HomeMy WebLinkAboutNotice of Activity and Use Limitation - Correspondence - 1101 TURNPIKE STREET 12/8/2025 �F
ENVIRONMENTAL
� ECOLOGICAL
--- SURVEY
Engineers & Scientists CIVIL
December 8, 2025
Coneco Project No. 5598.M.104 Town of Nofth Andover
Michelle B.Davis,Chair
North Andover Board of Health DEC.1 2025
120 Main Street
North Andover,Massachusetts 01845
Health Department
RE: Notice of Activity and Use Limitation
Vehicle Maintenance Garage
Massachusetts Electric Company Service Center
' - Y H 01 Turnpike Street-
North Andover,Massachusetts
Release Tracking Number 3-31085
Dear Ms.Davis:
Pursuant to 310 CMR 40.1403(7)of the Massachusetts Contingency Plan(MCP),the
following serves as written notification of the implementation of a Notice of Activity and Use
Limitation(AUL)pertaining to concentrations of oil and/or hazardous material identified at
the above-referenced property. The AUL was recorded with the Northern Essex Registry of
Deeds on November&,2025. A copy of the recorded AUL is attached for your reference.
This notice is being provided on behalf Metrowest Realty LLC, the owner of the 1101
Turnpike Street property. If you have any questions,please contact the undersigned.
Respectfully Submitted,
Coneco Engineers& Scientists,Incorporated
6
Bri .Klingler,PG,LSP
Principal Geologist
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U:\\5598.M-AUL-Municipal Notice.docx
Enclosures: Notice of Activity and Use Limitation
cc: Metrowest Realty LLC
North Andover Town Manager
North Andover Zoning Official
North Andover Building Code Enforcement Official
4 First Street,Bridgewater,MA 02324 (508)697-3191 (866)548-3355
Coneco.com
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Note: Pursuant to 310 CMR 40.1074(5),upon transfer of any interest in or a right to use the property
or a portion thereof that is subject to this Notice of Activity and Use Limitation.,the Notice of Activity
and Use ►imitation shall be incorpora of eerier�n�Ivorbyitferen intamdl reds;easements,
mortgages,leases,licenses,occupancy agreements or any other instrument of transfer.Within 30 days
of so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered,a
copy of such deed shall be submitted to the Department of Environmental Protection.
NOTICE QUC AND-USE L�T�►T�DN
M.G.L.c.21E,§6 and 310 CMR 40,0000
Disposal Site Name; vehicle Maintenance Garage; Massachusetts Electric Company Service
Center, 1101 Turnpike Street,North Andover,Massachusetts 01845
DEP Release Tracking No.(s):3-31085
LLF This Notice of Activity and Use Limitation CNotice")is made as of this�271U day of
20?5 by METRUwEST REALTY LLC, a Delaware limited liability
corporation laving a principal place of business at 170 Data Drive, Waltham, Massachusetts
02451,together with its successors and assigns(collectively"Owner").
wITNESSETII:
WHEREAS,METROWEST REALTY LLC is the owner i fee simple of that certain
parcel of land located in North Andover, Essex County,.Massachusetts with the buildings and
improvements thereon,pursuant to a deed recorded with the Northern Essex Registry of Deeds in
s Boob 5 326,-Page-269;
WHEREAS,said parcel of land,which is more particularly bounded and described in
Exhibit A,attached hereto and made a part hereof e7roperty")is subject to this Notice of Activity
and Use Limitation. The Property is shown on a plan recorded in the Northern Essex Registry of
Deeds in Plan Book PL,Plan No.3586;
WHEREAS, a portion of the Property ("Portion of the Property'' is subject to this
Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded
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Bak 18432 Pg241 #19598 a s
Form 1075: continued
i
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 Northern Essex Registry of Deeds in Plan Book "
Plan No. •
WHEREAS,the Portion of the Property comprises all of a disposal site as the result
of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship
of the Portion of the Property subject to this Notice of Activity and Use Limitation to the
boundaries of said disposal site existing within the limits of the Property and to the extent such
boundaries have been established. Exhibit B is attached hereto and made a part hereof?
_ WHEREAS,-one or more p§w 'o �Ccn-w�-fur Y •sp . . 7:so
ram'r
c■ �1 1�E � apter 21 E ) 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 material 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.
A description of the basis for such restrictions, and the oil and/or hazardous material release
event(s) or site history that resulted in the contaminated media subject to the Notice of Activity
and Use Limitation is attached hereto as Exhibit C and made a part hereof;and
WHEREAS,attached hereto as Exhibit D pursuant to 310 CMR 40.1074(2)(c) is documentation
consistent with conveyancing standards and practices verifying that the individual signing this .
Notice of Activity and Use Limitation has the authority to sign such document;
NOW,THEREFORE,notice is hereby given that the activity and use limitations set �
forth in this Notice of Activity and Use Limitation are as follows:
1• .Act" sties and Uses Consists .w tainin N t Risk fond tons.
The following Activities and Uses are consistent with maintaining a Permanent
Solution and a condition of No Significant Risk and,as such,may occur on the Portion
of the Px cperty pursuant to 310 CMR 40■0000:
(i) Commercial and industrial activities and uses, except operation of a E
commercial child care center;
�V V.
. yr tir '» =.w •}.,i r y.xrt r tir+ � � ,�t •i4"` 4 '.w"'aA
Emergency utility repair work;
(iii) Excavation associated with non-emergency underground utility or
construction work, provided that this work is conducted in accordance with the
MCP! a Soil and Groundwater Management Plan C"SGW) and a Health and
Safety Plan C"HASP") developed and implemented prior to the initiation of such
activities in accordance with obligations(i),(ii),and(iii)of this Notice; .
(iv)Such other activities or uses which,in the opinion of a Licensed Site
Bk 18432 Pg292 #19598
Form 1075: continued
1 Professional,shall present no greater risk of harm to health,safety,public welfare
or the environment than the activities and uses set forth in this Paragraph;and
(v)Such other activities and uses not identified in Paragraph 2 as being Activities
and Uses Inconsistent with maintaining No Significant Risk Conditions.
2. Activities and Uses Inconsistent with a' tainin No Significant
Conditions. The following Activities and Uses are inconsistent with maintaining a
Permanent Solution and•a condition of No Significant Risk pursuant to 310 CMR
40.0000,and,as such,may not occur on the Portion of the Property:
4 a ""'}i•r c` a. i.L'.Y. F+`�s vr� .r y—� 7 �'S �7r.'^s..+Y. r t a - � .
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(i)Use for residontial,Child care(commercial or residential),Institutional(with a T
residential or child care component),educational(for children under IS oars of
age),or other similar use where a child is likely to be present;
(H) Relocation of contaminated soils and/or groundwater located within the
Portion of the Property subject to the Activity and Use Limitation, unless such
activity is first evaluated by a Licensed Site Professional who renders aii opinion
which attests that such relocation is consistent with rnalntaining a condition of No
Significant Risk;
(iii) Activities and uses,except emergency utility repair work, including without
unplied limitation, construction activities that involve direct contact with or `
disturbance, excavation, relocation, or removal of soils currently located directly
beneath the building foundation to a depth of eight(8) feet below surface grade
within the Portion of the Property, unless such activities are conducted in
accordance with the Obligations and Conditions set forth in Paragraph 3(1), (H),
and(iii);
Div} Use for agriculture, horticulture, and/or other such uses at which fruits,
vegetables,or flowers may be grown for human or livestock consumption;and
a
(y)Any action or inaction which,in the opinion of an LSP,is reasonably likely to
create a significant risk-of hanr to-health,—safety, public welfare or L e
environment.
3.
Ohli"agnLMd Conditions. The following obligations and/or conditions are
necessary and shall be undertaken and/or maintained at the Portion of the Property to
maintain a Permanent Solution and a condition of No Significant Risk:
_
(i) A Soff and Groundwater Management Plan(SOMP) must be prepared by an
LSP and implemented prior to the commencement of any activity and/or use that
is likely to involve direct contact with or disturbance,excavation or removal of
soils presently located directly beneath the building foundation to a depth of
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Bk 18432 PcI2 93 #19598
Form 1075: continued
eight(8) feet below surface grade within the Portion of the Property, and said :
activity and/or use must be conducted in accordance with the SGMP. The SGMP
must describe appropriate excavation, handling, storage,transport, and disposal
procedures and include a description of the engineering controls and air
monitoring procedures necessary to ensure that workers and receptors in the
vicinity are not affected by fugitive dust or particulates or exposed to contaminated
soil and/or groundwater via inhalation, ingestion and/or dermal contact. On-site
workers working in or in the immediate vicinity of the Portion of the Property must
be informed of the requirements of the SGMF,and the plan must be available on-
site throughout the course of said activity and/or use;
.. .......
e -a. -fit" .h TM fir, - r +v-
Y (ii)A Health and Safety Flan ASP must be prepared by a certified Industrial
Hygienist or other Qualified individual sufficiently trained in worker health and
safety requirements pursuant to 310 CMR 40.0018 and 29 CFR 1910.120, as
appropriate, and-implemented prior to the commencement of any activity and/or
use that is likely to involve excavation or removal of soils and/or groundwater
presently located directly beneath the building foundation to a depth of eight(8)
feet below surface grade within the Portion of the Property,and said activity and/or
use must be conducted in accordance with the HASP. The HASP must specify the
type of personal protection (i.e.,clothing,respirators),engineering controls, and
environmental monitoring necessary to prevent worker and receptor exposures to
contaminated soil and/or groundwater through dermal contact, ingestion, and/or
inhalation. On-site workers working in or in the immediate vicinity of the Portion
of the Property must be informed of the requirements of the HASP,and the plan
must be available on-site throughout the course of said activity and/or use;and
(iii) Excavation or handling of contanunated soil and/or groundwater located
within the Portion of the Property subject to the Activity and Use Limitation must '
be managed in a manner consistent with the requirements of 310 CMR 40.0030
(Management Procedures for Remediation waste), 310 CMR 40.0440 (Release
Abatement Measures),310 CMR 40.0460(Utility-Reteasc Abatement Measures),
and/or 310 CMR 40,.1067(5) (post-Permanent Solution remedial actions), if i
applicable, using appropriate Health and Safety procedures as specified in 310
.�� _�/vj /jA�,� ■i ��y lam[y] he'''Pt�rtton-of�r-_ � ~= ;�
the Property subject to this Notice must be managed in a manner consistent with
�
the MCI'provision"Management Procedures for Remediation Waste,"310 CMR
40.0030 and in accordance with federal,state,and local regulations.
I
4. EroRosed Chan es in Activities and 1Jses. Any proposed changes in activities and
uses at the Portion of the Property which may result In higher lcvcls of exposure to oil
and/or hazardous material than currently exist shall be evaluated by a Licensed Site =
Professional who shall render an opinion,in accordance with 310 CMR 40.1080,as ,
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Bk 18432 Pg 2 94 #19598
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Form 1075: continued
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to whether the proposed changes are inconsistent with maintaining a Permanent
Solution and a condition of No Significant Risk. 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.
5. Violation of a PermaneflLot TeMMMUSolutio. The activities, uses and/or i
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 a Licensed Site Professional in accordance with 310 CMR
44:MO,end withoutrdditionatresponse action"--necessa ,- -maintain-a condition _ rt
of No Significant Risk.
s
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 a Licensed Site Professional in accordance with 310 CMR 40.1080,the
owner or operator of the Portion of the Property subject to this Notice at the time that
the activities, uses and/or exposures changes shalt comply with the requirements stet '
forth in 310 CMR 40.0020.
5. Inco ratio Into,-Deeds,,Moaaaes.Leases and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all future deeds,
easements,mortgages,leases,licenses,occupancy agreements or any other insUunent
of transfer,whereby an interest in and/or a right to use the Property or a portion thereof
is conveyed in accordance with 310 CMR 40.1074(5).
Owner hereby authorizes and consents to the filing and recordation and/or registration
of this Notice, said Notice to become effective when executed under seal by the
undersigned Licensed Site Professio and recorded and/or registered
� r�a.l, g tered with the y
appropriate R `yof Deeds and/or Land Registration Office.
WITNESS the execution hereof under seal this c_ y rh day. of
_
L* 2 V r a � '. •a � ~'r- a� • r" "" + r ^a r :
METROwEST REALTY LLC
By:
Peter Harley
Authorized Signatory
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Form 1075: continued
COMMONWEALTH OF MASSACHUSEM
Middlesex„§s 2q�
On this day of f 200 before me,the undersigned notary public,
personally appeared Peter Harley, proved to me through satisfactory evidence of
identification,which were • to be the person whose name
is signed on the preceding or attached document, and aeknowledged to me that he
signed it voluntarily for its stated,purpose as a person authorized to sign real estate
L.• '' ' documents on behalf of Metrowest Realty LLC.
SARY
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•• + Tbe undersigned Licensed Site Professional hereby certifies that in his Opinion this
N6tice of Activity and Use Limitation is sistent with a Pernument Solution and maintaining a
condition of No Significant Risk. OF
R.
Date:
er P �
E lingl C,LSP
COMMONWEALTH OF MASSACHUSETTS
Middles s hb w,# q25"
On this 4k day of A/ P 20 before me the undersignedno public,
personally appeared Arian .Kl ngler,proved to me through satisfactory evidence of
identification,which were_dr_syee� _L,& e to be the person whose name
t 3 on-lhe-preeccUg-or-anwhe4kdocument,�n wledged4o-m -that
signed it voluntarily for its stated purpose.
` Y&fficial signature and seal of not
ary)
.. ► Upon recording,return to: Merideth A.Milder
LLC 'rotary Public U� or
Metrowest Realty � Cr�u+ss�
c/o National Grid my commission Expires
Nrnrern 170 Data Drive
bet i 4 2 25
Waltham,Massachusetts 02451
Attn: Patricia Yung Wong,Esq.
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LEGAL DESCRIPTION OF PORTION OF PROPERTY
A.U.L. 1101 TURNPIKE STET,NORTH ANDOVER,MAS SACHUSETTS
Commencing at a drillhole in a stonewall on the westerly side of the subject premises,thence
along the stonewall S 231 1 T56"E a distance of 88.01 feet to a point,thence;N
66139'59"E a distance of 454.76 feet to the southwesterly coiner of the A I.,which is the
Paint of beginnjing of the A.U.L.,thence;
N 09*5939"w a distance of 33.00 feet to a point,thence;
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N 80009121"E a distance of 45.00 feet to a point,thence;
S 091505911 E a distance of 33.00 feet to a point,thence; .
S 8 0*09'21"w a distance of 45.00 feet to the point of being of the A.U.L.
7be A.UL.contains 1,485 square feet,or 0.034 Acres,more or less.
The A.U.L.desibed above i cr s more particularly shown and described on a plan entitled
"A.U.L.PLAN' 1101 Turnpilie Street,North Andover,Massachusetts.Tax Map 107C Lot 16.
Dated:October 15,2025.Scale: 1"80'.Prepared for.-Massachusetts Electric Company dlbla/
National Grid.Prepared by:TFMoran,Inc.Engineers&Surveyors,Bedford,N.H. Said plan to
be recorded at the Essex North District Registry of Deeds.
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18432 Pg302 #19598
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ACTIMY AND USE LBUTATION OPI UON
In accordance with the requirements of 310 CMR 40.1074,Conoco Engineers&Scientists,
Incorporated(Concco)has prepared the following Activity and Use Limitation(AUL)Opinion
regarding the implementation of an AUL for .g g p portion of the vehicle Maintenance Garage, �
located at the Massachusetts Electric Company(MECO)Service Center,having an address of
1101 Turnpike Street in North Andover,Massachusetts,hereinafter the"Property." The AUL
area is the approximately 1,260-square-foot area situated in the immediate vicinity of the
hydraulic lift system located in the southern portion of the vehicle maintenance garage,
�s her6in4f t)efthd-"P-orti+ FfWe_13T0 Tlit-f AM-0PW1 e ap -don the results
of response actions conducted by Coneco between June 2012 and December 2024.
Release Hu'Cory and S mmary 4,f'Completed Respome Actions
In the spring of 2012,MECD personnel noted that a hydraulic vehicle lift system located in the
southern portion of the vehicle maintenance garage at the Property ywas malfunctioning. Upon '�
inspection of the hydraulic lift system and the associated 200-gallon aboveground storage tank
• (AST)located in the southeastern portion of the garage,MECD noted a drop in the hydraulic
fluid level of the AST;however,they were unable to determine the cause of the drop. MECO
contracted a service firm to inspect and evaluate the fift system and perform repairs,if necessary.
Upon further inspection,it was determined that the system had a pressure lass due to a leak
somewhere in the system;however,the specific location of the leak could not be determined. No
avidencc of a rolease to the environment could be determined at that time,as the leak may have
occurred into the lift pit or piston wall. Therefore,MECQ contracted Coneco to evaluate
subsurface conditions and determine whether a release of hydraulic oil to the environment had
occurred from the hydraulic lift system.
In August 2012,two groundwater monitoring wells were installed near the hydraulic lift system.
Dn September 5;2012,during initial gauging activities,light non-aqueous phase liquid(LNAPL)
having a me&sured thickness of 23 inches was detected within the groundwater monitoring well
identified as Ew103/Mw103,located adjacent to the hydraulic lift within the vehicle
maintenance garage. In addition,LNAPL having a measured thickness of three inches was
detected in the newly-installed groundwater monitoring well identified as CMw-01. Therefore,
a 72-hour reportable condition,as defined in 310 CMR 44.03 13(1),was identified at the
Property. On behalf of MECO,Coneco verbally notified Mr.victor Fonkem of the MassDEP- `
Northeast Region Office(MassDEP-NERO)of the reportable condition at approximately 3:25
P.M.on September S.2012. At that time,Mar.Fonkem provided verbal approval to conduct
Immediate Response Action(IRA)activities consisting of assessment only. The release was �
subsequently assigned Release Tracking Dumber(R' 3-31085.
Additional response actions have included periodic passive recovery of LNAPL via hand bailing
and the use of oil-absorbent socks,as well as an additional subsurface investigation consisting of
the installation of four soil borings and the installation of four additional monitoring wells.
Quarterly groundwater sampling was conducted at the Portion of the Property from November
2012 to January 2022.
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Bk 18432 Pg303 #19598
On behalf of MECC,Coneco has previously submitted numerous MCP-related reports to
MassDEP in relation to RTN 3-31085. Rey documents include the following:
A Release Notification Form,IRA Plan,and Modified IRA Plan submitted on November �
5,2012;
+ IRA Status Reports with Remedial Monitoring Deports(RNIRs)submitted in accordance
with 310 CMR 40.0425;
�► Phase I-Initial Site Investigation and Tier II Classification Report submitted on
September 5,2013;
* Phase II Comprehensive Site Assessment(CSA)Report submitted on September 6,201 6;
• IRA'Completion Deport,Final RMR,Phase III-Remedial Actioh Plan(RAP),and Phase
IV-Remedy Implementation Plan submitted S - rt -
�` ��ierClassifickalFon F,�tens10 s su Pied on Jul y 23,2018,July 23,2020,and July ,23 r
2022;
Temporary • P r a
p rary Solution Statement submitted on September 12,2018,and �
Phase IV Status Reports,Post-Temporary Solution Status Reports,and Interim RMRs,
submitted uM accordance with 310 CMR 40.0977 and 310 CMR 40.0898.
As detailed in the abovementioned regulatory reports,the contaminants of concern(CoCs)at the
Disposal Site have been identified as extractable petroleum hydrocarbons(EPIC)carbon fraction
ranges in soil and groundwater,including hydraulic oil LNAPL observed in certain on-site
monitoring wells(i.e.,HW 1011MW 101,BW 143/M' 103,BW I04/MW104,CMw-01,and
CMW-02),and air-phase petroleum hydrocarbons(APH)detected in sub-stab soil gas.
To assess the current and future risk of harm to human health,public welfare,safety,and the
environment posed by the presence of residual LNAPL,EPH in soil and groundwater,and APH
in soil gas at the Portion of the Property,Coneco performed a Method 3 Risk Characterization in ,
accordance with the MCP(310 CMR 40.0990). Based on the results of the Method 3 Risk
Characterization,a condition of`'No Significant Risl"exists for current activities and uses of the
Portion of the Property.
Reason �[ ' 'ct�vrty
forand Use�rn�ta�on
• As previously indicated#the results of the.Medved j Risk Characterization performed for this
i Disposal Site indicate that a condition of No Significant Risk exists for current activities and
uses of the Portion of the Property. However the con ntra�on_s�H in, !46slab soil ras�
►arc ST �FliV�hoi Moil si• s �, Y:� -`-+:. +' �'�r� s
e�perF �cxc ed MasiDEP s psi ential screening�raltzes. s d on
the sub-slab soil gas data,a complete vapor intrusion pathway associated with a residential
scenario or a scenario where children are presint for extended periods of time(e.g.,a child care
center)cannot be ruled out. Therefore,these activity and use scenarios were eliminated from the
Method 3 Risk Characterization. To maintain a condition ofNo Significant Risk for future
activities and uses,this AU1,which restricts certain future activities and uses as outlined in the
Notice of Activity and Use Limitation(Form 1075),must be implemented.
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DGCUMLNTATIGN OF SIGNATORY AUMQRITY
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Wiilia�n Fria Galvin 1 1--0 6 20 25' a 0145793,
Sca�tary of the E��rG K #'�sir b h R�o i �t r%�
Cnnnanwed&
September 30,2025
TO WHOM IT MAY CONCERN:
I hereby certify that a certificate of registration of a Foreign Limited Liability Company
was filed in this office by
i.! �'fT ~YY T � ! rt►t - �'T r TY T' "MW'�MMENMe", 47 rt T ti A4r rt C w aM
in accordance with the provisions of Massachusetts general Laws Chapter 156C
on January 28,1999.
I further certify that said Limited Liability Company has filed all annual reports due
and paid all fees with respect to such reports;that said Limited Liability Company has not filed a
certificate of cancellation or withdrawal;that there are no proceedings presently pending under
the Massachusetts General Laws Chapter 156C, §72 for revocation of said Liumited Liability
Company's authority to transact business in the Commonwealth;and that said Limited Liability
Company is in good standing with this office.
I also certiffy that the names of all managers listed in the most recent filing are:DONE
I further certify that the name of persons authorized to act with respect to real property
instruments listed in the most recent filings are:MEGAN TIPPER,MONICA'TANVFIK,
DAVID AHo3 PETER HARLEY
s- tesdmony�of�In
�.a.rraw. r.+�iwcs�.i"rF �+.a •,. ..�_ _ .: s.r -_yey��r.�.is:�• .ter .ms�:.�.i iiJa'tr
� �p�r r.w�"a"`� � .�wr rr+y4•rrt� "r T x*� rt r-..- � -
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I have hereunto Fixed the
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Great Seal of the Commonwealth
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on the date fast above writtm
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ON
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Secret2ry of the Commonwcalth
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