HomeMy WebLinkAbout2017-08-15 Planning Board Minutes Town of North Andover
PLANNING BOARD
John Sirens, Chairman
Peter Boynton )o,SYi4 ����t '. Eitan Goldberg
� cul' Aaron Preston
Jennifer Luz Christine Allen,Associate
TuesdaE August 1S, 2017 7 tarn, 120 Main Street Town Hall,North Andover,MA 01845
1 Present: J. Simons, P. Boynton,J.Luz(Remote participant),E. Goldberg,A.Preston, C. Aller
2 absent:
3 Staff Present: S. Egan, J. Enright, R. Oldham, B. Wolstromer
4
5 J. SimDris Chairman: The Planning Board meeting for Tuesday,August 15,2017 was called to order at 7 p.m.
6
7 PUBLIC HEARINGS
8 CONTINUED PUBLIC HEARING: 1975 Salem Street: (aka 0 Salem Street),Phil Christiansen: Application
9 for a Land Disturbance Permit in connection with proposed construction of 3 detached single-family homes with
10 site grading, driveways; and service utilities. The property is located in the Residential 2 (R-2)zoning district.
11 R. Oldham: This Applicant has received two Frontage Exception Special Permits,Access across Legal Frontage
12 Special Permit, a Common Driveway Special.Permit and an ANR to split one lot into 3 lots. This project requires
13 a Land Disturbance Permit because the disturbance is over an acre. Stormwater review should be complete by next
14 week.
15 P. Christiansen, En rgineer: Due to sandy soil,the stormwater was challenging;we provided infiltration chambers
16 along the driveways. We have a zero increase in peak flow rate and meet all stormwater standards;we have minor
17 administrative adjustments to make to the plans.
18 J. Simons: Have the septic system designs been approved and do you know their locations?
1.9 P. Christiansen: We have located them on Lots 2 &3 we are still testing Lot 1.
20 J. Simons: How much clearing will there be on the lot? Will the street trees remain?
21 P. Christiansen: Showed the limit of clearing; everything,in the front is within the 204 foot riverfront area.
22 Conservation requires those disturbed areas be reestablished to natural conditions.
23 R. Oldham: We'll draft a decision for the next meeting.
24 Xontinued to the September 5, 2017 Planning Board meeting]
2.5 t
26 NEW PUBLIC HEARING: 0 Great Pond Road and 1193 Great Pond Road North Andover Solar LLC:
27 Application for a Land Disturbance Permit in connection with development of a 1.1 megawatt, ground-mounted
28 photovoltaic array over approximately 5 acres of a 33.26 acre parcel located across Great Pond Road from the
29 Brooks School. The property is located in the Residential 2 (R-2)Zone.
30 R. Oldham: The Planning Board voted to allow the'Town Planner to administratively approve a Land Disturbance
31 Perrrrit at this location in 2413 for the installation of a solar array,,a gravel access road and a staging area, concrete
32 pad-mounted power inverter stations, above ground electrical conduit,four utility poles, overhead power lines and
33 a chain link fence. Approx. 118,440 SF of wooded area was to be cleared for installation of the solar array. This
34 permit has expired.The Applicant also received an Order of Conditions from the Conservation Commission in
35 2413 which has since been extended. Since the plans have not changed,they came before the Planning Board
36 April 18,2017. with the project as a discussion item for the approval of a Land.Disturbance Permit similar to the
37 2413 process. The Board requested the application go through the full process noticing all abutters, and those
38 located in.Boxford. The Town Stormwater Review consultant is finalizing their comments and should have
39 comments by next week. The Fire Department is concerned about the truck turning radius and access to the site
40 from the north side of Great Pond Road.
41 A.Preston: Is there a zoning issue as an approved use in an RZ area?
42 R. Oldham: The Building Commissioner,Donald Belanger provided a brief email stating that it is an allowed use
43 in that area.
44 J. Simons: l would like for him to explain his reasoning behind that; it may be an allowed use but in any size,
45 shape or form?
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Town of'North Andover
PLANNING BOARD
John Simons, Chairman
.,Peter Boynton611.
.AEitczzz Goldberg
aron Pre ton
Jennifer LugChristine Allen,Associate
Tzzesdtz Au zest 15, 2017(&, 7.m. 120Main Street Taira Hall North AndoverILIA 01845
46 Ben Axelman NEXAMP: The logic behind that determination is due to Chapter 40A, Sec 3 M.G.L. stating that
47 towns cannot prohibit or unreasonably regulate solar; particularly, if the town doesn't have any regulations
48 limiting use to one specific area. Given there is a state prohibition on prohibiting solar, it is an allowed use. This
49 will be a separately metered solar array;we will be selling electricity credits at a discount to the Brooks School
50 through net metering. We are also providing educational benefits, i.e. giving Brooks tools to utilize this project as
51 part of their science curriculum,they will have access to the project data,tours will be given on campus to the
52 solar array, etc.NEXAMP will own the project.
53 Ran Clay, Project Mgr., Sanborn Head&Associates Inc.: Displayed photos of the site and described the design
54 and layout of the project noting wetlands adjusted outside the 1.00 foot buffer. Clearing will occur along the north
55 edge and the east side of the project;there will be no clearing along Great Pond Rd,
56 P. Boynton: On the eastern edge how many feet back into the wooded area are you cutting?
57 R. Clay: 80 to 100 fect.
58 B. Axelman: We are proposing to build this project at grade; we are not grading the hill.
59 R. Clay. When we strip the surface we will stockpile the soil and replace it; we will also plant a.low growing seed
60 mix of native grass.
61 E. Goldberg: What size are the arrays?
62 B. Axelman: The panels range from 3 to 9 feet off the ground. They are south facing,fixed 2.5-30 degree tilt panels
63 on a galvanized steel rack. Based on national electric code requirements,there will be a 7 foot fence around the
64 perimeter of the project. Brooks has asked us to build a wood and wire fence to add a rural vernacular feel to the
65 project. The panels will naturally slough off snow; removal only becomes an issue in heavy winters;we can plow
66 the site and remove the snow.
67 P. Bo, n} ton: Is there any plan for an energy storage component to this project?
68 B. Axelman: At this point, it is not proposed, Brooks School could add that; we have not discussed it. This project
69 represents approx. 30% of Brooks School total energy use. There will be approximately 3,500 panels.
70 J. Simons: Given the project is on the side of the hill, what will you do to control runoff?
71 R. Clan: The stormwater is meant to mimic the existing condition.The road sheets east and west and the
72 stormwater is attenuated by dense vegetated swales designed with a low pitch to allow for infiltration; that
73 stormwater comes to a level spreader.We show the extent of the water protection district and the 325 ft. offsets on
74 our plans. We can't discharge stormwater inside 325 ft. of a Zone A boundary. We show two; one that is tributary
75 and carried to fake Cochichewick;the other is tributary to a wetland that is not tributary to Lake Cochichewick.
76 Frederick Glore Abutter,285 Washington St, W Boxford MA; Why isn't an articulating panel tracking system
77 being considered; fixed panels seem inefficient?
78 B.Axelman: We have considered tracking systems; fixed access panels require less space allowing for more
79 panels, and trackers typically result in a higher overall cost of energy. This design is most cost effective.
80 (A site walk was scheduled for August 19,2017 @ 9 a.m.;the fence location, corners of the solar field and
81 watershed boundaries are to be staked.)
82 [Continued to the September 5, 2017 Planning Board meeting]
83
84 NEW PUBLIC HEARING: 500 Great Pond Road,North Andover Countil Club Jeff Isbell and John
85 Morin: Application for a Watershed Special Permit under Sections 4.1.36, 10.3 and 10.31 of the North Andover
86 Zoning Bylaw. The Applicant proposes construction of a patio/fi c pit area with associated landscaping in the
87 Non-Discharge Zone and Non-Disturbance Zone. The project is located within the Residential I (R-1)Zoning
88 District. (J. Luz recused herselffrom the Public Hearing)
89 R. Oldham: The Inspector of Buildings deemed the proposed patio a permanent structure(elevated 30")therefore
90 requiring a variance from the Zoning Board of Appeals within the Non-Disturbance Zone; a variance has been
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Town of North Andover
PLANNING BOARD
John S'inians, Chairman
Peter Baynton �' �!�' i Eitan Goldberg
� � �
,;i;%a� ' Arran Preston
Jennifer Luz Christine Allen,Associate
i
dImn Hall, North Andover, MA 01845
, 091 granted. The at o/fie pit be constructed in a manner
that promotes infiltration and runoff.The stone
92 aggregate below the patio area will provide for the storage/infiltration of stormwater runoff, providing mitigation
93 for the increase in impervious coverage. The Stormwater Consultant has stated the Applicant has addressed all of
94 their concerns. However, the Fire Department raised concerns about an emergency gas shut off located at the
95 building and egress from the area in the event of emergency.
96 John Morin The Morin Cameron Grou Ine.: The patio is the 250 ft.Non Disturbance zone,we show the
97 setbacks on the plan. The patio is 850 sq. ft. with a 30"retaining wall.The fill we had to bring in made it a
98 structure, requiring the variance. Functionally, it wasn't realistic to move the patio outside the 250 No.Disturb
99 zone. The patio is not pervious but the pavers in between are. Based on the soils on site, we require 25 cubic ft. of
100 volume storage; we are providing 283 cubic ft.,more storage than required. We provided an Operations&
101 Maintenance Plan on the actual site plan.No landscaping is being removed,we are enhancing plantings.As j
1.02 requested by the Fire Department,the emergency shut off is provided on the building where the services are
103 located and the retaining wall will not impede traffic in case of an emergency.
104 [Continued to the Septeinber 5, 2017 Planning Bo and meeting
105 I
106 NEW PUBLIC HEARING. 25 Orchard Hill Road Gracepoint Community Church Bob Lavoie:
107 Application for a Special Permits—Corridor Development District, Site Plan Review and Parking Reduction,
108 under sections 8.1, 8.3, 10.3, 10.31 .and 16 of the North Andover Zoning Bylaw. The Applicant proposes to
109 convert the interior of the existing gymnasium building into a conventional church facility for worship, assembly
110 and office use. Principal exterior change consists of addition of new main entrance on the easterly side of the
111 building to include an accessible entrance. This project is located within the CCD3 Zoning District.
112 R. Oldham: The existing screening and landscaping plan proposed in the original permit approved in 1997 and
113 2000 will remain in place and be refreshed.However,this is not a modification to the original permit. The only
1.1.4 exterior work is the addition of the side entrance to make the building accessible. The proposed site has 32 parking
115 spaces where 108 spaces would be required. The Applicant is seeking a 25% reduction in parking. The Applicant
11.6 is also seeking Satellite Parking in order to provide additional parking for those events that attract more vehicles.
117 Pursuant to a Letter of Intent issued by AAA on August 2017,the site located at 4.9 Orchard Hill Road has granted 3
118 Gracepoint the use of 50 parking spaces. The parking relief proposed will provide the Applicant with a total of 82 '
119 total parking spaces for use at the site.
120 Robert Lavoie Attorne y : This is an adaptive reuse project; there are no external changes except for a new entrance
121 on the easterly side. The church has been active since 2014 at 505 Sutton Street;and they are seeking a permanent
122 home. Church uses are allowed due to the Dover Amendment in any zone.As new owners,the church is
123 committed to sprucing up the property. This is a Site Plan Review to address parking; we seek relief from parking
124 requirements by utilizing satellite parking and a seeking a 25%waiver under Section 8 of the zoning bylaw,which
125 allows up to 35 %, The Church currently has 100 congregants;they typically accommodate 50-55 cars; 82 spaces j
126 is desirable. They predict to grow to 150-180 congregants.
127 E. Goldberg: What would the church do for a large scale event and you needed more than 82 spaces?Do you have
128 any plans for a religious school?
129 Gracepoint Church,Pastor:We would schedule two services, i.e, over 180 people at Easter or Christmas,with a
130 time gap of a halfhour/hour where cars could switch out. We have no plans as yet for a religious school. Our
131 largest group to date would perhaps total 150 persons.
132 C.Allen; If your use changes you may require more parking.
133 J. Simons: We can condition that, if the intensity of use changes,they'll have to come back to the Board.
134 R. Oldham: All department comments have been received and there are no concerns. We will draft a decision for {
135 the next meeting.
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Town of North Andover
PLANNING BOAR
Jahn Simons, Chairman
Peter Boynton
Eitarz Goldberg
r/ Aaron Preston
Jennifer Luz Christine Allen,Associate
Tuesday Au ust I5. 20I 7 .m. 120 Main Street Towyn Hall North Andover,1,IM 01845
136 [Contin tied to the September.5, 2017 Planning;Board meeting]
137
1.38 (Remote participant J. Luz lost connectivity momentarily(battery failure) el} 8:30 p.m. and reconnected online at
139 8:35 p.m.)
140
141 DISCUSSION:
142 Phillips Common Open Space: MassDOT Roadway Project, CLD Consulting Engineers:
143 R. Oldham: The Planning Board approved a Definitive Subdivision and Planned Residential Development for
144 Phillips Common in 1991. As part of the approved plan there is a 50 foot buffer zone from the parcel boundary
145 running the full length of the perimeter of the parcel.The Buffer Zone was established to remain in its natural
146 state. MassDOT is now proposing improvements to the intersection of Mass. Ave and Chickering Rd. Part of the
147 project impacts a portion of the Open Space area identified for Phillips Common;these occur along the east side of
148 Chickcring Rd. and consist of clearing and grading in order to widen the roadway,provide a sidewalk and install a
149 roadside ditch. There is also a small amount of clearing on the northeast corner of the intersection to provide
150 appropriate sight distance for vehicles making a right turn from Chickering Road onto Mass.Ave. The engineer is
151 here this evening to discuss the project and clearing in the Open Space. The Open Space deed was accepted in
152 1994 however there is no deed. The land is not owned by the town or the state.
153 Kristen Hayden,PE CLD Consulting Engineers,,,Inc.: This intersection is the top 20 locations in the area for
154 accidents; a road safety audit was conducted in 2009. The state wants to improve the safety and capacity. Proposed
155 improvements to the intersection include adding a left turn lane on Massachusetts Ave. east bound; westbound
156 adding a left turn lane, on Chickering Rd. northbound we are adding a slip ramp for larger vehicle accommodation
157 and on Chickering Rd. southbound we are adding a left turn lane with a wider slip ramp. On the northeast corner
158 we are adding sidewalks to the right side of Chickering Rd. We are adding 5 ft. wide bike lanes and sidewalks to
159 Massachusetts Avenue.The trees that significantly overhang 125 on the cast side will be curt back. The clearing
160 extends 16 ft. into the property line. A significant amount of trees will remain... We wondered if we needed to make
161 a full application. The clearing is permanent;the existing drainage ditch will be reconfigured. 45 trees are being
162 removed.
163 E. Goldber : How can we give permission if we don't know that we own the property?
164 R. Oldham: Technically, we are just seeking input related to the approved Subdivision/PRD Open Space condition
165 from the Board.
166 J. Simons: If this were owned by the Homeowner's Association, would you still take the same approach?Why do
167 you need to cut so many trees down?You need fiull transparency to inform the homeowners.
168 K. Hayden: There is a proposed easement for the work on the private property. The state would need to acquire
169 that permanent easement. To grade that existing drainage ditch we would be pushing it out to realign the
170 intersection. We would need to recreate the ditch and construct the sidewalk. We had a public bearing last October
171 notifying the homeowners; there was no concern with this area at the time.
172 E. Goldberg: it is a dangerous intersection and needs to be fixed; it needs to be confirmed who owns this property
173 whether it's the town,MADOT or the Subdivision. If you are giving permission you need to recognize the owner
174 for the permit.
175 R.Oldham: We will continue working with Town Counsel to resolve ownership issues and once resolved ask the
176 Applicant to apply for a.Modification to the original Definitive Subdivision and PRD so that homeowners and
177 abutters are notified.
178
179 1600 Osgood Street/MMOD Discussion Hooks Johnston
4
Town of North Andover
PLANNING BOARD
John Simons, Chairman •'`
Peter Boynton � � � ��', Eitan. Goldhei
°„'G� t r r Aaron Preston
Jennifer Litz Christine Allen,Associate
T'uesda Au ust 15 .2017 ), 7 .m. 1.20 Main ,Street Town.hall North Andover K4 01845
180 J Simons: We are going to follow and manage this process as it is suited to our due diligence; we are not beholden
181 to any schedule or calendar you put in front of us. We will manage the drafting of the bylaw so that it is a town j
182 sponsored article for Town Meeting.
183 Hooks Johnston &Dan Leary: Reviewed the agenda for the project,their vision to be a world leader in research &
184 development with a cultivation component,the professional management team comprised of various consultants,
1.85 Board of Advisors and their related experience.
186 H. Johnston: We are not using any town water;we are using treated water from two wells on site that contain lK
187 gallons per day capability.We are capturing our own rainwater on site amounting to 6,000 gallons per day. The 1
188 requirement for the build-out is 55 gallons per day,we are using 6% of the capacity of the on-site water capability.
189 D_ , Lgary: We have opened and tested the two existing wells to make sure the water quality is exactly what we
190 need, they are in use today. We propose to run a flow test to recertify them for these numbers. We are not using
191 either Town treated water or untreated water from the Lake.
192 H. Johnston: All internal air will be recirculated and filtered. Our architect will determine the size of control.
193 rooms.All waste is regulated and will be taken off site in sealed containers. Security will follow all the rules to
194 create a safe site.
195 P. Boynton: What is included in the proposed multimillion dollar worth of facility improvements?
196 D. Learn: Prepping the building to be a large clean room; grow room module(s)within the building,mechanical
197 systems-chilled water systems, lighting systems and equipment will carry the largest costs.
198 H. Johnston: Our architect is evaluating the physical building, a landscape architect is examining the exterior. The
199 existing building is tired; it needs to look like a world class innovation center and we are addressing that.
200 E. Goldberg: Identify which licenses and how many are you seeking with the state; cultivation, product
201 manufacturing and laboratory licenses?
202 D. Leary: We see the opportunity with the innovation center and the RMD license.
203 J. Luz: Is the idea that this facility will take over the entire Osgood building displacing the existing tenants?
204 D.Leary: Ultimately,yes, once we start to use this main facility for cultivation and other related operations the
205 idea is the other businesses can be moved to other locations on the site as needed.
206 E. Goldberg: It is important to keep mentioning the medical aspects and financial tax benefits,however,we are �
207 here to write a zoning bylaw about land use.
208 I1. Johnston: Our biggest obstacle is how we obtain an approved Special Kermit in two to three months?
209 J. Simons. We are,going through a process to craft a bylaw and take it to a town meeting; after that you have the
210 right to apply for a permit.
211 H. Johnston: Our goal is to be operational quickly;we are working toward a November 2017 Town Meeting and
212 obtaining Special Permit within two months of that. We have three companies seriously interested in joining our
213 operation.
214 E. Goldberg: We are developing a bylaw for the town, not,just this site. Fundamentally,I have difficulty realizing
215 we can get there in that time frame. We have to consider retail even if you don't intend to entertain that; our goal is
216 to develop a comprehensive marijuana bylaw.
217 D. Learv: The owners are getting out ahead of the opportunity on this project. We set a target date for Town
218 Meeting in mid-November. We are trying to get in front of our plan to keep the process moving, parallel to the
219 development of the language in the bylaw that will support what we are trying to accomplish. We anticipate our
220 Phase I Special Permit to be the fit up of 250K sq, ft, of cultivation space under the current medical law. We
221 selected our architect who has built numerous facilities. We've attracted several specialists. This could be noticed
222 after Town Meeting. We would like to start a peer review well in advance and we would like the opportunity to do
223 a TRO to address local building codes, etc. to make everyone comfortable going into Town Meeting.
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Town of North Andover
PLANNING BOARD
John Simons, Chairman
Peter Boynton � � �j1„�', Eitrarr Goldberg
/ � Aaron Preston
Jennifer Lanz Christine Allen,Associate
Tuesda Aar asst 15, 2017(&, 7 .m. 1.20 Main street Town Hall North,Andover MA 011445
224 J. Simons: The fact that we are having this discussion now, communicates that we are listening. Advance
22.5 preparation to shorten our review process is advisable. Bylaw aside, the dile diligence process for an accelerated
226 Town Meeting is cumbersome.
227 [Continued to the September 5, 2017 Planning Board ineeting]
228
229 701/695 Salem Street: J& M Realty,James Xenakis
230 [Discussion postponed to September.5, 2017 Planning Board rr eeting]
231
232 Master Plan Update
233 J. Fnr.i lg_�t: From 7/31/17 - 8/8/17 the consultant team conducted core assessment meetings. This information,
234 along with existing town documents will be assessed and used to produce and.Existing Conditions report. This
235 Existing Conditions report is the first deliverable and it will be presented to the Master Plan Advisory Committee
236 on September 21.The first Public Meeting is scheduled for November 2nd at the high school cafeteria fi-om 7-9
237 p.m. The Committee is working on a communication strategy that will include press releases, pocket meetings,
238 attendance at Board/Commission meetings, etc. Between. September 22 and November 2 they will work
239 aggressively to get the message out about the Public Hearing.
240 The Re Tonal Housing plan: An online housing survey has been posted on the Town website, School Department
241 website,Twitter, and Facebook. In a week and a half there are 280 responses. The survey has been made
242 available in hard copy at the Senior Center and their responses will be data entered into the system. The results of
243 the surrey will be forwarded to both RCK Associates and Merrimack Valley Planning Commission.
244
245 MGL. C. 61A Section Notice of Intent to Sell: 0 Salem Street and 0 Rear Salem Street, James Hart&:
246 Jennifer Collins.
247 J. Enright, Planning Director & S.Egan, Town Counsel: We have received confirmation from the attorneys that
248 the buyers intend to keep the property in 61A and use the property for agricultural use.
249
250 MINUTES APPROVAL
251 MOTION: P. Boynton made a motion to approve the July 25, 2017 minutes, A.Preston seconded the motion,
252 Roll Call Vote: P, Boynton voted to approve. A. Preston voted to approve,E. Goldberg voted to approve,J. Luz
253 voted to approve(remote participant), and J. Simons voted to approve. The vote was 5-0, unanimous in favor.
254
255 ADJOURNMENT
2:56 MOTION: P.Baynton made a motion to adjourn the meeting. The motion was seconded by A. Preston.
257 Roll Call Vote: P. Boynton voted in favor,A. Preston voted in favor, E. Goldberg voted in favor,J, Luz voted In
258 favor(remote participant) and J. Simons voted in favor of adjournment. The vote was 5-0, unanimous in favor.
259 Meeting adjourned @ 10:00 p.m.
260
261 MEETING MA'I TRIALS:Planning Board Meeting Agenda August 15,2017;DRAFT Planning Board Minutest July 25,2017„CONTINUED Public
262 Hearing:_1975 Salem Street(aka 0 Salem Street)Phil Christiansen:Site Plans,LOCUS,Peer Review#4_170801,Response Comments_]70724,Time
2.63 Stamped Continuance_20170725;NEW Public Hearing:0 Great Pond Road and 1193 Great Pond Road,North Andover,Solar,LLC:2013 Response
264 Comments,2013 Review Comments#L 20170731 Brooks Solar Visual Study—Interactive PDF,20170807 Response to Fire Dept Comments,20170807
265 Response to TEC Comments,Site Plans—Revised 201708,LOCUS;NEW Public Hearing:500 Great Fond Road.North Andover Country Club,Jeff Isbell
266 and John...Morin: 170501 Fire Pit Plans PLAN VIEW,LOCUS,Peer Reviely#3,Site Plan_1.70803;NEW Public Hearing:25 Orchard Hill Road,Gracepoint
267 Community Church,Bob Lavoie: 1997 25 Orchard Hill Existing Elevations,1998 As-Built,Landscape Plan 170717,LOCUS,Site Plan;Phillips Common
268 Open Space:1111 Site Plan,1191 Subdivision Decision,Aerial Photo MassDOT,Locus Map MassDOT,LOCUS,Phillips Common PRD Decision,PRD
269 Zoning,Project Narrative_MassDOT,Tree Clearing Rendering_MassDOT;1600 Osgood Street/MMOD Discussion Hooks Johnston:1600 Osgood
270 Discussion 081517,Development Team Biographies,Master Deck Rev I'PB Agenda 081517,MGL.C 61A Section Notice of Intent to Sell 0 Salem Street
271 and 0 Rear Salem Street,James Mart&Jennifer Collins:0 Salem Street and Rear of 0 Salem Street,LOCUS.
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