MACCHI &MACCHI,ATTORNEYS AT LAW

FORUM BUILDING1256 WASHINGTON ST.N0Rw00D, MA 02062

TEL: 781-762-1700FAx: 781-769-1717MACCHI-LAW.COM

Joanna G. Hilvert

JHilvert@macchi-Iaw.com

April 9, 2019

Via E-mail and First Class Mail

Sandra Myatt, Lead PIP Petitioner8 Eric RoadNorfolk, MA 02056

Re: Former Buckley & Mann Site; 17 Lawrence Street, Norfolk, MA 02056 (the“~j~”); RTN 2-3000173; PIP Status Update Meeting Request

Dear Ms. Myatt:

My client, Buckley & Mann, Inc., is in receipt of your request, dated March 18, 2019, for a PIPStatus Update Meeting with respect to the above referenced Site.

As you may be aware, Buckley & Mann is the current owner of the Site; however, forapproximately six and half (6 ‘/2) years the Site has been under a Purchase & Sale Agreement withThomas W. DiPlacido, Jr. (the “PSA”). Pursuant to the PSA, as amended, Mr. DiPlacido hadcontrol over the Site and was pursuing local and state approvals (including the MCP responseactions) for the redevelopment of the Site.

Accordingly, Mi. DiPlacido engaged Mr. Stephen A. Vetere, LSP, of Mabbett & Associates, Inc.,to conduct MCP response actions with respect to the Site on his behalf. Mr. DiPlacido’ s statusunder the MCP is legally an “Other Person” (.~prospective purchaser). These response actionsincluded submittal of the Public Involvement Plan, dated October 2, 2018, and the Phase II Scopeof Work, dated January 11, 2019 (see attached MassDEP transmittal forms, indicating “PersonMaking Submittal” as DiPlacido Development Corp). The performance of the Phase II Scope ofWork was also being undertaken by Mabbett, at the direction of Mr. Vetere and on behalf of Mr.DiPlacido.

The amended PSA called for the transaction to close on March 29, 2019; however, the closing didnot take place and the PSA was terminated instead. Given that his client (Mr. DiPlacido), nolonger had control over the Site, Mr. Vetere resigned as the LSP of record for the Site at that time(see attached).

Buckley & Mann and Mr. DiPlacido are currently engaged in negotiations to bring the Site backunder contract so that the development, and the MCP response actions, can proceed forthwith andso that required timelines can be met under the PIP and the MCP. Although the terms of the

MACCu & MACCHI, LLC Page 2

transaction are confidential, both parties are motivated to move forward with the contemplatedsale.

Given the current lack of a contract with Mr. DiPlacido, and by extension Mr. Vetere and Mabbett& Associates, we are unable to provide a more substantive update to the PIP group at this time;however, we understand that this Site is of great concern, and will provide an update as soon aspossible. Thank you.

~

Jo a Giorgio HilvertSenior Counsel

Enclosures

JGH!ejw

cc: Norfolk Library, Information RepositoryFranklin Library, Information RepositoryNorfolk Town Hall, One Liberty Lane, Norfolk, MA 02056:

Richard McCarthy, Town PlannerThomas Gilbert, Board of Health ChairmanChristopher Wider, Zoning Board of Appeals

Joe Laughton, MassDEP Central Region OfficeBuckley & Mann, Inc.

Massachusetts Department of Environmental ProtectionBureau of Waste Site Cleanup

Miscellaneous Document Transmittal Form

BWSC 126

Release Tracking Number

~1-A. DISPOSAL SITE LOCATION:

1. Disposal Site Name: BUCKLEY & MANN

2. Street Address: 17 LAWRENCE ST

3. City/Town: NORFOLK 4. Zip Code: 020560000

B. THIS FORM IS BEING USED TO: (check all that apply)

F 1. Correct typographical errors and/or make corrections that do not materially affect the nature or complexity of theresponse actions. If changes are materially significant, then a revised or modified submittal must be made to theDepartment. List the report/form that is being corrected that is associated with the above Release Tracking Number(RTN). Attach an errata sheet containing a description of the errors and/or corrections.Form/Report Submittal Transaction ID

Date(mmlddJyyyy)

F 2. Submit other documents associated with this RTN that cannot be submitted to the Department using any other BWSCtransmittal form. Do not submit documents that are of a time-critical nature and/or that require a direct response fromthe Department and/or that require an LSP Opinion pursuant to 310 CMR 40.00 15. (Section C is not required).

Description of Submittal

F 3. Resign as LSP-of-Record for the above Release Tracking Number (RTN). Attach a copy of the LSP resignation letter.(Section D, E, and F are not required).

F 4. Submit copies of Public Notices required pursuant to 310 CMR 40.1400: (check all that apply)(Section C is not required)

F a. Tier I Classification

F b. Tier II ClassificationF c. Immediate Response Action (IRA)F d. Release Abatement Measure (RAM)F e. Downgradient Property Status (DPS)F f. Utility-related Abatement Measure (URAM)F g. Comprehensive Response ActionsF h. Activities related to

recording/registering an Activity andUse Limitation (AUL)

F i. Permanent or Temporary Solution

F Check here if submitting a copy of a legal notice

F Check here if submitting a copy of a legal notice

F Check here if submitting a copy of a legal notice

(All sections of this transmittal form must be filled out unless otherwise noted)

Revised: 09/17/2013 Page 1 of4

Massachusetts Department of Environmental Protection BWSC 126Bureau of Waste Site Cleanup

Release Tracking NumberMiscellaneous Document Transmittal Form

ILl ~öO0l73

B. THIS FORM IS BEING USED TO(cont.): (check all that apply)

I~ 5. Submit Public Involvement Petition documents. (check all that apply). (Section C is not required).r a. Submit a Public Involvement Petitionr b. Submit a Public Involvement Petition Retractionr c. Submit a Positive Public Involvement Petition Designation Letter

r d. Submit a Negative Public Involvement Designation Letter

r e. Submit a Draft Public Involvement Petition Planr f. Submit a Revised Public Involvement Petition PlanF g Submit a Final Public Involvement Petition Plan

h. Submit a Notice of Public Comment Period

Date of Close of Comment Period:(mm/dd/yyyy)

i. Submit a copy of a Public Involvement Petition legal notice

rj. Submit a Notice of Public MeetingMeeting Date:

(mm/dd/yyyy)

k. Submit other Public Involvement Petition related documents not specified above:

Describe:

6. Submit a RCR.A Contained-In-Determination to document that soil and/or groundwater is no longer considered ahazardous waste pursuant to state (310 CMR 30.00) and federal (Title 40, Chapter I, Part 261 of the Code of FederalRegulations) hazardous waste regulations.

r ~. Submit notification and documentation of Reclamation Soil Reuse pursuant to 310 CMR 40.0031(2).

C. LSP SIGNATURE:

I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,including any and all documents accompanying this submittal. I am aware that significant penalties may result, including, but notlimited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete.

1. LSP#:

2. First Name: 3. Last Name:

4. Telephone: __________________________ 5. Ext.: 6. Email:

7. Signature:

8. Date:

(mm dd yyyy)

Revised: 09/17/2013 Page 2 of 4

Massachusetts Department of Environmental ProtectionBureau of Waste Site Cleanup

Miscellaneous Document Transmittal Form

D. PERSON MAKING A SUBMITTAL:

BWSC 126

Release Tracking Number

lU - 3000173

1. Check all that apply: a. Change in contact name b. Change of address P c. Change in person undertakingresponse actions

2. Name of Organization: DIPLACIDO DEVELOPMENTCORPORA11ON

3. Contact First Name: THO~viAS

5. Street: 200 STONEWALL BLVD.

7. City/Town: ~m-i~

10. Telephone: 5083846324 11. Ext.:

4. Last Name: DIPLACIDO

6. Title: PRESIDENT

8. State: MA

12. Email:

9. ZIP Code: 020930000

r 13. Check here if the person is a Public Involvement Petitioner

E. RELATIONSHIP TO SITE OF PERSON MAKING SUBMITTAL: Check here to change relationship

r i. RP or PRP r a. Owner b. Operator c. Generator d. Transporterr e. Other RP or PRP Specify:

r 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c.21E, s.2)r 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c.21E, s.5(j))P 4 Any Other Person Undertaking Response Actions Specify Relationship PROSPECTIVE BUYER

F. CERTIFICATION OF PERSON MAKING SUBMITTAL:

1. I, THOMAS DIPLACIDO PRES. , attest under the pains and penalties or perjury (i) that I have personally examined and amfamiliar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii)that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material informationcontained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I m fullauthorized to make this attestation on behalf of the entity legally responsible for this submittal 1/the person or entity on whosebehalf this submittal is made am is aware that there are significant penalties, including, but not limited to, possible fines andimprisonment, for willfully submitting false, inaccurate, or incomplete information.

2. By: ThOMAS DIPLACIDO PRES.Signature

3. Title:

4. For: DIPLACIDO DEVELOPMENT CORPORA]10N(Name of person or entity recorded in Section D)

5. Date: 10/1212018mm dd/yyyy

6. Check here if the address of the person providing certification is different from address recorded in Section D.

7. Street:

8. City/Town: _________________________________ 9. State:

11. Telephone: 12. Ext.:

10. ZIP Code:

13. Email:

Revised: 09/17/2013 Page 3 of 4

Massachusetts Department of Environmental ProtectionBureau of Waste Site Cleanup

Miscellaneous Document Transmittal Form

BWSC 126

Release Tracking Number

r Check here if any non-updatable information provided on this form is incorrect, e. g. property address. Send corrections toBWSC.eDEP@state.ma.us

YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENTAS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUiRED

DEADLINE.

Date Stamp (DEP USE ONLY):

Received by DEP on10/12/2018 12:04:21

PM

Revised: 09/17/2013 Page 4 of 4

Massachusetts Department of Environmental ProtectionBureau of Waste Site Cleanup

Miscellaneous Document Transmittal Form

BWSC 126

Release Tracking Number

~i ~6~T~]A. DISPOSAL SITE LOCATION:

I. Disposal Site Name: BUCKLEY & MANN

2. Street Address: 17 LAWRENCE ST

3. City/Town: NORFOLK 4. Zip Code: 020560000

B. THIS FORM IS BEING USED TO: (check all that apply)

r 1. Correct typographical errors and/or make corrections that do not materially affect the nature or complexity of theresponse actions. If changes are materially significant, then a revised or modified submittal must be made to theDepartment. List the report/form that is being corrected that is associated with the above Release Tracking Number(RTN). Attach an errata sheet containing a description of the errors and/or corrections.Form/Report Submittal

Date(mm/dd/yyyy)

r 2. Submit other documents associated with this RTN that cannot be submitted to the Department using any other BWSCtransmittal form. Do not submit documents that are of a time-critical nature and/or that require a direct response fromthe Department and/or that require an LSP Opinion pursuant to 310 CMR 40.0015. (Section C is not required).

Description of Submittal

r ~. Resign as LSP-of-Record for the above Release Tracking Number (RTN). Attach a copy of the LSP resignation letter.(Section D, E, and F are not required).

r ~. Submit copies of Public Notices required pursuant to 310 CMR 40.1400: (check all that apply)(Section C is not required)

r a. Tier I Classification r Check here if submitting a copy of a legal noticer b. Tier II Classificationr c. Immediate Response Action (IRA)r. d. Release Abatement Measure (RAM)r e. Downgradient Property Status (DPS)r ~. Utility-related Abatement Measure (URAM)r g. Comprehensive Response Actionsr h. Activities related to

recording/registering an Activity andUse Limitation (AUL)

r ~. Permanent or Temporary Solution

r Check here if submitting a copy of a legal notice

r Check here if submitting a copy of a legal notice

(All sections of this transmittal form must be filled out unless otherwise noted)

Transaction ID

Revised: 09/17/20 13 Page 1 of4

Massachusetts Department of Environmental Protection BWSC 126Bureau of Waste Site Cleanup

Release Tracking NumberMiscellaneous Document Transmittal Form- [3000173

B. THIS FORM IS BEING USED TO(cont.): (check all that apply)

l~ 5. Submit Public Involvement Petition documents. (check all that apply). (Section C is not required).

T a. Submit a Public Involvement Petition

r b. Submit a Public Involvement Petition Retractionr c. Submit a Positive Public Involvement Petition Designation Letter

T d. Submit a Negative Public Involvement Designation Letter

r e. Submit a Draft Public Involvement Petition Plan

r f. Submit a Revised Public Involvement Petition Plan

T g. Submit a Final Public Involvement Petition Plan

r h. Submit a Notice of Public Comment PeriodDate of Close of Comment Period:

(mmldd/yyyy)

r i. Submit a copy of a Public Involvement Petition legal noticeTj. Submit a Notice of Public Meeting

Meeting Date:(mm/dd/yyyy)

~‘ k. Submit other Public Involvement Petition related documents not specified above:

Describe: CONCEPTUAL PHASE II SCOPE OF WORK

6. Submit a RCRA Contained-In-Determination to document that soil and/or groundwater is no longer considered ahazardous waste pursuant to state (310 CMR 30.00) and federal (Title 40, Chapter I, Part 261 of the Code of FederalRegulations) hazardous waste regulations.

7. Submit notification and documentation of Reclamation Soil Reuse pursuant to 310 CMR 40.0031(2).

C. LSP SIGNATURE:

I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,including any and all documents accompanying this submittal. I am aware that significant penalties may result, including, but notlimited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete.

I. LSP #: ________________

2. First Name: 3. Last Name:

4. Telephone: __________________________ 5. Ext.: 6. Email:

7. Signature:

8. Date:

(mm dd yyyy)

Revised: 09/17/2013 Page 2 of 4

Massachusetts Department of Environmental ProtectionBureau of Waste Site Cleanup

Miscellaneous Document Transmittal Form

D. PERSON MAKING A SUBMITTAL:

BWSC 126

Release Tracking Number

- 13000173

1. Check all that apply: a. Change in contact name b. Change of address P c. Change in person undertakingresponse actions

2. Name of Organization: DIPLACIDO DEVELOPMENT CORPORATION

3. Contact First Name: THOMAS

5. Street: 200 STONEWALL BLVD.

7. City/Town: WREN11-lNhl

10. Telephone: 5083846324 11. Ext.:

4. Last Name: DIPLACIDO

— 6. Title: PRESIDENT

8. State: MA

12. Email:

9. ZIP Code: 020930000

13. Check here if the person is a Public Involvement Petitioner

E. RELATIONSHIP TO SITE OF PERSON MAKING SUBMITTAL: Check here to change relationship

T 1. RP or PRP r a. Owner b. Operator c. Generator d. Transporterr e. Other RP or PRP Specify:

r 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c.2lE, s.2)r 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c.2lE, s.5(j))P 4. Any Other Person Undertaking Response Actions Specify Relationship: PROSPECTIVE BUYER

F. CERTIFICATION OF PERSON MAKING SUBMfl1~AL:

1. I, THOMAS DIPLACIDO PRESIDENT , attest under the pains and penalties or perjury (i) that I have personally examined and amfamiliar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii)that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material informationcontained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fullyauthorized to make this attestation on behalf of the entity legally responsible for this submittal. 1/the person or entity on whosebehalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines andimprisonment, for willfully submitting false, inaccurate, or incomplete information.

2. By: ThOMAS DIPLACIDO PRESIDENTSignature

3. Title:

4, For: DIPLACIDO DEVELOPMENT CORPORATION(Name of person or cnttty recorded in Section D)

5.Date: 1111/2019mm/dd yyyy

6. Check here if the address of the person providing certification is different from address recorded in Section D.

7. Street:

8. City/Town: _________________________________ 9. State:

11. Telephone: 12. Ext.:

10. ZIP Code:

13. Email:

Revised: 09/17/2013 Page 3 of 4

Massachusetts Department of Environmental ProtectionBureau of Waste Site Cleanup

Miscellaneous Document Transmittal Form

BWSC 126

Release Tracking Number

r Check here if any non-updatable information provided on this form is incorrect, e. g. property address. Send corrections toBWSC.eDEP@state.ma.us

YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENTAS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUIRED

DEADLINE.

Date Stamp (DEP USE ONLY):

Revised: 09/17/2013

Received by DEP on1/11/2019 3:36:36 PM

Page 4 of 4

Mabbett & Associates, Inc.5 Alfred CircleBedford, MA 01730-2318Tel: 781-275-6050Fax: 781-275-2843info@mabbett.comwww.mabbett.com

April 1, 2019

Mabbett File No. R2018016.003

Mr. Joseph LaughtonMassachusetts Department of Environmental ProtectionCentral Regional Office8 New Bond StreetWorcester, MA 01606

Re: LSP ResignationFormer Buckley & Mann Site17 Lawrence StreetNorfolk, MassachusettsRelease Tracking Number 2-3000173

Dear Mr. Laughton:

In accordance with the Massachusetts Contingency Plan (MCP), 310 CMR 40.0169(2), this letter servesto notify the Massachusetts Department of Environmental Protection (Mas5DEP) that Stephen Vetere,Licensed Site Professional (LSP) No. 3507, is no longer acting as the LSP-of-Record for the above-referenced disposal site, effective as of March 29, 2019. As you know, I had been serving as LSP-ofRecord on behalf of a prospective buyer of the property.

This letter is being submitted to the MassDEP’s Waste Site/Reportable Release File Viewer using Bureauof Waste Site Cleanup (BWSC) transmittal form BWSC-126.

Very truly yours,

MABBET~ & ASSOCIATES, INC.

Stephen A. Vetere, PE, LSP, LEPDirector, Site Assessment and Remediation

© 2019, Mabbett & Associates, Inc.

A US Department of Veterans Affairs Verified Service-Disabled Veteran-Owned Small BusinessScientists I Engineers I Program Managers