HomeMy WebLinkAbout044-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: ~~ r- r:<.V , 200S
To: Parties in Interest and Others concerned with the
becision of the BoARD OF APPEALS in the Application of t!J1e
following: U1
Application No.:
() '-I L{ -OS-
Owner/Applicant: ()\, I rY7n ~ ~ I ::J I WI/sef) . TrVST.ee?l
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Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the _Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); g139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
Assessors Map 68
Parcel 328
R-C-24
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
15 YOUNG'S WAY
Plan File 03-10, Lot 29
Deed Ref. 958/118
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, July 8, 2005, and continued for re-notice and further information after opening
the hearing to August 12,2005, in the Conference Room, Town Annex Building, 37
Washington Street, Nantucket, Massachusetts, on the Application ofthe MICHAEL J.
WILSON, TRUSTEE OF COOPED UP REAL TV TRUST, AND FOR MARK
NORRIS, of 18 Broad Street, Nantucket, MA 02554, and PO Box 3362, Nantucket, MA
02584, respectively, Board of Appeals File No. 044-05, the Board made the following
Decision:
1. Applicant (Norris) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-9B(2)(a), (b) and (c) to operate contractor/landscaping shops
in the first floor space of an existing one-story 3-bay commercial building on the locus,
which also contains a separate single-family dwelling. One bay would be used in
conjunction with the Applicant's landscaping business, and the other two bays would be
leased to a maximum of two separate tenants. In addition, Applicant is seeking relief by
SPECIAL PERMIT under Nantucket Zoning By-law Section 139-16C(2) to validate the
siting of the commercial building, which is sited as close as about 4.6 feet from the
southwesterly side yard lot line in a district that requires a minimum side yard setback of
five feet. This was only verified when a formal building location plan was completed by
the surveyor on July 18, 2005 after the first public hearing on the original request for
relief. In the alternative, Applicant is seeking relief by VARIANCE under Nantucket
Zoning By-law Section 139-16A to validate the siting. The Locus is conforming in all
other respects to the dimensional zoning requirements and all of the required parking
spaces and loading zone would be provided on site. The Premises is located a 15
YOUNG'S WAY, Assessor's Map 68, Parcel 328, Plan File 03-10, Lot 29. The property
is zoned Residential-Commercial-2.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation as the matter did not present any issues of planning concern. There was
no opposition expressed on file or at the hearing. There was a letter submitted by the
Applicant and signed by four close abutters as well as a letter from the direct abutter most
affected by the setback violation to the south, stating no objection to the request for relief.
There was a letter on file from the Director of the Wannacomet Water Company
approving the parking plan and drainage program for the lot.
3. The Applicant (Norris), through personal testimony and through his counsel,
represented that the property was situated in a mixed-use residential-commercial area that
was heavily commercially developed and that there were several commercial businesses
located proximate the Locus within the same subdivision and in the general
neighborhood. Applicant also stated that the Board had previously granted similar relief
to three other abutters in the same subdivision, with one specifically granted the ability to
have three separate commercial tenants in the commercial structure. Applicant stated that
.........." _..__,..,-4-...... ................. :-....___..................1 ........-r:.....'" h...,...... ....."_,,._..-......... ...+--........4,,,_......,, ___ 1.-._:__ ,.. 4-'"'-___ 'L,.."r
commercial one-story structure and the other being a single-family dwelling. One bay
would be used in conjunction with Applicant's landscaping business, and the other bays
used for up to two separate tenants, which may include a carpenter's shop. Applicant
represented that there would be no exterior storage of goods or materials related to the
various businesses. All required parking spaces and the loading zone would be provided
on site and screening would be provided for the lot as shown on a "Site Plan to
Accompany ZBA Application", done by Blackwell and Associates, dated August 3,
2005, a reduced copy of which is attached hereto as Exhibit A.
The Locus is conforming in all respects to the dimensional requirements of the
Zoning By-law and the dwelling also conforms to all zoning requirements. However, the
as-built plot plan was not available at the time ofthe first hearing on this Application, and
once done the surveyor verified a side line setback violation. Applicant thought that the
commercial structure had been sited so as to be conforming to all setback requirements.
The plan indicated that the structure was actually sited as close as about 4.6 feet from the
southwesterly side yard lot line in a district that requires a minimum side yard setback of
five feet. Applicant represented that he had obtained the services of a licensed survey
company to "pin" the foundation for the structure during the winter when there was a
substantial amount of snow and ice on the ground. Applicant submitted a bill from the
company indicating that he had relied on the surveyor to "stake out building corners" and
"stake out footings", which work was done to site the structure in order to ensure setback
compliance. The structure is a "pole barn" and did not require a regular foundation but a
concrete pad for footings under the walls that was about four feet in width. Prior to the
placement of the walls and poles, Applicant stated that three feet of snow had to be dug
out to locate the center of the four-foot pads to drop the walls into and the structure
apparently shifted four to six inches to the south when the crane lowered them down.
Applicant stated that he had anticipated having a foot of leeway on each side of the
structure to eliminate any side yard setback intrusion. He also stated that he did not know
about the intrusion at the time of the first Application. Applicant is asking for relief by
special permit to validate the siting of the structure as he relied upon a licensed surveyor
for the proper siting of the structure. If the Board feels that relief under Section 139-
16C(2) is not appropriate then he is asking for relief by variance to validate the siting of
the structure.
4. Based upon the foregoing, the Board finds that the proposed use of the existing
structure for commercial purposes, with three bays for up to three tenants in the structure,
with no outdoor storage related to any of the commercial uses, would be in harmony with
the general purpose and intent of the Zoning By-law. The Board further fmds that a grant
of special permit relief with conditions would be consistent with relief previously granted
in many similar applications, including three previous Decisions granted to three other
owners in this same subdivision. The Board further notes the support from the abutters.
The Board also finds that the siting of the commercial building within the required five-
foot southerly side yard setback area was unintentional, and the intrusion is not greater
than five feet or closer than four feet from the lot line. The Board also fmds that the
burden of eliminating the intrusion substantially outweighs any benefit to an abutter of
eliminating the intrusion, especially in light of the letter of support from the affected
abutter to the south, and the extreme fmancial hardship that the Applicant would suffer
should he be forced to move the building. The entire building would have to come down
given the pole barn construction. The Board also fmds that the Applicant reasonably
relied on the work of a licensed surveyor to site the building and through a series of
subsequent errors the building shifted to the south.
5. Accordingly, by a vote of four in favor (Waine, Loftin, Murphy, Koseatac) and
one opposed (Sevrens), the Board GRANTS the requested reliefby SPECIAL PERMIT
under Nantucket Zoning By-law Section 139-9B(2)(a), (b) and (c), to use the Locus as
proposed, and validate the siting of the structure under Section 139-16C(2) upon the
following conditions:
a. There shall be a maximum of three commercial tenants on site;
b. The improvements on the site related to the screening, surfacing and
parking area shall be done in substantial conformance with Exhibit A;
c. Densely packed vegetative screening shall be planted and maintained
with a minimum height of four feet as shown on Exhibit A;
d. All required parking spaces/loading zone shall be provided on site;
e. There shall be no outdoor storage of goods and materials associated
with the commercial uses;
f. There shall be no commercial activity on Sundays and the hours of
commercial operation shall be no earlier than 7 :00 AM and no later
than 6:00 PM;
g. When heavy power equipment is being operated related to the
commercial businesses, all doors and windows in the shop areas shall
be closed to avoid excessive noise and all such use shall cease after
6:00 PM;
h. All commercially related parking shall be contained within the Locus
and not allowed to park in Young's Way; and
1. There shall be no further expansion of the commercial structure
without further relief from this Board.
6. In separate action, by a vote offour in favor (Waine, Loftin, Murphy, Koseatac)
and one opposed (Sevrens), the Board approves the site plan, attached as Exhibit A, as
required under Section 139-23. (Q
Dated: August , 2005 ~=--~ (.LJ ~
e Waine
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET d
NANTUCKET, MASSACHUSETT~02554 \51
PHONE 508-228-7215 .
FAX 508-228-7205 ~v
--.J
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 PM, FRIDAY, AUGUST 12, 1005, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
MICHAEL J. WILSON, TRUSTEE OF COOPED UP REALTV TRUST AND FOR
MARK NORRIS
BOARD OF APPEALS FILE NO. 044-05
AMENDED APPLICATION:
Applicant (Norris) is seeking reliefby SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-9B(2)(a), (b) and (c) to operate contractor/landscaping shops
in the first floor space of an existing one-story 3-bay commercial building on the locus,
which also contains a separate single-family dwelling. One bay would be used in
conjunction with the Applicant's landscaping business, and the other two bays would be
leased to a maximum of two separate tenants. In addition, Applicant is seeking relief by
SPECIAL PERMIT under Nantucket Zoning By-law Section 139-16C(2) to validate the
siting of the commercial building, which is sited as close as about 4.6 feet from the
southwesterly side yard lot line in a district that requires a minimum side yard setback of
five feet. This was only verified when a formal building location plan was completed by
the surveyor on July 18, 2005 after the first public hearing on the original request for
relief. In the alternative, Applicant is seeking reliefby V ARIANCE under Nantucket
Zoning By-law Section 139-16A to validate the siting. The Locus is conforming in all
other respects to the dimensional zoning requirements and all of the required parking
spaces and loading zone would be provided on site.
The Premises is located a 15 YOUNG'S WAY, Assessor's Map 68, Parcel 328,
Plan File 03-10, Lot 29. The property is zoned Resi~mm~i~-c: ~1 ~ ~
Dale W. Waine, Chairman
TIllS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERANATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
CURRENT ZONING CLASSI[lCATIQN:
Residemlial Commercial (RC-2)
MINIMUM LOT SIZE: 5000 S.F.
MINIMUM FRONTAGE: 40 FT.
FRONT YARD SETBACK: 20 FT.
REAR/SlOE SETBACK: 5 FT.
GROUND COVER % : 50%
10789:/:S.F.
SEE PLAN
SEE PLAN
SEE PLAN
23.85:/:%
68-4
N/F
SHARON NICHOLAS
68-329
N/F
ACH TRUST
. >y EXISTING 1 STY.
~ W/F DWELLING
. 831:tS.F.
68-327
N/F
DONOVAN
BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1"= 30'
DA TE: JUL Y 18, 2005
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY, TH/S PLAN SHOULD NOT BE USED TO
EST ABLISH PROPERTY LINES, FENCES, HEDGES OR
ANY ANCILLARY STRUCTURES ON THE PREMISES,
THE PROPERTY LINES SHOWN REL Y ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN /S NOT A CERT/FICATION AS TO
TITlE OR OWNERSHIP OF THE PROPERTY SHOWN,
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDING TO CURRENT ASSESOR RECORDS.
Owner: , , , , .M~f!~. ,,!Ofifi!5. . . . . . . . . . .
LOT 29
Deed: .81<..9P9 ,P,G,3.oP. Plan: . PI.F.L. Q~-1o. ,
Locus: . . . . #.1!? .YpI.!"!C,S. f1"~~ . . . . .
BLACKWELL and ASSOCIATES. Inc.
Professional Land Surveyors
20 TEASDALE CIRCLE
NANTUCKET, MASS. 02554
(508) 228-9026
AM EST
B6415
--------
BLACKWELL & ASSOC., INC.
PROFESSIONAL LAND SURVEYORS
20TEASDALECIRCLE ;i(;\_.l~ r.~
NANTUCKET, MA 02554 i j i -1 I
(508) 228-9026 i, II ~ I 0 21m , j
f I' f I) I
I N V 0 ICE ,- ~~~P'(,o~_~~
'I!:I Uol
MARK &. ELIZABETH NORRIS
P. O. BOX 3362
NANTUCKET, MA 02584
lnvoice#: 8698 January 04, 200S
Job#: 641S._
NORRIS, MARK & ELIZABEm
15YOUNGSWAY NANTUCKET
PROFESSIONAL SURVEYING SERVICES RENDERED: WORK TO DATE.
Description of Labor ".
JOB WRITE-UP
JOB MANAGEMENT
OFFICE RESEARCH
REDUCE FIELD NOTES
TOPOGRAPHY FIELD WORK.
LEVEL CONTROL
TAPE MEASUREMENTS
C STAKE OUT BUILDING CORNERS
~TAKE OUT FOOTINGS
CALCULATE FIELD STAKING
CALCULATION & PLOTIlNG
COMPUTER OPERATION
CLIENT CONFERENCE
BLUE PRINTING/COPIES
Hours
0.25
0.50
0.50
0.25
1.00
2.50
0.50
4.00
2.50
1.00
0.25
0.50
0.25
0.25
Total this invoice:
Credit for Retainer:
Amount Due:
Fee
S 1 1.25
557.50
$67.50
533.75
$63.75
$161.88
532.50
$257.50
$162.50
$135.00
$33.75
$67.50
S31.25
$11.25
$1,126.88
SO.OO
50.00
$1,126.88
PLEASE INCLUDE OUR INVOICE# AND PROJECT# ON YOUR CHECK STUB
A arvicccbarse win be applied to aU bills 30 days past due. The13tc is 1,0% permonlh based upon an annual percentage rate of 12%
I
TO:
NANTUCKET ZONING BOARD OF APPEALS
MARK NORRIS ~
JULY 22, 2005
FROM:
DATE:
RE:
ZONING BOARD OF APPEALS APPLICATION NUMBER 044-05
Attached you will find my final survey on my property at 15 Young's Way.
Unfortunately it shows that the commercial structure before you in the above Application
is sited within the southwesterly required five-foot side yard setback area, which was
unbeknownst to me entirely. I fmd that I must ask for an amendment to my previous
Application to include relief for the setback violation. I had asked my surveyor to come
and pin the corners of the building and I proceeded in good faith to site the building as
setout. I have also enclosed the bill from the surveyor to verify that I sited the building in
reliance upon a licensed surveyor. At the time of the visit to the site the area was covered
in deep snow and areas had to be cleared to stake the corners. In all likelihood the corners
shifted in the ensuing time and the structure was mis-sited. I have asked for special
permit relief as it was unintentional and based upon a licensed surveyor's visit to my lot.
If that is not correct relief, I have asked for relief by variance to validate the siting of the
structure. It has no traditional foundation as it is a pole barn and would be difficult to
move and re-site. I understand that this request would require re-noticing in the paper for
the August 12, 2005 meeting and ask that this be combined with my previous request for
relief.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
PAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, JULY 8, 2005, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
MICHAEL J. WILSON, TRUSTEE OF COOPED UP REALTY TRUST, AND
FOR MARK NORRIS
BOARD OF APPEALS FILE NO. 044-05
Applicant (Norris) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Sections 139-9B(2)(a), (b) and (c) to operate contractor/landscaping
shops in the first floor space of an existing one-story 3-bay commercial building on the
locus, which also contains a separate single-family dwelling. One bay would be used in
conjunction with the Applicant's landscaping business, and the other two bays would be
leased to a maximum of two separate tenants. The Locus is conforming to all dimensional
zoning requirements and all of the required parking spaces and the loading zone would be
provided on site.
The Premises is located at 15 YOUNG'S WAY, Assessor's Map 68, Parcel 328,
Plan File 03-10, Lot 29. The property is zoned Residential-Commercial-2.
~n~i~fU2~L
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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NANTUCKET ZONING BOARD OF APPEALS
-. h 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NOO<f}fr(),5
~E~ $300.00
APPLICATION FOR RELIEF
Owner'. name(s): Cc4k'cfJ Up 4f>O /f~ Tn.JsT( m(c:hae~ ,J.VVdJcn; 1(' ,
/M_~J!ngaddress: /9' &1co.cf3f-re>er, lUoP?fucfCJLkl m~ 02~ry
Applicant's name(s): fna Y'J< Norrr, ,~G -
Mailing address:. ~ rPn k 33fo 2> ~ tuc.k:rf: tt1 ri 02S s>c.; . .
. Locus' address: ~ (Q. Assessor's MapfParcel: Gzg /:3 z. ~
I .
LandCourtPlanlPlanBook&Page lanFil No.: t- z-- 03-10 Lot No.: O? ~
Date lot acquired:X;11.QZ'Deed Ref./Cert. of Title: 1O')? I Ii g Zoning Distric~~ p.. ~ ~~
~ses on Lot - Commercial: None _ Yes (describe) ~Q Mrl.J <"',"' ~ .A IIOff' -3 B~_,
_ Residential: Number of dwellingsL Duplex~ partments Rent r~ooms
. Building Date(s): All pre-date 7/72? or ~ ~,~/ C of O(S)?
Building Permit Nos:
Previous Zoning Board Application Nos.: \.. A ~
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By~law, and supporting details, grounds for grant of relief, listing any exis!ing nonconformities:
~~fY'O;r1O~ Yo 'v..A-e. CLo/l~~~ Cd'(Y\..J(')V2A~. r3-t3tJJ{
I!05.t~sYrUC~ ~J5hdAffl ~~~' J;~rb
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I certify that the informatio contained herel is substantially complete and true to the best of my
knowledge, under the pains and pen les of perJ
SIGNATURE: Applicant~AttorneY/Agent
(If not owner or owner's attorn , lease enclose pr Qf of agency to bring this ter before the Board)
I FO ZB FFICE USE .
Application received on:!::p-/~oI. By: Complete: Need copies?:
Filed with Town Clerk:..G..J{~ Pknning B~ i_ tlUllding Dept.:_/_/ ~U Mr
Fee deposited with Town Treasurer: (Q/2UOfBy:@twaiverreqUested?:_Granted:_I_/_
Hearing notice posted with Town Clerk:.GU2U:?r- Mailed: (0 125 OSl&M:.G..~,of'& ~.J?ol ~
Hearing(s) held on:_I_I_Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_'_/_
DECISION DUE BY:_I_/_ Made:_I_I_ Filed wrrown Clerk:_/_/_ Mailed:_/_/_
IIvn ~V ~VV;) IIVn VI'''I III wnnnnVVIIl:.1 I'fnll:./\ VVllrntH
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WANNACOMETWATERCOMPANY
"
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Nantucket Water Commission
Nelson K. Eldridge
Noreen Slavin
David O. Wonh
1 Milestone Road
Nantucket, MA 02554
June 20, 2005
Telephone (508) 228-0022
Facsimile (508) 325-5344
www.wannacomet.org
Robert L. Gardner
General Manager
Ms. Linda Williams
Zoning Board of Appeals
1 East Chestnut Street
Nantucket, MA 02554
By Telefax
RE: 15 Young's Way
I have reviewed a site of the above referenced project by Blackwell and
Associates and offer the following.
1. The property is located with the Wellhead Protection District
2. The proposed gravel parking lot is well defined, and will allow for the
controlled drainage of storm water to the areas of natural vegetation for
treatnlent and recharge.
Therefore, I find that this project does not have an adverse impact on the
groundwater quality and is hereby approved by the Wannacomet Water Company
under ~ 139-12B(3)(a) of the Town of Nantucket Zoning By-laws.
Sincerely,
W ANNACOMET WATER COMPANY
--~L~<. ~-"
RobeJ1 L. Gardner
General Mana.ger
Cc: MarIe Nonis
June 6, 2005
Dear Zoning Board,
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RECEIVED
IOARD OF ~ESSORS
MAY - 3 2005
Town of Nantucket
TOWN OF
NANTUCKET, MA
't.
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
PROPERTY.Ow}jER...... ..Mtr.lS;A{0!l.!<,... ..J.... .c~P1-
MAl LrNG ADD RES S . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . , . . . ...
, /5 lLA'I\OA ~/
PROPERTY LOCATION...;..... .60 [;~. ]Se... 7...............
ASSESSORS MAPIPARCEL:...,.................... ,'............ .........................
APPLICANT..................... ../dMf(... .A/J..C.((~...........,.......,.
SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directl,.. opposite on any public or private street or way; and abutters of the abutters and all
other land owners within 300 feet of the. property lirie of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) .
anay-... /.()~.. .€.~d S-
DATE'
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F~..W:
ASSESSOR'S OFFICE
Town of Nantucket
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