HomeMy WebLinkAboutSD-15-34 - Decision - 0022 Patchen Road#SD-15-34
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BRIAN POLLICA & HANNAH TRAN — 22 PATCHEN ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-15-34
FINDINGS OF FACT AND DECISION
Brian Pollica & Hannah Tran, hereafter referred to as the applicants, are seeking preliminary and final
plat review to amend a previously approved plan for a building consisting of 1,378 sq. ft. of medical
office use and 200 sq. ft. of general office use. The application is to construct an 896 sq. ft. addition
resulting in the following breakdown of uses for the entire building: 822.5 sq. ft. for personal service
use, 629 sq. ft. of medical office use & 1,035 sq. ft. of general office use, 22 Patchen Road.
The Development Review Board held a public hearing on Tuesday, October 20, 2015. Brian Pollica
represented the applicants.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. This application consists of a request for preliminary and final plat review to amend a previously
approved plan for a building consisting of 1,378 sq. ft. of medical office use and 200 sq. ft. of
general office use. The application is to construct an 896 sq. ft. addition resulting in the
following breakdown of uses for the entire building: 822.5 sq. ft. for personal service use, 629
sq. ft. of medical office use & 1,035 sq. ft. of general office use, 22 Patchen Road.
2. The owners of record of the subject property are Hannah Tran & Nga Tran.
3. The application was submitted on September 15, 2015.
4. The subject property is located in the Commercial 1— Residential 12 Zoning District.
5. The plans submitted consist of a seven (7) page set of plans entitled "Hannah & Nga Tran 22
Patchen Road South Burlington, VT Proposed Site Plan" prepared by NLB Construction
Consulting dated May 5, 2015 and last revised on August 17, 2015.
Zoning District & Dimensional Requirements:
Table 1. Zoning District & Dimensional Requirements
C-1 R-12 Zoning District
Required
Existing
Proposed
t Min. Lot Size
40,000 S.F.
9,984 SF
No change
Max. Building Coverage
40%
11.9 %
18.6
(1,184 SF)
(1,856 SF)
Max. Overall Coverage
7000
57 %
59 %
(5,783 SF)
(6,164 SF)
t $ Max. Front Yard Coverage
30%
* 48.1 %
54.4 %
(-1,686 SF)
(-1,906 SF)
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# t Min. Front Setback (from planned ROW)
50 ft
13.5 ft.
No change
Min. Side Setback
10 ft.
13 ft.
No change
Min. Rear Setback
30 ft.
103 ft.
50 ft.
Max. Building Height
40 ft.
21 ft.
No change
Zoning Compliance t Pre-existing non -conforming
* The applicant's calculation of a front yard coverage of 7% in its submission was incorrect as the
planned ROW extends relatively deep into the property. The applicant's calculation of building coverage
was also incorrect as the footprint of the existing structure is 960 SF not 1,664 SF.
# Waiver needed for additional encroachment of building SF into ROW and for increase in front yard
coverage.
This is an unusual situation in that the entire existing building and a portion of the existing ramp is
located within the 50 ft. front setback and a portion of the proposed addition will also be within the
front setback even though it will be located entirely behind the existing building.
The existing encroachment of structures into the front setback consists of the building footprint (960 sf)
and a portion of the existing handicap ramp (-168 SF) for a total of approximately 1,128 SF or 32.2% of
the overall front yard size of 3,507 SF. The proposed plan would remove the 168 SF ramp in the setback
but 197 SF of the new addition would be added back resulting a net increase of 29 SF or 2.8% of
additional building encroachment into the front setback area with a total encroachment of 1,157 SF.
The existing front yard coverage is comprised of the building (960 SF), the rear entry ramp (168 SF), the
area leading to the ramp (90 SF) and the driveway (468 SF) and results in a total impervious coverage of
1,686 SF or 48.1% of the overall front yard size of 3,507 SF. The removal of the ramp and the
construction of the addition results in 29 SF as noted above plus the addition of the sidewalk and entry
landings adds 191 SF for a total increase of 220 SF or 13.1% of front yard coverage and a final overall
front yard coverage of 1,906 SF or 54.4%.
Given that the overall proposed development is similar to others in the adjacent area, the Board finds
both the slight increase in encroachment of structures into the front yard and the increase in overall
front yard coverage acceptable and grants waivers accordingly to allow a net increase of 29 SF or 2.8%
of additional building encroachment for total of 1,157 SF of encroachment into the front yard and to
allow an overall front yard coverage of 1,906 SF or 54.4%.
Applicability of use of Planned Unit Development approach
The applicant is proposing this project be reviewed under PUD standards so as to allow a waiver for an
increase of approximately 29 square feet of additional encroachment caused by the proposed addition
to the rear of the existing building which is already located within 50 ft. of the planned ROW of Patchen
Road.
Section 15 of The South Burlington Land Development Regulations addresses Subdivision and Planned
Unit Development Review and reads, in part, as follows:
15.01 Purpose
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It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to
provide for relief from the strict dimensional standards for individual lots in these Regulations in order
to encourage innovation in design and layout, efficient use of land, and the viability of infill
development and re -development in the City's Core Area, as defined in the Comprehensive Plan. It is
the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a
unified process. The Development Review Board shall administer these regulations for the purpose of
assuring orderly growth and coordinated development in the City of South Burlington and to assure
the comfort, convenience, safety, health and welfare of its citizens.
The standards for determining whether a project warrants the flexibility provided by PUD review include
the following:
-To encourage innovation in design and layout.
As encouraged by the Board at sketch review, the applicant proposed construction of a sidewalk along
the north side of the building to be accompanied by additional landscaping.
-Efficient use of land.
The proposed addition will increase the number of businesses on the property from two to three within
the overall building and lot coverage limits. The Board finds that this criterion to be met.
- The viability of infill development and re -development in the City's Core Area, as defined in the
Comprehensive Plan.
The Core Area is defined in the Comprehensive Plan as follows:
1 _ Cnre Area
The core area of the City shall be defined as those areas lying north of 1-89 and 1-189, and lying west
of Spear Street. It is recommended that the majority of development density and new development
over the next 20 years be directed to the core area of the City. It should be noted that within the core
area, there will be sub -areas of varying uses and densities, natural resource preservation areas, parks
and open spaces, and transportation facilities. Many of these sub -areas, such as the City Center,
commercial centers and residential areas are discussed below.
The proposed addition represents in -fill development within the Core Area. The Board finds that
this criterion to be met.
Given compliance with the criteria noted above, the Board finds that the property can be considered as
a PUD.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the following standards and conditions:
(A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
It is unclear whether the proposed addition will cause an increase in water supply and wastewater disposal.
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The Board finds that the applicant shall provide confirmation to the City that adequate water supply and
wastewater disposal exists prior to the issuance of a zoning permit.
(A)(2)Sufcient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
The applicant's plan includes notes on Erosion Prevention and Sediment Control. The Board finds that this
criterion to be met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
Ten (10) parking spaces are proposed one of which will be for handicap use. Eleven are required. See
discussion below. The Board has no concerns regarding access, circulation or traffic.
(A)(4)The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site.
There are no wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor unique natural
features on the site.
(A)(5)The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is
located.
The City's Land Development regulations note the purpose of the subject zoning district as follows:
5.01 COMMERCIAL 1 - C1
A. Purpose. A Commercial 1 District is hereby formed in order to encourage the location of
general retail and office uses in a manner that serves as or enhances a compact central business area.
Other uses that would benefit from nearby access to a central business area, including clustered
residential development and small industrial employers, may be permitted if they do not interfere
with accessibility and continuity of the commercial district. Large -lot retail uses, warehouses, major
industrial employers, and incompatible industrial uses shall not be permitted. Planned Unit
Developments are encouraged in order to coordinate traffic movements, promote mixed -use
developments, provide shared parking opportunities, and to provide a potential location for high -
traffic generating commercial uses. Any uses not expressly permitted are prohibited, except those that
are allowed as conditional uses.
The proposed project will add a third business to the property. The Board finds the project to be consistent
with this purpose statement.
(A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
This criterion is not applicable.
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(A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
In an email to staff dated October 8, 2015, Deputy Fire Chief Terry Francis indicated to staff that the
Department had no issues with the application.
The Board finds that this criterion is met.
(A)(S)Roods, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have
been designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent landowners. The Board finds that this criterion to be met.
The Board finds that the proposed project will not impact the extension of such services and infrastructure
to adjacent landowners.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
According to the Comprehensive Plan, the goals and objectives for this area of the City are as follows:
3. Commercial Centers
These areas generally follow the Shelburne Road and Williston Road Corridors. These areas are
intended to consist predominantly of commercial uses, however, residential and industrial can be
mixed throughout the area. These centers are generally already developed with commercial
establishments. Therefore, growth will occur primarily as infill or conversion development. The City
encourages mixed -use development in these areas (e.g. mixed residential/commercial or mixed
retail/office/restaurant) to encourage pedestrian movement, use of public transportation services,
and shared parking opportunities. These areas are intended to meet both local and regional shopping
and employment needs.
The project represents an addition of a business to an existing commercial building and is therefore
consistent with the Plan.
The Board finds that this criterion is met.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes
the following general review standards for all site plan applications:
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land use
policies for the City of South Burlington as set forth in the Comprehensive Plan.
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B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas.
The project requires 11 parking spaces. The applicant is requesting a waiver of one (1) space or 9% and
seeks approval to construct only 10 spaces. The Board notes that the project is located one block from
Williston Road a major arterial which includes CCTA public transit and sidewalks, and has no concerns with
the waiver request.
The Board hereby grants a waiver of 1 space or 9% to allow 10 parking spaces instead of the 11 spaces
nominally required.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this subsection.
Parking spaces will be located to the rear of the building. The Board finds that this criterion to be
met.
(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or anticipated adjoining
buildings.
The existing structure is approximately 23 feet high. The propose addition is approximately 21 ft.
high. This is similar to other structures in the neighborhood. The Board finds this criterion to be met.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
The plans are silent on the location of any new utility services especially the electrical line to service the
proposed new yard light at the rear of the lot.
The Board directs the applicant to revise its plans to detail the proposed underground location of any
newly installed utility services and service modifications.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
The design of the structure is consistent with the existing building and with others in the
neighborhood. Additional landscaping is proposed.
The Board finds this criterion to be met.
I.
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(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
The existing structure is approximately 23 feet high. The proposed addition is approximately 21 ft.
high. This is similar to other structures in the neighborhood. The Board finds this criterion to be met.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
A. Access to Abutting Properties. The reservation of land may be required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
No reservation of land is required.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
As noted above, the applicant should detail the underground location of any newly installed wire utility
lines.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible, secure and properly screened
with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles
intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required
to be fenced or screened.
No dumpster area is identified on the plan as the applicant indicates that household size totes to handle
solid waste, recycling and compost will be utilized and stored inside.
The Board finds that this criterion is met.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening,
and Street Trees.
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The minimum landscape
requirement for this project is determined by Table 13-9 of the South Burlington Land Development
Regulations. The costs of street trees are above and beyond this minimum landscape requirement.
The total construction cost for the addition is $68,000. The minimum landscaping requirement is calculated
as follows:
Total Building Construction or % of Total Construction/ Minimum Landscape Requirement
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Building Improvement Cost
Improvement Cost
$0 - $250,000
3% [ x $68,000 ]
$2,400
Next $250,000
2%
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Additional over $500,000
1%
-0-
Minimum Landscaping $»
$2,400
The applicant is proposing landscaping with a value of $4,700. The Board finds that this criterion is met.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage
areas that will minimize the potential for run-off. Snow storage areas are shown on the plan.
Lighting
Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded
and downcasting to prevent light from spilling onto adjacent properties and rights -of -way.
The applicant has submitted the spec sheet for the proposed rear yard light. The applicant also indicated
that they will install shields to prevent any spillage of light onto adjacent residential properties.
The Board finds that this criterion is met.
Stormwater
In an email to staff dated September 25, 2015 the Department of Public Works commented as follows:
The City Stormwater Section has reviewed the "Hannah & NGA Tran — Proposed Site Plan" prepared by
NLB Construction Consulting, LLC, dated 515115 and last updated on 8117115. We would like to offer the
following comments:
1. The proposed project is located in the Potash Brook watershed.
2. It is recommended that dimensions of the pipe and stone are added to the infiltration trench
detail, as well as a more defined swale above the trench.
3. Work in the City Right Of Way (ROW) requires a permit before construction can begin. A
"Permit to Open Streets or Right -Of -Way" can be obtained from the South Burlington
Department of Public Works on their web site, or by stopping by their office located at 104
Landfill Road.
4. The DRB should include a condition requiring the applicant to regularly maintain the
stormwater treatment practice.
Regards,
Dave
David P. Wheeler
Assistant Stormwater Superintendent
#SD-15-34
The Board notes that Mr. Wheeler's comments address the initial submission. Revised plans received on
October 8, 2015 indicate that no infiltration trench will be constructed and that the parking area instead
will be regraded so that stormwater sheet flows to the east into a proposed grass Swale (also serving as
a snow storage area and is infiltrated on site. Subsequent oral communications between staff and Mr.
Wheeler indicate that the DPW is comfortable with the modification as stormwater will infiltrate on site
and not drain to the City's stormwater system or to nearby waterways and the City's standards will
continue to be met.
The Board is supportive of the proposed co -location of the snow storage area and the grass swale.
The Board finds that the applicant shall regularly maintain the stormwater treatment practice.
3.05 Lots
Buffer Strip for Non -Residential Uses Adjacent to Residential District Boundaries.
(1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of
a residential district, or where an existing non-residential use, structure or parking area
that is adjacent to or within fifty (50) feet of the boundary of a residential district is
proposed to be expanded, altered or enlarged, the required side or rear setback shall be
increased to sixty-five (65) feet. A strip not less than fifteen (15) feet wide within the sixty-
five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other
plantings as a screen. New external light fixtures shall not ordinarily be permitted within
the fifteen (15) foot wide buffer area.
The property's rear property line abuts the Residential 4 District. As proposed, the project is not in
compliance with this standard although the applicant has proposed planting twelve (12) Arborvitae
Nigro as screening along the back edge of the property but this strip is well less than 15 ft. wide.
(2) The Development Review Board may permit new or expanded nonresidential uses,
structures and/or parking areas, and new external light fixtures, within the setback
and/or buffer as set forth in (1) above, and may approve a modification of the width of the
required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB
shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent
to the boundary of the residential district will provide equivalent screening of the noise,
light and visual impacts of the new non-residential use to that which would be provided by
the standard setback and buffer requirements in (1) above. However in no case may the
required side or rear setback be reduced below the standard requirement for the zoning
district in which the non-residential use is located.
Given the proposed 10 parking spaces, the proposed grass swale and the delineated snow storage area,
the Board notes that it would be a challenge for the applicant to install and locate the required 15' x 59'
strip pursuant to subsection 3.05 1. (1).
During the hearing the Board and the applicant noted the existing line of trees along the rear of the
property which abuts a residential property.
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The Board finds that the proposed landscaping acceptable and directs the applicant to avoid cutting, to
the extent feasible and reasonable, any existing trees along the rear of the property during the planting
of the Arborvitae Nigro.
Pursuant to Section 3.05.1(2), the Board finds that the combination of existing trees and proposed new
line of Arborvitae Nigra will provide screening of noise, light and visual impacts from the new non-
residential use of the subject property equivalent to the standards of Section 3.05.1(1).
DECISION
Motion by John Wilking, seconded by David Parsons, to approve preliminary and final plat application
#SD-15-34 of Brian Pollica and Hannah Tran, subject to the following conditions:
1. All previous approvals and stipulations, which are not superseded by this approval, must remain
in effect.
2. This project must be completed as shown on the plans submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The plat plans must be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to the
Administrative Officer prior to recording the plat.
a. The site plan shall be revised to detail the proposed underground location of any newly
installed utility services and service modifications.
b. The lot coverage numbers cited in the table on the Site Plan should be corrected to
be consistent with the analysis shown in Table 1. Zoning District & Dimensional
Requirements.
4. The Board hereby grants the following waivers:
a. Allow a net increase of 29 SF or 2.8% of additional building encroachment for total of
1,157 SF of encroachment into the front yard
b. Allow an overall front yard coverage increase of 220 SF or 13.1% to an overall coverage
of 54.4%.
c. Allow waiver of one (1) space or 9% to allow 10 parking spaces instead of the 11 spaces
nominally required.
5. The applicant must regularly maintain the stormwater treatment practice.
6. The Board directs the applicant to avoid cutting, to the extent feasible and reasonable, any
existing trees along the rear of the property during the planting of the Arborvitae Nigro.
7. The applicant must provide confirmation to the Administrative Officer that adequate water supply
and wastewater disposal exists prior to the issuance of a zoning permit to construct the addition.
8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
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services, and service modifications shall be underground.
9. All exterior lighting must be downcasting and shielded, and otherwise comply with Section 13.07
of the SBLDR.
10. The proposed project must adhere to standards for erosion control as set forth in Section 16.03
of the South Burlington Land Development Regulations. In addition, the grading plan must meet
the standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
11. Prior to permit issuance, the applicant must post a $2,400 landscaping bond. This bond shall
remain in full effect for three (3) years to assure that the landscaping has taken root and has a
good chance of survival.
12. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the
Land Development Regulations or this approval is null and void.
13. Prior to issuance of a zoning permit for the addition, the applicant must submit to the
Administrative Officer a final set of project plans as approved in digital (PDF) format.
14. The mylar must be recorded prior to any zoning permit issuance.
15. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to
the use of the addition.
16. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording.
Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in
digital format. The format of the digital information shall require approval of the South
Burlington GIS Coordinator.
Tim Barritt
Yea
Nay
Abstain
Mark Behr
Yea
Nay
Abstain
Matt Cota
Yea
Nay
Abstain
Bill Miller
Yea
Nay
Abstain
David Parsons
Yea
Nay
Abstain
Jennifer Smith
Yea
Nay
Abstain
John Wilking
Yea
Nay
Abstain
Motion carried by a vote of 4— 0 — 0.
t� /
Signed this day of 1 V �)' 0 �`� 2015, by
Tim Barritt, Chair
Not Present
Not Present
IVnt Dracant
Not Present
Not Present
Not Present
Not Present
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Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant
to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is
$225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may
be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d)
(exclusivity of remedy; finality).
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