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HomeMy WebLinkAboutELM SERVICE CORP 0 Any anal shy¢( be filed r>,• .ti µ � Wlhifl l201, dnvsthe r. A►Ro.fn cage< c, ,� sice r ; in the 17 f53 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . August. 17, 1993 Petition No.. .033-93 , , , , , , , , , , , , , Date of Hearing. August 10.,. ,1993 Petition Of . . . . Elm.Service .Corp... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected .the_ East .side, of. Chestnut .Street... . . , , Referring to the above petition for a variation from the requirements of .Section .4. . . . . . Paragraph. 4.•2 .of. the. .2oning. Ey.law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit .a .variat.ion.of. the. Phased. Development .Pylaw. .t.Q .permit the.home . . . . builder. to. build.more. .homes. than.allow.ed .on. an. annual. basis. . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appals voted to . .GRANT . . . . the variance. . . . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit to . . !Um .Service. .C.orp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the construction of the above work, based upon the following conditions: The allowance of a maximum of thirty (30) houses within this construction year. Signed �/� Frank . . . . . . .William. Sullivan, . Uce-chairman Louis Rissin. . . . . . . . . . . . . . . . . . . . . Rob ert .Ford. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals F f Y4 Any J�1t -cited11 be l t%ORTH L3 �p� t (^ t"� VV 6.'j �n r ? O yl� SE vb OL clate a r; A 17 124 ill the, Office: r SSACHUS�� TOWN OF NORTH ANDOVER it MASSACHUSETTS BOARD OF APPEALS * Elm Service Corp. * Petition x#033-93 C/o John J. Nolan 853 Turnpike Street * DECISION North Andover, MA 01845 **************************** The Board of Appeals held a regular meeting on Tuesday, August 10, 1993 upon the application of Elm Service Corp. requesting a variation of Section 4, Paragraph 4.2 of the Zoning Bylaw so as to permit a variation of the Phased Development Bylaw to allow the home builder to build more homes than allowed on an annual basis on the premises located at the East side of Chestnut Street. The following members were present and voting: Frank Serio, Jr. , Chairman, William Sullivan, Vice-chairman, Louis Rissin and Robert Ford. The hearing was advertised in the Eagle-Tribune on June 23 & 30, 1993 and all abutters were notified by regular mail. Upon a motion by Mr. Sullivan and seconded by Mr. Ford, the Board voted unanimously to TAKE THE MATTER UNDER ADVISEMENT. Then, upon a motion by Mr. Sullivan and seconded by Mr. Rissin the Board voted unanimously to GRANT the variance allowing construction of a maximum of thirty houses within this construction year. Dated this 17th day of August 1993. BOARD OF APPEALS AA Frank S rio, Jr Chairman Received by Town Clerk: 1 Q 1 TOWN OF NORTH ANDOVER, hlui�TTS BOAT � t»» �Q1`j:�PP APPLICATION FOR RELIEF FROM TIIE REQUIREMEN-rs OF THE ZONING ORDINANCE 2 co ' fV o r-T* MAIN S' LfiET ? Applicant��_ Q�.� Cor _ N_Ac3Jres , �L�iT _C..OA(�}/b14/��' {�I " �Z u 1. Application is hereby made: Leee4e cc,,r*,eT% So*ry No4N,*.> a) For a variance from the requirements of Section4•7Paragraph (meg and Table of the Zoning By Laws. b) For a Special Permit under Section Paragraph of the Zoning By Laws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are Land and buiLding(s)_ numbered —�1-s1--� + �v ------- -Street. b) Premises affected are property with frontage on the North ( ) South ( ) East (* west ( ) side of _� !`t�f^ Street, and known as No. Street. C) Pxemises affected are in Zoning District , and the premises affected have an area of _square feet_and frontarle of feel.• . of_----- -square Ownership a) Name and address of owner (if jaintt �ownership, give all names): e ��A'►__�el_'VlC4...—_�t3 l_�st__L..�JL2_.11.�, .5f�'L�-l-�KL��5����I L. �.vn�A51De� DIo2$ Date of Purchase� ,�L�"L ,_Previous Owner vL {' (rtov(,.� -�tC b) If applicant is not owner, check his/her interest in the premises: _-Prospective Purchaser Lesee Other (explain) 4a Size of proposed building: front; feet deep; �an� " Height -stories; �_fcet, sew so.00e r a) Approximate date of erection:___0_n"_ b) Occupancy or use of each floor:Y--_-----_`- c) Type of construction: 5. Size of existing building:_` feet front;_ -feet drop: Heightstories; t. a) Approximate date of erection:_ b) Occupancy or use of each floor:` I c) YP of construction: --- - T e G Iters there been a previolls antcal under toni �• on t n e premise .. If so, when? J Vir. Description of relief sought on this petition +�+ �e,�,� �. Z, p ekotil :4 8.. . Deed recorded in the Registry of Deeds in Book-Page��'n'V ADO. Lbs Land. Court Certificate No. _Book Page : The principal points upon which I base•my application are as follows: ff (must be stated in detail) S3; ' 1,•� �. 1 _�r�.,, ice►•�•sem �, *.,� ;, g Ac, It ' Ire to pay Athrfilin fee, advertising in newspaper, and incidental pen s*LjAl :. Signature of• Petitior�er(s ;r , Every applicationfor action by the Board shall be made on a form approved by. the Board. These forms shalt be furnished by the Clerk upon request. ; Any communication purporting to be an application shall be treated as mere jnotice of intention to seek relief until such time -as it is .made on the . jofficiaL application form. All information 'called 'for by the form shall ' be furnished by the applicant in the manner tiherein,,:prescribed. .• Every-application shall be submitted with a list of "Parties In Interest ;which list shall include .the petitioner, abutters, owners of land directly ;opposite on any public or private street or way, and abutters to .the . :abutters ;within' three hundred feet (300' ) of the property line of the petitioner as they appear • on the most recent applicable tax list, !notwithstanding that the land of any such owner is located in another city..'•.:';;.i or town, the Planning Board of the city or town,, and the Planning Board of :every, abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible `' ; ,,,.,,,;• ' :for any and all costs involved in bringing the petition before the Board.,..' •;"•rr- ' Such_ costs shall include mailing and publication, but are not necessarily• limited to these. "••) Every application shall be submitted with a plan of land approved by the 01. ;a Board. No petition will be brought before the I3oard unless said Plait has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. i LIST OF PARTIES IN INTEREST � Usk Nix T- age r s� lbSTOF PARTIES OF INTEREST PAGE 1 OF 1 SUBJECT'PROPERTY :, F '. �y PARCEL MAPNAME r; , , ;,:o any ,,ti:a'", ,G "�; ,'^,+► s ADDRESS°, rs' ruxir,a° �Y4nCh1h� �1�K#M1,1. ?h �?y rxtr�+.� ; �r'4 9813 4 -PRO Norkin Ando,,o Chestnut Street North Andover, MA £s4^ 'e S ABUTTERS MAR'.1 ARCS NAME :: _.: P. L �; 5 ��^ �. ,fi` w , ua �, ADdaESS ,< ro4ez,��7 ���igra +r .'��;5�,�•x�;i 4 xa�.y,�ak✓ 'r.dw,� �a cpla+•;v;vs.: 98B 3tephen & Mary Swenson 58 Holly Ridge Road North Andover 38 251 ZMC Realty Trust John McGarry, Trustee 98B 16 401 Ant9nutor '-St. North Andover 98B 1 98B 21 2imothy & Michelle Finnigan 80 Holly Ridge Road, NA 38 29 98B 14 7oseDh & �Ilen Anderson 125 Rea Street, NA 98B 17 Robert & Kaye Stanzione 73 HollV Ridge Road North Andover 98B 15 Robert & Lorraine Madden 111 Rea Street, NA B filbert 0. Rea 44 Rea Street 98B 3 " 98B 39 � 98B 9 Josie Bredbury 710 Chestnut St NA 98B 10 Daniel Murphy,Maria Silva 20 Mill Road NA 98B 8 Steve and MAry Andreakis 30 Mill Road NA 98B 6 Cyr Associates 100 Water. Street, Lawrence 01840 98D 65 General Store Trust Joseph Barbacrallo, Trustee 1 Westward Circle No..Reading 01864 98D 66 Island Piece Realty Trust Ben Osgood, Trustee 33 Walker Road, North 98D 57 Charley Real Estate Trust B.C. & H.G. Osgood Trustees 33 Walker Road, North Andover 98D 40 Rea Land Associates R.T. Ben 'amin Osgood, Trustee 33 Walker Road, -North Andover 980 55 Magnum Realty Trust 3.A. Starr & C.T. Donovan, Trustees 98D 41 39 Brighton Avenue, Allson, MA'' 01934 a. c1pis IL. r s Lawe W 9pr4wuj,.4j W00 nsrmpo , `t 9 ao 4% 310 CMR 10.99 ` .��•x�i" e i_iU@ri.fl Form 5t]1: No 242-675 & C 1 �5 (Ta no wav ow ar 01EM Commonwealth Qty.Town •'�"� `.of MassacnusettS Aopucant ~ ` North Andover Estates • Lots 4, 35, 36 and 42 Chestnut Street Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From N, ^m„ ANDOVER CDMERVATION COMMISSION MA Limited Land Corp. To c/o Toll Bros. , Inc. Same (Name of Applicant) (Name of property owner) 55 Rosemont Drite Address North Andover, MA 01845 Address This Order is issued and delivered as follows: (r4 by hand delivery to acoiicant or representative on / �J (date) q Cal by certified mail.return receipt requested on This project is located at Lots 4,35,36,42 Chestnut Street The orocerty is recorded at the Registry of Deeds, North Essex Hook 355 Page_ 80 Certificate(it registered) The Notice of Intent for this oro)ect was tiled on September 27, 1993 (date) The oublic nearing was closed on October 6, 1993 (date) Findings The NACC has reviewed the above-referenced Notice of Intent anc=tans anc nas nerd a pubiic.heanng an the::)jest. 3ased on the information available to the NACC at this time.the NACC has oetermmed that the area on wnicn the orobosed work is to be done is significant to the following interests in accorcance with the Presuirouons of Sionificance set forth in the rpgwauons for earn Area Subject to Protection Unoer the Act(C:eck as abbroonatel: Ch.178 prevention of erosion and sedimentation Pubis.,water sup; Y t t Flood controi L[3 Land containing shellfish carnage Private water supply Pfevention opoiiuuonton QS Proteries e=on of wildlife habitat Ground water supply6 Ch-171M R a on Ch. 178 Wildlife State Share Tdmi Fiing t=ee Submitted (ih fee in excess of S25) Cityi town Share $51 2 50 State Portion S Total Refund Due S City/Town Portion S (1/2 total) (/z total) cif=^.we ''11 CIE° .. 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, ithe 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 Intentreferenced above. 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 1. 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. 2 . This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3 . 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. 4. The work authorized hereunder shall be completed within three years from the date of this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to ,'one year each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearingslbefore the Department. 7. The proposed work includes construction of four single family homes with appurtenances 'in the buffer zone. 8. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required) : (a) Notice of Intent filed by MA Limited Land Corp. c/o Toll Brothers Inc. (b) Plans prepared by MA Limited Land Corp. c/o Toll Brothers Inc. #242-675 Lots 4,35,36,42 North Andover Estates 3 9. The following wetland resource areas are affected by the proposed work: buffer zone and bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 10. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated September 4 , 1993 , Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 11. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 12 . 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. 13 . The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct four (4) single family homes will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent and approved herein, a twenty-five (25) foot no-disturbance zone and a fifty (50) foot no-construction zone shall be established from the edge of the adjacent wetlands. No disturbance of existing grade, soils or vegetation is permitted in the no-disturbance zone. (See Appendix 5 of the local Regulations) . 14. This Order of Conditions is issued in addition to those issued under File No. 242-585. PRIOR TO CONSTRUCTION 15. 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. 16. 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 of recorded land, the #242-675 Lots 4,35,36,42 North Andover Estates 4 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. 17. 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 Department of Environmental Protection, File Number 242-675" . 18. Any changes in the submittedplans 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. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 19. The presence of hillside springs has caused slope failure throughout the development. The applicant will submit a copy of the final slope stabilization plan to the North Andover Conservation Commission for approval, prior to implementation. 20. 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 and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor' s written contract. 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. 21. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 22. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that #242-675 Lots 4,35,36,42 North Andover Estates 5 erosion control measures can be properly placed and wetland impacts can be monitored. 23. A row of staked hay bales backed by a siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed a shown on plan and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed 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. 24 . The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty (20) hay bales per lot and sufficient stakes for staking these bales (or an equivalent amount of silt fence) . Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 25. All erosion from house lot construction will be contained on the lot by surrounding each lot with silt fence. Hill side lots will have in place a means of preventing soils from eroding onto or across paved roadways. 26. A proper bond or a deposit of money running to the Town of North Andover shall be provided in the amount of $3, 000. 00 per lot 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 before commencement of work. Said bond or 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 provision, satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond 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. DURING CONSTRUCTION 27. Upon beginning work, the applicant shall submit written progress reports every month 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. 28. 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, #242-675 Lots 4,35,36,42 North Andover Estates 6 cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 27 . No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 29. No regrading 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. 30. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 31. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4" of quality loam) , and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 32. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system or wetland resource area. 33. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. 34. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 35. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 36. 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. #242-675 Lots 4,35,36,42 North Andover Estates 7 AFTER CONSTRUCTION 37. 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. 38. Fertilizer will not exceed 5% nitrogen and must be pre- approved by the North Andover Conservation Commission. 39. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. 40. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 41. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer certifying compliance with this Order of Conditions and the approved plans referenced herein (or approved revisions) . A letter from a qualified wetland scientist certifying compliance with local/state regulations is also required for the wetland replication/restoration area. A stamped "As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and Bylaw shall be submitted when a Certificate of Compliance is requested. This plan will include: a. "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland. b. "As-Built" elevations and grades of all filled or altered wetland resource areas. C. Distances from structures to wetlands. d. A line showing the limit of work. "Work" includes any disturbance of soils or vegetation. 42. The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 35. Discharge or spillage of pollutants. 36. Prohibition of storage of fuels underground. 38 . Limitations on the use of fertilizers, herbicides and pesticides. 39 . Fertilizer will not exceed 5% nitrogen. i Issued By North Andover Conservation Commission Signature(s) �- f This Order must be sifid by a majority of the Conservation Commission. y day of .fg�7Z On this � 19before me personally appeared 0-,E&Wc -7 e4 . to me known to be the person described in and who executed the foregoing instrument and acknowledged that hershe executed the same as his/her free act and deed. &Ja A&J,-t5-' A;, Notary Public My commission expir s The acuitcant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done,or any ten residents of the city or town in which such land is located,are hereby notified of their right to reauest the DeDanment of Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Deoanment, With the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030,within ten days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. .................................................................................................................................................................................................................. To North Andover Conservation Commission Issuing Authority Please be advised that the Order of Conditions for the protect of Lots 4,35.36 & 42 Chestnut Street/N.A. Estates ;:,ie Number 242-667 has been recorded at the Registry of Deeds North Essex and has been noted in the chain of tate of the affected property in accordance with General Condition 8 on 19 If recorded land. the instrument number which idenuties this transaction is If registered land, the document number which identifies this transaction is Sicnawre - Acpiiczin! 5-4A