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APPEALS BOARD MEMBERS
Ruth D. Oliva. Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
.
Mailin&! Address:
Southold Town Hall
53095 Main Road. PO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold. NY 11971
http://southoldtown.nonhfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTH OLD
Tel. (631) 765-1809' Fax (631) 765-9064
FINDINGS AND DETERMINATION
MEETING HELD OCTOBER 5, 2006
RECEJV~D
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119A!-h,
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Sout~old Town (! ;!,
ZBA SE File No. 5940 - Peconic Bay Materials CTM # 113-14-10
Property Location: 260 Cox Neck Road, Mattituck (Heritage Harbor Filed Map, Lot 10)
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Limited
Business (LB) Zone District and contains a total area of 47,760 sq. ft. with 153.51 ft.
frontage along Cox Neck Road in Mattituck. The property is vacant and adjacent on the
north by a dwelling (R-80 Residential Zone), on the east by a parcel zoned R-80
RElsidential and another parcel zoned Limited Business, and to the south by properties
zoned Limited Business, Applicant's property is also shown as Lot #10 on the Map of
Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map #6853.
APPLICANT'S REQUEST/BASIS OF APPLICATION: A Special Exception under 100-
81 B(2) for a contractors business with storage and office areas. All parking and
screening will be determined by the Southold Town Planning Board as provided under
the Zoning Code site plan regulations for the Limited Business (LB) Zone District.
STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set
forth pursuant to Chapter 100 governing contractor uses by Special Exception review,
and on the basis of testimony presented and personal inspection, the Board finds:
1. A landscape contracting business is permitted in this LB Limited Business Zone
District under Section 100-81 B(2) of the Town Zoning Code, subject to special exception
authorization of the Zoning Board of Appeals. In this review the Board determines that a
contractor business use is in harmony with the zoning ordinance and will not adversely
affect the neighborhood when meeting the code requirements,
2. In addition, the Board has reviewed the General Standards governing Special
Exception uses set forth in Section 100-263 and finds that:
A) The use of the property as a Contractors Business Yard office and related
activities are similar to the activities already approved by this Board in a
previous decision made on September 11, 2003 (ZBA Application 5365) and
will not prevent the orderly and reasonable use in this zone district and
Page 2 - October 5, 2006 .
ZBA SE 5940 - Peconic Bay Materials
l' 3-14-10 at Mattituck
.
adjacent districts. The adjacent property on the north is improved with a
single-family dwelling, zoned R-80 Residential, on the east by a parcel zoned
R-80 Residential and another parcel zoned Limited Business, and to the south
by properties zoned Limited Business. Opposite Cox Neck Road is an existing
winery business also located in the Limited Business Zone District.
B) This use will not prevent orderly and reasonable use of permitted or legally
established uses in this zone district or adjacent use district.
C) The safety, health, welfare, comfort, convenience, and the order of the town
will not be adversely affected by the proposed use and its location.
D) The use will be in harmony with and will promote the general purposes
and intent of the code.
E) The use is compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly regarding
visibility, scale and overall appearance.
F) The structures, equipment and material will be accessible for
emergency protection.
In making this determination, the Board has also reviewed other matters under Section
100-264, and finds that no adverse conditions will result from this authorization:
A. There will be no adverse change in the character of the existing and probable
development of uses in the district and the peculiar suitability of such district for the
location of such permitted uses.
B. Property values will be conserved. A contractor's business in this LB Zone is a listed
authorized use in the Zoning Code, allowed by Special Exception approval from the
Board of Appeals and site plan approval from the Planning Board.
C. The location of the existing building will not cause traffic congestion on publiC streets,
highways and sidewalks.
D. There is availability of adequate and proper public or private water supply and
facilities for the treatment, removal or discharge of sewage, refuse or other effluent
(whether liquid, solid, gaseous or otherwise) as a result of this use.
Page 3 - October 5, 2006 .
ZBA SE 5940 - Peconic Bay Materials
l' 3-14-10 at Mattituck
.
E. The use or the materials incidental thereto will not give off obnoxious gases, odors,
smoke or soot. Outside storage of landscaping or construction debris is not permitted as
a condition to this Special Exception.
F. The use will not cause disturbing emiSSIons of electrical discharges, dust, light,
vibration or noise. Outside storage of landscaping or construction debris is not permitted
as a condition to this Special Exception.
G. The operations as a contractor business and yard will not cause undue interference
with the orderly enjoyment by the public of parking or of recreational facilities, existing or
proposed by the town or by other competent governmental agencies.
H. Off-street parking of vehicles incidental to the use and whether such space is
reasonably adequate and appropriate is subject to review and approvai of the South old
Town Planning Board under the site plan regulations.
I. There is no evidence to show that there will be any hazard to life, limb or property
because of fire, flood, erosion or panic by reason of or as a result of the use or by the
building to be used, or by the accessibility of the property or structures thereon for the
convenient entry and operation of fire and other emergency apparatus. There will not be
undue concentration or assemblage of persons upon such plot in the operations as a
landscaping business.
J. The use and the building location will not cause an overcrowding of iand or undue
concentration of population.
K. The plot area has been deemed sufficient, appropriate and adequate for this use.
L. The use is not unreasonably near a school, theater, recreationai area or other place
of public assembly.
M. The site is suitable for a contractors business and yard with related accessory uses
considering its size and the character of the neighborhood.
N. Concerns with respect to outside storage of debris has been addressed as a
condition of this Special Exception. No other evidence has been presented to show that
there would be any detrimental impact to adjacent properties and land uses.
O. Adequate provision has been made for the collection and disposal of storm-water
runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste
ge,1erated from this project.
Page 4 - October 5, 2006 .
ZI3A SE 5940 - Peconic Bay Materials
1 "13-14-10 at Mattituck
.
P. The natural characteristics of the site are such that the proposed use may be
introduced without undue disturbance or disruption of important natural features,
systems or processes and without risk of pollution to groundwater and surface waters on
and off the site.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Dinizio,
seconded by Chairwoman Oliva, and duly carried, to
GRANT the Special Exception for a contractor business as applied for, and
shown in the Affidavit of John Conte received October 5, 2006, and site plan
dated October 20, 2004 prepared by Barrett, Bonacci & VanWeele, P.C.,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. There shall be no outside storage of debris, such as large stumps or trees, or
construction debris.
2. Any temporary storage of stumps or other debris shall be removed from
premises;
3. The evergreens and cedars along the north side of the property shall be
permanently maintained.
4. A 6-foot high fence must be installed/maintained along the entire length of
the rear property line and southerly side property line.
5. The Board of Appeals reserves the right to review and inspect the property
concerning the operations as a contractor's business and concerning the
conditions of this Special Exception approval.
Any deviation from the variance given such as extensions, or demolitions which are not shown on
the applicant's diagrams or survey site maps, are not authorized under this application when
involving nonconformities under the zoning code.
This action does not authorize or condone any current or future use, setback or other feature of
the subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and
Page 5 - October 5, 2006 .
ZBA SE 5940 - Peconic Bay Materials
113-14-10 at Mattituck
Simon. (Member Weisman was abs
duly adopted (4-0).
.
during this Resolution.) This Resolution was
,(]
Ruth D, Oliva, Chairwoman 10/)'ij"/2006
Approved for Filing
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Affidavit
(J[T .)- 20011
I, John Conte, heing duly sworn. depose and state as iollows:
I. I submit this affidavit in support ofthc special use application f(Jr thc prcmiscs
knClwn as 260 Cox Ncck ReI" Mattituck, NY. Pursuant to your request at a public hearing
hcld on Septcmber 28,2006, I submit this affidavit to comply with your requcst to
providcd dctails on thc scopc oftbe busincss to be operated at the subject sitc.
J Business scopc: [will conduct business at thc site under the name of Peconic Bay
Materials. The business will design and install landscaping to privatc customers and
homes. The busincss will pcrform the following work:
Install and/or rcmovc landscaping.
Installation and/or rcmoval of, shrubs, bushes, trees.
Installation and/or rcmoval of drainage systems, grading, piping and drywells
Installation and/or rcmoval of lawns, topsoil, and topdressing.
Installation and/or removal of irrigation systems.
]. Thc above business would involve all that would be necessary to completc a
designed landscaping project from start to finish.
4. To accomplisb the above I would need the following Equipment:
Equipment to remove cxisting landscaping and drainage whcn necessary.
Landscaping tractor with grading attachments
kid loader
Landscape excavator
Ten wheel truck
Small dump truck
Landscaping trallcr to move equipmcnt
Utility trailer.
This equipment would be stored at the subject site.
S. To accomplish the above I would need the following Materials:
Sand, Stone and Mulch.
Thcse matcrials would be stored at the subject site.
.
.
() Fquiprnent and materials we would not have at the subject site, ?60 Cox Neck
Road:
Fquipment:
Cranes
Tub grinders
Large oversized equipment
Screening machines
Materials:
Compost, manure
Tree stumps
Branches
Cement or asphalt.
7. I am not looking t<lr relief trom previous conditions placed on this property but
merely supplementing the prior approved use to pennit the use of the subject premises as
a full service landscape contractor. I maintain and will continue to maintain off site
storage of materials.
8. Other items I intend to eomplcte: Install a stockade fence to the south (strip mall)
and cast, (large truck repair shop) at the request of the owners of those properties.
9. I would like to address the concerns made by the South side property owner
rc'!;arding the shrubs. Upon review of the survey of the property, previously provided to
the Board, I have detennined that the shrubs are actually on my propelty. After the
m,~eting before the Board, [ took digital pictures and have submitted them for your
re,iew. The photos show that there are no leaning trees or bushes on to the neighbors'
pr:lperty. It is my intention to always maintain the shrubs between my property and my
neighbors' properties.
10. I respectfully submit this affidavit in support of the application tor a special use
exceptIon, and trust this will allow you to complete your::.ssesrent of said applIcation.
, 1I!",~ yO" io ,"'woe< roo "'"" ,,,,,,,d,,,'oo ;o~' l"'{;vv- .
./' John Conte
Swom to bet(,rc me thIS S
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notary public /
THOMAS M. KERR JR.
Notary Public, State of New YOI~
No.01KEs085721
Qua/ifted In Suffolk County
Commlalon Elcpi", Sepl29, 2bo S'
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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, SEPTEMBER 28, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southord, the following public hearing will be held by the SOUTHOLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southord,
New York 119:11-0959, on THURSDAY. SEPTEMBER 28, 2006:
9:50 A.M. PECONIC BAY MATERIALS #5940. Request for a Special Exception under Zoning
Code Section 100-81B(2) to convert the existing use from a landscape contractor's yard
approved under ZBA No. 5365, to a contractor's business and yard, at 260 Cox Neck Road,
Mattituck; CTM 113-14-10. Zone District: LB Limited Business.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start earlier than designated above. Files are available for review during regular
business hours and prior to the day of the hearing If you have questions, please do not hesitate to
contact Our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: September 5, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
:\
.
#8037
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
.
SEP 1 9 2006
Dina Mac Donald of Mallituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly
newspaper, published at Mallituck, in the Town of Southold, County of Suffoik
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
-L-week(s), successively, commencing on the --1.Lday of September.
2006.
~~](Q(' JCfn;I{10~)
Principal Clerk
day of ~
Sworn to before me this
2006
14
~VDLlvJ1\1
NOlARY PUBLIC-STATE OF N~W yORK
No.Ol_V0610!.i):iU
Qualified In Suffoik CO\!~:y 2008
commission ExpIres Februar'l '
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FORM NO.3
NOTICE OF DISAPPROVAL
DATE: June 8, 2006
TO: Peconic Bay Materials (Pawlowski)
PO Box 30
Westhampton Beach, NY 11978
Please take notice that your application dated May 23, 2006
For pennit for to convert an existing landscape contractor's yard to an excavation contractor's yard at
Location of property: 260 Cox Neck Road. Mattituck. NY
County Tax Map No. 1000 - Section In. Block-.l!!
Lot 10
Is returned herewith and disapproved on the following grounds:
The proposed use requires special exception approval from the Southold Town Zoning site plan
approval from the Southold Town Planning Board.
You may now apply to these agencies directly.
c
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Planning Board, ZBA
.
.
Application N{), S']V!J,
Date Files:
I (WE) hereby apply to the ZONING BOARD OF APPEALS, Southold, New York for a SPECIAL
EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE itA) , SECTION '6 I i:2 I ~ )
Sl'BSECTION " t.,)\..;
Owner(s)(as applicant): ~p(:.e"'<, tj (l \~eo \>\\~_ .______ n~--
Mailing Address: il-..IaCL-. r C'''-. IL k ~ "--_~~,,-- D':(,_J letS L
Telephone: _~'3...L-._a-, '1 ~ - D '-II '-I
NOTE: lfapplicant is not the o'Mler, state if applicant is owner's attol1lcy, agent, architect, builder,
contract vendee, etc.
Authorized Representative: _______ _______.____.___.___ ______"
Address: __~ ~_~_~____~_______ ___ _.,,_
Telephone: ___..________~_____,________
SOUTHOLD TOWN BOARD OF APPEALS
Phone (631) 765-1809 Fax (631) 765-9064
APPLICATION FOR SPECIAL EXCEPTION
IUl 1 7 ZOOE
..--1Ul..
POI the below-described property for the following uses and purposes (and as shown on the attached plan _j
drawn to scale): (attach separate sheets if needed) ,.. _l~ A-' c "'0 . D rl V A'i'>
'--'cn\'~'~,-,,"<Oll--,::> D.J~ I Uv-6.S "" \ ''1''-'
A. Statement of Ownershin and Interest:
~. '0\"".\,:><7 ~ 11>.\- c, ____.___ .is (are) tbe owner(s) ofp\operty k,:'own
and referred to as., aloO CO:i- l..)pC'.'rV',,~_._~i:l..l<+u,' If ~-----L.2.'-t~~
(House No., Street, Hamlet)
identified on the Suffolk County T~x Maps -;s Districtwoo, Secti~;; JL3__, Block =FL,-~--:--
Lot(s) _LD__.__, which is not (Is) on a subdivision Map (Filed __ __.______, "Map of
---._-~- ~-~,__" Filed Map No. ~H_~._~_ ,and has
been approved by the Southold Town Panning Board on _______ _ _ .__ _ _ as a
[Minor] [Major] Subdivision).
The above-described property was acquired by the owner OIl______ ~_
B. The applicant alleges that the approval of this exception wonld be in harmony with the intent and
purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed
therefore in said ordinance and would not be detrimental to property or persons in the neighborhood
for the following reasons:
C. The property which is the subject of this application is zoned __._ J..B____ and
[)(i is consistent with the use(s) described in the Certificate ofOecupaney(copy attached).
[ 1 is not consistent with the Certificate of Occupancy being fumished herewith for the following
rcason( s):
[ ] is vacant land.
COFNTY OF SUFFOLK)
55.:
(~ _kl_ . ___
, Oo~
STATE OF NEW YORK)
SWOJl1)o before me this 1'1' day ow.~ Iy
.J.~al;J/ /-U'~~~ ~~'lfl~ ___
(NotLrY Public)
ZBA:~ (rev. 2/06)
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IIlAINTWANCE,ALT[R4T10N,SAlEOR
OISlRIllJTION OF ~NY POIlTiON OF THE
SlHOlYCOUNH HXloIAP1SPRONIBITEO
.,1NOLlTIRITTfNPERr.lIS$H)NOF1H[
REAl. "ROPERH H' SE~"C[ 'GH<CY.
lJSl..:TIIJ
1000
PROPERTY MAP
TOWN OF SOUTHOLD
BUILDING DtEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.netlSouthold/ PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLISl
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey_____________
Check
-...--....----.-.---
Septic FOnTI__________
N.Y.S.D.E.C.
Trustees
Contact:
Examined____ __, 20_
Approved ~~ 20
Disapproved a/c--fff6-----
Mail to:
-----.---------------
-----._- ---
Expiration_.________,20_
Phone:_~I_ "I' '7 f5 C,
.7S-S--'1'53C,
APPLICATION FOR BUILDING PERMIT
Date
b l-z~
, 20 0 to
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location oflot and of buildings on premises, relationship to adjoining premises or public streets or
areas. and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be ll:ept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or
Regulations, tt)r the construction of buildings, additions, or alterations or tor removal or demolition as herein described. The
applicant agrees to comply with an applicable laws, ordinances, building code, housing COd~, ard regulations, and to admit
authorized inspectors on premises and in building for necessary inspectionsaA J LA. .
, (Signature of applicant or name, if a corporation)
/2-1\-
)(}L-17)/~c.JA; n/f17TT...d.. t1'y
(Mailing address of applicant) 1 n ,...:'
State whe!her applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
GJA-J I
QA t.-Ll , ,w<;, k;
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
Name of owner of premises
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location ofland on which proposed work will be done:
~ 1.0 c.oX 'l\Jf!-u<" RJ
House Number Street
(rJ ITTTi ru <.. k.
Hamlet
County Tax Map No. 1000 Section I I '3-
Subdivision
Block I ~
Filed Map No.
Lot 10
Lot
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy LNJ4L\ s<.'tp~ - o...n It)"- ,J7;~
b. Intended use and occupancy rc..K:~oA - t" 177<- DjU.lJtlo,o~ - ov/!>1lJJt.
Addition
Other Work
'.i1"ZKAQX - /'1lt1Jlt<I~
;<:'7C..
Alteration -
I
3. Nature of work (check which applicable): New Building
Repair __ Removal Demolition
-=
(Description)
5. If dwelling, number of dwelling units t)
If garage, number of cars
'{77JMCj~
6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. ~I ~
Fee
(To be paid on filing thivPlication)
Number of dwelling units on each floor
4. Estimated Cost
.--
'7. Dimensions of existing structures, if any: Front 19 0 .
Height I i Number of Stories I
Rear
(po f
Depth Y2 '
Dimensions of same structure with alterations or additions: Front
Depth ~ Height - Number of Stories
Rear
.-
-
Depth -
S. Dimensions of entire new construction: Front
-
Height Number of Stories
..-
Rear
;=-0
I
9. Size oflot: Front I t{'-s" sJ
Rear r:J ~ 'l YV 1
Depth
2. '1Y/2.~-/ 2(,,1,1'<;'
,
10. Date of Purchase
Name of Former Owner
, .
II. Zone or use district in which premises are situated
L~
~2. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
l', --
;'i
,B. Will lot be re-graded? YES_NO_ Will excess fill be removed from premises? YES_ NO_
Phone No.
Phone No
Phone No.
Address
Address
Address
14. Names of Owner of premises
Name of Architect
Name of Contractor
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? 'YES NO
--
. IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? · YES NO
- -
. IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTYOPSJfT,J\t<::_)
~Jh 1\) F Co~. being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
lDf said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me thig,
:;2:5 day of /'1/j,/ 200 G.
~~.~.-
. Notary Public
j
j ~
Signature of Applicant
THOMAS M. KERR JR.
Nota'Y Public, Slate 01 New YOlk
No. 01 KE5085721
Qualified In SuftoIk~
Commission Exp/ree Sept. 2 ) 9
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