HomeMy WebLinkAbout027-99TOWN OF NANTUCKET
BOARD OF APPEALS ~~°°~~
NANTUCKET, MASSACHUSETTS 02554
Date: May ~~ 19 99
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: 027-99
Owner/Applicant: JOHN F. MESSANOTE, ANNE J. CAWLEY (0'ROURKE)
AND BARBARA YANKE, FOR THEMSELVES AS OWNERS AND FOR
MATTHEW AND BARBARA RIVES
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.
ale w. waine ~ Chairman ~ ED
r0`~~f~,; Ci+ERK'S OFFICE
~IAFJTt~CKET, MA 02554
cc : Town Clerk ~" ~•v ~ $ 1999
Planning Board ~% ~~^^
IME:___. ~:~ --(-
Building Commissioner ~
EE~K:_~~~
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); §139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 66 71 BARTLETT ROAD
Parcel 425 Land Court Plan 28993-U ~ col`- ~~
R-C-2 Cert . of Title 869 ~' Ql `t7
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1:00 P.M., Friday, April 9, 1999, in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the
Application of JOHN F. MESSANOTE, ANNE J. CAWLEY (0'ROURKE) AND BARBARA
YANKE, FOR THEMSELVES AS OWNERS AND FOR MATTHEW AND BARBARA RIVES, of 260
Main Street, Brunswick, ME 04011, and P.O. Box 1404, Nantucket, MA 02554,
respectively, Board of Appeals File No. 027-99, the Board made the
following Decision:
1. Applicants (Rives) are seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-Law §139-9B(2)(a), (b) and (c) (light manufacturing;
storage and warehousing, including properly screened open storage of
goods and materials; and for the fabrication and assembly of component
parts for off-site construction and use, respectively). Applicants
propose to construct a 2560+ square-foot building that would be used for
the operation of their cabinetmaking business, in conjunction with their
boat building business, a permitted use under Nantucket Zoning By-Law
§139-9A(9). All Parking and loading zone requirements would be met.
The Premises is located at 71 BARTLETT ROAD, Assessor's Map 66,
Parcel 425, Land Court Plan 28993-U, Cert. of Title S69~ ¢ Q~ry , Lot 174.
The property is zoned Residential-Commercial.
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 a favorable recommendation, subject to
incorporation of a common driveway easement between Lot 173 and 174 as
well as other site plan improvements into the final Decision.
3. Applicants are the Contract Purchasers of the subject property, a
vacant lot on Bartlett Road. The Lot is located in the
Residential-Commercial-2 zoning district and meets the minimum
requirements having an area of 12,301+ square feet where 5,000 square
feet is required and 66.03 feet of frontage where 40 feet is required.
Applicants' intended business, a boat building business, is a permitted
use, and Special Permit relief is required only for the proposed
cabinetmaking business and ancillary interior storage. The four (4)
required parking spaces and loading zone will be provided on site and
the green space requirement of 20/ will be met with the Applicants
showing 37.5+% of green space on the site plan submitted with the
application. Applicants propose to construct a 2560+ square-f oot~~~buildinc~"
for their commercial operations. A plicants plan to leave the existing
permanent vegetative screening buf~er around the perimeter of the
property, except along the southwesterly side yard lot line where the
common driveway with the adjacent lot is located. No outdoor storage
is proposed.
4. Therefore, the Board finds that so long as the interior areas,
used in conjunction with the commercial uses on the property, are less
than 4,000 square feet, and the total area of interior and exterior uses
does not exceed 5,000 square feet (and none of the other threshold
criteria are met), the provisions of Nantucket Zoning Bylaw §139-10 for
Major Commercial Developments are inapplicable and the Board of Appeals
has Special Permit jurisdiction over the project. The Board further finds
that the grant of Special Permit relief for the uses as proposed would be
in harmony with the general purpose and intent of the Zoning Bylaw and
that the uses would not be inherently in violation of Zoning Bylaw
§139-7E(4), which prohibits structures and uses which are injurious,
obnoxious, offensive, dangerous or a nuisance to the community or to the
neighborhood through noise vibration, concussion, odors, fumes, smoke,
gases, dust, harmful fluids or substances, danger of fire or explosion or
other objectionable features detrimental to the community or neighborhood
health, safety, convenience, morals or welfare.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested
SPECIAL PERMIT relief under Nantucket Zoning Bylaw §139-9B(2)(a), (b) and
(c) to allow the use of the property for a cabinetmaking business in
conjunction with a boat building business, which is a permitted use by
right, subject to the following conditions:
a. Existing perimeter screening shall be maintained along the
northwesterly, northeasterly and southeasterly lot lines;
b. There shall be no mechanical servicing of boats or vehicles
upon the Locus;
c. Any hazardous materials stored on site shall be handled in
accordance with all applicable Federal, State and local regulations; and
d. Hours of commercial activity on the Premises shall be between
the hours of 7:30 A.M. and 6:00 P.M. for work performed outside of
buildings with no exterior work to be performed on Sunday;
6. The Board of Appeals also voted unanimously to approve and endorse
the site plan as submitted, marked as Exhibit A and attached hereto under
Nantucket Zoning Bylaw §139-23. n
Dated:^May ~, 1999
//
Linda F. W' iams
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be
held at 1:00 P.M., FRIDAY, APRIL 9, 1999, in the CONFERENCE ROOM, TOWN
ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
JOHN F. MESSANOTE, ANNE J. CAWLEY (0'ROURKE) AND BARBARA YANKE, FOR
THEMSELVES AS OWNERS AND FOR MATTHEW AND BARBARA RIVES
BOARD OF APPEALS FILE N0. 027-99
Applicants (Rives) are seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-Law §139-9B(2)(a), (b) and (c) (light
manufacturing; storage and warehousing, including properly screened
open storage of goods and materials; and for the fabrication and
assembly of component parts for off-site construction and use,
respectively). Applicants propose to construct a 2560+ square-foot
building that would be used for the operation of their cabinetmaking
business, in conjunction with their boat building business, a permitted
use under Nantucket Zoning By-Law §139-9A(9). All parking and loading
zone requirements would be met.
The Premises is located at BARTLETT ROAD (FORMERLY 8 MARBLE
WAY), Assessor's Map 66, Parcels 68.2 and 103 (portion), Land Court
Plan 28993- E and F, Lot 174, and shown on an ANR plan endorsed by the
Nantucket Planning Board 12/11/98, #6307, shown as Lot 174 on Land
Court Plan No. 28933-T (pending).The property is zoned
Residential-Commercial-2.
~___.
Dale W. Waine, Chairman
THIS NOTICE IS AVAILABLE IN LARGE PRINT 0R C(~THCR
ALTERNATIVE. FORMATS-: FOR _ ASS~ISTANC;~ VAL.- _ -.- --
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BoA Form 1-89 NANTUCKET ZONING BOARD OP ABPEALB
Da e
+~~ TOWN AND COIINTY HII2Y,DING ~
NANTIICIDrT, MA 02554
CASE No ~-
APPY TCA'~'YON FOR REI,ZEF
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Owner's name(s) : zan \+" ~ ~ ~N ~ ~~ ~~
r'" Mailing address: 260 Main Street r /
~~--'~~//'~~~
Applicant's 1Ta1ne: Matthew and Bar ~ C~ X~~ ~,
Mailing address: P O'Box 14x4, Nantucket MA 02554 ---
Location of lot: AssesBOr'& map and parcel number ,~,- 6s.2+in~
Street address: Bartlett Rd (formerlX R Marhlo wa~~
Registry Land Ct'Plan, $l~-n Bk & Pg or Plan File ~ROO~ ~~~ l,ot ~~a ,
Date lot acquired: ~/~,$g Deed Ref g1,,~ Zoning district Rc-2
Uses on lot -.commercial:'None x or McD?_
- number ot: dwellings duplex- apartments- rental rooms-
Buildinq date(s): all pre-8/72? NA or C of O?_
Building Permit appl'n. Nos. NA
Case Nos. all 8oA applications, lawsuits:
state tullyy all Zoningg relief sought and respective Code sections
resent
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and subsections, specifically what you propose c
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139-32A it Variance, 139-ZOA if a Special Permit (and 139-33A
er 139-3 A
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p
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it to alter or extend a nonco~orm
attach addendum
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Items enclosed as part of this Application: orderl addendum2
Locus map, Site lance showing present +planned structures
Floor plans presen~ proposed- slevatlons (HDZ appproved?_).
Listings lot area frontage setbacks GCR parking data
Assessor-certitie3 addressee• I~st 4 sets~_ ma~l~g labels 2 sets,
200 fee payable to Town of Nantucket pproof 'cap' covenant
(Zt an appeal, ask Tom Clerk to sen~ldg Comrr s record to BoA~
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury. ~
SIGNATURE: %~%s~~ ,C~sr~,~:~•,Applicant ~ Attorney/agent _
3(It not ownex or owner's attorney, enclose proof of authority)
FOR Bo FFICE USE C~9 _'~
Application copies reed: 4 or_ for BoA on~~~ by ~~~C.JI
one copy filed with Town Clerk on~~f~by compl/ete~?~~
one copy each to Planning 8d and Suildin Dept~~ Y_~~
$200 fee check given Town Treasurer on~~~by aived?_
Hearing notice poated~_/~~mailed~~I & t~/~/ ~' + ~(~~
Hearing(s) on,_,/~_ cont'~a to~~_, ~~_ withdrawn?~~_,
Decision due by,_/_/_ made~~_ tiled TC,_/~_ mailed~/~_
See related cases lawsuits ~ other
ADDENDUM TO APPLICATION
Matthew and Barbara Rives
Lot 174 on Bartlett Road
The applicant seeks relief by special permit under sections 139-
9(B)(2)(a),(b), and (c), to allow the use of the premises for light
manufacturing, storage and warehousing, including properly screened open
storage of goods and materials, and for the fabrication and assembly of
component parts for off-site construction and use. The applicant proposes to
use the lot for the operation of his cabinetmaking business, in conjunction
with his boat building business, a permitted use under section 139-9(A}(9}.
The applicant will leave a permanent screen consisting of natural trees
and vegetation from Bartlett Rd. and other property lines abutting land in
residential use. The structures and parking will be oriented at the middle of
the lot to maintain as great a distance as possible from both Bartlett Rd. and
existing residences on abutting lots.
OFFER TO PURCHASE REAL ESTATE
"T/ris is a lega!!y bindiirg co~rlrnct. !f not u»derstood, seek competent Advice. "
From the office of:
To: Mezzanote Etal. t/ZC MQllI~ j1801JIC~ lI1C.
Date: February ] 8, 1999
I hereby offer to buy the property herein referred to and identified as follows:
Vacant Land located on Bartlett Road, further described as Map 66, Parcel 68.2 & 103, Lot 174 in the Nantucket Registry of
Deeds.
I hereby offer to buy said property under the following terms and conditions:
(1) I will pay therefore One Hundred Sixty Five Thousand dollars ($165,000 ), of which:
(a) $1,000.00 is paid herewith as a deposit to bind this Offer.
(b) $15,500.00 is to be paid as an additional deposit upon execution of Purchase and Sale Agreement as provided for below.
(c) $148,500.00 is to be paid in cash, certified check, or bank draft at the time of the delivery of the Deed .
(d)
(e) $165,000.00 is the Total Purchase Price.
(2) This Offer is good until 5:00 PM on 2/19/99, at or before which time a copy hereof shall be signed by you, the Seller
and your spouse, signifying acceptance of this Offer, and returned to me forthwith; otherwise this Offer shall be
considered as rejected and any money deposited herewith shall be returned to me forthwith.
(3) The parties hereto shall, on or before 5:00 PM on 3/4/99 , execute a Purchase and Sale Agreement,
which when executed, shall be the Agreement between the parties hereto.
(4) A good and sufficient Deed, conveying a good, clear and marketable title of record shall be delivered at 11:00 AM on
6/1/99, at the Nantucket County Registry of Deeds, unless some other time and place are mutually agreed upon.
(5) (a) If you (Seller) do not fulfill your (Seller's) obligations under this Agreement, said Agreement shall be enforceable both at law
and in equity, (inclusive of specific performance).
(b) If I (Buyer) do not fulfill my obligations under this Offer, the deposit (1) (a) mentioned above shall become your (Seller's)
property as liquidated damages without recourse to either party.
(6) Time is of the essence hereof.
(7) A fee of 6% will be paid by the Seller to Maury People/Angelastro ,the listing broker(s), upon passing of title.
(8) This offer is contingent upon (1) Buyer obtaining financing for purchase and construction of no less than $355,000 -contingency to
be satisfied within 30 days of this offer, (2) Buyer to obtain a special permit for light manufacturing, (3) Subject to lot being buildable
by all State and Local zoning and health regulations.
WITNESS my (our) hand(s) and seal(s). SIGNED
This Offer is hereby accepted upon the foregoing terms and conditions at AM/PM on
Receipt of the deposit of $ is hereby acknowledged.
WITNESS my (our) hand(s) and seal(s)
/~j 19
Received From ~ o¢'Tj 7~~Uf-S
e er ezzanote to .
RECEIPT FOR DEPOSIT
the sum of $ ~~~ (~G ---- as deposit under the terms
and conditions of the above Offer, to be held in escrow by
Broker or authorized rel
PO Box 1404 Nantucket MA 02554
f tb lii ' `j`! L.S: 1.5 I U: 151~i~~i5651 h KUf'1: I'1tLLNfVU I I t L.HW F 1 Kf'1 I -b (b r. b4
,FER-SB-1~ 16~ 5b AFJI~LASTR(7 REAL ESTATE 508 «$ 5651 P. G_I~
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PERMISSION TO APPEAR BEFORE THE N.ANTl'ICKET ZONING $OAR.D OF
APPEAL~; NANTUCK~;T HISTORIC DISTRICT COMMISSION, NANTUCKET
BOARiL1 OF HEALTIi~, and THE NANTUCKET BUII.DINCI DEpAR,TMENT
John Mezzanote, $arbara Yanks, and Anne Cawley O'Rourke as owners of
vacant lard in Nantucket, Massachusetts located on $artlett Road and shown on
Assessors Map 66, Parcels 68.2 and 143, being subdivided into lots I69, 170,171,
172, 173, and 174 as shown on a plan of land drawn by Nantucket Surveyors and
approved by the Nantucket Planning Board on December 14, 1998 (Planning Board
File Number 630?) do give Matthew Rives as contract purchaser of Lot 174, or his
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i
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attorney, 'permission to <<ppear before all of the agencies listed above.
hn ez note ___..
Barbara '~anke
Anne Cawley O'Rourke
a/r4 !~~
Date
17ate
Date
Feb. 23 '99 16:21 MAILBOXES ETC. TEL 860-693-%36 P. 1
III
FEH-23-1999 13:18
AI~LASTRO RED ESTATE
~3 228 X651 P.01
PERM--LL}~SION TO APPEAR BEFORE THE NANTUCI~ ZC?NIIV(3 BOARD OF
$0~-R.D~ OF HEALTH, and THE NANTUCKET BUILDING DE ARTMENT
i ''
~ ~
John M~zxanote, Barbara Yanks, and Anne Cawley O'Rourke as owners of
~ vacant land in Nantucket, Massachusetts located on Bartlett Road and shown on
i
~ Assessors Map 68, Parcels 68.2 and 108, being subdivided into lots 188, 170,171,
172, 173, end 174. as shown on a plan of land drawn by Nantucket Surveyors and
I
' appxoved by the Nantucket Flanning Board on December 14,1998 (Planning Board
File Number 6307) do give Matthew Rives as contract purchaser of Lot 174, or his
attorney, permission to appear before all of the agencies listed above.
John Meazanote
Date
r 7
Date
Date
TUTf~ P.01
Anne Cawley O'Raurke
Fet• 19 99 10:22a Edward J O'Rourke 207-729-0715 p.2
-FEB-18-1999 16:54 ANGELASTRO REAL ESTATE
508 ?_28 ~b51 P. D2
~I is
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f ~ERM~~ I~~Sy~~ION TO APPEAR. BEFORE THE NANTUCKET ZONING BOARD OF
f BPOEAL5, NANTUCKET HISTORIC DISTRICT COMMISSION, NANTUCKET
i ARD OF HEALTH, and THE NANTUCKET BYJILDING DEPARTMENT
Bohn Mezzanote, Barbara Yanke, and Anne Cawley O'Rourke as owners of
vacant land in Nantucket, Massachusetts located on Bartlett Road and shown on
Assessors Map 66, Parcels 68.2 and 103, being subdivided into lots 169, 170,171,
172, 173, and 174 as shown on a plan of land drawn by Nantucket Surveyors and
approved by the. Nantucket Planning Board on December 14, 1998 (Planning Board
File Number 8307) do give Matthew Rives as contract purchaser of Lot 174, or his
attorney, permission to appear before all of the agencies listed above.
John Mezzanote T Date
Barbara Y~.nke Date
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Anne Cawley O'Ro rke ate
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INT^E~-REST IrN THE MATTER OF THE PETITION OF
PROPERTY OWNER:......~a,1v~....1~.-.....~e~2..~,~.v.i~.....C,J~...~.~ ..............
MAILIiv'G ADDRESS:~...I~:~~t,L~r....p~:.....7' ~1.C~.....~.`f.~.~.~.
PROPERTY LOCATION:...~5?...~....~>...-..:'.~"LAY`-~~-..~~:- ..............................
.,
ASSESSORS MAP/PARCEL:....e:~-G¢(,~.-... v(~~.:.~....~..w.-? .........................
SUBMITTED BY :.............................................................................................
SEE ATTACHED PAGES
I certif~~ that the foregoing is a list of persons who are owners of abutting property, owners of land
directly opposite on any public or private street or way; and abutters of the abutters and all other
land o«ners within three hundred feet of the property line of o~~mer'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) ).
.....Z..I.:~~.1 ~j.~.
~tc~~
DATE ASSESSOR'S OFFICE
TOWN OF NANTUCKET
02/24/99 TOWN OF NANTUCKET
08 :48:47 OWNER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mailing Address /Ci ty Sta te Zip P roperty Location
0066 0109 BURCHELL EDWARD N PO BOX 2438 0076 SOMERSET RD
NANTUCKET MA 02584
0066 0110 BURCHELL EDWARD N PO BOX 2438 0074 SOMERSET RD
tANTUCKET MA 02584
0066 0111 BURCHELL EDWARD N PO BOX 2438 0072 SOMERSET RD
NANTUCKET MA 02584
0066 0112 BURCHELL EDWARD N PO BOX 2438 0070 SOMERSET RD
NANTUCKET MA 02584
0066 0116 BURCHELL EDWARD N PO BOX 2438 0003 MARBLE WY
NANTUCKET MA 02584
0066 0117 BURCHELL EDWARD N PO BOX 2438 0005 MARBLE WY
NANTUCKET MA 02584
0066 0107 BURCHELL EDWARD N PO BOX 2438 0078 SOMERSET RD
NANTUCKET MA 02584
0066 0117 BURCHELL EDWARD N PO BOX 2438 0005 MARBLE WY
NANTUCKET MA 02584
0066 0118 CASSIDY MARY A PO BOX 834 0011 MARBLE WY
C/0 SENEGAL MARIA NANTUCKET MA 02554
0066 01181 SENEGAL MARIA F 1536 PUFFIN CT 0007 MARBLE WY
PASADENA MD 21122
0066 01061 BURKE MARY C & OLDS DEBORAH A 0016 MEADOW CT 0016 MARBLE WY
FAIRFIE~D CT 05430
0066 0106 BURKE MARY C E OLDS DEBORAH .4 0016 MEADOW C' G014 MARBLE WY
,FAIRE?~~~ CT G6430
0066 0105 *WEBER JOHN 12 MARBLE WAY 0012 MARBLE WY
NANTUCKET MA 02554
0066 0104 GIOIOSO TOMMASO 0025 ANGELA RD 0010 MARBLE WY
BRAINTREE MA 02184
0066 0102 JOHNSTON DONALD R JR & CONSTAN BOX 323 0004 MARBLE b:Y
NANTUCKET MA 02554
0066 0101 *THURSTON FRIEDA LIFE ESTATE PO BOX 2487 0002 MARBLE WY
NANTUCKET MA 02584
0066 0407 LAPIENE ROBERT S 0013 BAYBERRY LN 0064 BARTLETT RD
NANTUCKET MA 02554
0066 0406 NEWMAN JOHN L TR PO BOX 2113 006¢ BARTLETT RD
THREE COCONUTS REALTY TRUST NANTUCKET MA 02584
0066 0408 ALOISI SAMUEL J E LYNNE 62 BARTLETT ROAC 0062 BARTLETT RD
NANTUCKET ^.A 02554
0066 0409 PATERSON NEiL 0011 BURNT SWAMP RD 0060 BARTLETT RD
NANTUCKET MA 02554
0066 0410 *NANTUCKET HISTORICAL ASSN PO BOX 1016 0066 BARTLETT RD
NANTUCKET MA 02554
0066 0067 NANTUCKET ISLANDS LAND BANK 0022 BROAD ST 0070 BARTLETT RD
NANTUCKET MA 02554
PAGE 1
MUAS750 9.1
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