HomeMy WebLinkAbout24571-zFORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
8outhold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z-25673
Date: 04/23/98
THIS CERTIFIES that the building ADDITION
Location of Property: 3235 MANHANMET AVE
(HOUSE NO.) (STREET)
County Tax Map No. 473889 Section 43 Block 1
GREENPORT
(HAMLET)
Lot 8
Subdivision Filed Map No. __ Lot No. __
conforms substantially to the Application for Building Permit heretofore
filed in this office dated NOVEMBER 19., 1997 pursuant to which
Building Permit No. 24571-Z dated DECEMBER 22, 1997
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is DECK ADDITION TO EXISTING ONE FAMILY DWELLING "AS BUILT" & AS TO
CONDITIONS OF ZBA #4492 DATED 10/9/1997.
The certificate is issued to WALTER & LORRAINE KLEIN
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
Rev. 1/81
N/A
N/A
N/A
FORM
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HAU.
$OtJ'~HOLD,
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETiON OF THE WORK AUTHORIZED)
2~571
Z
Date DECEMBER 22 97
Permlsslonls herebygrantedto:
PAT MOORE A/C WALT KLEIN
PO BOX 483
........ .....................................
.....
CONDITIONS OF ZBA APPEAL # 4492 10/09/97
5255 MANHANSET AVE GREENPORT
at premises located at ...............................................................................................................................
CountyTax Map No, 4,,7.:5889 Section 0~3 Block 0001 Lot No. 008
pursuant to application dated ..,..N.~,V,..E,,M.,,B,.E.,.R.,..,.~,?, ........................ 19 ...... ?...7. ..... and approved bythe
Building Inspector.
75. O0
Fee $ .........................
Rev. 6/30/80
A.
Form No. 6
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
765-1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
This application must be filled in by typewriter OR ink and submitted to the building
inspector with the following: for new building or new use:
1. Final survey of .property with accurate location of all buildings, property lines,
streets, and unusual natural or topographic features.
2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Sworn statement from plumber certifying that the solder used in system contains
less than 2/10 of 1% lead.
5. Commercial building, industrial building, multiple residences and similar buildings
and installations, a certificate of Code Compliance from architect or engineer
responsible for the building.
6. Submit Planning Board Approval of completed site plan requirements.
For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and
Vpre-existing" land uses:
Ii Accurate survey of property showing all property lines, streets, building and
unusual natural or topographic features.
2. A properly completed application and a consent to inspect signed by the applicant.
If a Certificate of Occupancy is denied, the Building Inspector shall state the
reasons therefor in writing to the applicant.
C. Fees
1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00,
Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00,
'" Additions to accessory building $25.00. Businesses $50.00.,
2. Certificate. of Occupancy on Pre-existing Buildin~ - $100.00
3. Copy 9f Certificate of Occupancy - = .~5~.
4. Updated Certificate of Occupancy - $50.00
5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00
.....
Date .... · ...............
Hew Construction ........... Old Or Pre-existing Building ..... '.~... ·
Location of Property ........ - ............................
House No. Street Hamlet
~...~Ae../K.~. ~. ~z~. . ~c~ ..........
Onwer or Owners of Property ...................................
~ B1 ~ / ~ot .... ~ .............
County Tax Map No 1000, Section .......... cc ...................
· Lot
Filed Map ..........
Subdivision ·
~ l ~t~rt~ ~-3-~' ~/
.~. ~ ~. .'~ :t~ .... . .. ... .. ..........................
Permit No ..... te Of Permit ...... Applicant.
Underwriters Approval .....
Health Dept. Approval ..........................
Planning Board Approval ......... /
Reques~ for: Temporary Certificate .......... ,. Final Certicate ...........
Fee Submit ted: $....~. ~.. .................... f~ ~ .-~
(K.a~c . 5 q 3 ~ 3 . . . . . . . .0' . .'('=:. .~ . ..............
CO :&O3G 7.3 APFLIC~
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
Fax (516) 765-1823
Telephone (516) 765-1802
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
April 13, 1998
Pat Moore
P.O. Box 483
Mattituck, New York 11952
RE: WALT KLEIN, 3235 Manhanset Ave., Greenport
1000-43-1-8
To Whom This May Concern:
We are unable to complete your Certificate of Occupancy
because of the following reasons:
XX An application for Certificate of Occupancy is
not on file. (Enclosed)
No Underwriters Certificate on file.
XX The check is (not on file.)$25.00
No Health Department Approval on file.
No final inspection has been made.
No Plumber Solder Certificate on file.
(All permits involving plumbing being
issued after April 1, 1984).
Thank you for
BUILDING PERMIT # 24571-Z DECK AS BUILT
Please contact our office on this matter.
cooperation.
SOUTHOLD TOWN BUILDING DEPT.
765-Z802
BUILDING DEPT.
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLBG.
[ ] FOUNDATION2ND [ ] INSULATION
[ ] FRAMING [/~] FINAL
[ ] FIREPLAC~E~ & CHIMNEY
REMARKS.'
APPEALS BOARD MElvlBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Terrors
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765~1823
Telephone (5 l 6) 765- 1809
October 14, 1997
Patricia Moore, Esq.
P.O. Box 483
Mattituck, NY 11952
Re: Variances for Klein Property
Dear ~re:
Please find enclosed a copy of the board's decision, adopted at
our October 9, 1997 Regular Meeting. A copy has today also been
furnished to the Building Inspector's Office as an update to their
initial Action of Disapproval and for use in the open building
permit application file.
Please be sure to amend your application for a building permit
with the Building Department to show the reductions and conditions
written in the ZBA determination.
Very truly yours,
Enclosure
Copy of Decision to:
Building Department
w_,inda Kowolski
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, Ir.
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Halt
53095 Main Road
P.O. Box 1179
Southold, New York 1197l
Fax (516) 765-1823
Telephone (516) 765- 1809
FINDINGS, DELIBERATIONS AND DETERMINATION
' REGULAR MEETING OF OCTOBER 9, 1997
Appl. #4492 - WALTER KLEIN PARCEL 1000-43-1-8
STREET & LOCALITY: 3235 Manhanset Avenue, Greenport
DATES OF PUBLIC HEARINGS: July 10, 1997; August 14,
September 25, 1997 (final hearing).
1997;
FINDINGS (PROPERTY FACTS):
DESCRIPTION: This property is located in an R-40 Residential Zone
District, being situate along the north side of Manhanset Avenue,
Greenport, and along the west side of a private right-of-way
referred to as "Gull Pond Road." This lot contains a total area of
6,821.29 sq. ft. and is improved with a 1-1/2 story frame, single-
family dwelling with sunroom, the "as built" deck in question, and
"as built" accessory frame garag~ also in question.
BASIS OF APPEAL: Building Inspgctor's Action of Disapproval dated
May 28, 1997, which reads as follows: "...under Article III-A,
Section 100-30A.4 Accessory structures are to be located in the
required rear yard and have a maximum height of 18 feet, or 17.5
fee[ confirmed by applicant ( - also see memo of Ed. Forrester).
Under Article IliA, Section 100-30A.3 of the Bulk and Parking
Schedule, "as built" structures exceed the maximum allowable tot
coverage of 20% (at) approx. 24.25% or by 292 sq. ft. Deck
addition "as built" at 8.3 feet from setback ROW is in violation of
15 ft. minimum setback established by ZBA Appeals ruling of
June 12, 1975, #2045. Under Article [IIA, Section 100-30A.3
normal required setback from ROW is 35 feet .... " '-
AREA VARIANCE RELIEF REQUESTED BY APPLICANT:
1. "As built" 576 sq. ft. accessory work-shop garage building,
substantially located in a front area facing a private right-of-way
to the east, with an "as built" nonconforming setback at 2.4 feet.
The height of this garage is confirmed by applicant's attorney to
meet tile maximum 18 ft. height requirement (average mean height
code defir~ition).
2. "As built" deck addition to existing dwelling. Applicant
modified plan for consideration by removing 157 square feet of deck
area, located on the north and east of the sun room. The removal
of the deck area, as indicated on the revised survey dated Septem-
ber 17, 1997 prepared by Joseph A. Ingegno, will reduce the
existing lot coverage from approx. 24.24 feet percent to not g~reater
Page 2 - October 9, t997
Appl. #4492:1000-43-1-8 (W. Klein)
S,.,uthold Town Board of Appeals
than 21 percent (exclusive of driveway and allowable 30 sq. ft. step
areas). The revised plan will also increase from 8 ft. 3 inches to
11 ft. 3 inches the setback of the remaining 6 ft. by 27 ft. 8 inch
deck to the right-of-way.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) In considering this application, the board finds that the
revised plans submitted by the applicant and relief requested therein
are the minimum necessary and adequate and at the same time will
preserve and protect the character of the neighborhood, and the
health, safets) and welfare of the community.
(2) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because the accessory garage has existed for more
than 15 years in its present location with no apparent ill affects on
the existing R.O.W. or surrounding properties. Removal of
approximately 50% of the existing deck area will decrease the degree
of nonconformity in relation to both lot coverage and setback from
the right-of-way.
(3) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because the size of the lot is extremely small, 6821 square feet in
area, and there is insufficient land area in the required rear yard
to locate the accessory garage. A cost estimate submitted by Arrco
Corp. to remove the garage was in excess of $10,000. Such
expense is unwarranted because the e:dsting location of the garage
is of minimal significance.
(4) The requested area variance is substantial, however, the
applicant's revised plans reduce the degree of existing nonconformity
in lot coverage and deck setback to the right-of-way.
(5) The proposed variance will not have an adverse effect or'4mpact
on the physical or environmental conditions in the neighborhood or
district because the revised plan will be an improvement that will
reduce the degree of nonconformity.
(6) The situation has been self-created because the prior owner(s)
failed to comply with the terms and conditions set forth in the Board
of Appeals ruling #2045 dated June 12, 1975, and subsequent ruling
~2781 dated March 5, 1981.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Chairman Goehringer, it was
[~ESOLVED, to GRANT the application as amended, SUBJECT TO
THE FOLLOWING CONDITIONS:
l. The deck area comprised of 157 sq.' ft./. on' the' north and east
sides of the sun room shall be removed within 90 'days, all in
Page 3 - October 9, 1997
App[. #4492:1000-43-1-8 (W. Klein)
Sou~hold Town Board of Appeals
nccurdance with the revised survey dated September 17, 1997,
prepared by Joseph A. Ingengo, Surveyor. No building permit,
certificate of occupancy or other town entitlement shall be issued
until this condition has been met.
2. The garage shall only be used as a non-habitable accessory
structure. In no event shall it be connected to the principal
single-family residence, nor shall it be occupied or used as a
separate dwelling.
3. The garage shall not be expanded or replaced unless it is moved
to a conforming area.
4. Access to the private right-of-way shah remain open 'at all times
and there shall be no parking of vehicles within the right-of-way.
5. Grant of this variance supersedes all prior decisions of ~he
Board of Appeals.
6. These conditions shall be permanently attached to the certificate
of occupancy (C.O.), a copy of which shah be provided to the
Board of Appeals within six months.
AYES: VOTE OF THE BOARD: /VIEMBERS GOEHRINGER, DINIZIO,
and TORTORA. (Member Doyen~m-~-~sent.) This ~lution was
/~_ GERARD P. GOEHRINGER, CHAIRMAN
/" Approved for filing
Ac [ions. all / 43 - 1-8
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
October 14, 1997
Patrieia Moore, Esq.
P.O. Box 483
Mattituck, NY 11952
Re: Variances for Klein Property
Dear ~-~oore:
Please find enclosed a copy of the board's decision, adopted at
our October 9, 1997 Reg-lar Meeting. A copy has today also been
furnished to the Building Inspector's Office as an update to their
initial Action of Disapproval and for use in the open building
permit application file.
Please be sure to amend your application for a building permit
with the Building Department to show the reductions and conditions
written in the ZBA determination.
Enclosure
Copy of Decision to:
Building Department
Very truly yours,
-[Xnda Kowalski
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortom
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 1197l
Fax (516) 765-1823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
REGULAR 'MEETING OF OCTOBER 9, 1997
Appl. #4492 - WALTER KLEIN PARCEL 1000-43-1-8
STREET & LOCALITY: 3235 Maahanset Avenue, Greenport
DATES OF PUBLIC HEARINGS: July 10, 1997; August
September 25, 1997 (final hearing).
14, 1997;
FINDINGS {PROPERTY FACTS):
DESCRIPTION: This property is located in an R-40 Residential Zone
District, being situate along the north side of Manhanset Avenue,
Greenport, and along the west side of a private right-of-way
referred to as "Gull Pond Road." This lot contains a total area of
6,821.29 sq. ft. and is improved with a 1-1/2 story frame, single-
family dwelling with sunroom, the "as built" deck in question, and
"as built" accessory frame garage also in question.
BASIS OF Ai~PEAL: Building Inspector's Action of Disapproval dated
May 28, 1997, which reads as follows: "...under Article III-A,
Section 100-30A.4 Accessory structures are to be located in the
required rear yard and have a maximum height of 18 feet, or 17.5
feet confirmed by applicant ( also see memo of Ed. Forrester).
Under Article IliA, Section 100-30A.3 of the Bulk and Parking
Schedule, "as built" structures exceed the maximum allowable lot
coverage of 20% (at) approx. 24.25% or by 292 sq. ft. Deck
addition "as built" at 8.3 feet from setback ROW is in violation of
15 ft. minimum setback established by ZBA Appeals ruling of
June 12, 1975, #2045. Under Article IIIA, Section 100-30A.3
normal required setback from ROW is 35 feet .... " '-
AREA VARIANCE RELIEF REQUESTED BY APPLICANT:
1. "As built" 576 sq. ft. accessory work-shop garage building,
substantially located in a front area facing a private right-of-way
to the east, with an "as built" nonconforming, setback at 2.4 feet.
The height of this garage is confirmed by applicant's attorney to
meet tile maximum 18 ft. height requirement (average mean height
code definition).
2. "As built" deck addition to existing dwelling. Applicant
modified plan for consideration by removing 157 square feet of deck
area, located on the north and east of the sun room. The removal
of the deck area, as indicated on the revised survey dated Septem-
ber 17, 1997 prepared by Joseph A. Ingegno, will reduce the
existing' lot coverage from approx. 24.24 feet percent to not greater
Page 2 - October 9, 1997
Appl. #4492:1000-43-1-8 (W. Klein)
S,.,ut. bold Tuwn Board of Appeals
than 21 percent (exclusive of driveway and allowable 30 sq. ft. step
areas). The revised plan will also increase from 8 ft. 3 inches to
11 ft. 3 inches the setback of the remaining 6 ft. by 27 ft. 8 inch
dock to the right-of-way.
REASONS FOR BOARD ACTION~ DESCRIBED BELOW:
(1) In considering this application, the board finds that the
revised plans submitted by the applicant and relief requested therein
are the minimum necessary and adequate and at the same time will
preserve and protect the character of the neighborhood, and the
health, safet~ and welfare of the community.
(2) The granting of the area variance will not produce an
undesirable change in charactor of neighborhood or a detriment to
nearby proporties because the accessory garage has existed for more
than 15 years in its present location with no apparent lil affects on
the existing R.O.W. or surrounding properties. Removal of
approximately 50% of the existing deck area will decrease the degree
of nonconformity in relation to both lot coverage and setback from
the right-of-way.
(3) The benefit sought by the applicant cannot be achieved by some
method, foasible for applicant to pursue, other than an area variance
bocauso the size of the lot is extremely small, 6821 square feet hi
aroa, and there is insufficient land area in the requirod rear yard
ko locate the accessory garage. A cost estimate submitted by Artco
Corp. to remove the garage was in oxcess of $10,000. Such
oxponso is unwarranted because the existing location of the garage
is of minimal significance.
(4) The requested area variance is substantial, however, the
applicant's revised plans reduce the degree of existing nonconformity
in lot coverage and deck setback to the right-of-way.
(5) The proposed variance will not have an adverse effect or'-impact
on the physical or environmental conditions in the neighborhood or
district because the revised plan will be an improvement that will
reduce the degree of nonconformity.
(6) The situation has been self-created because the prior owner(s)
failed to comply with the terms and conditions set forth in the Board
of Appeals ruling #2045 dated June 12, 1975, and subsequent ruling
#2781 dated March 5, 1981.
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the application as amended, SUBJECT TO
THE FOLLOWING CONDITIONS:
1. Tile deck area comprised of 157 sq. ft..(on'tlie' north and east
sides of the sun room shall be removed within 90 'days, all in
Page 3 - October 9, 1997
App[. #4492:1000-43-1-8 (W. Klein)
Sou~hold Town Board of Appeals
~ccerdunce with tile revised survey dated September 17, 1997,
prepared by Joseph A. Ingengo, Surveyor. No building permit,
certificate of occupancy or other town entitlement shall be issued
until this condition has been met.
2. The garage shall only be used as a non-habitable accessory
strncture. In no event shall it be connected to the principal
single-family residence, nor shall it be occupied or used as a
separate dwelling.
3. The garage shall not be expanded or replaced unless it is moved
to a conforming area.
4. Access to the private right-of-way shall remain open 'at all times
and there shah be no parking of vehicles within the right-of-way.
5. Grant of this variance supersedes all prior decisions of the
Board of Appeals.
6. These conditions shall be permanently attached to the certificate
of occupancy (C.O.), a copy of which shall be provided to the
Board of Appeals within six months.
AYES: VOTE OF THE BOARD: MEMBERS GOEHRINGER, DINIZIO,
and TORTORA. (Member Doyen~m~-~sent.) This j~lution was
Actions .a11/43-1-$
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, NewYork 11971
April 13, 1998
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
Pat Moore
P.O. Box 483
Mattituck, New York 11952
RE: WALT KLEIN, 3235 Manhanset Ave., Greenport
1000-43-1-8
To Whom This May Concern:
We
because
XX
Fax (516) 765-1823
Telephone (516) 765-1802
are unable to complete your Certificate of Occupancy
of the following reasons:
An application for Certificate of Occupancy is
not on file. (Enclosed)
No Underwriters Certificate on file.
XX The check is (not on file.)$25.00
No Health Department Approval on file.
No final inspection has been made.
No Plumber Solder Certificate on file.
(All permits involving plumbing being
issued after April 1, 1984).
BUILDING PERMIT # 24571-Z DECK AS BUILT
Please contact our office on this matter. Thank you for
cooperation.
SOUTHOLD TOWN BUILDING DEPT.
3. I,lulule of work (oheok ¥/hlch epplicnlHe): Now lhllllllnl,~ .......... Ad(lille, .......... ^lletnllon '. ..... . .~.~.
Itel)ail ........... ~ . . I~elliOvaJ ............. [)~loolJlJoll .............. OlJtel- WOlk .......... ,' . . ] .
'l. I;.slilnaled Cost ......................................
(lo I)e I)nl(J on IlJlnll Ihls nPl)lt(mflol'0 · ,
5. If clwellln[~, number ()IF dwellln[i ttlllis ............... Nltltll)ef of dwellln§ tllliJ$ Oll oath floor ................
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J ieJlJJlJ ............... Ntllll Itel' o£ Slolies ........................................................
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I I. Zo,e or'rise dlshlcl In which premises are sllualed .....................................................
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13. Will lei I)o relH'aded ............................ Will excess fill I)e r0moved from promises: Yes No
I,I. NalllO o[ Owtter et' I)relltl$0s .................... A(lill'ess ................... l)holle No ................
NalJlO o~ ^rchile~l ........................... A(l(h'esa ................... Phone No ................
NalliO et' Colth'a0Jor ,,, ~ ...................... Achlro$$ ................... J'holle No ................
ltl this t)ropet'l~y
PLOT DIAGRAM
i.¢)Clil~ clUalJ¥ allll (IJ$1htclly ell I)tllJ(linl~9, whelher 0xl$11,8 or propose(I, ell(I. In(lleMe all sel-I)nck (llmen$1ot~a hem
I)lOl)el Iv lines. Give $hcel and block mtlttJ)el or (les(rtl)riel) ncc()r(ling lo cleo(I, find show Bit'eeL liame$ fltt(I I,dhmle whellmr
inlctlor or corner Iol.
(Nam0 of htdlvl(hull siBnJlll~ contra(l)
Iio Is IIm
(Conhaclor, a§elll, corl)orale olflcer, elm) ,
el' said ()WllUr of owlmts, flli(J Js (hlly ntllhoHze(I lo perrorni or JlnVO i)eifol'tne(I (ho ~el(I work nmi lo Innko nmi Ille (his
alqdlmlli()n; that ali slalolllolllS coniahied hi Ihls al)l)llcnlloJl ale (tile Jo Ihe best ()fids knowl¢(Ige nmi belief; nn(I Ihal lira
wink will tm petfo]n~e(I In Ihe mnn,er sol to/Ih In Hie nplHIcalion
(,~tl;mHme, ()l nl~llliulutl)
· A.'.OVED AS,OTED
. /
N~I~.~NT AT
FOLLOWING IN,PErONe:
1 FOUNDATION - ~O REQUIRED
FOR POURED ~NCR~E
2. ROUGH . F~MI~ & P~MBING
3, INSU~ON
4, FINAL . CONStRUCTiON MUST
BE COMPLETE FOR
ALL CONSTRUCTION SHALL MEET
THE REQUIREMENTS OF THE
~'~-~TE CONSTRUCTION ~ EN~,RGY
helu~ duly swm n~(l~es N~
~'5~GN OR CONSTRUCT~O~ ERRORS
'IOWN ()F 8OU IIIO1-1)
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