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GRANT OF ENVIRONMENTAL RESTRICTION AND EASEMENT 

42 U.S.C. § 9601, ef seg., and M.G.L. c. 21E, § 6 

[Note: This instrument is established as an 

institutional-control for a federal Superfund site 

pursuant to a judicial consent decree and a federal 

agreement and covenant not to sue, each as set 

forth below, and contains a GRANT OF 

ENVIRONMENTAL RESTRICTION AND 

EASEMENT running to the DEPARTMENT OF 

ENVIRONMENTAL PROTECTION] 

Disposal Site Name: Norwood PCB Superfund Site 

Site Location: Norwood, MA 

EPA Site Identification Number: MAD980670566 

MassDEP Release Tracking No. 4-3000403 

( 

/ 

This GRANT OF ENVIRONMENTAL RESTRICTION AND EASEMENT (the 

"Grant") is made as of this 16th day of February, 2008, by JOSEPH LAHAM ("Grantor"), 

whose mailing address is care of P.O. Box 810, East Sandwich, Massachusetts 02537. 

WITNESSETH: 

WHEREAS, Grantor is the owner in fee simple of three certain parcels of land located in 

the Town of Norwood, Norfolk County, Massachusetts, with the buildings and improvements 

thereon, pursuant to a quitclaim deed from John F. Hurley, Trustee of Grant Gear Realty Trust, 

to Grantor dated June 30,1997 and recorded with the Norfolk Registry of Deeds in Book 11884, 

Page 143; a deed from John E. Reardon and Paul D. Reardon to Joseph Laham dated July 1, 

1997 and recorded with the Norfolk Registry of Deeds in Book 11887, Page 177; and a quitclaim 
Bk 25628 Pg 535 #28494 

Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 2 of 17 

deed from John E. Reardon and Paul D. Reardon, dated July 1,1997 and recorded with the 

Norfolk Registry of Deeds in Book 11887, Page 175; 

WHEREAS, said parcels of land, known and/or numbered as 921 Providence Highway, 

65 Kerry Place and Kerry Place Lots A and B, which are more particularly bounded and 

described in Exhibit A, attached hereto and made a part hereof, and identified therein as Parcels 

I, II and III, respectively (collectively, the "Property"), are subject to this Grant. The Property is 

shown on a plan entitled "Plan of Land in Norwood, Mass." Prepared by Norwood Engineering 

Co. Inc., dated June 13,2006, recorded with the Norfolk Registry of Deeds in Plan BookCW % 

Plari^H ; 

WHEREAS, the Property and certain restricted areas of the Property referred to as "Area 

A," "Area B," "Area C," "Area D" and "Area E" (collectively, "the Restricted Areas"), are 

subject to this Grant, The Restricted Areas are each more particularly bounded and described in 

Exhibit B, attached hereto and made a part hereof. The Restricted Areas are shown on a plan 

entitled "Plan of Restricted Areas in Norwood, Mass." prepared by Norwood Engineering Co. 

Inc., dated January 3,2007 and recorded with the Norfolk Registry of Deeds in Plan Book^fVJ 

PlanCf^S (*e " pla n of Restricted Areas"); 

WHEREAS, the Property is part of a federal Superfund Site, known as the Norwood PCB 

Superfund Site (the "Site"). The U.S. Environmental Protection Agency, an agency established 

under the laws of the United States, having its New England regional office at One Congress 

Street, Boston, Massachusetts 02114 ("EPA"), pursuant to Section 105 of the Comprehensive 

Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), 42 

U.S.C. § 9605, placed the Site on the National Priorities List, set forth at 40.C.F.R. Part 300, 

Appendix B, by publication in the Federal Register June 10,1986, 51 Fed. Reg. 21099, due to a 

release of hazardous substances, as that term is defined by the Section 104 of CERCLA, 42 

U.S.C. § 9604. 

WHEREAS, the Massachusetts Department of Environmental Protection, a duly 

constituted agency organized under the laws of the Commonwealth of Massachusetts, having its 

principal office at One Winter Street, Boston, Massachusetts 02108 ("Department of 

Environmental Protection" or "MassDEP"), as a result of the release of oil and/or hazardous 

materials at the Property, as those terms are defined in the Massachusetts Oil and Hazardous 

Materials Release, Prevention and Response Act, M.G.L. Chapter 21E, as amended ("Chapter 

2IE"), has placed the Property on the Massachusetts List of Confirmed Disposal Sites and 

Locations to be Investigated pursuant to Chapter 2 IE and the Massachusetts Contingency Plan, 

310 CMR 40.0000 (the "MCP"), has classified the Property as a Tier 1A disposal site and has 

assigned thereto MassDEP Release Tracking Number 4-3000403; 

WHEREAS, EPA, with the concurrence of MassDEP, in a document entitled, "Record of 

Decision, Norwood PCB Superfund Site," dated September 29,1989, as modified by an 

Amended Record of Decision dated May 17,1996, as further modified by an Explanation of 

Significant Differences dated February 23, 2005 (collectively referred to as the "ROD"), said 

ROD being on file at the EPA Record Center located at One Congress Street, Boston, 

Massachusetts (the "EPA Record Center"), has selected one or more response actions 

(collectively, the "Selected Remedy") for the Site in accordance with CERCLA, 42 U.S.C. §§ 

9601, etseq., and the National Contingency Plan, 40 CFR §§ 300.1, etseq. (the "NCP"); 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

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WHEREAS, the Selected Remedy is based, in part, upon the restriction of human access 

to and contact with hazardous substances in soil and groundwater; and the restriction of certain 

uses and activities occurring in, on, through, over or under the Property; 

WHEREAS, EPA, in correspondence from Robert Cianciarulo, Chief, Massachusetts 

Superfund Section, EPA New England to Jay Naparstek, Deputy Division Director of Response 

and Remediation, dated January 9,2007, a copy of which is attached hereto as Exhibit C, 

notified MassDEP (i) that EPA desires to establish the within Grant to effect the aforementioned 

restrictions in order to meet the institutional control requirements for the Selected Remedy under 

the ROD; (ii) that if the United States had sought to acquire a grant to establish the restrictions 

the United States would first need to obtain the State's agreement to accept transfer of such 

interests upon completion of the remedial action, pursuant to Section 104(j)(2) of CERCLA, 42 

U.S.C. § 9604(j)(2); (iii) that the Selected Remedy will be completed once the Grant has been 

established; and (iv) that EPA, therefore, in order to establish the restrictions and for purposes of 

efficiency, has requested MassDEP to accept the within Grant directly, as sole Grantee; 

WHEREAS, MassDEP, pursuant to Sections 3(a) and 6 of Chapter 21E, is authorized to 

take all action appropriate to secure to the Commonwealth the benefits of CERCLA and to 

acquire an interest in real property if necessary to carry out the purposes of Chapter 2 IE, and is 

willing to accept this Grant as sole Grantee; 

WHEREAS, Federal Pacific Electric Company, a Delaware corporation having a mailing 

address of 25700 Science Park Drive, Cleveland, Ohio, 44122 and Cornell-Dubilier Electronics, 

Inc., a Delaware corporation having a mailing address of 140 Technology Place, Liberty, SC 

29657 (the "Performing Parties"), having identified GZA GeoEnvironmental, Inc., whose 

mailing address is One Edgewater Drive, Norwood, Massachusetts 02062, as their project 

coordinator, are performing a portion of the Selected Remedy pursuant to a consent decree 

entered into with the United States and the Commonwealth of Massachusetts in the consolidated 

actions captioned U.S. v. Federal Pacific Electric. Inc. and Commonwealth of Massachusetts v. 

Federal Pacific Electric, Inc.. Docket Numbers 92-11924-T and 92-12526-T (D. Mass.), 

respectively; 

WHEREAS, EPA has approved a plan entitled "Operations and Maintenance Plan, 

Norwood PCB Superfund Site, Norwood, Massachusetts," prepared on behalf of the Norwood 

PCB Superfund Site Remediation Trust, Norwood, Massachusetts, prepared by GZA 

GeoEnvironmental, Inc., Norwood, Massachusetts, and dated November 2004, File No. 

14076.80 submitted by the Performing Parties (the "O & M Plan")* a copy of which is on file at 

the EPA Record Center. The O & M Plan describes certain routine operation and maintenance 

activities at the Property, to be performed in connection with the Selected Remedy; and 

WHEREAS, Joseph Laham and the United States of America, acting through EPA, 

entered into an agreement entitled "Agreement and Covenant Not To Sue, Re Joseph Laham and 

921, Inc., Norwood Superfund Site," effective September 29,1997, EPA Docket Number 

CERCLA 1-97-1044 (the "Agreement"), a copy of which is on file at the EPA Record Center, in 

which Joseph Laham agreed to (i) perform certain response actions at the Site, including without 

limitation to implement environmental restrictions pursuant to Paragraph VIII (Access and 

Institutional Controls) of the Agreement, and (ii) cooperate fully with EPA, and all other persons 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 4 of 17 

performing response actions at the Site under EPA oversight, and (Hi) not interfere with such 

response actions; 

NOW, THEREFORE, pursuant to the terms of the Agreement, I, JOSEPH LAHAM 

("Grantor"), hereby GRANT to the DEPARTMENT OF ENVIRONMENTAL PROTECTION, 

an agency established under the laws of the Commonwealth of Massachusetts, having its 

principal office at One Winter Street, Boston, Massachusetts 02108 ("MassDEP" or "Grantee"), 

as a gift, with QUITCLAIM COVENANTS, an ENVIRONMENTAL RESTRICTION 

("Restriction") in, on, through, over and under the Property and specifically those portions of the 

property referred to as the Restricted Areas. Said Restriction is subject to the following terms 

and conditions: 

1. Purpose. It is the purpose of this Grant to establish covenants and restrictions and 

to convey to Grantee real property rights involving access and enforcement, all of which shall 

run with the land, to facilitate the remediation of environmental contamination, and to protect 

human health and the environment by reducing the risk of exposure to contaminants, 

2. Applicability. The restrictions set forth in Paragraph 3 ("Restricted Uses and 

Activities") shall not apply to: 

A. any response action undertaken by EPA or MassDEP, or their respective 

agents, representatives, contractors, subcontractors or employees, pursuant to CERCLA 

or Chapter 21E, and their respective implementing regulations; or 

B. any response action performed by the Performing Parties or their 

respective agents, representatives, contractors, subcontractors or employees, in 

accordance with and pursuant to the O & M Plan. 

Provided, however, that if any such response actions result in a change in the areal extent or 

grade of any portion of the Property required to be restricted under this Grant to ensure that the 

Selected Remedy is protective of human health and the environment, or if Grantee otherwise 

determines that it is necessary to amend or partially release this Grant as a result of such 

response actions, then the party responsible for performing such response actions shall, in 

accordance with the requirements of Paragraph 13 ("Amendment and Release"), (i) obtain 

Grantor's agreement to amend this Grant, including the Plan of Restricted Areas, and/or to 

partially release this Grant, as applicable, (ii) with Grantor's agreement submit an application to 

Grantee therefor, (Hi) ensure that all actions necessary to effectuate such an amendment and/or 

partial release are taken, and (iv) notwithstanding the provisions of Paragraph 13 ("Amendment 

and Release"), all costs therefor shall be at the sole cost and expense of the party responsible for 

performing such response actions. 

3. Restricted Uses and Activities. Except as provided below in Paragraph 4 

("Permitted Uses and Activities") and Paragraph 5 ("Emergency Excavation"), Grantor shall not 

perform, suffer, allow or cause any person to perform any of the following activities in, on, upon, 

through, over or under the Restricted Areas or any portion thereof, or any of the following uses 

to be made of the Property or any portion thereof: 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

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A. agricultural activity or use; 

B. residential activity or use; 

C. day care or educational activity or use 

D. recreational activity or use; 

E. extraction, consumption or utilization of groundwater underlying the 

Property for any purpose, including without limitation extraction for potable, industrial, 

irrigation or agricultural use; 

F. excavation, removal or disposal of any loam, peat, gravel, sand, rock or 

other mineral or natural resource; 

G. construction of buildings or other structures intended for human use or 

occupancy; or 

H. any use or activity which would interfere with, or would be reasonably 

likely to interfere with, the effectiveness, integrity, operation, or maintenance of the 

Selected Remedy, including but not limited to cap(s), cover(s) or other ground covering 

features of response actions conducted to implement the Selected Remedy; systems to 

collect, contain, treat, and discharge groundwater; systems or containment areas to 

excavate, store, treat, and dispose of soils and sediments; and systems and studies to 

monitor implementation of the Selected Remedy, to provide long-term environmental 

monitoring of on-site groundwater, soils, and sediments, and to ensure that the Selected 

Remedy is effective in the long-term and protective of human health and the 

environment. Reference is made to the Plan of Restricted Areas, which provides 

information about the location within the Property of certain of the foregoing components 

of the Selected Remedy, and to the report entitled "Final Submittal Remedial 

Construction Report, Soil/Brook Remediation Phase, Norwood PCB Superfund Site, 

Norwood, Massachusetts" in seven volumes, prepared for the Norwood BCB Superfund 

Site Remediation Trust, Norwood, Massachusetts, prepared by GZA GeoEnvironmental, 

Inc., Norwood, Massachusetts and dated September 2003, File No. 14076.80 (aka "the 

Remedial Construction Report"), which provides details of the Selected Remedy as 

constructed and which is on file at the EPA Record Center. 

4. Permitted Uses and Activities. Grantor expressly reserves the right to perform, 

suffer, allow or to cause any person to perform any of the following activities in, on, upon, 

through, over or under the Restricted Areas, or any portion thereof, or any of the following uses 

to be made of the Restricted Areas, or any portion thereof, such reserved right being subject to 

the terms and conditions set forth, below: 

A. Notwithstanding the restrictions on excavation and on interference with the 

Selected Remedy set forth in Paragraphs 3.F and 3.H, above, respectively, excavation and 

any resultant temporary interference with the effectiveness and integrity of the Selected 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 6 of 17 

Remedy in Area A and Area B shall be permitted upon Grantor's obtaining MassDEP's 

prior approval, subject to the following: 

(i) Grantor shall provide to MassDEP fourteen (14) days' advance 

written notice of any such proposed excavation, including a written work plan 

prepared and signed by a Massachusetts Licensed Site Professional ("LSP"). The 

work plan shall include a detailed explanation of the proposed activities, a 

performance schedule, a health and safety plan to ensure that no harmful exposure 

to or release of hazardous substances will occur and in compliance with all health 

and safety precautions required by federal and State laws and regulations, and a 

detailed description of all additional steps to be taken to meet the requirements set 

forth in subparagraphs 4.A.(i)(a) and (b), below; 

(a) all excavated soils shall either (i) be replaced in the same 

location and depth from which they were excavated; (ii) for soils which 

are analyzed and determined to contain a concentration PCBs in an 

amount less than 40 ppm, relocated within either Area A or Area B, at any 

depth; (iii) for soils which are analyzed and determined to contain a 

concentration of PCBs in an amount less than 70 ppm, relocated within 

either Area A or Area B, at a depth of greater than one foot; and/or (iv) 

analyzed, managed and disposed of off of the Property in accordance with 

all applicable federal and State laws and regulations; and 

(b) all components of the Selected Remedy, including without 

limitation cap(s), cover(s) and other area(s), affected by such excavation 

shall be restored to a condition that meets or exceeds the performance 

standards established under the ROD; 

(ii) Grantor's proposed excavation shall be presumptively approved 

effective the fifteenth (15 )day following MassDEP's receipt of the written 

notice required in paragraph 4.A.(i), above, unless MassDEP notifies Grantor that 

MassDEP intends to review and/or comment upon Grantor's work plan. In that 

event, Grantor shall obtain MassDEP's prior written approval before commencing 

the proposed excavation described in the work plan, subject to such terms and 

conditions as may be appropriate, if any. 

(iii) for excavations of less than twenty-five (25) square yards of 

Property area and less than five (5) cubic yards of material, Grantor may seek preapproval of a generic work plan, subject to the following: 

(a) Grantor shall submit to MassDEP a written, generic, work 

plan prepared and signed by an LSP, for pre-approval. The work plan 

shall include a detailed explanation of the proposed activities covered by 

such plan, a performance schedule including without limitation a health 

and safety plan to ensure that no harmful exposure to or release of 

hazardous substances will occur and in compliance with all health and 

safety precautions required by federal and State laws and regulations, and 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

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a detailed description of the steps to be taken to meet the requirements set 

forth in subparagraphs 4.A.(i)(a) and (b), above. Once approved in 

writing by MassDEP, such work plan shall be referred to as a "PreApproved Plan;" 

(b) Grantor shall provide to MassDEP fourteen (14) days' 

advance written notice of any excavation Grantor proposes to conduct 

under a Pre-Approved Plan, which notice shall identify the location of and 

include a brief description of the proposed excavation, and the filing of 

which notice shall constitute approval for the proposed excavation, 

effective on the fifteenth (15th) day following MassDEP's receipt of such 

notice; 

(c) upon written notification from MassDEP of a change in any 

relevant law, regulation, policy, guidance, performance standard or other 

relevant requirement, a Pre-Approved Plan shall immediately become 

invalid, except as to work completed prior to receipt of such notification, 

until Grantor proposes to MassDEP an appropriate modification of the 

Pre-Approved Plan to address the changed requirement and secures 

MassDEP's written approval of such modified plan; and 

(d) a Pre-Approved Plan shall be subject to revocation by 

MassDEP, at its sole discretion, upon written notice to Grantor. 

(iv) for any approval obtained hereunder, whether presumptive, 

pursuant to the filing of a notice in connection with a Pre-Approved Plan, or 

otherwise, Grantor shall commence substantial field activities no later than one 

hundred twenty (120) days from the approval's effective date, or the approval 

shall expire at the end of the one hundred twentieth (120th) day, except for any 

requirements which Grantee, in its sole discretion, determines shall survive in 

order to ensure the continued effectiveness of the Selected Remedy and the 

protection of human health and the environment. Prior to the expiration of any 

such approval, Grantor may submit a written request to Grantee to extend for 

thirty (30) days the period within which Grantor must commence substantial field 

activities. Approval of any such request shall be at Grantee's sole discretion and 

shall be valid only if issued in writing. 

(v) Grantor shall only perform the proposed excavation in accordance 

with a work plan approved as provided herein, and within thirty (30) days of 

completion of all activities described in the work plan, Grantor shall submit to 

MassDEP a written statement, signed by an LSP, certifying that all requirements 

of the work plan have been satisfied, 

(vi) upon written request from Grantee, as Grantee, in its sole 

discretion may determine is warranted by the nature and extent of any excavation 

performed pursuant to this subparagraph 4.A, Grantor shall also prepare and 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 8 of 17 

submit to Grantee, at Grantor's sole cost and expense, an amendment to the Grant 

in order to modify the areal extent of any of the Restricted Areas affected by such 

excavation in accordance with the requirements of Paragraph 13 ("Amendment 

and Release"), and shall perform all actions required pursuant thereto necessary to 

obtain Grantee's approval for and to implement such amendment. Such 

amendment shall be submitted within thirty (30) days of receipt of Grantee's 

request or upon such other schedule as Grantee may establish therefore. 

B. Notwithstanding the restrictions on excavation, on construction of 

buildings or other structures intended for human use or occupancy, and on interference 

with the Selected Remedy set forth in Paragraphs 3.F, 3.G, and 3.H, above, respectively, 

excavation in Area C or Area D, construction of such buildings or other structures in 

Area A, Area B, Area C or Area D, and any resultant temporary interference with 

effectiveness and integrity of the Selected Remedy, shall be permitted upon Grantor's 

obtaining MassDEP's prior approval, subject to the following: 

(i) Grantor shall submit to MassDEP for approval no less than thirty 

(30) days' advance written notice of any such proposed excavation and/or 

construction, or such shorter time as may be agreed to in writing by MassDEP, 

including a written work plan prepared and signed by an LSP. The work plan 

shall include a detailed explanation of the planned disturbance; a detailed 

explanation of the planned construction, if any; a performance schedule; a health 

and safety plan to ensure that no harmful exposure to or release of hazardous 

substances will occur and in compliance with all health and safety precautions 

required by federal and State laws and regulations; a detailed description of steps 

to be taken to ensure restoration of cap(s), cover(s) or other areas and, for any 

construction, to mitigate potential vapor intrusion; and a detailed description of all 

additional steps to be taken to meet the requirements set forth in subparagraphs 

4.B.(i)(a) through (d), below: 

(a) all excavated soils and building slab materials shall be 

either (I) replaced in the same location from which they were excavated, 

(II) placed within Area D, only if that portion of Area D is being disturbed 

for purposes other than the disposal of such materials; and/or (III) 

analyzed, managed and disposed of off Property in accordance with all 

applicable federal and State laws and regulations; 

(b) an underground vault which contains demolition debris and 

is located within Area E (the "Demolition Debris Vault;" reference is 

made to the Remedial Construction Report which provides details of the 

Selected Remedy as constructed and which is on file at the EPA Record 

Center) shall not be disturbed, unless the Demolition Debris Vault and its 

contents are removed in their entirety and analyzed, managed and 

disposed of off Property in accordance with all applicable federal and 

State laws and regulations; 

(c) for any construction of buildings or other structures 

intended for human use or occupancy, engineering controls shall be put in 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

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place to mitigate the potential intrusion of vapors from hazardous 

substances in soil and/or groundwater; and 

(d) all work performed pursuant to Subparagraph 4.B.(i) shall 

be conducted in a manner such that the performance standards established 

under the ROD are met or exceeded; 

(ii) before commencing the proposed excavation and/or construction 

described in the work plan, Grantor shall obtain MassDEP's written approval for 

the work plan, subject to such terms and conditions as may be appropriate, if any; 

(iii) for any approval obtained hereunder, Grantor shall commence 

substantial field activities no later than one hundred twenty (120) days from the 

approval's effective date, or the approval shall expire at the end of the one 

hundred twentieth day, except for any requirements which Grantee, in its sole 

discretion, determines shall survive in order to ensure the continued effectiveness 

of the Selected Remedy and the protection of human health and the environment; 

provided that, prior to the expiration of any such approval, Grantor may submit a 

written request to Grantee to extend for thirty (30) days the period within which 

Grantor must commence substantial field activities; and further provided that 

approval of any such request shall be at Grantee's sole discretion and shall be 

valid only if issued in writing; 

(iv) Grantor shall only perform the proposed excavation and/or 

construction in accordance with a work plan approved as provided herein, and 

within thirty (30) days of completion of all activities described in the Work Plan, 

Grantor shall submit to MassDEP a written statement, signed by an LSP, 

certifying that all requirements of the work plan have been satisfied; and 

(v) upon written request from Grantee, as Grantee, in its sole 

discretion may determine is warranted by the nature and extent of any excavation 

and/or construction performed pursuant to this subparagraph 4.B, Grantor shall 

also prepare and submit to Grantee, at Grantor's sole cost and expense, an 

amendment to the Grant in order to modify the areal extent of any of the 

Restricted Areas affected by such excavation in accordance with the requirements 

of Paragraph 13 ("Amendment and Release"), and shall perform all actions 

required pursuant thereto necessary to obtain Grantee's approval for and to 

implement such amendment. Such amendment shall be submitted within thirty 

(30) days of receipt of Grantee's request or upon such other schedule as Grantee 

may establish therefore. 

C. Such other activities and uses not identified in Paragraph 3 ("Restricted 

Uses and Activities") as being Restricted Uses and Activities. 

D. The provisions of this Paragraph 4 ("Permitted Uses and Activities") shall 

not release Grantor or any other party from liability for releases of oil or hazardous 

substances, nor shall this provision excuse Grantor or any other party from complying 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 10 of 17 

with CERCLA, Chapter 2IE, or any other applicable federal, State or local laws, 

regulations or ordinances. 

5. Emergency Excavation. If it becomes necessary to excavate within the Restricted 

Area as part of a response to an emergency (e.g., repairing utility lines or responding to a fire or 

flood), and such excavation could result in a significant risk of harm from exposure to the 

hazardous substances located within the Restricted Areas, the requirements of Paragraph 3.F. of 

this Restriction maybe suspended with respect to such excavation for the duration of such 

response, provided Grantor: 

A. orally notifies the following persons of such emergency as soon as 

possible but no later than two (2) hours after having learned of such emergency: 

i. EPA Office of Site Remediation and Restoration, Emergency 

Planning and Response Branch; and 

ii. MassDEP Southeast Regional Office, Emergency Response 

Section; 

or such other persons as Grantee or EPA, respectively, may each identify in writing, from 

time to time, to Grantor for such emergency response notifications; 

B. notifies Grantee in writing of such emergency no later than five (5) days 

after having learned of such emergency; 

C. limits the actual disturbance involved in such excavation to the minimum 

reasonably necessary to adequately respond to the emergency; 

D. implements all measures necessary to limit actual or potential risk to the 

public health and environment; 

E. engages an LSP to oversee the implementation of this Paragraph 5 

("Emergency Excavation"), and to prepare and oversee the implementation of a written 

plan which, in the LSP's opinion, will restore the Restricted Areas to a condition that 

meets or exceeds the performance standards established under the ROD, Grantor to 

implement such plan as soon as reasonably possible following such emergency, and a 

copy of said plan to be submitted to MassDEP within ten (10) days of its implementation, 

with a written determination from the LSP stating that the Restricted Areas have been 

restored in accordance with such plan. 

6. Easements. In establishing this Restriction, Grantor hereby grants the following 

easements for the term of this Grant to MassDEP, its agents, contractors, subcontractors, and 

employees: 

A. to pass and repass over the Property for purposes of inspecting the 

Restricted Area to insure compliance with the terms of this Restriction; and 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

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B. in, on, through, over and under the Restricted Areas for purposes of 

conducting subsurface investigations, installing groundwater monitoring wells, and 

conducting other investigations of the Restricted Areas and/or response actions consistent 

with (i) CERCLA and the NCP and/or (ii) Chapter 2 IE and the MCP. 

7. Construction. This instrument shall be liberally construed to effect its purpose 

and the policies and purposes of CERCLA and/or Chapter 21E. If any provision of this 

instrument is found to be ambiguous, an interpretation consistent with the purpose of this 

instrument that would render the provision valid shall be favored over any interpretation that 

would render it invalid. Any word or defined terra contained in this instrument shall be read as 

singular, plural, masculine, feminine or neuter as the context so requires. 

8. Severability. Grantor hereby agrees, in the event that a court or other tribunal 

determines that any provision of this instrument is invalid or unenforceable: 

A. that any such provision shall be deemed automatically modified to 

conform to the requirements for validity and enforceability as determined by such court 

or tribunal; or 

B. that any such provision that, by its nature, cannot be so modified shall be 

deemed deleted from this instrument as though it had never been included.. 

In either case, the remaining provisions of this instrument shall remain in full force and effect. 

9. Enforcement. Grantor expressly acknowledges that a violation of the terms of 

this instrument could result in the following: 

A. the assessment of penalties and enforcement action by MassDEP to 

enforce this Restriction, pursuant to M.G.L. c. 2 IE and the MCP, and any other law or 

regulation, as applicable; and/or 

B. upon a determination by a court of competent jurisdiction, the issuance of 

criminal and civil penalties, and/or equitable remedies which could include the issuance 

of an order to modify or remove any improvements constructed in violation of the terms 

of this Restriction at Grantor's sole cost and expense, and/or to reimburse Grantee for any 

costs incurred in modifying or removing any improvements constructed in violation of 

the terms of this Grant. 

10. Provisions to Run With the Land. This Restriction establishes certain rights, 

liabilities, agreements and obligations for the Property, or any portion thereof, which shall run 

with the Property, or any portion thereof, for the term of this Restriction. Grantor hereby 

covenants for himself and his executors, administrators, heirs, successors and assigns to stand 

seized and hold title to the Property, or any portion thereof, subject to this Restriction. 

The rights granted to MassDEP, its successors and assigns, do not provide, however, that a 

violation of this Restriction shall result in a forfeiture or reversion of Grantor's title to the 

Property. 
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Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

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11. Concurrence Presumed. It is agreed that: 

A. Grantor and all parties claiming by, through or under Grantor shall be 

deemed to be in accord with the provisions of this document; and 

B. all such parties and any party claiming by, through, or under them, and 

their respective agents, contractors, sub-contractors and employees, also agree that the 

Restriction herein established shall not be violated and that their respective interests in 

the Property shall be subject to the provisions herein set forth. 

12. Incorporation into Deeds. Mortgages. Leases, and Instruments of Transfer. 

Crrantor hereby agrees to incorporate this Restriction, in full or by reference, into all future deeds, 

easements, mortgages, leases, licenses, occupancy agreements or any other instrument of 

transfer, whereby an interest in and/or a right to use the Property, or any portion thereof, is 

conveyed. 

13. Amendment and Release. 

A. Amendment. Grantor may amend this instrument, including without 

limitation any of its Exhibits, or the Plan of Restricted Areas, only with the prior, written 

approval of Grantee. Grantor further agrees to execute any amendment to this instrument 

which Grantee reasonably deems necessary to maintain the continued effectiveness of the 

Selected Remedy or to protect human health and the environment, including without 

limitation such amendments as Grantee may require pursuant to Paragraph 2 and/or 

subparagraph 4.A.(vi) or 4.B.(v) of this Grant. For any amendment, Grantor shall 

comply with all requirements of the Amendment Protocol, set forth in Exhibit D 

("Amendment Protocol") to this Grant. All amendments shall include Grantee's signed 

approval and shall become effective upon recording and/or registration with the 

appropriate registry of deeds and/or land registration office. Grantor may propose to 

Grantee an amendment of a use or activity restriction set forth in Paragraph 3 ("Restricted 

Uses and Activities"), a permitted use or activity set forth in Paragraph 4 ("Permitted 

Uses and Activities"), and/or modifying the areal extent of the Restricted Areas 

established in this Grant, based upon changed circumstances including without limitation 

new analytic and engineering data. For any such proposed amendment and for any 

amendment required pursuant to subparagraph 4.A.(vi) or 4.B.(v) of this Grant, Grantor, 

at its sole cost and expense, shall prepare and submit to Grantee for review and approval 

such supporting documentation as Grantee, in its sole discretion, may require, including 

without limitation a work plan, including a health and safety plan, and reports evidencing 

satisfactory completion of an approved work plan. 

B. Release. Grantee may release its interest in the Grant, in whole or in part, 

in its sole discretion. Any such release shall become effective upon recording and/or 

registration with the appropriate registry of deeds and/or land registration office. 

C Recordation and/or Registration. Grantor hereby agrees to record and/or 

register with the appropriate registry of deeds and/or land registration office any 
Bk 25628 Pg 546 #28494 

Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 13 of 17 

amendment to and/or release of this instrument, or other document created pursuant to 

this instrument for which such recording and/or registration is required, within thirty (30) 

days of the date of having received from Grantee any such amendment, release or other 

such document executed by Grantee and/or evidencing Grantee's approval, as 

appropriate, in recordable form. No more than thirty (30) days from the date of such 

recording and/or registering of said amendment, release and/or other such document, 

Grantor shall provide a certified registry copy of the amendment, release and/or other 

such document to Grantee. At that time, or as soon thereafter as it becomes available, 

Grantor shall provide Grantee with the final recording and/or registration information for 

the amendment, release, and/or other such document, certified by said registry. Grantor 

shall pay any and all recording fees, land transfer taxes and other such transactional costs 

associated with any such amendment or release. 

D. Notice to Local Officials. In accordance with the requirements set forth in 

310 C.M.R. §40.1403(7), as amended, and within thirty (30) days after recording and/or 

Registering any such amendment, release, or other such document, Grantor shall: (i) 

provide the Town of Norwood Chief Municipal Officer, Board of Health, Zoning Official 

and Building Code Enforcement Official with copies of such recorded and/or registered 

amendment, release or other such document; (ii) publish a legal notice indicating the 

recording and/or registering of such amendment, release or other such document, and 

including the information described in 310 C.M.R. §40.1403(7)(b)(l), in a newspaper 

which circulates in the Town of Norwood; and (iii) provide copies of said legal notice to 

Grantee within seven (7) days of its publication. 

14. No Dedication Intended. Nothing herein shall be construed to be a gift or 

dedication of the Property to MassDEP or to the general public for any purpose whatsoever. 

15. Term. This restriction shall run in perpetuity and is intended to conform to 

MG.L, c. 184, Section 26, as amended. 

16. Notices. 

A. General. Any notice, delivery or other communication permitted or 

required under this instrument, unless otherwise provided in this instrument, shall be in 

writing and sent by reliable overnight delivery service, delivered in hand or mailed by 

postage-paid registered or certified mail, return receipt requested. Notices or other 

communications shall be deemed given, if by overnight delivery service, on the first 

business day following deposit with such delivery service; if by hand, on the date of the 

receipt evidencing the hand delivery thereof; or, if by registered or certified mail, three (3) 

days after deposit in the United States mails; provided that notice of change of address 

shall be deemed effective only upon receipt. 

B. MassDEP; EPA copy. Whenever, under the terms of this instrument, 

written notice is required to be given or a document is required to be sent to MassDEP or 

Grantee, it shall be directed to MassDEP and a copy shall concurrently be submitted to 

EPA, to the individuals at the addresses specified below, or as otherwise directed in 
Bk 25628 Pg 547 #28494 

Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 14 of 17 

writing by MassDEP or EPA, respectively. Upon request from MassDEP, a duplicate 

and/or electronic copy shall be included with any submittal. 

As to MassDEP: 

Bureau of Waste Site Cleanup 

Department of Environmental Protection 

One Winter Street, 8th Floor 

Boston, MA 02108 

Attention: Norwood PCB Superfund Site Project Manager 

As to EPA: 

EPA Remedial Project Manager 

Norwood PCB Superfund Site 

United States Environmental Protection Agency, Region I 

One Congress Street, Suite 1100, Mailcode HBO 

Boston, MA 02114 

and to: 

EPA Enforcement Counsel 

Norwood PCB Superfund Site 

United States Environmental Protection Agency, Region I 

One Congress Street, Suite 1100, Mailcode SES 

Boston, MA 02114 

17. Assignment. This Grant, including without limitation all easements, rights, 

covenants, obligations and restrictions inuring to the benefit of Grantee, herein contained, shall 

be freely assignable by Grantee, in whole or in part, at any time. 

18. Rights Reserved. It is expressly agreed that acceptance of this Restriction by 

MassDEP shall not express nor imply MassDEP approval of the adequacy of this or any other 

response action affecting the Site. Acceptance of this Restriction shall not operate to bar, 

diminish, nor in any way affect any legal or equitable right of MassDEP to issue any future order 

with respect to the Site or in any way affect any other claim, action, suit, cause of action, or 

demand which MassDEP may have with respect to the Site. 

19. Governing Law; Captions. This instrument shall be governed by and interpreted 

in accordance with the laws of the United States and of the Commonwealth of Massachusetts, as 

applicable. All captions and headings contained in this instrument are for convenience of 

reference only, and shall not be used to govern or interpret the meaning or intent of any provision 

of this document. 

20. Effective Date. This Restriction shall become effective upon its recordation with 

the appropriate registry of deeds and/or land registration office. 
Bk 25628 Pg 548 #28494 

Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 15 of 17 

21. EPA Entry, Access, and Response Authority. Nothing in this instrument shall 

limit or otherwise affect EPA's rights of entry and access or EPA's authority to take response 

actions under CERCLA, the NCP, or other federal law. 

No more than thirty (30) days from the date of recording and/or registration, Grantor shall 

provide Grantee with a certified registry and/or land registration office copy of this instrument. 

At that time, or as soon as practicable thereafter, Grantor shall provide Grantee with a copy of 

this instrument, as recorded, certified by said registry and/or land registration office. 

As this Restriction is a gift, no Massachusetts deed excise stamps are affixed hereto, none being 

required by law, 

WITNESS the execution hereof under seal this 2008. 

JOSEPH LAHAM, 

GRANTOR 

COMMONWEALTH OF MASSACHUSETTS 

Sarfista-Si-e. ,ss 

On this 1U day of pg hru a 

I Jos 

_, 2008, before me, the 

undersigned notary public, personally appeared Joseph Laham, proved to me through satisfactory 

evidence of identification, which were J JCaoSirJ , to be the person 

whose name is signed on the preceding or attached document, and acknowledged to me that he 

signed it voluntarily for its stated purpose. 

QL&. 

Notary Public: 

My Commission Expires: y/^SY^s 

i. 

\ \ 4'tj-' ^.QV 
Bk 2562 8 P g 54 9 #2849 4 

Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 16 of 17 

In accordance with M.G.L. c. 21E, Section 6, as amended, the Commissioner of 

the Department of Environmental Protection hereby approves this Grant of Environmental 

Restriction and Easement (as to form only). 

Date: 3-X5T-0 S 

Assistant Commissioner, duly authorized 

(see attached delegation of authority) 

Department of Environmental Protection 

Upon recording, mail to: 

Bureau of Waste Site Cleanup 

Department of Environmental Protection 

One Winter Street, 8th Floor 

Boston, MA 02108 

Attention: Norwood PCB Superfund Site Project Manager 
Bk 25628 Pg 550 #28494 

DELEGATION OF AUTHORITY 

I, Laurie Burt, Commissioner of the Department of Environmental Protection, 

hereby delegate my authority to approve the Department's acquisition and restriction of 

real property and the modification and release of such acquisitions and restrictions, as 

such authority is set forth in Section 6 of Chapter 21E of the Massachusetts General 

Laws. This delegation is made to Janine Commerford, Assistant Commissioner for the 

Department's Bureau of Waste Site Cleanup. I delegate this authority because I have 

recused myself, due to a conflict of interest, from matters relating to the disposal site 

known as the Norwood PCB Superfund Site in Norwood, Massachusetts, to which the 

Department has assigned Release Tracking Number 3-0000403, and to which the United 

States Environmental Protection Agency has assigned Site Identification Number 

MAD980670566. This delegation of authority is limited to the foregoing Site. 

Dated: V^Y 0^ Signed 

Laurie Burt, Commissioner 

Department of Environmental Protection 

COMMONWEALTH OF MASSACHUSETTS 

-S„CColk ss 

ft 

On this 2$ day of March, 2008, before me, the undersigned notary ^ 

public, personally appeared Laurie Burt, in her capacity as Commissioner of the „. ^/X 

Department of Environmental Protection, proved to me through satisfactory evidence^)! ^ ^ 0 '"'''>.; 

identification, which were T>J?T$C>I/IC\X Knf7}D(&h(P — - to be the pef^o)i ^tf « "'*\*b i\. 

whose name is signed on the preceding or attached document, and acknowledgejtHo &&?£ ^-. *V^ 

that she signed it voluntarily in her said capacity for its stated purpose. jj_A o/r/ ^ '""^i £ ''• <^ 

. -- t W , •-„ • ,. ?>&^ 

Notary Public: fi R*hv£<*~ 'tyff'j^^y 

My Commission Expires: ; IZH /pf 
Bk 25628 Pg 551 #28494 

Grant of Environmental Restriction and Easement 

Norwood PCB Superfund Site 

Page 17 of 17 

List of Exhibits 

Exhibit A 

Exhibit B 

Exhibit C 

Exhibit D 

Exhibit E 

Legal Description of the Property 

Legal Description of the Restricted Areas 

EPA Request Letter 

Amendment Protocol 

Subordination Agreement Form (referenced in the Amendment Protocol) 
Bk 25628 Pg 552 #28494 

Norwood PCB Super&nd Site 

Exhibit A 

Page 1 of 3 

EXHIBIT A-Legal Description of the Property 

Parcel I 

Beginning at a point on the westerly sideline of the access ramp leading to Dean Street, 

Said point being the northeast corner of land of Levi LLC and the southeast corner of 

The described parcel; thence 

N 62-15-21 W a distance of four hundred nine and 68/100 (409.68) feet; thence 

N 17-07-03 W a distance of ninety one and 70/100 (91.70) feet; thence 

N 27-59-54 E a distance of four hundred ninety four and 96/100 (494.96) feet; thence 

N 27-59-54 E a distance of two hundred twenty-nine and 95/100 (229.95) feet; thence 

S 43-20-58 E a distance of seven hundred seventy and 19/100 (770.19) feet; thence 

S 28-00-30 W a distance of forty two and 31/100 (42.31) feet; thence 

Southwesterly and curving to the right along an arc of a curve having a radius of 

two hundred forty and 00/100 (240.00) feet, a length of two hundred 

eleven and 88/100 (211.88) feet; thence 

S 78-35-30 W a distance of eighty nine and 09/100 (89.09) feet; thence 

Southwesterly and curving to the left along an arc of a curve having a radius of 

two hundred seventy and 00/100 (270.00) feet, a length of two 

hundred thirty eight and 37/100 (238.37) feet; thence 

S 28-00-30 W a distance of forty eight and 64/100 (48.64) feet to the point of 

beginning. 

Said parcel contains 9.46 acres, more or less. 

Meaning and intending to describe Parcel I as shown on a plan entitled, 

"Plan of Land in Norwood, Mass." Scale 1"=80' dated June 13, 2006, as revised 

by Norwood Engineering Co., Inc. Consulting Engineers-Land Surveyors 

1410 Route One, Norwood JVIA 02062, recorded in the Norfolk Registry of Deeds, 

Plan BoofcH 1 . Page CpH (hereinafter, "Plan of Land"). 

For source of title, see quitclaim deed from John F. Hurley, Trustee of Grant Gear Realty 

Trust, to Joseph Laham dated June 30,1997 and recorded with the Norfolk Registry of 

Deeds in Book 11884, Page 143. 
Bk 25628 Pg 553 #28494 

Norwood PCB Super&nd Site 

Exhibit A 

Page 2 of3 

Parcel II 

Beginning at a point on the northerly sideline of Dean Street, said point being the 

Southwest corner of land of Levi LLC and the southeast corner of the described 

Parcel; thence 

S 85-32-20 W a distance of one hundred three and 10/100 (103.10) feet; thence 

Northwesterly, and curving to the right along an arc of a curve having a radius 

of fifty and 00/100 (50.00) feet, a length of seventy eight and 

54/100 (78.54) feet; thence 

N 04-27-40 W a distance of one hundred eighteen and 54/100 (118.54) feet; thence 

Northwesterly and curving to the right along an arc of a curve having a radius of 

And two hundred and 00/100 (200.00) feet, a length of sixty one and 86/100 

Northeasterly (61.86) feet; thence 

N 13-15-34 E a distance of three hundred seventy and 54/100 (370.54) feet; thence 

S 62-15-21 E a distance of one hundred sixty two and 71/100 (162.71) feet; thence 

N 27-44-39 E a distance of five and 00/100 (5.00) feet; thence 

S 62-15-21 E a distance of ninety four and 33/100 (94.33) feet; thence 

S 28-07-24 W a distance of two hundred sixty five and 00/100 (265.00) feet; thence 

S 07-10-33 W a distance of two hundred thirty one and 06/100 (231.06) feet, to the 

point of beginning. 

Said parcel contains 2,46 acres, more or less. 

Meaning and intending to describe Parcel II as shown on said Plan of Land. 

For source of title, see deed from John E. Reardon and Paul D, Reardon to Joseph Laham 

dated July 1,1997 and recorded with the Norfolk Registry of Deeds in Book 11887, Page 

177. 
Bk 25628 Pg 554 #28494 

Norwood PCB Superfund Site 

Exhibit A 

Page 3 of3 

Parcel III 

Beginning at a point on the southerly line of Parcel I, said point being N 62-15-21 W 

a distance of three hundred five and 78/100 (305.78) feet, from the southeast 

Corner of Parcel I; thence 

N 62-15-21 W a distance of one hundred three and 90/100 (103.90) feet; thence 

N 17-07-03 W a distance of ninety one and 70/100 (91.70) feet; thence 

N 27-59-54 E a distance of four hundred ninety four and 96/100 (494.96) feet; 

thence 

N 27-59-54 E a distance of two hundred twenty nine and 95/100 (229.95) feet; 

thence 

N 78-14-58 W a distance of thirty one and 25/100 (31.25) feet; thence 

S 27-59-54 W a distance of two hundred seventeen and 77/100 (217.77) feet; thence 

S 41-04-33 W a distance of fifty seven and 74/100 (57.74) feet; thence 

Southeasterly and curving to the right along an arc of a curve having a radius of 

sixty five and 00/100 (65.00) feet, a length of seventy four and 33/100 

(74.33) feet; thence 

S 27-59-54 W a distance of three hundred eighty four and 58/100 (384.58) feet; thence 

Southwesterly and curving to the left along an arc of a curve having a radius of two 

hundred and 00/100 (200.00) feet, a length of fifty one and 45/100 

(51.45) feet; thence 

S 13-15-34 W a distance of eighteen and 10/100 (18.10) feet; thence 

S 62-15-21 E a distance of one hundred sixty two and 71/100 (162.71) feet; thence 

N 27-44-39 E a distance of five and 00/100 (5.00) feet to the point of beginning. 

Said parcel contains 0.34 acres, more or less. 

Meaning and intending to describe Parcel III as shown on said Plan of Land. 

For source of title, see quitclaim deed from John E. Reardon and Paul D. Reardon, 

Trustees of Kerry Place Trust, to Joseph Laham dated July 1,1997 and recorded in the 

Norfolk Registry of Deeds in Book 11887, Page 175. 
Bk 25628 Pg 555 #28494 

Norwood PCB Superfund Site 

Exhibit B 

Page 1 of 8 

EXHIBIT B - Legal Description of the Restricted Areas 

Area A 

"Area A" consists of the following three described areas, first being a portion of Parcel 1, 

the second being Parcel II in its entirety, and the third being Parcel III in its entirety, as 

"Area A" is shown on a plan entitled, "Plan of Restricted Areas", Scale 1M=S0' dated 

January 3,2007, by Norwood Engineering Co., Inc. Consulting Engineers - Land 

Surveyors, 1410 Route One, Norwood, Mass. 02062, recorded in the Norfolk Registry of 

Deeds in Plan BookS * \ , Page ^ ^ . 

Portion of Parcel I: 

Beginning at a point on the westerly sideline of Boston-Providence Turnpike, 

said point being the northeast corner of the described Area; thence 

S 28-00-30 W a distance of forty two and 31/100 (42.31) feet; thence 

Southwesterly and curving to the right along an arc of a curve having a 

radius of two hundred forty and 00/100 (240.00) feet, a 

length of two hundred eleven and 88/100 (211.88) feet; 

thence 

S 78-35-30 W a distance of eighty nine and 09/100 (89.09) feet; thence 

Southwesterly and curving to the left along an arc of a curve having a 

radius of two hundred seventy and 00/100 (270.00) feet, 

a length of two hundred thirty eight and 37/100 (238.37) feet; 

thence 

S 28-00-30 W a distance of forty eight and 64/100 (48.64) feet; thence 

N 62-15-21 W a distance of seventy nine and 00/100 (79.00) feet; thence 

N 27-44-39 E a distance of one hundred eighteen and 00/100 (118.00) feet; 

thence 

N 27-51-30 E a distance of three hundred fifty one and 43/100 (351.43) feet; 

thence 

Northeasterly and curving to the right along an arc of a curve having a radius 

of twenty and 00/100 (20.00) feet, a length of fifteen and 83/100 

(15.83) feet; thence 
Bk 25628 Pg 556 #28494 

Norwood PCB Superfimd Site 

Exhibit B 

Page 2 of 8 

Northeasterly and curving to the left along an arc of a curve having a radius 

And of twenty and 00/100 (20.00) feet, a length of sixty three and 

Northwesterly 07/100 (63.07) feet; thence 

Northwesterly and curving to the right along an arc of a curve having a radius 

of twenty and 00/100 (20.00) feet, a length of fifteen and 83/100 

(15.83) feet; thence 

N 62-20-46 W a distance of sixty two and 69/100 (62.69) feet; thence 

N 28-07-40 E a distance of one hundred sixteen and 45/100 (116.45) feet; thence 

N 57-26-11 E a distance of sixty four and 27/100 (64.27) feet; thence 

S 43-20-58 E a distance of four hundred twenty five and 38/100 (425.38) feet, 

to the point of beginning. 

S aid area contains 144,018 square feet of land, more or less. 

And Parcel II: 

Beginning at a point on the northerly sideline of Dean Street, 

said point being the southwest corner of land of Levi LLC, and the 

Southeast corner of the described Area; thence 

S 85-32-20 W a distance of one hundred three and 10/100 (103.10) feet; 

thence 

Northwesterly and curving to the right along an arc of a curve having a 

radius of fifty and 00/100 (50.00) feet, a length of seventy 

eight and 54/100 (78.54) feet; thence 

N 04-27-40 W a distance of one hundred eighteen and 54/100 (118.54) 

feet; thence 

Northwesterly and curving to the right along an arc of a curve having a radius 

and of two hundred and 00/100 (200.00) feet, a length of sixty one 

Northeasterly and 86/100 (61.86) feet; thence 

N 13-15-34 E a distance of three hundred seventy and 54/100 (370.54) feet; 

Thence 

S 62-15-21 E a distance of one hundred sixty two and 71/100 (162.71) feet, thence 
Bk 25628 Pg 557 #28494 

Norwood PCB Superfund Site 

Exhibit B 

Page 3 of 8 

N 27-44-39 E a distance of five and 00/100 (5.00) feet, thence 

S 62-15-21 E a distance of ninety four and 33/100 (94,33) feet, thence 

S 28-07-24 W a distance of two hundred sixty five and 00/100 (265.00) feet, thence 

S 07-10-33 W a distance of two hundred thirty one and 06/100 (231.06) feet, to the 

point of beginning. 

Said area contains 107,150 square feet of land, more or less. 

And Parcel III: 

Beginning at a point on the easterly sideline of Kerry Place, said point being the 

southwest corner of the described area; thence 

N 13-15-34 E a distance of eighteen and 10/100 (18.10) feet; thence 

Northeasterly and curving to the right along an arc of a curve having a 

Radius of two hundred and 00/100 (200.00) feet, a length of 

fifty one and 45/100. (51.45) feet; thence 

N 27-59-54 E a distance of three hundred eighty four and 58/100 (384.58) 

feet; thence 

Northwesterly and curving to the left along an arc of a curve having a radius 

of sixty five and 00/100 (65.00) feet, a length of seventy four 

and 33/100 (74.33) feet; thence 

N 41 -04-33 E a distance of fifty seven and 74/100 (57.74) feet; thence 

N 27-59-54 E a distance of two hundred seventeen and 77/100 (217.77) feet; 

thence 

S 78-14-58 E a distance of thirty one and 25/100 (31.25) feet; thence 

S 27-59-54 W a distance of two hundred twenty nine and 95/100 (229.95) 

feet; thence 

S 27-59-54 W a distance of four hundred ninety four and 96/100 (494.96) 

feet; thence 

S 17-07-03 E a distance of ninety one and 70/100 (91.70) feet; thence 
Bk 25628 Pg 558 #28494 

Norwood PCB Superfund Site 

Exhibit B 

Page 4 of 8 

S 62-15-21 E a distance of one hundred three and 90/100 (103.90) feet; thence 

S 27-44-39 W a distance of five and 00/100 (5.00) feet; thence 

N 62-15-21 W a distance of one hundred sixty two and 71/100 (162.71) 

feet, to the point of beginning. 

Said area contains 14,603 square feet of land, more or less. 

Collectively, by the three foregoing descriptions meaning and intending to describe 

Area A as shown on said Plan of Restricted Areas. 

AreaB 

"Area B" consists of the following two described areas, as "Area B" is shown on said 

Plan of Restricted Areas: 

Beginning at a point, said point being the southwest corner of Area A of Parcel I 

and the Southeast corner of the described Area; thence 

N 62-15-21 W a distance of two hundred twenty-six and 78/100 (226.78) feet; 

thence 

N 27-3 5-22 E a distance of one hundred eighteen and 00/100 (118.00) feet; 

thence 

S 62-15-21 W a distance of two hundred twenty seven and 10/100 (227.10) 

feet; thence 

S 27-44-39 W a distance of one hundred eighteen and 00/100 (118.00) feet, 

to the point of beginning, 

Said area contains 26,779 square feet of land, more or less. 

and: 

Beginning at a point, said point being the northwest corner of the described Area; 

thence 

S 27-59-54 W a distance of two hundred fifty and 11/100 (250.11) feet; 

thence 
Bk 25628 Pg 559 #28494 

Norwood PCB Superfund Site 

Exhibit B 

Page 5 of 8 

S 62-20-46 E a distance of one hundred ninety four and 85/100 (194,85) 

feet; thence 

N 28-07-40 E a distance of one hundred sixteen and 45/100 (116.45) 

feet; thence 

N 57-26-11 E a distance of sixty four and 27/100 (64.27) feet, thence 

N 43-20-58 W a distance of two hundred thirty nine and 27/100 (239.27) 

feet, to the point of beginning. 

Said area contains 43,297 square feet of land, more or less. 

Collectively, by the two foregoing descriptions meaning and intending to describe 

Area B as shown on said Plan of Restricted Areas. 

AreaC 

"Area C" consists of the following described area, as "Area C" is shown on said Plan of 

Restricted Areas: 

Beginning at a point, said point being the northwest corner of the described Area; 

thence 

S 29-3 8-38 W a distance of six and 65/100 (6.65) feet; thence 

S 28-57-00 W a distance of forty two and 21/100 (42.21) feet; thence 

S 40-05-22 E a distance of forty four and 97/100 (44.97) feet; thence 

S 36-15-28 E a distance of forty eight and 64/100 (48,64) feet; thence 

S 26-55-59 E a distance of thirty eight and 26/100 (38.26) feet; thence 

S 01-16-38 W a distance of forty one and 59/100 (41.59) feet; thence 

S 10-25-21 W a distance of thirty and 36/100 (30.36) feet; thence 

S 29-16-34 W a distance of forty two and 31/100 (42.31) feet; thence 

S 29-14-11 W a distance of forty six and 11/100 (46.11) feet; thence 

S 30-14-58 W a distance of forty nine and 96/100 (49,96) feet; thence 

S 46-29-41 W a distance of forty one and 49/100 (41.49) feet; thence 
Bk 25628 Pg 560 #28494 

Norwood PCB Superfund Site 

Exhibit B 

Page 6 of 8 

N 67-13-01 W a distance of forty six and 29/100 (46.29) feet; thence 

N 71-05-11 W a distance of fifty eight and 28/100 (58.28) feet; thence 

N 46-10-50 W a distance of one and 64/100 (1.64) feet; thence 

S 27-33-01 W a distance of twenty two and 25/100 (22.25) feet; thence 

S 62-15-21 E a distance of one hundred thirty eight and 10/100 (138.10) 

feet; thence 

N 27-51 -30 E a distance of three hundred fifty one and 43/100 (3 51.43) feet; 

thence 

Northeasterly and curving to the right along an arc of a curve having a 

radius of twenty and 00/100 (20.00) feet, a length of fifteen 

and 83/100 (15.83) feet; thence 

Northeasterly and curving to the left along an arc of a curve having a 

And radius of twenty and 00/100 (20.00) feet, a length of sixty 

Northwesterly three and 07/100 (63.07) feet; thence 

Northwesterly and curving to the right along an arc of a curve having a 

radius of twenty and 00/100 (20.00) feet, a length of fifteen 

and 83/100 (15.83) feet; thence 

N 62-20-46 W a distance of one hundred twenty two and 22/100 (122.22) 

feet, to the point of beginning. 

Said area contains 23,576 square feet of land, more or less. 

By the foregoing description meaning and intending to describe Area C as shown on said 

Plan of Restricted Areas. 

AreaD 

"Area D" consists of the following described area, as "Area D" is shown on said Plan of 

Restricted Areas: 

Beginning at a point, said point being the northeast corner of the portion of Area A 

referred to as Parcel III, and the northwest corner of the described Area; thence 
Bk 25628 Pg 561 #284 

Norwood PCB Superfund Site 

Exhibit B 

Page 7 of 8 

S 43-20-58 E a distance of one hundred five and 54/100 (105.54) 

feet; thence 

S 27-59-54 W a distance of two hundred fifty and 11/100 (250.11) 

feet; thence 

S 62-20-46 E a distance of one hundred thirty five and 32/100 (135.32) 

feet; thence 

S 29-38-38 W a distance of six and 65/100 (6.65) feet; thence 

S 28-57-00 W a distance of forty two and 21/100 (42.21) feet; thence 

S 40-05-22 E a distance of forty four and 97/100 (44.97) feet; thence 

S 36-15-28 E a distance of forty eight and 64/100 (48.64) feet; thence 

S 26-55-59 E a distance of thirty eight and 26/100 (38.26) feet; thence 

S 01-16-38 W a distance of forty one and 59/100 (41.59) feet; thence 

S 10-25-21 W a distance of thirty and 36/100 (30.36) feet; thence 

S 29-16-34 W a distance of forty two and 31/100 (42.31) feet; thence 

S 29-14-11 W a distance of forty six and 11/100 (46.11) feet; thence 

S 30-14-58 W a distance of forty nine and 96/100 (49.96) feet; thence 

S 46-29-41 W a distance of forty one and 49/100 (41.49) feet; thence 

N 67-13-01 W a distance of forty six and 29/100 (46.29) feet; thence 

N 71-05-11 W a distance of fifty eight and 28/100 (58.28) feet; thence 

N 46-10-50 W a distance of one and 64/100 (1.64) feet; thence 

N 27-33-01 E a distance of twenty two and 74/100 (22.74) feet; thence 

N 62-26-59 W a distance of eighty eight and 85/100 (88.85) feet; thence 

S 27-44-39 W a distance of forty four and 69/100 (44.69) feet; thence 

S 27-3 5-22 W a distance of one hundred eighteen and 00/100 (118.00) 

feet; thence 
Bk 25628 Pg 562 #284 94 

Norwood PCB Superfund Site 

Exhibit B 

Page 8 of 8 

N 62-15-21 W adistance of one hundred three and 90/100 (103.90) feet; 

thence 

N 17-07-03 W a distance of ninety one and 70/100 (91.70) feet; thence 

N 27-59-54 E a distance of four hundred ninety four and 96/100 (494.96) 

feet; thence 

N 27-59-54 E a distance of two hundred twenty nine and 95/100 (229.95) 

feet, to the point of beginning. 

Said area contains 170,542 square feet of land, more or less. 

By the foregoing description meaning and intending to describe Area D as shown on said 

Plan of Restricted Areas. 

AreaE 

"Area E" consists of the following described area, as "Area E" is shown on said Plan of 

Restricted Areas: 

Beginning at a point, said point being the southwest corner of the 

described Area; thence 

N 27-44-39 E a distance of forty four and 69/100 (44.69) feet; thence 

S 62-26-59 E a distance of eighty eight and 85/100 (88.85) feet; thence 

S 27-33-01 W a distance of forty four and 99/100 (44.99) feet; thence 

N 62-15 21 W a distance of eighty nine and 00/100 (89.00) feet; to 

the point of beginning. 

Said area contains 3,987 square feet of land, more or less. 

By the foregoing description meaning and intending to describe Area E as shown on said 

Plan of Restricted Areas. 
Bk 25628 Pg 563 #28494 

Norwood PCB Superfund Site 

Exhibit C 

Page 1 of2 

Exhibit C—EPA Request Letter 

(attached) 
Bk 25628 Pg 564 #28494 

.«s* .— \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

$ £ S ^ REGION 1 

° S&2L I 1 CONGRESS STREET, SUITE 1100 

%<*}jf4rg BOSTON, MASSACHUSETTS 02114-2023 

January 9, 2007 

Jay Naparstek, Deputy Director 

Response and Remediation Division 

Bureau of Waste Site Cleanup 

Massachusetts Department of Environmental Protection 

One Winter Street 

Boston, MA 02108 

Re: Grant of Environmental Restriction and Easement for 921 Providence 

Highway, 65 Kerry Place, and Kerry Place Lots A and B, at the Norwood PCB 

Superfund Site, Norwood, Massachusetts. . 

Dear Mr. Naparstek, 

The purpose of this letter is to formally request the assistance of the Massachusetts 

Department of Environmental Protection (MassDEP) in accepting a Grant of 

Environmental Restrictions (Grant) for the Norwood PCB Superfund site in Norwood, 

MA in order to meet the institutional control requirements for the Selected Remedy 

under the ROD. As you know, our offices have been working together on completing * 

this Grant for a number of site parcels owned by Joseph Laham. The parcels covered by 

this Grant are as follows: 921 Providence Highway, 65 Kerry Place, and Kerry Place Lots 

A and B, which are more specifically described in the Grant and exhibits. 

EPA is asking the Commonwealth to take the Grant directly since if the United States 

were to acquire the grant itself to establish the restrictions the United States would first 

need to obtain the State's agreement to accept transfer of such interests upon completion 

of the remedial action, pursuant to Section 104(j)(2) of CERCLA, 42 U.S.C. § 9604(j)(2). 

At this Site, the remedial action will be completed once the Grant has been established. 

Therefore, in order to establish the restrictions and for purposes of efficiency, we request 

that MassDEP accept the Grant directly, as sole Grantee. 

If you have any further questions, please feel free to contact me at 617-918-1330 or site 

attorney David Peterson at 617-918-1891. 

s 

Sincerely, 

Robert G. Cianch 

Massachusetts Superfund Section 

cc: Andy Cohen, MassDEP 

Dan Keefe, MassDEP 

David Peterson, USEPA 

Toll Free •1-888-372-7341 

Internet Address (URL) * http://www.epa.gov/region1 

Recycled/Recyclable . Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Po'stconsumer) 
Bk 25628 Pg 565 #28494 

Norwood PCB Superfund Site 

Exhibit D 

Page 1 of 3 

Exhibit D - Amendment Protocol 

SECTION I. GENERAL 

1. Title. This exhibit, which shall be referred to as the "Amendment Protocol," 

is an attachment to an instrument entitled "Grant of Environmental Restriction and 

Easement" (also referred to as the "Grant"), dated February 16,2008, and recorded 

and/or registered herewith, in the Norfolk Registry of Deeds/Land Registration Office. 

2. Definitions. Unless otherwise defined herein, the terms used in this 

Amendment Protocol shall have the meanings set forth in the Grant. 

3. Applicability. Whenever the Grant requires compliance with the Amendment 

Protocol, Grantor shall comply with the terms and provisions of this appendix. 

4. Submissions. All submissions made pursuant to this Amendment Protocol 

shall be made in accordance with the requirements of Paragraph 16 {"Notices") of the 

Grant. 

SECTION II. REQUIREMENTS 

5. Proposed Amendment. Grantor shall prepare, sign and submit a written 

request for Grantee to review and approve the proposed amendment to the Grant, with a 

copy to the Performing Parties, which shall include the following information and 

documentation: 

A. Grantor's name, address and telephone number, the address of the 

affected property, and a brief description of the proposed amendment and the 

reason for the proposal; 

B. the proposed amendment, all necessary exhibits, and a proposed, 

amended Plan of Restricted Areas, if appropriate, all in recordable form 

satisfactory to Grantee, which shall amend the Grant, its Exhibits such as Exhibit 

B ("Legal Description of the Restricted Areas"), and/or the Plan of Restricted 

Areas, as appropriate, so as to incorporate any proposed modifications thereto, 

including without limitation any permanent modification to the areal extent of the 

Restricted Areas and/or any other permanent changes; 

C. all necessary related documentation, which shall at a minimum 

include: 

i. customary evidence of Grantor's authority to execute the 

proposed amendment; and 
Bk 25628 Pg 566 #28494 

Norwood PCB Superfund Site 

Exhibit D 

Page 2 of3 

ii. a proposed, updated certification of title or title insurance 

policy which, as the case may be, shall update the certification or policy 

previously provided to Grantee in connection with the establishment of the 

Grant, and shall be prepared in accordance with the title requirements 

specified by Grantee or any otherwise relevant title requirements; 

iii. subordination agreements in recordable form satisfactory to 

Grantees, using the form contained in Exhibit E ("Subordination 

Agreement Form") of the Grant, obtained from any and all holders of 

interests recorded and/or registered subsequent to the recordation and/or 

registration of the Grant, but prior to the date of recording of the proposed 

amendment, unless waived by Grantee, in its sole discretion, for those 

interests which Grantor establishes, to Grantee's satisfaction, do not affect 

the interests to be created under the proposed amendment; and 

iv. any other customary or appropriate documentation necessary 

for Grantee to approve the proposed amendment, as Grantee, in its sole 

discretion, may determine. 

D. Grantee, upon.request or its own initiative, and in Grantee's sole 

discretion, may waive in writing any of the documentation requirements that it 

may determine are not relevant to a particular proposed amendment, but any such 

waiver shall apply only to the particular proposed amendment, and all of the 

above documentation requirements shall apply to all other proposed amendments, 

unless expressly waived for such other proposed amendments, as well, on a caseby-case basis. 

SECTION III. APPROVAL AND RECORDING 

6. Approval. Following notification by Grantee that the proposed amendment, all 

attachments and all related documents are satisfactory, Grantor shall submit a fully 

executed amendment, along with all such attachments and related documents in final 

form, for Grantee's written approval, including any necessary signature by Grantee on the 

amendment; and fully executed subordination agreements in accordance with 

subparagraph 5.C.iii., above, of this exhibit. 

7. Recording. Following Grantee's return of the submission with Grantee's 

written approval, Grantor shall run the title forward through the time of recording and if 

there are no matters of record affecting the subject property since the time of the last 

update submitted to and approved by Grantee, then Grantor shall record and/or register 

the amendment, including all attachments, and any subordination agreements, and the 

amended Plan of Restricted Areas, if applicable, all in accordance with subparagraph 

13.C. ("Recordation and/or Registration") of the Grant. Otherwise, Grantor shall notify 
Bk 25628 Pg 567 #28494 

Norwood PCB Superfiind Site 

Exhibit D 

Page 3 of3 

Grantee of such matters in writing and shall not record the amendment nor any 

attachments, pending further disposition by Grantee. 

8. Title Policy/Title Opinion. Within thirty (30) days of the date of recording 

and/or registration Grantor shall submit to Grantee an updated certification of title or a 

final title insurance policy, as the case may be, updated through the time of recording. 

9. Notice. Following recording and/or registration, Grantor shall provide copies 

of the amendment, including all attachments, and any subordination agreements to local 

officials in accordance with subparagraph 13.D. ("Notice to Local Officials") of the 

Grant. 

10. Costs. Grantor shall be responsible for paying all recording fees and other 

costs associated with the proposed amendment. 
Bk 25628 Pg 568 #28494 

Norwood PCB Superfiind Site 

Exhibit E 

Pagel of 2 

Exhibit E - Subordination Agreement Form 

(for amendments to the Grant of Environmental Restriction and Easement) 

SUBORDINATION AGREEMENT 

Site Name: Norwood PCB Superfund Site 

Site Location; Norwood, MA 

EPA Site Identification Number: MAD980670566 

DEP Release Tracking Number: 3-000403 

, of (Town/City), 

County, (State), is the holder of a 

granted by to 

, dated , recorded with the Norfolk Registry 

of Deeds in Book , Page and/or registered with the Land Registration Office of 

the Norfolk Registry as Document No. . 

hereby assents to the [First] Amendment to the Grant of 

Environmental Restriction and Easement granted by Joseph Laham to the Massachusetts 

Department of Environmental Protection dated February 16,2008 and recorded with the 

Norfolk Registry of Deeds in Book , Page , and/or registered with the Land 

Registration Office of the Norfolk Registry District as Document No. , and 

agrees that the shall be subject to said [First] Amendment and to 

the rights created by and under said [First] Amendment insofar as the interests created 

under the affect the Property identified in the [First] Amendment 

and as if for all purposes said [First] Amendment had been executed, delivered and 

recorded prior to the execution, delivery and recordation and/or registration of the 
Bk 25628 Pg 569 #28494 

Norwood PCB Superfund Site 

Exhibit E 

Page 2 of2 

WITNESS the execution hereof under seal this day of 

20 

Holder 

COMMONWEALTH OF MASSACHUSETTS 

, ss 

On this day of , 20 , before me, the undersigned notary 

public, personally appeared , proved to me through 

satisfactory evidence of identification, which were , 

to be the person whose name is signed on the preceding or attached document, and 

acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. 

Notary Public: 

My Commission Expires: 

[seal] 

[Note: or, use corporate form signature block and acknowledgement, etc., as appropriate] 

[The execution of this Subordination Agreement by a secured lender and/or a 

fiduciary (as defined in M.G.L. c. 21E, § 2) for the purpose of subordinating its lien to 

said [First] Amendment shall not render such secured lender or fiduciary an "owner" or 

"operator", provided such secured lender and/or fiduciary shall not otherwise be an 

"owner" or "operator" within the meaning of § 2.] 

Upon recording, mail to: 

Bureau of Waste Site Cleanup 

Department of Environmental Protection 

One Winter Street, 8th Floor 

Boston, MA 02108 

Attention: Norwood PCB Superfund Site Project Manager