Town of Wilmington Annual Report 1933-1934, Part 10

Author: Wilmington (Mass.)
Publication date: 1933
Publisher: Town of Wilmington
Number of Pages: 290


USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1933-1934 > Part 10


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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BACK YARDS. Behind every dwelling there shall be provided a back yard between the rear line of the house and the rear lot line, not less than 30 feet in depth. A back yard may contain accessory buildings not over one and one half stories high, and covering not over 30 per cent of its area.


SIDE YARDS. At each side of every dwelling there shall be a side yard not less than 20 feet in clear width, between th eside of the house and the side lot line, except that in areas marked A, side yard not less than 20 feet in clear width, between the side of or less in width duly recorded by deed at the Registry of Deeds at the time this by-law is adopted, the minimum side yard require- ment shall be 10 feet. Side yards shall be at all points clear of buildings from the front to the rear line of the house.


HOTEL YARDS. A hotel located in a residential district shall have a front yard of not less than fifty feet in depth, a back yard of not less than one hundred feet in depth, and side yards equal in width to the height of the highest point of the main roof above the average level of the lot at the building.


YARDS FOR NON-RESIDENTIAL BUILDINGS. Any use, not residential or accessory, permitted in a residential district, shall observe all provisions of this by-law in regard to depth and width of yards as applied to dwellings.


GENERAL PROVISIONS


Section 13. ACCESSORY USES.


(a) Accessory uses shall be on the same lot, or lots, with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located or impair the neighborhood.


(b) Garage space for not more than two cars may be permitted as an accessory use in residence districts, provided that the board of appeals may permit space for additional cars under the pro- visions of Section 17.


(c) On farms, stables and places for keeping or raising animals and poultry shall be considered as accessory.


(d) The housing of employees in residential areas on the prop- erty of the owner shall be deemed an accessory use.


34


(e) Where manufacturing of any kind is permitted as an ac- cessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is cus- tomarily sold on the premises by the producer to the consumer.


(f) The use of a room or rooms in a dwelling as a professional office or studio or for customary home occupations by a person resident in the dwelling may be permitted as an accessory use. In such cases a professional sign of not over one square foot in area may be used, and there shall be no public display of goods.


Section 14. NON-CONFORMING USES.


(a) Any building, part of a building or premises which, at the time of the adoption of this by-law does not conform to this by- law or is being put to a non-conforming use may continue to be used for the same purpose. A building not conforming in lot coverage may be rebuilt to the same coverage.


(b) No non-conforming building or structure shall be altered except as ordered by the building inspector to make it safe, nor shall it be extended, nor shall it in any ten year period be repaired to an extent of more than fifty per cent of its assessed value at the time of the last application for a permit to repair.


(c) Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less re- stricted use.


Section 15. DISTRICT BOUNDARIES.


The district boundaries shall be as shown on the zoning plan, the scale of the map and the figures entered to serve as guides. Un- less otherwise indicated, zones shall be interpreted as one hundred feet deep. Where a zone boundary line divides a lot in a single or joint ownership at the time the district is established, a use authorized on the less restricted portion of such a lot may be extended into the more restricted portion, but in no case for more than 20 feet over the established zone line.


Section 16. LOCATION OF AUTOMOBILE SERVICES.


No portion of the front or side lines of a public garage, auto- mobile repair shop, greasing station, storage battery service sta- tion, or any of their appurtenances or accessory uses, shall here- after be placed within fifty feet of any residence district. No drive- way to such premises shall be in any part within 50 feet of any residence district. No such premises shall have any driveway entrance or exit for motor vehicle within 300 feet of the property used by any public or private school, public library, church, play- ground or institution for the aged, sick or dependent, or for chil- dren under 16 years of age.


35


Hereafter every filling structure and pump shall be located not less than 15 feet, inside the lot line and no filling shall be done except into cars standing on the property of the filling station.


Section 17. PERMITS BY BOARD OF APPEALS REQUIRED.


No permit for a boarding or lodging house, tea room or hotel in a residential district, or for a cemetery, hospital, sanitorium or philanthropic institution, or for the place of business of any black- smith, baker, builder, carpenter, contractor, dyer, mason, plumber, roofer, tinsmith, upholsterer, or for any mentioned use under heads 7-8-9 of Section 4 or for anything permitted only under Section 7A and 7B shall be issued by the building inspector except with the written approval of the Board of Appeals as provided in this sec- tion and subject to such conditions as the board may deem it proper to impose.


Any person desiring to obtain the permission of the Board of Appeals, for any purpose for which permission is required under this by-law, shall make written application therefor and the board shall hold a public hearing thereon after such notice as it may direct and render a decision. It may make rules for such hear- ings, and shall notify all holders of real estate which might be affected and shall at such hearings, hear such owners and others who may desire to be heard. No approval shall be granted by the board without considering the effect upon the neighborhood and the town. If a permit be issued with conditions, such as will protect the community, such conditions shall be specified in writ- ing on the permit. If granting a permit would result in substan- tial injury, it shall be refused.


In granting permits under this section for boarding and lodging houses, tea rooms, and hotels in residential districts, the board of appeals shall impose such conditions as are necessary and helpful in regards to signs, lights and parking areas for cars.


Section 18. CONFLICT OF LAWS.


In general this by-law is supplementary to other by-laws affect- ing the use of premises. Where this by-law imposes a greater restriction upon the use, height, area and location of buildings and structures or the use of premises than is imposed by other by-laws, the provisions of this by-law shall control.


Section 19. PLANS.


Applications for building permits shall be accompanied by a plan of the lot proposed to be built upon in duplicate, drawn to scale, showing the actual dimensions of the lot, and the exact location and size of the buildings already upon the lot, and of the building or structure to be erected, together with the streets and alleys on and adjacent to the lot. A record of such application and plans shall be kept on file in the office of the building inspector.


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Section 20. EXECUTION.


The by-law shall be administered by the building inspector. He shall approve no application of any kind, plans and specifica- tions and intended use for which are not in all respects in con- formity with this by-law. He shall issue no permit for anything covered by Section 17 until the applicant has secured the written permit of the Board of Appeals therein required.


Section 21. OCCUPANCY PERMIT.


No building or structure erected, altered or in any way changed as to construction or use under a permit or otherwise and no premises shall be occupied or used without an occupancy permit signed by the building inspector, which permit shall not be issued until the building structure or premises and its uses and acces- sory uses comply in all respects with this by-law. A temporary permit may be issued in appropriate cases.


Section 22. BOARD OF APPEALS.


The Board of Appeals herein mentioned shall be the Board of Appeals under the building law. There shall be appointed two associate members.


Section 23. APPEALS.


Any person aggrieved by a decision of the Board of Appeals, may appeal under the provisions of Sections 30 and 30A, Chapter 40 of the General Laws.


Section 24. Powers of the Board of Appeals.


1. The Board of Appeals shall have the following powers: To hear and decide appeals where it is alleged by the applicant for a permit that there is error in any order or decision made by an administrative official in the enforcement of Sections 25 to 30A inclusive, 'of the General Laws, or of any ordinance or by-law adopted thereunder.


2. To hear and decide requests for special permits upon which such board is required to pass under such ordinance or by-law.


3. To authorize upon appeal with respect to a particular parcel of land a variance from the terms of such ordinance or by-law where, owing to conditions especially affecting such parcel but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without substantially derogating from the in- tent or purpose of such ordinance or by-law, but not otherwise.


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Section 25. This by-law shall take effect as provided by law.


Given under our hands and seal of said Town this nineteenth day of June, A. D., One Thousand Nine Hundred and Thirty-four.


HAROLD E. MELZAR, JOSEPH F. NEE, FREDERICK J. MacQUAIDE, Selectmen of Wilmington.


Wilmington, June 22, 1934.


Middlesex SS:


This is to certify that I this day posted attested copies of this Warrant in accordance with the By-laws of the Town of Wilming- ton.


HARRY AINSWORTH,


Constable.


38


TOWN MEETING


Record of Proceedings at the Special Town Meeting Held July 6, 1934


In the absence of the Moderator, the meeting was called to order by the Town Clerk.


Motion : Mr. Nee moved that Mr. Philip B. Buzzell serve as Temporary Moderator in absence of the Moderator.


Unanimously voted in the affirmative.


The Warrant was then read by the Town Clerk.


Mr. H. C. Barrows then reported that the Finance Committee held a public hearing on the warrant and reported favorably upon same.


Motion by Mr. Neilson, That the Town alter its by-laws by adopt- ing and adding thereto a zoning by-law as authorized by Section 25 to 30A inclusive of Chapter 40 of the General Laws, and by any and all acts in amendment thereof and in addition thereto, the text of such by-laws to be as set forth in the final report of the Planning Board submitted to the meeting herewith, the map therein referred to and made a part thereof being the large orig- inal colored map on file with the Town Clerk and now on exhibi- tion before this meeting; and the text of said by-laws set forth in the final report of the Planning Board above referred to cor- responding exactly with the text of the proposed by-law set forth in the warrant for this meeting except for the following changes:


In Section 7B, sub Section 1, first line, the word "and" between the numerals "5" and "6" is struck out, and the words and figures "and 7A" are added following the numeral "6".


In Section 11 the following sentence: "The open space required in the paragraph shall be located in such a way as, in the opinion of the building inspector to properly light and ventilate the build- ing and provide access in case of fire." has been struck out.


Section 23 and 24 have been struck out and the number of Sec- tion 25 has been changed to Section 23.


Directly following motion, Mr. Edward Neilson turned over to the Town Clerk three copies of the final report of the Planning Board, with maps on reverse side, duly signed.


39


On amendment offered by Mr. Howard E. Bedell, that the map referred to in Mr. Neilson's motion be changed, by changing the district bounded by Main Street, The Lawrence Branch of the B. & M. Railroad and Clark Street from single Residence and Busi- ness to Light Industrial.


Voted in the affirmative.


The original motion as amended was then voted upon.


The Temporary Moderator announced that check list vote should be taken the Town Clerk record vote and count same. This was being done by calling each name. Mr. Harriman then made a motion that all in Hall stand and give name to the Clerk and vote as they wish and then be seated. Women check list to be used first, and then Men's list.


Voted in the affirmative.


The Moderator announced that eighty-nine (89) Votes cast. Eighty-seven (87) voted in the affirmative. Two (2) voted in the negative.


Motion declared voted in the affirmative.


Motion to adjourn.


Voted in the affirmative.


Attest:


RALPH R. CURRIER,


Town Clerk.


340


TOWN WARRANT


To Harry J. Ainsworth, a Constable of the Town of Wilmington:


Greeting-In the name of the Commonwealth of Massachusetts and in the manner prescribed in the By-Laws of said Town, you are hereby directed to notify and warn the inhabitants of the Town qualified by law to vote in Town affairs to meet and assemble at the Town Hall on Friday the tenth day of August next at 8:00 o'clock P. M., to consider and act on the following Articles :


Article 1. To see if the Town will vote to raise and appropriate a sum not exceeding Seventeen Thousand Dollars ($17,000.00) for the repair, enlargement and altering of the Center School build- ing, or do anything in relation thereto.


Article 2. To see if the Town will vote to instruct the Mod- erator to appoint a Committee of three (3) to investigate and report at the next Annual Town Meeting on the advisability of amending the Town By-Laws to provide for an Inspector of Plumb- ing and Plumbing regulations, or do anything in relation thereto.


Article 3. To see if the Town will vote to instruct the Mod- erator to appoint a Committee of three (3) to investigate and report at the next Annual Town Meeting on the advisability of the purchase of a new type Fire Alarm Signal, the location there- of, or do anything in relation thereto.


Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk, immediately after making a service thereof.


Given under our hands and seal of said Town this sixteenth day of July, A. D., One Thousand Nine Hundred and Thirty-Four.


HAROLD E. MELZAR, JOSEPH F. NEE, FREDERICK J. MacQUAIDE, Selectmen of Wilmington.


Wilmington.


Middlesex SS: This is to certify that on July 19th I posted attested copies of this Warrant in accordance with the Town By-Laws.


HARRY AINSWORTH, Constable.


41


TOWN MEETING


Record of Proceedings at the Special Town Meeting Held August 10, 1934


At eight o'clock P. M. the Moderator called the meeting to order and the Warrant was read by the Town Clerk.


Mr. Barrows then reported for the Finance Committee stating that they disapproved of Article 1.


Article 1. Motion by Mr. Hathaway, That the Town raise and appropriate under the provisions of Chapter 17, Acts of 1929 as amended, the sum of Seventeen Thousand ($17,000.00) Dollars for the enlarging, remodelling and furnishing of the Center School House, so called, under the direction of the School Committee. That Two Thousand ($2,000.00) Dollars of said sum be raised by taxation this current year and that the Treasurer with the approval of the Selectmen, borrow the sum of Fifteen Thousand ($15,000.00) Dollars and issue therefor a Serial Notes or Bonds of the Town payable with interest in or within ten years from date of issue, Bearing on their face, "Wilmington School Loan, Act of 1929."


Amendment offered by Mr. Elfman, That if the Town votes to raise aforesaid sum, that the bids be kept open for the lowest responsible bids.


The Moderator's decision was questioned.


14 voted in the affirmative.


38 voted in the negative.


Amendment voted in the negative.


After much discussion both pro and con, Mrs. Esler moved for the previous question. Shall the main question be now put?


Voted in the negative.


After much debate and all who wished had spoken on the Motion, the Moderator announced that two-thirds vote was required and that check list would be used. Yes and No ballots were distributed amongst voters.


During the time the checkers were counting Articles 2 and 3 were taken up.


Whole number of votes cast 135


Voted in the affirmative


55


Voted in the negative


1


68


Motion voted in the negative.


42


Article 2. Motion by Mr. Melzar. That the Moderator appoint a Committee of three (3) persons to investigate and report at the next Annual Town Meeting on the advisability of amending the Town By-Laws to provide for an Inspector of Plumbing and Plumb- ing Regulations.


Voted in the affirmative.


Following Article 3 the Moderator appointed the following Com- mittee.


Guilford M. Palmer, Chairman Frank G. Poitrast Clarence E. Doucette


Article 3. Motion by Mrs. Esler to pass Article. After Mr. Melzar explained motion withdrawn.


Motion by Mr. MacQuaide, That the Moderator appoint a Com- mittee of three (3) persons to investigate and report at the next Annual Town Meeting on the advisability of the purchase of a new type Fire Alarm Signal, or recommend action with respect to the repair, renewal or relocation of the existing signal.


Voted in the affirmative.


The Moderator appointed the following Committee: Walter G. Buckle, Chairman Thomas .C. Daly Walter Fitch


Motion to adjourn. Voted in the affirmative.


Attest:


RALPH R. CURRIER, Town Clerk.


43


SUMMARY OF BIRTHS, MARRIAGES AND DEATHS


Whole number of deaths during 1934, 53. Male 34. Female 19.


Persons 70 years old and over, died during 1934:


Years


Months


Mary Ann McIntosh


94


William Meuse


72


2


William A. Hill


73


6


Charles W. Chase


77


9


Alexander Jolly


78


10


Margaret Courtney


87


10


William B. Hoyt


73


10


Harriet Bentley Hadley


72


6


Jeffrey Iverson


77


1


Melbourne A. Marks


84


Mary Louise Buzzell


S5


Frank J. Hadley


72


5


Paul Frolio


72


5


Flora A. Dennett


78


6


Joseph DeLucia


81


4


Mary Ann Snelling


83


7


Charles H. Benson


73


4


Abbie Ann Cady


78


11


Mary Kenney


78


1


Elizabeth Stevens


84


9


Ida Marion Norcross


80


2


Herbert Currier


70


6


Causes of Death


Heart Disease


5 Cerebral Hemorrhage


2


Pneumonia


10 Nephritis


2


Carcinoma


6 Accidental


2


Suicide


2 Arterioclerosis


7


Apoplexy


1 Myocarditis


5


Tuberculosis


3 Endocarditis


2


Stillborn


1 Meningitis


1


Number of non-residents buried in Wilmington in 1934


11


Vital Statistics


Number of Marriages recorded


48


Oldest Groom


50


Oldest Bride 37


Youngest Groom 19


Youngest Bride 16


Births, whole number registered in 1934


63


Male


29


Female 34


Other Causes


4


44


MONEY PAID TOWN TREASURER ON DOG LICENSE ACCOUNT


Dog Licenses


Whole Number 379


Spayed Females 40; Males 273; Females 65; Breeder 1.


By cash paid Town Treasurer to Dec. 31st $894.80


Cash on hand Dec. 31st 5.40


Sporting Licenses


Whole Number 103


Resident Citizens Hunting


33


Resident Citizens Fishing


Resident Citizens Sporting 32


16


Female and Minors' Sporting license to Fish Only


5


Resident Citizens Trapping


2


Resident Minors' Trapping


3


Resident Citizens Trapping and Sporting License (issued free of charge) 11


Duplicate License


1


By cash paid Division of Fisheries and Game Dec. 31st. $182.75 Cash on hand Dec. 31st .50


Compiled Records of Births, Marriages and Deaths


Number on hand Jan. 1, 1934 111


Number on hand Dec. 31, 1934 108


Paid Town Treasurer three (3) books @ $1.00. $3.00


These records are on sale by vote of the Selectmen at $1.00 per copy. (Book stores are allowed to purchase these copies at 60c each and may be obtained from the Town Clerk).


Town Licenses


During the year 1934 the Selectmen granted licenses which were recorded and delivered by the Town Clerk. I wish to thank the Police Department for their assistance in this work.


Total value of licenses issued by Selectmen and recorded $1,328.41


Renewals by the Town Clerk (Gasoline) 91.50


Licenses returned as uncalled for and receipt taken from Selectmen 11.00


$1,419.91


By total cash paid Town Treasurer


$1,408.91


Respectfully submitted,


RALPH R. CURRIER,


Town Clerk.


THE TOWN CLERK WILL FURNISH TO PARENTS, HOUSE- HOLDERS, PHYSICIANS AND MIDWIVES APPLYING THERE- FOR, BLANKS FOR RETURNS OF BIRTHS AS REQUIRED BY LAW.


45


JURY LIST, TOWN OF WILMINGTON


Revised July 30, 1934


Name


Occupation


Address


Howard E. Bedell Charles H. Black


Insurance Agent


Burlington Avenue


Insurance Manager


Church Street


Clerk Floradale Avenue


Frederick E. Burbank David R. Butterworth Leon F. Call Howard L. Cates Carl F. Connor


Rigger


Cottage Street Floradale Avenue


Engineer High Street


Inspector


Middlesex Avenue


Ernest R. Currier


Expressman


Ralph R. Currier


Groceries & Provisions


Farmer


Thomas C. Daly Owen Devine Clarence E. Doucette


Janitor


Shawsheen Avenue Boutwell St. Andover Street Mystic Avenue Ballardvale Street Lake Street


John A. Fitzgerald


Statistician


Henry F. Goodearl


Salesman


Federal Street


Frank J. Hadley William S. Hale


Bank Teller


Boutwell Street


William T. Henderson


Electrician


Caterer


Columbia Street


Gas Station Washington Avenue Meat Cutter Burlington Avenue Salesman Salem Street


Superintendent


Church Street Eames Street Glen Road


Carpenter


Cottage Street Middlesex Avenue Swain Road


Norman W. Perry


Chemist


Church Street


Gardner I. Ritchie Harold E. Smith Archie S. Thurston Bert E. Tilley


Clerk


Columbia Street Woburn Street


Garage Proprietor Clerk Middlesex Avenue


Clerk Middlesex Avenue


Telephone Engineer Chestnut Street


Paul E. Todd J. Francis Toomey Arthur S. Williams


Laborer


Auto Dealer Burlington Avenue Andover Street


Frederick J. MacQuaide Oliver A. McGrane George G. McKittrick Edward C. Manning John F. Muse Martin Nee Jerome J. O'Leary


Leather Worker


Student


Clerk


Pensioner


Railroad Engineman Columbia Street Church Street


Nelson H. Huntley Joel P. Ireland Charles A. Livingston


Engineer


Chemist


46


ASSESSORS' VALUATION AND TAXES


FOR THE YEAR 1934


Real Estate


$4,141,448.00


Personal Estate


244,808.00


Excise


195,310.00


Number of Polls


1,246.00


State Tax


6,200.00


State Parks and Reservation Tax


44.89


Home Care


6,167.99


County Tax


155,577.90


Town Tax, Including Overlay


Rate of Taxation per M. $34.90


SCHEDULE OF TOWN PROPERTY


Schoolhouses and Lots


$82,850.00


Memorial Park


3,500.00


Cemetery, Tool House and Tools


2,800.00


Town Hall and Fire Equipment


4,700.00


Public Library and Contents


5,000.00


Highway Building and Lot


4,800.00


Engine House and Lot


2,600.00


Common and Flagstaff


2,500.00


Moth Building and Lot


700.00


Water Department Buildings, Stand Pipe, Equipment and Land


326,000.00


Land and Buildings, Account of Tax Sales


198,150.00


Highway Trucks, Machinery and Tools


7,500.00


Furniture in Town Hall, Safes and Cabinets


2,000.00


Fire Truck, Hose and other Equipment


3,800.00


Sprayers and Fixtures


200.00


Sealer of Weights and Measures, Equipment


2,000.00


Police Equipment


500.00


School Supplies, Furniture, Etc.


7,500.00


$657,100.00


GEORGE W. BUCK, J. HOWARD EAMES, FRANK L. EAMES, ¿ Assessors, Town of Wilmington.


. .


130.00


.


47 .


TREASURER'S REPORT


RECEIPTS


Cash in Treasury


Cash Received Account of :


Income Taxes


20,479.80


Corporation Taxes


566.40


Trust Company Tax


.11


State Aid


1,021.00


National Bank Tax


7.08


Veterans' Exemptions


171.52


Reimbursement for Loss of Taxes


6.69


Board of Public Welfare


3,288.02


Deeds of Release


5,496.19


Water Department


12,979.71


Tax Title Account


2,075.09


Health


477.03


Trust Funds


250.00


Building Inspection


56.00


Court Fines


30.00


Police Department


68.40


Library


75.19


Sealer's Fees


62.12


Dog Licenses, from Town Clerk


894.80


Dog Licenses, from County Treasurer


961.82


Tree Warden


17.40


Mothers' Aid


94.44


Licenses


1,438.91


Births, Deaths and Marriages


3.00


Education


3,896.86


Fire Department


9.80


Highways


6,292.46


Cemetery


1,072.25


Perpetual Care of Cemetery Lots


917.60


Old Age Assistance Tax, from State Treasurer


882.32


Sale of Town Plans


.40


Town Notes


223,563.52


Taxes, 1931


326.50


Interest on Taxes, 1931


93.35


Taxes, 1932


785.21


Interest on Taxes, 1932


97.20


Taxes, 1933


80,653.06


Interest on


Taxes, 1933


3,501.75


Taxes, 1934


60,315.64


Interest on Taxes, 1934


110.45


Excise Taxes, 1930


164.57


Interest on Excise Taxes, 1930


33.25


Excise Taxes, 1931


11.41


Interest on Excise Taxes, 1931


2.40


Excise Taxes. 1932


.


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. . . .


40.54


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$27,576.59


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48


Interest on Excise Taxes, 1932


5.32


Excise Taxes, 1933


1,006.81


Interest on Excise Taxes, 1933


50.13


Excise Taxes, 1934


2,367.06


Interest on Excise Taxes, 1934


11.72


Interest on Deposits


7.26


Old Age Assistance Tax, 1931


10.00


Old Age Assistance Tax, 1932


35.00


Old Age Assistance Tax, 1933


.... 269.00


$464,630.15


PAYMENTS


Cash Paid Account of Treasury Warrants


432,355.70




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