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Home My WebLink About043-99r TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: June 3 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.: 043-99 Owner/Applicant: MARTIN LEVINE 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. c- Dale W. Waine ~ Cha man 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); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. __ NANTUCKET ZONING BOARD OF APPEALS 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 60.3.4, Parcel 98 Land Court Plan 2408-W 45 Massachusetts Avenue Block 17, Lots 19, 20, 21 & 22 Residential-2 Certificate of Title No. 11076 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, May 14, 1999, at 1:00 P.M., in the Conference Room, in the -Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application of MARTIN LEVINE, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669, Nantucket, Massachusetts 02584, File No. 043-99: 2. The Applicant is seeking a MODIFICATION of the SPECIAL PERMIT issued in Board of Appeals File No. 138-86, and the issuance of a new SPECIAL PERMIT under Nantucket Zoning By-law X139-33.A (alteration or expansion of a pre-existing, nonconforming structure or use), or, in the alternative, a VARIANCE from X139-16.A (Intensity Regulations - front yard setback requirements) in order to validate and confirm the as- built conditions upon the subject property resulting from work done subsequent to the issuance of the Special Permit in Board of Appeals File No. 138-86 and Building Permit No. 5763-87 which was not in conformity with those permits. The front yard encroachment was increased, with the previous setback being nine (9) feet and the setback after the work to alter the dwelling being about 7.6 feet, with the permits having been issued under the condition that the new construction come no closer than the then-existing structure to the front lot line. A minimum front yard setback of 30 feet is required in this zoning district. A deck, constructed at the same time, actually extends about 1.7 feet into Massachusetts Avenue, with a second-story deck having subsequently been constructed with a setback of about 2.5 feet from the front lot line. The subject property (the "Locus") is situated at 45 MASSACHUSETTS AVENUE, MADAKET, Assessor's Map 60.3.4, Parcel 98, is shown on Land Court Plan 2408-W, Block 17, as Lots 19, 20, 21 and 22, and is zoned as Residential-2. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was favorable, subject to resolution of issues created by the encroachment upon Massachusetts Avenue, a public way. There was no support nor opposition presented in person or through correspondence at the public hearing, except for the presentation by the Applicant's representatives. 4.__In Board of Appeals Case No. 138-86, the Board of Appeals granted to the Applicant a Special Permit for the expansion of the dwelling upon the Locus. Relief was granted upon the conditions that the addition not exceed 21 feet in height above grade; that the expanded dwelling continue to contain only one bedroom, and that all requisite Board of Health, Nantucket Historic District Commission ("HDC") and wetlands approvals be secured prior to construction. The decision, in granting the relief, also recited that the expansion would be in the plane of the front face of the structure as it then existed. At the public hearing upon the present case, the Applicant's representatives informed us that, notwithstanding the foregoing conditions and language in the decision in Case No. 138-86, the work as performed by the Applicant's off-Island contractor deviated from that permitted by the decision and the building permit issued pursuant thereto, in that the work as constructed extended further into the front yard setback, with the deck extending into Massachusetts Avenue, which is now a public way. Upon receiving information as to these discrepancies, the Applicant engaged representatives to secure the necessary permits to keep the existing structure, but removing the encroachment upon Massachusetts Avenue. These alterations were performed more than ten years ago, and are therefore protected against enforcement actions for forced removal as to dimensional zoning violations by M.G.L., c. 40A, §7, and by Nantucket Zoning By-law §139-25.C(3). 5. The Applicant has secured an Order of Conditions from the Nantucket Conservation Commission under the Massachusetts Wetlands Protection Act, M.G.L., c. 131, X40, and the Nantucket Wetlands By-law Nantucket Code, c. 136, in Department of Environmental Protection ("DEP") File No. SE48-1242, which permits the existing structure to remain subject to conditions therein stated, with a waiver from the Nantucket Wetlands By-law requirements having been granted on the basis that the Applicant would establish an undisturbed buffer, increasing the capacity of the wetlands resource area upon and adjacent to the Locus to protect the interests identified in the Act and the By-law. 6. The Applicant has also obtained a Certificate of Appropriateness from the HDC, permitting the existing alterations to remain, which is numbered 32639. 7. In the light of the fact that the time for enforcement action to be taken for the removal of the existing violations upon the Locus has expired, and that the Conservation Commission and HDC have approved the as-built ratification of the existing building as altered, the Board of Appeals considered that there was no detriment to the public interest in granting the requested relief. Furthermore, the Board found that the situation of the Locus in a wetlands area, with the opportunity to achieve additional protection for the resource areas by the establishment of an undisturbed buffer upon the Locus if the Order of Conditions is activated for the retention of the structure as it 2 now exists, gave rise to the statutory basis for the granting of Variance relief as requested, in that owing to circumstances relating to the soil conditions and topography of the Locus, consisting of the wetlands resource areas, and especially affecting the Locus but not affecting generally the Residential-2 zoning district in which it is situated, a literal enforcement of the provisions of the Zoning By-law would involve substantial hardship to the Applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-law, for the reasons stated in Paragraph 5 of this decision. 8. Accordingly, the Board of Appeals voted UNANIMOUSLY to GRANT the requested MODIFICATION of the SPECIAL PERMIT issued in Case No. 138-86, and the requested VARIANCE from the front yard setback requirements of the By-law, to ratify and confirm the siting of the structure upon the Locus as now existing, as shown upon a plan by Emack Surveying dated March 15, 1999, attached hereto as Exhibit A, subject to the following conditions: (a) The portion of the deck which encroaches upon Massachusetts Avenue shall be removed by the Applicant. (b) All work shall be done in substantial conformity with, and subject to the conditions of, the Order of Conditions in DEP File No. SE48-1241 and HDC Certificate of Appropriateness No. 32639, as these decisions may be revised to allow for the alterations and removal of the encroaching portion o~ the deck which encroaches upon Massachusetts Avenue. ti Dated: ~~~~ 1999 v- Dale _aine RECEIVE® TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JUN Q 3 1999 vLE RK: ~o Linda ~' . ~T1111 /~ ~ w~" M ` ,~ / 1 ,pJ . O ' M~a r'"a' VV ~ l ~\ O William P. Hourihan, Jr. Edward C. Murphy F:\WP\Levine\Martin\ZBA Decision.doc J ~- ~0 ' d ~d101 60-0~ OKONAK VAGANT c~ . fV 79.4, ' 21 2. + LOTS 19--22 ~ m BLOCK 17 ~ ~+ N 9000 ± sf ~ + 'C 42~ -' ca deck ~ ~ . N ~ s ~ -- 60.~.4-g7 cP gpRBARA A. 1 -1- N IF + H£NEGNAN 44' - ~ _~ _~ } existing ~8~ 2 sty,'"~f ~~~ ~ p ' -~ ~ a. N ~d st o 100.0 ~ co ~ ,+ ~ ~ x ,+ NOTE LOT DOES NOT CONFORM TO CURRENT ZONING REQUIREMENTS MATH RESPECT TO LOT AREA. STRUCTURES 00 NOT CONFORrvI TO CURRENT ZONING REROUIREMENTS M11TH RESPECT 70 FRONT YARD SETBACK. z c v a a, v z ~ c ~ ~ o ~ N C ~ a DECK SHALL BE CUT OFF 50 AS N ~ ~ °~ F TO 8E INSIDE STREET LINE, STEP 1~' b m, :~ u. SHALL BE REMOYEO. ° ~ SETTS AvENv MASlSA eH ~ 1996 ~Qyovt~ `PU P TO ACCOMPANY ' ~ ~.4 _ -;Y CURRENT ZONING: R-2 ~j '~ Ruf3ERT ;s, MINIMUM LOT SIZE: 20,000 SF - -. ._. EMAGK ~%~ MINIMUM FRONTAGE: 75 FT ~ No ~~30 ,~ FRONTYARO SETBACK: 30 FT ~~ ~ r, ~~-_ ~~° SIDE AND REAR SETBACK: 10 FT ~~'~~~`="~J`~`,~ •;i~N~t tavU' ALLOWABLE G.C.R.: 12.5 r EXISTING G.C.R.: 7.2! ± °'~`T ` (dwelling is 591 sf ± , Shed is 54 sf ± .) FoR PROPERTY LINE DETERMINATION TN1S PLOT PLAN RELtE5 ON CURRENT DEE05 ANO PLANS OF RECORD. TH;S PLAN IS NOT REPRESENTED TO BE A TITLE ExAMINATtON OR A RECORDABLE SURvE7. PLOT LAN APPLICATION TO Z8A IN NANTUCKET, MASSACHUSETTS SCALE: 1 "=20' DATE: MAR 1 S, 1999 DEED REFERENCE: LC CERT,# 11,076 PLAN REFERENCE: LC PL 2408-W ASSESSOR'S REFERENCE: 1rd~P: 60.3.4 PARCEL: 98 PREPARED FOR: MARTIN LEVINE EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (50$) 325-0940 .I_~ F ~ 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 NANTUCRET ZONING BOARD OF APPEALS will be held at 12:00 P.M., FRIDAY, MAY 14, 1999, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: MARTIN LEVINE BOARD OF APPEALS FILE N0. 043-99 Applicant is seeking a MODIFICATION of the SPECIAL PERMIT issued in Board of Appeals File No. 138-86, and the issuance of a new SPECIAL PERMIT under Nantucket Zoning Bylaw §139-33A (alteration/expansion of a pre-existing nonconforming structure/use), or in the alternative, a VARIANCE under §139-16A (Intensity Regulations - front yard setback requirements) in order to validate and confirm the as-built conditions upon the-subject property resulting from work done subsequent to the issuance of the Special Permit in BOA File No. 138-86 and Building Permit No. 5763-87 which was not in conformity with those permits as the front yard encroachment was increased from nine (9) feet to 7.6+ feet when the work was done to alter the dwelling under the condition that the new construction come no closer to that lot line. A 30-foot front yard setback is required in this district. A deck, constructed at the same time, actually extends about 1.7 feet into Massachusetts Avenue, with a second-story deck subsequently constructed about 2.5 feet from the same lot line. The Premises is located at 45 MASSACHUSETTS. AVENUE, MADAKET, Assessors Map 60.3.4, Parcel 98, Lots 19 - 22, inclusive, Block 17, Land Court Plan 2408-W. The property is zoned Residential-2` `~./ . Dale W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT O~R E~THCR ALTERNATIVE FORMATS. FOR ASS~ISTANC;E BALL _ ~_ __. - (508~~~2~8=721. ~_--. --._ --- --- --- - -=-=-- .. - BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET April 7, 1999 NANTUCKET, MASSACHUSETTS 02554 ~,~j„ CASE No. 'L'`_-.(b~I APPLICATION FOR RELIEF Owner's name(s): Martin Levine Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP Applicant's name: Same Mailing address: P. O. Box 2669, Nantucket, Massachusetts 02584 Location of lot: Assessor's map and parcel number 60.3.4-98 Street address: 45 Massachusetts Avenue, Madaket ?2egi_tr,~ Land Ct Plan 2408-W, Lots 19-22, Block 17 Date lot acquired: 3/12/84 Cert.of. Title No. 11076 Zoning district RR=2 Uses on lot - commercial: None x or MCD? _ - number of: dwellings 1 duplex _ apartments _ rental rooms _ Building date(s): all pre-8/72? x or _ C of O? _ Building Permit appl'n Nos. 5763-87 Case Nos. all BoA applications, lawsuits: 138-86 State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BoA to make each finding per Section 139-32A x if Variance, 139-30A x if a Special Permit (and 139-33A x if to alter or extend a nonconforming use). If appeal per 139-31A & B _, attach decision or orders appealed. OK to attach addendum See attached addendum. W ~ Items enclosed as part of this Application: orders- addendum2 x U L~j Locus map x Site plan x showing present x + planned _ structures ~ 0 Floor plans present _ proposed _ elevations _ (HDC approved? x) ~ Q ~ Listing lot area x frontage x setbacks x GCR x parking data x Q ~~!n ~ ~ Assessor-certified addressee list 4 sets x mailing labels 2 sets x ~=`L 6 $200 fee payable to Town of Nantucket x proof3 'cap' covenant _ W ~ ~ 1 W t ~ 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) } 1.,.. Y ~~ c:~ f,1 U c:: ~ ~ I certify that the requested information submitted is substantially •a( - ~~~ com lete and true to the best of m knowled e, under the P y g pains and ~.;'~ ~ penalties of perj y. ~ Q _.~ 1 SIGNATURE: ! Applicant _ Attorney/agent x ~. 3(If not owner or owner's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies recd: 4 or fo B on /~/~by One copy filed with Town Clerk on /~/ by complete?/~/ One copy each to Planning Bd and Bui ding Dept ~/_2~y/ by ~~-~[.J $200 fee check given own Tre surer on / y aived?~-~q Hearing notice posted ~~/mailed Z~ & M -~ /~ ~jS2/~f Hearing(s) on _/_/_ cont'd to _/_ _ _/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _/_/_ See related cases lawsuits other F:\WP\Levine\Martin\ZBA app.doc ADDENDUM TO APPLICATION OF MARTIN LEVINE The applicant requests relief by the modification of the Special Permit issued in Case No. 138-86, and the issuance of a new Special Permit and Variance if necessary, in order to ratify and confirm the as-built conditions upon the subject property resulting from work done subsequent to the issuance of the Special Permit in Case No. 138-86 and Building Permit No. 5763-87 which was not in conformity with those permits. The Locus is a nonconforming lot of record as to lot area, having area of about 9,000 square feet in a district in which minimum lot size is 20,000 square feet, and the pre-existing, nonconforming dwelling upon the Locus had, prior to the performance of alterations, front yard setback of about nine feet, with minimum front yard setback of thirty feet in this district. In Case No. 138-86, issued on December 18, 1986, the applicant was granted a Special Permit to alter the dwelling by adding a second story, with horizontal and vertical expansion being in the plane of the existing structure. Building Permit No. 5763- 87 was timely issued on November 27, 1987, for this work, and the work was completed, and all signatures from inspections endorsed upon the original building permit, by November 4, 1988. However, the work as done resulted in extension of the front face of the building so that it is now about 7.6 feet from the street line, and a deck constructed at the same time actually extends about 1.7 feet into Massachusetts Avenue. Subsequently, a second story deck was constructed over part of this deck, set back about 2.5 feet from the street line. A violation notice was given by the Building Department on April 9, 1998, but it is not clear therefrom what the notice related to. No court action for enforcement was commenced within ten years from November 4, 1988, by which time all of the work except the second-story deck had been completed. The Applicant now desires to regularize the condition of his property and to secure a Certificate of Occupancy. He has obtained a Certificate of Appropriateness from the Historic District Commission, No. 32639, on August 4, 1998, for the as-built condition, subject to construction of columns under the second story deck, within the front yard setback. He has also secured an Order of Conditions from the Nantucket Conservation Commission in File No. SE48-1241, and the Commission granted a waiver to approve the project based upon a finding that the provision of an increased undisturbed buffer from the wetland resource area, as offered by the applicant, would increase the ability of the resource area to function. He will also remove-the encroachment of the deck into Massachusetts Avenue. Accordingly, the applicant requests modification of the condition in Case No. 138-86, to remove the requirement that the addition be in the plane of the pre-existing structure, and relief by Special Permit under Nantucket Zoning By-law X139-33.A, or a variance from front yard setback requirements, for the alteration of the pre-existing, nonconforming structure as previously performed, with construction of columns as required by the Certificate of Appropriateness and removal of the encroachment into Massachusetts Avenue. F:\wP\Levine\Martin\ZBA Addendum.doc ~'~ TO~~IN OF NANTUCKET ZONING BOARD OF APPEALS LIST OF PARTIES IN INT1EREST Iii' THE MATTER OF THE PETITION OF PROPERTY OWNER:......!~~~i:!~....~.fl^.~- ..................................................... ti1AILING ADDRESS:.,r°~-....~~~~....~.~:a.....~!t~s!"p~'~F...e7.......a.~$~.~.......... . •_ PROPERTY LOCATION:....`~5......... ft S S rich u.j~e ~...... J~Vt< .................... ASSESSORS IvLAP/PARCEL:.......~%~?.`'/..~...L'.~~.~ ....................................._.. SUBMITTED BY: SEE ATTACHED PAGES I certifi• that the foregoing is a list of persons who are o~z~ners of abutting propem~, 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 propert}•, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 1 I Zoning Code Chapter 139. Section 139-29D (2) ). ~1 ~~l ~~~ ~-_ `~ DATE ASSESSOR'S OFFICE TO~~N OF NANTUCKET 03/22/99 TOWN OF NANTUCKET 08:15:33 OWNER'S MAILING ADD RESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/CiC y State Zip Prcperty Locati cn 6034 0086 NANTUCKET CONSERVATION FOUND I PO BOX 13 0000 MADAKET NANTUCKET MA 02554 6034 0089 *NANTUCKET TOWN OF 0016 BROAD ST 0059 MASSACHUSETTS AV NANTUCKET MA 02554 6034 0093 NANTUCKET CONSERVATION FOUND I PO BGX 13 C057 MASSACHUSETTS AV NANTUCKET MA 02554 6034 609? HENEGHAN BARBARA A 0199 MOUNTAIN RD 0047 MASSACHUSETTS AV N GRANBY CT D6C~0 6034 0041 NANTUCKET COUNTY C. i6 EROAD ST 6060 MASSACHUSETTS AV NANTUCKET MA 025:4 6034 0048 NANTUCKET CONSERVATION FOOtJC I PO BOX 13 0048 MASSACHUSETTS AV NANTUCKET MA C2554 6034 OC5? PITCHER JO'~5 K RTE 2 BGX 223-C 6042 MASSACHUSETTS AV HILLSVILLE Vn 24343 6034 0036 *NANTUCKET TOWN OF 6016 BROAD S7 6006 RhODE ISLAND :.J NANTUCKET MA 02554 6034 0034 NANTUCKET COUNTY OF 16 BROAD STREET 0060 RHODE ISLAND AV NANTUCKET MA 02554 6034 0032 *NANTUCKET TOWN OF OG16 BROAD ST 0000 RHODE ISLAND AV NANTUCKET MA 62554 6034 0031 NANTUCKET COUNTY OF ^,6 BROAD ST 0000 RHGD"c ISLAND AV NANTUCKET MA 02554 6034 0029 *NANTUCKET TOWN OF 0016 BROAD ST 0000 RHODE ISLAND AV NANTUCKET MA 02554 6034 6027 *NANTUCKET TO:JN OF 0015 BROAD ST OOC6 RHODE ISLAND AV NANTUCKET MA 0254 6034 0025 NANTUCKET COUNTY OF 16 BP.OAD ST OC60 RHOCE ISLAND d'J NANTUCKET MA 62554 6034 0023 NANTUCKET COUNTY CF 16 6ROAD ST 0000 RHODE ISLAND AV NANTUCKET MA 02554 6034 0612 *NANTUCKET TOWN OF 0016 BROAD ST 0000 RHODE IS"_AND A`J NANTUCKET MA 02554 6D34 0016 CASEY FRANK J & FRANCES H 0166 KNOLLWOOD RD 0000 RHOCE ISLAND A'J N QUINCY MA 02171 6034 0018 NANTUCKET COUNTY CF 16 BROAD ST 0000 RHODE ISLAND AV NANTUCKET MA 02554 6034 0020 *NANTUCKET T04JN OF 0016 BROAD ST 0006 RHODE ISLAND AV NANTUCKET MA 02554 6034 0022 *NANTUCKET SOWN CF CO"6 BROAD ST OOGO RHODE ISLANC AJ NANTUCKET MA 02554 60.11 0023 *NANTUCKET TGWN OF COib EROAD ST: 0000 RHODE ISLAND AV NANTUCKET MA 02554 6031 0607 PITCHER JOHN K RTE 2 BOX 223-C 638 MASSACHUSETTS AV HILLSVILL E VA 24343 6031 0006 LANE CAROL M & KAVANAUGH MARGA 03:1 1dHITEHALL RD 0035 MASSACHUSETTS AV ALBANY NY 1:.208 6031 0007 PITCHER JOHN K RTE 2 BOX 223-C 0038 MASSACHUSETTS AV HILLSVILL E VA 24343 6031 OOG9 RUSSO RONALD G & DIANE R & 1410 GLENWOOD FC C034 MASSACHUSETTS AV CCNFORTI JOF'N "r a NANCY BROOKLYN NY 1120 6031 002" MA4KOVITS ANNA H 0 GG6C RHODE ISLANC AV ROSLINCAL E M A 02131 PAGE 1 MUAS750 9.1 03/22/99 08:15:33 Map Block Lot Owner's/Co-Owner's Name 6031 0017 ANAPOL IRMA L & JOEL 6031 0015 ANAPOL IRMA L 6031 0024 GEMIS PAUL & DUFFY JOCELYSd TOkN OF NANTUCKET Ok'NER'S MAILING ADDRESS LIST Mailing Address/City State Zip 1115 TUCKER RD N DARTMOUTH MA x2747 1115 TUCKER RD N DARTMOUTH MA 02747 6 TRASK ROAD BOXFORD h!A 01921 Property Location 0036 MASSACHUSETTS AV 0036 MASSACHUSETTS AV 0038 RHOCE ISLAND AV PAGE 2 MUAS750 9.1 NUMBER OF RECORDS = [9 03/22/99 08:20:41 Map Block Lct Owner's/Co-Owner's Name 6031 00011 HAUPTMAN BRUCE 6031 00012 OCONNELL DONN & EILEEN R NUMBER CF RECORDS = 2 TOWN OF NANTUCKET OIJNER'S MAILING AGDRESS LIST Mailing Address/City State Zip 19A OAKLAND STREET LEXINGTON MA 02420 0247 STRATFORD ST W ROXBURY MA 02132 Property Location 043A MASSACHUSETTS AV 0438 MASSACHUSETTS AV PAGE 1 MUAS750 9.1 I N 100 000. 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