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TR-2012-2
A RESOLUTION PLACING RESTRICTIONS ON A PORTION OF THE SCHOOL
STREET PARK PROPERTY
(SPONSORED BY COUNCILOR ROBERT MAGOVERN)
WHEREAS, the Town of Agawam owns certain real property with improvements
thereon known as the "School Street Park" as described in a deed dated February 11,
2002, to Town of Agawam, recorded with Hampden County Registry of Deeds in Book
12193, Page 85: and
WHEREAS, the Agawam Sportsman's Club owns certain real property with
improvements thereon known as the "Agawam Sportsman's Club"-358 Corey Street as
described in a deed dated June 8, 1946, to Agawam Sportsman's Club, recorded with
Hampden County Registry of Deeds in Book 1827, Page 464� and
WHEREAS, both of the parcels share a common boundary line; and
WHEREAS, the parcels contain residual hazards associated with contaminates
and volatile organic compounds,� and
WHEREAS, the Massachusetts Department of Environmental Protection
addresses contamination that crosses boundary lines of parcels as one site for
purposes of managing the clean up; and
WHEREAS, an MCP Method 3 Risk Assessment was conducted upon the site
and based upon the recent and historical soil sampling at the site the site does not pose
a human hazard if no consumable fruits and vegetables are grown on the site� and
WHEREAS, Mr. Thomas Duffield, the Licensed Site Professional, of Duffield
Engineering and Consulting has stated that a restriction should be placed upon the site
restricting the growing of fruits or vegetables and excavation into the ground within the
boundaries of the s�te,, and
WHEREAS, the restrictions constitutes an interest in and affects title to real
estate owned by the Town of Agawam� and
WHEREAS, it is in the best interest of the Town of Agawam to place restrictions
on the property jointly with the owners of the Sportsman's Club; and
NOW THEREFORE, the Agawam City Council hereby resolves to place t�e
following restrictions upon the site "growing vegetables or fruit and excavation into the
ground shall not be allowed without addressing the health hazards associated with
residual contaminates and volatile organic compounds," And furthermore. to authorize
RESTRICTION AGREEMENT
Between the TOWN OF AGAWAM and the Agawam Sportsman' s Club
The parties to this Agreement are the Town of Agawam, located at the 36
Main Street, Agawam, MA, and the Agawam Sportsman' s Club, located at 358
Corey Street, Agawam, MA, and hereinafter referred to as the Grantors.
WHEREAS, the Grantors are the owner in fee simple of certain real
property with improvements thereon known as the School Street Park as
described in a deed dated February 11, 2002, to Town of Agawam, recorded
with Hampden County Registry of Deeds in Book 12193, Page 85 and certain
real property with improvements thereon known as the "Agawam Sportsman' s
Club" 358 Corey Street as described An a deed dated June 8, 1946, to
Agawam Sportsman' s Club, recorded with Hampden County Registry of Deeds
in Book 1827, Page 464; and
WHEREAS, the Grantors wishes to impose certain restrictions, obligations
and duties upon it as the owner of the Premises and on the successors to
its right, title and interest therein, with respect to the growing of
fruits and vegetables as well as excavation; and
WHEREAS, the Premises may contain residual hazards associated with
contaminates and volatile organic compounds; and
WHEREAS, the description of the restricted area is as follows:
Beginning at a point on the northwest corner of land now or formerly
owned by the Town of Agawam on the edge of the southern Right of way for
Corey Street running S09031115"W for a distance of four hundred eighteen
and 36/100 (418 - 36) feet, thence S83052' 15"E for a distance of one
hundred fifty-one and 75/100 (151, 75) feet, thence M06044145" for a
distance of four hundred sixty-seven and 84/100 (467 . 84) feet, thence in
a southwesterly direction along the southern Right of Way of Corey Stzeet
to the starting point.
WHERAS, the description of the restricted area is located on both the
Town parcel and Sportsman' s parcel as show on exhibit "A" attached
hereto; and
NOW THEREFORE, for good and valuable consideration the grantors hereby
state that this area shall be restricted from growing vegetables or fruit
and excavation into the ground shall not be allowed without addressing
Page 1 of 4
the health hazards associated with residual contaminates and volatile
organic compound.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2012 .
Agawam Sportsman' s Club
By:
Name;
Title:
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss, 2012
on this day of 2012, before me, -the undersigned
notary public, personally appeared I
proved to me through satisfactory evidence of identification, which was
I to be the person whose name
is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes.
Notary Public
My Commission Expires
IN WITNESS WHEREOF, the Agawam City Council has accepted the
Restriction Agreement conveyed hereby and Mayor Richard A. Cohen, Mayor
of Agawam, has signed and acknowledged this instrument on behalf of the
Town of Agawam and shall cause it to be recorded with the Hampden County
Registry of Deeds on behalf of the City of Agawam, Massachusetts, on this
-day of 2012 .
By:
Richard A. Cohen
mayor
COMMONWEALTH OF MASSACHUESTTS
HAMPDEN, ss
On this days of 2012, before
me the undersigned notary public, personally appeared mayor Richard A.
Cohen to me through satisfactory evidence of identification, which were
Page 2 of 4
the 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.
Notary Public
My Commission Expires:
Exhibit "A"
Page 3 of 4
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Page 4 of 4
Hello Mr. Robert Magovern,
As a follow-up to your recent conversations between yourself and MassDEP representatives, the
Department has reviewed all available site information including submitted infortnation by the
potential owner/developer's Licensed Site Professional (LSP), Thomas Duffield of S.W. Cole
Engineering, Inc.
As you are aware, this former shooting range contained extensive amounts of lead and arsenic
contaminated soil. This property sat idle with contamination for many years due to the elevated
cost of assessment and cleanup. In August of 2008, the Department requested the U.S.
Environmental Protection Agency (EPA) to perform an assessment and cleanup of the site.
Based upon the associated health risks of the site, including very high levels of arsenic at 1,100
parts per million (ppm) and lead levels up to 120,000 ppm, the EPA performed a Removal
Action. Their extensive cleanup included the excavation and disposal of 2,367 tons of soil. All
post excavation soil sampling results were in the close proximity to the MassDEP's standards for
soil in residential areas. Due to these significantly lower levels, it is the LSP's opinion that the
site can be brought to closure.
In addition, MassDEP would like to clarify that we are not requiring the proposed deed
restriction to prohibit gardening. This is a decision made by the potential developer on how to
best reach closure of the site, without conducting further soil removal. The parties do not need
the Department's approval to initiate this deed restriction, but it does require the approval of the
current owner if it is to be implemented before the property is sold. Placement of the deed
restriction does not prohibit closing out the site or sale of the property. Implementation of the
deed restriction can be done prior to, or after the sale of the property. This deed restriction is for
a small area of soil and should not impede redevelopment outside this area. The LSP determined
that the deed restriction is necessary due to minimal amounts of contamination left behind, and
the deed restriction is intended to be protective to prevent exposures from gardening without
removal of additional soil.
If you have questions feel free to call, thank you.
Ben Fisit
Brownfields Coordinator/Tier I Permit Administrator
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Bureau of Waste Site Cleanup
Site Management/Permits
Department of Environmental Protection
436 Dwigbt Street, 5th Floor
Springfield, MA 01103
office: 413-755-2285
fax: 413-784-1149
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Interoffice Memorandum
To: Agawam City Council
CC: Barbara Bard, City Council Administrative Assistant
From: Richard A. Cohen, Mayor
Date., 1/26/12
Subject* Agawam Sportsman Club
I have received questions from several councilors in regards to TR-2012-2, therefore, I
have enclosed a letter for your review and to inform you of the Administration's position
on this matter.
Thank you,
Richard A. Cohen
Mayor
FROM THE DESK 0F.-
RmEa:A BuoREAu
ADMINISTRATIVE AssiSTANT
TOWN OF AGAwAm
36 MAIN ST
AGAWAM,MA 01001
rbudreau@agawamna.us
413-786-0400 X 201
Pax�413-786-9927
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
January 25, 2012
Agawam City Council
Christopher C. Johnson, President
Dennis Perry,Vice President
George Bitzas, Councilor
Cecilia Calabrese, Councilor
Paul C. Cavallo, Councilor
James P. Cichetti, Councilor
Gina Leiellier, Councilor
Robert A. Magovem, Councilor
Joseph Minco, Councilor
Donald M. Rheault, Councilor
Robert E. Rossi, Councilor
Dear Councilors-.
J am asking for your support of TR-2012-2 which you will be voting on at your
Febraary 6, 2012 meeting. By passing this Resolution, the former Agawam Sportsman's
Club will be one step closer to redevelopment and this once contaminated property will
be restored to a useful, tax generating status.
During recent sampling of the Sportsman's Club property and abutting property
owned by the Town of Agawam, trace amounts of lead and arsenic were found to still be
present despite a comprehensive cleanup initiated by the EPA, These contaminants only
present a public threat if vegetation is grown and consumed. The Town has no intention
to ever grow food on this particular site since it is a wetland. The use for this purpose
would be a violation of the Massachusetts Wetlands Protection Act, Also, preliminary
plans for the rinal phase of the School Street Park leave this area undisturbed and
separated from public recreational activities by a detention basin.
An agreement by and between the EPA and Justice Department allows the Town
to collect on a percentage of back taxes owed and provides for the proper discharge of the
$817,000 lien as a result of remediation to this site, We have also obtained property tax
abatement authorization from the DOR on this property. The DEP views these parcels as
one contiguous "site" even though there are separate owners and boundary lines.
By placing the proposed deed restriction on the property, the property owner will
be able to fulfill the requirements necessary to allow for the use of the Sportsman's Club
property once again. The Council voted on December 19, 2005 to rezone the
Sportsman's Club property to Residence A-3 allowing for the construction of
condominituns or apartments after approval of the Planning Board and Conservation
Comi-nission. I feel that it is in the best interest of the Town and its residents to return
this property to the tax rolls and allow for its development.
Sincerely,
Richard A. Cohen
Mayor
TR-2012-2
A RESOLUTION PLACING RESTRICTIONS ON A PORTION OF THE SCHOOL
STREET PARK PROPERTY
(SPONSORED BY COUNCILOR ROBERT MAGOVERN)
WHEREAS, the Town of Agawam owns certain real property with improvements
thereon known as the "School Street Park" as described in a deed dated February 11,
2002, to Town of Agawam, recorded with Hampden County Registry of Deeds in Book
12193, Page 85; and
WHEREAS, the Agawam Sportsman's Club owns certain real property with
improvements thereon known as the "Agawam Sportsman's Club" 358 Corey Street as
described in a deed dated June 8, 1946, to Agawam Sportsman's Club, recorded with
Hampden County Registry of Deeds in Book 1827, Page 464; and
WHEREAS, both of the parcels share a common boundary line; and
WHEREAS, the parcels contain residual hazards associated with contaminates
and volatile organic compounds; and
WHEREAS, the Massachusetts Department of Environmental Protection
addresses contamination that crosses boundary lines of parcels as one site for
purposes of managing the clean up-, and
WHEREAS, an MCP Method 3 Risk Assessment was conducted upon the site
and based upon the recent and historical soil sampling at the site the site does not pose
a human hazard if no consumable fruits and vegetables are grown on the site; and
WHEREAS, Mr, Thomas Duffield, the Licensed Site Professional, of Duffield
Engineering and Consulting has stated that a restriction should be placed upon the site
restrictiing the growing of fruits or vegetables and excavation into.the ground within the
boundaries of the site; and
WHEREAS, the restrictions constitutes an interest in and affects title to real
estate owned by the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to place restrictions
on the property jointly with the owners of the Sportsman's Club� and
NOW THEREFORE, the Agawam City Council hereby resolves to place the
following restrictions upon the site "growing vegetables or fruit and excavation into the
ground shall not be allowed without addressing the health hazards associated with
residual contaminates and volatile organic compounds," And furthermore, to authorize
the Mayor to execute any and all documents necessary to effectuate the placing of the
restriction on the site.
DATED THIS DAY OF 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVErS TO FORM AND LEGALITY
Vinc 0"bioscla, Solicitor
RESTRICTION AGREEMENT
Between the TOWN OF AGAWAM and the Agawam Sportsman' s Club
The parties to this Agreement are the Town of Agawam, located at the 36
Main Street, Agawam, MA, and the Agawam Sportsman' s Club, located at 358
Corey Street, Agawam, KA, and hereinafter referred to as the Grantors.
WHEREAS, the Grantors are the owner in fee simple of certain real
property with improvements thereon known as the School Street Park as
described in a deed dated February 11, 2002, to Town of Agawam, recorded
with Hampden County Registry of Deeds in Book 12193, Page 85 and certain
real propertV with improvements thereon known as the "Agawam Sportsman' s
Club" 358 Corey Street as described in a deed dated June 8, 1946, to
Agawam Sportsman' s Club, recorded with Hampden County Registry of Deeds
in Book 1827, Page 464; and
WHEREAS, the Grantors wishes to impose certain restrictions, obligations
and duties upon it as the owner of the Premises and on the successor$ to
its right, title and interest therein, with respect to the growing of
fruits and vegetables as well as excavation; and
WHEREAS, the Premises may contain residual hazards associated with
contaminates and volatile organic compounds; and
WHEREAS, the description of the restricted area is as follows:
Beginning at a point on the northwest corner of land now or formerly
owned by the Town of Agawam on the edge of "the southern Right of Way for
Corey Street running S09031115"W fo� a distance of four hundred eighteen
and 36/100 (418. 36) feet, thence S83c'52' 15"F- for a distance of one
hundred fifty-one and 75/100 (151.75) feet, thence N06044145" for a
distance of four hundred sixty-seven and 84/100 (467-84) feet, thence in
a southwesterly direction along the southern Right of Way of Corey Street
to the starting point.
WHERAS, the description of the restricted area is located on both the
Town parcel and Sportsman' s parcel as show on exhibit "A" attached
hereto; and
NOW THEREFORE, for good and valuable consideration the grantors hereby
state that this area shall be restricted from growing vegetables or fruit
and excavation into the ground shall not be allowed without addressing
Page 1 of 4
the health hazards associated with residual contaminates and volatile
organic compound.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
F 2012.
Agawam Sportsman's Club
By:
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss, 2012
On this day of 2012, before me, the undersigned
notary public, personally appeared I
proved to me through satisfactory evidence of identification, which was
, to be the person whose name
is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its sLated purposes.
Notary Public
My Co:mission Expires
IN WITNESS WHEREOF, the Agawam City Council has accepted the
Rest.riction Agreement conveyed hereby and Havor Richard A, Cohen,. Mayor
of Agawam, has signed and acknowledged this instrument on behalf of the
Town of Agawam and shall cause it to be recorded with the Hainpden County
Registry of Deeds on behalf of the City of Agawam, Massachusetts, on this
day of 2012 .
By.
Richard A. Cohen
Mayor
COMMONWEALTH OF MASSACHUESTTS
Hk-IPDEN, ss
On this days OIL: 2012, before
me the undersigned notary public, personally appeared Mayor Richard A�
Cohen to me through satisfactory evidence of identification, which were
Page 2 of 4
the 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.
Notary Public
my Commission Expires:
Exhibi t "A"
Page 3 of 4
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barbara bard
From: Mayor Richard Cohen
Sent: Friday, January 27, 2012 11:17 AM
To: barbara bard
Subject: FW: scan
Attachments: SKMBTC36012012712130,pdf
SKMB-F!_C36012012
712130,pdf(2 M.-
Please forward to all members of the City Council. Thanks
-----Original Message-----
From: rbudreau@agawam.ma.us [mailto:rbudreau@aqawam.ma.us]
Sent; Friday, January 27, 2012 6:13 AM
To: Mayor Richard Cohen
'Subject: scan
please see attached scan
A
lown --of Agawam
Interoffice Memorandum
To: Christopher C. Johnson, Council President
CC: All City Council Members
From: Richard A, Cohen, Mayor
Date: 02101/2012
Subject: Agawam Sportsman's Club (TR2012-2)
Per your request,attached please find the following:
1, The Release Abatement Measure,Plan for the Former Agawam Sportsman's Club as
prepared by Duffield Engineering which includes the soil sample results for the property;
2. The signed agreement between the Justice Department and the EPA which the Town is a
party to;
3. A real estate tax statement giving the current amount of taxes owed on the property;
4� The I ast extension notice from DOR dated March 11,2011. (the Town is currently in the
process of renewing another extension and the Town foresees no problem's in the approval
process of the extension);
5, The property card for said property;
6. A copy of your Memo dated:January 31, 2012t-
7. A copy of Mayor Cohens Memo dated:January 26,2012;
Please feel free to contact my office should you have any questions.
Thank you,
C4 1
W
Richard A. Cohen
Mayor
RELEASE ABATEMENT
MEASURE PLAN
FOR THE FORMER
AGAWAM SPORTSMAN CLUB
350 COREY STREET
AGAWAM, MA
RTN # 1-001613
NOVEMBER 17,, 2011
REPORT PREPARED FOR:
RUSSO CONSTRUCTION, INC.
204 SUFFIELD STREET
AGAWAM, MA 01001
BY: DUFFIELD ENGINEERING
664 WEST STREET
KEENE, NH 03431
EXECUTIVE SUMMARY:
The former Agawam Sportsman Club (ASC) was assessed as an Imminent Hazard due to
elevated levels of lead and arsenic in the soil from the former use as an indoor/outdoor shooting
range. The five acre property contains a 0.75 acre pond, that attracted area children for fishing
and skating, In order to address this hazard, a Health Assessment was conducted in April 2009
by the U,S. Department of Health and Human Services. The report evaluated remedial action
alternatives and recommended the removal of surface soil with arsenic and lead contamination
above the Massachusetts Contingency Plan (MCP) soil standard to remove the exposure
pathway.
The U.S, EPA under the Brownfields Program conducted abatement measures in 2009 and
concluded the activities with a Removal Action After Action Report dated February 201 O� The
soil removal was followed by sampling and placement of clean soil to restore ground contours
back to original grades.
The subject property(ASC) was abandoned in 1994 and is located in the Residence A-3 zone in
Agawam. Concerns on the health hazards to exposed children initiated assessment activities in
2006. A Phase One Environmental Site Assessment was completed in 2007 and Tier
Classification conducted and submitted to MA-DEP. The Tier score was 406 and Tier I C
assigned to the property. Release Tracking Number# 1-00 16131 was assigned to the ASC.
A local businessman (Russo Construction) developed interest in developing the reniediation
property and met with MA-DEP staff on August H, 2011. A sampling plan was prepared by
Duffield Engineering&Consulting (DEC)and submitted for-review and approval, The
sampling was conducted and a summary letter report was prepared and submitted to MA-DEP on
September 29, 2011. A preliminary Risk Assessment was conducted using the MCP Method 3
process and included in the sample report. The preliminary Risk Assessment concluded that no
risk exists at the subject property provided that vegetables and fruits are not grown and eaten
firom the impacted area. The impacted area includes the ASC property and 1.5 acres on the
abutting town property to the east, The proposed condominium development will implement by-
laws that prohibit the use for consumable vegetable/fruit growth and a deed restriction' is
implemented on this impacted area on the Town property. A formal Risk Assessment is included
as an Appendix item to this report and is a Method Three Risk Assessment.
The standard MCP practice of submittal of Phase 11, 111, and IV reports was conducted through
the EPA Brownfields Program and creates an adequately regulated condition for the subject
property. Based upon this occurrence the site was Tier re-classified by DEC and a score of 336
was achieved and drops the property to a T ier III classification, The back-up material for re-
classification is included as an Appendix item. In addition to the Tier re-classification and
Method 3 Risk Assessment, a Release Action Outcome (RAO) is being prepared to close the
property out of the MCP Program, In order to provide back-up to this action within the MCP,
the developer is requesting a Deed Restriction on the impacted area of the abuttin,g Town
property. This is now being prepared to Town Council approval and recording,
Preliminary by-laws are being prepared to provide the property control to remove the risk Of
growth and consumption on the former ASC property. The following text provides a narrative of
actions conducted at the property.
1.0 BACKGROUND INTRODUCTION
The previous submitted report, entitled Removal Program After Action Reportfor the Agawam
Sportsman Club Site, Agawam, Hampden County, Massachusetts, 6 July 2009 through 14
October 2009, is a chronological summary of the response actions taken by Lbe U.S.
Environmental Protection Agency(EPA), Region 1, Emergency Planning and Response Branch
(EPRB). The report details the situation as it developed, actions taken, and resources committed.
Site activities included establishing the exclusion zone (EZ), contamination reduction zone
(CRZ), and clean zone (CZ); relocating or removing non-hazardous debris to access work and
equipment staging areas; conducting on-site metals screening of soils; establishing a grid system
and collecting surface soil samples; excavating contaminated soils; maintaining erosion control
devices;procuring laboratory services for perimeter air sample analysis; collecting perimeter air
samples for lead analysis; delivering confirmation laboratory soil samples to an EPA-approved
laboratory;documenting and photo-documenting site conditions-,performing site restoration; and
demobilizing personnel and equipment.
2.0 SITE CONDITIONS AND BACKGROUND
2.1 Site Locztion and Description
The Agawam Sportsman Club site (the site) is located at 358 Coey Street in Agawam, Hampden
County,Massachusetts (MA)(see Appendix A, Figure I ) [I]. The geographic coordinates of the
site, as measured from its approximate center, are 42 degrees 04' 37" north latitude and 72
degrees 35' 51"west longitude, The site is bordered to the north by Corey Street; to the east by
undeveloped woodlands; and to the south and west by residential properties and Janelle Drive
(see Appendix A, Figure 2). According to the City of Agawam, MA Tax Assessor, the 5.52 acre
site is currently owned by the Agawam Sportman's Club, Inc. The site is the former location of
the Agawam Sportsman's Club, a private recreational facility, which operated until
approximately 1999. The site has been abandoned since that time. Features of the site include a
5,000-square-foot clubhouse building,apond, and an outdoor shooting range. It is believed that
historical shooting range activities were the cause of the soil contamination documented during
the site investigation. The gun rack for the outdoor range was located approximately 100 feet
east of the building. Based on this layout, it appears that guns would have been fired toward the
vacant Town of Agawam property to the cast. The obsey-ved extent of contamination was
consistent with this conceptual model.
The site is not fenced and is readily accessible to the public. The building appears to be in poor
condition, and shows signs of unauthorized entry including graffiti, open doors, and broken
windows. During site investigation, EPA noted other evidence of unauthorized entry to the
property such as fishing equipment, hockey gear, litter, and beverage containers.
2.2 Site History/Previous Actions
Du,ring March and April 2006, the attorney and a contractor for the City of Agawam, MIA
respectively, reported to the Massachusetts Department of Environmental Protection (MassDEP)
that the presence of elevated concentrations of arsenic and lead had been detected in surface soil
samples collected from the site. The maximum concentrations of arsenic and lead detected in
surface soil samples were 449 parts per million (ppm) and 25, 200 ppm, respectively, which
exceeded the state residential soil standards of 20 ppm for arsenic and 300 ppm for lead, These
samples were collected as part of a Phase I Initial Site Investigation and Tier Classification,
conducted by Environmental Compliance Services, Inc. (ECS). This environmental
investigation was funded by a Brownfields Assessment Grant from Massachusetts Development
Finance Agency(MassDevelpment) for potential-residential development. Soil samples were
collected from over 50 locations in a field grid formation from depths ranging from 0 to 24
inches. In addition, at approximately five of the locations, samples were collected for the grid
sample locations; therefore, the grid could not be re-created to support EPA investigation
activities. Sediment, groundwater, and surface water samples were collected as part of the
investigation as well, to help define the extent of impact expected from lead bullets and shotgun
casings used when the site was active[2].
On 29 October 2008, EPA and START collected 19 surface soil samples(SS-0 I through SS-19),
including one field duplicate, as part of a preliminary assessmentisite investigation (PAJSI). All
19 surface soil samples were delivered to the EPA Office of Environmental Measurement and
Evaluation (OEME) Laboratory, located in Chelmsford, MA for total metals analysis.
Analytical results of the surface soil samples indicated elevated concentrations of Antimony
(Sb), Arsenic (As), and Lead(Pb). Antimony was detected in 14 of the 19 samples at
concentrations ranging from 1.2 milligrams per kilogram (mg/Kg) to 3,900 mg/Kg. Arsenic was
detected in 11 of the 19 samples at concentrations ranging from 2.5 mg/Kg to 1,IGO mg/Kg.
Lead was detected in all 19 samples at concentrations ranging from 17 mg/Kg to 120,000 tngjK
[3]. From the March-April 2006 data and October 2008 data, EPA created a lead isopleth of the
area to delineate the extent of soil contamination and to define those areas where soil excavation
activities would be conducted(see Appendix A, Figure 3 ).
3.0 SUMMARY OF FEDERAL AND STATE RESPONSE ACTIONS
3.1 PURPOSE AND STATEMENT OF ISSUES
This public health consultation was prepared by the Massachusetts Department of Public Health
(MDPH), Bureau of Environmental Health(BEH),and the Environmental Toxicology Program
(ETP) for a site known as the Agawam Sportsman"s Club in Agawam, Massachusetts. The
consultati on was requested by the U.S, Environmental Protection Agency(U.S. EPA)New
England and conducted under MDPH's cooperative agreement with the U.S.Agency for Toxic
Substances and Disease Registry(ATSDR). U.S. EPA asked MDPH to review environmental
data that they collected in October 2008, and completely reported to MDPH in late February
2009, to determine whether levels of constituents,primarily]cad and arsenic, in surface soils
represent a health concern to individuals who may access the site.
3.1 PURPOSE AND STATEMENT OF ISSUES - continued
The MDPH evaluated surface soil sampling results for the site, as well as available data on blood
lead levels (BLLs) In children who live or have lived near the site. The review of available BLL
data was done to better assess whether exposure opportunities to lead in soil at the site may have
resulted in elevated BLLs among children living near the site.
3.2 SITE DESCRIPTION AND SOIL SAMPLING
Physical Site Descrip Lion
The site, located at 358 Corey Street in Agawam, MA, is a 5.5 acre property, and is forinerly the
site of the Agawam Sportsman's Club (ASQ, which includes a 5,000 square-foot single-story
building used previously as an indoor shoing range. The property has been vacant for
approximately 5-10 years (personal communication with Randall White, RS, Director, Agawam
Health Department). The site also contains a former outdoor shooting range, The gun rack for
the outdoor shooting range was situated about 100 feet east of the site building. From the rack,
shooters could fire at targes to the northeast and southeast, approximately 200-300 feet away. In
addition, abutting the site to the east,there is undeveloped and wooded property owned by the
To" of Agawam. The town property is separated from the ASC property on the eastern border
by a stream(unnamed) that flows to the south. The site is bordered to the north by Corey Street,
which runs,parallel to Route 57,and'to the south, west, and further east, beyond the Town of
Agawam property, by residential properties.
Site Visit and Previous Descriptio
On January 15, 2009, a representative from MDPH met with the U.S. EPA,U.S. ATSDR, and
Massachusetts Department of Environmental Protection (MDEP)representatives to tour the site.
There were about 8 inches of snow cover on the site during this visit,and vehicle tire tricks, deer
tracks, and footprints were visible in the snow. In front of the property facing the Corey Street
side, there is a'No Trespassing"sign posted right next to a sign announcing the Agawam
Sportsman's Club. A short cable, about a foot high, lined this side of the property facing the
street, continuing around the east edge of the site building, separating a foot and vehicle path
from the perimeter of the building,ninning roughly parallel to the former outdoor shooting range
gun rack. This cable was down in some areas,both weighted by snow, and in some instances, by
dumped items(eg. full black garbage bags, and cardboard boxes). Thus, it did not present a
barrier to access to the site on foot. The vehicle/foot path extends southeast of the site building
toward a man made pond. Orange netted fencing placed by MDEP encircled areas the MDEP
had determined, based on previous soil testing conducted in 2007, to be of"immeninent hazarX'
based on lead and arsenic concentrations in the soil, There are recently re-posted signs on the
fencing that read, "Danger, Keep Away. Arsenic and Lead Contaminated Soil. Contact with the
soil can cause brain, kidney, nerve and liver damage. Authorized Personnel Only, Respirators
mid protective clothing are required in this area". In some areas the fencing looked trampled,
possibly by deer, as tracks could be seen emanating from the encircled areas,
12 Site Visit - Continued
Throughout the site there was evidence of dumping,both historical (e,g., furniture, discarded
construction materials) and more recent, package wrappers, trash bags, and beverage cans.
The man-made pond on the site was iced over, and recent snowfall had been cleared off resulting
in a large rectangular area of the ice. Hockey related paraphernalia were present (e,g,, goal/net,
hockey puck, and sticks). Near the goal/,net what looked to be recently discarded food wrappers
and beverage containers appeared on the ground. A pathway in thesnow could be seen from
residential backyards, abutting the property line of the site to the south, to the cleared area of the
ice, There was fencing along the property line; however, some areas were either down or
weighted down by snow. Due to the height of the snow pile, the fencing was easily scalable by
children (less than 3 feet tall), About three or four back yards in this area had items indicating
children in residence, such as a tire swing, an above ground pool, and swing sets. In a previous
visit to the site (October 2008)by a representative from the U,S. ATSDR,, empty soda cans and
a hockey puck were located on the grounds of the site, as well as parts of old targets, a few
discarded ammunition storage containers, and a spent bullet. Possible evidence of fishing(e.g.
bait bucket) was located near the man made pond.
Soil Sampling
In October of 2008,the U.S. EPA conducted sampling of topsoil at various locations at the site
(see Figure I for sampling locations) at a depth of about 0-3 inches, Sampling focused primarily
on the former outdoor shooting range area, where I I samples were collected, Two samples,
numbers 15 and 16, were collected on the Town of Agawam property,just slightly to the east of
the unnamed stream that separates the site from the town property. Sample 19 was taken from a
waste pile just outside the west side of the site building(opposite side from the outdoor shooting
range) where sweepings from the former indoor shooting range located inside the site building
had been reportedly dumped. Samples 7,8,12, 17,and 18 (duplicate for 17)were taken from the
northerri. and eastern perimeters of the pond, withing about 50 feet of the shore line. Samples
were delivered to the U.S. EPA laboratory in Chelmsford, MA, for analysis for 20 metals:
aluminum, antimony, arsenic, barium,beryllium, cadmium, calcium, chromium (total), cobalt,
copper, iron, lead, magnesium, manganese, nickel, selenium, silver, thallium, vanadium, and
zinc.
3.3 METHOD FOR EVALUATING CHEMICAL CONCENTRATION DATA
Health assessors use a variety of health-bascd screening values,called comparison values (CVs),
to help decide whether compounds detected at a site might need further evaluation. These
comparison values include ATSDR Environmental Media Evaluation Guides (EMEGS),
Reference Dose Media Evaluation Guides (RMEGs), and Cancer Risk Evaluation Guides
(CREGs). When ATSDR Cvs are not available, EPA Risk Based Concentrations (RBCs) can be
used. These values have beenscientifically peer-reviewed or derived from scientifically peer-
reviewed values and published by ATSDR and/or U.S. EPA. EMEG, RMEG and RBCs values
are used to evaluate the potential for non-mcel'health effects. CREG values provide
information on the potential for carcinogenic effects.
3.3 METHOD FOR 1,3VALUATING CHEMICAL CONCENTRATION - Continued
If the concentration of a compound exceeds its comparison value, adverse health eff�cts are not
necessarily expected, Rather, these comparison values help in selecting compounds for further
consideration. For example, if the concentration of a chemic in a medium (e.g.,soil) is greater
than the EMEG for that medium, the potential for exposure to the compound should be further
evaluated for the specific situation to determine whether non-cancer health effects might be
possible. Conversely, if the concentration is less than the EMEG, it is unlikely that exposure
would result in non-cancer health effects. EMEG values are derived for different durations of
exposure according to ATSDR's guidelines, Acute EMEGs correspond to exposures lasting 14
days or less. Intermediate EME(3s correspond to exposures lasting longer than 14 days to less
than one year. Chronic EMEGs corTespond to exposures lasting one year or longer. CREG
values are derived assuming a lifetime duration of exposure. RMEG values also assume chronic
exposures. All of the comparison values are derived assuming opportunities for exposure in a
residential setting.
No ATSDR comparison value or EPA RBC is available for lead. Recently published Regional
Screening Levels for Chemical Contaminants at Superfund Sites developed by Oak Ridge
National Laboratory(ORNL) under an interagency agreement with U.S. EPA lists a screening
level for lead in residential soils of 400 ppin (ORNL, 2008). This screening level is equivalent to
the U.S. EPA hazard standard (1) for residential soil (U.S. EPA, 2001). This hazard standard is
derived to protect 95%of similarily exposed children in a population predicting a blood lead
level not exceeding the U,S. Centers for Disease Control and Prevention's (CDC) level of
concern of 10 ug/dL.
In addition, many metals occur naturally in soils throughout the U.S. or have accumulated
through human activities over the decades and centuries. Thus, concentrations of metals at the
site were also compared with typical background levels reported in the literature, including those
reported by ATSDR toxicological profiles, the U.S. Geological Service(USGS) and MDEP for
Massachusetts. For example, the USGS reports typical background lead levels in eastern U.S.
soils ranging from<10 ppm to 300 ppm (Sbacklette and Boerngen, 1984).
3.4. REV7EW OF SOIL SAMPLING RESULTS
Soil samples were analyzed following the EPA Region I SOP, EIASOP-INGDVICP 1, which is
based on "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, 3rd
edition, Revision 2, Final Update III,Methods 3 05 OB and 601013, respective]y(U.S- EPA, 1996).
Samples were analyzed using a Perkin Elmer 4300 Dual View Inductively Coupled Plasma-
Optical Emission Spectrometer.
Analytical results from U.S, EPA's October 2008 soil sampling effort are summarized in Table
1, which lists the results by the 20 metals analyzed, including the number of detects out of 19
samples, and the minimum, mean, and maximum concentrations detected, Also listed are the
relevant health -based comparison values and available background levels for metals,
3.4 REVIEW OF SOIL SAMPLING RESULTS - Continued
The data indicate that three metals were detected at levels above health based comparison values
and typical background levels: arsenic, antimony, and lead. These metals may be associated
with older munitions. For example, older bullets may be composed of a lead-antimony alloy
core, which may also contain other elements, such as arsenic, in lower quality alloys, All other
metals, if detected,were detected at concentrations below their respective comparison values or
typical background levels.
Lead:
Lead was detected in all 19 samples. The overall mean and maximum values for lead (39,709
mg/kg and 120,000 mg/kg, respectively) exceeded typical background range for this element in
eastern U.S. soils, 300 mg/kg(Shacklette and Boerngen, 1984). They also exceeded the U.S
EPA screening level for lead (400 mg/kg). Lead detected in the area of the former outdoor
shooting range( samples 1, 2, 3, 4, 5, 6, 9, 10, It, 13, and 14 ) had a mean value of
approximately 57,1655.5 mg/kg. Lead concentrations around the perimeter of the pond, samples
17/18, 7, 8, and 12 averaged approximately 1414 mg/kg. The two samples,numbers 15 and 16,
taken from the Town of Agawam property averaged 2250 mg/kg for lead. Finally, sample
number 19, taken from the west side of the site building had a lead concentrations I 10, 000 mg/
kg.
Arsenic:
Arsenic was detected in I l/]9 samples,with detections ranging from 2.5 mg/kg to I 100 mg/kg.
The mean arsenic level detected in the I I samples was approximately 381 mg/kg, Thus, arsenic
was detected at concentrations that exceeded the ATSDR chronic EMEGs (soil) for both children
and adults (20 mg/kg and 200 mg/kg, respectively). Nine of the I I samples taken from locations
within the fanner outdoor shooting range had detectable arsenic,rangingfirom 30 mg/kg(sample
11) to I 100 mg/kg(sample 5). The mean value of arsenic for the samples taken from the
location around the former outdoor shooting range (assuming non-detects axe one half of the
reporting limit) is approximately 389.5 mg/kg.
Two other samples had detectable arsenic levels but both detections were below health-based
comparison values and typical background for soil arsenic. One sample from the Agawam Town
property had an arsenic concentration of 13 mg/kg,while one sample taken near the perimeter of
the on-site pond had an arsenic concentration o 2.5 mg/kg. All other soil samples from these
areas (and the one sample from the west side of the building) were.non-detect,
Antimony:
Antimony was detected in 14 our of 19 soil samples analyzed, with detected concentrations
ranging from 11 mg/kg to 3900 mg.kg, and an arithmetic mean'of 1337 mg/kg- Ten of the I I
samples taken from former outdoor shooting range area had detectable antimony,ranging from
24 mg/kg to 3900 mg/kg. These concentrations exceeded RMEGs for both children and adults
(20 mg/kg and 300 mg/kg, respectively), The arithmetic mean value for antimony in samples
taken from the location of the former shooting range (assuming non-detects are one half of the
reporting limit) is approximately 1608 mg/kg.
Antimony- Continued
The antimony values for samples 7 and 8, taken from locations within 50 feet north of the pond
shore were 1.2 and 17 mg/kg, respectively. Sample 12, taken within 50 feet cast of the man-
made pond shore,didnot have a detectable level of antimony( reporting limit was I mg/kg), In
addition, samples 17/18 taken near the pond were also non-detect. Sample 19, taken from a
waste pile just outside the west side of the site building had a value of 1000 mg/kg for antimony,
One of the two samples taken from the town property showed a concentration of 6.9 mg/kg,
while the other sample was non-detect. Thus, other than samples taken in the area of the outdoor
shooting range, only one othersoil sample, (sample 19)from the EPA sampling effort had
antimony detections above the health-based screening values,
3.5 PATHWAY ANALYSIS
To determine whether residents living nearby to the site were, are, or could be exposed to
contaminants, an evaluation was made of the environmental and human components that lead to
human exposure. The pathway of analysis consists of five elements: a source of contamination,
transport through an environmental medium, a point of exposure, a route of human exposure, and
a receptor population.
Exposure to a chemical must first occur before any adverse health effects can result. Five
conditions must be met for exposure to occur. First, there must be a source of that chemical.
Second, a medium(e.g., soil) must be contaminated by either the source or by chemicals
transported away from the source. Third,there must be a location where a person can potentially
contact the contaminated medium. Fourth, there must be a means by which the contaminated
medium could enter a person's body(e.g.ingestion). Finally,someone must contact the chemical
and the chemical must actually reach the target organ susceptible to the toxic effects from that
particular substance at a sufficient dose for a sufficient time for an adverse health effect to occur
(ATSDR, 1993).
A completed exposure pathway exists when all of the above five elements are present. A
potential exposure pathway exists when one or more of the five elements is missing and indicates
that exposure to a contaminant could have occurred in the past:, could be occu m- ing in the present,
or could occur in the future. An exposure pathway can be eliminated if at least one of the five
elements is missing and will not likely be present.
Completed Exposure Pathway
Clearly, the site is accessible and has evidence of use (e.g., skating, foot paths, dumping).
On the assumption that children that live near the site access the site, the completed pathway that
could present opportunities for exposure at the site is incidental ingestion of soil. As noted
previously, the contaminants of concern are lead, arsenic,and antimony.
To evaluate the potential for health effects, ATSDR Minimal Risk Levels (MRLs)were
compared to exposure estimates for arsenic and antimony. The MRL is an estimate of daily
exposure to a contaminant below which non-cancer adverse health outcomes are unlikely to
occur. If an MRL was not available, an EPA Reference Dose (RfD)was used for non-cancer
effects. In addition, exposure estimates for arsenic were combined with EPA cancer slope
factors provided by ATSDR to evaluate potential cancer risk. No MRL or RfD is available for
lead, which is evaluated using a phaTmacokinetic model and discussed further in the next section.
3.6 DISCUSSION
r
to lead because of their greater hand- to- mouth activity, greater absorption of lead into their
bodies, and greater sensitivity to lead exposures, Exposure opportunities to lead for young
children are assessed using the U.S. EPA Integrated Exposure Uptake and Biokinctic Model for
Lead in Children (IEUBK)(U.S. EPA, 2005). This model combines physiologically based
assumptions (e.g., the relationship between lead uptake and blood lead levels)along with
exposure assumptions (e.g., daily amount of soil ingestion) to predict blood lead concentrations
in young children exposed to lead from several sources and by several routes. The model
mathematically and statistically links environmental lead exposure to blood lead concentrations
for a population of children (0 -84 months),
Soil lead concentrations at the site were highest in the former outdoor shooting range area
(average of 57,655.5 mglkg), with average concentrations around the pond perimeter of 1414
mg/kg and in the two samples on the adjacent town property of 2, 250 mg/kg. Of the five
samples around the pond, four were below 400 mg/kg, and the fifth was 5200 mg/kg- Sample
19, taken from a waste pile reportedly containing sweepings from the former indoor shooting
range,just outside of the west side of site building, had a soil lead level of I 10, 000 mg/kg,
which is just below the highest level of lead in soil detected overall in samples 2 and 5, both
taken in the area of the outdoor shooting range,with a lead level of 120,000 mg/kg.
The IEUBK model will only accept entry of values of 27,000 ppm lead in soil or less, because of
lack of calibration or empirical validation for the model at higher exposure for BLLs. Using the
average soil lead concentration of 1414 mg/kg around the pond perimerter, the IEUBK model
children would be expected to have a BLL of 10 ug/dL or greater. Tbc average soil lead
concentration for the two samples from the Town property was 2,250 mg/kg. For the average
soil lead value on the'rown property,the model predicted that 84%of children exposed would
exceed a BLL of 10 ug/dL and the predicted geometric mean BLL would be about 16ug/dL.
It is clear therefore, that the Young children less than six years old are the most sensitive population with regard to exposure
. children if-your children were exposed 'the lUEBK modelpredicts. ^In ~- `^one of the designated high risk communities in MA. BLL data for the period 1990 through
to
better address whether children were indeed being exposed to lead in soil such that their body
burden might increase to levels predicted by the IUEBK model, MDPH evaluated blood lead
level (BLL) data for Agawam children from the MDPH/BEH Childhood Lead Poisoning
Preventin Program(CLPPP). CLPPP was established for the prevention, screening, diagnosis,
and treatment of lead poisoning in children residing in Massachusetts, Annual blood lead
screening for all children ages 9 months to 3 years is requied by the Massachusetts Lead Law
(105 CMR 460.000)and this requirement extends to children aged 4 years old who reside in any
February 2009 wereTeviewed for Agawam children.
Antimony
Antimony was detected in 14 our of 19 samples. The average concentration in the outdoor
shooting range area is 1608 mg/kg (assuming the non-detect is one half of the reporting limit),
The four samples and one duplicate sample from the pond area were either non-detect or less
than comparison values, Sample 19, taken from the waste pile just outside of the west side of the
site building, detected antimony at a level of 1000 mg/kg.
Assuming that a 35 kg. Child accessed the site and incidentally ingested the average
concentration of antimony detected in'the shooting range soil (1608 mg/kg) for 7 days a week,
for eight months of the year (32 weeks)during a ten year period, the child would have been
exposed to antimony at a level (0,003 mg/kg-d)that exceeds the EPA chronic oral RfD of 0,0004
mg/kg/day. The RfD is based on an animal study where metabolic and weight changes were seen
at a dose of 0.35 mg/kg-d,to which an uncertainty factor of 1,000 was applied to derive the RfD.
Because of the estimated exposure dose for an antimony in soil was about 100 times lower than
the level used to derive the RfD, it is unlikely that health effects would result from this exposure.
3.7 CONCLUSION
The information reviewed for this public health consultation indicates that the concentrations of
lead in soil are at levels that pose health concems for young children if they are exposed to-the
extent that the IEUBK model predicts. In order to better assess actual exposure opportunities,
the MDPH evaluated available blood lead level data for young children living near the site, This
evaluation did not indicate that there are unusual rates of elevated blood lead levels in the
vicinity of the site versus the rest of Agawam, suggesting that exposures to lead in soil at the site
have not been sufficient to result in elevated blood lead levels. However, should sufficient
exposure occur, serious blood lead levels could result-
Levels of arsenic and antimony, although exceeding their respective MRL or RfD, are unlikely to
pose health concerns to individuals accessing the site. It should be noted that the highest
concentrations of these metals were in the outdoor shooting range area, which also had the
highest soil lead concentrations. Arsenic and antimony were not elevated in other areas sampled
by EPA, other than one sample taken fom the waste pile just outside the west side of the site
building where 1000 mg/kg antimony was detected.
ATSDR requires that one of five conclusion categories be used to summarize the findings of
public health consultations and public health assessments. These categories are- (1) Urgent
Public Health Hazard, (2) Public Health Hazard, (3) Indeterminate Public Health Hazard, (4)No
Apparent Public Health Hazard, and(5)No Public Health Hazard. A category is selected using
site-specific conditions such as the degree of public health hazard based on the presence and
duration of human exposure, contaminant concentration, the nature of toxic effects associated
with site-related contaminants,presence of physical hazards, and community health concems,
On the basis of ATSDR criteria, ATSDR classifies the Agawam Sportsman's Club site under
cur-rent site conditions as a"Public Health Hazard"'because exposures to lead in soil at the site
can result in blood levels of health concern,
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Duffield Engineering & Consulting
664 West St.,Keene,NH 03431
September 29,2011
MA-DEP/BWSC
Attn. Mr. Ben Fish
450 Dwight Street
Springfield,MA
Re, RTN #I- Former Agawam Sportsman Club-Sample Results
Dear Mr. Fish:
This letter is in reference:to the listed subject property located at 358 Corey Street in Agawam
and presents the results of sampling conducted on 9/1/11. The sampling consisted of taking 8
hand borings for soil samples, two sediment samples from the edge of the pond, a composite
surface water sample from the pond and two groundwater samples from available monitoring
wells. The proposed sampling plan had previously been submitted to DEP for concurrence and
approval based upon discussions at an earlier meeting at the DEP-WERO Office. The
contamination of lead and arsenic is-on two properties, the former Agawam Sportsman Club and
land owned by the Town of Agawam. The evaluation of the release and conductance of MCP
activities will treat it as one siie.
There were only 3 small monitoring wells found on-site and one(MW-7)did not have a cap and
had been disturbed during the soil removal process. Therefore, only two wells (MW-6&8)were
sampled as the other wells were not found and were probably destroyed with soil removal (See
attached Sample Location Plan). The surface water sample was a composite sample from 5
locations around the pond and was not field filtered. The monitoring wells were purged of a
minimum three volumes of water and then field filtered prior to sampling. The soil samples
were collected from depths ranging from Y-9" in undisturbed locations to a depth of 20"-26" in
the soil removal area. The intent was to sample from the depth where the native soil was
undisturbedly below the soil removal area, as this would reprcsent the worst case'scenario for
soil exposure to the remaining lead and arsenic contamination- The hand boring locations were
selected to determine: if the indoor air exhaust provided a pathway for soil contamination(HB-I
&2); if the pond discharge provided a pathway for soil contamination(HB-6); what risks the
contamination levels presented as potential exposure points f6r current and future uses of the
properties.
Sediment samples were collected from the edge of the pond on the north and east sides to
determine the residual contamination levels for the contaminants of concern, lead and arsenic,
SAMPLE RESULTS: See attached Table.
QLoundwater:The limited groundwater sampling from two wells showed groundwater
contamination levels below GW-1 &GW-3 Standards for down-gradient well (MW-6) and
above GW-I Standards for cross-gradient well (MW-8). MW-8 exceeded GW-3 Standard for
lead but not for arsenic. The upper concenuation limits were not exceeded by either of the tested
monitoring wells. The down-gradient well had levels just above the labs detection limits (0.001
ppm). The GW-I Standard is 0.01 ppm for Arsenic and 0.0 15 ppm for lead. The GW-3 Standard
is 0.9 ppm for axsenic and 0.01 for lead. GW-2 and GW-3 Standards apply to e subject site.
There are no applicable GW.2 Standards for arsenic and lead. The sample results are
significantly below the Upper Concentration Limits for both of these contaminants.
Surface Water: The composite surface water sample,results were significantly below the
applicable GW-3 Standard, which correlates with surface water quality. The results were<0.001
for arsenic and 0.002 for lead.
Sediment: The two sediment samples had arsenic levels of 0.6 and 1.0 ppm for arsenic and 25
and 60 ppm for lead. There are no current sediment standards, however direct exposure as a soi I
would have standards of 20 ppm for arsenic and 300 ppm for lead. Based upon this analogy the
levels are below this soil standard.
Soil: The 8 hand borings had 4 conducted just below the ground surface at 3"to 9" depths -in
undisturbed areas. These results ranged from 0.7 ppm to 2.3 ppm for arsenic and 6.7 ppm to 22
ppm for lead. These are significantly below the S-I Standard. The other 4 hand borings were in
locations where soil removal had occurred under the EPA Brownfields Program. There was a
Hot Spot identified where hand borings HB-3 and HB-4 had been conducted. This corresponds
to the highest concentrations found during the initial assessment and Brownfields work. The
arsenic levels were 2.0 and 8.6 pm and lead levels were 170 and 1,000 ppm. The 1,000 ppm level
exceeds the S-I standard of 300 ppm. These concentrations do not exceed the UCL's of 200-
arsenic and 3,000 for lead. The other two hand borings had contaminant levels significantly
below the applicable S-I Soil Standard.
PRELIMINARY RISK ASSESSMENT: See attached Method 3 Short Forms.
The MCP Method 3 Risk Assessment method was used to conduct a preliminary risk assessment
to determine if residual levels of contamination pose a risk to human health based upon the
future residential use as condominiums. This assessment is based upon soil exposure to soils
within 3-icet of the surface. The Method 3 Short Forms were used for exposure point to the
average mean concentrations found and also to the two hot point concentrations. As the
Condominiums will have an Association and by-laws it wiH prohibit the growth/consumption of
vegetables on-site. It is also assumed that the Town land can have a deed restriction on this
portion of the property to prohibit vegetable growth and consumption. The Method 3 Short
Forms illustrate the significantly elevated risk from vegetable growth and consumption. These
risks were removed from the Table calculations manually, so as not to dis-credit the Forms
validity.
The results from the risk assessment show that no inherent risk exists from the standard band
boring locations, however in the hot spot location there are chronic and sub-chronic risks based
upon exposure to the soil in this specific area. This area is along the boundary between the Town
and former Sportsman Club property.A method to eliminate this risk is to place an engineered
barrier over this soil to prohibit exposure or to relocate this soil on-site to be below the proposed
pavement,which provides access and parking for the future condominiums,
Please review this submitted information and provide comments and input. As previously
discussed, a RAM Plan, Site Re-Classification and Complete Risk Assessment could then be
prepared to support an RAO to close out the site under the MCP requirements,
We will await your thoughts, comments and input and appreciate your attention to this project,
Sincerely,
Tbomas Duffield,PE
Duffield Engineering& Consult-Ing
Cc: Russo Construction
Agawam Spodaman Club
Arsenic Depth
171
HB-2 2.3 -221, 3-9-
HB-3 2 170 17-n"
16-21"1
,HB4 0.6 10001
20-2W
0.7 is I
0.7 6.7--, 3-9*
,HB-7 12 9.7
FH-8-8 1A 11 3-9"
Sed-I 0.6 25
Sed-2 I GD
NW-6 <0-001 0.001
NVV-8 0.018 0.076
SW <0-0011 0-002
NOTE:
1. Surfhce water sample was composited fmm 5 grab samples on the pond.
2. Sediment samples were gmb samples along edge of pond. See Sample Plan.
3. Soil&sediment resWts are mg/kg and mnface water and groundwater are mM. Sampling was
conducted on 9/1/11.
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U.S.Department of Justice
Environment and Natural Resources Division
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May 25, 2011
H.Curtis Spalding
Regional Administrator
United States Environmental
Protection Agency-Region I
5 Post Office Squ=
Boston,MA 02109-3912
Re: Section 122 Administrative Settlement Agreement And Order On Consent For
Recovery of Past Response Costs,Agawam Sportsman's Club Superfund Site,
Agawam,MA,CERCLA Dockei No.:CERCLA-0 1-2011-0008
Dear Mr. Spalding:
This is to inform you that,on behalf of the Attorney General of the United States and
purmznt to the terms of Section 122(h)(1)ofthe Comprehensive Environmental Response,
Compensation,and bability Act,42 U�S-C. § 9622(hXl), I hereby approve the Administrative
Settlement Agreement For Recovery of Past Re nse Costs, Agawam Sportknian's Club
. Vo
Super&W Site,Agawam,MA.between the United States Environmental Protection Agency,the
Agawam Sportsman's Club,arid the Town of Agawam.
TVs approval is subje&to the right of the Department of Justice to withdraw its approval
of the Agreement should it,jetermine.based on ieview of any comments submitted during the
public comment period,that the Agreement is inadequate,improper,oTinappropriate. After the
public comment period has expired,pie=forward to the Department of Justice any comments
submitted with respect to the Agreement.
Sini
Ellen M. Mahim
Deputy Section Chief
Environmental Enforcement Section
IN THE MATrER OF: AGAE)IMENT FOR
RECOVERY OF PAST RESPONSE
COSTS
Agawam Sportsman's Club SuMftd Site US.EPA Region I
Apwam,Massachusetts. CERCLA Docket No.0140 10.0008
Agawam Sportsman's Club,Incorporated PROCEEDING UNDER SECMON
SETTLD40 PARTY 122(hXl)OF CERCLA
42 U.S.C.§9622(h)(1)
L &WIDICTL
1. This Agreement is wicred into Pursuant to the mhhority vested in the Aftimistratorof
the United States Environmental Protection Agency by Section 322(hXl)of CERCLA,42
U.S.C. I 9622(h)(1),which authorit
y has been delegated to the Regional Administrators of EPA
by EPA DeJoption No. 14-14-D and reddegmW to the Dhvow,Office of Site Remediiation&
Ratcration(OSRR),by EPA Region I Orda No. I ZDO,dated June 30, 1995, This Agr=ent is
also entered into pursuimt to ft autfi�ty of The Attorney Cieneral of ft United States to
*omprotnise and settle clairns of the United States,which authority,in the dimmWances of Us
settlement,bw bow delegated to the Dqmty Section Chiefs of the Enviromental Ed%rcement
Sectico of do Envimment and NaWW Resouroe Division of the Department of Justim
2. This Agreement is entered into,by,and between EPA,the Town of Apwam(the
"Town'),and the Agawam Sportsraw's Club,Incorporated CA40wam Sportmnan's Club"'or
"Settling Partyl(collectively,the"Parties*).Each Party oonscuts to and Will not contest EPA's
authority to enter into this Agreement or to implanent or enforce its twus.
3. Tbe United States Environmental Protection Agenty C-EPAr),acting pursuant to
Section 107 of the Canprehensive Eavirownental Response�Compemsation and Liability Act of
1980.as amended fVERCLA-),42 U,S.C.19607 mks t offesponse*0sts
incurred cr to be incurred for response actions taken at or in ourm=tim with the releate or
threatened idease ofhazardous substances at fl)e Agawam Sportsman's Club Superf=d Site in
Agawam,Massachusetts"roperty"or"Site").
4. The site is located at 358 Comy Street,in Apwarn,Massachusetts. Mic Site consists
of a 5.52 acre parcel of land and includes an abandoned building that was previously usW as an
indoor shooting range.'Me Site is descriW more particularly as Paivel MI 2-02-0001 in The
Quitclaim deed recorded with the Hampden County Registry ofDeeds in Warranty Docd Book
1827,Pagc 464 and Book 18$1,Page 257.
5. On November 26,2008,the Town filed an Instnirnent of TaIdng in Hamden County,
Massadusetts Registry of Deeds,at Book 17560,Page 402 against the Property st&ing tecovery
of unpaid property taxes. ftuant to the Gmeral Law of Mawachusetts(Ch.60 see.53 and 54,
Taking for Taxes: Instrument of Talcing),Redemption),the town's tax lien%=ues interest
annually.
6. Betweeri June 9i 2009 and October 15,2009,EPA performed s removal action at the
Site,pursuant to Section 104 of CERCLk,42 U-S,C.§ 5iW. EPA removed hazardous
substances,including,but not limited to,antimorty,arsertic and lead wntuninaW soil fivrn the
Site and capped contaminated soil that-remained at the Site.
7. As'a resuIt of such response action to date,the United States has inaxred response
costs,wA interest,in excess of eight hundred seventeen thousand dollars($817,000)in
wnnoction with EPA's removal action at tbo Site, These coW have not been reimbursed to the
United States.
8. EPA alleges tha Settling Party is,a mpmible party pursuant to Section,1,07(a)of
CERCLA,42 U.S.C.§9607(a),and is jointly and severally liable for response oosts incurred AM
to be incurred at the Sim On May 5,2009,EPA notified Agjtv=Sportsman"s Club that ii*as
$,potentially responsible party at the Site.
9. On August 13,1009,in accordance with Section I 107(b of CERCLA,42 U.S.C.
9607(l),EPA provided notice to Agawam Sportsma's Club of EPAs intent to perted a lien
upon the Property On October 30,20M EPA filed a Not=ofFodond Ilen in the Hampden
County,Masuchusetts Regstry of Deeds at Book 18049,Pap$71.for all tespowe welts md
natural resource,damages for which Agawam Sportsman's Club is liable under Section 107(a)of
CERCIA,42,U.S.C. 0 96.07(a). On November 9,'2009,EPA provided Agawam Sportsman's
Club with.notice that the Hen bad been filed.
10. EPA has reviewed the Firmcial Idormation submitted by Agawarn Sportsman's
Club to demmine wbether it is financially able to pay response costs incurred and to be incurred
at the Sift Based upon this EPA has determined that Agawam
Sportsman's Club has limited financial ability to pay for response c4sts iumn-ed or to be
incurred at the Site,
I I- Agawam Sportsman's C tub does not admit,and retairts the Tight to controvert in any
subsequent proceedings other dm proceedirige to implement or enforce this Agreement,the
validity of the facts or allegations wntabwd MI this Section.
11 The Parties agree the this Agreement has been negotiated in good faith and that this
Agreement is entered into without the admission or adjudicatica of any issue of bd or tow-
2
UL
13- This Agrement shall be binding upon.EPA,and upon ft To",Settling Pwty and
'their suocessors and assign. Any change in ownership or corporate at other legal status,
including but noi limited to,any tr�anffer of assets ofteal or personal property,ahall in no*ay
alter the status or responsibility of the Town and Settling Party under this Agreernent.
14� Each undersigned representative of Soling Party,the Town,and EPA cortifies that
he or she is authofized to enter into the tenns and conditions of this Agreement and to execute
=d bind legally sua Party to this document
IV. MUTIMM—T Qr r=
15. By entering into the Agreemen�the miftW objeebw ofthe Parties is to avoid
difficult and prolonged litigation and allow Settling Party to nuke a cub payment to the Town
for delinpmnt property tues and to address Soling Party's alleged civil liability for the Site a
provided in the Covenant Not to Sue by BPA in Section K subject to the Reservadons of RigIft
by EPA in Section X
I& Unless eftmm cW=ly provided bertin,tam wed in this Agreement that am
defined in CERCLA,or in regulatom promulpW under CERCLA,shall have The mewing
wignod to lb=m CURCLA or in such rcgulati=. Wh=cm tam listedbelow am used in
Ws Agreement or m any qn=dix atmehed bereto,the following definitions sball.applr�
a 'Sest Effire shall include,but not be limited to-(1)listing the property for
sale with a broker,dealer,or agent approved by BPX(2)responding to the maspnoble itulufi"
of proVective parchastn;(3)maintaining dw property in its current condition unless Otherwise
directed by EPA;(4)allowing tbopropertytobo shown at all r&soaable limes;and(5)assisting
ft broker,dealer,or agent for sale of the Propaty in any o1her reasonable way reVested in an
effort to sell the property within a reasmable time period,
b. ITERCW A&me=the C*mprd=sivc Bavironruental Response,
Compemtion,and Liability Act of 1980.as amend4 42 U.S.C. §9601,ed
c, -Da)r shall mean a calendar day. In computing any period of tune under this
Npveraeat,where the last day would fall on a Saturday,Smiday,or federal holiday,the period
shall run until the close of business of the next worldno day.
d, "DO]"shall ram the Urdtod States Department of Jwtice and any successm
departments,agencies or inslrmnentalitits of the United State&
3
e, "UN'shall amn the United States Environmental Protection Agency and any
successor departments,agencies.or instrunamWities of the United States.
f "'EPA HazaWoms Substance Supeffizad"shall mean the Hazaidous Substance
Superfund established by the Internal Revenue Code,26 U.S.C. §9507.
"Effective Date shall meaii the eff�ctive date of this Agreement as provided
b Section)MI.
y
h. "Fair Market Value shal except in the event of a foreclosure or transfer or
other-assignment it lieu of foretlosure,mean the pri=at which title,to the Property would
convey between,a willing:buyer and a willing seller under actual rawket conditions,neither
being tinder any coutpulsion to buy or to sell and both having reasonable know]edge of relevant
ftcts. In the roent of a fivister by foreclosure,"Fair Market Value'shall mean the amount
obtained at the foreclosure auctiou
Appm&A. i. "Finaixial Inform4oe'shall mean those ffimeW docments i4cntified in
j. "Interest""I mean interest at the rate specified for interest on investments of
the Hazardous Substance Sqxrfbnd established by 26 U.S.C.19507,oompounded on October I
of each year,in accordance with 42 U.S.C. §9607(a). 'The applicable rate of imm%t shall be the
rate in efted at tho time the firteveg aoauts. 11w mtr,of interest is subject to change on October
I of Wh year.
L "Net Sales Proceeds"sW mean the total value of all monetaury consideration
received by Settling Party in exclango for the Property less t)thebalanm of*vo Settling Partys
mortgage on The Property,ii)closing oosts and attorney fees limited to those reasonably iammed
and actually paid by Sealing Party assockaed with the Transfer of the Property�and iii)federal
and state taxes owed on the prooeed& Settling Party shall pirovide EPAwith docunaeraafion
sufficient to show tho WW value'of all consideraficin received by Scaling Nny for cub Transfer
(or ifthe consideration cannot be determined)the Fair Market Value of the Propetty)at the time
Of each Transfir�the amount of the proceeds of the Transfer,and die amounts oonresponding to
items Q throuo io above. This documentation iWir4ude,W not be limited to,the report of
an appraisal paid for by Scaling Party,perform ed by=apprai sor satisfactory to ft Parties and
approved by EPA,upon appraisal assuinjitions satisfactory to the Parties. The documenta6on
must also include,either as part of the report or separaWy, 1)�a tax sWement sbowing the
assessed valuation of the Property for eacb of the t1m years immediately preceding the
TnmsftT,and 2)a schedule showin all ouWanding indebtedness on Ific Property. For purposes
of this agreement only,"Net Sales Proceeds"may'dw,include a reduction in the Property's
S2351000 Sales Price by an amount equal to the cost of the asbesuis and lead remediation at the
Property,as set forth in,and subject to the conditions of',Addendurn,B,to the Purdwe and Sale
Agreement between Agawam Sportsmari't Club,Donald Swixidle(SELLER)and Thomas 1.
Russo,Ir(BUYFR),executed on March 18,2011.
4
1. "Paragraph"shall men a portion of this Agreement identified by an Ambic,
numeral or a lower cast letter.
m. "Patties"shall mean EPA,the Town and Settling Party.
a "'Past Raponse Costs""I mean all costs,including bvt not limited to direct
and indirect costs,that EPA or the United States Department of Justice on behalf of EPA has
paid or inomed at or in connection with the Site dftugb the effective date of this Agreement
0. "Proixtrty"shall mean 358 Corey Stred,in Agawam,Massachusem,identified
as Parcel MI 2-02-0001 and r000rded with the Hampden County Registry of Decids ir Warranty
Deed Rook I i27,Page 464 and Book 188 1,Pago 257.
p. "AMA!'sW mean the Solid Waste Disposal.Act,as amvnded,42 U.S,C.
690 1,et seq� (also known as the Resource Conservaticn and Recovery Act).
q. 'Section"shall mean a portion ofthis Agreement identified*a Rornan
numeraL
T. "Agreement"sha3l mm this Agrement and any attached appendices. In the,
event of conflict betwc=this Agreement and,-any appendix,the Agreement"I control.
s. '$ales Price'shall mean$Z35,000,the amount agreed to in the Purdtase and
Sale Agreement between,Agawam SportsmAWs C16,Donald Swindle(SELLER)and Thomas J.
Ptusso,Jr(BUYER),executed on March 18,2011.
t. "Settling Poly"shall mean,Agawam Spommm's Club,Inoorparated.
u. "Siteda have the same meaning as priovided supra at Smfion V,Puagraph
Of the Site. v. 'Town"sW mean the municipality of Apwam,Massachusotts,the location
w. 'Transaction Costs"shall mem the Town's masonthle aftomer' few and
expenses mcurrW in preparing and bnnging foreclosure action in LAnd Court(i.e.,fmvdosdnS all
intatsted parties' right to redeem the Pr*paty and vesting title in fee simple to the Town).
X. 'Transfee'shall meatt ewl sale,trarmfer or exchange by Settling Party(or its
wooessors or heirs)oftide to the Property,ct'any portion thervot or of The entity owning the
Property, where title to the Property(or any porti*n or intmrst thereof)or to the catity owning
the Property is transferred and Var Market Value is received in conmderatim. A Transfer does
not include a transfer pursuant to an inberitar"or a bequest
5
y. "United States"shall mean the United States of America, including its
departments,agencies�and insmanentalities.
VL PAIMNI§MD JEM FOR RELEASQ2
17, E!t�� To consideration of and in exchange for BPA's release and waiver of
any Hen it bas or may have under Section I D7(4 of CERCLA,42 U,S.C; §9607(o,with mpect
to the Site,Settling Party waives its ri6t to redeem the`P�rcperty and agrees to use its Best
Efforts to Transfer the Property within six months alter the effective date of this Agreement.
a. Settling Party agrees to transter title to the Property only as provided haein,
and sfia,11 not lease,sell,convey,or tmnsfer the Property or any right thtreto cmcqt ns provided
under the te=of this Agreement
b, If Settling Party recovas monies in cormection with an acquisition,sale.,
conveyartm or iransfer of the Pyoperty or any right thereto,Settling Party shall pay,witWn thirty
(30)days of said recoveM the Nei Sales Proceeds in accordance�with ffic following distribution
i. Pay ninety peroent(900/6)to EPA;
I Pay ten percent(10%)to the Town,not to exceed The W vatue of the
Town's lien.
e. In the event fhat 10%ofthe Not Sales Proceeds recovered by SoWirig Party in
connection with the acquisition,We,conveyance,or transfer of Ibc Property or any right thcreto
exceeds the value ofthe T<Yvm's lien at the time of the salc�the excess mcovery shall be
distributed ninety percent(900%)to EPA and ten percent(100%)to(he Town.
d. Payment to EPA sbaU be made by certified or cashiWs check and mde
payable to"EPA Hazardous Substance Supwfua&" The check,or a letter amompanying the
check,shall reference ihe name and addrws of Settling Party,die Site name,EPA Region and
SitetSpill ID Number 01 FN,and EPA Docket Number 01-201 0-Mg,and diall be sent 6:
U.S.EPA
Superflitud Payments
Cincinna;ti Finance Center
P.O.Box 979076
St Louis,MO 63197-9000
e. Payment to the Town be made payable to thi,Town and Agawarn and
mailed to:
Lure] A,Plazzek,Treasurer
6
Agawam Town Hall
36 Main Sbvd
Agawam,MA 01001
t At the time of payroent to EPA,Settling Party shall send notict that paymeni
has been made to EPA in accordance with Section XVM(Notives and Submissions). At that
time,Settling Party shall Ww send WrIftm notice to the EPA Cincinnati Fmancial OffiM 26
Martin Luther King Drive,Cincinnati,OH 45268,and an electronic notice to
aggEms-i—vabIc4n—wdfty�m. All swh notices"mlerence the EPA Region and Sitc/Spill
ID#OIFN and EPA docket mr:nber 01-2010-0008.
g. rhe total amount to be paid by Settling P"pursuant to Paragraph 17(b),(c)
shall bedeposited.by EPA in the EPA Razzrdbw Substance Superfund.
h. At last 30 days prior to any sucb Transfer,Settling Party dWl notify EPA of
the proposed Tr=fcm;,which notice shall include a 4ocn;ytion of die property to be conwyod,
the,identity of the purchaser,the terms of the Transfer,the oonsidetation to be paid,and a copy
of the proposed trowfer agmnent. The proposed sales amount must be at last ic�pml to the Fair
Market Value of the Propetty based upon an appraisal obtamed within I yea offt Transfer,
unlessother,wisespiprovedbyEPA. Settling Party shall no*EPA of the completion of the
Transfer vnd�n 10 days of the date of dosing and shall indude with such notification a copy of
the closing bind�,including find executed documentation for the conveyance and a work sheet
setting forth the Not Sales Ptocceds:and the amount payable to IBPA.
i; in the event of a Trander of the Property or any portion tharoot Setffing Party
shall continue to be bound by all the tam and oonditions�and subied to alithe benefits,ofthis
Agirmment,except if EPA and Settling Party modify this Agreement in'wrift
j. In the event Settling Party does not Tr�nsfer the Property within six months
after the effective date of this Agreesirtent,Settling Party agrees not to oppose the
Town's tax fmvrlos=proceeding to obtain title to the Property in accordance with Paragraph
18.
L As present titleholder of record for the Property,Settlim Party agrees to
execute any agreements necessary or requmted by EPA or the Town to obtain judgments with
respect to the Property If Seft1mg Party does no�within&uty(30)days of receipt execute any
agreetntrits nmemy or requested by EPA or the Town to o6Wn judgments with resped to the,
Property,Settling Part Agreement and."pay to EPA a stipulated
y s�halfbe in violation ofthis
penalty in accordance with Paragraph 20,
18. IM. In consideration of and in exchange for EPA's release and waiver of any�en
it has or may have under Section 107(o of CERCIA;-42 U3.C. §9607(o,with respect to the
Property, the Town may, at least six months after the eftfive date of this Agreement and after
co=ultation withEPA,initiate a tax foreclosure in LAnd Court to acquire title to the Property fbr
7
the purpose of c<mducting a public auction or private We of the ProMty. Thus,the Town,no
earlier than six months after the effective date of this Agreement and only after consultation with
EPA,may file in Land Court(a)a complaint and(b)a notice of fil*complaint f6trn. The
Town shall thereafter register an ftutrument,of taking and submit to EPA a copy otnotice to be
filed with the Massachusetts Depailment of Revenue to auction the Pmpefty for.nonpayment of
taxes or,altematively,submit to EPA a copy of an agreement listing the Property for sale at Fait
Market Value with a broker,dealer,or agent approved by EPA.
a. If the Town recovers monies in oomection witb tbt foreclosum,suction,sale�
conveyance,or transfer of the Property or any right thereto,wftn thirty(30)Days of said
rtcovery the Town shall paLy to EPA a percentage sbare of theNct Sales Prooeo&. After
deducting its Tram4zon Costs,the Town shall ftm the Not Sales Ptoceeds,pay mnety percent
(901%)to EPA.
b. In the rmt that 101%of the Net Sales Proceeds recovered-by the Town in
conneofion with the Imlosure,acquisifion,sale,conveyance,or transfer of theProperty or any
Tight theMo,exceed&the,value of the Town's lien at the time of ft sale,the Town shall
distribute 900/9 of this excess recovery to EPA.
c. The Town shall make all payments to EPA required by this Agreement in the
form ofa certifwd or�cashiees check made payable to"EPA Hazardous Substance SuperfiimV
The check,or a letter accompaying the cheqk,shall rofaen�t the name and address of Settling
Party�the Site nme,tho EPA Reg�cm md SiWSpill ID#OIFY,and EPA docktt Number 01-
2010-OW8,and dWI be sent to:
U.S,EPA
Supetfund Payment!;
Ckninnati Ffitance,
P.O.Box 979076
St Louls,MO 63197-9000
4. At the�time of payment to EPA,the Town shall send notice that payment has
been made to EPA in accordance with Secti*n XVIT(Notioes and Submissions). At that time,
the Town shall also awd written notice to the EPA Chy-innati Finandal Office�26 Martin Luther
King Drive,Cinchuutfi,Oli 45268,and an eloafi-onic notice to 00=dygl e!�MWA@MV—v.
All such notica shall reference the EPA Region and Sitc/Spill ID#01 FN and EPA docket
nurnber 01-261 0-00M -
e. roe total amount to be paid by the Town pursuant to Paragraph 19(a)shall be,
deposited by EPA in the EPA 8azardous Suhstance Supaltind.
f. *Tbo Town shall not foreclose on the Property except in conformity with the
terms of this Agreement
In the event of a foreclosure of the Property or any portion thereof,the Town
shall continue to be bound by all the Imns and conditions,and subject to all the benefits,of this
Agreemet:4 except if EPA and the Town modify this Agrement in writing.
h. In the event 04 mom d=6 months after the effective date of this
Agreetnezt,the Town determincs that it would like to assume ownership of the Property for a
purpose that EPA and the Town agmc to,the Tovm may retain an interem ih the Property only if
the Town and EPA execute an agreement so allowing.Such agreement may provide for a
payment to the EPA as agreed upon by the Town arW EPA.
VII: rARLMMCQMtLJ_WJTR&G
JRA
19. hLeLvst gg We P_a.)MSpts:If Settling Party or the Town fails to make any payment
under$ection VI by the required due date,Interest shall accrue on the unpaid balmoe through
the date of payment
20.UM4M
Ad Penal
a. If any ambtmts due to EPA under Paraeqhs 17 and I$are not paid by the
mrWred due da*SettlinS Party shall be in violation of this Agreement and shall pay to EPA,as
a stipulated,penalty,in addition t6ft Interest miquirod by Paragraph 19,S-756per vioMon per
day that such pa*ent is latc�
b. If Settling Party does not comply with ths AVvcment,Settling Party sball be
in violation of this Agmement and shall pay to EPA,,as a stiputaWl-penalty,$750 per violation
per day of=&nonoomphanm
c, StipulaW penalties we due and paythk wida 30 days of the date of the
demand for payment of OW penaltics by EPA. All payments to EPA nnder this Paragraph"I
be identified as'%tipulated penaffiW and s1WI be mede by oatified or casbier"s check made
payable to-EPA Hazardous-Substance Suptfund.- The check,or a letter amompanying-the
che*shall referwoe the name and address'of ibe party(ics)maldug payment,the Shc U 'me,the
EPA Region mid Site S pill ID Number OIFN,anethe EPA docket N=ber 01-MIO-608.
d. Paaalties shall accrue as provided above regardless of whether EPA has
notified Seftling Party of the violation or made a 4cmand for paymcnt,,but need only be paid
upon demand. All penalties Aa begin to accroe on the day after payment or Performance or the
final day of conrection of the non'compliance or completion of the activity. Nothing herein shall
prevent the accrual of'separate pinalties:ibr separate violations ofthis Agreement.
e. Notwithstanding any offia provision of this Section,EPA may,in its
unrovievvible discietion,waive payment of any portion of ft stipulated penalties that have
ac4vtd pursuant to this Agr�cpient'. Payment of s4ulated penalties shall not exam Soraing
Party from compliance a3 required under Section VI(Payments and Terms for Release of Lien),
or from perfcamance of any other req*meots of this Agreernent.
9
21, In adMon to the Interest and Stipulated Penalty payments rNuired by this Section
and any odier remedies or sanction available to the United States by virtue of Settling Party's
failure to comply with the requirements of this Agreement,if Sdftg Party fails or refiLsm to
comply with any term or condition of this Agreerdent,it shall be s0ject to enforcerntnt action
pursuant to Section 1,22(hX3)of CERCLA,42 IJ.S.C-§9622(h)(3). If the United States brinss
an action to edorco this Agreement Settling Parry shall reimburse the United States for all costs
of such action,including but not limited to costsof attorney time.
Z2. If the Town fails to comply with any of the terms of'this Agreement,the Toft shall
be liable for all litigation and eAformnimt costs. incurred by the United States to tnfarct this
Agraeumt or otherwise obtain compliance with it.
VUL 8ALL_4J5j_ANDn=0FEEaM10?MLLF.N
23. Subject to the Effect of Settlement in Section N311 of this Agreement,WkEn thirty
(30)days of the date of closing for the sale ofthe Prqxsty or foreclosu=of tho Property by the
Town,EPA agrees to release and waivc any lien it may have on the Property under Section 107
(f)of CMC14 42 U.S.C. §M7(1),for costs incurred by EPA in responding to the,reloase or
tbreat of release of hazardous substances that were disposed of at the Site befom the effective
date of this Agreem=L EPA shall filt a ROcase:of Notim of�Pcderal Lien with die Hampden
County Registry of Decgh,Hampden County,CommotrweWth of Massachusett& 'Me Relew of
Notice ofFaderal Lien slmll release theNotice of Tltidtral.Ucn filed on October 30,2009,BK
18049,Fg 5n,#72,78,7,and shall not relem any other lien or encumbrance whicb'ruy wdst
ww the Property-
24. At the time that EPA releam W waives any lien it may have on.the Property,
EPA shall send notift to the Parties in'Accordanot with Section XV11(Notices and Subn*sions),
The notice shall refemce&e EPA Region and-Sitc/Spil)ldcntifioation Number OWN and EPA
docket number 0 1-201 0-00W.
Ix CQMN.&N_,T M T_Q&U-MV.1
.25. Except is specifically provided in Secfion X(Resmrations of Rights by EPA),EPA
covenants-not to sue or to take M�nisftative action against Settling Party pursuant to Section
107(a)of CERCLA,42 U.S-C� §9607(�),to h=vtr Past Response Costs, TVi covcmt shall
take effect upon receipt by EPA of all amounts required by Section VI(Payment and Twm for
Release of 14en)and any arnount due=der Section V1f(Failure to Comply with Agreement).
This.covenant not to we is conditioned upon the satisfatory porformsoce by Settling Party of its
obligations under this Agreement.This oovens*not to we is also conditioned Mm the veracity
and completeness of the Financial information provided to EP'A by Settling Party. If the
Financial Information is subsequently dewmined by EPA to be false or,in any material respec�
inaccurate,Settling Party shall forWit all payments made pursuant t6 this.Agroement and the
covmut not to sue"I be null and void. Such forfeiture shall not constitute liquidated
10
damages and dtAll riot in any way preclude EPA's right to pursue any other c:auses of action
Wisin from Settling PsYWS falso or materially inaccurate infbrmation. This covenant not to sw
extends only to Scaling Party and does not extend to;my other pemn.
X AEk9&Y&UQN_SQF RIrZ.HTS AX-RA
26. EPA reserves,and this Agreement is witborutprc�udioc to,a Agbts against settling
Party with respect'to all matters not expressly included within the Covenant Not to Sue by EPA
in Paragraph 25. Notwithstanding any other provision of this Agreement,EPA reser-mcs all rights
against Sdftg Party with respect to-
a. liability for faiture of Stifling Party to med a requirement of IMs Ap)eernent;
b. crimind liability,
c. liability fbr damages for injury to,destruction of,or loss of natural resources,
and for the costs of any natural resource damage assessments;
d. liability for cost incurred or to be incurred by the United States that are not
within the definition of Past Respme Costs;
e. liability for injunovo relief or administrative order enforcement under Section
106 of CERCL4,42 U,S.t. §9606;
E liability atising ftm the pas�present,or firturt&sposal,release or*mt of
reJease of a hazardous substance,pollutant,or contaminant other than at the Site;and
g. liability,based Von Settling Party's ownership or operation oftbe Site,,or
upon Settling PWs transportadort,trudweni�starsM or disposal,or the arrangcvwnt for the
transportation,trcalunent,storne,or disposaL,of a bazedous suibstance or a solid waste at or in
connection with the.Site,after siStature of this Agreement by Settling Patty.
27, Notwithstanding any odw provision of tMs Agreement,EPA reserves,and this
Agreement is without prejudice to,ft right to reinstitute or reom ttds action,or to conarienbe a
new action seeking relief other than as Provided in this Agreement,if the Financial Information
provided by Settling Party,or the financial certification made by Settling Party in PanWVh
44(b),is false or,in any material respect,inaccurate.
28, NotwifttaxIiAg any oil=proyWon of this Agroment,EPA reserves 4 rights
agahit the Town with respect to:
a. liability fbr Wure of the Town to meet a requirement ofthis Agreement; and
b. liability based on the Town's deprivation of any procedure]or substantive Tight
auted ha EPA pursuant to the terms of flis Agrecmcri�or by any mute,inoluding but not
limited to 2$U.S.C. §2410.
29., Nothing in this Agreement is intended to be not shal)it be mnstued as a release,
covenant not to sue,or compromise of any claim or cause of action,adrninistmtive or judicial,,
civil or aiminal,past or fiftre,in law or in equity,which EPA,may have agabw any peTsm
firm,corporation or other entity not a signatory to this Agreement.
XL O—vnN=ILO—T To ffs—a ffam=rAR—TY
-30, Settling Party agrees not to assat any claims or causes of action against the United
States,or its contmciors or employees,with respect to the Site cir this Agrmumt,including WE
not limited to:
a. any dired or indirect claim for rtimburscment ftm the EP A Hazardous
Substance Superfund established by 26 U.S.C.J 9507,based on Sections 106(b)(2), 107,111,
112,or 113 of CUCLA,42 U.S.C. ff 9606(b)(2),1607,9611,9612,or 9613,or any other
provision of law,
b. any claim arising out of response actions at or mi connection vA the Site,
induding any rJairn under 1heUnited States C;onstitution,the Commonwealth of Massachusetts
Constitution,the Tucker Act,29 U.S.C.§ 149 1,tbe Equal Access to Justice Ail,28 U.S.C,
2412,as amended,or ai common lamr,or
c, anyttaim against the United States purmLaht to Sections 107 and 113 of
CERCLA,42 U.S.C.ff 9607 and 9613.relating to the Sitr—
Except as provided in Paragraph 32(Waiver of Claiins)and Paragraph 37(Waiver of Claim-
Split*Defonses),these covenants,not to sue shall-not apply in the event the United Swes.
WiW a-cause of acdon or issues an order pursuant to the rwervefions set forth in P=graph
We)-(g),but only to the extent did Settling Party's claims wise from the same response action
or response cosU that to United States is seeking pursimt to the applicable reservation.
31.-Nothing m this Agreement shall be ileemed to constitute approval or pteauthorization
of a claim,within the meaning of Section I I I of CERCLA,42 U-S-C %I I,or 40 CY.R.
300,700(d).
32. Settling Party agrm not to assert azyqlaimsor causei 46cticd that it ivayhavt
for all matters relating to the Site,including for oontribution,against any otlta person. This
waivvr shall not apply with respect to any defenM claim,or cause of action that a Settling Party
may have.against:any pemon if such person asserts a clairn orcaust of action relating to the Site
against such Settling Party-
12
XH- 90—MAU NOT TO SUE RY LO
W_N
33. Tbc Town agrees not to assat any claims or causes of action against the United
States,or itscontractors.or employees,with resped to the Site or this Agreement,pursmt to 28
U,S.C. §2410 C'Actions Affecting Property Upon Which The United States Has A Licn�J.
M. LFF
M O_V LIE�EM�RN
34. Except as provided in PwVVh 32,nothing in this Agreement shall
be construed to crtate any rights in,or grant any causes of action toany person not is Party to
this Consent Decree. The Parties vVessly reserve any and all rights(including,but not limited
to,any right to contribution),defenses,claims,demands,and causes of action 9M they may have
with respect to any matter,transaction,or occurrence relating in any way to the Site against any
persm not a PaTty herdo.
35. Nothing in this Agreement dinxinishea the right of the United Stales,
pursuant to Section 113(f)(2)and(3)of CERCLA,42 U.S.C. §9013(f)(2�(3),to pursue
any
such persm,to obtain additional response costs or response action and to enter into settlements
that-give rise to coutnibution protection pmuent to Section 11 3(fX2).
36. The Parties agree tW this Agmemcfit constitutes an administrative sedfletnent for
purposes ofSectign 113(t)(2)of CERCI-A,42 U.&C, §9613(f)(2),and that Settling Party is
entitl4 a of the efrective date,w ptotection ftm contribution actions or claim as provided by
Sections I I 3(f)(2)and 122(h)(4)of CERCLA,42 U,S.C, §J 9613(f)(2)and 962.2(hX4),or as
may be otherwise provided by law,for"matters addresseV in this Agreement The'Matters
addressed"in this Agromeat are Past Rmponse,Costs. The Parties fW*a agree that this
Astecravat,constitutes an administrative sevlanent for purposes of Section I I 3(f)(3)(B)of
-CFACLA,42 U.S.C. §0613(f)(3)(B),pmmwt to which Sottling Party ha-%-ax ofthe Effe*w
Date�resolved its liability to die Uzited States fbr Pas RaWnse Costa.
37. in any�ubsequent admftdstrative or judicial prootoding ibidatedb�the United States
'for injimcfive rtfie4 recovery ofresponse costs,or other rdief relating to the Site�Settling Party
shall not assert,and may not maintain.any defense oT claim based upon the principles of waiver,
resiu&cata�collateral estoppel,issue preclusion,claim-splifting,or other defdam based upon
any cmtention that die claims raised by the United States in the subsequent proceeding were or
should have beert addressed in tins Agreement;provided,however,that nothing in this Paragraph
dku the enfxceability of the Covenant Not to Sue by BPA so forth in Section DL
MV.
38. Commancingulm the Effective Date of this AVvemeat Settling Party and the
Town agree to provide EPA and its representatives and contractors aocess at all reasonable times
to the Site and to any other property owned or controlled by Settling Party and the Town to
which access is demnined by EPA to be required fbr the implementation ofthis Agrement,or
for the purpose of oonducting any resportse aedvity Mated to the Site,including but not limited
to:
a, Monitorin&iuvestipt:ion,rtrnoval.remadial,or other activities at the Site;
b. Verifying any data or information submitted to EPA,
C. Conducting investigations reWng t000ntarninmion at or near the Site;
d. Obtaining samples;
t Asswing tho need ft p1ming,or implementing response actions at or near
the Sitw,and
f- In#ecting and oopying records,opa-ating lop,contrum,or other docurnents
maintained or gweraW by Settling Party or its agezrrtsi,Oonsisterit with Section
XV(Access io Information).
39. Notwithstanding any provision of this AMvement,EPA raWas all of its aems
authorities and rights,including mfbrcement authorities Mated thereto.under CERCLA,RCRA,
and any otha applicable stalUtes or regulations.
XV. &QCF�-§LXO
&Eawk4—*nON
40. Setdi Party shall provide to EPA,upon.reques�copies of all records,reports,or
ng
infinnation(herciufter rcf�rrcd to as*tecords")within its possession or watrol or that of its
contictm oT qpa relating to activitia at the�Site,iw�but not limited to,sarnplm&
aWysis,chain of custody records,maniteo,tucking logs,receipts,rqxxu,sample ftuffic
rout:mg,convspondence,or other documents or information Mated,to the Site.
CovfidMgAj-Rujjneft e d Dogw�gm
on xmA-MW 29_
a. Settling"may assat busin"s confidentiality clam covering put
or all of die records mibmitted,to EPA=der this AV=rnent to 1310 vaern permitted by and in
acewdanoe with Stodon 1,04(e)(7)of CERCLA,42 U.S.C. §%WeX7),and 4-6 C.F.R-2103(b).
Records,determined to be confidential by EPA will be acoorded The protection specified in 40
C.F.R.Part 2,Su6pmrt B. tf no claim of confidentiality a6comparnes reco:r*wbtn they we
submitted to EPA,or if EPA bas notified Settling Parties that the records ate not caffldential
under the standards of Section 104(e,)O)of CEkCLA or 40 C.F.R-Part 2 Subpart B,the public
way be gives acms to such records without Rrdw notice to Settling Partiet
b. Settling Party may=ert that=tain records we pTivileged under the
anom"Hent privilege or ay other privilege recognized by federal law. IfSeftling?ariy
anerts sucb a privilege in lieu of providing records,it shall provide EPA uith the,followilw. 1)
14
the title of the reco*2)the date of the record;3)the name�title,aftsfion(e.g.,Company or
firm),and addrm of the author of the teond-,4)the name and title of each addressee and
recipient;5)a description of ft sul�ect of the record;and 6)the privilege,asserted. If a claim of
privilege applies ody to a portion of a record,the record shall be provided to EPA m redacted
form to mak the,privileged Wormation only.'Settling Party Shall retain an records that it claims
tD be pfivileSW until the United States has had a msonable- opportunity to dispute the privilep
claim and any such dispute has bm resolved in Settling Partys favor, However,no reoords
awed or generated pumusat to the raquin=cnts of this or any othtr settlement with the EPA
pertaining to the Site shall be vdthheld on the grourds that they are privileged.
4 1, No claim of confidentiality shall be made with respect to any data,including butnot
limited to,all sampling,analytical,monitorin&�Y&seologic.scientific,chemical,or
tnemccring data,or any odw docunients or information evidencing conditions at or around the
site.
XVL
42. 'Until ten(10)yews after the Eftective,Date of thk Agreement,Settling Party shall
preserve and retain all records now in its posassion or oontrot or witich come into its possession
or control.that relate in any manner to respowe actions W=a the Site ot to the liability of any
pawn axler CERCLA with respect to the Site.,mguffless of any corporate reftntion policy,to
the contrary.
43. After the ooncl usion of the ten(10)year dotument re.6ation-period in the.preceding
parqMh,Settliq Party 4WI notify EPA at lea%90 days prior to the destruction of any such
rewrds,and,Mm request by EPA,Settling Pany shall deliver any awh records to EPA. Settling
certain records=pAvileged under the aM=e��client privilqr-or any
Party may Mest tw , . - I
other privilege recognized by federal law. if SvWWS Party asserts P-wh a privilcM it
provide EPA with flie followi ng; 1)the tide of the record;2)the date of the reicoid;3)the mme,
title,Itffilisfion(e.g.,company or firm.),and addr=of the author of the moa*4)the name aDd�
title of cach addressee and rvdpicn�5)a d:cscriptioxi of the subject of the,record;and 6)ft
privilege asserted, If&cWm ofprivilege applies only to a portion of a mcord,the record shall be
pr(Mded to EPA hi redacted form to==k the privileged information only, Settling Party shall
retain an records that it claims to be privileged until EPA bas hW a r=mnable opporttwity to
&pft the privilege claim and,any sub dispute has been resolved in Settling PartYs favor.
However,no records created or generated puftant to the requimnvnis of this or any other
seffl=ew with the EPA pertaining to the Site,sball,be withheld on Ihe vxm&That they am
privile ' d
XVII.
44. Settling Party hereby certifies individually that,to ft best of its knowledge and
belief,after thqrcughinquiry�it hu:
15
a. not altered,mutilated,discarded,destroyed or otherwise disposed of any
records,reports,or information relating to its potential liaWity regarding the Site since
notification of potential HAility by the Maited States or the State or*c filing of suft against it
mgm-ding the Site wW that it has fully cornplied with any and 4 EPA requests for ftd=mdon
pursuant�o Sections 104(e)and 122(e)of CERCLA,42 U.S.C. §§9604(t)and 9622(c),,and
Soction,3007 of RCRA,42 U.S.C.§6927;
h- submitted to EPA Financial Information that fairly,acocurately,and tusteriall
y
sets forth its financial cimurnstances,ad dut those circumstances have not matetially changed
between the time the Financial Infwmation was submitted to EPA and the time Settling Party
executes this Agreement4 and
c. fully disclosed the existence ofanyinsuranoe po�cics that may cover claims
relating to the cleanup of the Site.
XVM- &=E—s AM"UMMISHMS
45. Whenever,under the tdm of diis Agmement,notice,is required to be
given or a document is required to be sent by one party to anoilter,it sW be directed to the
individuals at the addresses specified below,unless those individWs Or their successorsgive
notice of a change to the other Parties in writin&Wriumnotice as specified hericin shall
constitute cornplete satisfactionof any written.notice requiraneat of the Agreement with respect
to EPA,the Town and,Settlmg Party�
Stevw R.Novick
�064 Emergency Response and Removal Section 11
US.EPA,Region I
5 Post Office Sqwur,Suift 100
Bostm MA 02109-3912
Gregory Dain
Office of Environmental Stewwdship
U.S.EPA,Region I
5 Post oi�oe Square,Swft 100
Bo�ton,MA 02109-3912
David Tornstrom
Regional Cbmptroller's Offlod
U.S.EPA,Region I
5 Post Offioe Sqqare'Soit� 100
jaoston)MA 02109-3912
16
&I pq the Town:
Dawn Bloom
Benenson and Bloom
116 Pleasant Street,Suite 340
Eashamptoti,MA 01027
:&s In soft parlE
Mitcbell T.ADM Esq.
276 Belmont Ave
Springfield,MA01108
M. GR TIOMMUTICIS
46. This Agreement and all appendices d=ft constitute the final,complete and
exclusive AMement and unders:tanding between the,Pailies:with respect to the settlement
embodied in this Agreement, The Parties acinowladp that there am no representations,
Agreements,or undersUndings rcladq to the settlement offier d=those expressly contained in
this Agreement. The fifflowing appendices am attacbed to and iumporated into this Agreement
Appendix A is a list of the financial documents submitW to EPA by SeWitig Party.
X)L LOLLIMMMM
47. This Agreement shall be subject to a public comment period of not less than 30 days
pum-wt to Section 122(i)ofCERCLA,42 U.S,C j%22(Q. In apomlance with Section
122(iX3)of CERCU,,EPA may modify or wRhdnrw its consent to this Agreement if comments
Y=ved disclose facts or ooniderations which indicate that this Agreement is inap�tc,
improM,or inadequate,
XKf. APMOVAL
4& IU Attorney GenervI or his designee bas opproved the's0flaned embodied in this
Agreement in accordance with Section 12*Xl)of CERCLA,42 U.S.C. §9622(h)(1).
XXIL A=
49, Tle effwtive daft of this Agreement sW be the daft Von which EPA issues writen
notice that the public comment pffiod pwsuant to Paragraph 47 has closed and that comments
rwdv4 if any,do not require modificalion of or withdrawal by EPA from this Agreemem
17
Tr IS$0 AGREED-*
FOR THE AGAWAM SPOM.MAbM CLM INCORMRATED:
Dift. ide
L;e
P019L TM TOWN OP AGMANL
Ifi4
FOR THE V.&ENVMONNMb7A,.L PROTEMON AGENCY-
Date:
's T�
-oz.,
Dkoctor
Offimufs
US.Enviw�tsl Protection Agency,
Rotan I
5 Post Office Squmv,suite 100
Bcstm,MA 02109
20
A-PPENDIX A
1, Settling Party's March 3,2010 written response to EPA's request for financial inforination,
01�31/2012 15:10 ITown of Agawam JPG I
lap JREAL ESTATE TAX STATEMENT itxtaxstm
PARCEL- M12-02-0003
LOCATION� 358 CORBY ST
CURRENT OWNER: CURRENT STATUS:
AGAWAM SPORTSMAN'S CLUB IM ACRES,� 5.520
PO BOX 341 LAND VALUATION- 125,300
AGAWAM MA 01001 BUILDING VALVATIM 120,900
EXEMPTIONS: 0
TAXA13LE VAJUATION 246,200
LEGAL DESCRIPTION:
DEED DATE� 06/14/1946 BOOK/PAGEt 1027/464 INTEREST DATE: 01/31/2012
YEAR TYPE BILL
INST CHARGE BILLED PRIN DUE INT DUE TOTAL DUE
-----------------------------------------------------------------------
2012 RE-R as
I COt*q RE 1,743,10 1,743.10 122.35 1,865�45
CPA SURCM 11.43 17.43 1-22 18-65
--------------------- --------- ------I-----
1,760.53 1,76D�53 123�57 1,004.10
2 COMM RE 1,743.09 1,743�09 60.84 1,803.93
CPA SURCHA 17,43 17,43 .61 18.04
------------------------------- ----------------—--------
1,760.52 1,760�52 61.45 1,021.97
3 COMM RE 1,760,33 2,760.33 �00 1,760.33
CPA SURCH[h 17.61 17.61 .00 17.61
--------------------------------------------------------
1,777,.94 1,777�94 -00 1,777.94
4 COMA RE 1,7M33 1,790.33 1,760,33
CPA SURCHA 17.60 17.60 .00 17�60
----------------------------------------------------------
1,777.93 1.777�93 .00 1,777.93
---------------------- -------------I------
7,076�92 1�076�92 185.02 7,261.94
2011 LIEN I
I COMMERCIAL 6�972�30 6,972.38 492.08 1,464.46
CPA SURCHA 69,72 69.72 4.92 74.64
DEMAND FEE S100 5100 -35 5-35
JNTTXG 672.61 612�61 .00 672.61
---------------------------------- ------- ------
7,719�71 7,719�71 497.35 8_2�7.06
-------------------- -------------------------------------
7,719.71 -7,719,71 497�35 8,217,06
2010 LIEN I
I COMMERCIAL 6,870.49 6,878-49 1,579-99 8,458.41?
CPA SURCHA 68�18 68,78 15,60 84.50
rlEYJUTD VEE .5,00 5100 1.15 6.15
INTTKG 665�61 665-61 .0D 665.61
QJ/31/2012 15:10 ITown of Agawam JPG 2
lap IREAL ESTATE TAX STATEMENT I txtaxsrm
YEAR TYPE BILL
INST CHAROE B:LLED PRIN DUE INT DUE TOTAL DtW
---------------------------- ------------ ----------- --------------------------
--------------------------------------------------------
7,617�88 7,617,89 1,596.94 9,214.82
------------- ---------- --------------------------
7,617.88 7,617.88 1,596,94 9,214,82
2009 LIEN 3
i COMMERCIAL 6,749�57 6,749�57 2,618�49 9,368.06
CPA SURCHA 67,50 67�50 26,19 93.69
DEMAND FEE 5�90 5�co 1,94 6,94
INTTXG 637.05 637�05 .00 637.05
----------------------------------------------------------
7,459,12 7,459-12 2,646�62 10,105�74
---------------------------------I----------------------
7,459�12 7,459.12 2,646,62 10,105.74
20D8 LIEN 97
i COPMRCTAL 6,500.20 6,500.20 3,561.78 10,061-96
CPA SURCHA 65.00 65�00 35.62 1W62
DEMAND FEE 5-00 5.00 2.74 7.*74
AD PREP 10-00 10.00 5.48 15.48
ADVERTISEM 20.00 2G.G0 10.96 30.96
POST NOTIC 5.00 5.00 2.74 7.74
RECORD INS 75-00 75-00 41�10 116.10
PREPARE IN 10.00 10�00 5-48 15.48
lrn?K(3 $31.76 831.76 �00 831.76
PREPARE RE 10.00 10.00 .00 10.00
RECORD RED 75.00 75.00 -oa 75.00
----------------------------------- ----------------------
7,606.96 7,606.96 3,665.590 21,272.86
------------ ---------------------------------------
7,606.96 7,606.96 J,'665.90 11,272.86
GRAND TOTALS 37,400.59 37,480.59 8,591,83 / 46,072.42
W2 2 1 1 of I COMMERCIAL TOTAL ASSESSED: 246,200
Map Block Lot CARD Town otAgawam !10371!
ROPERTY LOCATION N PROCESS APPRAISAL SUMMARY
No Alt No DirectioniStreet/City Use Code Building Value Yard Items Land Size Land Value Total Value
.egal'OesefiRtion User Acci
358 ICOREY ST,AGAWAM 353 120,500 400 5P520 125,300 246�200
)6LNERSHIP GIS Ref
)wner 1:AGAWAM SPORTSMAN'S CLUB INC. ; ---- 13
)wner Z i %G;11 So R-ef
:1 Total Card 120,500 400 5.520 125,300 246,200 Entered Lot Size
tow Parcel 120,500 400 5.520 125,300 246,200 TOW Patriot
Street 1,-1,P0 BOX 341 11 sp E�ate
,IAdj Coll ter 0 uo�/Carctlg.63 I/Parcel� _n _ _ prWr&s Inc.
Street 2,1 06/160
��CA:AGAWAM EVIOUSA36E Iq Parcel ID M USER DEF NED
SI/Prov;MA Own Occ]Y -Tax Yi Use Cat 81!N Value Yrd Items Land Size Land Value Total Value Asses!d value- ifes- Date _Er*r Id k 1�,191
Postal:01001 2011 353 FV 120,500 400 5.52 125,3DO 246,200 246,200 Year End 101""0'0 PRINT Prior Id#2:19 10
Poor Id#3:1910
EVI S OWNER 2010 353 FV 123,000 400 5,52 130,700 254,100 254,100 Year End 02W009 i Date I The_
)wner 1: 2010 353 Test 126,500 400 5,52 133,300 259,200 259,200 prior to calc chng 1 0/212009 Prior Id#1:0260
)wner 2� - 20N 353 FV 125,500 400 5�52 133,300 259,2DO 259,200 1013012008 Prior Id#2:0270
2009 3�3 PV 126,500 400 6�52 133,300 255,200 259,20010ERT SUBMISSION 1011woolt, LAST REV Prim Id&3: 0
2008 038 FV 13900 4600 5,52 141,874 286,274 253, IOQ=7 Date-4-Time --phw to#1�S OF PI
09
.48'17�
Prior
2008 038 Test 148,70D 4600 5,52 122)50 275,550 247,3131PRIOR TO INTERIM AW 813=7 09117= 09;48:17 Prior[Wi
St/Prov: V2007 038 EX 148,700 4600 5,52 122 50� 275,550, 247,3131yqKEnd Roll 112110M apro Prior Id#3!
RATIVE DESCRIPTION SALES INFORMATION TAX DISTRICT PAT ACCT. 10 _��SR Mtp�
iis Parcel contains 5.52 ACRES of land mainly classified as Grantor Legal Ref Type Date Sale Code Sale Price V Tst Vent Assoc PCL Value Notes - Fact Dist:]
WRNIL vAth a(n)LODGE Building Bulft about 1955,Having 1827464 611411946 No No Reval Dist�
'imadly CONC BLOCK Exterior and ASPHALT Roof Cover, ?�D��RCEL 1881257 1213111940 No No
Yead
th 1 Units,0 Baths,4 Half8aths,0 314 Baths,0 Rooms,and 0 LandReason:
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3de Fact FacV Value tn% Mod k Value CW3 Land Code
353 FRATRNL 43560 ISO FT StTE 0 1,66 0.90 CF 0.94 T2 67,971 68,ODD
1153 FRATRNL' 4,52 (ACRES EXCESS 0 L4,3ft 0287 CF 0.04 T J24 57,3DO
itai X16W.5 52000 Total,SFISM:124 Lie 353 FRA: DwICOM FR 125,2951 -pI EnTditl
I I Parcet [S
isclaimer:This Information is believed to be correct but is subject to change and is not wartranteed, Database:FY2012 apro 2012
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4 191,10
To: Fichaxd All Cohen,Mayor
From,. Christopher C.Johnson, Council President
Re: Agawam Sportsman's Club (rR-2012-2)
Date: January 31, 2012
Think you for your letter. dated January 25, 2012 regarding the above referenced
agenda item, Ile contents of your letter have generated the following questions from
Councilors-.
I You indicated in your letter that "during recent sampling of the Sportsman's
Club property and abutting prop" owned by the Town of Agawam, trace
amounts of lead and arsenic were found" — Does the town have a copy of the
test mults?
2. You also indicated in your letter that "An agreement by and between the EPA
and justice Department alows the Torwn to collect on a percentage of back taxes
owe&'—Is the town a party to this agreement and does the town have a copy of
the agreement?
3. How much is currently owed in back taxes and what is the amount of the
proposed abatement approved by DORP Is the town's request and DOR's
approval in writing?
4. Is the property currently on the tax rolW
Thank you for your assistance with this matteri, and please do not hesitate to contact
me with any questions.
Very truly yo
ve I Uu'
7 yo
qChtistopher C. nson!
To-&wn v,---f A a-, W am
Interoffice Memorandum
To: Agawam City Council
CC: Barbara Bard, City Council Administrative Assistant
From: Richard A. Cohen, Mayor
Date, 1/26/12
Subject* Agawam Sportsman Club
I have received questions from several councilors in regards to TR-2012-2, therefore, I
have enclosed a letter for your review and to inform you of the Administration's position
on this matter.
Thank you,
x�"'lx'//' -
Richard A. Cohen
Mayor
FRom THE DESK OF—
REBECCA SUDREAU
ADMINISTRATIVE ASSISTANT
TOWN or AGAWAM
36 MAIN ST
AGAWAM,NIA 01001
rbudreau@agawam.ma,us
413-786-0400 X 201
Fax:413-786-9927
Town of Agawain
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-796-9927
January 25,2012
Agawam City Council
Christopher C. Johnson,President
Dennis Perry,Vice President
George Bitzas, Councilor
Cecilia Calabrese,Councilor
Paul C. Cavallo,Councilor
James P. Cichetti,Councilor
Gina Letellier,Councilor
Robert A. Magovern, Councilor
Joseph Mineo,Councilor
Donald M. Rheault, Councilor
Robert E. Rossi, Councilor
Dear Councilors:
I am asking for your support of TR-2012-2 which you will be voting on,at your
Febntary 6, 2012 meeting. By passing this Resolution, the fonnet-Agawwn Sportsman's
Club will be one step closer to redevelopment and this once contantinated property will
be restored to a useful, tax generating status.
During recent sampling of the Sportsman's Club property and abutting property
owned by the Town of Agawam, trace amounts of lead and arsenic were found to still be
present despite a comprehensive cleanup initiated by the EPA. These contaminants only
present a public threat if vegetation is grown and consumed. The Town has no intention
to ever grow food on this particular site since it is a wetland. The use for this purpose
would be a violation of the Massachusetts Wetlands Protection Act. Also, preliminary
plans for, the final phase of the School Street Park leave this area. undisturbed and
separated from public recreational activities by a detention basin.
An agreement by and between the EPA and Justice Department allows the Town
to collect on a percentage of back taxes owed and provides for the proper discharge of the
$817,000 lien as a result of remediation to this site. We have also obtained property tax
abatement authorization from the DOR on this property. The DEP views these parcels as
one contiguous "site" even though there are separate owners and boundary lines.
By placing the proposed deed restriction on the property, the property owner will
be able to fulfill the requirements necessary to allow for the use of the Sportsman's Club
property once again. The Council voted on December 19, 2005 to rezone the
Sportsman's Club property to Residence A-3 allowing for the construction of
condominiums or apartments after approval of the Planning Board and Conservation
Commission. I feel that it is in the best interest of the Town and its residents to return
this property to the tax rolls and allow for its development.
Sincerely,
Richard A. Cohen
Mayor
TR-2012-2
A RESOLUTION PLACING RESTRICTIONS ON A PORTION OF THE SCHOOL
STREET PARK PROPERTY
(SPONSORED BY COUNCILOR ROBERT MAGOVERN)
WHEREAS, the Town of Agawam owns certain real property with improvements
thereon known as the "School Street Park" as described in a deed dated February 11,
2002, to Town of Agawam, recorded with Hampden County Registry of Deeds in Book
12193, Page 85; and
WHEREAS, the Agawam Sportsman's Club owns certain real. property with
improvements thereon known as the "Agawam Sportsman's Club" 358 Corey Street as
described in a deed dated June 8, 1946, to Agawam Sportsman's Club, recorded with
Hampden County Registry of Deeds in Book 1827, Page 464; and
WHEREAS, both of the parcels share a common boundary line; and
WHEREAS, the parcels contain residual hazards associated with contaminates
and volatile organic compounds, and
WHEREAS,' the Massachusetts Department of Environmental Protection
addresses contamination that crosses boundary lines of parcels as one site for
purposes of managing the clean up; and
WHEREAS, an MCP Method 3 Risk Assessment was conducted upon the site
and based upon the recent and historical soil sampling at the site the site does not pose
a human hazard if no consumable fruits and vegetables are grown on the site; and
WHEREAS, Mr, Thomas Duffield, the Licensed Site Professional, of Duffield
Engineering and Consulting has stated that a restriction should be placed upon the site
restricting the growing of fruits or vegetables and excavation into the ground within the
boundaries of the site; and
WHEREAS, the restrictions constitutes an interest in and affects title to real
estate owned by the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to place restrictions
on the property jointly with the owners of the Sportsman's Club; and
NOW THEREFORE, the Agawam City Council hereby resolves to place the
following restrictions upon the site "growing vegetables or fruit and excavation into the
ground shall not be allowed without addressing the health hazards associated with
residual contaminates and volatile organic compounds." And furthermore, to authorize
the Mayor to execute any and all documents necessary to effectuate the placing of the
restriction on the site,
DATED THIS DAY OF 12012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
LAPPfRaOVE S TO FORM AND LEGALITY
Vince S(P��Gioscia, Solicitor
RESTRICTION AGREEMENT
Between the TOWN OF AGAWAM and the Agawam Sportsman' s Club
The parties to this Agreement are the Town of Agawam, located at the 36
Main Street, Agawam, MA, and the Agawam Sportsman' s Club, located at 358
Corey Street, Agawam, MA, and hereinafter referred to as the Grantors.
WHEREAS, the Grantors are the owner in fee simple of certain real
property with improvements thereon known as the School Street Park as
described in a deed dated February 11, 2002, to Town of Agawam, recorded
with Hampden County Registry of Deeds in Book 12193, Page 85 and certain
real property with improvements thereon known as the "Agawam Sportsman' s
Club" 358 Corey Street as described in a deed dated June 8, 1946, to
Agawam Sportsman' s Club, recorded with Hampden County Registry of Deeds
in Book 1827, Page 464; and
WHEREAS, the Grantors wishes to impose certain restrictions, obligations
and duties upon it as the owner of the Premises and on the successors to
its right, title and interest therein, with respect to the growing of
fruits and vegetables as well as excavation; and
WHEREAS, the Premises may contain residual hazards associated with
contaminates and volatile organic compounds; and
WHEREAS, the description of the restricted area is as follows:
Beginning at a point on the northwest corner of land now or formerly
owned by the Town of Agawam on the edge of the southern Right of Way for
Corey Street running S090311-15-W for a distance of four hundred eighteen
and 36/100 (418, 36) feet, thence S83052115"E for a distance of one
hundred fifty-one and 75/100 (151.75) feet, thence N06044145" for a
distance of four hundred sixty-seven and 84/100 (467.84) feet, thence in
a southwesterly direction along the southern Right of Way of Corey Street
to the starting point,
WHERAS, the description of the restricted area is located on both the
Town parcel and Sportsman's parcel as show on exhibit "A" attached
hereto; and
NOW THEREFORE, for good and valuable consideration the grantors hereby
state that this area shall be restricted from growing vegetables or fruit
and excavation into the ground shall not be allowed without addressing
Page I of 4
the health hazards associated with residual contaminates and volatile
organic compound.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2012.
Agawam Sportsman' s Club
�Y:
Name:
Title,
COMMONWEALTH OF MASSACHUSETTS
Hampden,ss. 2012
on this day of 2012, before me, the undersigned
notary public, personally appeared I
proved to me through satisfactory evidence of identification, which was
0 to be the person whose name
is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes.
Notary Public
my Commission Expires
IN WITNESS WHEREOF, the Agawam City Council has accepted the
Restriction Agreement conveyed hereby and Mayor Richard A. Cohen, mayor
of Agawam, has signed and acknowledged this instrument on behalf of the
Town of Agawam and shall cause it to be recorded with the Hampden County
Registry of Deeds on behalf of the City of Agawam, Massachusetts, on this
day of 2012.
By:
Richard A. Cohen
Mayor
COMMONWEALTH OF MASSACHUESTTS
HAMPDEN, ss
On this days of 2012, before
me the undersigned notary public, personally appeared Mayor Richard A.
Cohen to me through satisfactory evidence of identification, which were
Page 2 of 4
the 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,
Notary Public
My Commission Expires:
Exhibit "A"
Page 3 of 4
Lo 0.
oo
AGAWAM mrA or Dm
SPORTSMAN fWM00N SCHOOL
wmw sclom
CLUB SMM PAW STREET
PARK
GUN RANGt
AFO OF OEM
OND
P
E 15;,75'
TO)AN OF AGAWAM
DEPARTMENT OF PUBUC WORKS
AREA OFDEED RESYXIC770N
1%
V#mom=Am* I m"7 1101 a
FA
ITED
Town of Acrawam
5
Interoffice Memorandum
To.- Agawam City Council
CC: Barbara Bard, City Council Administrative Assistant
From- Richard A. Cohen, Mayor
Date: 1126/12
Subject: Agawam Sportsman Club
I have received questions from several councilors in regards to TR-2012-2, therefore, I
have enclosed a letter for your review and to inform you of the Administration's position
on this matter.
Thank you,
Richard A. Cohen
Mayor
lob
FRom THE DESK OF...
RF-13ECCA E3UDRFAU
ADMINISTRATIVE ASSISTANT
TOWN or AGAWAM
36 MAIN ST
AGAWAM,MA NOO I
rbudreau@agawam.ma.us
413-786-0400 X 201
Fax:413-786-9927
A Agawam
Town
36 Main Street Agawam, Massachusetts 01001-1837
N7 Tel. 413-786-0400 Fax 413-786-9927
January 25, 2012
Agawam City Council
Christopher C. Johnson, President
Dennis Perry, Vice President
George Bitzas, Councilor
Cecilia Calabrese. Councilor
Paul C. Cavalio, Councilor
James P, Cichetti, Councilor
Gina Letellier, Councilor
Robert A. Magovern, Councilor
Joseph Minco, Councilor
Donald M. Rheault, Councilor
Robert E. Rossi, Councilor
Dear Councilors:
I am asking for your support of TR-2012-2 which you will be voting on at your
February 6, 2012 meeting. By passing this Resolution, the former Agawam Sportsman's
Club will be one step closer to redevelopment and this once contaminated property will
be restored to a useful, tax generating status.
During recent sampling of the Sportsman's Club property and abutting property
owned by the Town of Agawam, trace amounts of lead and arsenic were found to still be
present despite a comprehensive cleanup initiated by the EPA, These Contaminants only
present a public threat if vegetation is grown and consumed. The Town has no intention
to ever grow food on this particular site since it is a wetland, The use for this purpose
would be a violation of the Massachusetts Wetlands Protection Act. Also, preliminary
plans for the final phase of the School Street Park leave this area undisturbed and
separated from public recreational activities by a detention basin.
An agreement by and between the EPA and Justice Department allows the Town
to collect on a percentage of back taxes owed and provides for the proper discharge of the
$817,000 lien as a result of remediation to this site. We have also obtained property tax
abatement authorization from the DOR on this property. The DEP views these parcels as
one contiguous "site"even though there are separate owners and boundary lines,
By placing the proposed deed restriction on the property, the property owner will
be able to fulfill the requirements necessary to allow for the use of the Sportsman's Club
property once again. The Council voted on December 19, 2005 to rezone the
Sportsman's Club property to Residence A-3) allowing for the construction of
condominiums or apailments after approval of the Planning Board and Conservation
Commission, I feel that it is in the best interest of the Town and its residents to return
this property to the tax rolls and allow for its development.
Sincerely,
Richard A. Cohen
Mayor
TR-2012-2
A RESOLUTION PLACING RESTRICTIONS ON A PORTION OF THE SCHOOL
STREET PARK PROPERTY
(SPONSORED BY COUNCILOR ROBERT MAGOVERN)
WHEREAS, the Town of Agawam owns certain real property with improvements
thereon known as the "School Street Park" as described in a deed dated February 11.
2002, to Town of Agawam, recorded with Hampden County Registry of Deeds in Book
12193, Page 85; and
WHEREAS, the Agawam Sportsman's Club owns certain real property with
improvements thereon known as the "Agawam Sportsman's Club" 358 Corey Street as
described in a deed dated June 8, 1946, to Agawam Sportsman's Club, recorded with
Hampden County Registry of Deeds in Book 1827, Page 464, and
WHEREAS, both of the parcels share a common boundary line, and
WHEREAS, the parcels contain residual hazards associated with contaminates
and volatile organic compounds; and
WHEREAS, the Massachusetts Department of Environmental Protection
addresses contamination that crosses boundary lines of parcels as one site for
purposes of managing the clean up; and
WHEREAS, an MCP Method 3 Risk Assessment was conducted upon the site
and based upon the recent and historical soil sampling at the site the site does not pose
a human hazard if no consumable fruits and vegetables are grown on the site; and
WHEREAS, Mr. Thomas Duffield, the Licensed Site Professional, of Duffield
Engineering and Consulting has stated that a restriction should be placed upon the site
restricting the growing of fruits or vegetables and excavation into the ground within the
boundaries of the site; and
WHEREAS, the restrictions constitutes an interest in and affects title to real
estate owned by the Town of Agawam-, and
WHEREAS, it is in the best interest of the Town of Agawam to place restrictions
on the property jointly with the owners of the Sportsman's Club: and
NOW THEREFORE, the Agawam City Council hereby resolves to place the
following restrictions upon the site "growing vegetables or fruit and excavation into the
ground shall not be allowed without addressing the health hazards associated with
residual contaminates and volatile organic compounds." And furthermore, to authorize
the Mayor to execute any and all documents necessary to effectuate the placing of the
restriction on the site,
DATED THIS ' DAY OF 201Z
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C, Johnson, President
APPROJVES TO FORM AND LEGALITY
Vince ioscia, Solicitor
RESTRICTION AGREEMENT
Between the TOWN OF AGAWAM and the Agawam Sportsman' s Club
The parties to this Agreement are the Town of Agawam, located at the 36
Main Street, Agawam, MA, and the Agawarn Sportsman' s Club, located at 358
Corey Street, Agawam, MA, and hereinafter referred to as the Grantors.
WHEREAS, the Grantors are the owner in fee simple of certain real
property with improvements thereon known as the School Street Park as
described in a deed dated February 11, 2002, to Town of Agawam, recorded ,
with Hampden County Registry of Deeds in Book 12193, Page 85 and certain
real property with improvements thereon known as the "Agawam Sportsman' s
Club" 358 Corey Street as described in a deed dated June 8, 1946, to
Agawam Sportsman' s Club, recorded with Haaipden Countv Registry of Deeds
in Book 1827, Page 464; and
WHEREAS, the Grantors wishes to impose certain rest r ict-ion s, obligations
and duties uuon it as the owner of the Premises and on the successors to
its right, title and interest therein, with respect to the growing of
fruits and vegetables as well as excavation; and
WHEREAS, the Premises may contain residual hazards associated with
contaminates and volatile organic compounds; and
WHEREAS, the description of the restricted area is as follows:
Beginning at a point on the northwest corner of land now or formerly
owned by the Town of Agawam on the edge of the southern Right of Way for
Corey Street running S09031' 15"W for a distance of 'four hundred eighteen
and 36/100 (418. 36) feet, thence S83052' 15-E for a distance of one
hundred fifty-one and 75/1D0 (151.75) feet, thence N06044' 45" for a
distance of four hundred sixty-seven and 64/100 (467.84) feet, thence in
a southwesterly direction along the southern Right of Way of Corey Street
to the starting point.
WHERAS, the description of the restricted area is located on both the
Town parcel and Sportsman' s parcel as show on exhibit "A" attached
hereto; and
NOW THEREFORE, for good and valuable consideration the grantors hereby
state that this area shall be restricted from growing vegetables or fruit
and excavation into the ground shall not be allowed without addressing
Page I of 4
the health hazards associated with residual contaminates and volatile
organic compound.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2012.
AgawaML Sportsman' s Club
BY:
Name;
Title:
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. 2012
On this day of 2012, before me, the undersigned
notary public, personally appeared I
proved to me through satisfactory evidence of identification, which was
f to be the person whose name
is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes.
Notary Public
My Commission Expires
IN WITNESS WHEREOF, the Agawam City Council has accepted the
Restriction Agreement conveyed hereby and Wayor Richard A. Cohen, Mayor
of Agawam, has signed and acknowledged this instrument on behalf of the
Town of Agawam and shall cause it to be recorded with the Hampden County
Registry of Deeds on behalf of the City of Agawam, Massachusetts, on this
day of 2012.
By:
Richard A. Cohen
Mayo r
COHMONWEALTH OF MASSACHUESTTS
HAMPDEN, ss
On this days of 2012, before
me the undersigned notary public, personally appeared Mayor Richard A.
Cohen to me through satisfactory evidence of identification, which were
Page 2 of 4
the 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.
Notary Public
My Commission Expires:
Exhibit "A"
Page 3 of 4
........ ...... ................... .......
CL
AGAWAM AREA OF DEED
SPORTSMAN RESTRICTION SCHOOL
WHIN SCHOOL
STREET PARK Li
CLUB STREET
PARK
GUN
AR% OF DEED
RE " )
WMI TAGAZAM
)'13)VD PORT;SMA?4 CLUB
83*52,15" r 151,75'
TOWN OF AGAWAM
IMPARTMENT OF PUBLIC WORKS
jfREA OF nf*Fl)RFSTRPMOK
14.1 zl---
�11.. 6A WWI
amw=IWA
FA
T e-%W-" e-*& ' AgawanM
Interottice m-'emorandum
To, Agawam City Council
CC: Barbara Bard, City Council Administrative Assistant
From: Richard A. Cohen, Mayor
Date: 1126112
Subject: Agawam Sportsman Club
I have received questions from several councilors in regards to TR-2012-2, therefore, I
have enclosed a letter for your review and to inform you of the Administration's position
on this matter.
Thank you,
xz�/ I
Richard A. Cohen
Mayor
FROM THE DESK OF...
REBECCA BUDREAU
AOmINISTRATIVE ASSISTAN7
rOWN OF AGAWAM
36 MAIN ST
AGAWAM,MA 01001
rbudreau@agawam.ma.us
413-786-0400 X 201
Fax:413-786-0927
Town --of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-040O.Fax 413-786-9927
January 25, 2012
Agawam City Council
Christopher C. Johnson, President
Dennis Perry, Vice President
George Bitzas,Councilor
Cecilia Calabrese, Councilor
Paul C. Cavallo, Councilor
James P. Cichetti,Councilor
Gina Letellier, Councilor
Robert A.Magovern, Councilor
Joseph Minco, Councilor
Donald M, Rheault, Councilor
Robert E, Rossi, Councilor
Dear Councilors:
I am asking for yout support of TR-2012-2 which you will be voting on at your
February 6, 2012 meeting. By passing this Resolution, the former Agawam Sportsman's
Club will be one step closer to redevelopment and this once contaminated property will
be restored to a useful, tax generating status.
During recent sampling of the Sportsman*s Club property and abutting property
owned by the Town of Agawam, trace amounts of kad and arsenic were found to still be
present despite a comprehensive cleanup initiated by the EPA. These contaminants only
present a public threat if vegetation is grown and consumed, The Town has no intention
to ever grow food on this particular site since it is a wetland, The use for this purpose
would be a violation of the Massachusetts Wetlands Protection Act. Also, preliminary
plans for the final phase of the School Street Park leave this area undisturbed and
separated from public recreational activities by a detention basin.
An agreement by and between the EPA and Justice Department allows the Town
to collect on a percentage of back taxes owed and provides for the proper discharge of the
$817,000 lien as a result of remediation to this site. We have also obtained property tax
abatement authorization from the DOR on this property. The DEP views these parcels as
one contiguous "site" even though there are separate owners and boundary lines.
By placing the proposed deed restriction on the property, the property owner will
be able to ftilfill the requirements necessary to allow for the use ofthe Sportsman's Club
property once again. The Council voted on December 19, 2005 to rezone the
Sportsman's Club property to Residence A-3 aflowing for the construction of
condominiums or apartments after approval of the Planning Board and Conservation
Commission. I feel that it is in the best interest of the Town and its residents to return
this property to the tax rolls and allow for its development,
Sincerely,
Richard A, Cohen
Mayor
TR-2012-2
A RESOLUTION PLACING RESTRICTIONS ON A PORTION OF THE SCHOOL
STREET PARK PROPERTY
(SPONSORED BY COUNCILOR ROBERT MAGOVERN)
WHEREAS, the Town of Agawam owns certain real property with improvements
thereon known as the "School Street Park" as described in a deed dated February 11,
2002, to Town of Agawam, recorded with Hampden County Registry of Deeds in Book
12193, Page 85; and
WHERtAS, the Agawam Sportsman's Club owns certain real property with
improvements thereon known as the "Agawam Sportsman's Club" 358 Corey Street as
described in a deed dated June 8, 1946, to Agawam Sportsman's Club, recorded with
Hampden County Registry of Deeds in Book 1827, Page 464', and
WHEREAS, both of the parcels share a common boundary line; and
WHEREAS, the parcels contain residual hazards associated with contaminates
and volatile organic compounds; and
WHEREAS, the Massachusetts Department of Environmental Protection
addresses contamination that crosses boundary lines of parcels as one site for
purposes of managing the clean up; and
WHEREAS, an MCP Method 3 Risk Assessment was conducted upon the site
and based upon the recent and historical soil sampling at the site the site does not pose
a human hazard if no consumable fruits and vegetables are grown on the site; and
WHEREAS, Mr. Thomas Duffield, the Licensed Site Professional, of Duffield
Engineering and Consulting has stated that a restriction should be placed upon the site
restricting the growing of fruits or vegetables and excavation into the ground within the
boundaries of the site; and
WHEREAS, the restrictions constitutes an interest in and affects title to real
estate owned by the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to place restrictions
on the property jointly with the owners of the Sportsman's Club, and
NOW THEREFORE, the Agawam City Council hereby resolves to place the
following restrictions upon the site "growing vegetables or fruit and excavation into the
ground shall not be allowed without addressing the h6alth hazards associated with
residual contaminates and volatile organic compounds," And furthermore, to authorize
the Mayor to execute any and all documents necessary to effectuate the placing of the
restriction on the site.
DATED THIS DAY OF 2012�
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
APPROVE S TO FORM AND LEGALITY
SC
LVincJ GLjosciTao, Solicitor
RESTRICTION AGREEMENT
Between the TOWN OF AGAWAM and the Agawam Sportsman' s Club
The parties to this Agreement are the Town of Agawam, located at the 36
Main Street, Agawam, MA, and the Agawam Sportsman' s Club, located at 358
Corey Street, Agawam, MA, and hereinafter referred to as the Grantors.
WHEREAS, the Grantors are the owner in fee simple of certain real
property with improvements thereon known as the School Street Park as
described in a deed dated February 11, 2002, to Town of Agawam, recorded
with Hampden County Registry of Deeds in Book 12193, Page 85 and certain
real property with improvements thereon known as the "Agawam Sportsman' s
Club" 350 Corey Street as described in a deed dated June 8, 1946, to
Agawam Sportsman' s Club, recorded with, Hampden County Registry of Deeds
in Book 1827, Page 464; and
WHEREAS, the Grantors wishes to impose certain restrictions, obligations
and duties ucon it as the owner of the Premises and on the successors to
its right, title and interest therein, with respect to the growing of
fruits and vegetables as well as excavation; and
WHEREAS, the Premises may contain residual hazards associated with
contaminates and volatile organic compounds; and
WHEREAS, the description of the restricted area is as follows-.
Beginning at a point on the northwest corner of land now or formerly
owned by the Town of Agawam on the edge of the southern Right of Way for
Corey Street running S09031115"W for a distance of four hundred eighteen
and 36/100 (418.36) feet, thence S83('52115"E for a distance of one
hundred fifty-one and 75/100 (151.75) feet, thence N06044' 45" for a
distance of four hundred sixty-seven and 84/100 (467.84) feet, thence in
a southwesterly direction along the so-athern Right of Way of Corey Street
to the starting point.
WHERAS, the description of the restricted area is located on both the
Town parcel and Sportsman' s parcel as show or, exhibit "A" attached
hereto; and
NOW THEREFORE, for good and valuable Consideration the grantors hereby
state that this area shall be restricted from growing vegetables or fruit
and excavation into the ground shall not be allowed without addressing
Page I of 4
the health hazards associated with residual contaminates and volatile
organic compound.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2012 .
Agawam sportsman' s Club
By:
Name;
Title:
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. 2012
On this day of 2012, before me, the undersigned
notary public, personally appeared I
proved to me through satisfactory evidence of identification, which was
f to be the person whose name
is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes.
Notary Public
My Commission Expires
IN WITNESS WHEREOF, the Agawam City Council has accepted the
Restriction Agreement conveyed hereby and Wavor Richard A. Cohen, Mayor
of Agawam, has signed and acknowledged this instrument on behalf of the
Town of Agawam and shall cause it to be recorded with the Hampden County
Registry of Deeds on behalf of the City of Agawam, Massachusetts, on this
day of 2012 .
By:
Richard A. Cohen
Wayor
COMMONWEALTH OF MASSACHUESTTS
HAMPDEN, ss
On this days of 2012, before
me the undersigned notary public, personally appeared Mayor Richard A.
Cohen to me through satisfactory evidence of identification, which were
Page 2 of 4
th� 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.
Notary Public
My Commission Expires:
Exhibit "A"
Page 3 of 4
AGAWAM
AREA OF OECD
SPORTSMAN RESTRIC'nON SCHOOL
VOTHIN SCHOOL
CLUB STREET PARK STREET
PARK
7
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AREA CIF DEED
R
Sr,
POND
------------
TOWN OF AGAWAM
DEPAR MEW OF PUBLIC WORKS
A 9CA OF DERD karRICTION
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To: Richard A. Cohen,Mayor
From: Christopher C,Johnson, Council President
Re: Agawam Sportsman's Club (M-2012-2)
Date: January 31,2012
Thank you for your letter dated January 25, 2012 regarding the above referenced
agenda item. The contents of yout letter have generated the following questions from
councilors,
I. You indicated in your letter that "during recent sampling of the Sportsman's
Club property and abutting property owned by the Town of Agawam, ttace
amounts of lead and arsenic were found" — Does the town have a copy of the
test results?
2. You also indicated in your letter that "An agreement by and between the EPA
and justice Department allows the Town to collect on a percentage of back taxes
owed"—Is the town a party to this agreement and does the town have a copy of
the agreement?
3, How much is currently owed in back taxes and what is the amount of the
proposed abatement approved by DOR? Is the town's request and DOR's
approval 'in writing?
4, Is the property currently on the tax tolls?
Thank you for your assistance with dais mattet, and please do not hesitate to contact
me with any questions.
Vv cry tnruily you
Christopher C. nson
CZ
3W t
W
MEMOMND11M
To: Richard A. Cohen, Mayor
From- Christopher C.Johnson, Council President
Re: Agawam Sportsman's Club (M-2012-2)
Datc� January 31, 2012
Thank you for your letter dated January 25, 2012 regztding the above referenced
agenda item. The contents of your letter have generated the following questions from
councilors:
I. You indicated in your letter that "during recent sampling-of the Sportsman's
Club property and abutting property- owned by the Town of Agawam, trace
amounts of lead and arsenic were found" — Does the town have a copy of the
test results?
2, You also indicated in your letter that "An agreement by and between the EPA
and justice Department allows the Town to collect on a percentage of back taxes
owed"— Is the town a party to this agreement and does the town have a copy of
the agreement?
I How much is currently owed in back taxes and what is the amount of the
proposed abatement approved by DOR? Is the town's request and DOR's
approval in writing?
4, Is the property currently on the tax rolls?
Thank you for your assistance with this matter, and please do not hesitate to contact
me with any ques dons.
Very truly you 1
very u-'uy you
qChristopher C. nson
Page I of I
barbara bard
From: Chris Johnson [chrisilaw@comcast,net]
Sent: Tuesday, January 31, 2012 9:44 AM
To: barbara bard; 'Cecilia Calabrese'; 'Dennis Perry'; 'Donald M. Rheault'; 'George Bitzas', 'George Bitzas'; 'Gina M.
Letelliee; 'James Cichetti'; 'Joseph Mineo'-, 'Paul Cavallo'; 'Robert E, Rossi'; 'Robert Magovern'
Subject. RE. Sportsman's Club Resolution
Attachments: SKMBTC45112013110280.pdf
Fellow Councilors,
The letter sent by the Mayor last week sparked some questions by several councilors— I sent the
attached memo to the Mayor's assistant via e-mail this morning, If there are any other questions, please
let me know,
Thankyou
Chris
P.S. Thank you to Barbara and Councilor Cichetti for their help in organizing last night's workshop and
thank you all for coming.
2/2/2012
TR-2012-2
A RESOLUTION PLACING RESTRICTIONS ON A PORTION OF THE SCHOOL
STREET PARK PROPERTY
(SPONSORED BY COUNCILOR ROBERT MAGOVERN)
WHEREAS, the Town of Agawam owns certain real property with improvements
thereon known as'the "School Street Park" as described in a deed dated February 11,
2002, to Town of Agawam, recorded with Hampden County Registry of Deeds in Book
12193, Page 85; and
WHEREAS, the Agawam Sportsman's Club owns certain real property with
improvements thereon known as the "Agawam Sportsman's Club" 358 Corey Street as
described in a deed dated June 8, 1946, to Agawam Sportsman's Club, recorded with
Hampden County Registry of Deeds in Book 1827, Page 464; and
WHEREAS, both of the parcels share a common boundary line- and
S
WHEREAS, the parcels contain residual hazards associated with contaminates
and volatile organic compounds-, and
WHEREAS, the Massachusetts Department of Environmental Protection
addresses contamination that crosses boundary lines of parcels as one site for
purposes of managing the clean up; and
WHEREAS, an MCP Method 3 Risk Assessment was conducted upon the site
and based upon the recent and historical soil sampling at the site the site does not pose
a human hazard if no consumable fruits and vegetables are grown on the site-, and
WHEREAS, Mr, Thomas Duffield, the Licensed Site Professional, of Duffield
Engineering and Consulting has stated that a restriction should be placed upon the site
restricting the growing of,fruits or vegetables and excavation into the ground within the
boundaries of the site; and
WHEREAS, the restrictions constitutes an interest in and affects title to real
estate owned by the Town of Agawam; and
WHEREAS, it is in the best interest of the Town of Agawam to place restrictions
on the property jointly with the owners of the Sportsman's Club; and
NOW THEREFORE, the Agawam City Council hereby resolves to place the
following restrictions upon the site "growing vegetables or fruit and excavation into the
ground shall not be allowed without addressing the health hazards associated with
residual contaminates and volatile organic compounds." And furthermore, to authorize
the Mayor to execute any and all documents necessary to effectuate the placing of the
restdction on the site,
DATED THIS DAY OF 2012.
PER ORDER OF THE AGAWAM CITY COUNCIL
Christopher C. Johnson, President
LAPPROJVE S TO FORM AND LEGALITY
Vince VP�tioscia, Solicitor
Ar DUFFIELD ENGINEERING & CONSULTING
Thoma3 A Duffleid,P E,W Consuffing-Design*Land Planning
W4 ftst SL KftV,NH OU31 (Wo)603,=-2133
Now
January 4, 2012
Town of Agawarn
Attn. Mr. Vincent Gioscia
Agawam Town Hall
36 Main Street
Agawam, MA 01001
Rc: Former Agawam Sportsman Club N
Dear Mr. Gioscia,
This letter pertains to the former Agawam Sportsman Club located at 358 Corey Street in
Agawam. The Massachusetts Contingency Plan(MCP)stipulated under CMR 40N00 requires a
risk assessment be conducted to determine if a human health risk exists at a propertyas all item
supporting the closure of a property in the MCP program. A MCP Method 3 Risk Assessment
was conducted and based upon recent and historical soil sampling at the site the site does not
pose a human hea Ith haza rd i f no consumable fruits or vegetables a re grown and consumed on
the impacted property, which includes portions of the Sportsman Club and the defined area on
the abutting Town property..The Sportsman Club will have Covenants and Bylaws to restrict
this use and tile proposed Deed Restriction on the specified area orTown Property will meet the
MCP requirements for addressing this environmentail risk.
Please contact me with questions or need for additional information.
Sincerely,
Thomas Duffield
"Inmnative Sahalmufor MO&Tlt Probbre
RESTRICTION AGREEMENT
Between the TOWN OF AGAWAM, and the Agawam Sportsman' s Club
The parties to this Agreement are the Town of Agawam, located at the 36
Main Street, Agawam, MA, and the Agawam Sportsman' s Club, located at 358
Corey Street, Agawam, MA, and hereinafter referred to as the Grantors.
WHEREAS, the Grantors are the owner in fee simple of certain real
property with improvements thereon known as the School Street Park as
described in a deed dated February 11, 2002, to Town of Agawam, recorded
with HaWden County Registry of Deeds in Book 12193, Page 85 and certain
real property with improvements thereon known as the "Agawam Sportsman' s
Club" 358 Corey Street as described in a deed dated June 8, 1946, to
Agawam Sportsman' s Club, recorded with Hampden County Registry of Deeds
in Book 1827, Page 464; and
WHEREAS, the Grantors wishes to impose certain restrictions, obligations
and duties upon it as the owner of the Premises and on the successors to
its right, title -and interest therein, with respect to the growing of
fruits and vegetables as well as excavation; and
WHEREAS, the Premises may contain residual hazards, associated with
contaminates and volatile organic compounds; and
WHEREAS, the description of the restricted area is as follows :
Starting at the northwest corner of Town owned land on edge of Right-of-
way for Corey Street . Running South 9-degrees-31 minutes and 15 seconds
west 418 .36 feet to a point and turning South 83 degrees -52 minutes and
15 seconds east a distance of 142 .79 feet to a point then turning and
running North 9 degrees - 31 minutes and 15 seconds East approximately
425 feet to the Right-of-way of Corey Street then turning and running
along southern Right of Way of Corey Street to the point of beginning.
WHE!'ZAS, the description of the restricted area is located on both the
Town parcel and Sportsman's parcel as show on exhibit "A" attached
hereto; and
NOW THEREFORE, for good and valuable consideration the grantors hereby
state that this area shall be restricted from growing vegetables or fruit
and excavation into the ground shall not be allowed without addressing
the health hazards associated with residual contaminates and volatile
organic compound.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2012.
Agawam Sportsman's Club
By:
Name
Page I of 3
Title:
COMMONWEALTH OF MASSACHUSETTS
Hampden,ss. 2012
on this day of 2012, before me, the undersigned
notary public, personally appeared f
proved to me through satisfactory evidence of identification, which was
. to be the person whose name
is signed on the preceding or attached document, and acknowledged to me
that s/he signed it voluntarily for its stated purposes.
Notary Public
My Commission Expires
IN WITNESS WHEREOF, the Agawam City Council has accepted the
Restriction Agreement conveyed hereby and Mayor Richard A. Cohen, Mayor
of Agawam, has signed and acknowledged this instrument on behalf of the
Town of Agawam and shall cause it to be recorded with the Hampden County
Registry of Deeds on behalf of the City of Agawam, Massachusetts, on this
day of 2012.
By;
Richard A. Cohen
Mayor
COMMONWEALTH OF MASSACHUESTTS
HAMPDEN, ss,
on this days of 2012, before
me the undersigned notary public, personally appeared Mayor Richard A.
Cohen to me through satisfactory evidence of identification, which were
I the 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.
Notary Public
My Commission Expires:
Page 2 of 3
Exhibit: "A"
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Page 3 of 3
Page I of I
Vince Gioscia
From: Attybelmont@aol.com
Sent: Friday, January 06, 2012 9:55 AM
To: Vince Gioscia
Subject: Sportsman's Club
Agawam Sportsman's Club is okay with the proposed language. Atty. Murphy has advised me he is
ready to close upon recording the restrictive covenant. Thanks for all your help, Vince.
1/9/2012
Vince Gioscia
From: mmurphy@murphymccoubrey.com
Sent: Thursday, January 05, 2012 920 PM
To: Vince Gioscia
Subject: RE: Sportsman's Club
vin. . . . .looks good . . .call me here in florida if you have any
questions. . .413 57591M will be back in the office on the 23
original message;
-----------------
From: Vince Gioscia solicitor@agawam.ma.us
Date: Thu, 5 aan 2012 13: 3S:58 -0500
To: mmurphy@murphymccoubrey.com, rosemisischia2l@gmail.com, neighborl2@aol.com,
attybelmontQaol.com
Subject: Sportsman' s Club
I am attaching for a final review the Resolution to the City Council and the Agreement for
Restrictions for the Sportsman's Club and School Street Park. I have made the reVested
change at the suggestion of Attorney Allen. if anyone has any changes or suggestions
please advise me ASAP as I need to have the final documents ready early next week for the
Council Packet.
I want to make sure all parties who are involved with the document find it acceptable.
Thanks,
Vincent F. Gioscia, Esq.
city solicitor
Agawam Law Department
36 Main Street
Agawam, MA 01001
Telephone: 413-786-0400 ext. 281
Facsimile: 413-786-9927
E-mail: solicitor@agawam.ma.us
The information transmitted is intended only for the person or entity to which it is
addressed and may contain confidential and/or privileged material, Any review,
retransmission, dissemination, or other use of, or taking any action in reliance upon,
this information by persons or entities other than the intended recipient is prohibited.
If you receive this in error, please contact the sender and delete the material from any
computer.
-----Original Message-----
From: rbudreaugagawam.ma.us (mailto:rbudreau@agawam.ma.us]
Sent: Thursday, January 05, 2012 8:20 AM
To: Vince Gioscia
Subject: scan
please see attached scan
Confidentiality Statement
This Town of Agawam electronic message along with any corresponding attachments may
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