HomeMy WebLinkAboutDecision - 75 NUTMEG LANE 7/13/2017
DEP FILE # 242-1709
FINDINGS:
Therefore, the North Andover Conservation Commission (hereafter the “NACC”) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a new single family home and driveway
with associated utilities, site grading, drainage and landscaping within the 100-foot
Buffer Zone to Bordering Vegetated Wetland (BVW) associated an Intermittent
Stream.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Property Owner: Richard Cavanaugh
65 Nutmeg Lane
North Andover, MA 01810
Applicant: Thomas Zahoruiko
TKZ, LLC
4 High Street, Suite 201
North Andover, MA 01845
Documents: WPA Form 3 -Notice of Intent
Received: June 13, 2017
Including Notice of Intent Report, Maps, Notification to
Abutters/Abutters Listing, and a project narrative.
Site Plans prepared by: Sullivan Engineering Group, LLC
Titled: 75 Nutmeg Lane Plot Plan of Land
Dated: June 9, 2017
Signed and Stamped by John Sullivan, III, P.E. & Paul J.
Finocchio, PLS
22. The term “Applicant” as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property
that takes place prior to the issuance of a Certificate of Compliance.
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23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date
of this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
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32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) and Buffer Zone to Bank associated with an
Intermittent Stream. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of this resource area to the identified
interests.
33. The NACC agrees with the applicant’s delineation of the wetland resource areas as
shown on the plans dated referenced herein (WF 1A – 8A).
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25‘) No-
Disturbance Zone and a fifty foot (50‘) No-Build Zone shall be established from the
edge of BVW and Bank. The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the
No-Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations).
35. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
36. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,
storm damage or any other form of water damage.
PRIOR TO CONSTRUCTION
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
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of recorded land, the Final Order shall also be noted in the Registry’s Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant’s expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words “Massachusetts DEP, File Number 242-1709.”
40. Any other changes in the submitted plans caused by the applicant, another Board’s
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. No work shall begin on a
project until written approval has been granted by the NACC.
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction, including the installation of
erosion controls, construction, paving, monumentation, and final stabilization.
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no
use of machinery, storage of machinery or materials, stockpiling of soil, or
construction activity is to occur beyond this line at any time.
44. Staked hay bales backed by trenched silt fence shall be placed between all
construction areas and resource areas as shown on the herein referenced plan. The
erosion control barrier will be properly installed and placed as shown on the plans
approved and referenced herein and shall be inspected and approved by the NACC
or its agent prior to the start of construction and shall remain intact until all disturbed
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areas have been permanently stabilized to prevent erosion. All erosion prevention
and sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC or its agent. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order
of Conditions. Should such installation be required by the NACC, they shall be
installed within 48 hours of the Commission’s request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of ten (10) hay bales and additional stakes for staking. Said
erosion controls shall be used only for the control of emergency erosion problems and
shall not be used for the normal control of erosion.
46. Prior to the start of house construction, a Registered Land Surveyor (R.L.S.) shall stake
the foundation locations within the 100-foot buffer zone. These measurements will be
verified in the field by the Conservation Department.
47. A check payable to the Town of North Andover shall be provided in the amount of
$3,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC’s review and approval. This condition is issued
under the authority of the local ByLaw.
48. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an “Erosion Control Monitor” to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal
of waste products. Cleaning shall include removal of any entrapped silt.
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49. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the “Erosion Control Monitor” to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2” inch of rain or greater (24 hour event)
to ensure that soils remain stable, and erosion controls are adequate and secure.
50. Prior to construction, the applicant shall permanently mark the edge of the 25-foot
No-Disturbance Zone with signs or markers spaced evenly approximately every 30
feet incorporating the following text: “Protected Wetland Resource Area” and the
associated rules (1 square for every 3 round markers). Markers may also be placed on
mature trees at or up-gradient of the 25’ NDZ. These markers will designate the
sensitivity of the resource area and assure no further inadvertent encroachment into
the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department ($2 round and
$3 square).
51. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the “Compliance Certification Form Affidavit” attached via “Appendix
A” signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
52. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,
the contractor, the monitor and the applicant to ensure that all of the Conditions of
this Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede
any conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of
the permit’s terms and conditions. Thereafter, the contractor will be held jointly liable
for any violation of this Order of Conditions resulting from failure to comply with its
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conditions. The applicant or contractor shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate construction and to
ensure compliance with this Order. A reasonable period of time shall be provided as
notice of the pre-construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
53. The property will have a 1,000-gallon drywell for roof run-off installed per the detail
on the approved plans referenced herein and a 3-foot wide grass swale. The drywell
and swale shall remain in perpetuity and be maintained as needed.
54. Water quality in down gradient BVW’s shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
55. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins, traps, outlet structures, infiltration
structures, and other elements of the drainage system, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-
site or off-site resource areas, and shall maintain the integrity of vegetative cover on
the site.
DURING CONSTRUCTION
56. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior
to further construction activities associated with the site, the applicant shall complete
a plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
57. Upon beginning work, the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition #49 above) detailing what
work has been done in or near resource areas, and what work is anticipated to be
done over the next period. This will update the construction sequence.
58. Dewatering activities are not anticipated or approved. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw (including the Buffer Zone). If emergency
de-watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval, which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
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59. A stone track pad (minimum 25’ l x 10’ w with 2-3” crush stone) shall be installed at
the construction access for the project to minimize sediment tracking on to Nutmeg
Lane. This entrance shall be reinforced as necessary. Paved areas shall be swept daily
to remove sediment deposited by construction vehicles accessing then site.
60. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
61. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
st
be graded, loamed and seeded prior to November 1 of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation
Department) until climate conditions allow for seeding. During construction, any area
of exposed soils that will be left idle for more than 30 days shall be stabilized with a
layer of mulch hay or other means as directed by the NACC.
62. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
63. There shall be no stockpiling of soil or other materials within 100-feet of any resource
area. Stockpiled materials shall be stored within erosion controls in the location
shown on the herein referenced plan.
64. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall be protected by silt sacks to prevent sediment from entering the drainage
system (except where proposed to be blocked or removed). Silt sacks shall be
maintained and regularly cleaned of sediments until all areas associated with the
work permitted by this order have been permanently stabilized and the NACC or its
agent has formally approved their removal.
65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
66. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50’ of areas subject to protection under the Act
or local ByLaw.
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67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. During and after work on this project, there shall be no discharge or spillage of fuel,
or other pollutants into any wetland resource area. If there is a spill or discharge of
any pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored
within 100 feet of wetland resource areas, and no vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
69. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town’s Wetland protection ByLaw.
70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
type (< 5%), phosphorous free and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town’s Wetland
Protection ByLaw and shall survive the issuance of a Certificate of Compliance.
71. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
72. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
73. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
74. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A – “Request for a Certificate of Compliance.”
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
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e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor’s map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An “As-Built” plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
“As-Built” post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within
the Buffer Zone then the entire structure must be depicted to accurately
verify compliance.
“As-Built” post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
A line showing the limit of work and the extent of existing erosion control
devices. “Work” includes any disturbance of soils or vegetation.
Location of all subsurface utilities entering the property.
75. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
A 25’ No-Disturbance Zone and a 50’ No-Construction Zone shall be
established from the edge of adjacent wetland resource areas on lot except
in those locations approved under DEP # 242-1709. Future work within
100’ of existing wetland resource areas will require a separate filing with
the NACC (See Section 3.4 of the Regulations for performance standards
within these zones). The Conservation Administrator and/or other agents
of the NACC do not have the authority to waive these setbacks as
established under the local ByLaw;
Resource Area Markers (Condition #50);
Maintenance of drainage structures (Condition #53 & #54);
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Discharge or spillage of pollutants (Condition #68);
Prohibition of underground fuels (Condition #69);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#70);
Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #71).
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APPENDIX A - AFFIDAVIT
I, _______________________________________________ on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1.____ I am the _________________________of_______________________________
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions ____________________
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2.____ I am the ________________________ of __________________________
(position with owner) (owner name)
the owner upon whose land Order of Conditions___________________
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions _______________
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this _____ day of _________ 20____
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions _________ are presently in compliance.
(DEP File #)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions _______________.
(DEP File #)
Signed under the pains and penalties of perjury this ______ day of ____________ 20____.
_____________________________________________
(Signature - authorized agent of applicant or owner)
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