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COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS Minutes of Meeting – May 8, 2001 The Council of Greenburgh Civic Associations seeks to provide information to and advance the common interests of member civic groups in important Town affairs. The following civic groups have paid dues for the year 2001: Ardsley Estates Civic Association To date, twenty civic groups have paid dues for the year 2001 - nineteen groups have renewed their membership and The Sprain Road Association has joined for the first time. There is $909.29 in the treasury. Treasurer Mary Tobias shared with CGCA members the appreciative comments that some civic groups have included when mailing their dues. ' Minutes of the April 17, 2001, meeting were read and approved with minor corrections that will be made prior to distribution. CGCA members wished "A Happy Birthday" to:
CGCA members were saddened to learn of the deaths last week of the mother of Westchester County Legislator Tom Abinanti, and the father of Greenburgh's Philanthropic Coordinator, George Gumina. UNIFICATION CHURCH PROPERTY Danny Gold provided an update on steps taken to address the environmental damage caused when the developer (Trion), seeking to build a golf course on the Unification Church property, carved out an extensive network of dirt roads, 12-14 feet wide, to dig test wells. The Town followed the same process used regarding the destruction of trees on the Solomon Schechter property. A landscape architect assessed the extent of damage and estimated land restoration would cost $150,000. Additional costs may accrue since a naturalist from Hudsonia will also survey the extent of damage. Mr. Gold reported that he is awaiting a return call from Town Attorney Susan Mancuso regarding the schedule for Trion to post a bond and any written communication with them. This Friday, May 11, Supervisor Paul Feiner has scheduled a walking tour with, church officials and representatives from Trion. Mr. Gold noted that there have been many objections from the community. Residents suggest that there should be heavy fines imposed to prevent/stop this type of environmental destruction in the future. Mr. Gold noted that the East Irvington Civic Association wants the property filly restored and is unwilling to compromise with Trion. East Irvington residents also have expressed concern about a perceived conflict of interest regarding the attorney who is representing Trion, David Steinmetz. Mr. Steinmetz is a partner in the firm Zarin & Steinmetz. His partner, Michael Zarin, was retained to represent the Town of Greenburgh regarding the controversy with the city of Yonkers and village of Ardsley over the opening of Sprain Road. SUPERVISOR SCHEDULES JOINT TOWN BOARD/CIVIC ASSOCIATION MEETING WITHOUT NOTIFYING TOWN COUNCIL MEMBERS In a letter to residents dated April 5, 2001, Supervisor Feiner announced that the Poets Corner Civic Association and the Town Board would hold a joint meeting on May 1. However, Mr. Feiner neglected to notify the other Town Board members about the date of this purported joint meeting. Because of conflicts in schedules, Mr. Feiner was the only member of the Town Board who could attend. Approximately 100 area residents attended the meeting. Ella Preiser, Francis Sheehan and Mary Tobias also attended the meeting and reported to CGCA members on the following issues discussed: Compromise Approved re Solomon Schechter School. At the May 1 meeting, Anthony Russo from Allee King Rosen & Fleming (AKRF), the Town's planners, encouraged the community to consider an offer made by the school to mitigate the destruction of trees and vegetation that occurred last fall in violation of the approved site plan. Mr. Russo reported that the school would agree to (1) rebuild the stone wall along the entire length of the property, (2) re-grade the property from the main driveway south approximately 200 feet to make the property level with West Hartsdale Avenue, and (3) plant an additional 38 trees (10-12 feet high spruce and white pines). The Town and civic association would determine the exact location for the additional trees. Mr. Russo suggested that by increasing the elevation of the property by 4 to 6 feet, the newly planted trees would be more visible and have a better chance of survival because they would not be sitting in a ditch. No other mitigation plan was offered. Alan Hochberg, President of Poets Corner CA, called for a vote. The majority of those present raised their hands to vote in favor of the compromise. No one voted against the compromise. CGCA members discussed this issue and questioned the compromise. The destruction of vegetation on this property negatively impacts not only the abutting neighborhoods (Poets Corner and Stone Oaks) but also the wider community, including residents in the Secor Homes and Orchard Hill areas and numerous others who regularly travel on West Hartsdale Avenue, one of a handful of east-west access routes through Town. The compromise allows replacement of mature trees with relatively inexpensive 10-12 foot high trees and undermines a strong message that the Town should be conveying to developers about environmental damage. It is presumed that the Town will return the $290,000 that the school was required to deposit to correct the violation, and that the school in turn will drop its application with the ZBA seeking reversal and/or modification of this $290,000. Developer Seeks Re-zoning of Secor Road Farm. The Town has received an application for development of the Square Deal Farm property at the intersection of Secor Road and West Hartsdale Avenue. The applicant (Rumbrook, Inc.) is requesting that the 15-acre site be down-zoned from R-20 to R-15 with a PUD overlay to permit the construction of 32 dwelling units. The parcel is currently zoned R20, permitting development of 27 dwelling units. The Open Space Comprehensive Plan recommends preserving the property as open space but also includes other scenarios including applying wetlands protection legislation (permitting only 24 houses) or up-zoning the property to R-40 (permitting only 14 houses). The proposal apparently includes subdividing the property to permit the farm stand to remain in addition to the proposed housing. At the May 1 meeting, a number of residents from Poets Corner expressed concerns about allowing the farm stand to remain as a commercial store if the property is rezoned for housing. The residents unanimously passed a resolution asking the Town Board to preserve the property as open space. CGCA members discussed the; proposal and questioned why the Town is even entertaining this application since the minimum area required for a PUD designation must accommodate 50 dwelling units and be greater than 15 acres. It was :noted that a decision to rezone property is totally discretionary by the Town Board - the developer can't appeal if the board refuses to rezone and the community can't appeal if the board grants the rezone request. CGCA members reminded that in 1997 in order to accommodate the Alfredo's Nursery (Valimar) proposal, members of the Town Board did not hesitate to amend the PUD requirements - reducing the necessary buffer from 75 feet to 25 feet and the required distance between single family homes from 25 feet to 15 feet. TOWN BOARD VOTES TO CORRECT ITS ADMINISTRATION OF STAR PROGRAM AND NARROWLY PASSES AMENDMENT TO RIGHT THOSE WRONGED At its April 25 meeting, the Town Board held a public hearing on adopting a local law concerning modification of the STAR program deadlines. In June 2000, the board passed a resolution extending deadlines for new residents and others that missed the earlier deadlines for filing. However, State Assemblyman Richard Brodsky accused the Town of improperly administering the STAR program, and the Town agreed to adopt a local law to address any ambiguities in the June 2000 resolution. During the April 25 hearing, Town Councilman Steve Bass urged that an amendment be added to make the law retroactive to June 2000 so that anyone improperly denied a STAR exemption or given misinformation by the Town would qualify. Mr. Bass' amendment passed by a 3-2 vote. Supervisor Feiner, Councilwoman Eddie Mae Barnes and Mr. Bass voted "yes." Councilwomen Diana Juettner and Timmy Weinberg voted against retroactively righting the wrong done to eligible STAR recipients. Copies were distributed of a May 4 article about this issue; in the Scarsdale Inquirer, "Town board amends STAR law," by David Gottlieb. COUNTY LEGISLATOR TOM ABINANTI Ella Preiser reported that Councilman Steve Bass had faxed her a copy of proposed Westchester County legislation, introduced by County Legislator Tom Abinanti, that would provide local municipalities the right of first refusal in the sale of any county land. A public hearing on the proposed law, scheduled for May 3, was cancelled because of the death of Mr. Abinanti's mother. Mr. Bass stated that the hearing probably would be rescheduled in early to mid June. The proposed law would require that written notification and a right of first refusal be given to Westchester County's cities, towns and villages regarding any county-owned real property within their boundaries that is no longer needed for county purposes. The property could be sold to the municipality for one dollar ($1.00) if used for park and recreational purposes in perpetuity, or at the current appraised value if used for other municipal purposes. The municipality would have 90 days to exercise the right of first refusal, and the property, would revert to the county if not used for the specified purpose within five years. CGCA members were pleased that this legislation had been introduced. The CGCA will either appear in person or send a letter supporting the legislation when the rescheduled public hearing is held. Mr. Bass indicated that Assemblyman Richard Brodsky has introduced similar legislation in Albany. TOWN ADOPTS 2001 CAPITAL BUDGET On April 25 the Town Board held a public hearing and adopted a capital budget totaling $2,657,000. CGCA members expressed concerns about two of the Department of Public Works budget items. (1) $125,000 is budgeted for the repair of sidewalks. This is a tiny fraction of the amount that is necessary to make sidewalks safe that the Town is responsible for maintaining. Supervisor Feiner has suggested that residents willing to pay half the cost of the repairs could have their sidewalks repaired first. CGCA members disagree. Repairs should be scheduled based on need for repair not on the ability of a resident to pay half the cost. (2) The Town is considering purchasing other than Mack trucks because they are less expensive. Since Mack trucks have a longer wheel base, they can carry more sand and do not have to make as many trips back to the yard to reload. Questions were raised about whether the Town will adequately study more than just initial purchase price. Repair history, life span and interchangeability of parts also need to be carefully considered. OPEN MEETINGS LAW VIOLATIONS DOCUMENTED At the end of the April 17 CGCA meeting, Chairman Danny Gold distributed copies of correspondence received by Robert Reninger, President of the Broadview CA, from Robert Freeman, Executive Director of the Committee on Open Government. Mr. Reninger had sought advisory opinions regarding whether Town Board "road show" meetings and Planning Board meetings held in the conference room (too small to accommodate those interested in attending) complied with the New York State Open Meetings Law. Since there was no time to read and discuss these letters at the April 17 meeting, the material was discussed at the May meeting. CGCA members appreciate Mr. Reninger's efforts in contacting Mr. Freeman on these matters. The Town is clearly in violation of the Open Meetings Law. Unfortunately, the only remedy for these violations is to take the Town to court. GREENBURGH CAMPAIGN FINANCE COMMISSION RECOMMENDATIONS At a work session on Friday, May 4, the Town Board discussed the recommendations of the Greenburgh Campaign Finance Commission (GCFC). Madelon O'Shea, Ella Preiser and Francis Sheehan attended the work session. Members of the GCFC were not notified of the meeting. Councilman Steve Bass, who had been assigned the task of reviewing the recommendations (which had been presented to the Town Board in December 2000), presented for discussion a one-page, bulleted summary of the recommendations to his colleagues on the Town Board. Supervisor Paul Feiner and Councilwoman Timmy Weinberg made it very clear to observers that they were not permitted to speak during the discussion. It was apparent during the discussion that the board would make no decisions at the work session. Instead their goal was to identify issues to discuss at a later meeting with Catherine Lederer-Plaskett and Harrriet Leib, co-chairs of the GCFC. Mr. Bass noted that he had received the names of two people each from the Republican (Sally Schaadt and Carol Devine-Molin) and Democratic (Lou Weinstein and Steven Spiro) parties to serve on a cable committee, per the instructions of Supervisor Feiner. Councilwoman Timmy Weinberg stated several times that it was premature to discuss any names and Mr. Bass agreed to inform the volunteers that the board has made no decision on this matter for the time being. He continued with the recommendations. [Note: In following paragraphs, discussion that took place at the CGCA meeting is enclosed in brackets.] Recommendation: Creation of an independent, not-for-profit cable access board (similar in structure and power to the Larchmont/Mamaroneck cable access board), funded by 50% of the franchise fees, phased in over four years. Mr. Feiner stated that he "would not support spending substantially more than we're spending now, unless there was a public referendum, [because] we would have to either increase taxes or cut services." Ms. Weinberg suggested "we're keeping taxes lower by contributing some of the money we take in from the cable company to defray their taxes." Comptroller Norah McAvoy questioned whether the Larchmont/Mamaroneck board was really not-for-profit since the comptroller of Mamaroneck told her the cable employees were town employees. [CGCA members questioned why those who subscribe to cable TV and pay the franchise fee should be responsible for lowering the taxes of those who do not subscribe to cable TV.] As discussion continued about an independent cable TV board, Mr. Bass made it clear to his colleagues that the intention was to have professionals on the cable board, removed from politics. Mr. Feiner stated that if a nonpartisan professional board were created, he didn't "want any loopholes by any side and no one who is a district leader or who volunteered or contributed to a campaign should be able to be on the board." Recommendation: Providing all candidates a baseline amount of fair and equal access to cable TV. Town Board members gave no indication whether they agreed or disagreed with the recommendation. However, Ms. Weinberg noted that four years ago incumbents were disadvantaged when a challenger's program aired "seven times in a row the night before the primary." [CGCA members questioned whether the board discussed the unfairness challengers experienced regarding access to cable TV both two years ago and four years ago. The answer was "no" even though these experiences were well documented in the minutes of GCFC meetings.] Recommendation: Creation of a Greenburgh Fair Elections Practices Board comprised of five members appointed by the Town Board - one from the League of Women Voters and one from each of the four political parties receiving the most votes in the last gubernatorial election. Supervisor Feiner disagreed with the recommendation and stated: "Some of the four political parties are controlled by the Republican party." Ms. Weinberg stated: "I'm not sure I could be fair and impartial on some of those things and I'm probably less politically active than some of the others." She further noted that Westchester County has a Fair Campaign Practices Committee and she would "rather rely on that than start having partisan representatives." [CGCA members questioned Mr. Bass about the political parties receiving the most votes in the last gubernatorial election. He noted that the order was Republican, Democratic, Conservative and Independence parties but he was unsure whether that was the order when just Greenburgh voters were counted.] Later in the discussion on this, issue, board members made comments that they could go the county's Fair Campaign Practices Committee to obtain rulings and quick answers if certain regular practices/activities by incumbents were questionable. [CGCA members noted that it was obvious that the board members had not read the minutes of GCFC meetings or they would have been aware that the county's Fair Campaign Practices Committee issues findings only. It does not hand down rulings or address any legal issues. The Greenburgh Fair Election Practices Board was proposed to oversee the creation of the independent cable board and to opine on any complaints regarding Greenburgh elections.] Recommendation: Prohibiting; from June to November during an election the use of an incumbent's name, voice or likeness, in public prim or broadcast advertisement paid for by the town. Board members appeared to agree to a prohibition on the use of pictures or public service announcements during the June to November period. Councilwoman Weinberg stated: "A lot of people get their face on [cable TV] more than we do at some of the meetings." However, the incumbents were not willing to restrict the political statements they include in tire brochure mailed to residents about Town programs, activities and services even though the fall/winter brochure is mailed days before the September primary. Ms. Weinberg stated "this is part of what we are elected to do" and Councilwoman Diana Juettner and Mr. Feiner agreed. Mr. Feiner questioned why the limits were June to November instead of September to November. He stated he would be willing "during the month of October to send out no more than 90 letters." Recommendation: Recusal from voting on an application if an incumbent accepts more than $500 from an applicant during the preceding 24 months or public disclosure about the contribution. Board members discussed little more than the high cost of campaigning and need to run competitive races. Recommendation: Allowing all candidates access to Town facilities, regardless of their residency. Board members appeared surprised that anyone was denied access to Town facilities. Councilwoman Juettner acknowledged that she had campaigned in Veteran Park even though she is a village of Ardsley resident. Mr. Feiner suggested that the Town Board could announce selected dates for campaigning at Town facilities if complete openness created intrusions. [CGCA members noted again that it was obvious the board members had not read the minutes of GCFC meetings where this issue was discussed.] Recommendation: Agreeing to limits of $2,500 as the amounts a candidate can contribute to his/her own campaign from personal funds or 'previous campaign funds and $250 from other individuals or entities. Mr. Bass stated that he had a problem with the $2,500 limit. He feels a candidate who raises money should be able to use it. Mr. Feiner referred to his recent races for a congressional seat and stated there was a need to raise large sums of money to compete. Ms. Weinberg said she had never received more than $250 from anyone. Ms. Juettner noted that the $2500 may have been raised in previous years in small amounts - $25 or $50 from contributors - and repeatedly questioned the legality of the recommendation and noted it can't be legally enforced. Mr. Feiner called for a maximum limit on spending and public funding of elections. Mr. Feiner suggested that the GCFC recommendations were not comprehensive. He stated his desire to place a referendum on the ballot regarding campaign reform measures. CGCA members agreed that the Town Board accomplished very little during its discussion and look forward to the proposed meeting of the Town Board with GCFC co-chairs Catherine Lederer-Plaskett and Harriet Leib. CGCA members suggested it was hypocritical to suggest that cable TV franchise fees should not be used to improve cable TV while at the same time advocating that taxpayers should fund local elections. It was noted that Greenburgh cable access TV is a disgrace. The Town received more than $462,000 from the cable franchise agreement last. year but spent only a small fraction of that amount. It was also noted that most of the viewers calling "Dial Democracy" at Town Board meetings complain that the sound system is not working properly. On a related matter, copies were distributed of four recent letters to the Journal News regarding the GCFC recommendations:
CGCA members found Mr. Feiner's comments (in his April 25 letter) about Mary Tobias untruthful and insulting. Ms. Tobias would have no way of determining what information Mr. Feiner confides to his colleagues on the Town Board. Since Ms. Tobias served as the CGCA representative to the Greenburgh Campaign Finance Commission, Mr. Feiner's comments insult the CGCA as well. SECOR HOMES CIVIC ASSOCIATION STATE-FUNDED STUDY CGCA members confirmed that they had received copies of the state-funded Greenburgh Planning Procedures Case Study prepared by Ferrandino & Associates, Inc. for the Secor Homes Civic Association (SHCA). CGCA members again noted that the study was of high quality and extremely well documented. Councilman Steve Bass reported that all members of the Town Board had received copies. In response to a question of whether the board had discussed the report, he answered "no." Copies were distributed of two articles that appeared in newspapers about the study. A May 4, 2001, article in the Scarsdale Inquirer, "Town plays favorites, study says," by David Gottlieb, briefly discusses the study and includes quotes from a press release from Carol Wielk, President of the SHCA. A May 7, 2001, article in the Westchester County Business Journal, "Greenburgh land-use process under scrutiny," by Alex Philippidis, includes quotes not only from Ms. Wielk, but also from Supervisor Feiner. Mr. Feiner stated "he would read the report closely with an eye to addressing the group's criticisms." "I'll look at the comments and see if there's anything useful." "I benefit from my critics as well." The report contains some very specific recommendations regarding sections of Town Code that need to be updated - sections dealing with Environmental Quality Review, Flood Damage Prevention, the Zoning Board of Appeals and Site Plan Approval. CGCA members urge Mr. Feiner to take actions to amend these sections of Town Code and to consider other recommendations outlined in the report. EAST HARTSDALE AVENUE PROPOSED REZONING On April 30, the Town Board held another meeting at the Multipurpose Center regarding the proposed rezoning of the downtown business district. Representatives from Allee King Rosen & Fleming, the Town's planners, gave a slide presentation, projected on the wall. Unfortunately, the presentation was difficult to read because yellow print was used. Requested handouts about the proposed rezoning were not made available to the community until the end of the meeting. The community continued to express grave concerns that none of the comments made at previous meetings had been addressed in the draft proposal. Of particular concern was the suggestion to permit amusement arcades. Supervisor Feiner indicated that he heard the community and that use would be deleted. A number of people again expressed concern about permitting gyms/health spas. It appears that the Town Board members favor this use because one landlord, Toby Ritter, has requested it be included as a permitted use in the Zoning Ordinance. On a related matter, a meeting, was held at Town Hall on April 25 with representatives from the Hartsdale Public Parking District. A-history of the parking district and information on the number of lots and parking spaces was provided. The function of the parking district is to provide parking for commuters and shoppers. A limited number of permits for overnight parking for residents along East Hartsdale Avenue are available in the Site "A" structure and the Site "C" structure (off Central Avenue). It was noted that there is sufficient parking for shoppers in the Site "A" parking structure behind the stores. Parking district representatives acknowledged that certain uses - restaurants and gyms - could put a strain on the number of available parking places at certain hours of the evening. ALLEGED DESTRUCTION OF TOWN DOCUMENTS The packet of information mailed to CGCA members prior to the May 8 meeting contained a copy of a memo from Broadview Civic Association President Robert Reninger to Supervisor Feiner concerning the alleged destruction of Planning; Board subdivision documents prior to 1975. Mr. Reninger has spent the past eight months attempting to gain access to Planning Board subdivision records from 1967. In response to FOIL requests, he was told the records were not available or were lost. When some records were found, he was told the town did not have staff to do additional searching and that he must look for the records himself. Staff subsequently found additional records; however, a grading plan was still missing although information indicates that it is filed in the Greenburgh map room. CGCA members expressed grave concerns about the difficulty Mr. Reninger has encountered in trying to gain access to Town records. Even more troubling is a letter Mr. Reninger received from Greenburgh legal staff that suggests that there was no law in effect prior to 1988 regarding the preservation of Planning Board documents arid, therefore, "it would appear that there was no violation of the penal law" if documents were destroyed. CGCA members will continue to pursue this matter to determine whether the town has destroyed town history. MISCELLANEOUS Glenville Woods Rezoned. At the April 25 board meeting, the Town Board unanimously granted Ginsburg Development a variance from the moratorium law. The board then adopted a local law rezoning a portion of the Glenville Woods property from PD to R-7.5 with a PUD and Conservation District Overlay. The board also issued a SEQRA Negative Declaration and SEQRA Statement of Findings for the residential component (Wyldwood), Glenville Woods Park and Glenville Parklet rezoning, subdivision, and site plan. Town Board Grants Springhill Suites Hotel Variance from Moratorium. At its April 25 meeting, the Town Board voted 4-1 to grant Springhill Suites a variance from the moratorium law. Councilman Steve Bass voted against the variance, citing that he did not believe the applicant provided sufficient documentation to verify claims of financial hardship. It is likely that the ZBA will issue a decision and findings regarding the requested special permit and variances for the hotel at the May 17 ZBA meeting. Ella Preiser noted that the Town Board's SEQRA Statement of Findings on this application was so poorly written and filled with errors that she wrote a letter to the ZBA urging the members to adopt their own SEQRA Statement of Findings. Town Hall/Library. To date community members have not received answers to the many questions raised about proposed expansion/relocation of the Town Hall and Library. Since the Landauer Report purportedly will not include cost analysis, the Town Board has now authorized the Supervisor to send out "Requests for Proposals" to qualified office complex developers, seeking strategies and cost estimates for the various options being explored. Community Excluded - Proposed Laws re Open Space Comprehensive Plan. Questions were raised about whether the necessary laws will be in place to protect wetlands, steep slopes and recreational areas once the moratorium is over. "Since the public has been totally excluded from the process, there were no answers. Landmark at Eastview. The developers seeking to build 320,000 square feet of laboratory space and a professional athletic training facility for Madison Square Garden have submitted a preliminary DEIS. A member of the AKRF staff, Nannette Bourne, has reviewed the DEIS. At the April 25 Town Board meeting, Ms. Bourne presented a 9-page memo outlining the areas in the DEIS that she found to be incomplete. ZBA to Hear Kathwood Road Application. It was noted that the ZBA has scheduled a public hearing for May 17 to hear the WBRC Corp. request for a variance to reduce the required minimum lot size to construct a residence. The property was acquired at auction from the state DOT as excess Sprain Brook Parkway land. An application for subdivision is currently before the Planning Board. CGCA members noted that the appellate court has not yet decided the lawsuit regarding this property. Duane Reade. - A question was raised about the location of parking for the new Duane Reade store at the Central Avenue/West Hartsdale Avenue intersection. The parking lot is located north of the building. It was noted that Corners Drugs, just south of the intersection, has closed and Duane Reade is now servicing the customers. Town Planners Still Working Without a Contract. In response to a question at the April 25 meeting, the Town Board reported that it is still negotiating a contract for planning services with Allee King Rosen & Fleming. The previous contract expired December 31, 2000. Yard Waste Recycling. Several CGCA members noted that the Sanitation Department is refusing to pick up yard waste (brush, leaves, lawn clippings, etc.) in plastic bags and placing "Oops" stickers on the bags. To have yard waste picked up, residents must place it in paper bags, cardboard boxes, or open containers. ZBA to Hear Mazda Request for Outdoor Storage. Madelon O'Shea requested that CGCA members be made aware that White Plains Mazda on Tarrytown Road is seeking a Special Permit to modify conditions set forth in a previous ZBA case to allow outdoor storage of motor vehicles. Granting this application would set a terrible precedent and make it difficult to enforce code requirements regarding outdoor storage on other properties. The hearing is tentatively scheduled for the June ZBA meeting. Distributed: A May 4 articlle in the Scarsdale Inquirer, "Strip mall to replace rug store and spa," by David Gottlieb. The article provides information on the Dilmaghani organization's plans to demolish the existing Oriental rug store and European Health Spa at 540 Central Avenue and build a new rug store and space for other retail operations. |
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