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TOWN OF SOUTHOLD, NEW :PORK DATE ...J11X1P..;11 , 1979
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2549 Dated May 2 , 1979
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To OlOf Ne1SOri Appellant
3 East 85th Street
New York, New York 10028
at a meeting of the Zoning Board of Appeals on May 24 , 1979 the appeal
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to.property
( ) Request for'a special exception under the Zoning Ordinance
(. Request for a variance to the Zoning Ordinance
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
,granted ( ) be denied pursuant to Article ...............:.... Section . Subsection p P
ara a h
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8 :2 5 P.M. (D.S..T. ) Upon application of Olof Nelson 3
East 85th Street, New York, New York, for a variance in accordance
with .the Zoning Ordinance, Article III, Section 100-31 and Bulk
Parking Schedule for permission to build a house with insufficient
front yard setback. Location of property: Fishers Island, New York,
bounded on the north by Fishers - Island Sound; east by Leeson; south
by Private Road; west by West Harbor.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties. or unnecessary
hardship because
SEE REVERSE
(b) The hardship created (is). (is not) unique and (would) (would not) be shared by all properties
:.alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted •( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE : .
APPROVED
`O C�99 ZO ING BOARD OF APPEALS
FORM ZB4 `
Chairman BTardof Appealsj-
e
i
After investigation and inspection the Board finds that the
applicant is forced to reduce his front yard setback and side yard
setback to meet the requirments of . the .DEC in dealing with the tidal
wetlands and marshland conditions which surround the buildable por-
tion of this lot. The Board finds there are presently no .residences
within 100 feet of the property, and agrees with the reasoning of ,
the applicant.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicinity of the property and in the same use district;
and the variance will not change the character of the neighborhood
and will observe the spirit of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED that Olof Nelson, 3 East 85th Street, New York, New
York, be GRANTED permission to build a house with insufficient front
yard and side yard setbacks as applied for. Location of property:
Fishers Island, New York® bounded on the north by Fishers Island Sound;
east by Leeson; south by Private Road; west by West Harbor, subject
to the following conditions
(1) Approval of the Suffolk County Planning Commission.
Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, Doyen,
Tuthill and Douglass.
t Legal Notice of. Hearings -2- May 24 , 1979
8 :25 P.M. '(D.S.T.) Upon application of Olof, Nelson, 3 East 85th
Street, New York, New York, for a variance in accordance with the
Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule
.for permission to build a house with insufficient front yard setback.
Location of property: Fishers Island, New York, bounded on the north
.-by Fishers Island Sound; east by Leason; south by Private Road; west
by West Harbor.
8:40 P.M. (D.S.T. ) Upon application of Olof. Nelson, 3 East 85th
.Street, .New York, New York, for a variance in accordance with. Town
Law, Section 280A for approval of Access. Location of property: Fishers
Island, New York, bounded on the north..by Fishers Island Sound; east by
Leason; south by Private Road; west by West Harbor.
8 :50 P.M. . (D.S.T. ) Upon application of Puerto Verde Restaurant . .
-and Stirling Harbor Marina, Manhasset Avenue, Greenport, New York,
(Robert Ketcham, as agent) for a special exception in accordance with
the Zoning Ordinance, Article III , Section 100-30. C . 6 F. Location of
property; Main Road (State Road 25) , Greenport, New York, bounded on
the north by Long Island Sound; east by King and Abadiotakis; south by
Main Road (State Road 25) ; west by Rath.
Dated: May 14 , 1979 BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH' ONCE MAY 17 ,. 1979, and FORWARD SIX (6) AFFIDAVITS OF
.PUBLICATION TO: Board of Appeals, Town of Southold, Main Road, Southold,
New York, 11971 before May. 24 , 1979 .
Copies mailed to the following on May 14 , 1979 :
Thomas & Jacqueline. Occhiogrosso
,Frederick J. Tedeschi, Esq. a/c Mastrosimone.
Virginia Shector
James Righter a/c. Olof Nelson
Robert Ketcham a/c Puerto Verde Restaurant & Sterling Harbor Marina.
Sound; east by Lesson; south `
LEGAL NOTICE party with insufficient width by private Road; west by '
NOTICE OF HEARINGS and insufficient area. Loca- West Harbor.
Pursuant to Section 267 of Inlet Lane,
tion of property: 8:40. P.M. (D.S.T.) Upon
the Town Law and the provi- Greenport, New York,bound- application of Olof Nelson, 3 'OUNTY OF SUFFOLK. I
sions of the, Building. ed on the north by Clempner, East 85th Street, New York, ;TATE OF NEW YORK, ss
Zone Ordinance of the-To of east by Gull Pond; south by" New York, for a variance in
Southold, New York, public Conant; west by Private accordance with Town Law, r
hearing will be held by the. Section 280A for approval of
Road. . . . . .Troy. Gustav . being duly Sworn,
Zoning Board of Appeals at g:10 P.M. (D.S.T.) Upon Access.Location of property: ,
the Town Hall, Main Road, application of Virginia Shec- Fishers Island, New York,. ,
Southold, New York, Thurs- tor,200 East 16th Street, New
bounded on the north by Fish- ays that . . . . . . . , is Printer and Publisher„iof the SUFFOLK
day, May 24, 1979, on the York, New York, for a vari- ers Island Sound; Private 4 '
following appeals: ante in accordance with the Leason; south by 1EEKLY TIMES, a newspaper published at Gzeenport. in said
Road; west by West Harbor.
7:45 P.M. (D.S.T.) Upon Zoning Ordinance,Article III, 8.50 p.M: (-D.S.T.) Upon )linty; and that the notice, of which the annexed is �a printed
application of .Thomas and Section 100-31 and Bulk Park-
Jacqueline Occhiogrosso, 77 ing Schedule for permission to application of Puerto Verde
Vanderbilt Boulevard, Oak- divide property with insuffic- Restaurant and Stirling Har- spy, has been published in the said Suffolk Weekly Times
dale, New York, for a var- Tent width and insufficient bor Marina, Manhanset.Ave-
fiance in accordance with the area. Location of property: nue, Greenport,. New York, ,ce in each week, for . . . . . . .One . . . . . . . . . . . . weeks
(Robert Ketcham, as agent)
Zoning Ordinance,Article III, pine Neck Road,. Southold, 17th
Section 100-31 and Bulk Park- New York, .bounded on the for a special exception in ac- acessively commencing on the . . . :. . . . .
permission to north by Creek; east
ing Schedule for,p Jockey cordance with the 7,omng Or- 1''Iay ?
construct a dwelling with in- by Reinhardt; south by Pine dinance, Article III, Section of . . . . . . . . . . .4.--� 19.
sufficient front yard and insuf- Neck Road; west by.Norris 100-30 C. 6 F. Location of
ficient rear yard. Location of and Prout. property: Main Road (State , . , , . , . , . , . . .
property:Lot No.28 on Map of 8:25 P.M. (D.S.TJ U on Road 25), Greenport, New
apn tca inn o o _da York,bounded on the north by warn to before me this � �. ' .
Corey Creek Estates, South- con. Long Island Sound; east by •
old,New York. East 85th Street New f -/
7:55 P.M., (D.S.T.) Upon New yor , for a variance in King and Abadiotakis; south J.of
application of Elsie Mastro- accordance with the Zoning by Main Road (State Road lr
19
siinone and Richard Kurt Ordinance,Article III,Section 25); west by Rath. . . . . , , , . . . . . . . .
100-31 and Bulk Parking _Dated: May 14 1979 ' ' `
Mastrosimone,residing at In- Schedule for permission to BY ORDER OF
Green port, New ed Pe .G,
let Lane, THE SOUTHOLD TOWN
York (Frederick J Tedeschi, buhld a house with insufficient BOARD OF APPEALS r
EsO for a variance in accord- -front yard setback. Location NANCY R. DOUGT ASS
ante with the Zoning Ordin- of property: Fishers Island, lTM17-3220
ante, Article III, Section 100- _ -New YOM, bounded on the NOTARY PUBLIC,State of Now Y02k
30 and Bulk Parking Schedule north by Fishers Island ;tesiding in Suffolk County
for permission to divide pro- _. ______ _____
s CL';s. No. 52-6086%5
. commission Es.•pires Marcka 30,I9.
LEGAL NOTICE
NOTICE OF HEARINGS COUNTY OF SUFFOLK
Pursuant to Section 267 of the
STATE OF NEW YORK
Town'Law and the prgvisions of
the Amended Building Zone
Ordinance of the "Town of
Southold, New York, public Patricia Wood, being duly sworn, says that she is the
hearings will be held by the,,, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Zoning Board of Appeals at the, .'
Town Hall; Main Road, South- o public newspaper printed at Southold, in Suffolk County;
old,New York,Thursday, May and that the notice of which the annexed is a printed copy'
24, 1979, -on the following
appeals: has been published in said Long Island Traveler-Watch-
7:45-P.M. (D: Upon man once each week for / ......... weeks
application of Thomhom as and """""'•••••`••••••••••••••
Jacqueline Occhiogrosso, 77 7
Vanderbilt Boulevard, Oak- successively, commencing on the ..... 7..••••
m lel,New
a York,for a variance
day of ... .. .
' e with the Zoning Y -•••••„••••••••••••••.•..•.., 19....f:. .
Ordinance, Article iII, Section
{ 100-31 and Bulk Parking Sche- •.••.• •••
,dule for permission to construct
k..
a dwelling with insufficient
front yard and insufficient rear
yard. Location of property: Lot s
No.28 on'Map of Corey Creek
Estates, Southold, New York.
7:55 P.M.,(D.S.T.) Upon Swom to before me this 1Z .. day of
application of Elsie, Mastrosi- '
mone and Richard Kurt Mastro- ••• 19••.7-7
simone,residing at Inlet Lane,
Greenport, New York (Fred-
erick J. Tedeschi, Esq.) for a
variance in accordance with the
Zoning Ordinance,Article III, • ••.•.• •. •.••••a. _ •�
Section 100-30 and Bulk Park- Nota Public
ing Schedule for permission'to
divide property with insuffi- CLEMENT J. THOMPSON
cient width and insufficient B-01ARY_PUBLIC, State of New YgfjW
area.Location of property:Inlet ; No. 52-9321725
Lane, Greenport, New York, Residing in Suffolk County
bounded on the north by
Expires March 30, l98ti
Clempner, east by Gull•,Pond;
south by Conant; west by
Private Road.
8:10 P.M. (D.-S.T.) Upon
application of Virginia Shector,
200East16th Street,New York,
New York, for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-31 and Bulk Parking Sche;
dule for permission to divide
property with insufficient width 1
and insufficient area. Location
of property: Pine Neck Road,
Southold, New York, bounded
on the north by Jockey Creek; i
east by 'Reinhardt; south by
Pine Neck Road;west by Norris
and Prout.
8:25 P.M. D.S.Tjn3
Upon
a2plication of Olof N , 3
East 85th Street, NerkNew York, for a var inaccordance with theingOrdinance, Article III, ion100-31 and Bulk Parkihe-dule for.permission tod ahouse with insufficieontyard setback. Loca ofproperty: Fishers Islaew York,bounded on the byFishers Island Soured; byLeason;south by Privaad;
west by West Harbor.
8:40 P.M. (D.S.T.) Upon
application of Olof Nelson, 3
East 85th Street, New York, r1
New York, for a variance in
accordance with' Town Law,
Section 280A for. approval of
Access. Location of property:
Fishers Island, New York,
bounded on the north by
Fishers Island'Sound; east by
Leason;south by Private Road;
West by West Harbor.
8;50 P.M. (D.S.T.) Upon
application of Puerto Verde
Restaurant and Stirling Harbor
Marina., Manhanset Avenue,- .
Greenport, New York, (Robert
Ketcham,'as.agent)for a special
exception in accordance with
the'Zoning Ordinance; Article
III, Section 100-30 C 6. F.
Location 'of property: Main
Road (State Road 25), Green-
port'NewYork,bounded onthe
north by Long-Island Sound;,'
east by King and Abadiotakis;
south by Main Road(State Road
25); west by Rath.
Dated: May 14, 1979
BY ORDER OF
THE SOUTHOLD TO WN
BOARDOFAPPEALS'
1T,5/17/79(865)
a---
�T FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERIC'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
n
FileNo. .................. ......................................... Date ........................... '�.. . ....� �...... .. 19...
r O
Ile
To .... .............. ...� ..,... ... :�.
t• /7 9.2r PLEASE TAKE NOTICE that your application dated ............................ `:.. ....... 1
for permit to construct ....,w�f':.s: .:r�................at the premises located at ...................................
.�.f �.........
..... .�:`fY: ��.... Street
........................ ,. .. .. ..
Map ........... ................ Block ......�.............................. Lot ............................................... is
returned herewith and disapproved on the following grounds ..... :;:: :!:tj......?:' .........................
;.,j. ....�«t: ........ S. ....... ...:Z( /....................... ,:li.j .......�/..................
,.4 /r,. ... • y f. ........... .x�Jr•.n.. ..r.......... .......:n -��:;................. .. ...................
f !.. . .........r _`
.....................
•• l� �.� t),��_. •Ltt ;�y l.�f�'n�F � �• • ��i,t ��,-•f„? ,,..'i f�:"�:iti .a.l_
i"
ZY
_Building Inspector
TOWN OF :-SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO: �7
DATE .......MA'�
TO THE ZONING BOARD OF APPEALS; TOWN OF SOUTHOLD, N. Y.
1, (We) ... ... �?0 .......................of ...... ... 5.. .................................
Name of Appellant Street and Number
[".1 4!v.. .V1Wf ........... .. .y......9 `.. .'.C'.�... . ... OZLj.......HEREBY APPEAL TO
Munici alit $tote
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD nG IN PECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED .......... .. .'..1.... ...�. . ..............
WHEREBY THE BUILDING INSPECTOR DENIED TO
.................................................................................
Name of Applicant for permit
of
.... .E �y.Y" ..�? S •............. .t.4.�....1 :........... /.D v 2 �..........
Street and Number M nicipality� State
{� PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
Ke VJ CTJE*J 6?!'- SErPilrtle Lg,/A "hhj X5 D.)
1. LOCATION OF THE PROPERTY
Street Use District on Zoning Map
/vl ? t . . M. .
... . D I.P.."3.".L
apNo. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote tl�e Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
(V'j A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE doe to lack of access (.State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has) has no been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(V-e A Variance to the Zoning Ordinance
( )
is requested for the reason that
Form ZB1 (Continue on other side)
REASON FOR APPEAL f . Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or-unneces-
sary HARDSHIP because 'n. '[�D/f-L W i11.1�V'1J D5 �jV I L• t of (� S>�t'(31b�C.JL
M DU LA flit, 51 Tom. fbf-,,f}�ue r.- Nhc.L U,O s E49- To Me--
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because MOST' ` 1Z.OF99M66 .�
P or 5-je4wNWD OfJ v�.s PAY oA-u vu eA-ul-N vs
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER':OF THE DISTRICT because N�(Q��-�p�,j�.1 (o I+IUSE SI M"5
r
QAa
STATE OFNEW—Y--ORK ) =Lor— 1�0 rJ
,�/�
ss ............................... .................................................
COUNTY OF,�/ " ) ..Signature
Swornto this ............. . .............................. day of....... ....... ................................... 19
c../ .................
Notary ublic
i
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals 7 6 5—18 0 9.
f,
TOWN OF SOUTHOLD
TOWN CLERKS OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12—B, Sections 239-1 and m,
the . . . . Board. of.Appeals . . . . . . . . . . . . . of the town of. . .Southold . . . . . . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Olof Nelson
............... Amendment to the zoning ordinance 3 East 85th Street
New York,New York 10028
................ Zoning changes
................ Special permits Appeal No. 2549
......X........ Variances
Location of affected land: .....F;..5hQ:rS...1.S1And.,...NAW..X4X :....................................................:........
within 500 feet of: (check one or more)
.....X........ Town or village boundary line,or shore line
................ State or county road,parkway or expressway
................ State or county park or recreation area
................ Stream or drainage channel owned by the county or for which the county has established channel lines.
................ State or county owned parcel on which a public building is situated
Comments: Applicant was granted permission to construct his house with
insufficient front and side yard setbacks due to requirements imposed
by the Department of Environmental Conservation.
Date: .........MaY...2 5.j...197.9........
. .................................................................................
(signed)
...........Chairman.............................................
Title
Date received by Suffolk County Planning Commission ....................................:.............................................:.
File No. ................................
FOur
O e'r "'O N. L> RK
ttl
O�N$N OF AUTO 9
JUDITH T.TERRY FLCOL`' TELEPHONE
T ONN CLERK 6 (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
May 3, 1979
To; Sbutho.ld Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk.
Tranmittodc'herewith is Zoning Appeal No. 2549, application o;� Olof Nelson
for a variance. Also included is notification to adjoining property owner.
Robert Leeson, Jr. , 27 John Street, Providence,-R.I. 02.906.
udith T. Terry
JTT/bn Town Clerk
cc:file
Enc./
James Volney Righter
A r c h i t e c t
1/VL/L• 6'�+�+1� r
.114.6 Chapel Street New Haven Connecticut o65ii telephone 203 777-3212
!7EW' rOMC STn-E DEPIST 1ENT OF EIINIRON_`1EI.TAL C011SE111TATIOIN
Environmental ,1nalysis Unit
Building 40, SUNY
Stony Brook, .NY 11794
(516) 751-7900
Commissioner
Robert F. Flacke
James Righter
1146 Chapel Street
New Haven, Conneticut 06511
Olof S. Nelson
TWNL # 15279-0073
TIDAL WETLANDS NOTIFICATION LETTER APPROVAL
Dear Sir:
This is to inform you that we. have reviewed, the notification letter (or permit
application) filed. on 3/28 1979 and have determined that it will not be
necessary to file a permit application (or secure a tidal wetlands permit) to
construct a one family dwelling on parcel east of West Harbor, Fishers Island,
Town of Southold, Suffolk County, New York.
Assuming you have obtained all other necessary permits, you may proceed with your
project adhering to the special conditions (if any) found on this letter.
Home .must be at least 75' from edge of wetlands and/or mean high water:
Cesspools must be at least 100' from edge of wetlands and/or mean high water.
, L
V
Regional Permit Administrator
4/16/79
Date Issued
12/31/80
Expiration Date
cc: U.S. Army Corps of Engineers
NYSDEC, 3.,::iw Enforcement - Region I
" r
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
NOTICE
to the Board of Appeals of the Town of Southold
TO: (R690- I. f,519J, JIB.
a7 pow sT
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a Variance (the following relief:
6E5 i Y AS' 1.1
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: /111EL5&V UA)VfdZ COAM I- dJTI}( /W5 ACAC6a A)
3. That the property which is the subject of such Petition is located in the following zoning district:
1WSI01E1MAC 11157305-7-
4. That by such Petition, the undersigned will request the following relief: &NC-17 MU ME
FRAW My soda,-K (ass Diu sa) -m A -M(W MY 45' 506�
A3 f1T 466kT 96 wuSE dF ✓wrmS *77DAt a, ►Z,9,Vas seragecs.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sou ht by the under-
signed are: ?� 100 -?1 lft-k�WA FLE��ILZE1�'lF.1lj�
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Travel er-Mattitu c k Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices;that you or your representative have the
right to appear and be heard at such hearing. V6tw
QDated: e�- I�/Q'Y 1171 JA�MES K. 6HIW, �S
b S'T �w CT_
Petitioner �j 0650
Post Office Address rl� �' "
6LZF A,C-LSW
3 MST 66 TL
C. A)y
coaa8
PROOF OF MAILING OF NOTICE
NAME ADDRESS
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
�X'tEL AMWI 'kSE residing at� AIMARD S%,AfA) "1A, CT_ 06S11
being duly sworn, deposes and says that on the X day
of sY1z?'1/ , 19 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
ficg at N6V ;that said Notices were mailed to each of said persons by
certified mail.
Sworn to before me this L52e�
day of / , 19
Notary Public
OAMETTE C. CONROY
N&PARY PUBLIC,State of N.w York
sul'bp'4 Coil i IIo. S3-5998800
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