HomeMy WebLinkAbout1931-05-2654 AlkCA
SELECTMEN'S MEETING
MAY 26, 1931.
A regular meeting of the Board of Selectmen
was held at the Selectmen's Room, Town Office
Building at 7:30 P.M. Messrs. Trask, Custance,
Blake, Shannon and Gilereast were present. The Supt.
of Public Works and the Clerk were also present.
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Mr. Robert L. Ryder came before the Board in
reference to his letter that he did not believe the
Board understood the purpose of his application.
He stated that what he wanted was a permit to keep
500 pigs inside of the brood house. He stated that
he had informed three or four members of the Board
R. L. Ryder
what he wanted to do and invited them to come up
re pig
and to show them, but nobody had been there. They
application.
intended to keep these pigs on milk and by-products
and to feed swill to them only in the winter time.
They have an investment of $5000 in the building,
and he did not know what it could be used for if
not for a brood house. He stated that the Town
had won the law suit and they had the right to tell
him whether or not he could keep the pigs, but he
considered that they were farmers and have been
such for the past twenty years. He also stated that
60% of the Town was a farming community. If.the
building could be used for anything else, he stated
that he would be glad to have any member of the Board
advise him for what purpose he could use it. If
they have to discontinue the use of the building, they
would have to ask that"the Assessors abate the taxes.
Mr. Ryder stated that he talked with two members
of the Fury, and they informed him that they decided
the case on the arguments of the Town Counsel that
they were well eno.zgh off and could move their pigs
somewhere else. They have moved their pigs off to
comply with the decree of the Court. They are now
asking that they be allowed to keep 100 brood sows
inside of the house, and that they believed that in
doing so, they will be more within the law than
Swenson Brothers on the State Road. They have a farm
within 50 ft. of the State Road and there is an odor
from this farm.
He stated that there were two small indiscretions
by their employees which they admitted in. 'Court
and that was the reason that they lost the case.
He believed that at the rate the Town was going,
it would bk fitre to twenty years before the drainage
is taken care of, and for that reason he felt
that they were entitled to continue as farmers, and
felt thAt his request was reasonable.
The Chairman inquired if keeping 500 brood sows
would not mean that there would be possibly 1500 at
any onetime, and Mr. xyder stated that he would not
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Granfield
application.
discuss figures, but he intended to keep the rigs
inside the brood. house and not outside. He stated
also that he did not see why if their request were
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considered unreasonable, why Swenson Brothers, Mr.
Burnham and several other farmers of the Town were
not put out of business.
The Town Counsel discussed with the Board, the
proposition of Mr. Ryder, and informed them that if
permission were granted to Mr. Ryder now to operate
a piggery and he violates the terms of the permit,
that the Town would have to go to Court again and
go all th rough this case.
The Board voted to refer the matter to the
ChAirman to take up with the Town Counsel and
request Mr. Ryder to present a proposal to the Town
Counsel that would be agreeable to him, this
proposal to limit the time of keeping pigs on the
premises.
Letter was received from the Health Inspector
in regard to his examination of the premises of the
Ryder Stock Farm Inc. at 117 Waltham Street, in
which lab stated that he found there were 150 brood
sows on the premises most of which were in the large
brood house with small litters of pigs. The large
yard where the pigs are fed from platforms are not
being used at present. The conditions in the brood
house are about the same as they have been in the
past.
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At the Maple Street piggery, he i'4aand from
two - three hundred pigs and they were building
new feed platforms, evidently to take care of a
greater number than they have at present. There was
a small pile of garbage on the floor of the brood
house, otherwise the brood house was in fairly good
condition. Very few pigs were in the yards at
the time of his investigation.
At 8:05 P.M. joint meeting of the Board of
Appeals and the Board of Selectmen was held on the
application of William A. Granfield to install
two 1000 gallon gasoline tanks on his premises at
the corner of Marrett Road and Spring Street.
The Chairman read the notice of the hearing of the
Selectmen..
Mr. Baldrey, Clerk of the Board of Appeals, read
the notice of the 'hearing of the Board of Appeals.
Mr. Granfield presented a plan showing the
location of pumps adjacent to the building. He
gave a history of when he came to Lexington and
purchased the place that he now occupies. The
location is in the business zone. He stated that
at that time, he felt that this location was a
logical one for a gasoline station and roadside
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stand. The building had to be built of subbtantial
material and it cost him considerably more than he
expected it would. He stated that the Board two
years ago granted him a permit and revoked it without
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Granfield
application.
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giving him a hearing, and he is now asking that the
Board give him a renewal of the permit originally
given to him. He had been given the opinion that the
Board did not have any right to revoke the permit
without giving him a hearing and that he could take
the matter to higher officials. -\,He asked for a
permit toe rest the gasoline tanks in front of the
building, which, of course would be ,the best
location. Mr. Granfield stated that anyone who had
a complaint against him would complain for selfish
reasons. He did not intend to sell the place to a
Gasoline Company, but he wanted the two pumps in
connection with his store business.
He explained that there could be no objection
to the traffic at these pumps because people could
come in from Spring Street onto Marrett Road very
easily. He felt that the Board should renew the
permit; that the tanks were now in the ground and that
he took the pumps away. Accordin-r to the scale he
stated that the building was nearly sixty fee's from
the street.
The Chairman informed him that according to
scale it looked as though the building were about
twenty feet away. Mr. Granfield stated that the
Gasoline Company offered him $50. a month if he
would take down his building and have the tanks
where they were originally located. He stated that
the original permit granted him called for very
unreasonable terms, inasmuch as they called for
location of the pumps in back of the building. The
Standard Oil Co. represenia tive came there and
stated that it would be all right if he put the tanks
out in front. He stated that the reason the _permit
was revoked was that he did not put the tanks where
he was instructed'to put them.
Mr. Granfield stated that he had some of the
members of the Board down to view his premises and
they did not see how the tanks would interfere if
located where he proposed to put them. He stated
that he had just as much room outside his building
as most of the gasoline stations have. He stated
that he had the permit 'or': one :week a1 d during
that time he sold 1000 gallons of gasoline. He
took away the buildin that was located out front
which cost him about 9275 and gave it to Mr. Thomas
Whiting to take away. He did this because the
Selectmen Asked him to do it, and he did not
question their right to order it down. He stated
that his wife will soon return f rom teaching, which
she has been doing for 42 years, and he wanted some-
thing whereby he could make a living; he has a
tax of about $300.
Asked whether or not if the permit were granted
he would be willing to put the pumros back 20 feet,
he stated that he would.
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No other persons appeared in favor of the permit.
Mrs. Lillian Pratt, who owns the property adjoining
Mr. Granfield's, atated that Mr. Granfield was not
a man of his word and did not keep the promises he
made. She stated that he informed her that he would
take down the banking between the two places, and he
did not do it; if he did, it would benefit both of
them. This, he agreed'to before she lost her
husband. She stated that her insurance rates were'
high enough now and she felt that if a gasoline
station were granted there, that it would mean
higher rates on her insurance. She was trying to
make a living and did not want any more expenses.
Asked whether or not she was informed by an insurance
agent that her insurance rates would be higher, she
stated that she had not been Informed by an agent,
but she understood that they would be.
She stated that Mr. rranfield tried to hinder
her as much as possible and she had two small children
to earn a living for. She built her place in 1925
and keeps it open about ten week.. She had not tried
for a permit to sell gasoline,"but runs a little
restaurant.
Miss Cochrane, Spring Street, across from Mr.
Granfield's place, stated that the objected. They
have a sign across from them now advertising fried
clams and when they first went there to live, they felt
that they were building a place in the co.ntry and
there is such an odor from the fired clams that they
have to close their windows on hot evenings. She
felt that if.a gasoline station went in there that it
would be noisier than ever. They understood from
Mr. McIntosh that it would be all pripmate residences
around there, but after a while business started to
come in at the corner. Their house is located at
16 Spring Street.
Mr. George H. Lowe stated that he hesitated to
object to the neighbors, but felt obliged to take
issue with the petitioner. He stated that his house
was directly across the street and was established in
1782. He has a frontagd of 260 feet on Marrett`Road
and tried to keep his premises in good condition.
There are already various kinds of business there
such as victuallers and they have the noise from these
until after one o►clock in the morning. He was opposed
to the granting of a gasoline tank inasmuch as they
are now located within 700 feet to 800 feet to stations
on one side and two on the other, and there is one
almost directly across from the location requested by
the petitioner. There was a bus stop on Spring Street
where the school children get on in the morning,and off
in the afternoon, and he felt that the granting of a
permit of this kind would increase the danger to the
school children, and felt that there was no need of
any more gasoline stations.
He stated that as a matter offact, there was an
easement that the public rights would be inf rim7ed
upon if a permit for pumps were granted in this location.
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Connors
Piggery
He presented a plan of the property made in 1906 showing
the buildings which existed before Mr. Granfield pur-
chased the property and showed a 20 ft. street connect-
ing Spring Street with Marrett Road, forming a triangle
beyond that at the junction. He stated that this had
been a right of ,way for years and he did not believe
that the Selectmen had. any right to grant a permit to
obstruct the right of way. Mr. Lowe was familiar with
this location for half a century. He stated that
Mr. Payson informed him that this was a right of way,
qnd he 'believed that it was a matter for the Town Counsel
to look up.
Mr. Granf ield stated that Mr. McIntosh informed
him that his land went out to the corner point.
After the hearing was declared closed, the Board
of Selectmen discussed the apnlicati_on and felt that
the point brought up by Mr. Lowe was a private matter
for the partiesinterestedto straighten; out.
The Board now awaits the action of the Board of
Appeals on this application. The Board of Appeals
intends to discuss the matter at their meeting on
June 5,
The Town Engineer presented a sketch showing the
location of bhe buildings on the property of John N.
Connors located in Lexington; three of the buildings
were located entirely within the Lexington bounds and
the fourth building has the Lexington -Lincoln line
running through it.
The Chairman of the Board of Health of Lincoln
reported at the office that Mr. Connors had not been
granted a permit by them to keep pigs, owing to the -
fact that he did not cooperate with them. Mr. Connors
had built a building in Lincoln without obtaining a
permit and in their recent visit to the premises, they
discovered this fact.
Mr. Custance stated that he would like to view the
premises before taking any action on the matter, and
it was therefore laid upon the table for one week.
Report was received from the Health Inspector in
regard to the building said to be located in Lexington.
Mr. Prentiss stated that he went to his place and was
unable to talk with Mr. Connors personally, !He' talked
with him over the telephone and he denied that the
buildings were in Lexington. He stated that it would
be foolish to keep pigs in Lexington because he would
be unable to get a permit. He informed him that the
Board has instructed him to notify Mr. Connors
that this information was on hand and if it were true,
for Mr. Connors to discontinue operating a piggery in
Lexington.
Letter was received from Mr. J. L. Miles of
Meriam Street, who is interested in the convention of
the National Sojourners, who will pass through
Lexington on June 19th. He stated that inasmuch as
this is an organization of officers in the uniform
forces of ..the United States, that he felt the Town
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should be decorated with the flags as is customary
' on April 19th. The Board discussed the matter and
felt that there would be no end of requests for the
display of the flags if they granted this one,
and therefor felt that this should not be done in
this particular instance.
The Chairman was directed to communicate :with
Mr. Miles the sentiment of the Board, and inform him
that the Flags will be displayed on the municipal
grounds.
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Nat'l Sojourners
Convention.
The Clerk called attention to the fact that the Permanent
markers on the 48 flags fall off each year and that markers for
some permanent marker should be placed on the flags. flags.
Information was requested to be obtained upon the
price of furnishing such markers.
Masa. Ave.
as a through
way.
Gun, Hastings
Park.
Senior
Dance.
Old Age
Assistance.
The Chairman brought up the question of
considering Mass. Ave. as 'a through way. The Supt.
of Public Works stated that this matter had been
discussed previously and it was his understanding that
the State had to approve of through ways.
Mr. Custance stated that he would like to
get further information on the matter, and voted to
lay the same upon the table for the present, and the
matter was ref fered to Mr. Custance to report on.
Mr. Trask stated that he had received objections
to the location of the gun oh Hastings Pa --k., and
inasmuch as some of the members of the Board dial not
like the present location, it was voted to place
the gun at the Public Works Dept. awaiting such time
as tL decision is made as to a permanent location.
It was vot dd to grant the free use of Cary Mem-
orial Hall for the high school senior dance on June
12th. This dance is usually held after graduation,
but the School decided to hold it on a separate night
this ye ar.
The Clerk brought up the matter of establishing
a Bureau of Old Age Assistance and stated that
Richard Conant, Commissioner of the Welfare Dept.
of the State, advised at the meeting of the Welfare
Association that when there was a Board of five
Selectmen that three members be appointed as the Bureau
of Old Age Assistance. The law requires that there
be a distinction between.the Public Welfare Dept.
and Old Age Assistance and this distinction would
meet his* approval.
The matter was left with the Chairman to advise
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about the appointment of the Board. .
The Clerk reported an application for Old Age
Assistance from Frank A. Fogg, Grant St.
Masa. Ave.
as a through
way.
Gun, Hastings
Park.
Senior
Dance.
Old Age
Assistance.
Old. Age Assis.
It was voted to ,refer this matter to
the Old Age
application.
Assistance Bureau.
Messbs. Custance and
Trask reported
that they had
View
not had an opportunity to
view the lights
at Marrett
Lights.
Road and Mass. Avenue and
Bedford Street
and North
Hancock Street.
Letter was received from the Health Inspector
regarding the sanitary conditions of the roadside
stand of Harry Grafe of Marrett Road, complained
about by Mrs. E. Montgomery.
Tho Inspector reported that the sanitary conditions
were excellent and that the people were int elliErent
people and tried to avoid criticir,,m from the neighbors,
but the neighbor who complAined had been a source of
annoyance to them ever' since they had operated the
stand. He did not find anything to warrant the
complaint of Mrs. Montgomery.
It was left with the Chairman to r eply to
the complaintant about this matter.
Letter was received from the Selectmen's
Association in which they quoted the opinion of Mr.
SelectmensWaddell relative to the Selectmene l dues being paid.
Dues. by the Town. He ruled that the expenses were such that
could be paid out of the Sel ectmen�s appropriation.
No action was taken on this matter by the Board.
Viano
premises.
Viano
dump.
Mr. Cimtance reported in regard to Bow Street
that he had seen Mr. F. Viano and Mr. Viano was
agreeable to the agreement made by him under date of
July 23, 1930. Mr. Custance presented letter
which he had. written to Mr. Viano stating that the Town
would take off the front of the building; to the
ndw line of the street,relocate the door and window
on the street side, build a new chimeny on the north
side and put a flat trim on the cornice instead of
overhanging as it is at the present time, also
shingle the roof of the small building with standard
wesght asphalt shingles. He also advised him that
as soon as he gets in touch with the County Commissioners
on the layout, that the deed will be sent to him for
signature.
Mr. Custance also revorted that Mr. Viano agreed
to clean up the d=o in back of his premises, as his
attention was cal led to the fact that many complaints
have come in about the condition of this dump.
Mr. Custance also directed a letter to Mr.
Hr. Irwin's Irwin acknowledging his proposal for doing this work
proposal. for`Ir. Viano and informed him that at a later'date
the matter will be to ken up.
House Bill House bill #1552 was given to the Clerk by
X1552 Mr. BurnhAm, which showed that the proposed law in
regard to zoning, town planning and regula-;ion of
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billboards was referred to a special commission
to study with an appropriation of $2500.
Notice of a meeting to be held at the Hotel
Bancroft, Worcester, June 8th at 2 P.M' by toe
local Safety Committee on highways was received
by the Board. None of the members of the Board
intended to go to the meeting.
Mr. Custance called attention to the fact that
Lester E. Smith complained that the Ediso_i Co. employees
park their cars outside of the store all day long,
and that persons coming to his store are unable to
get ih.
The Board decided to write to the Edison Co.
asking them to see that their employees do not park
their cars there all day long, otherwise the Board
will have to make regulations limiting the parking to
one hour.
The following licenses were granted:
Safety
Meeting,
Golf - Robert L. Innis, Marrett Gardens
F. B. Bartlett & L. C. Fiarchild, 39 Bedford St.
Henry S. Moody, Cor. Pleasant St. & Concord Ave.
Undertakers - Arthur A. Marshall, 1844 Mass. Ave.
Thomas M. Montague, 21 Bedford St.
Alcohol - Anselm C. Mullin, 301 Mass. Ave.
Auctioneer - Jay 0. Richards, 31 Hancock St.
Sunday Sales - Clarence E. MacPhee, 16 Baker Ave.
The Chairman reported that he had a conversation
with Mr. Grindle about traffic protedtion to school
children at the Franklin School. Mr. Grindle informed Traffic
him that he wrote this letter at the direction of the protection
Xchool Dept. 'rile, however, was not able to offer any school
suggestion for handling the traffic there. The children.
situation of providing sidewalks appeared to be the
best protection fo the children.
No action was taken on the matter.
The Winchester Board of Selectmen came before
the Board to have a conference with the Board in
regard to the proposed highway -from Winchester to
Lexington which will connect up with the Lowell Street
section of Lexington.
They gathered from the County Commissioners
that the Town of Lexington was not in favor of this
layout, and for that reason they desired a conference.
They are very anxious to get something started on the
highway and have an a opropriation made this year and
they intend to make an a,!diti onal appropriation
next year.
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The Board. viewed the plans which have been formerly
Street, approved by them in the Engineerls Office and informed
Winchester the Selectmen of Winchester that they were still in
to Lex. accord with the plan before approved by them, but that
they did not believe that the Town of Lexington
would be ready for at least three years to come to
build any continuation of the highway into Lexington.
Water Main, Mr. Custance presented the proposal signed.,by
McCaffrey Mary J. & Helen A. Mc�affrey relative to the laying of
property. water main across their property between Mass. Ave.
and the standpipe, with some slight chan7es made by
their attorney.
In regard to the drain in the rear of the
Drain, property corner Marrett Road and Waltham Street,
Dwyer awned by Mr. Dwyer, where he intends to 'construct a
property. restaurant, Mr. Trask reported that this drain is now
being cleaned out and has been done he believes, as
far as Bridge Street.
The Susi . of Public Works stated that he wrote
Legion re a letter to the Board stating that;he had a request
use of play- from the American Legion to use the playground for
ground for the Legion field day to be held July 4th.
July 4th. The matter was left with the Supt. to work out
with the Supt. of Parks, so that there would be no
conflict with the holiday sports.
The matter of guard rails was again brou.ghtt o
Guard the attention of the Board. Mr. Scamman stated that
railse the guard rail on Lowell Street should be installed.
The Board therefore authorized the Supt. of
Public Works to erect the guard rail, about 600
feet, at 75� per foot, on Lowell Street.
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Report was received from the Health Inspector
relative to the drains and sewers from the ice-cream
plant of A. W. Partridge, corner of Marzett Road and
Waltham Street. He stated that he found that the
cesspool constructed was built with an 8 in. drain
coming out of the cesspool about four feet below
Condition
ground and draining directly into a catch basin at
Partridge
the end of the culvert under Waltham Street. All
ice-cream
sewerage going into the cesspool flows through the
plant.
drain and int- the brook, and it might just as well
be an open drain. He advised that the book beyond the
Partridge ice-cream plant be cleaned out as well as
the nae on the other side of Waltham Street, and that
something be done to stop the flow of sewerage into the
brook from the cesspool.
Mr. Custance reported that the Health Inspector
appeared to be satisfied with the work of fixing the
conditions on the Partridge premises' last year.
No further action was taken on the matter.
In regard to the drain in the rear of the
Drain, property corner Marrett Road and Waltham Street,
Dwyer awned by Mr. Dwyer, where he intends to 'construct a
property. restaurant, Mr. Trask reported that this drain is now
being cleaned out and has been done he believes, as
far as Bridge Street.
The Susi . of Public Works stated that he wrote
Legion re a letter to the Board stating that;he had a request
use of play- from the American Legion to use the playground for
ground for the Legion field day to be held July 4th.
July 4th. The matter was left with the Supt. to work out
with the Supt. of Parks, so that there would be no
conflict with the holiday sports.
The matter of guard rails was again brou.ghtt o
Guard the attention of the Board. Mr. Scamman stated that
railse the guard rail on Lowell Street should be installed.
The Board therefore authorized the Supt. of
Public Works to erect the guard rail, about 600
feet, at 75� per foot, on Lowell Street.
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Letter was received from
and Sewer Department in which
to the fact that the residents
desired a sewer.
It was decided to ad vi s e
matter will be taken up at the
The Supt. of Public Works
to the letter.
the Supt. of the Water
he called attention
of Lisbeth Street
these parties that the
next Town Meeting.
was authorized to reply
Letter was received from F. K. Bishop, 63 Quincy
Street, Medford, in which he called attention to the
fact that sometime ago he requested that water be
extended to his house on Gleason Road. This letter
had evidently been mislaid by the Water Department
and the water was not put in. However, Mr. Custance
reported that be had made arrangements to have the
water connected to his house and this work will be
started tomorrow.
Mr. Scamman stated that this would leave a dead
end and'the water should be taken up to Fuller Road
and then it would close in the dead end. This was
authorized by the Chairman.
It was voted to insert an article in the Warrant
for the next Town Meeting requesting a sewer in
Oakland Street,
The Chairman reported that Ernest K. Figenbaum
who applied for a position, was working out very
nicely as a working foreman.
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Request for
sewer.
Mr. Custance re_oorted in regard to the construc-
tion of Mass. Ave. by presenting a plan made by the
State Engineers, showing the layout of Mass. Aven from
Lake Street to Parker Street, and giving the drainage
problems which must be taken care of.
Mr. Custance explained these problems to the State
and stated that Mr. Fischer did not want the drainage
to go in on his place as it now does, and Mr. Custance
explained that this would no* be taken down Mass. Ave.
and sent out to the brook. The drainage will also be
taken from a point back o" the Mulliken property UP
to the brook. Mr. Custance had. figures on the estimated
cost of construction and informed the Board that
authority has now been given by the State to the Town
to do this work.
Request for
water,
Gleason Rd.
Warrant re
sewer, Oak-
land St.
Foreman.
Mass. Ave.
The Supt. of Public Works' attention was called
Water in
to the water which
stands in front of
the O'Connell
front of
house on Mass. Ave.
at the corner of
Winthrop Road.
O'Connell
Mr. Scamman stated
that it would cost
about $500 - $600
premises.
to carry the water
away, inasmuch as
there has always
been trouble there
when there is lots
of rain.
Mr. Scamman stated that it would cost about Fletcher Ave,
$5090 to install drainage in Fletcher Avenue. (drain.
East Lex.
playground
The attcxition of;_the Supt. of Public Works
was called to the fact that the playground in East
Lexington must be cleaned up.
Mr. Custance called attention to the fact that
Rubbish Sunday mornings, there is a great deal of rubbish
boxes. on the hi_rrhways and he felt that this should be5cleaned
izp or`that the Town should furnish rubbish boxes.:
,sidewalk The Supt. of Public Works was requested to get
work. together his figures for sidewalk work to be done
this year.
The weekly report of the Supt . of Public Works
was received.
The meeting adjourned at 11;40 P.M.
A true record, Attest:
CIrk .
# The Supt. of Public Wo-ks was requested to find
out the price of rubbish boxes and it was felt that
possibly one might be tried out to see whether or not
rubbish was placed in it.
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