HomeMy WebLinkAboutPB Minutes 1994-10-04TOWN OF ITHACA. PLANNING BOARD
FILED
TOWN OF ITHACA
[date JOT
Clera].w4-
OCTOBER 4, 1994
The Town of Ithaca Planning Board met in regular session on
Tuesday, October 4, 1994, in Town Hall, 126 East Seneca Street,
Ithaca, New York at 7:30 p.m.
PRESENT: Chairperson
James Ainsl
Smith, JOnE
(Assistant
II), Daniel
Attorney),
Robert Kenerson, George Bayer, Gregory Bell,
ie, Herbert Finch,, Candace Cornell, Stephen
Ethan Kanter (Town Planner), George Frantz
Town Planner), JoAnn Cornish -Epps (Planner
Walker (Town Engineer), John Barney (Town
ALSO PRESENT: Kevin Hartin, Claudia & Jerry Weisburd, Karen
Knudson, Sue Bissell., Danica, Suzanne & Zoe
Anderson, Mary & Bill Webber, Liz 'Walker, Joan
Bokaer, - - -- Wildes, Susan -- IWI - - -- Pines, Jay
Jacobson, John Bokaer - Smith, Jennifer Bokaer - Smith,
Pamela Carson, Monty Berman, Doug Shire, Janet
Hawkes, Supervisor John Whitcomb.
Chairperson Kenerson declared the meeting duly opened at 7:36
p.m.
Chairperson
Kenerson
read
the
F:Lre Exit
Regulations to those
assembled,
Office of
as required by
Fire :Prevention
the
and
New
Control..
York. State
Department of State,
1`S 9:y
jj tis
K
TOWN OF ITHACA. PLANNING BOARD
FILED
TOWN OF ITHACA
[date JOT
Clera].w4-
OCTOBER 4, 1994
The Town of Ithaca Planning Board met in regular session on
Tuesday, October 4, 1994, in Town Hall, 126 East Seneca Street,
Ithaca, New York at 7:30 p.m.
PRESENT: Chairperson
James Ainsl
Smith, JOnE
(Assistant
II), Daniel
Attorney),
Robert Kenerson, George Bayer, Gregory Bell,
ie, Herbert Finch,, Candace Cornell, Stephen
Ethan Kanter (Town Planner), George Frantz
Town Planner), JoAnn Cornish -Epps (Planner
Walker (Town Engineer), John Barney (Town
ALSO PRESENT: Kevin Hartin, Claudia & Jerry Weisburd, Karen
Knudson, Sue Bissell., Danica, Suzanne & Zoe
Anderson, Mary & Bill Webber, Liz 'Walker, Joan
Bokaer, - - -- Wildes, Susan -- IWI - - -- Pines, Jay
Jacobson, John Bokaer - Smith, Jennifer Bokaer - Smith,
Pamela Carson, Monty Berman, Doug Shire, Janet
Hawkes, Supervisor John Whitcomb.
Chairperson Kenerson declared the meeting duly opened at 7:36
p.m.
Chairperson
Kenerson
read
the
F:Lre Exit
Regulations to those
assembled,
Office of
as required by
Fire :Prevention
the
and
New
Control..
York. State
Department of State,
AGENDA ITEM: PERSONS TO BE HEARD,
There were no persons present to be heard. Chairperson
Kenerson closed this segment of the meeting.
AGENDA ITEM: REFERRAL OF PROPOSED SPECIAL LAND USE DISTRICT
(SLUD) AND CONTINUATION OF SKETCH PLAN :REVIEW: REFERRAL FROM TOWN
BOARD OF PROPOSED SPECIAL LAND USE DISTRICT (SLUD) FOR
RECOMMENDATION AND CONTINUATION OF DISCUSSION OF SKETCH PLAN FOR
THE PROPOSED "ECOVILLAGE COHOUSING COMMUNITY" PROJECT, PROPOSED TO
CONSIST OF 30 DWELLING UNITS (15 DUPLEXES) AND A COMMUNITY CENTER
CLUSTERED ON APPROXIMATELY THIRTY -FIVE ACRES, TO BE SUBDIVIDED OFF
OF THE LARGER 177.8 + /- ACRE ECOVILLAGE PARCEL, LOCATED ON THE SOUTH
SIDE OF MECKLENBURG ROAD (NYS ROUTE 79) JUST WEST OF WEST HAVEN
ROAD, TOWN OF ITHACA TAX PARCEL NOS. 28 -1 -26.2 AND 28 -1 -26.8,
RESIDENCE DISTRICTS R -15 AND R -30. ECOVILLAGE AT ITHACA, OWNER;
RESIDENT'S GROUP, APPLICANT.
Chairperson Kenerson declared the discussion in the above-
noted matter dui; opened at 7:38 p.m. and read aloud from the
agenda as posted and as noted. above.
Planning Board Minutes 2 October 4, 1994
Chairperson Kenerson addressed the Board and stated that the
Town Board had asked that the Planning Board examine the draft SLUR
for the proposed EcoViliage Cohousing Community and to make a
recommendation regarding its adoption. Chairperson Kenerson stated
that he personally did not like the idea of a 30 acre SLUR within
a 177 acre parcel since he knows that the intentions of EcoVillage
is to expand and to have neighborhoods constructed on that parcel
at some point in the future. Chairperson Kenerson stated that the
piece -meal approach does not make very good planning sense.
Board
Member
James
Ainslie
stated.
discussed.
that
lis
main
concern was
that there
was no
dz.rect
access
to
the
SLUR, and look
and determine
30 acre
the bigger
best way
parcel..
the use of
from a
the land
planning
Chairperson Kenerson stated that the Board needed to decide
whether or not the STUD should encompass the entire 177 acre parcel
or just the 30 acre site.
Jerry Weisburd indicated that the parcel proposed for
development now consisted of approximately 35 acres, since the
access road had been incorporated into that lot.
Town
Planner Jonathan Kanter stated
that
the
Town Board
discussed.
whether or not the SLUT) should include
the
surrounding
acreage.
issue, but
Mr. Kanter stated that the Town
did not make a determination one
Board
way or
had raised that
the other.
Board Member Herbert Finch stated that given the variations
that the Resident's Group are trying to put into a particular area,
a SLUR was an appropriate device. Mr. Finch stated that he had not
considered whether or not it was important to address the entire
area.
Board
Member
George Bayer stated
that if it could be viewed as
a self - contained
could be used as
unit, and. if it is
a model for the
successful, then that SLUR
other developments on the
remainder-
of the
land. Mr. Bayer stated.
that water was his main
concern.
and use of
the parcel being
considered
Chairperson
Kenerson stated
that there
would be
a single
ownership who
project work.
is
Chairperson
splitting off a portion in
Kenerson stated that
order to
the Board
make the
should
resolve the size
and use of
the parcel being
considered
for the
SLUR, and look
and determine
at
the
the bigger
best way
picture regarding
to zone this parcel
the use of
from a
the land
planning
standpoint.
that
pry.rcel
and
out- of that
the Resident's
Attorney Barney
stated that he was
not able to
determine
what
everyone would want
to do with
their property
in the
future.
Attorney Barney stated that the land
is currently
zoned
R -30 and
there are regulations
attached to
that
zone that regulate
what can
and cannot
happen on
that
pry.rcel
and
out- of that
the Resident's
Planning Board Minutes 3 October 41 1994
Group is suggesting a 35 acre zone which will have its
own
rules
that will apply to that 35
acres. The next
group may come
in and
state that the rules worked
or did not work with the 30 acre
parcel
and that they would want
different rules
to suit their
needs.
Attorney Barney stated that he did not feel
comfortable
trying
to
draft a SLUD for 177 acres
when there is no
real. idea of
what
will
happen with respect to the
remaining acres.
Board Member James Ainslie stated that if you try to supply
water to what might come in the future, it could be a big cost to
the Town of Ithaca.
Chairperson
Ken.erson
stated
that when the road
for access
is
put in as shown on the
of the 35 acres that would
sketch plan,
have no
it created a parcel
road frontage on
to the
a Town
west
road.
Town Attorney John Barney stated that the access is a separate
issue from the SLUD. Attorney Barney stated that making the 177
acres a SLUD would not solve the access problem for the parcel on
the west of the 35 acres.
Town Planner Jonathan Kanter addressed the Board and stated
that from a planning view point, the Comprehensive Plan gives the
Planning Board some guidance as to what the Town would like to see
happen in that area., which is agricultural use and conservation
areas.
Chairperson
Kenerson
stated that he
felt that rezoning
just
the .35 acres
would. be. spot
zoning.
Attorney Barney stated that he did not think that a 35 acre
SLUD could be considered spot zoning. Special land uses is what
the SLUD is designed for.
The Planning Board continued discussion on whether to use the
Special Land Use District for only the 35 acres on which the First
Resident's Group propose to live, or if it should contain the
entire 177 acre parcel. Town Planner Jonathan Kanter suggested
that in. order to resolve the issue, the Planning Board could
recommend that the Town Board rezone the 35 acre parcel, and report
to the Town Board that the Planning Board will study future
planning and zoning issues in the West Hill Area as follow up. The
general consensus of the Board members was to follow the Town
Planner's suggestion and design the SLUD for only the 35 acres with
provision for access. The SLUD would need to be specifically
created for the uses proposed to exist within the 35 acres when
occupied by the members of the First Resident's Group as an
independent living community.
The proposal by th.e applicants was for only 35 acres to be
included in the SLUD.
Planning Board Minutes 4 October 4. 1994
The Board then discussed the issue of water availability and
pressure and it was determined that there was enough water and
water pressure to serve the 35 acre sate.
Mr. Walker stated that there was a 12" water main in that area
that would provide enough water to serve the proposed development
on that site. Mr. Walker stated that the Town would expect the
developer to provide the water extension for the project.
Jerry Weisburd addressed the Board with a brief update of
changes that were made to the sketch plan since the matter last
came before the Planning Board, Mr. Weisburd stated that the
Planning Board suggested that the access way be acquired. from
EcoVi.11age at Ithaca by the Resident's Group rather than an
easement, which was agreed to by a.11 parties involved. Mr.
Weisburd stated that the proposal went before the Town Board with
a proposed. draft SLUR for the 35 acres which was referred back to
the Planning Board for review and any changes said Board felt were
necessary. Mr. Weisburd then gave a description of the proposed
roadway layout and construction for both the proposed access road
and the proposed emergency access road. (Subsequently, the
applicants have prepared and submitted a memo to the Planning Board
describing specifications of the proposed roads. That memo will be
provided to Board members prior to the October 18, 1994 Planning
Board meeting.)
The Board discussed the proposed roadway design, the possible
expansion of the neighborhood, drainage of the whole parcel, the
wetlands located near the proposed roadway; and the possibility of
moving the roadway approximately 60 feet: to the east, in an effort
to prevent the parcel to the west from becoming a landlocked
parcel.
Claudia Weisburd addressed the Board and stated that the
movement of the roadway could. be done.
:board Member Stephen Smith asked who would have the ownership
of the roadway proposed frar emergency access.
Ms. Weisburd responded. that there would be an easement with
EcoVi.11acre at Ithaca and that there was a. tentative agreement with
Helen DeGraff for the proposed emergency road to go through her
property.
The Board came to the decision
to agree to
the
SLUD for
the 30
acres now, but report to the Town
would like to pursue future zoning
Board that
options for
the
the
Planning
West Hill
Board
area.
Town Planner Jonathan Kanter stated that perhaps any new
Special Land Use Districts done within the Town of Ithaca should
have some sort of reverter clause, so that if nothing happens
Planning Board Minutes 5 October 4, 1994
within a specified amount of time, they would go back to the
original zoning.
Town Engineer Daniel Walker addressed the Board and stated
that the Town Highway Superintendent, Fred Noteboom, had asked him
to let the Planning Board know that he has potential concerns with
the proposed access road and that he felt that the highway
department was already stretched to the limit. Mr. Walker stated
that the representation by the applicant is that the access road is
to be maintained as a private road e.:cept if future development
occurs, and then it would be turned over to the Town. Mr. Walker
stated that Mr. Noteboom's main concerns were the future liability
that would be incurred by the Town and the cost incurred to the
Town, when and if taken over by the Town.
Town Attorney John Barney stated that if the road came to the
Town, it could be discussed. at that time with the option to turn it
down or put conditions upon its acceptance.
Assistant Town Planner
Noteboom's concern is the need
George Frantz stated that
to minimize infrastructure and
Mr.
the
proposed roadway
is
three times
as long as normally permitted
for
a dead -end
roadway,
and which would, require three times the amount
of maintenance.
was
the
understood and could be addressed.
Group wanted some indication
of
Ms. Weisburd stated
now the Planning Board
The question of how the Fire Department would react to this
proposed. access arrangement was also raised. Town Planner Jonathan
Kanter indicated that the proposal should probably be referred to
the Fire Department at an early stage to get their feedback.
Jerry Weisburd stated that he believes there is a reduction in
regards to the amount of infrastructure and roads in the EcoVillage
proposal when compared to a conventional subdivision layout.
Mr. Frantz stated that he had a concern regarding access. Mr.
Frantz stated that the. EAF shows that Mecklenburg Road carries
approximately 3,350 vehicular trips per day, however Hector Street,
in the City of Ithaca which many of these cars would drive over,
carries between 6,500 to 7,000 vehicular trips per day. Mr. Frantz
stated that Hector Street had been labelled as a neighborhood under
stress from too much traffic, with no current solution. Mr. Frantz
stated that unless there is an access from EcoVillage to West Haven
Road that would be used for more than an emergency access road, all
of the traffic from EcoVillage would. end up on Hector Street which
has already been identified as a traffic problem within the City.
Claudia Weisburd
addressed
the
Board and stated the
issue of
not
land locking the
parcel to
the
west of the proposed
35 acres
was
the
understood and could be addressed.
Group wanted some indication
of
Ms. Weisburd stated
now the Planning Board
that
members
felt
about the proposal.
Mr. Frantz stated that he had a concern regarding access. Mr.
Frantz stated that the. EAF shows that Mecklenburg Road carries
approximately 3,350 vehicular trips per day, however Hector Street,
in the City of Ithaca which many of these cars would drive over,
carries between 6,500 to 7,000 vehicular trips per day. Mr. Frantz
stated that Hector Street had been labelled as a neighborhood under
stress from too much traffic, with no current solution. Mr. Frantz
stated that unless there is an access from EcoVillage to West Haven
Road that would be used for more than an emergency access road, all
of the traffic from EcoVillage would. end up on Hector Street which
has already been identified as a traffic problem within the City.
Planning Board Minutes 6 October 4, 1994
Town Planner Jonathan Kanter handed out a drawing, entitled
"EcoVillage: Possible Alternate Secondary Access, Town of Ithaca
Planning Department (10/4/94) ," of a possible secondary access way
following the alignment of the proposed sewer line and then south
to Elm Street Extension, which he had thought of and asked the
Resident's Group how they felt about the possibility of following
that alignment for efficiency and savings regarding the development
costs.
John Bokaer- -Smith addressed
drawing Mr. Kanter submitted
standpoint, because it would cut
the
Board
and stated
discussed the drawing
that the
was
bad from
an
agricultural
for development.
through
access
the
middle
whether or not there
of a
field.
to
Board
The
Board.
discussed the drawing
submitted. by Mr.
Kanter and
acres
proposed.
the 30 acre
for development.
the
access
c,uestioned
which
whether or not there
were other alternatives
with regard
to
secondary
access
to the project. The Board. then discussed
the
Draft
of
Special
Land Use District
#8. (Proposed Special
Land Use
District
#8 is
attached hereto
as Exhibit #1)
Board
Member
Candace
Cornell suggested applying the SLUD to
just
the 30
acres
proposed.
the 30 acre
for development.
Board Member Gregory Bell asked why the access should not be
included in the SLUD.
Board Member Stephen Smith responded that it was a method of
confining where the development could. occur.
Town
Attorney
John Barney
stated
the issue of
require the
that the Resident's
Group
would. own
the 30 acre
SLUD with
the
access
in the R -30 zone
which
also has
rules and
development restrictions.
way systems
throughout
the Town of
Ithaca to
The Planning
to the 30
Board agreed
acres proposed. for
to limit consideration of the SLUD
development. The Planning Board
discussed
or not to
the issue of
require the
Park
ten
and Open Space reservation,
percent set aside at some point
and whether
in the
future. The Board. felt
that the
members of
Ecovillage
would take
advantage
of the parks
and
trail
way systems
throughout
the Town of
Ithaca to
avoid the use
of
vehicles,
The Board then discussed. the draft of SLUD #8 and, after some
discussion, it was determined that there needed to be some changes
in the language contained within the proposed. SLUD. The Board
decided that the Town Planner, Town Engineer, Town Highway
Superintendent, and Attorney for the Town should meet and discuss
modifications of the draft SLUD, and bring the revised draft back
to the Board for further discussion at the next Planning Board
meeting which would be held on October. 18, 1994.
There being no further discussion at this meeting, Chairperson
Kenerson duly closed this segment of the meeting at 9:32 p.m.
Planning Board Minutes 7 October 4, 1994
AGENDA ITEM: APPROVAL OF MINUTES - SEPTEMBER 20, 19941
MOTION by George Bayer, seconded by James Ainslie:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of September 20, 1994, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Bayer, Bell, Ainslie, Smith.
Nay - None.
Abstain - Finch, Cornell.
The MOTION was declared. to be carried.
EXECUTIVE SESSION
Board Member Herbert Finch MOVED that the Planning Board
retire to executive Session for pii.r.poses of discussion of a
litigation matter. The MOTION was seconded by James Ainslie. The
Chair called for a. vote with the following result.
Aye - Kenerson, Bayer, Bell,, Ainslie, Finch, Cornell, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
RETURN TO OPEN SESSION
Board Member Stephen Smith MOVED that the Planning Board
return to open session having discussed a litigation matter. The
MOTION was seconded by Herbert Finch. The Chair called for a vote
with the following result.
Aye - Kenerson, Bayer, Bell, Ainslie, Finch, Cornell, Smith.
Nay - None.
The MOTION was declared to be carried unanimously,
Planning Board Minutes 8 October 4, 1994
ADJOURNMENT
Upon Motion, Chairperson Kenerson declared the October 4, 1994
meeting of the Town of Ithaca Planning Board duly adjourned at
10:32. p.m.
Respectfully submitted,
Starr. Rae Hay's,
Recording Secretary,
Town of Ithaca Planning Board.
7.0/7/94.
DRAFT
August 30, 1994
DRAFT SPECIAL LAND USE DISTRICT # 8
Whereas a group of people joined in a Joint Venture to purchase land from EcoVillage at Ithaca, a
not - for -profit corporation, in order to develop an environmentally sound housing community; and
Whereas the group, now known as the First Residents Group, is in the process of forming a
Cooperative Housing Corporation under the laws of the State of New York, to be named the
EcoVillage Cohousing Cooperative, for the purpose of developing and owning such housing„ and
Whereas EcoVillage at Ithaca has agreed to sell a +/- 33 acre parcel of land from it's 176 acre parcel,
tax map numbers 28. -1 -26.2 and 28. -1 -26.8, to the Residents Group or it's successor Cooperative
Corporation, contingent upon approval by the Planning Board of the Town of Ithaca; and
Whereas the parcel to be created will include at least 100' of frontage along New York State Route
79, Mecklenburg Road; and
Whereas the project known as the EcoVillage Cohousing Cooperative models planning and
development in accordance with the goals and objectives of the Comprehensive Plan of the Town of
Ithaca;
Whereas the project will most particularly:
(a) Contribute to the variety of housing styles and patterns of development available in the Town
(b) Develop and model a neighborhood designed for pedestrians, with minimal traffic, attractive
landscaping, and safe play areas for children.
(c) Utilize clustering to create an aesthetic, quiet, and safe neighborhood space to help foster a sense
of community;
(d) Utilize interior acreage for housing, which will allow preservation of better agricultural soils,
avoid strip -type residential development along roadways, create a safer environment, preserve
existing rural character and existing views along roadways.
(e) Show how housing may be developed which conserves energy and water, by utilizing passive
solar designs, super - insulation, careful landscaping for wind protection, and low -flow water devices.
(f) Show how housing may be developed which conserves energy by building smaller individual
dwellings and concentrating otherwise- duplicated, energy - consuming spaces into a community center
or `common house.';
(g) Demonstrate how meaningful open space may be preserved in conjunction with construction of
new housing at ordinarily- permitted densities.
The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February
26, 1968, and thereafter further amended, be further amended as follows:
1. Article H, Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding
to the permissible districts itemized in said section a district designated as Special Land Use District
No. 8
Exhibit #1 1
10/4/94 PB Minutes
2. The uses permitted in this Special Land Use District No 8 are:
Any use permitted in a Residential District R -30
Community centers, also known as "common houses" are permitted, and may house
recreation, meeting, and dining space, children's play rooms, kitchen facilities, common laundry
facilities, accessory uses permitted in an R -30 zone, and/or other community space to be used
exclusively by the residents of the community and their guests.
Accessory uses permitted in an R -30 zone, which may be housed in the community center
3. This Special Land Use Districts permits Cooperatives, Condominiums, or Homeowner's
Associations. Regardless of the form of ownership, the number of dwelling units permitted shall be
the number permitted by applying the cluster subdivision regulations to the entire parcel under
consideration for approval.
4. Building permits shall be required for any construction. Such permits shall not be issued unless
and until the plans for the buildings and other improvements to be constructed on the premises have
been shown on a final site plan approved by the Planning Board, and any construction thereafter shall
be in accordance with said site plan as finally approved. In determining whether to approve the site
plan, the Planning Board shall employ the same considerations it would employ in approving a site
plan pursuant to Section 46 and 78 of this ordinance.
5. At the discretion of the planning board, and for the purpose of achieving greater building
concentration and thus greater land conservation, the minimum distance between buildings shall
follow the New York State Building Code, currently 5 feet, and the height of the buildings, from
lowest grade to roof peak, shall not exceed 40 feet. Chimneys or other accessory towers shall not
exceed 60 feet.
6. Ingress and egress to the property shall be via a new road to be constructed at the developers
expense from NYS Route 79 (Mecklenburg Road).
' The road may be privately owned provided that:
(1) The road is engineered and constructed to allow passage of emergency vehicles.
(2) Grade of the primary road is engineered not to exceed 6% grade.
(3) All Cooperative proprietary leases, Condominium or Homeowners Association
documents, or other agreements among owners contain suitable provisions for maintaining the road
to a standard which will allow unimpeded passage of emergency vehicles. at all times
(4) A sign be posted at the intersection of the private road and Route 79 indicating that the
road is not a Town Road
(5) No cul -de -sac be permitted in excess of 2800' and any cul de sac over 1500' be
considered temporary, subject to the following provisions:
(a) No later than 6 years from the date of the issuance of the first Certificate of Occupancy
on the parcel, the owner(s) of the road shall, at their cost and expense, eliminate any cul de
sac of greater than 1500' by any of the following means:
(i) Construct an internal loop road;
2
(ii) Construct a divided road consisting of the original primary road plus a parallel
secondary road, built to a point no further than 1500' from the cul -de -sac terminus of
the primary road; or
(iii) Develop a secondary access road to a point no further than 1500' from the cul de
sac terminus of the primary road, constructed and maintained to permit access by
emergency vehicles at all times.
(b) The Town shall not issue residential Certificates of Occupancy for more than 30 dwelling
units (1.5 duplexes) plus community center on the parcel unless and until conditions (i), (ii),
or (iii) above have been met, or have been waived by the Town of Ithaca Town Board.
The road may be constructed at the expense of the owner(s) and dedicated to the Town
provided that:
(1) The road is constructed or reconstructed to Town specifications developed and
engineered in cooperation with Town Engineer, except that the road will be accepted for dedication
without paving provided that it serves no more than 60 dwelling units. If the road does serve more
than 60 dwelling units, the requirement of paving shall be at the discretion of the Town Board.
(2) If paving is required by the Town Board, the road will be paved to Town specifications
(a) by the residents of the property at their own expense, or (b) by the Town, to be assessed to the
property owner or owners.
7. All the open space shown on the site plan will be owned, maintained, and the use thereof
controlled by a residents association or duly formed Cooperative housing corporation, primarily for
aesthetic enjoyment, passive and active recreation, and agricultural purposes.
8. Any construction for which a permit is granted shall comply with all applicable laws, codes,
ordinances, rules and regulations.
9. The area encompassed and rezoned in accordance with this local law to a SLUD is described on
Schedule A to this local law.
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