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Bk! 840 Pg: 168 Certf: 142138
Doo:NOT 09/22J201511:SOAl.I
NOTICE OF ACTMTX AND USE Lll\llTATION
M.G.L. c. 2!E, §6 and3l0 CMR40.0000
Note: Pursuant to 310 CMR 40.1074(5), upon transfer of any Interest In or a right lo use the
property or a portion thereof that Is subject to this Notice of Activity and Use Limitation, the
Notice of Activity and Use Limitation shall be Incorporated either In full or by reference Into all
future deeds, easements, mortgages, leases, llcenses, occupancy agreements or any other
Instrument of transfer. Within 30 days of so Incorporating the Notice of Acltvlty and Use
Limitation In a deed that Js recorded or registered, a copy of such deed shall be submitted to the
Department of Environmental Protection.
Disposal Site Name: 50 Fordham Road
DEP Release Tracking No.: 3-0000518
.., /!.
~
This Notice of Activity and Use Limitation (''Notice") is made as of this~ day of
· t.
2015, by Rosemarie Stanieicb, Victoria J. Miyara, and Annette Maria Given as
Truste s of the \Vilmington Realty Trust, established by Declaration of Trust dated September 7,
1973, registered in the Middlesex North Registry District of the Land Court as Document
No. 63541 and noted on Certificate of Title No. 19837 and registered further in the 11iddlesex
South Registry of the Land Court as Document No. 515729 and noted on Certificate of Title
No. 142138, together with their successors and as.signs (collectively "Owner").
WITNES SETH:
\VHEREAS, the \Vilntlngton Realty Trust, of \Vilmington. 1Uddlesex County,
is the owner in fee simple of those certain parcels of land located at 40 and 50
Fordham Road in \Vilmington, Middlesex County, Massachusetts, with the buildings and
improvements thereon;
~fassachusctts
\VHEREAS, said parcels of land, which are more particularly bounded and described in
ExWbit A. attached hereto and made a part hereof ("Property"), are subject to this Notice of
Activity and Use Limitation. The Property is shown on plans registered in the Middlesex County
North Registry District of the Land Court as Land Court Plan Nos. 31713-C, 34588-B, 34588-E,
and 36899-B, and in the Middlesex County South Registry District of the Land Court as land
Court Plan No. 31713-D;
'VIIEREAS. a portion of the Property ("Portion of the Property") is n1ore specifically
subject to this Notice of Activity and Use Limitation. This Portion of the Property is nloro
particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The
Portion of the Property is shown on a sketch plan attached hereto and filed herewith for
registration;
Jt/,,{/38 . 8"/tJ . /88
~1
\VHEREAS, the Portion of the Property comprises part of a disposal site as the result of a
release of oil and/or hazardous materials. Exhibit B is a sketch plan showing the relationshlp of
the Portion of the Property subject to this Notice of Activily and Use Limitation to the
boundaries of said disposal site existing within the limits of the Property and to the extent such
boundaries have been established. Exhibit B is attached hereto and made a part hereof; and
\VHEREAS, one or more response actions have been selected for the Portion of the
Disposal Site in accordance with 1f.G.L. c.21E ("Chapter 21E") and the Massachusetts
CQntingency Plan, 310 Cl\.iR 40.0000 ("MCP"). Said response actions are based upon (a} the
restriction of human access to and contact with oil and/or ba?.ardous material in soil and/or
groundwater, and (b) the restriction of certain activities oe<:urring in, on, through. over or Wlder
the Portion of the Property. A description of the basis for such restrictions, and the oil and/or
hazardous material release event(s) or site history that resulted in the contaminated media subject
to the Notice of Activity and Use Limitation is attached hereto as Exhibit C and made part
hereof.
NO\V, THEREFORE, Notice is hereby given that the activity and use limitations set
forth in this Notice of Activity and Use Limitation are as follows:
1.
Activities and Uses Consistent with Maintaining No Substantial Hazard
Conditions, The following Activities and Uses are consistent with maintaining a condition ofNo
Substantial Hazard and, as such, may occur on the Portion of the Property pursuant to 310 CMR.
40.0000:
i.
Industrial and eon1mercial uses;
ii.
Such other activities which, in the Opinion of a Licensed Site Professional,
shall present no greater risk of harm to health, safety public \\'elfare or the
environment than the activities and uses set forth in this Paragraph; and
iii.
Such other activities and uses not identified in Paragraph 2 as being Activities
and Uses inconsistent with maintaining No Substantial Hazard Conditions.
2.
Activities and Uses Inconsistent with Maintaining No Substantial Hazard. The
following Activities and Uses are inconsistent \vi th maintaining a condition of No Substantial
Hazard pursuant to 310 CMR 40.0000, and, as such, may not occur on the Portion of the
Property:
i.
Residential, school, playground, park, or daycare use; and
ii.
In the area as defined by the Activity and Use Limilation ("AUL'1 boundary
presented in Figure J of the Activity and Use Limitation Opinion annexed
hereto as Exhibit C, activities that would result in exposure to or the
disturbance of potentially CQntaminated soils, bedrock. groundwater, and
indoor air, unless appropriate precautions to prevent human exposure are
taken as described in paragraph 3 below.
2
3.
Obligations and Conditions. The following obligations or conditions are
necessary and shall be undertaken and/or maintained at the Portion of the Property to maintain a
condition of No Substantial Hazard:
i.
The concrete floors within the footprint of the AUL boundary, if present, must
be maintained in a condition that will prevent potential exposure to potentially
contaminated soiJ1 groundwater, and soil gas. Interior building floors will be
inspected annually with repairs made to seal cracks larger than one-fourth
(1/4) inch in width. The penetration of and the subsequent repairs made to the
concrete floor of any buildings within the AUL boundary \vill be evaluated by
a Licensed Site Professional to maintain the safety of construction and on-site
workers.
ii.
Excavated soil and bedrock removed from the AUL area must be managed in
accordance with the Soil Management Procedures pursuant to 310 CMR
40.0030.
a. If the soils and bedrock are suspected or are pre-determined by a Licerned
Site Professional to be Remediation Waste as defined under 310 CMR
40.0006, then the soils and bedrock will be managed under a Release
Abatement Measure ("RAM") set forth by the MCP at 310 ClviR 40.0440,
as determined by a Licensed Site Professional.
b. If the excavated soils and bedrock from the AUL area are determined not
to be Remediation \Vaste, then they will be managed under a RAM or in
accordance with the Similar Soils Provisions Guidance1 WSC#-13-500, as
determined by a Licensed Site Professional.
iii.
If groundwater dewatering activities are required within the AUL area, then
the groundwater will be managed appropriately as described here:
a. If the groundwater is determined to be a Remediation \Vaste, then it will
be managed under a Release Abatement ~feasure ("RAM") set forth by
the MCP at 310 CMR 40.0440, as determined by a Licensed Site
Professional.
b. If the groundwater removed from the AUL are.a is not determined to be a
Remediation Waste, then other appropriate options may be used to
manage the water as determined by a License-cl. Site Professional.
iv.
Activities that could result in exposure to or the disturbance of soils, bedrock
or groundwater in the AUL area, must be conducted in a!Xordance with the
performance standards for RAMs set forth by the MCP at 310 CMR 40.0440,
the Soil Management Procedures pursuant to 310 CMR 40.0030, the Similar
Soils Provisions Guidance (\VSC#-13-500). Construction of Buildings in
Contaminated Areas (Policy \VSC#-00-425) and applicable Health and Safety
3
procedures outlined in 310 CMR 40.0018, as determined by a Licensed Site
Professional.
4.
Proposed Changes in Activities and Uses. Any proposed changes in activities and
uses at the Portion of the Property which may result in higher levels of exposure to oil and/or
hazardous material than Clurently exist shall be evaluated by a Licensed Site Professional who
shall render an Opinion, in accordance with 310 CMR. 40.1080 el seq., as to whether the
proposed changes are inconsistent with maintaining a condition of No Substantial Hazard. Any
and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied
before any such activity or use is comn1enced.
5.
Violation of the AUL. The activities, uses and/or exposures upon 'vhich this
Notice is based shall not change at any time to cause a significant risk of harm to health, safety,
public \Velfare, or the environment or to create substantial hazards due to exposure to oil and/or
hazardous material without the prior evaluation by a Licensed Site Professional in accordance
with 310 CMR 40.1080, and without additional response actions, if necessary, to maintain a
condition of No Substantial Hazard.
If the activities, uses, and/or exposures upon which this Notice is based change
\Vithout the prior evaluation and additional response actions determined to be necessary by a
Licensed Site Professional in accordance with 310 CMR 40.1080, the o\vner or operator of the
Portion of the Property subject to this Notice at the time the activities, uses and/or exposures
change, shall comply with the requirements set forth in 310 CMR 40.0020.
6.
Incomoration Into Deeds. Mortgages Leases and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all future deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby
an interest in andlor a right to use the Property or a portion thereof is conveyed in accordance
w;th 310 CMR 40.1074(5).
Owner berby authorizes and consents to the filing and recordation and/or registration of
this Notice, said Notice to become effective when executed under seal by the undersigned
Licensed Site Professional, and rocorded and/or registered with the appropriate Registry(ies) of
Deeds and/or Land Registration Office(s).
{Remainder of Page Intentionally Left Blank]
4
WITNESS the execution hereof under seal this ,, I!, day o~ 2015.
~~~ ... J2
Owner
Rosemarie Stanicicb, as
Trustee of the Wilmington Realty Trust
COMMONWEALTH OF MASSACHUSEITS
/JliddtP.ltf
k
SS
lo ,2015
13&.. day of~ J; 201[before me, the undernigned notary public, personally
ap~A/O'.n-~_OLc.A (name of document signer). proved to me through
On this
satisfactory evidence of identification, which were ]')1(/t/t.r'5 -~
• to be the person
whose name is signed on the preceding or attached document, and acknowledged to me that she
signed it voluntarily for its stated puipOse as trustee for \Vilmington Realty Trust.
Ot~
Notary Public:
My Commission Expires: a~ .26 .-
~
®
5
AlEXAND~A DANllOV
Notary Public
COMMOHWUlJHOfMA!SACHUun1
Mr Comm1u1on hpfrH
Oee1mb11 U, 2019
Ii
l'J~day of 0\,t\ y
WITNESS the execution hereof undersea! this
,2015
~~~~~=--f]plf ~·
Owner
Victoria J. J\.fiyara, as
Trustee of the 'Vilmington Realty Trust
Merrimack
State of New Hampshire
---~·"
1i1I~ 14+h. 2015
O~V}s~~y of
20!..3 before me, the unde~igned notary public, personally
appeared
1Q J, N1~Q'fl{(name of document ,signer), p~ved to me through
satisfactory evidence of identificatin, which were EL. bn{P CS b{e.. , . to be the person
whose name is signed on the preceding or attached document, and ackno,vledged to me that she
signed it voluntarily for its stated pwpose as trustee for \Vilmington Realty Trust
;:tu..\'j,
~'{.~lo
Notary Public:
MyCommissionExpires:
6
/
't}CJd- J/
'bl/
}D
er
Annette 1'.faria Given, as
Trustee of the \Vilmington Realty Trust
COMMONWEALTI! OF MASSACHUSETIS
/J7;cftf,6u-X,ss
-
ft
On this~ day of~
~ /3 ,2015
,,.
v
20b before me, the undersigned notary public,
personally appeared
:;i«el<J (name of d~ument sffener). prove.cl to me
through satisfactory evidence of identification, which were/l?<U'< -;[df'a.a...e
. to be
the person whose name is signed on the preceding or attached document, and acknowledged to
me that she signed it voluntarily for its stated putpase as trustee for \Vilmington Realty Trust
/JIJtJP}A
(}h,qyu2,, ~rrtA
Notruy Public:
My Corumfasion Explr"': /.;J-)Jo-f'f
~
@
7
AlEXANDR'A DANllOV
Notary Pt1b/lc
COMMOS'i!VJ.THOlMUSACHUSf!fS
My Commrulon hpiiei
01i:t1t1b1t 26, .2019
COMMONWEALTH OF MASSAClilJSE1TS
.uai.01r
~.ss
On this~day of ~
, 20_.1.Sbefore me, the undersigned notary public,
personally appefiled Tu.t;:tJ~ &
(name of d,pcurneot signer), proved to me
through satisfactory evidence of identification, which were ftnvt.d /, 4< •
, to be
the person whose name is signed on tho preceding or attached document, and acknowledged to
nte that he signed it \'oluntarily for its stated purpose.
Upon recording, return to:
Ronald Dardeno, Esq.
Law Offices of Frank N. Dardeno LLP
424 Broadway
Somerville, MA 02145-2619
and
Beth M. Kramer, Esq.
Associate General Counsel -- Energy,
Environment, Safety & Health
Lockheed Martin Corporation
6801 Rockledge Drive
Bothosda, MD 20817
8
LEGAL DESCRIPTION
LOT 4 •nd LOT I
Tvro (2) c•ttlln p&rctl• or land located In the Town rrt '#Jl111Jngton, County
or Atfddl...,,;. M•1s.1chu••,tt1; ~Id two (2) p.1~el• of ~nd located esitt•rlY or
Fordh.1111m ROid, Jn Wllinln;ton, ~11Khu1tt.t11 ind 11ld l'fl'O (J} ptrcaf• ot l•nd
1hown 11
4 and Lc:lt •on "Pf1n of land In W/lmfngtcn, Mast • .- <!ft~ Febru1ry 21,
1971, 011'\11 ff. P•rldn• I AUOq., Inc., Clvll E'nglMtl'S and Survtyors, R... dlngLow-•U. M.iisuchufttl#; which pfap Is ftltd Jn MJdd/.aq Horth R.glstry District
of lh• Land Court, •• Plan Ho• .!!!!!:!.··
'-°t
The t•ld two {2) parcels of land,,.. bounded and dtij:Crlbed ••follows:
I.OT 4 •• 1hown on stld plan.
NORTHWESTERLY1
by lend now or fi:u•111•riY of Carl R~lty, lne,, 11Ven
hundr«I thlrtY""on• and 40/100 (731.JtO) r11t;
NORTHEASTl!!RLY:
by Lot I•• shown on hid pf1n, two hundred 1.V1.ntyHv• and oi/100 (275.0JJ fMt;
eAsTERLYt
by Lot 3 •• shown on .said
(92 ...4) fttt1 and
SOUTHliASTERLY1
by land now or fonnarly of diiQ"i-91 E. Dunn, •long th•
Town LIM dlvfdlng Wlhntngtoi'I and North R-._dlng,
S«Vtn hund~ flrty-nv• ind 171100 (759'.17) fe•t: ind
SOUTHWESTERLY:
by t1nd now or fonnerfy of SoLlth Ma_11, Land D•velop.rs,
Jnc., two hundred thirty lnd 2:71100 (2:30.17) feat.
pl~n, nlnaty~two
ind "/tao
l.OT 6 as _shown on· ••Id pl•n·
NORTHWESTERLY1
by l•nd now or formuly of Ctlrl Realty,. Inc,, two
hundred nln•lV-~"'"' •nd 00/100 (297) r..tJ
SOUTHEASTERLY:
by 1.ot ~••shown GO "'Id pfitn, four hundrltd thirty-five and 67/1011 (11]5,67) fHt; ind
NORTHEASTERLY;
by Lot -4 as shawn on said pl•n, two hundred 1avantyflv• •nd 02/100 (27!.02} f..t.
For lltla of Truitei11 or THE WILMINGTON REALTY TRUST to safd Lot II and
Lot 6, see Mlddlu,ipc North Rtgiltry Dl_l,trlct of the Land Court, CertfnC1:t• of
Tille No. 19811Z, r~oordffl In Rtgl1tn1Uon Book 102, Page 83.
LOT1
A certain parcel of land \Vith the buildings thereon, located in the Town o(\Vilntington, County
of Middlesex, Con1n10n\VCalth of Massachusetts, said parcel shown as Lot 7 upon a plan entitled "Subdivision Plan of Land in \Vihnington, h-1ass.", dated-Septen1ber 21, 1983, Dana F. Perkins
and A::.soc., Inc., Surveyors, and filed with the Engineering Division of the Land Court of
?vlassachi.tsetts as Plan 31713C.
For Owner's title, see Middlesex North County Registry District of the Land Court, Certificate of
Title No. 19837 and Certificate of Title No. 19838.
A artaln p.1rcal of find, fOQlt-4 l_n thl TO'IJn of Horth Reading, County of_Mlddl••l!X,
C01111DOn'll'Nlth of Ma11Khu.st.tu, __ti•ld parcel 1hown •• Lot 10 upon 1 pl•n .nthl9d
•Pfan of Land In NORTH JllEADIHO I WILMINGTON, MASS.•, ~ttd stptemW 11,
Utl, DANA P, PERKINS Ind At~., Inc,, ClvU ET'lgfl\Ml'I' and Surveyors, 11\d
Ried. with th• l!nGIOHrlnsl DlvlsJon of thti Land Court of Ma1nchU1ttU •• Plan S1713C
and Pltli 111110 Iioundtd •nd d&1crlbltd ti" follow•1
HORTH&RLV
by th• To.n Lin• ~.-..n Horth RMdfng and WU111l1\9ton,
11
lfhown on 1U1ld Plan, nln• l'lundnd ....,.., ind 09/101 (907. 09)
fMt:
HORTHMESTERLV
by land •tio•n on l&ld Pl1n ''"Town of Horth R•dlng",
nlnety-el;ht and 43/101 CH.•>> ~J
SOUTHEASTSRLY
by Let t, •• •hotrn on •Id Phin, foul' hundred t'""1\y""t.hi-..
and 111100 (423.tO r..i;
·
.
SOUTHWSSTERLY
by Lot f, 11 ahown on 11ld Pllfl, on1 hunch"-td
( 110,o\I) fMtJ
SOUTH&ASTERl.V
by Lot '· 11 shown on 11ld Plln, thr.4 hundred nlntty 11'.nd
49/100 (390,o\9) fMtJ •nd
SO°uTHWESTEUlY
by Lot t, •• shown on ta\d Plan, two hundr'j(j forty-dghi
1nd 31/101 {141,31) fMt,
un •nd
•11100
•
Slld Lot 10, all 'l'llthln th• town of Horth R•dlnsr, COlllprlJu 3,91 .,~-·of land,
or ' ' ' ' (170,1177) 1qu1r. fMt of l1nd, roor• or lt11J, as shown on nld Plan.
morti
S1ld Lot 10 Is a 11.1bdlvl1fon of c1rt1ln loU, lltl• to which 11 reglst•red In th• Land
Re-gltll'll11on Office, South Ragl1try Dlltrf~ of Mldcll .. .x County, ind •• folfowS= ·
- sl I _Ot31f1 -•• 71tQ''f1fiR
•of Lot
pJ.,,
fl•·.,,.-,,, .~.e_.HJf:-h• or 'Filla Ua_1 ·11i_r'aJ~nd
r;-{. shown on Plln Ho.
31711--B (Ctrtlflcata of Title Ho. 1112131) 1 lll:.
•'lo""''
~~
Thit «rttln parctl of land situate In Ylllmh1gton~ County or Mldd/l!JelC• Common..
~·Ith or M1111~11u1tts bound•d •nd ditsCribld •• follow11
SOUTHWESTERLY
by the Northta1t1rly lino of Fordhlm Road, two hundNfd
fifty ( UOJ ffftJ
NORTHWES1'ERLY
by land now or fGrMrly of C.:rl R•lty, Inc., 1r>c hundred
ff)llN"lly-two a.nd 31/100 (172,31) fHt;
EASTERLY
SOUTHEASTERLY
by land now or formerly of So, Mtiu, Land D1v1fop1n, Inc.,
two hundr.d flrtY""fiVo and 07/100 (155.07) fHh and
by land now or formerly of Carl R~lty, Inc., _a,ht hundnKI
t\lrenty-on• •nd 711/100 (121.7') r..t.
All of S:.ld boUn'darlu lr'O det\nnlnad by th• Land Court ta bl foa.ttd 11-,_hown on
aubdJVlllon plan 34!1 .. B, drawn by DAM "· P.rkln• I Soni, Inc., SUN1yon,
i;ij_tod April I, l!IU, 11 approvtd by thcl C04.lrt, flltd In tho Land Rl;!ill•tnUoh Offlct;,
•copy of• portion of which I• nlt<i with Ctrtlne1t1 of tJU• llll1, and i1!d tand ts
thown •• Lot thirty (30) on ••Id plan.
Being tl11 s.ema pronll•H evldencad by Cortlncmto of Tltl• No. 19131 (Mlddf11ex:
North R~ltry District},
d"-. JoJ. ... ?7
.·
LOT.!:!
. That certain parcel of land sltu;wt• In \,llm!ngton, In the County of Middlesex.
Commonwealth of M1ss1chuMtts, bouhdad and described as follows:
WESTERLY
by the E••tarfy fine of Fordham Rd. by several llnos
measuring together", eleven hundred elghty-.saven and
NORTHEASTERLY
by ftnd now or formerly of C•rl Re1lty, Inc., nve
hundr4td thirty-two and 01/100 (532.01) ffft;
NORTHEASTERLY
ag•Jn by land now or formerly of Max Slagel et at, two
hundred nln.ety-seven (297] feet;
EASTERLY
by l1nd now or formerly of So, Mass. Land D1vefopers,
Inc., five hundred ninety-nine and 28/100 (599.28) feet;
97/100(1,187.97) ffflh
and
SOUTHEASTERLY
·
by Lot 30, six hundr&d Mvanty-two and 36/100 (6l2,36)
fttt.
.
All of said boundaries are d1t1rmlned by the Land Court to be located as •hown on
subdivision plan 31J51J8-E, dr•wn by Dana F. Parkins and Son•, lnc. 1 Surveyor•,
dated January 27, 1969, •• approved by th• Court, f1led In th• Land Registration
Office, a oopy of• portion of Ythlch Is flied with. Certificate of THI• 16620, end 111fd
land Is shown as Lot thirty-three (33) on seld pion.
Blilng the same premle:es evfdenced:by COr:tlflqate of TJtlit No. 19sqo '(Mlddl11ex
~orth R.egltti"y Pl1trlciJ.
· Bk..'· lo.:l -11
THE ABOVE DESCRimONSARE TAKEN FROM LAND COURT RECORD DOCUMENT NUMBER 172247
NORTI-1 MIDDLESEX COUNTY
~P.Shea
s'sach:sPLSN:.33192
Holden Engineering & Surveying, Inc.
AUL DOUNDARY LEGAL DESCRIPTION
Beginning at a stone bound on the easterly sideline of Fordhan1 Road at the northwest
canter of lot ID 91-131 Lot 7 and the southwest con1er of lot ID 91-131A Lot 30 and the
point of beginning of the AUL Boundary, thence along the easterly sideline of Fordham
Road North 11° 54' 17" 'Vest 285.10 feet past the northwest comer of lot ID 91-131 Lot
30 to lot ID 91-13 IA Lot 33, thence over lot ID 91-13 lA Lot 33 North 81° 02' 45"
East 443.90 feet, thence over lot ID 91-13IA Lot 33, North 16° 31' 27" West 142.97 feet,
thence over lot ID 91-IJIA Lot 33, North 75° 45' 44" East 108.12 feet, thence over lot
ID 91-13 IA Lot 33, North 01° 02' 35" \Vest 85.99 feet, thence over lot ID 91-131A Lot
33, and lot ID 99-1Lot4 North 78° 32' 00" East 334.19 feet, thence over lot ID 99-l Lot
4 South 07° 25' 18" East 335.96 feet, thence over lot ID 99-1 Lot 4 and lot ID 213-212
Lot 10 and along lot ID 213-2-11 South 12° 48' 00" East 847.35 feet, to the southeast
comer of the AUL Boundary and southc.ast comer of lot ID 91-131 Lot 7 at land of lot ID
213-2-11 thence along lot ID 213-2-11 South 72° 23' 59" \Vest 293.36 feet, thence along
lot 10213-2-l l South63° 19' 49" \Vest 26.31 feet, thence along lot ID 213-2-11 South
63° 19' 49" \Vest 88.69 feet, thence along lot ID 213-2-11 South 25° 37' 41" East 80.00
feet, thence along lot ID 213-2-11 South 64° 22' 25" \Vest 255.00 feet to the
southwesterly comer of the AUL Boundary and south\vesterly comer of lot ID 91-131
Lot 7 at the easterly sideline of Fordham Road, thence along the easterly sideline of
Fordhan1 Road North 48° 17' 49" \Ve-St 84.60 feet to a point of curvature, thence along
the easterly sideline of Fordham Road having a curve to the right having a Radius of
1081.41 feet and a length of 659.84 feet and a chord bearing of North 29° 23' 07'' \Vest
649.65 feet to the point of tangency, thence along the easterly sideline of Fordham Road
North 11° 54' 17" \Vest 200.00 feet to the point of beginning.
Containing 970,499 Square Feet or 22.280 Acres
~
--
lvfassachusetts PLS No. 33 I 92
Holden Engineering & Surveying, Inc.
EXHIBIT A-2
PLAN OF THE PORTION OF THE PROPERTY SPECIFICALLY SUBJECT TO THE
AUL PREPARED BY REGISTERED LAND SURVEYOR
[
·~1111
EXHIBITB
RELATIONSHIP OF THE PORTION OF TI1E PROPERTY SUBJECT TO THE AUL
TO THE BOUNDARIES OF THE DISPOSAL SITE (Sketch Plan)
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EXHIBITS
EXHIBIT C-ACTlVITY AND USE LIJllITATION OPINION
Purpose of the AUL
This Notice of Activity and Use Limitation ("AUL") provides notice to current and future
interest holders of the property comn1only k:no'vn as 50 Fordham Road (including the addresses
of 40 and 50 Fordham Road), \Vilmington, Massachusetts (the "Property'') of residual
contamination remaining at the Property.
It should be noted that this AUL is being used
voluntarily, in accordance with Section 40.1012(3)(h) of the Massachusetts Contingency Plan
(MCP), 310 CMR 40.0000, and is not required by the MCP, to confirm certain assumptions
regarding future uses at the Property for pwposes of Risk Characterization of human health and
ecological risks at the Disposal Site. This AUL describes certain restrictions upon the use of the
Property to promote the ongoing protection of human health and the environment.
This AUL \vill serve as a notification, concerning appropriate health and safety measures to be
taken during any future construction-related or other activities that disturb the subsurface,
including (hut not limited lo) penetration of concrele building slabs, subsurface soil or bedrock
excavations and groundwater dewatering activities. rt 'vill also be protective of human health
and the environment by requiring that any contaminated media generated during construction
activities be managed in accordance with M~chusetts Contingency Plan (11CP) Soil
Management procedures as described in 310 CMR 40.C>030 and the Massachusetts Department
of Environmental Protection (MassDEP) guidance documents, including Construction of
Buildings in Contaminated Areas (Policy \VSC#-00-425) and the Similar Soils Provisions
Guidance (\VSC#-13-500), as determined by a Licensed Site Professional ("LSP").
Relevant Property History
Contamination of the Stickney \Veil, a currently inactive public supply well for the town of North
Reading, was discovered in the late 1970s. Subsequent investigations of multiple surrotmding
properties, including the Property (fonnedy owned and operated by GE Aerospace (sometimes
referred to as "GE" herein)), began in the early 1980s. The Property has been subject to remodial
investigations and cleanup since 1986, when the MassDEP (then the Department of Environmental
Qua1ity Engineering or DEQE) issued GE a Notice of Responsibility. In 1987, the MassDEP
f,
classified the former GE facility as a Priority Disposal Site, 1 and in 1994 the MassDEP assigned
Release Tracking Number (RTN) RTN-3-0518 to the site.2
The Property has had a Wstoiy of manufacturing processes that have contributed to releases of
fuels, oils, solvents, and melals to the environment. Analytical data have shown that six primruy
types of organic and inorganic compounds are associated
with RTN 3--0518. These include
chlorinated volatile organic com1xmnds (CVOCs); total petroleum hydroca.rl>ons (TPH)j benzene,
toluene, ethyl benzene and xylenes (BTEX) compounds; methyl tertiary butyl eUter (MTBE};
several n1etals; and light non-aqueous phase liquids (LNAPL) identified as Stoddard fuel (solvent).
Known impacted areas of the Property include four separate operating units (OU), as well as the
Tank F and Building 1 Areas, and are sun1marize<l in the following table and shown on the
attached Figure 1. These areas are designated ''Restricted Area-;."
Restricted
Areas
Description
OU·l
Former Tank Fann
S-OU£ce area and
OU-3
Compounds of Concern
Regulatory
Status
Stoddard Solvent LNAPLin groun®-atcr
and aillictablo petroleum hydrocarbons
(EPH)-volatile petroleum hydrocarlxms
(VPJ-1) in both soils and grcwid'.vater,
assocfafed rusenfo
Op<n
h-Icdia
adjacent East.mi
OU-2
Affected
Parking Lot (EPL}.
Tank Farm had 4
underground storage
tanks (USTs) removed
in 1987.
Formtt Tank Farm
source area and do'.'.Ugradient plume on- and
off-prop<rty
Storm water/Wasta
v."l!ttOutfalbOOI and
Vadosezono
S<>ih,and
shallow
groundwater
CVOCs and 1,4-ilioxaoo
Ground\\-ater-
SOOirnent
Metals and petroleum hydrocarbons
002
Op<n
C!ooed, Partial
CJassA-2
R""°"'o
Action Outoome
{RAO)
(Submitted
20()4\
1
Under 310 CMR 40.0006 (I)(b), lhe tenn "Dispo>ll Site" is used to refer to a place or area where an uncootrolled
release of oil and!«' haz.trdous material from or at a site or vessel has oome to be located.
~fartin Marietta aC11_uirOO GE Aerospace in 1993 and robsequently Martin Marietta and Lockheed merged to fonn
Lockheed Martin Corporation.
l
2
Rcstrkted Description
Areas
Affected
Media
Compounds of Concern
Regulatory
Status
OU-4
Fooner TankKrource
area and immediately
dDv.n-gradient of
Vadose:rone
soils and
Gasoline related pctroleum hydrocarbons
(VOC§) from fonner gasoline UST. UST
was r~rnC1ved in 1986.
Closed, Partial
Clas! A·2 RAO
(Submitted
FIBuilding 1
"luma
Formcr Tank F area
and area below
Am
0011«etesfahof
woond1valer
Ved<>Sezone
soils and
groondwatn-
T<mk
Build.in~
shallow
2010\
CVOCs and petroleum hydrocarl>mi:
°"'"
I
OU-I Area
The Response Actions taken at the Tank Farm/EPL Petroleum Area (OU-I) have included
LNAPL re.::overy, removal of Building 3 and the Oil House/drum storage, and excavation and offsite disposal of petroleum contaminated soil. Since 2011, LNAPL gauging has indicated the
absence of measurable LNAPL in any v.'ells that have been gauged. Soil impacts in the OU-1
appear ·to· be consistent 'vith current MCP Industrial!Commereial standards; ho\vever, the deeper
groundwater and do,vn-gradient plun1e is impacted with the CVOCs emanating from the fonner
Tank Fann OU-2 Area (see below).
OU-2Area
The Response Actions taken at the Tank Farm CVOC Source Area (OU-2) have been extensive
and included:
•
Removal in 19&7 of four Underground Storage Tanks f'USTs") at the Tank Fann ('rank D,
a 10,000-gal 'i,vaste fuel" tank that receivai waste fl.tel and oil, thinners, and solvents;
TankG, a 10,000-gal tank used for storing jet fuel and oil; Tank H, a 1,000- gal tank used
for storing JP-4 jet .fuel; and Tank:J, a SOO·gal tank used forstoringmethanol).
•
Groundwater pump and treat at the Tank Fam1 Area between 1993 and 2002. During
operation, approximately 1.9 million gallons of groundwater 'vere treated, and
approximately 31 pounds ofVOCs 'vere removed from the groundwater.
Groundwater pump and treat in a be.drock \Veil CTRC-202R) located down-gradient of the
Tank Farm Are.a between 2003 and 2008. During operation, approximately 4.3 million
gallons of groundwater were treated, and approximately 159 pounds of
3
voes
'vere
removed from the groundwater.
Ground\mter data trends did not indicate significant
re<luctions in contaminant concentrations. The systen1 remains shut do\vn at the present
time.
•
Addition of a remedial treatment solution known as Emulsified Zero Valent Iron ffiZVI) in
2005 through 2006. EZVI
\Vas
injected direclly into bedrock fractures and into the
overburden-bedrock interface within the Tanlc Fann Area. The EZVI treatment was not
considered successfuJ.
•
Analysis of monitored natural attenuation
(~fNA)
geochemical and microbiological
paranieters in 2012 for groundwater, indicating conditions supportive of limited enhanced
reductive dcx:hlorination. A review of plume geometry and other trends indicate that the
off-site CVOC impacts appear to be stable or shrinking.
•
Additional groundwater investigation activities from 2012 through 2014 in the Tank Fann,
the EPL and off-site in the adjacent wetland areas. This work is on-going and the data will
be evaluated and preseutOO in a Suwlemental Phase II report in the future.
OU-3 and OU-4 Areas
Areas within OU-3 and OU-4 have beenremediated and closed under the MCP in 2004 and 2010,
respectively. Response Actions taken at OU-3 included excavation of metal-impacted sediments
and vletland restoration. Response Actions taken at OU-4 have included UST removal, soil
excavation, and biosparge/soil vapor extraction. Although these areas have been closed under the
MCP, it should 00 noted that contaminated media were cle.aned up to Industrial/Commercial
standards and that low level impacts may remain. That is, the soil, sedintents and groundwater
have not been cleaned up to conditions such that these locations would be suitable for Residential,
Institutional, or parldplayground land use without first completing further response actions.
Tank F and Building 1 Areas
Tank F, fonnerly located on the southwest side of Building 1 on the former GE facility property,
which received acid and caustic wastes plus other degreasing solvent and fuel wastes through floor
drains from Building 1, \vas removed from the Property in 1990. No obvious impacts were
4
observed during its removal or from samples obtained from soils and other liquids associated with
the tank prior to its removal. No remedial efforts have been associated with this tank area.
Investigation results suggest CVOC impacts in the southwestern area of Building 1 and/or the
former Tank F area. Shallow groundwater in the overburden does not exhibit elevated CVOC
concentrations; however, bedrock \vells in this area exhibited much higher concentrations of both
PCE and TCE. In June 1987, a small tank was removed adjacent to Tank F and field screening
levels ofVOCs.ranging from 100 to 200 parts per million (ppm) 'vere encountered near the bottom
of the excavation. In addition. sampling of sediment from within the chase troughs in Building 1
exhibited petroleum hydrocarbon and CVOC impacts. Soils within the top foot under the 1ueta1s
finishing floor rumps indicated lo\V levels of CVOCs.
Sub-slab and indoor air sampling has been conducted within Building I between 2009 through
2014. Elevated levels of petroleum hydrocarbons and CVOCs have been detected below the
concrete slab of Building I. l<>'v levels of CVOCs have a1so been detected in indoor air samples,
however, they have consistently been below MassDEP available MA Com.merciaVJndustrial (C/I)
Threshokl
Val~
and do not pose a risk to industrnlf commercial workers. It is therefore the
opinion of the LSP that inlustrial and oommcrcial use is a pcnuissible use under the AUL.
In 2013 and 2014, additional soil and groundwater investigation activities have been performed
underneath Building 1. This work is on·going and the data 'vill be evaluated and presented in a
Supplemental Phase TI report in the future.
Nature and Extent of Contamination
The lateral extent of the MCP Disposal Site encompasses a large portion of the Property as shown
on the attached Figure 1. Within this site boundary, residual levels of contaminants are likely
present \Vi thin soil or groundwater or both. Higher concentrations are expected within the
Operable Unils and the Tank F/Building 1 Areas than in areas outside of these designated areas.
However, low level residual contamination above applicable MCP standards may be present in
areas outside of these areas within the Disposal Site boundary. The AUL boundary has been set
to encompass a large portion of the Property, including the Restricted Areas, but exclusive of the
5
northern wetland areas where future
const:ruction~related activities are
considered to be highly
unlikely, and exclusive of the areas beneath and between Buildings lA and 2.
Recommendations
It is the opinion of the LSP that the restrictions on Activities and Uses of the Property and the
Obligations and Conditions contained in the AUL are appropriate, based on the foregoing.
6
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RECEIVED f'OR REGISTRATIOH
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Bl<.: 00840 Pg: 188 Cert#: 142138
Doo:OEAT 09'28/201511:30A.\f
WILMINGTON REALTY TRUST
TRUSTEES' CERTIFICATE
The un<krsigned, Rosemarie Stanieich, Victoria J. Maiyara, and Annette Maria Oh·en, as Trust~ of
'Vilmiagton Realty Trust un<kr Declaration of Trust dated September 7, 1973, registered in tho Middlesex North
Registry District of the Land C.Owt asDorument No. 63541 and noted on Cer1ifi.c.ate of Title No. 19837 and
registered further in the Middlesex South Registry oftba Land Court as Document No. SJ 5129 6d noted on
Certificate ofTitle No. 142138 (the "Trust''), hereby certify as follows:
1.
Thlt they are all oftlte current Trustees of the Trust;
2.
That the Trust is in full force and effect and has not been revoked, tenninAted orr¢5Clnded in
whole or in part;
3.
That the lllldmigned Truslees Juve been duly authorized and speclficallydirttted by all of the
beneficiaries of the Trust to exerute, acknowledge and deliver that certain Activity and Use Limitation v.ith r~"J)«t
to the property O'>\"Il.ed bytlte Trust and having an addres.s ofSO Fordham Road in Wilmingtoa, Mass.achusctts, and:
THE C01fl\{ONWEALTH OF l.fASSACHUSETIS
County ofMiddlesex, ss.
thls/.J
~
On
f,ldayof
• 2015 before me, tba undersigned notary public, perwnally appeared
Rosemarie Stanieich, pwv«l tg~gh satisfactory evidence of identification, v.hich was [/fphotographic
Identification with signaturc issuW. by a federal or state go\·emrnent agency, ( } oath or afrmwtionofa credible
v.itne.ss, or [ ] paronal knowledge of the undenigned, to be tha person whoso name is signed on tho pr~
document as Tmstro of Wilmington Realty Trust as .afore.said and acknowledged to me that she signed it voluntarily,
for its stated purpose.
~
®
ALEXANDRA DANILOV
Nolarv Public
COWAOU',l(EAlfHOf MA$.MC1i1J$~rl$
My commr111on h;0!!u
PIOllY'lbtl 26, 2019
-'fHE£-OMMONWEAb'fff.Gf.MASMC-HlJS&FF&
M~ti::imack
THE STATE OF NEW HAMPSHIRE
County oftttim:tte>ex-, ss.
:JlJ
On this ~ay of
!~ . 2015 befofe me, the undersigned notary public, pasonally appeared
Victoria J. l>faiyara pro\•ed to me thrO 8,h satisfactory evidenc<: of identification, v.'hkh was (X] photographic
identification \\ith signature issued by a federal or state gow-mment agency, [ J oath or affirm.ltion of a credible
\\itness, or [ J person.al knowledge of the undersigned, to be the p«SOO \•oh<>Se name is signed on the p!lXeding
document as Trustee of\Vilmington Realty Trust as aforesaid and acknowledged to me Iha! she s!~d it voluntarily,
for its stated pwpose.
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THE COMAION'IVEALTH OF 11ASSACHUSHTIS
County ofMiddle;ex, ss.
pe~lly
tJLU .
On this !Jfr•aay of
2015 before me. the undecsigned notary pub lie,
appMnd
Annette Maria Given pro,·ed ~ satfsfac!OI)' evide~ of identification, which was [ } photographic
identification with signature issued by a federal or state gO\'etnmenl sgency, ( ] oath or affirmation of a credible
witnes.s, or [ ] paroi:111.I knowledge of the undersigned, to be the person whOoSe n!mc is signed on the preceding
document as Trustee of Wilmington Realty Trust as aforesaid and acknowledged to me that she signed it voluntarily,
for its stated purpose.
,~
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L/_/ / /
Notary Public
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Name: '1/e;:a11.ff,,.,,J,7,,u',{; ;/
My cd'tb.ilission Expires:
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ALEXANDRA DANILOV
Notary Publlo
COMMONV.'WrttOFf.U.SMCtlO·SUIS
My Commfulon hpJrei
Oeeember 26, 2019
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Southern 11idcllesex LAND COURT
~~istrs
District
RE:CEIV!::O FOR REGISTRATION
011: SeP 2312015 '-"'t 1l!J!)A
Ooi:umr,onL F'1;1e
75.01)
Rer.:eiPt Total:
$1S2.00
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Cert: 19837 Bk: 102 Pg: 7iJ
Recorded: 09/28/2015 11 :50 AM
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, §6 and 310 CMR 40.0000
Note: Pursuant to 310 CMR 40.1074(5), upon transfer of any interest in-or a right to use the
property or a portion thereof that is subject to this Notice of Activity and Use Limitation, the
Notice of Activity and Use Limitation shall be incorporated either in full or by reference into all
future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other
instrument of transfer. Within 30 days of so incorporating the Notice of Activity and Use
Limitation In a deed that is recorded or registered, a copy of such deed shall be submitted to the
Department of Environmental Protection.
Disposal Site Name: 50 Fordham Road
DEP Release Tracking No.: 3-0000518
.
.
.
. J./~
Use Limitation ("Notice") is made as of this ~ day of
(/Cl/(,-;!
2015, by Rosemarie Stanieich, Victoria J. Miyara, and Annette Maria Given as
Trustee's of the Wilmington Realty Trust, established by Declaration of Trust dated September 7,
1973, registered in the Middlesex North Registry District of the Land Court as Document
No. 63541 and noted on Certificate "of Title No. 19837 and registered further in the Middlesex
South Registry of the Land Court as Document No. 515729 and noted on Certificate of Title
No. 142138, together with their successors and assigns (collectively "Owner'').
7
, This Notice of Activity and
WITNESSETH:
WHEREAS, the Wilmington Realty Trust, of Wilmington, Middlesex County,
Massachusetts is the· owner in fee simple of those certain parcels of land located at 40 and 50
Fordham Road in Wilmington, Middlesex County, Massachusetts, with the buildings and
improvements thereon;
WHEREAS, said parcels of land, which are more particularly bounded and described in
Exhibit A, attached hereto and made a pait hereof ("Property"), are subject to this Notice of
Activity and Use Limitation. The Prope1ty is shown on plans registered in the Middlesex County
North Registry DistJ.ict of the Land Court as Land Court Plan Nos. 31713-C, 34588-B, 34588-E,
and 36899-B, and in the Middlesex County South Registry DistJ.ict of the Land Comt as Land
Court Plan No. 31713-D;
WHEREAS, a portion of the Property ("Portion of the Prope1ty") is more specifically
subject to this Notice of Activity and Use Limitation. This Portion of the Property is more
paiticularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The
Portion of the Property is shown on a sketch plan attached hereto and filed herewith for
registration;
l
I
"
'
WHEREAS, the P01iion of the Prope1iy comprises part of a disposal site as the result of a
release of oil and/or hazardous materials. Exhibit B is a sketch plan showing the relationship of
the Portion of the Property subject to this Notice of Activity and Use Limitation to the
boundaries of said disposal site existing within the limits of the Property and to the extent such
boundaries have been established. Exhibit B is attached hereto and made a part hereof; and
WHEREAS, one or more response actions have been selected for the P01iion of the
Disposal Site in accordance with M.G.L. c.21E ("Chapter 21E") and the Massachusetts
Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the
restriction of human access to and contact with oil and/or hazardous material in soil and/or
groundwater, and (b) the restriction of certain activities occuning in, on, through, over or under
the Portion of the Prope1iy. A description of the basis for such restrictions, and the oil and/or
hazardous material release event(s) or site history that resulted in the contaminated media subject
to the Notice of Activity and Use Limitation is attached hereto as Exhibit C and made part
hereof.
NOW, THEREFORE, Notice is hereby given that the activity and use limitations set
forth in this Notice of Activity and Use Limitation are as follows:
1.
Activities and Uses Consistent with Maintaining No Substantial Hazard
Conditions. The following Activities and Uses are consistent with maintaining a condition of No
Substantial Hazard and, as such, may occur on the Portion of the Prope1iy pursuant to 310 _CMR
40.0000:
i.
Industrial and commercial uses;
ii.
Such other activities which, in the Opinion of a Licensed Site Professional,
shall present no greater risk of harm to health, safety public welfare or the
environment than the activities and uses set forth in this Paragraph; and
iii.
Such other activities and uses not identified in Paragraph 2 as being Activities
and Uses inconsistent with maintaining No Substantial Hazard Conditions.
2.
Activities and Uses Inconsistent with Maintaining No Substantial Hazard. The
follo\vLtJ.g Activitie-s and Uses are inconsistent i.vitl1 maintai.Ping a condition of No Substantial
Hazard pursuant to 310 CMR 40.0000, and, as such, may not occur on the Po1iion of the
Property:
1.
Residential, school, playground, park, or daycare use; and
11.
In the area as defined by the Activity and Use Limitation ("AUL") boundary
presented in Figure 1 of the Activity and Use Limitation Opinion annexed
hereto as Exhibit C, activities that would result in exposure to or the
disturbance of potentially contaminated soils, bedrock, groundwater, and
indoor air, unless approp1iate precautions to prevent human exposure are
taken as desctibed in paragraph 3 below.
2
3.
Obligations and Conditions. The following obligations or conditions are
necessary and shall be undertaken and/or maintained at the Portion of the Prope1ty to maintain a
condition of No Substantial Hazard:
t.
The concrete floors within the footprint of the AUL boundary, if present, must
be maintained in a condition that will prevent potential exposure to potentially
contaminated soil, groundwater, and soil gas. Interior building floors will be
inspected annually with repairs made to seal cracks larger than one-fourth
(1/4) inch in width. The penetration of and the subsequent repairs made to the
concrete floor of any buildings within the AUL boundary will be evaluated by
a Licensed Site Professional to maintain the safety of constrnction and on-site
workers.
ii.
Excavated soil and bedrock removed from the AUL area must be managed in
accordance with the Soil Management Procedures pursuant to 310 CMR
40.0030.
.
a. If the soils and bedrock are suspected or are pre-determined by a Licensed
Site Profyssional to be Remediation Waste as defined under 310 CMR
40.0006, then the soils and bedrock will be managed under a Release
Abatement Measure ("RAM") set forth by the MCP at 310 CMR 40.0440,
as determined by a Licensed Site Professional.
b. If the excavated soils and bedrock from the AUL area are dete1mined not
to be Remediation Waste, then they will be managed under a RAM or in
accordance with the Similar Soils Provisions Guidance, WSC#-13-500, as
dete1mined by a Licensed Site Professional.
iii.
If groundwater dewateririg activities are required within the AUL area, then
the groundwater will be managed appropriately as described here:
a. If the groundwater is determined to be a Remediation Waste, then it will
be managed under a Release Abatement Measure ("RAM") set f01th by
the MCP at 310 CMR 40.0440, as determined by a Licensed Site
Professional.
b. If the groundwater removed from the AUL area is not dete1mined to be a
Remediation Waste, then other appropriate options may be used to
manage the water as determined by a Licensed Site Professional.
iv.
Activities that could result in exposure to or the disturbance of soils, bedrock
or groundwater in the AUL area, must be conducted in accordance with the
performance standards for RAMs set forth by the MCP at 310 CMR 40.0440,
the Soil Management Procedures pursuant to 310 CMR 40.0030, the Similar
Soils Provisions Guidance (WSC#-13-500), Constrnction of Buildings in
Contaminate\! Areas (Policy WSC#-00-425) and applicable Health and. Safety
3
procedures outlined in 310 CMR 40.0018, as determined by a Lice.used Site
Professional.
4.
Proposed Changes in Activities and Uses. Any proposed changes in activities and
uses at the Portion of the Property which may result in higher levels of exposure to oil and/or
hazardous material than cunently exist shall be evaluated by a Licensed Site Professional who
shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the
proposed changes are inconsistent with maintaining a condition of No Substantial Hazard. Any
and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied
before any such activity or use is commenced.
5.
Violation of the AUL. The activities, uses and/or exposures upon which this
Notice is based shall not change at any time to cause a significant risk of harm to health, safety,
public welfare, or the environment or to create substantial hazards due to exposure to oil and/or
hazardous material without the prior evaluation by a Licensed Site Professional in accordance
with 310 CMR 40.1080, and without additional response actions, if necessary, to maintain a
condition of No Substantial Hazard.
If the activities, uses, and/or exposures upon which this Notice is based change
without the prior evaluation and additional response actions detennined to be necessary by a
Licensed Site Professional in accordance with 310 CMR 40.1080, the owner or operator of the
Portion of the Property subject to this Notice at the time the activities, uses and/or exposures
change, shall comply with the requirements set forth in 310 CMR 40.0020.
6.
Incorporation Into Deeds. Mortgages, Leases, and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all futrrre deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby
an interest in and/or a right to use the Property or a portion thereof is conveyed in accordance
with 310 CMR40.1074(5).
Owner herby authorizes and consents to the filing and recordation and/or registration of
this Notice, said Notice to become effective when executed under seal by the undersigned
Licensed Site Professional, and recorded and/or registered with the appropriate Registry(ies) of
Deeds and/or Land Registration Office(s).
[Remainder of Page Intentionally Left Blank]
4
WITNESS the execution hereof under seal this
/2
I
.
-=-
/3 tWay o~ 2015.
211~
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Owner
Rosemarie Stanieich, as
Trustee of the Wilmington Realty Trust
COMMONWEALTH OF MASSACHUSETTS
/ll!dl/vJ..L.-)'
,ss
3 ~ay
~"fj' P ,201s
h , /f
On this /
of
_20
before me, the unders%:d notary public, personally
appeared /2.ou1:nt7,£{, _______,_JJ1e/c£ (name of document signer), proved to me tlu·ough
satisfactory evidence of identification, which were A' RzittZ! -s .,dU/J?k. , to be the person
who.se name is signed on the preceding or attached document, and acknowledged to me that she
signed it voluntarily for its stated purpose as trustee for Wilmington Realty Trust.
~_/u:e:;;~a:;/'LJ
Notary Pubiie:7
My Commission Expires:
~
W
ALEXANDRA DANILOV
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
5
.
/.fl·:??- d!J/tl
December 26, 20?9
WITNESS the execution hereof under seal this /iJ+/;?ay of
:s::o
.:f\,{,I j ,2015
I
>,
~\-.- -
Victoria J. Miyara, as'
Trnstee of the Wilmington Realty Trnst
Merrimackss
.C-GMMONWgA-L-RI-GI'MASSAGmJggr:r..s
State of New Hampshire
.
. °"jLl~
TuJJO 2~J5
14 ,2015
undet~igned
t\odd
On th!.s l.4tld\iy of .
before me, the
notary public, personally
appeared V1 C,,30(1 0 J: M L_(L\. (name of document signer), proved to me through
satisfactory evidence of identification, which were
a :bn1e rS j t(\11Q' be the person
whose name is signed on the preceding or attached document, and acknowledged to me that she
signed it voluntarily for its stated purpose as trnstee for Wilmington Realty Trust
~'--lddLOJJM0J
Notary Public:
.
.
My Commission Expires:
6
g..,.~ :;i- J 1
Annette Maria Given, as
Trustee of the Wihnington Realty Trust
COMMONWEALTH OF MASSACHUSETTS
Jlt?;z
/l); flii-'"'--Y
_ _ _ _ ,SS
J:7//..
;--
!.J , 2015
•
On this .td__ day of
/.
20_ii before me, the undersigned notary public,
personally appeared tllwlf.Jc ; 17 ~~ e; f,/ •u1 (name of document signer), proved to me
, to be
through satisfactmy evidence of identification, which were /)l!/tt'../ ., :bth;.:v'
the person whose name is signed on the preceding or attached document, and acknowledged to
me that she signed it voluntarily for its stated purpose as trustee for Wihnington Realty Trust
~/.J?t~/~~
Notary Public:
My Commission Expires:
f_ ~
@
7
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ALt~0A,~~A,P,~~.l~OV
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/;J -.J-fo - ( ")
rUUll'-'
COMMONWEALTH OF MASSACHUSETTS
My Commls.ston Expires
December 26, 2019
t
\•
COl'vfMONWEALTH OF MASSACHUSETTS
On this &__day of ' J ,
, 2015:, before me, the undersigned notary public,
personally appeared J)c.., _;
B-0,_,__,
(name of document signer), proved to me
through satisfactory'evidence of identification, which were cftuvt.I"s _/2.,c.<-,<--~, to be
the person whose name is signed on the preceding or attached document, .and acknowledged to
me that he signed it voluntarily for its stated purpose.
Upon recording, return to:
Ronald Dardeno, Esq.
Law Offices ofFranlcN. Dardeno LLP
424 Broadway
Somerville, MA 02145-2619
and
Beth M. Kramer, Esq.
Associate General Counsel -- Energy,
Environment, Safety & Health
Lockheed Martin Corporation
6801 Rockledge D,rive
Bethesda, MD 20817
8
EXHIBIT A
DESCRIPTION OF PROPERTY SUBJECT TO THE AUL
LEGAL DESCRIPTION
LOT 4 and LOT 6
Two (2} certain parcel• of land located In the Town of Wiimington, County
of MlddlHlll!.• Mu11chure.tta; 511fd two (2) parcel: of l•nd lo-..ated easterly of
Fordham Road, In Wiimington, MashlchuHtts; ind said two (2} parclll1 of land
shown u Lot Q and Lot San "Plan of land In Wllmlngton, ftlas·s." dated February ZB,
1978, Dana F. Perkins g Assoc,. Inc., Clvfl Engineers and Surveyor•, ReadingLowell, M1ssachu$1tts; which plan Is '1lld In Mlddl!1ux North R!lgl•try District
of the Land Court, as Plen No. 36899-B •.
The 1aid two (21 parcels of lanci are bounded and dG$crlbad u follows:
LOT 4 as shown on said plan.
NORTHWESTERLY:
by land now or formerly of Carl Realty. Inc., seven
hundred thirty-one and Q0/100 (731.40) feet;
NORTHEASTERLY:
by Lot e •• shown on hid plun, two hundred seventynva and 02(100 (275. 021 feet;
EASTERLY:
by Lot 3 u shown on said plan, ninety-two and q4/IOO
( 92. 44) feet; and
SOUTHEASTERLY:
by land now or formerly of Cieorge E. Dunn, along the
Town Line dividing Wiimington end North RCladlng,
seven hundred flfty-flve and 87/100 (755.87) feat; and
SOUTHWESTERLY 1
!!y land new or formerly of South M&u. L•nd Developers,
Inc., two hundred thirty and 27/IQQ (230.271 feet.
LOT 6 as shown on. said plan.
NORTHWESTERLY:
by land now or formerly of Carl Realty, Inc., two
hundred ninety-seven and 00/100 (297) feet;
SOUTHEASTERLY:
by Lot $ as shown on said plan, four hundred thirtyfive and 67/100 (q3S.67) feet; end
NORTHEASTERLY:
by Lot 4 as shown on said plan, two hundred seventyfive and 02/100 (275.021 feet.
For title of Try~t~~~ !!f TH!: WIL.\tlNGTON REALTV TRUST to safd Lot 4 and
Lot 6, see Middlesex North Registry District of the Land Court, Certificate of
Title No. 19sq2, recorded In Registration Book 102, Page 83.
A certain parcel ofland with the buildings thereon, located in the Town of Wilmington, County
of Middlesex, Commonwealth of Massachusetts, said parcel shown as Lot 7 upon a plan entitled
"Subdivision Plan of Land in Wilmington, Mass.", dated September 21, 1983, Dana F. Perkins
and Assoc., Inc., Surveyors, and filed with the Engineering Division of the Land Court of
Massachusetts as Plan 31713 C.
'
For Owner's title, see Middlesex Notth County Registry District of the Land Court, Certificate of
Title No. 19837 and Ce1tificate of Title No. 19838.
A'6')1
A certain parcel of land, located In the Town of North Reading, County of MlddlHex,
Cammonwe11th of Masnchu11tt1, ~aid percd shown as Lot 10 upon a plan antltled
"Plan of Land In NORTH REAOINCl a WILMINClTON, MASS,•, dated Soptember 21,
1983, DANA F. PERKINS and Assoc., Inc,, Clvll Engineers and Surveyors, and
nted. with tha Engineering Division of the Land Court of MHsechu1&tts as Plan l 1713C
and Plan 317130 bounded and detcrlbed as· follows:
NORTHERLY
by the Town Lina between North Reading and Wiimington, as
ihi>wn on said l'l•n, nlno hundred seven ond 09/IOD (9D7. D9)
feet;
by land •)'awn on 11ld Plan ao "Town of North Reading",
ninety-eight and 113/IDD (99;01 feet;
SOUTHEASTERLY
by Lot 9, as shown on said Plan, tour hundred twenty-three
and l&/IDD (1123. l&J feet;
·
.
SOUTHWESTERLY
by Lot 9,
11
shown on Hid Plan, one hundred ten and llt/1DD
.
(110.1111 feet;
SOUTHEASTERLY
by Lot 9, 11 shown on said Plan, three hundred ninety and
qg/ I DD ( 390. U) feet 1 and
so·uTHWESTELRY
by Lot 9, as shown on sal.d Plan, two hundred forty-eight
and 3&/10D (2118.36) feet.
Said Lot 1D, all within the town of North Reading, comprises 3, 91 acre• of land, rnore
or re .. ( 170, Q77) •quar<1 feet of land, rnar., or 1..1), as shown on uld Plan.
Said Lot 10 Is a subdivision of certain lots, title to which Is registered In the Land
Registration Office, South Registry District of Mlddluex County, and as follows:
- $ff ot as, ;ut &A9'#fi af\ Pfaft tla. arises l: -cse1 URm~a·or-TJtle tis. 1q21ofJ; and
~of Lot 6, as shown on Plan· No. 31713-B (Certificate of Title No. lij213B) 1 Bk. BYa-IU
-LOT30
That cart1ln parcel of land situate In V/llmlngton, County of Middlesex, Commonwealth of Massechusatts bounded and described as follows:
·
SOUTHWESTERLY
by the Northeasterly line of Fordham Road, two hundred
fifty ( 250) feet;
NORTHWESTERLY
by l•nd now or formerly of Cerl Realty, Inc., six hundred
s<iyenty-two a.nd 35/100 (572,35) fut;
EASTERLY
by land now or formerly of So, Man. Land Developers, Inc.,
two hundred tlfty-nve and 07/100 (255.07) feet; and
SOUTHEASTERLY
by land now or formerly of Carl Realty, Inc., she hundred
twenty-one and 1q1100 (521.7q) fut,
All of siild l:!Oun·darlH are clatilrmlned by the Land Court to be located as shown on
subdlvblon plan 311588-B, drawn by Dana F. Perkin• g Sons, Inc., Surveyors,
dated April 9, 1958, 111 approved by the Court, flied In the und Reglstratlo'n Offlc:e,
a copy gf a portion of which la flied with Certificate of tltlti 15261, and iald lend Is
shown u Lot thirty ( 30) on said plan.
Being the same pramlses evidenced by Certificate of Tith• No. 19839 (Middlesex
~i...
77
North Registry District).
h>.,,.-
.
'
That certain parcel of land situate In Wilmington, In the County of Middlesex
Commonwealth of Massachusetts, bou"nded and described as follows:
WESTERLY
by the Easterly line of Fordham Rd. by several lines
measuring together, eleven hundred eighty-seven and
97/100 (1,187.97) feet;
NORTHEASTERLY
by land now or formerly of Carl Realty, Inc., five
hundred thirty-two and 01/100 (532.0t) feet;
NORTHEASTERLY
again by land now or formerly of Max Siegel et al, two
hundred nln.ety-seven (297) feet;
EASTERLY
by land now or formerly of So, Mass, Land Developers,
Inc., flv!I hundred ninety-nine and 28/ 100 ( 599. 28) feet;
and
SOUTHEASTERLY
by Lot 30, six hundred seventy-two and 36/100 (672.36)
feet.
All of said boundaries are determined by the Land Court to be located as shown on
subdivision plan 34588-E, drawn by Dana F. Perkins and Sons, Inc., Surveyors,
dated January 27, 1969, as approved by the Court, flied In the Land Registration
Office, a copy of a portion of which is flied with Certificate of Title 16620, and said
land Is shown as Lot thirty-three ( 33) on seid plan.
Being the same premises evldenced:by Cer.tlfl~te of Title No. 19840 "(Middlesex
North Registry PlstricO'.
· 13i<..."· tlJ.2 -1'f
THE ABOVE DESCRIPTIONS ARE TAKEN FROM LAND COURT RECORD DOCUMENT NUMBER 172247
NORTH MIDDLESEX COUNTY
A~40
EXHIBIT A-1
LEGAL DESCRIPTION OF PORTION OF PROPERTY SUBJECT TO AUL
AUL BOUNDARY LEGAL DESCRIPTION
Beginning at a stone bound on the easterly sideline of Fordham Road at the northwest
corner of lot ID 91-131 Lot 7 and the southwest corner of!ot ID 91-131 A Lot 30 and the
point of beginning of the AUL Boundary, thence along the easterly sideline of Fordham
Road North 11° 54' 17'' West 285.10 feet past the northwest corner oflotID 91-131 Lot
30 to lot ID 91-13 !A Lot 33, thence over lot ID 91-13 lA Lot 33 North 81° 02' 45"
East 443.90 feet, thence over lot ID 91-13 lA Lot 33, Nmih 16° 31' 27" \Vest 142.97 feet,
thence over lot ID 91-131A Lot 33, North 75° 45' 44" East 108.12 feet, thence over lot
ID 91-13 lA Lot 33, No1ih 01° 02' 35" \Vest 85.99 feet, thence over lotID 91-13 lA Lot
33, and lot ID 99-1Lot4 North 78° 32' 00" East 334.19 feet, thence over lot ID 99-1 Lot
4 South 07° 25' 18" East 335.96 feet, thence over lot ID 99-1Lot4 and lot ID 213-212
Lot 10 and along lot ID 213-2-11 South 12° 48' 00" East 847.35 feet, to the southeast
corner of the AUL Boundary and southeast corner oflot ID 91-131 Lot 7 at land oflot ID
213-2-11 thence along lot ID 213-2-11South72° 23' 59" \Vest 293.36 feet, thence along
lot ID 213-2-11 South 63° 19' 49" \Vest 26.31 feet, thence along lot ID 213-2-11 South
63° 19' 49" West 88.69 feet, thence along lot ID 213-2-11 South 25° 37' 41" East 80.00
feet, thence along lot ID 213-2-11 South 64° 22' 25" West 255.00 feet to the
southwesterly corner of the AUL Boundary and southwesterly corner oflot ID 91-131
Lot 7 at the easterly sideline of Fordham Road, thence along the easterly sideline of
Fordham Road Nmih 48° 17' 49" West 84.60 feet to a point of curvature, thence along
the easterly sideline of Fordham Road having a curve to the right having a Radius of
1081.41 feet and a length of 659.84 feet and a chord bearing ofNmih 29° 23' 07" West
649.65 feet to the point of tangency, thence along the easterly sideline of Fordham Road
North 11° 54' 17" West 200.00 feet to the point of beginning.
Containing 970,499 Square Feet or 22.280 Acres
~mond P. Shea
Massachusetts PLS No. 33192
Holden Engineering & Surveying, Inc.
EXHIBIT A-2
PLAN OF THE PORTION OF THE PROPERTY SPECIFICALLY SUBJECT TO THE
AUL PREPARED BY REGISTERED LAND SURVEYOR
"
H~
.I
1 ~1111
,/
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'
§
EXHIBITB
RELATIONSHIP OF THE PORTION OF THE PROPERTY SUBJECT TO THE AUL
TO THE BOUNDARIES OF THE DISPOSAL SITE (Sketch Plan)
E?L'W.~G
APfR0).1VATE
PROPERTY
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Af>PHOl:·\IATE
fO/..'l
l~<E
"
DA\ffiT
Y>Ul LOCAWI
"!!'ATER SU"?LY
1'£ll LOCHKrl
t.{p;.7
Y>'ATER BCOY
"
>J"PHOnJATE EGG£
Of l\AltR/S!F£All
EOCE Of
PA\OIDIT
fl'.l;C£ U'·'E
.i_;;;,.:E_
,.,.,...,.,,
Af'PfiOX\IATE WO::
Of w:'.11.A""DS
Tli£E 1.1'>£
WORKPLAN
#50 FORDHAM ROAD, WiLMl~GTON, MA
Lockheed Martin
.60312865
20.,S..07.01
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SKETCH PLAN
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EXHIBIT B
EXHIBITC
ACTIVITY AND USE LIMITATION OPINION
EXHIBIT C-ACTIVITY AND USE LIMITATION OPINION
Purpose of the AUL
This Notice of Activity and Use Limitation ("AUL") provides notice to current and future
interest holders of the property commonly known as 50 Fordham Road (including the addresses
of 40 and 50 Fordham Road), Wilmington, Massachusetts (the "Property") of residual
contamination remaining at the Property.
It should be noted that this AUL is being used
voluntarily, in accordance with Section 40.1012(3)(h) of the Massachusetts Contingency Plan
(MCP), 310 CMR 40.0000, and is not required by the MCP, to confirm ce1tain assumptions
regarding future uses at the Property for purposes of Risk Characterization of human health and
ecological risks at the Disposal Site. This AUL describes certain reshictions upon the use of the
Prope1ty to promote the ongoing protection of human health and the environment.
This AUL will serve as a notification, concerning appropriate health and safety measmes to be
taken during any future construction-related or other activities that disturb the subsurface,
including (but not li.llited to) peneti·ation of concrete building slabs, subsurface soil or bedrock
excavations and groundwater dewatering activities. It will also be protective of human health
and the environment by requiring that any contaminated media generated during construction
activities be managed in accordance with Massachusetts Contingency Plan (MCP) Soil
Mamgement procedures as described in 310 CMR 40.0030 and the Massachusetts Depattment
of Environmental Protection (MassDEP) guidance documents, including Construction of
Buildings in Contaminated Areas (Policy WSC#-00-425) and the Similar Soils Provisions
Guidance (WSC#-13-500), as determined by a Licensed Site Professional ("LSP").
Relevant Property History
Contamination of the Stickney Well, a cmrently inactive public supply well for the town ofN01th
Reading, was discovered in the late 1970s. Subsequent investigations of multiple surrounding
properties, including the Property (fonoerly owned and operated by GE Aerospace (sometimes
refened to as "GE" herein)), began in the early 1980s. The Prope1ty has been subject to remedial
investigations and cleanup since 1986, when the MassDEP (then the Department of Environmental
: Quality Engineering or DEQE) issued GE a Notice of Responsibility. In 1987, the MassDEP
1
classified the fo1mer GE facility as a P1iority Disposal Site, 1 and in 1994 the MassDEP assigned
Release Tracking Number (RTN) RTN-3-0518 to the site. 2
The Property has had a history of manufacturing processes that have contributed to releases of
fuels, oils, solvents, and metals to the environment. Analytical data have shown that six primary
types of organic and inorganic compounds are associated with RTN 3-0518.
These include
chlminated volatile organic compounds (CVOCs); total petroleum hydrocarbons (TPH); benzene,
toluene, ethyl benzene and xylenes (BTEX) compounds; methyl tertiary butyl ether (MTBE);
several metals; and light non-aqueous phase liquids (LNAPL) identified as Stoddard fuel (solvent).
Known impacted areas of the Property include fonr separate operating units (OU), as well as the
Tanlc F and Building 1 Areas, and are summarized in the following table and shown on the
attached Figure l. These areas are designated "Restricted Areas."
Restricted Description
Areas
OU-1
OU-2
OU-3
Former Tank Fann
source area and
adjacent Eastern
Parking Lot (EPL).
Tank Farm had 4
underground storage
tanks (USTs) removed
in 1987.
Fonner Tank Fann
source area and do\vngradient plume on- and
. off-property
Storm waterf\Vaste
water Outfalls 001 and
002
Affected
Media
Compounds of Concern
Regulatory
Status
Vadosezone
soilsi and
shallo\v
ground\vater
Stoddard Solvent LNAPL in groundwater
and extractable petroleum hydrocarbons
(EPH)-volatile petroleu1n hydrocarbons
(VPH) in both soils and groundwater;
associated arsenic
Open
Ground\vater
CVOCs and 1,4-dioxane
Open
.
Metals and petroleum hydrocarbons
Sediment
Closed, Partial
Class A-2
Response
Action Outco1ne
(!CAO)
(Submitted
2004)
1
Under 310 CMR 40.0006 (l)(b), the term "Disposal Site" is used to refer to a place or area where an uncontrolled
release of oil and/or hazardous material from or at a site or vessel has come to be located.
2
Martin Marietta acquired GE Aerospace in 1993 and subsequently Martin Marietta and Lockheed merged to form
Lockheed Martin Corporation. ·
·
2
Restricted
Areas
Description
Affected
Media
Compounds of Concern
Regulatory
Status
OU-4
Fonner Tank K source
area and immediately
Vadosezone
soils and
shallo\V
ground\vater
Vadosezone
soils and
ground\vater
Gasoline related petroleum hydroCarbons
Closed, Partial
Class A-2 RAO
(Submitted
2010)
Open
do\vn-gradient of
plume.
Tanlc
F/Building 1
Area
Former Tank F area
and area belo\\'
concrete slab of
(VOCs) from former gasoline UST. UST
\Vas re1noved in 1986.
CVOCs and petroleum hydrocai·bons
Building 1
OU-I Area
The Response Actions taken at the Tanlc Fann/EPL Petroleum Area (OU-I) have included
LNAPL recove1y, removal of Building 3 and the Oil House/drum storage, and excavation and offsite disposal of petroleum contaminated soil.
Since 2011, LNAPL gauging has indicated the
absence of measurable LNAPL in any wells that have been gauged. Soil impacts in the OU-I
appear tO be consistent with cmrent MeP Industrial/Commercial standards; however, the deeper
groundwater and down-gradient plume is impacted with the evoes emanating from the former
Tanlc Fmm OU-2 Area (see below).
OU-2Area
The Response Actions taken at the Tanlc Fam1 evoe Source Area (OU-2) have been extensive
and included:
•
Removal in 1987 offourUnderground Storage Tanlcs ("USTs") at the Tanlc Fatm (Tanlc D,
a 10,000-gal "waste fuel" tatlk that received waste fuel and oil, thinners, and solvents;
Tank G, a I 0,000-gal tank used for storing jet fuel and oil; Tank H, a 1,000- gal tank used
for st01ing JP-4 jet fuel; and Tank I, a 500-gal tank used for storing methanol).
•
Groundwater pump and treat at the Tank Fatm Area between 1993 and 2002. During
operation, approximately 1.9 million gallons of groundwater were treated, and
approximately 31 pounds of voes were removed from the groundwater.
•
Groundwater pump and treat in a bedrock well (TRC-202Rl located down-gradient of the
Tank Farm Area between 2003 and 2008. During operation, approximately 4.3 million
· gallons of groundwater were treated,· and approximately 159 pounds of voes were
3
removed from the groundwater.
Groundwater data trends did not indicate significant
reductions in contaminant concentrations. The system remains shut down at the present
time.
•
Addition of a remedial treatment solution known as Emulsified Zero Valent Iron CEZVI) in
2005 through 2006.
EZVI was injected directly into bedrock fractures and into the
overburden-bedrock interface within the Tank Faim Area. The EZVI treatment was not
considered successful.
•
Analysis of monitored natural attenuation (MNA) geochemical and microbiological
parameters in 2012 for groundwater, indicating conditions supportive of limited enhanced
reductive dechlorination. A review of plume geomehy and other trends indicate that the
off-site CVOC impacts appeai· to be stable or shrinking.
•
Additional groundwater investigation activities from 2012 through 2014 in the Tank Farm,
the EPL and off-site in the adjacent wetland areas. This work is on-going and the data will
be evaluated and presented in a Supplemental Phase II report in the future.
OU-3 and OU-4 Areas
Areas within OU-3 and OU-4 have been remediated and closed under the MCP in 2004 and 2010,
respectively. Response Actions taken at OU-3 included excavation of metal-impacted sediments
and wetland restoration.
Response Actions taken at OU-4 have included UST removal, soil
excavation, and biosparge/soil vapor extraction. Although these areas have been closed under the
MCP, it should be noted that contaminated media were cleaned up to IndushiaVCommercial
staiidards ru1d tl1at lo\V level impacts may remain. That is, the soil, sediments and ground\vater
have not been cleaned up to conditions such that these locations would be suitable for Residential,
Institutional, or park/playground land use without first completing further response actions.
Tank F and Building 1 Areas
Tank F, formerly located on the southwest side of Building I on the fonner GE facility property,
which received acid and caustic wastes plus other degreasing solvent and fuel wastes through floor
drains from Building 1, was removed from the Property in 1990. No obvious impacts were
4
I
I
observed during its removal or from samples obtained from soils and other liquids associated with
the tank prior to its removal. No remedial efforts have been associated with this tank area.
Investigation results suggest CVOC impacts in the southwestern area of Building 1 and/or the
former Tank F area. Shallow groundwater in the overbmden does not exhibit elevated CVOC
concentrations; however, bedrock wells in this area exhibited much higher concentrations of both
PCE and TCE. In June 1987, a small tank was removed adjacent to Tank F and field screening
levels ofVOCs ranging from l 00 to 200 parts per million (ppm) were encountered near the bottom
of the excavation. In addition, sampling of sediment from within the chase troughs in Building 1
exhibited petroleum hydrocarbon and CVOC impacts. Soils within the top foot under the metals
finishing floor sumps indicated low levels of CVOCs.
Sub-slab and indoor air sampling has been conducted within Building 1 between 2009 tluough
2014. Elevated levels of petroleum hydrocarbons and CVOCs have been detected below the
concrete slab of Building 1. Low levels of CVOCs have also been detected in indoor air samples,
however, they have consistently been below MassDEP available MA Commercial/Industrial (C/I)
Threshold Values and do not pose a risk to industrfal/ commercial workers. It is therefore the
opinion of the LSP that industrial and commercial use is a pennissible use under the AUL.
In 2013 and 2014, additional soil and groundwater investigation activities have been perfmmed
underneath Building 1. This work is on-going and the data will be evaluated and presented in a
Supplemental Phase II report in the future.
Nature and Extent of Contamination
The lateral extent of the MCP Disposal Site encompasses a large portion of the Property as shown
on the attached Figure 1. Within this site boundary, residual levels of contaminants are likely
present within soil or groundwater or both. Higher concenh·ations are expected. within the
Operable Units and the Tank F/Building 1 Areas than in areas outside of these designated areas.
However, low level residual contamination above applicable MCP standards may be present in
areas outside of these areas within the Disposal Site boundaty. The AUL boundary has been set
to encompass a large portion of the Prope1ty, including the Reshicted Areas, but exclusive of the
5
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northern wetland areas where future construction-related activities are considered to be highly
unlikely, and exclusive of the areas beneath and between Buildings lA and 2.
Recommendations
It is the opinion of the LSP that the restrictions on Activities and Uses of the Property and the
Obligations and Conditions contained in the AUL are appropriate, based on the foregoing.
6
file: J.•\Rem_[n9\Profecl files\lockheed Mor/inlW!lmif19/on, U4 20!2 /60261214\Proje:cl lmplemenlollon liles\C400IROS_20tJ-04\AUl SiYe Plan 2.dw9 Loyoul: _ACM-0 (3)
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TOPOGRAPHIC AND PLANIMETRIC FEATURES SHOWN WERE COMPILED
PHOTOGRAMMETRICALLY FROM AERIAL PHOTOGRAPHY DATED APRIL 16,
1992 SY EAST COAST MAPPING INC., CONCORD, NEW HAMPSHIRE.
'MAPPING GROUNO CONTROL ESTABLISHED BY FIELD SURVEYS
CONDUCTE,0 IN APRIL 1992,
3. THE GRID SYSTEM DEPICTED ON THIS PLAN IS BASED ON THE
MliSSACHUSETIS STATE PLAN COORDINATE SYSTEM NORTH AMERl:::AN
DATUM OF 1929.
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ACCURACY OF THE SURVEY INFORMATION PRESENTED HEREIN,
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BY AECOM,
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ELEVA110NS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM
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5, PROPERTY AND TOWN LINE BOUNDARIES WERE ADAPTED FROM:
A) "REGIONAL EXPLORATION PLA.N", GENERAL ELECTRIC COMPANY, S:l
FORDHAM ROAD PROPERTY. WILMINGTON/NORTH READING,
MASSACHUSETTS, BY GOLDBERG - ZOINO & ASSOCIATES. INC., DATED
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Reoo1ded: 09/28/2015 11 :50 AM
WILMINGTON REALTY TRUST
TRUSTEES' CERTIFICATE
The undersigned, Rosemarie Stanieich, Victoria J. Maiyara, and Annette Maria Given, as Trustees of
Wilmington Realty Trust under Declaration of Trust dated September 7, 1973, registered in the Middlesex North
Registry District of the Land Court as Document No. 63541 and noted on Certificate of Title No. 19837 and
registered further in the Middlesex South Registry of the Land Court as Document No. 515729 and noted on
Certificate of Title No. 142138 (the "Trust"), hereby certify as follows:
1.
That they are all of the _current Trustees of the T111st;
2.
That the Trust is in full force and effect and has not been revoked, terminated or rescinded in
whole or in part;
3.
That the undersigned Trustees have been duly authorized and specifically directed by all of the
beneficiaries of the Trust to execute, ackno\vledge and deliver that certain Activity and Use Lirnitation \Vith respect
to the property o\vned by the.Trust and having an address of 50 Fordham Road in Wilmington, Massachusetts, and:
4.
No beneficiary of the Trust is a minor, a MassachusettS corporation selling all or substantially of
all its Massachusetts assets, or a personal representative of an estate subject to an estate tax lien, deceased, or under
any other legal incapacity.
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. instrument this
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EXECUTED
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WJMJIGTONREALTYTRUST .
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L-"R.osemarie Stanieich, as Trustee and not individually
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Maria Given, a_s Trustee an
THE COMMONWEALTH OF MASSACHUSETTS
County of Middlesex, ss.
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On this@ day of
'l(A,< , 2015 before me, the undersigned notary public, personally appeared
Rosemarie Stanieich, proved t0 me thr ugh satisfactory evidence of identification, \vhich \Vas vj photographic
identification \Vith signature issued by a federal or state government agency,·[ ] oath or affirmation ofa credible
\Vitness, or [ ] personal knowledge of the undersigned, to be the person \vhose na1ne is signed on the preceding
document as Trustee of\Vilmington Realty Trust as aforesaid and ackno\vledged to me that she signed it voluntarily,
for its stated purpose.
Notaiy Public
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Name: .#leU<.i1v/;.c,_ :lft1dl6 v.
My Commission Expires: /g-pb
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ALEXANDRA DANILOV
Nolaiy Pubiic
COMMONWEAllHOf MASSACHUSETIS
My Commission E>(plres
December 26, 20l9
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Merrimack
County ofMiddle•ex, ss.
On this Jylfiday of .:Jj \ \~ , 2015 before me, the undersigned notary public, personally appeared
Victoria J. Maiyara proved to methro h satisfactory evidence of identification, which was [X] photographic
identification \Vith signature issued by a federal or state government agency, [ ] oath or affrrmation of a credible
witness, or [ ] personal knowledge of the undersigned, to be the person \Vhose name is signed on the preceding
document as Trustee of\Vilmington Realty Trust as aforesaid and acknowledged to me that she signed it voluntarily,
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for its stated purpose.
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THE COMMONWEALTH OF MASSACHUSETTS
County of Middlesex, ss.
On thisLJ/t.._day of ();kft/, 2015 before me, the undersigned notary public, personally appeared
Annette Maria Given proved t&'me thrq6gh satisfactory evidence of identification, \Vhich was I>f'Photographic
identification \Vi th signature issued by a federal or state govermnent agency, [ ] oath or affirmation of a credible
\Vitness, or [ ] personal kno\vledge of the undersigned, to be the person \Vhose name is signed on the preceding
document as Trustee of\Vilmington Realty Trust as aforesaid and ackno,vledged to me that she signed it voluntarily,
for its stated purpose.
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ALEXANDRA DANILOV
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
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HERMES
NETBURN
Hermes, Netburn, O'Connor & Spearing, PC.
265 Franklin Street, 7th Floor
Tel 617.728.0050
Boston, Massachusetts 0211 0-311 3
Fox 617.728 0052
Stephen Ryan, Jr.
sry an@herm esnetburn _co 111
Direct Dial: (617) 210-7719
July 22, 2015
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
James M. Flynn
Senior Vice President
Century Bank
400 Mystic Avenue
Medford, MA 02155
Re:
50 Fordham Road, Wilmington, Massachusetts (the "Property")
Release Tracking Number: 3-0000518
Dear Mr. Flynn:
A review of the records on file with the Land Court Section of the Registry of Deeds
indicates that your company possesses a record interest in the above-referenced Property in the
form of a mortgage and other ancillary documents. Pursuant to 310 CMR 40.0000, please be
advised that the owner of the Property, Wilmington Realty Trust (the "Trust"), intends to file a
Notice of Activity and Use Limitation ("AUL") concerning said Property. A copy of the
proposed Notice of AUL, in substantially the form in which it will be filed, is enclosed herewith.
The Trust will file this Notice of AUL after thirty (30) days have elapsed from the date ohhis
letter.
If you have any questions in connection with the foregoing, please do not hesitate to
contact the undersigned at (617) 210-7719, or Ronald Dardeno, counsel to the Trust, at (617)
666-2600.
SR/avb
Enclosures
cc:
Ronald Dardeno, Esq. (via email)
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DYes -
7011 1570 DODD 7113 6710
Domestic Return Receipt
1 0259~-02•M-1540
HERMES
NETBURN
265 Franklin Street, 7th Floor
Boston, Massachusetts 0211 0-3113
Tel 617 728.0050
Fax: 617.728.0052
Stephen Ryan, Jr.
[email protected]
DirectDial: (617)210-7719
August 24, 2015
CERTIFIED MAlL/RETURN RECEIPT REQUESTED
Eagle Bank
466 Broadway
Everett, MA 02149
Re:
50 Fordham Road, Wilmington. Massachusetts (the "Property")
Release Tracking Number: 3~0000518
Dear Sir/Madam:
A review oflhe records on file with the Land Court Section of the Registry of Deeds
indicates that your company possesses a record interest in the above-referenced Property in the
form of a mortgage and other ancillary documents. Pursuant to 310 CMR 40.0000, please be
advised that the owner of the Property, Wilmington Realty Trust (the "Trust"), intends to file a
Notice of Activity and Use Limitation ("AUL") concerning said Property. A copy of the
proposed Notice of AUL, in substantially the form in which it will be filed, is enclosed herewith.
The Trust will file this Notice of AUL after thirty (30) days have elapsed from the date of this
letter.
If you have any questions in connection with the foregoing, please do not hesitate to
contact the undersigned at (617) 210-7719, or Ronald Dardeno, counsel to the Trust, at (617)
666-2600.
SR/avb
Enclosure
cc:
Ronald Darcleno, Esq. (via eiriail)
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HERMES
NETBURN
Herrr,es; Netburn, O'Connor & Spearing, PC.
265 Franklin Sireet, 7th Floor
Tel: 617.728.0050
Boston, Massachusetts 02110-31 l 3
Fax 617.728.0052
Stephen Ryan, Jr.
sry an@herm esn et b LI m. co n1
DirectDial: (617)210-7719
July 22, 2015
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Reading Municipal Light Department
23 0 Ash Street
Reading, MA 01867
Re:
50 Fordham Road, Wilmington, Massachusetts (the "Property")
Release Tracking Number: 3-0000518
Dear Sir/Madam:
A review of the records on file with the Land Court Section of the Registry of Deeds
indicates that your company may possess a record interest in the above-referenced Property in
the form of a utility easement Pmsuant to 310 CMR 40.0000, please be advised that the owner
of the Property, Wilmington Realty Trust (the "Trust"), intends to file a Notice of Activity and
Use Limitation ("AUL") concerning said Property. A copy of the proposed Notice of AUL, in
substantially the form in which it will be filed, is enclosed herewith. The Trust will file this
Notice of AUL after thirty (30) days have elapsed from the date of this letter.
If you have any questions in connection with the foregoing, please do not hesitate to
contact the undersigned at (617) 210-7719, or Ronald Dardeno, counsel to the Trust, at (617)
666-2600.
Steph
SR/avb
Enclosures
cc:
Ronald Dardeno, Esq. (via email)
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7011 1570 DODD 7113 5904
Domestic Return Receipt
102595-02-M-1540
- ------------
HERMES
NETBURN
Hermes, Netburn, O'Connor & Spearing, PC.
265 Franklin Street, 7th Floor
Tel: 617.728.0050
Boston. Massachusetts 0211 0-3113
Fax 617728.0052
Stephen Ryan, Jr.
[email protected]
Direct Dial: (617)210-7719
July 22, 2015
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Verizon New England, Inc., f/k/a,
New England Telephone
Department of In-House Counsel
125 High Street, 7'h Floor
Boston, MA 02110
Re:
50 Fordham Road, Wilmington, Massachusetts (the "Property")
Release Tracking Number: 3-0000518
Dear Sir/Madam:
A review of the records on file with the Land Court Section of the Registry of Deeds
indicates that your company may possess a record interest in the above-referenced Property in
the form of a utility easement Pursuant to 310 CMR 40.0000, please be advised that the owner
of the Property, Wilmington Realty Trust (the "Trust"), intends to file a Notice of Activity and
Use Limitation ("AUL") concerning said Property. A copy of the proposed Notice of AUL, in
substantially the form in which it will be filed, is enclosed herewith. The Trust will file this
Notice of AUL after thirty (30) days have elapsed from the date ofthis letter.
If you have any questions in connection with the foregoing, please do not hesitate to
contact the undersigned at (617) 210-7719, or Ronald Dardeno, counsel to the Trust, at (617)
666-2600.
SR/avb
Enclosures
cc:
Ronald Dardeno, Esq. (via email)
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