HomeMy WebLinkAboutMiscellaneous - 93 BRADFORD STREET 4/30/2018 (3)X01
NOV 0 2 2012
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
TRANSACTION HISTORY OF 7400 SQ. FT. LOT ON
BRADFORD STREET IN NORTH ANDOVER (ALL
EVENTS OCCURRING IN 2005)
JANUARY 28.2005: NOTARIZED QUITCLAIM DEED SIGNED BY TWO FLORIDA
RESIDENTS TRANSFERRING OWNERSHIP TO STEPHEN J SARCIA OF 19 ABBOTT RUN
VALLEY, CUMBERLAND, RI 02854. PRICE IS $125,000 AND DEED IS BK 9332 PG 117 AT
LAWRENCE REGISTRY
FEBRUARY 3.2005: MORTGAGE DEED FILED, IN �
INCHANGE FOR A MORTGAGE FOR
$325,000 FROM INVESTORS REALTY TRUST TO QTEPHEN J. SARCIA. DOCUMENT IS
BOOK 9332 PAGE 123 AT LAVICE REGISTRY
FEBRUARY 4.2005: BUILDING COMMISSIONER SIGNS A LETTER SAYING "Parcel is a
buildable lot"
APRIL 4.2005: LETTER TO TOWN COUNSEL URBELIS FROM THE COMMUNITY
DEVELOPMENT DIRECTOR ASKING FOR MORE RESEARCH ON WHAT HAD
TRANSPIRED -LEADING ULTIMATELY TO URBELIS' LETTER OF AUGUST 24
CONCLUDING "THAT THE LOT IS NOT A `GRANDFATHERED' LOT". THE COMMUNITY
DEVELOPMENT DIRECTOR'S LETTER CONTAINS TWO SENTENCES WHICH DO NOT
REFLECT THE HASTY ACTIONS SHOWN ABOVE. PARAGRAPH 4 BEGINS "On February d,
2005 Mr,. Nicettl issued a letter to Mr. Steven Sareia [who will subsequently purchase the property] -
:" FURTHER ON THE COMMENT IS MADE "After Mr. Sarcia received the letter from Mr.
Nieetta, it is my understanding he purchased the lot= . Actually, Mr. Sarcia's purchase of the lot
occurred before the issuance of Mr. Nicetta's February 4, 2005 leiter.
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Public Notices
Home Tuesday, October 30, 2012
93 BRADFORD STREET LEGAL NOTICE NOTICE OF MORT
93 BRADFORD STREET
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LEGAL NOTICE
NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Stephen J. Sarcia to Merope DeLuca, Trustee
of Investors Realy Trust, dated February 2, 2005 and recorded with the Northern Essex Registry of Deeds, Book 9332, Page 123, of
which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing
the same will be sold at Public Auction at 10:00 A.M. on the 7th day of November, A.D. 2012, on the premises being known as 93
Bradford Street, North Andover, Massachusetts, all and singular the premises described in said mortgage,
To wit:
A certain parcel of land, situated in situated in North Andover, Essex County, Massachusetts, and described as follows:
Beginning at a stone bound on the westerly side of Bradford Street in said North Andover, about opposite the residence of the late
Nathaniel Gage; thence running southerly one hundred (100) feet to the land formerly of the said Nathaniel Gage; thence turning at an
agle of ninety (90A°) degrees forty-three (43") minutes and running south sixty-five (65A°) degrees W, one hundred forty-eight (148)
feet to a stone bound; and thence turning at an angle of thrity-three (33A10) degrees and forty-seven (47") minutes and running north
thirty-one (31A°) degrees E, one hundred seventy-nine and 5/10 (179.5) feet to the point first mentioned.
Said parcel of land contains 7,400 square feet, more or less.
Being the same premises conveyed to Stephen J. Sarcia by deed of James Kadishian and Cheryl Ann DeJean recorded with Northern
Essex Registry of Deeds in Book 9332, Page 117.
The premises will be sold subject to and with the benefit of all rights, restrictions, easements, improvements, covenants, outstanding
tax titles, municipal or other public taxes, assessments, betterments, liens or claims in the nature of liens and existing encumbrances of
record created prior to the mortgage or entitled to precedence over the mortgage, if any there be, insofar as the same are still in force
and applicable to the premises. _
In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the
terms of this Notice of Sale. and/or the terms of the Purchase and Sale Agreement executed at the time of the foreclosure, the
Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder provided that the second highest
bidder shall deposit with Mortgagee's attorneys, Law Offices of James Wingfield, the amount of the required deposit as set forth herein
within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to said second
highest bidder within thirty (30) days of said written notice.
TERMS OF SALE: FIVE THOUSAND and No/100 ($5,000.00) DOLLARS cash, bank draft or other form acceptable to the said mortgagee,
to be paid at the time and place of sale; high bidder to sign mortgagee's usual purchase and sale agreement upon acceptance of bid;
balance of the purchase price to be paid in cash or current funds within thirty (30) days from the date of sale at the offices of Law
Offices of James Wingfield, 316 Main Street, Suite 600, Worcester, Massachusetts 01608, attorney for mortgagee.
Other terms, if any, to be announced at the time and place of the sale.
WPB Partners, LLC
Present Holder of Said Mortgage
By Its Attorney:
James A. Wingfield, Esq.
Law Offices of James Wingfield
316 Main Street, Suite 600
Worcester, Massachusetts 01608
Tel#: 508-797-0200
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From: The undersigned. All abutters of "0 Bradford Street".
To: Board of Selectmen
Mark. Rees, Town Manager
Ray Santilli, Assistant Town Manager
Tom Urbelis. Town Counsel
Michael McGuire, Building Inspector
Lincoln Daley, Town Planner
We axe -jointly submitting the attached documents, because we feet that the town's zoning
process has not been properly followed or enforced. We believe the lot is not "buildable"
as documented in the package of material attached. We request that the lot be
designated as "not buildable" in accordance with the town's zoning laws.
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DEC 1 3 2005
BOARD OF APPF-ALS
Town of Noah Andover
Town Qerk Time Stamp
Community Development and Services Division
r: Office of the Zoning Board of Appeals�, RECEIVED
400 Osgood Street TOWN CLE -M'S OFFICE
North Andover, Massachusetts 01845
Gerald A. Brown
Inspector of Buildings
Any appeal shall be filed within
(20) days after the date of filing
of this notice in the office of the
Town Clerk, pet Mass. Gen. L. ch.
Telephone (978) 688-9541
Fax (978) 688-9542
Notice of Decision
Year 2005
MUD NUY Z I PH 4'- 25
TO O
NORTH
MAssAC)HI U%Ss EUT5
40A, §17 Property at: 93 (or 0) Bradford Street (Map 61, Parcel 2),
NAME: Stephen J Sarcia, 215 EllisRoad, North HEARING(S): November 8, 2005
Attleboro, MA 02760
ADDRESS: for premises at: 93 (or 0) Bradford PETITION: 2005-032
Street Map 61, Parcel 2),
North Andover, MA 01845 TYPING DATE: November 18, 2005
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, November 8,
2005 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts
upon the application of Stephen d Sarcia, 215 Ellis Road, North Attleboro, MA 02760, for premises at: 93
(or 0) Bradford Street (Map 61, Parcel 2), North Andover requesting a Finding by the Zoning Board of
Appeals that the parcel is a buildable lot pursuant to Section 7, Paragraph 7.8 of the Zoning Bylaw, and a
dimensional Variance from Section 7, Paragraphs 7.1, 7.1.2, 7.2, 7.3, and Table 2 of the Zoning Bylaw for
relief of lot area, lot width, sheet frontage, and front, side, and rear setbacks m order to construct a single
family dwelling. Said premises affected is property with frontage on the Northwest side of Bradford
Street within the R-2 zoning distri t Legal notices were sent to all names on the abutter's list and were
Published in the Eagle-Tnbune on October 24 & 31, 2005.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J Byers,
Albert P. Manzi, III, and David R. Webster.
The following non voting members were present: Thomas D. Ippolito, Richard M Vaillanconit, and
Daniel S. Braese.
Upon a motion by Richard J. Byers and 2nd by Albert P. Manzi, III, the Board voted to uphold the Building
Inspector's letter of September 12, 2005 and DENY the Finding of the party aggrieved. The Board finds
that Section 7, Paragraph 7.8 does not apply to this parcel because the Bradford Street parcel, Map 61, Lot
2 was not a vacant lot The Board finds that the Board of Assessors' propertyrecord card for Bradford
Street, Ass'rs Plan No. 61, Ass'rs Lot No. 2, Total Area 7400, notes "ramp" or "main house" and garage
"burned 11/2/69". The Board finds that the structures were not rebuilt by November 2, 1971 therefore the
non -conforming use and non -conforming buildings were abandoned per Section 9, 9.5 of the Zoning Bylaw
and Mass. Gen. L. 40A, §6, 13. Voting against the Finding appeal: Ellen P. McIntyre, Joseph D. LaGrasse,
Richard J. Byers, Albert P. Manzi, III, and David R. Webster.
Upon a motion by David R. Webster and 2' by Albert P. Manzi, R the Board voted to continue the Public
Hearing for the Variance. Voting m favor. Ellen P. McIntyre, Joseph D. LaGrasse,_ Richard J. Byers,
Albert P. Manzi., III, and David R. Webster.
Town of North Andover
Board of Appeals,
Ellen P. Mchayri, Chair_ 1 T
Decision2005-032.
M61P2
Town of North Andover T►cTmestmp
Office of the Zoning Board of Appeals
• Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01895
Gerald A Brown Telephone (978) 688-9541 N
Inspector of Buildings Fax (978) 688-9542 o
Co..
Any appshall be filed Within -
Native ofDecision � ��n c�
y �
(20) days after the date of filing Year 200:1
Of thisnotice in the office of the
Town Clerl� per Mass. Gen. L. ch.?- -. -i
40A, §17 Pro ai: 93 (or 0) Bradford Street 61, Parcel 2), %0 rn
NAME: Stephen J Sarnia, 215 Ellis Road, North BEAW NG(S): Novunber 8 &December
Attlebomq MA 02760
13 2005..
ADDRESS: 93 (or 0) Bradford Street (Map 61; PEITTIONc 2005-032
Parcell),
Namth Andover, MA 01845 TYPING DATE: _December 27, 2005
The North Andover Board of Appeals held a public hearing at its regular meeting on,, December 13, 2005 at 7:30
PM in the Town. Han tap floor meeting room,120 Main Street, North�.Andover, Massachusetts � the application of
Stephen J Sarcia; 215 Ellis Road, North Attleboro, MA 02760, for p at 93 (or 0) Bradford Street (Map 61,
Parcel 2), North Andover. The heating began during the November 8, 2005 meeting by reading the legal notice requesting
a Finding by the Zomig Board of Appeals that the parcel is a buildable lot
pursuant to Section 7, Paragraph 7.8 of the
Zoning Bylaw. The Board voted to dem the application for the Fiiidiagon November 8, 2005 and began the hearing for
the Variance: The Board voted to continue the Variance application to the December 13, 2005 meeting on the dimensional
Variance from Section 7, Paragraphs 7:1, 7.1.2, 72, 7.3, and. Table 2 of the
Zoning Bylaw for relief of lar area, :lot width,.
street frontage, and front; side, and rear setbacks in order to cmm�nct a ` P �, . .
single Ia�gdwelhng. Said
Property with f mage on the Northwest side ofBradford Street within the R-2
dishxt Legal notices were sent to .
all names on the abutter's lists deemed by the Assessor's Off res of Ninth Andover and Boxford to be
published in the Eagle-Tnbune; a newspaper of and were
general circ3ilahon in the Yawns of North Andover Bbxl'ord, on.:
October 24 dt 31, 2005: -The knowin -
g voting meroaers �'e Pmt the.Na�vember 8 and December 13, 2005
hearings.: Ellen P. McIntyre, .Joseph 1), LaGrasse, Richard J Manzi, .� and David R Webster, as were
the following non-voting members: Thomas D. �'�' Albert P.
. Ippolito, Richard M Vaillancourt; and Daniel S. Braese. .
Richard J Byers :made the martian to _ .
from the R 2 8� dnmensional. Variance from. Section 7, Paragraph 7.1 for relief of 36,160 sq. ft.
requirement of 43;560 sq.: $ of area, Paragraph ?.1.2 f+or aehief o f 10.'.-from the required 100°for lot:width, .
Paragraph
1.2 for relief of 50' from the R 2 r 150° of street , and
ft�ont setback, for relief of 18' for the lett side
Paragraph 7.3 far r�eWof 5 for the
and relief of 17' for the right side setback frons the R 2 requirements
of 30' setbacks from side, and rear lot lines, and Table 2 of the .
Zoning Bylaw in order to
• conslrnct a sin e
dig- Albert P..Mamd, IIs; seconded the motion. Voting. in favor. Albert P. Manzi; III. Voting for denial: Ellen P.
McIntyre. Joseph D. LaGnasse, Richard 1: Byers, and David R Webster. Tie Board finds that the 7,400 sq. $ lot is less
than U5 the Residential 2 r�egrrired lot area The Board funds that the abuts have opposition in letters;
Petitions, and poker testimony at both public
hearings. The Board. finds that the Variance petition did not achieve the
required four (4) granting votes, and the petition is DENIED.
Town of North Andover
Board of Appeals;
- i►
Ellen P. McIntyre, .Chair !�
Decision2005-032 Variance.
M61P2.
Board cfAppeab 978-,688-9541 $ufl ft 978.58&9545 CQw=v fk.978-68&9530 H=M97"M9540 Pkn kg 978-688-9535
URNUM $ F1Q.DSTEEI, LLP
155 FAL STREET.
BMUN, MASSAC USEM 02110-1727
TPAWAS7_ URBEu5
e-mail ljjjPufaaw.cum
Raymond T. Santilli
Assistant Town Manager
120 Main Street
North Andover, MA 01845
RE: 0 BRADFORD STREET
Dear Ray.
Tekpbonc 617 338-2200
Tekcopiar 617-339-0122
August 24, 2005
E C E I V E
AUG 2 5 M
As you know, we have been asked for an opinion as to whedw we concur with the
determination by the Building Commissioner that the alone-refercoced lot, which is in an R-2
zoning district and contains 7,400 square feet, is a buildable- lot. The current minimum lot size in
that district is 43,560 square feet
On April. 26, 2005, we wrote to Heidi Griffin and cqxmsed the view, based upon the
infomaation and materials submitted by Ms. Griffin to us at that time, that- Sectim 7.8 of the
.North Andover Zoning By-law was applicable to this situation, and that the. Iot was a buildable
lot As we stated in. our iett+er of April 26, 2005, Section 7.8 applies to vacant lots which have
been held in separate ownership and provides that the residential lot areas and fi stage in Table
2 of the Bylaw do not apply to any lot dut was duty recorded by deed prior to January 9,1957,
provided that it has a minimum street frontage of 50 feet and a minimum lot area of 5,000 square
feet
Subsequent to that fine, we have received additional specifically, a copy of
an Assessors' record card which contained reference to stnict"es on the lot referred to as a
"camp" and a "guage ; with the notation that they had burred on November 2, 1969. We have
been unable to ascertain from the mbanation provided to us when these structures were built,
but thisopinion is based upon the assumption that -tire buildings were on the lot prior to 1942,
when- that
the first zoning bylaw was enacted. If assumption is incorrect, please' let us know.
With that mon, the fad that brae were buildings on this lot until 1969 requires that a
different analysis from that contained in the April 26 letter be made as to whether the lot is now
buildable
While the fourth' paragraph of G.L.. Chapter 40A, Section 6, and Section 7.8 of the Bylaw
apply to vacant non-con&rming lots, the reconstruction of a dwelling on a nonconforming lot is
P�
URBELIS & FmLDSTEEL, LLP
August 24, 2005
Page 2
governed by the first paragraph of G.L. Chapter 40A, Section 6,.and Sections 9.4 and 9.5 of the
Bylaw.
The f rst paragraph of G.L. Chapter 40A, Section 6 provides in relevant part, that:
Except as hereinafter provided, a zoning ordinance or by-law shall not
apply to structures or uses lawfully in existence. or lawfiilly begun, or to a
building or special permit issued before the first - publication of notice of the.
public hearing on such ordinance or.by-law required by section five, btu
WAY to any reconstruction, extension or structural change of such structure
begun after tate first notice of said public hearing to provide for its "use. for a
substantially different manner or to a substantially greater extent except where
alteration, reconstruction, extension or structural change to a single or two-family
residential structure does -not increase the nonconforming nature of said
structure.... (Emphasis supplied)
The reconstruction of a building after a fire or other catastrophe is also addressed by
Section 9.4 of the North Andover Zoning Bylaw, which provides:
9.4 Building after Catastrophe
Any nonconforming building: or structure destroyed or damaged by fire, flood,
lightning, earthquake or wind to the extent of sixty-five percent (6501a) or more of
its reproduction cost at the time of such .damage shall not be. rebuilt, repaired,
reconstructed nor altered except for a purpose permitted in that zoning district in
which such building is located, or except as may be permitted by a Special Permit
or otherwise by the Board of Appeals acting under Massachusetts General Laws
Chapter 40A.
Section 9.4 prohibits the reconstruction of a nonconforming structure and reflects the
desirability of eliminating nonconfonmities recognized in Chapter 40A and applicable cases,
which acknowledge `--the eventual elimination of nonconforming uses as an objective
underlying zoning regulations.'" Dial Away -Co. Inc. v. Zoning Board of Appeals of Auburn..41
Mass.. App. Ct: 165, 170 (1996). See also bD wling v. Board of Health of Clrilmarlc. 28 Mass.
App. Vit. 547, 551 (1990) and Sfirazzulla v. Building�Inspector of Wellesley 357 Mass. 694, 697
(1970).
Both G.L. Chapter, 40A, Section 6 and Section 9.5 of the North Andover Zoning By-law
address the issue of abandonment and are applicable to the present situation.
G.L. Chapter 40A, Section 6, Paragraph 4 provides:
/Po
1Q
URBELIS & FIELDSTEEL, LLP
August 24, 2005
Page 3
"A -zoning ordinance or by-law may define and regulate nonconforming
uses and structures abandoned or not used for a period of two years or more.
Section 9.5 of the North Andover Zoning By-law addresses the issue of abandonment as
follows:
9.5 Abandonment
' If any lawfully non -conforming building. or use of a building or ' land be at any
time discontinued for a period of two years or more ,... it shall thereafter continue
- - to conform....
In the present situation,the dwelling on this lot was apparently destroyed by fire in 1969.
Both Section 9.4 and Section 9.5 of the Bylaw prohibit the issuance of a building permit for a
building or use that does not conform to the provisions of the Bylaw without either a Special
Permit or variance from the Zoning Board of Appeals.
This determination is consistent with the holding of the -Massachusetts Appeals Court in
the case of Dial Away Co.. Inc. vs. Zoning Board of Appeals of Auburn, cited above, which
considered the question whether an undersized lot remained a buildable lot twenty-three years
after the demolition. of a nonconforming dwelling, The Appeals Court held. that under the local .
by-law, the: buildings .were "abandoned" at the time of their demolition and that;. therefore, they
lost their "grandfathered" states two years later. In -so holding; the -.Court held that "...it would be
anomalous indeed .to construe [the Auburn by-law] -to allow in perpetuity the rebuilding and
demolition of dwellings on the plaintifrs-undersized lot because of the happenstance that in 1944
a house was built that conformed to the then existing by --law." Dial. Away Co.. Inc., su at
170. Nothing in the recently decided case of Bransford v. Zoning .Board of Appeals of
Edgartown (August 12, 2005) would appear to alter this conclusion.
Therefore, our further analysis of the additional facts concerning -the existence and
demolition of a residence on this lot lead to the opinion that the lot is not a "grandfathered" lot
under the provisions of Section 7.8 of the Zoning By-law, and that a building permit may not
issue without action by the Board of Appeals.
TJU/kinp
cc:, Mark Rees
Michael McGuire
Very truly yours,
Thomas J lis
DANA F. PERKINS & ASSOC.. INC.
September 8, 1980
Ak. E. Witti.am Han6en
103 fkadiond St -ted
H.Andoveh, Ma6uehudetta 01845
Re.: Mary L. Kadi6hian Property
Dean. An. Hansen:
Thio cou" pondenee is to con6•inm the. 6o it te6ting perjoiimed at
the above. captioned &-rte on tact SaWday, Septembea 6, 1980.
The teats were conducted by Jobeph J. &anbagatto, Regi6texed
Sanitarian and were wi tnea a ed by Mn. Thomas Murphy representing
.the Hoath Andoveh goatd of Health a6 weft a6 the w :ter.
. The pencotation and deep teat pita were taken .in the pnopobed
area Boit sewage diepoaat as shown on a p zm by Joseph J. Utbaga.eto,
pkepaked jon "day Kali a hi an. It a houtd be noted that .the teat
tog on Mr. &vrbagutto'a ptana .6how6 te6.t6 as Sax back a6 1976
and as moat Accent as June 14, 1980. The pew-otation teat tocationa,
depth6, etc. were dug and personmed .in the pnopoaed.teaching.
6.ieP..d area .in aeeordance with T.ctte S and presoaked in accordance
to pnocedwcea o6 T.itte 5. The ne6uM. os the testa .indicated
that the pencota ti on nate on the jiut test hate, was running
wd t oven 48 a&wte6 peA inch. It appeared obvi ou6 to alt that
ti the pencotation .teat ou a hawed to continue it woutd reauP.t
-.in a &inat teat os much higheA than 48 minutea pen .inch. A
second peAeotation te6t- pkodueed a nate grecs e& -than 30 aLwitea
pelt .inch and once again it =6 obvcou6 to aLt that .the 6.inat
test -6 woatd be in exce64 o6 30 minutee per .inch.
It .c6 obvioua as a result o the testa noted above as weft a6
conceded at the a.ite by Mr. BarbageUo and Mr. Murphy that .the
aoiL condition6 in .the area pwpoaed 6or 4ubauriace 4e=ge di6pu4aF_
on Mr. &ahbage,t to'6 plana ante un+6critabte jor eub6!!gaee aeae
diApo6at in accoadance ukth the 5-LeguaLlAoni oj the w4iachmem
WENDFY Code- Mae T1.
civil • Environmental • Land Surveys
125 Main' Street. Box 546. Reading, Mass. 01867 — 944-3060-
.43 Lakeview Avenue. Box 1322, Lowelt, Mass. 01852 — 452-9871
(10 ... -
J
klittiam ffanaex -T- Septe o be)t 8,1980
It ahoutd atno be noted that Wund mtet, arab Sound at the bottom
os .the teat ho.tea app ioximatety at an elevation os 9 Beet below
existing guund. It appealta very Poaaibte that gnnund watex
coutd be cona.i denab.ty hiigheA (penhapa within 3 Beet m ou os
.teas, os the aunsace unde& a prying time eonditiona) . It would
be MY opinion that any ,int¢npu Cation -os gkound w tex kom peevcoub
teat3 Son thin 4ite cannot be done. The onty time Son entabti4hZn-g
9'cound woateA So -t thin Pant CUfalt Aite .ia dutiing the apning OS
the yeak'-
An a Aeautt of the teat& and- diaeuaa.iona- on .the 4ite, it wa,a
agreed that Ak. &vrbageUo would wuti to to the baUden -ab well
an to the North Andover. Hoard os flea &A coneeding that the teat
nmol to .indicate unau ituble do c t Son: a emge d(ApaaaQ. 7t woutd
be my iteeammendation, ,is at att poaaibte, that the Tom os North.
Andove�c goatd os fieaXth conn idea entftZng into the minute -6 os
the next thmeeting that 4.6 any additional tenting is p.tunned on
th io .tot .given the o apuny pa �
to poadt�} that the abuttoAa
1nttty to be awtarce os then_ Sact.
"' . Very #huty ygwta�
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