HomeMy WebLinkAbout2008 Form 1075 Notice of Activity & Use Limitation Bk 11271 Pi3 142 -20417
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L, c.21E, § 6 and 310 CMR 40.0000
Disposal Site Name:Fortner Merrimack Valley Works
DEP Release Tracking No#): 3-0174,3-21863, 3-23204,3-25333
This Notice of Activity and Use Limitation('Wotieo")is made as of this 29th day of July,
2008,by 1600 Osgood Street,LLC having aprincipal place ofbusiness at 3 Dundee Park,Andover,
MA 0181.0,together with its successors and assigns(collectively"Owner").
W ITNES SETH:
WHEREAS, 1600 Osgood Street,LLC is the owner in fee simple of that certain parcel of
land located in North Andover,Essen County,Massachusetts with the buildings and improvements
thereon,pursuant to a deed recorded with the North Essex County Registry of Deeds in Book 8213
Page 272 as subdivided pursuant to a Plan recorded in the North Essex County Registry of Deeds as
Plan No. 15396, with a portion thereof being conveyed pursuant to a Deed recorded at the North
Essex CountyR.egistryofDeeds in Book 10590,Page 0007;as further subdividedpursuant to a Plan
recorded in Essex North Registry of Deeds as Plan No. 15932, with a portion thereof conveyed
pursuant to a Deed recorded in the North Essex CountyR.egistry of Deeds at Book 11180,Page 289;
and as further subdivided pursuant to a Plan recorded in the North Essex County Registry ofDeeds
as Plan No. 15933,with a portion thereof conveyed pursuant to a Deed recorded in the North Essex
County Registry of Deeds at Book 111.80,Page 290;
WBEREA,S, said parcel of land, which is more particularly bounded and described in
Exhibit A,attached hereto and made a part hereof("Property")is subject to this Notice of Activity
and Use Limitation;
WHEREAS,a portion ofthe Property("Portion ofthe Property")is subject to this Notice of
Activity and Use Limitation. The Portion ofthe Property�ismoreparticularlybounded and described
in Exhibit A-1,attached hereto and made apart hereof The Portion of the Property is shown on a
plan recorded with the North Essex County Registry of Deeds as Plan No. 15939,and on a sketch
plan attached hereto and filed herewith for registration;
WHEREAS,the Portion ofthe Property comprises all of several disposal sites as the result of
arelease of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship ofthe
Portion ofthe Property subject to this Notice ofActivity and Use Limitation to the boundaries of said
disposal site existing witha the limits of the.Property and to the extent such boundaries have been
established, Exhibit B is attached hereto and made a pant hereof; and
Bk. 11271 Pg143 #20417
WHEREAS; one, or more response actions have been selected for the Disposal Site
in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan,
310 CMR 40.0000 ("MCP"). Said response actions are based upon(a)the restriction of human
access to and contact with oil and/or hazardous matmia1 in soil and/or groundwater and/or(b)the
restriction of certain activities occurring in,on,through,over or under the Portion of the Property,
The basis for such restrictions is set forth in an Activity and Use Limitation Opinion
("AUL Opinion"), dated 29 July 2008, (which is attached hereto as Exhibit C and made a part
hereof);
NOW,THEREFORE,notice is hereby giveni that the activity and use limitations set forth in
said AUL Opinion are as follows:
1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides
that a condition of No Significant Risk to health, safety, public welfare or
the environment exists for any foreseeable period of time (pursuant to 310
CMR 40.0000) so long as any of the following activities and uses occur on the
Portion of the Property:
U) Commercial,retail and industrial activities and uses including but not limited
to vehicle parking and pedestrian and vehicular traffic;
(ii) Landscaping activities and routine maintenance of landscaped areas that do
not cause and/or result in direct contact with, disturbance of, and/or
relocation of, contaminated soil, groundwater, and/or soil vapor currently
located at the Disposal Sites;
(iii) Excavation associated with emergency or short-term(three months Or less)
underground utility and/or construction work, provided it is conducted in
accordance with a Soil Management Plan and a Health and Safety Plan in
accordance with Obligations(i)and(ii)of this Notice;and involves the repair
and/or replacement of the ground surface, exterior pavement, or building
ground or sub floor with a comparable barrier immediately following
completion of the work;
(iv) Activities and uses that are not inconsistent with maintaining a level of No
Significant Risk at the Portion of the Property;
(v) Such other activities or uses which, in the Opinion of an LSP, shall present
no groater risk of harm to health, safety,public welfare or the environment
than the activities and uses set forth in this Paragraph; and
(vi) Such other activities and uses not identified in Paragraph 2 as being Activities
a-ad Uses Inconsistent with the AUL.
2. Activities and Uses Inconsistent with the AUL O inion. Activities and uses which
are inconsistent with the objectives of this Notice ofActivity and Use,Limitation,and
which,if implemented"nt the Portion of the Property,may result in a significant risk
Bk 11.271 Pg144 *20417
of harm to health,safety,public welfare or the environment or in a substantial hazard,
are as follows:
Q) Use as a residence,school(as defined in the UP Activity and Use limitation
Opinion in Exhibit C),nursery,dayeare,park,playground,or recreation area
(as defined under 310 CNIR 40.0000), and/or other such use at which a
child's presence is likely on a continuous basis;
(R) Use for gardeningor agriculture including cultivation offruits and vegetables
for human consumption;
(iii) Activities and/or uses that are likely to involve the removal and/or
disturbance of exterior pavements, surface sail, and/or building ground or
sub-grade floors and for the disturbance of the contaminated soil located
immediately beneath these structures without prior development of a Soil
Management Plan and a Health and Safety Plan in accordance with
Obligation(i)and(ii)of this Notice;
(iv) Relocation and/or reuse of any contaminated sail unless an LSP renders an
Opinion that states that such relocation and/or reuse is consistent with
maintaining a condition of No Significant Risk and with the provisions of
310 CMR 40.0030, and
(v) Activities and/or uses that could reasonably be expected to cause physical or
chemical deterioration,breakage,or structural damage to a building slab,sub
floor and/or exterior pavement thereby causing exposure to contaminated
media that is inconsistent with a condition ofNo Significant Risk as defined
by the risk characterization conducted in accordance with 310 CMR 40.0900.
j (vi) Activities and/or uses that could increase the potential for migration of
organic vapors into the indoor air of buildings within the Portion of the
Property unless an LSP renders an Opinion that such activities and/or uses
will not be inconsistent with the exposure scenarios and_conclusions of the
-risk assessment, conducted in accordance with 310 CMR 40.0900, that is
applicable to the specific area of work.
i
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3. Obligations and Conditions Set Forth in the AUL.Qpinion. If applicable,obligations
and/or conditions to b e undertaken and/or maintained at the Portion of the Property to
maintain a condition of No Significant Risk as set forth in the AUL Opinion shall
include the following:
(i) A Soil Management Plan,Release AbatementMeasure Plan,Utility-Related
Abatement Measure Plan, Phase IV Remedial Implementation Plan, or
applicable other vehicle provided under 310 CMR 40.0000 must be prepared
by an LSP and implemented prior to the commencement of any activity that is
likely to disturb the contaminated soil located beneath the pavement or
buildings within the Portion of the Property.The applicable Plan(s)must be
prepared in accordance with the provisions af310 CMR 40,0000,specifically
r
Bk 11271 Pg145 *20417
the"Management Procedures for Remediation Waste"stipulated at 310 CMR
40.0030 and the guidelines discussed in the LSP Activity and Use Limitation
Opinion attached hereto as Exhibit C;
(ii) A Health and Safety Plan must be prepared and implemented in accordance
with the guidelines discussed in the Activity and Use Limitation Opinion
attached hereto as Exhibit C prior to the commencement of any activity that
involves the removal and/or disturbance of any pavement or building round
or sub floor and/or is likely to disturb the underlying contaminated soil within
the Portion of the Property;
(iii) Building ground or sub grade floors in both existing and future buildings,
existing and future exterior pavements, and/or any other means used for
precluding contact with underlying contaminated soils must be constructed
and. maintained to ensure that underlying contaminated soils remain
inaccessible;
(iv) Nor to activities and/or uses that could increase the potential for migration
of organic vapors into the indoor air of buildings within the Portion of the
Property, an LSP must render an Opinion that these activities/uses are not
inconsistent with the exposure sconarios and conclusions of the risk
assossment, conducted in accordance with. 310 CMR 40.0900, that is
applicable to the specific area of work; and
(v) New buildings or structures shall be designed and constructed with a vapor
barrier or subslab venting system to prevent the migration of vapors from
underlying contaminated soils or groundwater to the interior of the buildings
or structures. The design of these barriers and subslab ventilation systems
shall be approved by an InSP prior to construction. Any such harriers or
systems shall be properly operated and maintained such that they continue to
function as designed.
4, Proyosed Changes i Activities and Uses. Any proposed changes in activities and
uses at the Portion of the Property which may result in higher levels of exposure to
oil and/or hazardous material than currently exist shall be evaluated by an LSP who
shall render an Opinion,in accordance with 310 CA4R 40.1080 et seq.,as to whether
the proposed changes will present a significant risk ofhauxn to health,safety,public
welfare or the environment. Any and all requirements set forth in the Opinion to
meet the objective of this Notice shall be satisfied before any such activity or use is
commenced.
S. Violation of a Response Action Outcome. The activities,uses and/or exposures upon
which this Notice is based shall not change at any time to cause a significant risk of
harm to health, safety,public welfare, or the environment or to create substantial
hazards due to exposure to oil and/or hazardous material without the prior evaluation
by an LSP hi accordance with 310 CA4R 40.1080 et seq., and without additional
response actions,if necessary,to achieve or maintain a condition of No Significant
Risk or to eliminate substantial hazards.
Blc. 11271 Pg146 #20417
If the activities, uses, and/or exposures upon which this Notice is based change
without the prior evaluation and additional response actions determined to be
necessary by an.LSP in accordance with 310 CMR 40.1080 et seq., the owner or
me that the
operator of the Portion of the Property subject. to this Notice at the ti
activities,uses and/or exposures change,shall comply with the requirements set forth
in 310 CMR 40.0020.
6. lnco oration Into Deed Mort a es Leases and Instruments of Transfer. This
Notice shall be incorporated either in full or by referencintoall ofu auydeeds,
easements, mortgages, leases, licenses, occupancy agreements
other
instrument of transfer,whereby an interest in and/or a right to use the Property or a
portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and/or
registration of this Notice,said Notice to become effective when execueduu d rSeal
by the undersigned LSF,and recorded and/or registered with the approp gi trY
of Deeds and/or Land Registration.Office.
xmution hereof under seal this y Cf ,
W1TNJ3SS the e day of 2008.--'�—'
By its Manager,as duly authorized
Orit Goldstein,Manager
1600 Osgood Street,LLC-
COMMOXWEALTH OF MASSACHUSETT f
2008
—Essex ss
On this day of ad" 2008, before me, the undersigned notary public,
personally appeared Orit Orc dstein,groved to me through satisfactory evidence of
identification,which were YIOW4 Vh to be the person whose name is
signed on the preceding or attacheddocument, and acknowledged to me that (he) (she)
signed it voluntarily for its stated purpose.
SUZAN M. MOM"
* Notary Public
' `commonwrrvlth of moswchusetts
My CAmmlision metres
Mumh x,.2014
N Public
i
Bk 11271 Pg147 #20417
The undersigned LSP hereby certifies that: he oxecuted the aforesaid Activity and Use
Limitation Opinion attached hereto as Exhibit C and made a park hereof and that in his
Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in
said Activity and Use Limitation Opinion,
Date:" Ors '�a R
e Soukup,LSP
COMMONWEALTH OF MASSACHUSETTS
Essex ,88 e ,2008
On this 04 day of , 2008, before me, the undersigned notary public,
personally appeared James Souk�1p, proved to me through satisfactory evidence of
id
entification,
on the preceding or attached document,�c4'��-.�, to be the person whose name is
s
cument, and acknowledged to me that he signed it
voluntarily for its stated purpose.
i
SSUZAN M. MOFlKE'1't' j
# Noary Public
commonw►olth of mdssashuseM
My Commlisian EvIras '
M04 r, 2014
sue_ I
Notary-ablic
Upon recording,return to:
1600 Osgood Street,LLC
1600 Osgood Street Suite 200
North Andover,MA 01845
e
Bk 11271 Pg148 #2041.7
Form 1075 310 CMR 40.1099
1600 Osgood Street/Farmer Merrimack Valley Works
North Andover,Massachusetts
Exhibit A
Legal Description of Entire property
(page 1 of 3)
A certain tract or parcel of land situate in the Commonwealth of Massachusetts, County
of Essex and Town of North Andover and located on the westerly side of Osgood Street being
more:particularly b ounded and described as follows:
Beginning at a granite bound on the westerly sideline of said Osgood Street at other land
now or formerly of 1600 Osgood Street,LLC, said point being the southeast coiner of the within
described premises;
Thence by said other land of 1600 Osgood Street, LLC, Inc. S68132'45"W one thousand
four hundred eighty-one and eighty-four hundredths (1,481.84) feet to a granite bound at land
now or formerly of the Commonwealth of Massachusetts;
Thence by land of said Commonwealth of Massachusetts N62°12'23"W seven hundred
fifty-eight and ninety-eight hundredths (758.98) feet to a granite bound at other land now or
formerly of the Commonwealth of Massachusetts;
Thence by said other land of the Commonwealth of Massachusetts N43150'26"W one
hundred seventy and five hundredths(170.05)feet to a granite bound;
Thence continuing partly by said other land of the Commonwealth of Massachusetts and
partly by land now or formerly of North Andover 2004,LLC N01029129"E two hundred seventy-
three and seventy-nine hundredths(273.79)feet to a granite bound;
Thence continuing by land of said North Andover 2004, LLC N10°39`45"W sixty-nine
and ninety-eight hundredths(69.98)feet to a granite bound;
Theme continuing by land of said North Andover 2004, LLC N23°51'01"W one
thousand three and eighty hundredths (1003.80) feet to a granite bound at land now or formerly
of the Massachusetts Bay Transportation Authority(formerly Boston&Mains Railroad);
Thence by land of said Massachusetts Bay Transportation Authority the following five
(5)courses,
N38018143"E seven hundred forty and ninety hundredths(740.90)feat to granite bound;
Thence N43°10114"1?one hundred and thirty-six hundredths (100.36)feet to a point;
i
Thence N37109'59"E one hundred arid two hundredths(100.02)feet to a point;
1=k 11271 Pg149 020417
Forth 1076 310 CMR 40,1099
1600 Osgood Street/Fwmer Merrimack Valley Works
North Andover, Massachusetts
Exhibit A
Legal Description of Entire Property
(page 2 of 3)
bound; Thence N340351351113 one hundred and twenty-one hundredths (100.21) feet to a granite
Thence N38°18'43''E three hundred thirty-seven and sixteen hundredths(337.16) feet to a
point at land now or formerly of Osgood Landing,LLC;
Thence by land of said Osgood Landing,LLC the following tour(4) courses:
S13°45'07"E one hundred forty-four and sixty-six hundredths(144.66)feet to apoint;
Thence N7611S T VE sixty-six and six hundredths(66.06)feet to a.point;
Thence N47121'57"E eighteen and fifty-four hundredths(18.54) feet to a point;
Thence N76024'06"E three hundred three and no hundredths (303.00) feet to a point at
other land of 1600 Osgood Street LLC;
Thence by other land of said 1600 Osgood Street LLC 813°45'07"E two hundred eighty
and forty hundredths (280.40)feet to a point;
Thence continuing by other land of said 1600 Osgood Street LLC N76°14'53"E nine
hundred fifty-five and no hundredths (955.00) feet'to a point on the westerly sideline of said
Osgood Street;
Thence along the westerly sideline of said Osgood Street the following seven(7)courses:
S03°11'18"B forty-four and sixty-nine hundredths(44.69)feet to a mass highway bound;
Thence along a curve to the left 10°14'15", a radius of three thousand one hundred
twelve and fifty-seven hundredths(3,112.57) feet and an arc length of five hundred fifty-six and
fourteen hundredths(556.14)feet to a point;
Thence S13°2532"E six hundred forty--four and twenty--two hundredths (644.22)feet to a
point;
Thence S76°22147"W fifteen and ten hundredths (I5.10) feet to a lead plug with tack in
the sidewalk;
Thence S13°37'13"E four hundred fifty-seven and eighty-one hundredths (457.81)feet to
amass highway bound;
Bk 11271 Pg15 0 #2 0 417
Form 1075 310 GMR 40,1099
1600 Osgood SlreeWarmer Merrimack Valley Works
North Andover,Massachusetts
Exhibit A
Legal Description of Entire Property
(page 3 of 3)
Thence along a curve to the right having a central angle of 06142156", a radius of one
thousand five hundred and no himdrodths (1,500.00) feet and an arc length of one hundred
seventy-five and eighty-one hundredths(175,81)feet to a mass highway bound,
Thence 801112'17"W three hundred forty-five and twenty-four hundredths (325.24) feet
to the point of beginning.
Said tract or parcel of land contains 5,181,217 square feet or 118,945 acres more or less.
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Bk 11271 Pg151 *20417
Form 1075 310 CMR 40,1099
1600 Osgood Street/Former Merrimack Valley Works
North Andover,Massachusetts
Exhibit A-1
Written Legal Description AUL Area
(page 1 of 2)
A certain tract or parcel of land situate in the Conunonwealth of Massachusetts,County
of Essex and.Town of North Andover on the westerly side of Osgood Street and shown as
"ACTIVITY AND USE LMTATION AREA' on a plan entitled`Plan of Land,Assessors Map
34 Lot 17, 1600 Osgood Street North Andover,Massachusetts Prepared for Weston Solutions';
Scale: 1"-160%Date:May 14,2008 by MHF Design Consultants, Ina. and to be recorded at the
North Essex County Registry of Deeds being more particularly bounded and described as
follows:
Beginning at a point at the southeast comer of Building 30 as shown on said plan,said
point being N30156'03"W nine hundred ninety-two and eighteen(992.18) feet from a
6"x6"granite bound at the southeast corner of Map 34 Lot 17 as shown on said plan;
Thence along the fake of said Building 30 S76°22'20"W four hundred fifty-three and
twenty-six hundredths(453.26)feet to a point;
Thence 813148'52"E two hundred sixteen and seven.hundredths(216.07)feet to an iron
pin;
Thence S76138'19'V three hundred fifty-five and seventy-one hundredths(355.71)feet
to an iron pin;
Thence N74"50'53"W two hundred eighteen and fifty-four hundredths(218,54)feet to an
iron pin;
Thence NI3°26'51"W seven hundred thirty nine and forty-two hundredths(739.42)feet,
partly along the face of Building 44&45, to an iron pin.;
Thence S76133'11"W three hundred fifty-seven and two hundredths(357.02)feet to an
iron pin;
Thence N13°34'58"W four hundred twenty and three hundredths(420.03)feet to an iron.
lain;
Thence along a curve to the right having a central angle of 50'51'50", a radius of one
hundred eighty and no hundredths(180.00)feet and an are length of one hundred fifty-nine and
seventy-nine hundredths(159.79)feet to an iron pity;
Bk 11.271 Pg152 #2041.7
Form 1075 310 CMR 40.1099
1600 Osgood Street/Former Merrimack Valley Works
North Andover, Massachusetts
Exhibit A-t
Written Legal DeseAption AUL Area
(page 2 of 2)
Thence N37°20'52"E four hundred twenty-one and thirty-three hundredths(421,33)feet to an
Iron pin;
Thence S13°24'36"E two hundred eighty three and twelve hundredths(283.12) feet to an
iron pin;
Thence N75°54'24"E two hundred twenty-nine and five hundredths(229.05)feet to an
iron pin;-
Thence S13°3359"B three hundred twcnty;two and seventy-eight hundredths(322,78)
feet to an iron pin,
Thence N76022'53"E seven hundred thirty-two and eight hundredths(732.08)feet to a
point along the face of Building 21,
Thence S13°37'40"E eight hundred fifty-one and ninety--nine hundredths(851,99) feet,
partly along the face of said Building 30,to the point of beginning.
Said tract or parcel of land Contains 1,284,217 square feet or 29,482 acres more or Iess
f
S
Bk 1.1271 Pg153 *20417
Form 1076 310 CM 40.1099
9 600 Osgood StreetlFormer Merrimack Valley Works
North Andover,Massachuseb
Exhibit B
Sketch of Disposal Sites in Relation to the AUL Area
(See Neat Page)
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EXHIBIT "B"
UMITS OF DISPOSAL SITES
Al1L FORM 1075 UANCHESTER NEW HMMIRE a
I3li a I4N PATE DES. ENG. DATE W.G. No,
16€3t� OS GOOD STREET A.J-M.. 6/17/08 F.R.S. 6/17/08 11621-039.001
CHECKED DATE SCAB REYSQN F)OURE NO.
NORTH ANT 2M-, MASSACHUSETTS I F,R.S. 6/17/08 AS SHOWN 1
Bk 11271 Pg155 #20417
Form 1076 310 CMR 40.1099
Exhibit C--AUL Opinion
1600 Osgood Street/Former Merrimack Valley Works
North Andover, Massachusetts
Exhibit C AUL Opinion
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation
(AUL)Opinion has been prepared for the portion of the property at 1600 Osgood Street in North
Andover (formerly known as the Merrimack Valley Works) that is the subject of an AUL
(Portion of the Property). In addition to the primary address of 1600 Osgood Street, this AUL
also applies to 1590, 1610, and 1636 Osgood Street; which are tenant addresses within the main
parcel. The AUL will be recorded in the North Essex County Registry of Deeds. As of the date
of this AUL Opinion, the Portion of the Property is located within an area zoned for commercial
and industrial uses.
Introduction
The former Merrimack Valley Works is a 1,900,000 square-foot manufacturing facility that Was
located can 168 acres of land off of Osgood Street (Route 125) in North Andover. The original
168-acre property included approximately 115 acres that were historically used by Lucent
Technologies Inc. and it predecessors for manufacturing operations. The remaining 53 acres
included landscaped area and undeveloped woodlands,wetlands,and flood plain.
The original 168 acres was subdivided by flan dated May 15, 2006, recorded January 16, 2007
as Plan Number 15396, into two parcels; and was further subdivided pursuant to Plans dated
March 13, 2008 and recorded at the North Essex Registry of Deeds as Plans No. 15932 and
15933 (accompanied by Deeds adjusting said lot line recorded in Book 11180, Pages 289 and
290 and Book 10590, Page 7). The parcel that is the subject of this AUL is a portion of Town of
North Andover Assessors Map 34, Lot 17 (Lot 17), as shown on Plan No. 15932, and described
in those Deeds set forth hereinabove. Lot 17 is 118.9 acres and encompasses the developed or
industrlallcommeroial core of the original 169 acre property.
There are currently more than 40 buildings/structures located on Lot 17 which comprised the
industdaUcommnercial core of the former Lucent Merrimack Valley Works or facility. After its
construction in 1956, the facility was used for manufacture of equipment and components for the
telecommunications industry. Starting in 1995, manufacturing operations were sealed back
significantly at the site. Lucent sold the property to 1600 Osgood Strect, LLC in 2003, 1600
Osgood Street LLC manages the property and has since leased various portions of the site to
other businesses.
At this time the uses of the property are generally commercial with some light manufacturing. As
additional tenant spaces are leased, tenants are expected to change to include some retail uses.
For the foreseeable future, uses are expected to remain commercial and/or industrial with some
retail uses, Future, use of the site for residences and schools for grades 12 and under are
inconsistent with the exposure scenarios included in the risk assessments that have been
conducted to date for certain areas of the property.
The street address used historically for this Site is 1600 Osgood Street.As new tenants are added
to Lot 17 additional street addresses may be added.
Bk. 11271 Pg156 #20417
Farm 1076 310 CMR 40.1099
Exhibit C--AUL Opinion
1$00 Osgood StreetlF'ormer Merrirriack Valley Works
North Andover,Massachusetts
The properties adjacent to the former Merrimack Valley Works are mainly used for industrial
and commercial purposes. A few residential properties are also present near the far northeastern
corner of the facility.A small,unnamed intermittent stream is located in the northwest portion of
the property. The unnamed stream flows northward and discharges to the Merrimack River,
which is located along the northern boundary of the property. r
Hazardous chemicals, predominately chlorinated solvents, such as trichloroethene (TCE) and
1,1,1-trichl6roethane(111 TCA), and various metals were historically stowed at the site and used
in large quantities during the, manufacturing process. These hazardous materials are no longer
used or stored at the facility.As a result of historic spills at the facility, there-are several areas of
contaminated soil and groundwater within the former manufacturing areas of the Merrimack
Valley Works. These areas are regulated under the Massachusetts Contingency Plan (MCP)
under Release Tracking Numbers (RTNs) 3-0174, 3-21863, 3 23204 and 3-25333, which are
discussed below.
MCP Site History
RTN 3-0174 Burildin s 70/71
Buildings 70 and 71 are large multi-story warehouse/manufacturing buildings located near the
center of the property. The area to the south of Building 70(including the area beneath Building
71)bad historically been the location of several large underground storage tanks and a pumping
system used for the storage and transfer of solvents used in the manufacturing process at the
Merrimack Valley Works. Reloases associated with these tanks and the pumping system have
resulted in significant contamination of soil and groundwater in this area. The primary
contaminants are TCE, 11.1TCA, and the degradation products of these chemicals such as 1,1-
and 1,2-dichloroetbene. Environmental investigations and remediation have been ongoing in this
area since the late 1980s, when the tanks were removed and the contamination was first
discovered. The investigations have included extensive soil, groundwater, and indoor air
sampling. Remediation of this area has becn' ongoing since 1990. Initially a pump-arid-treat
system was installed in Building 51 to treat the downgradient dissolved contaminant plume.
Source area treatment commenced in 2002 when groundwater and soil vapor extraction and
treatment were implemented. The source area treatment program was expanded in 2003 with
implementation of in situ chemical oxidation(ISCO)
'fie 3[SCO program included the installation of 160 injection wells within Buildings 70 and 71
and in the exterior area to the south. Several injections of sodium permanganate, a chemical that
oxidizes and destroys groundwater contaminants, have been completed and a substantial
reduction in contaminant concentrations has been Observed. The injections will continue until the
traction (SVE) system continues to operate to
cleanup goals are reached. The soil vapor ex
remove volatile organic compound
(VOCs)in the contaminant source area and intercept vapors
beneath the buildings. Prior to cornmeneement of the TSCQ program, a risk characterization was
preformed to evaluate the risk to workers from VOCs in indoor air. The risk characterization
Bk 11271 Pg157 020417
Form 1076 310 CMR 40.1099
Exhibit C—AUI.Opinion
1600 Osgood StreetlFormer Merrimack Valley Works
idorlh Andover,Massachusetts
concluded that a condition of No Significant Risk existed for adult workers in Building 70171 as
long as the existing SVE system is operated with no extended downtime.
It is anticipated that once the remediation activities have been completed, a revised risk
characterization will be.performed to confirm that a condition of No Significant Risk exists at the
site without active subslab vapor removal. The exposure scenarios for the risk characterization
will be based on future commercial and industrial uses of the site that are consistent with the
AUL. Amer it is determined that a condition of No Significant Risk exists for all potential
receptors,a Class A-3 Response Action Outcome Statement will be issued for the Disposal Site.
RTN 3-0174 Building 30
Building 30 is the largest building at the Merrimack Valley Works. The building was used for
manufacture and assembly of various telecommunications equipment. During decommissioning
of the building following closure of the plant,it was found that solvents had been released to soil
beneath the building through a floor drain in the former machine shop. Testing of soil and
groundwater beneath the building confirmed that contamination, primarily TCE, was present in
this area. The contamination appears to be limited to the shallow sand aquifer and the
unsaturated zone. The impacted area is estimated to be approximately 6,000 square ft. and is
entirely located beneath the southeast corner of Building 30. Indoor air sampling indicated that
soil vapors had migrated into the building through cracks and around foundation penetrations.
Subsequent sealing of the cracks and penetrations have significantly reduced the concentrations
of subsurface contaminants in indoor air.
As a result of these findings,a remediation system was installed in 2002 that consisted of a series
of SVE and air sparging wells designed to remove contamination from the unsaturated zone and
from groundwater. As part of the ISCO program that commenced in 2003, injection of sodium
permanganate was used instead of the air sparging system for treatment of the saturated zone.
Several sodium permanganate injections have been performed and VOC concentrations in
groundwater have decreased significantly. Furthermore, concentrations of VOCs in the air
extracted from the vadose zone soil by the SVE system have also dropped, suggesting that
remedlativn of the vadose zone soil is nearing completion.
Prior to commencement of the ISCO program, a risk characterization was performed to evaluate
the risk to workers from VOCs in indoor air. The risk characterization concluded that a condition
of No Significant Risk existed for adult workers in Building 30 as long as the existing SVE
system is operated with no extended downtime.
It is anticipated that once the groundwater romediation has been completed, a revised risk
characterization will be performed to confirm that a condition of No Significant Risk exists at the
site without active subslab vapor removal. The exposure scenarios for the risk characterization
will be based on future commercial and industrial uses of the site that are consistent with the
AUL. After it is determined that a condition of No'Significant Risk exists for all potential
receptors, a Class A-3 Response Action Outcome Statement will be issued for the Disposat.Site.
Bk. 11271 P9158 #20417
Form 1075 310 CMR 40.1099
Exhibit G--AUL Opin[on
180o Osgood StreetlForrner Merrimack Valley Works
North Andover,Massachusetts
RTN 3-21.863 Former Pri op
The former PWl3 Shop was located in the basement level of the northern section of Building 30
and was used for the production of printed wire boards,This Disposal Site includes not only the
former PWB Shop, but the adjacent area to the north (downgradient) and includes portions of
several facility buildings, including the main manufacturing building (Building 30), the plant
construction storage building (Building 35), .modular office buildings (Building 22), and
electrical substations (Buildings 47 and 54). In addition to the existing buildings, the PWB Area
also encompasses a number of landscaped areas and paved walkways, parking lots, and
driveways.A subsurface wastewater piping and utility corridor,which is also included as part of
this Disposal Site is located adjacent to and beneath the paved walkway just north of Building
30.
Envirortmental investigations commenced at the former PWB Shop in the early 1990s, shortly
after the Shop was removed from service. In 2002, cyanide was detected in groundwater
downgradi.ent of the former PWB Shop at a concentration that exceeded the MCP Reportable
Concentration.The disposal site is classified.as Tier 1 C under the MCP.
The Phase II Comprehensive Site Assessment Report was submitted to MassDEP on 23 February
2005. The risk characterization included in the Phase II concluded that a condition of No
Significant Risk exists for all current and reasonably foreseeable fixture uses of the site, assuming
that such uses would be restricted to commercial/industrial activities and children would be
present infrequently. The report recommended that an Activity and Use Limitation be
implemented to restrict future use to those activities consistent with the Risk Characterization
and that a Class B 2 RAO Statement be issued for the Disposal Site,
A Phase III Remedial Action Plan was prepared to assess the feasibility of achieving or
approaching background, because hazardous materials were identified in soil, groundwater, and
indoor air at the site, even though a condition of No Significant Risk was shown to exist. The
Phase IIl was submitted to MassDEP on 9 August 2005 and concluded that the additional cost of
cleaning up the site to background conditions was not justified because a condition of No
Significant Risk already existed without implementation of remedial measures.
It is anticipated that a Class B 2 Response Action Outcome Statement will be fled with
MassDEP after this AUL has been recorded.
RTN 3 23204 Buiidin 48 Area
The Building 48 Area is located near the northwest corner of the I 15-acre manufacturing area of
the Merrimack Talley Works and is comprised of Buildings 48 and 49 and the surrounding opera
l areas, Both buildings were consh-acted in the mid-1980s. Prior to construction of the buildings,
a the area had been used for the interim storage of drams containing waste solvents and was
referred to as the "Barrel Pad". A storage tank, known as the "waste flammable tank," was
formerly located to the south of Building 48. The waste flammable tank was reportedly used to
g
store larger volumes of used solvents prior to off site disposal.The tank is believed to have been
B:k 11271 Pg159 #204.17
Form 1076 310 CM 40.1099
ExhlbIt C--AUL Opinion
1800 Osgood Slreet/Former Merrlmack Valley Wofks
North Andover,Massachusetts
a 3,000-gallon steel tank that was installed in 1971 and removed in the mid-1980s.
Environmental investigations at Building 48 were initiated in 2003 as part of the sale of the
Merrimack Valley Works property. Groundwater in the vicinity of Building 48 was found to
contain various solvents at concentrations exceeding the MCP Reportable Concentrations and,
therefore, a Release Notification Form was submitted to MassDEP on 10 September 2003, The
disposal site was classified as Tier l7, and the investigation and remediation of the Building 48
area bas been conducted under the MCP. In response to the Release Notification Form,
MassDEP assigned RTN 3-23204 to the release. A Phase I initial Site investigation was
submitted to MassDEP aloAg with a Numerical Ranking System Scoresheet and Tier
Classification in February 2004, Based on the results of the Numerical Ranking System scoring
of the Disposal Site,the Building 48 Area Disposal Site was classified as a Tier H Disposal Site.
A Phase 11 Comprehensive Site Assessment was completed and submitted to MassDEP in,Tune
2004. The Phase H included the installation and sampling of several groundwater moaitorinng
wells and indoor air sampling. Chlorinated VOCs including TCB, PC1E, and I I-•TCA,and their
breakdown products were found in soil, groundwater, and indoor air. The source of the VOCs is
believed to have been spills related to filling and draining of the former waste flammable tank
located south of Building 48.
Soils located in the area of the former waste flammable tank and the Former Barrel Pad contain
low concentrations of VOCs. A plume of contaminated groundwater extends north from the
location of the former waste flammable tank towards the Merrimack River, and passes beneath
Buildings 48 and 49. A strong upward vertical groundwater gradient is confining the
contamination to the shallow overburden. Concentrations of VOCs are highest near the fonxner
tank source area to the south of Buildings 48 and 49. Only lover concentrations of VOCs are
found in the most downgradient monitoring wells located about 300 ft from. the Merrimack
River, confirming that the plume does .not impact water quality in the river. Indoor air within
Buildings 48 and 49 has been impacted at very low concentrations by VOCs that are present in
groundwater.
A comprehensive Method 3 Risk Characterization was prepared as part of the Phase fI and
concluded that a condition of No Significant Risk exists for current and foreseeable fruturo uses
of the site. The risk characterization assumed that the site would not be used for residential
purposes and that small children would be present infrequently at the site, in accordance with the
requirements of the AUL. It also assumed that site workers would not be routinely exposed to
soil at the Disposal Site,
A Phase M Remedial Action Plan was prepared to assess the feasibility of achieving or :
approaching background, because hazardous materials were identified in soil, groundwater, and
indoor air at the site even though a condition of No Significant Risk was shown to exist. The
Phase III was submitted to MassDEP in February 2005 and concluded that remedial actions were
warranted to reduce VOC concentrations in groundwater beneath the existing buildings and in
the source area adjacent to the former tank location in an offort to minimize the potential for
VOCs to enter the buildings and impact indoor air quality. In situ chemical oxidation using
Bk 11271 Pg160 #20417
310 CMa 40.1099
Form 1075
Exhibit G--AUL OpI nio n
1600 Osgood Street/Former Merrimack Valley Works
North Andover,Massachusetts
sodium permanganate was the selected remedial alternative for the Disposal Site.
ti A Phase IV Remedy knplementation Plan was submitted to MassDEP in February 2005 and the
selected remedy was implemented shortly thereafter. Three separate injections of sodium
permanganate have been performed and the concentrations of VOCs in groundwater have been
significantly reduced.Further injections may be needed to complete the rernediation.
it is anticipated that a Class A-3 Response Action Outcome statement will be filed for this
Disposal Site once the groundwater remediatioxn efforts are completed.
RTN 3-25333 BWWW 34
Building 34 is a two-story structure located between the former PWB Shop and Building 48, It
consists of a main building, a covered loading dock along the northern side, and a pole barn
attached to the west side. The pole barn area bad historically been used for the storage of
hazardous waste materials from the manufacturing processes in other portions of the Merrimack
Valley Works. The building foundation is a concrete slab with a thickness of approximately
8 inches. Building 34 was initially constructed in the 1960s and the pole barn was added in the
raid 1980's.
Environmental testing performed in rune 2005 identified VOCs including PCE atnd petroleum
hydrocarbons in soil Beneath the concrete floor of the pole barn at concentrations exceeding the
MCP Reportable Concentrations. A. Release Notification Form was filed with MassDEP on
18 October 2005 and RTN 3-35333 was issued for the release. Subsequent investigations
included additional soil sampling to determine the extent of the contamination as well as
groundwater, soil gas, and indoor air sampling. The results of the investigations were used to
prepare a Method 3 Risk Characterization. The risk characterization determined that a condition
of No Significant Risk exists for all current and foresdeable future uses of the site that are
consistent with the AUL.
it is anticipated that 'a Class B-1 Response Action Outcome Statcment will be filed with
MassDEP in the near future.
Risk Assessment Summary
j A. Method 3 Risk Characterization was completed for each of the Disposal Sites at the
Merrimack 'Palley Works. All of the risk characterizations, assumed that exposure to
Contaminated Soil, groundwater and indoor air would be limited to long-term adult site workers
(employees of businesses located on the property), construction workers performing temporary
Utility, landscaping or construction work, and adolescent visitor. It was assumed that children
would be present infrequently and that there would be no residential or agricultural use of the
property.
The results of the various risk characterizations indicate that a condition of No Significant Risk
exists at all of the Disposal Sites for current conditions, and that the condition of No Significant
j Risk will be,maintained for future conditions provided that an AUL is placed do a Portion of the
Bk 1.1271 Pg161 #20417
Form 1076 310CMR40A099
Exhibit C—AUL Opinion
1600 Osgood Street/Former Merrimack Valley Works
North Andover, Massachusetts
Property.It was determined that a single AUL would be implemented to cover all Disposal Sites
at the Merrimack Valley Works for the following reasons:
• The five Disposal Sites are all on the same parcel of land (Lot 17) and are located in close
proximity to each other,
• All Five of the Disposal Sites are,related to the same manufacturing facility,
* The areas between the Disposal Sites are also part of the manufacturing facility and were
therefore potentially subject to the same uses and chemicals that resulted in the releases
described above.
For current and future conditions, a level of No Significant Risk was achieved because;
1. The portion of the prop arty where the AUL,will be implemented is currently used and
will continue to be used solely for commercial and industrial purposes,
2. Cumulative.receptor risks for construction worker,utility worker, and adolescexrt visitor
are below the cumulative receptor risk limits established by the Massachusetts
]department of Environmental Protection;
3. Concentrations in soil are below Upper Concentration Limits;
4. No risks to public safety or welfare are present; and
S. A Stago I Environmental Screening indicates a condition of No Significant Risk is
present for enviromnentai receptors.
In addition, for future conditions a level of No Significant Risk will be maintained provided that;
1. Access to contaminated sails is prevented by buildings/pavement or 3 feet of clean soil;
2. There is compliance with the soil excavation and management provisions, and obligations
of the AUL;
3. Residential, schools for kindergarten through 12'h grade,day care and recreational uses
where children under 19 years of age could be present are not permitted(this means
children will only be permitted in the portion of the site covered by tho AUL as visitors,
or customers of commercial enterprises(inclusive of retail or manufacturing activities)
and that they cannot regularly occupy the area covered by the AUL);
4. Use of the portion of the property covered by the AUL for growing of fruits and
vegetables for human consumption is not permitted;and
S. An AUL is placed on the Disposal Site that maintains these conditions.
Bk 11271 Pgd.62 #20417
310 CMR 40.1099
Form 1076
Exhibit C--AUL Opinion
1800 Osgood StreeVFormer Merrimack ValEey Works
North Andover,Massachusetts
Evaluation of the exposure scenarios conducted as part of the risk characterization assumed that;
• The on-site worker would be exposed 5 days per week, 260 days per year for a
period of25 years,
• The construction worker would be, exposed 5 days per week over a period of 6
months,
+ A utility worker for 1 day per year over a period of 20 years or 20 days in a single
year, and
• A landscaper for 2 days per week, 7 months per year over a period of 20 years.
• An older child(7 to 18 years)would trespass 62 days per year.
+► Children less than 19 years of age would visit the facility for commercial uses but
would have no contact with contaminated soil.
Because unacceptable future risks could occur if current conditions were to change, the
imposition of an AUL is appropriate in order to maintain a condition of No Signihcaur�t Risk for
reasonably foreseeable future uses. Currently, the reasonably foreseeable anticipated future use
of the Portion of the Property is for commercial/industrial use.
MCP Closure Documentation
After the completion of field investigations, site conditions were evaluated to determine if a
Permanent Solution could be reached. Based on the results of the site assessments, Method 3
Risk Characterizations were conducted that demonstrated a condition of No Significant Risk
exists at the various Disposal Sites, provided an AUL is filed for the Disposal Site to control
future uses.
Response Action Outcome Statements will be filed for the individual Disposal Sites as discussed
above following attainment of the cleanup objectives for those sites.
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Bk 11271 PgI63 #2 0417
Form 1075 310 GMR 40.1009
Exhibit C—AUL Opinion
1600 Osgood Street/Former Merrimack Valley Works
North Andover,Massachusetts
Obligations
Obligations are placed on the Owner of the Portion of the Property if activities related to
construction and utility work are conducted that disturb contaminated soils. The Disposal Site
has localized olevated levels of VOCs and metals. These areas, if disturbed, are required to be
managed in accordance with soil management and health and safety practices as specified by 310
CMR 40.0000 and the Obligations specified in this Notice of AUL.
If fiihire construction activities are anticipated related to soil excavation whereby contaminated
soils will be excavated, disturbed or relocated the provisions of Paragraph 3. (i) and (ii) of this
AUL will be followed. It is not the intent of this AUL to require that LSP oversight and
monitoring in the AUL,Area be required if such superficial activities such as pavement removal
or replacement are initiated. The,degree of oversight and monitoring will be specified in the Soil
Management Plan and Health and Safety Plan. The AUL Area extends to portions of tho disposal
sites where there are no documented soil impacts above the groundwater table.
i
r ,
Bk 11271 Pg164 #20417
Form 1075 310 CMR40,1099
Exhibit D--EWSC Form 113 and 113A
1600 Osgood Street/Former Merrimack Valley Works
North Andover,Massachusetts
Exhibit D
Massachusetts Department of Environmental Protection
Activity and Use Limitation Opinion Foam BWSO 113A,
(See Following Pages)
Pik- 11271 Pg16S #20417
Massachusetts Department of Environmental Protection BWSO'I13A
Bureau of Waste Site Cleanup
ACTIVITY&USE LIMITATION(AUL)OPINION FORM Release Tracking Number
Pursuant to 310 CMR 40.1056& 40.1070.40.1084(Subpart J) 7A
A, VISPOSALSITE LOCATION:
1. Disposal site Name'. FIVIR L.UcENTTECHNOLOOIES MVW
2, Street Address: 1Ei000SGDAA ST
3. Cityffown: INORTHANDOVER 4. ZIP Code: 01845-0000
B. THIS FORM IS BEING USED TO: {chock one)
Q I. Provide the LSP Opinion for a N6tice of Activity and Use Limitation,pursuant to 310 CMR 40.1074.
2. Provide the LSP Opinion for an Evaluation of Changes In Land Uses/Activities and/or Site Conditions after Reeponvo
❑ Action Qutcome Statement,pursuant to 310 CMR 40.1080..Includs 13WSC113A as an attachment to BWSC113. Section A
and C do not need to be completed.
3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to$10 GMR 40.1081(4),
4_ Provide the LSP Opinion for a partial Termination of Notice ofActivily and Use Limitation,pursuant to 310 CMR
40.1083(3).
❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR
40.1083(i)(d).
❑ S. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071.
❑ 7. Provide the LSP Opinion for an Amendment of a Grant.of Environmental Restriction,pursuant to 310 CMR 40.1081(3).
❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2).
❑ 0. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(o).
❑ 10. Provide the LSP Opinion for a Confirmatory Acgvtty and Use!.imitation,pursuant to 310 CMR 40.1085(4),
(Unless otherwise notod above,all sections of this form(OWSG113A)must be completely filled out,printed,
stamped, signed with block ink and attached as an exhibit to tho AUL Document to be recorded andror
registered with the Registry of Deeds and/or land Registration Office.)
i
C.AUL INFORMATIMN: i
1. Is the address of the property twb}ect to AUL different from the disposal site address listed above?
0 a: No ❑ b. Yes If yes,then fill out address section below,
2. StreatAddress:
3..Clty/Town: 4. [P Code:
Revised:05/27/2003 Page 1 of 2
i
Bk 11271 Pg166 #20417
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup
BVIISG�I'13A
ACTIVITY& USE LIMITATION(AUL)OPINION FORM Release Tracking dumber
Pursuant to 310 CMR 40.1056& 40.1070.40.1084(Subpart J) a 174
D, LSP SIGNATURE AND STAMP:
I attest under the pales and penalties of perjury that I have personally examined and am familiar with this transmittal form,
including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application
of(I)the standard of care In$09 0MR 4,02(1),(11)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and
(111)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief,
> If Soction B Indicates that a Notice ofActivity and Use Limitation is being registered andlor recorded,the Activity and Use
Limitation that is the subject of this submittal(1)is being provided In accordance with the applicable provisions of M.G.L.0.21 E
and 310 CMR 40,0000 and(li)complies with 310 CMR 40,1074;
> if Soctlon li indicates that an Evolvatlon of Changes In Lanai UseslActivUlas and/or Site Conditlons a#era Response Action
Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L,o.
21 E and 310 CMR 40.0000 and(h)complies with 310 CMR 40.1080;
> if Section B indicates that anAmandadNotice ofActivilyand Use Limitation orArnendmentto a grant ofRnvim"Mantal
Restriction Is being registered andlorrecorded,the Activity and Use Limitation that is the subject of this submittal(1)Is being
provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(11)complies with 40.1081;
> if Section 13 Indloales that Torminstlon ore Partial Tanninalfon of Notice of Activity and Use Limitation,or ReMasa or
Partial Release ofa Grant of,EnvfrantnenlalRestrlction Is being registered andlor recorded,the Activity and Use Limitation that
is the subject of this submittal(I)is being provided in accordance with the applicable provisions of M,G,L,c.21 E and 310 CMR
40,0000 and 00 complies with 310 CMR 40.1083;
> if Section 8 Indicates that a Grant orEnvlronmental Restrlotlon Is being registered andlorrecarded,the Activity and Use
Limitation that Is the subject of this submittal(1)is baing provided In accordance with the applicable provisions of M.G.L.c.21 E
and 310 CMR 40.0000 and(ii)compiles with 310 CMR 40,1071:
> If Section B indicates that o ConflrmatotyActivity and Use Limitation is being registered and/or recorded,the Activity pnd Use
Limitation that Is the subject of this submittal(!)Is being provided in accordance with the applicable provisions of M.G.L.o.21 E
and 310 CMR 40.0000 and(il)compiles with 310 CMR 40.1085(4):
I am aware that slgnificant penalties may result,including,but not limited to,possible fines and Imprisonment,if I submit
information which I know to be false,inaccurate or materially Incomplete.
1. LSP#: 58t36
2. Ffrst Name: IJAMESJ 3. Last Name: JSOUKUP
4. Telephone: (6fl3j 65#-54ti0 5. Ext.: r, FA)c
I
7, Signature: 8. Date: 1C3
m ddiy yy
9. LSP Stamp:
1AOF
I+4AAEt3
J.
SOUKUP
Na, 3t18Ft �+
Revised:08/2712003 page 2 of 2
Bk 11271 Pg167 #20417
1600 Osgood Street, LLC
MANAGER'S CERTIFICATE OF INCUMBENCY
VALIDITY AND NO ADVERSE CHANGE
11 Orit Goldstein, duly elected manager of 1600 Osgood
Street, LLC, a Massachusetts limited liability company, hereby
certify that the Consent Action and Votes attached hereto were
duly consented to by all of the Managers on July 29, 2008.
1 further certify that said Consent Actions and Votes are
in accordance with law and the operating Agreement and
Certificate of Formation of the Company, and that said Consent
Actions and Votes are presently in full force and effect and
have not been adversely affected by any other Consent Action or
Vote at the Company.
I further certify that the following named persons are the
present and current Managers of this Company.
Manager:
Orit Goldstein
I further certify that the following named persons have
been duly authoriz'ed by the Manager and Members to execute any
and all other required documents in behalf of this corporation,
and the signatures set forth opposite their respective names are
their respective and true signatures.
Orit Goldstein
Manager
Bk 11271 Pg168 #20417
ExecUted this 29th day 'of July, 2008.
1600 Osgood Street, LLC
By: Oxit Goldstein
Manager