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Framingham Planning Board g~ I n /~
PERMIT FRAMINGHAM ' ~"r~'~~''~' j ~~~~
`~U~! — ~l (~ ~ ~- 4:6Memorial Building •Room 205 • 150 Concord Street
~ ,: ~~r~~ .~~~;
Framingham, MA 01702-8373 plan Uuild •grow ~~ µa~~~ ~ r~!' F! `''
(508) 532-5450 • planning [email protected] ~`~'^" -- ~ ~
Planning Board Members Planning Board Staff:
Christine Long, Chair Amanda L. Loomis, AICP, Planning Board Administrator
Lewis Cotten, Vice Chair Nathaniel Eames, Associate Planner
Victor Ortiz, Clerk Raphaela Morais-Peroba, Community Outreach Coordinat
or
Thomas F. Mahoney
Stephanie Mercandetti
FRAMINGHAM -PLANNING BOARD
Notice of Decision
Regarding the Application of Joseph Hardy
for the Property located at 1451 Concord Street
Decision dated June 8, 2017
On May 1, 2017, Joseph Hardy filed with the Planning Board and on May 1, 2017 the Planning Board
filed with the Town Clerk, an application for Minor Site Plan Review. The opening public hearing was
held on May 25, 2017; notice of the opening public hearing was published in "The MetroWest Daily
News" on May 10, 2017 and May 17, 2017 and mailed to parties of interest pursuant to the
Framingham Zoning By-Law and M.G.L. Chapter 40A. A continued public hearing was held on June 8,
2017
The project will consist of redevelopment of the interior of the one of the existing office unit spaces
and compliance with handicap accessibility. Off-street parking will be located within the existing off-
street parking lot and will not be modified as part of the project. The property is located at 1451
Concord Street, zoned General Manufacturing (M) and is listed as Framingham Assessor's Parcel ID:
060/30/9780/000
On June 8, 2017 the Planning Board APPROVED the application for Minor Site Plan Review for the
property located at 1451 Concord Street and a DECISION was filed in the office of the Town Clerk on
June 9, 2017.
Christine Long, Chair
FRAMINGHAM PLANNING BOARD
Any appeal from the Decision shall be made pursuant to G.L. Ch. 40A, Sec. 17 and must be filed within
twenty (20) days after the date of filing of the Decision in the office of the Town Clerk. The Notice of
Decision can be found in the MetroWest Daily Newspaper and on the Massachusetts Newspaper
Publishers Association's (MNPA) website.
Framingham Planning Board g~ I n /~
PERMIT FRAMINGHAM ' ~"r~'~~''~' j ~~~~
`~U~! — ~l (~ ~ ~- 4:6Memorial Building •Room 205 • 150 Concord Street
~ ,: ~~r~~ .~~~;
Framingham, MA 01702-8373 plan Uuild •grow ~~ µa~~~ ~ r~!' F! `''
(508) 532-5450 • planning [email protected] ~`~'^" -- ~ ~
Planning Board Members Planning Board Staff:
Christine Long, Chair Amanda L. Loomis, AICP, Planning Board Administrator
Lewis Cotten, Vice Chair Nathaniel Eames, Associate Planner
Victor Ortiz, Clerk Raphaela Morais-Peroba, Community Outreach Coordinat
or
Thomas F. Mahoney
Stephanie Mercandetti
FRAMINGHAM -PLANNING BOARD
Notice of Decision
Regarding the Application of Joseph Hardy
for the Property located at 1451 Concord Street
Decision dated June 8, 2017
On May 1, 2017, Joseph Hardy filed with the Planning Board and on May 1, 2017 the Planning Board
filed with the Town Clerk, an application for Minor Site Plan Review. The opening public hearing was
held on May 25, 2017; notice of the opening public hearing was published in "The MetroWest Daily
News" on May 10, 2017 and May 17, 2017 and mailed to parties of interest pursuant to the
Framingham Zoning By-Law and M.G.L. Chapter 40A. A continued public hearing was held on June 8,
2017
The project will consist of redevelopment of the interior of the one of the existing office unit spaces
and compliance with handicap accessibility. Off-street parking will be located within the existing off-
street parking lot and will not be modified as part of the project. The property is located at 1451
Concord Street, zoned General Manufacturing (M) and is listed as Framingham Assessor's Parcel ID:
060/30/9780/000
On June 8, 2017 the Planning Board APPROVED the application for Minor Site Plan Review for the
property located at 1451 Concord Street and a DECISION was filed in the office of the Town Clerk on
June 9, 2017.
Christine Long, Chair
FRAMINGHAM PLANNING BOARD
Any appeal from the Decision shall be made pursuant to G.L. Ch. 40A, Sec. 17 and must be filed within
twenty (20) days after the date of filing of the Decision in the office of the Town Clerk. The Notice of
Decision can be found in the MetroWest Daily Newspaper and on the Massachusetts Newspaper
Publishers Association's (MNPA) website.
A
Framingham Planning Board
Memorial Building •Room 205 • 150 Concord Street
Framingham, MA 01702-8373
(508) 532-5450 • [email protected]
Planning Board Members:
Christine Long, Chair
Lewis Colten, Vice Chair
Victor Ortiz, Clerk
Thomas F. Mahoney
Stephanie Mercandetti
General Proaerty Information
PERMIT ~ FRAMINGHAM ~~~,~~~g__ ~q .
plan •build •grow ~~ ~~'~~.~.w.,,
DECISION OF THE FRAMINGHAM PLANNING BOARD
ON THE APPLICATION OF 10SEPH HARDY
FOR THE PROPERTY LOCATED AT 1451 CONCORD STREET
DECISION DATED 1UNE 8, 2017
Project Number: PB-10-17
Property Address: 1451 Concord Street (1455 Concord Street)
Assessor's Information: 060-30-9780-000
Zoning District: General Manufacturing (M)
Application Information
Application(s): Minor Site Plan Review (Framingham Zoning By-Law: Section VI.F.)
Minor Site Plan Review filing information
• Date applications) were filed with the Planning Board: May 1, 2017
• Date applications) were filed with the Town Clerk: May 1, 2017
General Project Contact Information
Applicant Name: Joseph Hardy
Applicant Address: 299 Barber Avenue, Worcester, MA 01606
Project Contact Name: Alok Dhanda, 13 Fatherland Drive, Byfield, MA 01922
Property Owner: Concord Road, LLC, 48 Cornell Road, Wellesley, MA 02482
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Leal Ad &Public Hearing Information
Advertisement for Minor Site Plan Review:
o MetroWest Daily Newspaper run dates of the legal ad: (14 days prior) May 10, 2017 and (7 days prior)
May 17, 2017
o Date of abutter/7 Abutting municipalities/parties of interest mailing: May 5, 2017
o Date of opening public hearing: May 25, 2017
o Dates of continued public hearings: June 8, 2017
Applicant's Representatives in attendance at the Public Hearing(s): Alok Dhanda, Project Contact and
Joseph Hardy, Applicant
Planning Board members in attendance at the public hearing(s): Christine Long, Chair; Lewis Colten, Vice-
Chair; Victor Ortiz, Clerk; Thomas Mahoney and Stephanie Mercandetti
PLANNING BOARD PLAN APPROVAL INFORMATION
Date of Plan reviewed and approved by the Planning Board: April 25, 2017
1
Framingham Planning Board PERMIT FRAMINGHAM
Memorial Building •Room 205 • 150 Concord Street
Framingham, MA 01702-8373 plan •build •grow
(508) 532-5450 • [email protected]
~~ ~~~ ~`'~.- ,~~i
~i~3, ̀ ~~~ ~~~`~'' ~ ~ ~ jai~~F ~
~~~~~==1"~.
Planning Board Members:
Christine Long, Chair
Lewis Colten, Vice Chair
Victor Ortiz, Clerk
Thomas F. Mahoney
Stephanie Mercandetti
DECISION OF THE FRAMINGHAM PLANNING BOARD
ON THE APPLICATION OF JOSEPH HARDY
FOR THE PROPERTY LOCATED AT 1451 CONCORD STREET
DECISION DATED JUNE 8, 2017
General Property Information
Project Number: PB-10-17
Property Address: 1451 Concord Street (1455 Concord Street)
Assessor's Information: 060-30-9780-000
Zoning District: General Manufacturing (M)
Application Information
Application(s): Minor Site Plan Review (Framingham Zoning By-Law: Section VI.F.)
Minor Site Plan Review filing information
• Date applications) were filed with the Planning Board: May 1, 2017
• Date applications) were filed with the Town Clerk: May 1, 2017
General Project Contact Information
Applicant Name: Joseph Hardy
Applicant Address: 299 Barber Avenue, Worcester, MA 01606
Project Contact Name: Alok Dhanda, 13 Fatherland Drive, Byfield, MA 01922
Property Owner: Concord Road, LLC, 48 Cornell Road, Wellesley, MA 02482
Leal Ad &Public Hearing Information
Advertisement for Minor Site Plan Review:
o MetroWest Daily Newspaper run dates of the legal ad: (14 days prior) May 10, 2017 and (7
days prior)
May 17, 2017
o Date of abutter/7 Abutting municipalities/parties of interest mailing: May 5, 2017
o Date of opening public hearing: May 25, 2017
o Dates of continued public hearings: June 8, 2017
Applicant's Representatives in attendance at the Public Hearing(s): Alok Dhanda, Project Co
ntact and
Joseph Hardy, Applicant
Planning Board members in attendance at the public hearing(s): Christine Long, Chair; Lewis C
olten, Vice-
Chair; Victor Ortiz, Clerk; Thomas Mahoney and Stephanie Mercandetti
PLANNING BOARD PLAN APPROVAL INFORMATION
Date of Plan reviewed and approved by the Planning Board: April 25, 2017
1
PROJECT DESCRIPTION
The Project is proposed to be located within an existing multiple te
nant office building located at 1451
Concord Street, within the General Manufacturing (M) Zoning Distric
t. The project will include the
redevelopment of the interior of the one of the existing office unit space
s and compliance with
handicap accessibility. Off-street parking will be located within the existi
ng off-street parking lot and
will not be modified as part of the project. The tenant of the redeveloped
space will be Central Rock
Gym, which is a high-end bouldering gym facility for adults.
TECHNICAL REVIEW TEAM MEETING
On March 20, 2017, the Technical Review Team (TRT) reviewed the p
roject at 1451 Concord Street.
Minutes from the TRT Meeting are in the electronic and hard files for the
Project.
Technical Review Team Members Present: Steve Magri, Fire Department
; Mike Correra, Assessing
Department; Robert McArthur, Conservation Commission; Eric Johnson, D
epartment of Public Works —
Engineering; Chris Canney, Department of Inspectional Services (Building
Department); Marianne
larossi, Department of Community &Economic Development; Amanda L
oomis, Planning Board; and
Raphaela Morais Peroba, Planning Board.
Present for the Applicant: William Edy, Property Owner, Concord Road LL
C; Scott Hughes, New Dover
Associates; and Steve Nohrden, Burgess Properties
I:lye1:71►~Cel
The Framingham Planning Board held two public hearings for the pr
oject at 1451 Concord Street (1455
Concord Street). The public hearing for the Minor Site Plan Review
application opened on May 25, 2017, and
a continued public hearing held on June 8, 2017. Planning Board me
mbers present during the public
hearings) included: Christine Long, Chair; Lewis Colten, Vice-Chair; V
ictor Ortiz, Clerk; Thomas Mahoney;
and Stephanie Mercandetti. During the course of the public hearing
process the following individuals
appeared on behalf of the Applicant: Alok Dhanda, Project Contact,
and Joe Hardy, Central Rock Gym
Summary of Minutes
Mr. Dhanda presented the project to the Planning Board, which inc
luded a summary of the off-street
parking, site circulation, proposed renovations to the building, and th
e operations of Central Rock Gym.
Mr. Dhanda noted that the site contained approximately 79 off-stree
t parking spaces, the other users of
the office units located within the multi-tenant office building requir
e approximately 24 off-street parkin;
spaces, therefore, leaving approximately 55 off-street parking spaces
for the gym to use. Mr. Dhanda
stated that if the gym were required to provide all of the required of
f-street parking, then the site would
be required to redevelop the off-street parking lot to provide more o
ff-street parking spaces. Mr. Dhand~
noted that the total number of users of the gym at one time is appr
oximately 100 people and therefore
existing on-site parking is adequate for the use. Mr. Hardy provided
an overview of the proposed rock g'
and the operations of Central Rock Gym.
The Planning Board provided the following comments:
• On May 25, 2017, Ms. Long requested clarification regarding the heights
of the walls. Mr. Hardy
stated that the walls varied between 16' to18' in height. Ms. Long further sta
ted that she did
not feel that the project would be a major traffic generator or negatively affe
ct the area.
• On May 25, 2017, Mr. Ortiz requested clarification regarding handicap ac
cessibility.
• On May 25, 2017, Mr. Colten requested clarification regarding access to
the building in the
event of an emergency. Further, Mr. Colten stated concerns regarding the l
ack of a photometric
plan and therefore, requested that the Applicant provide a photometric pla
n for review.
• On May, 25, 2017, Ms. Mercandetti requested clarification regarding the
off-street parking
area. Ms. Mercandetti further requested information regarding membership
vs. drop in visitors
use of the facility.
On May 25, 2017 and June 8, 2017 the Planning Board opened the floor for p
ublic comment. Public
comment was made on May 25, 2017.
All Planning Board meetings are captured in video and written meeting minut
es format. All records of
the meetings are available for review upon request.
FINDINGS
Having reviewed the application, plans, and reports filed by the Applicant and
its representatives;
having considered the correspondence from the Board of Health, Departmen
t of Inspectional Services
(Building Department), Department of Community &Economic Development
, Police Department, and
Department of Public Works. Specifically, the Planning Board makes the follo
wing findings:
1. Standards for Off-street Parking— Zoning By-law, Section IV.B
a. The off-street parking spaces are 9' wide by 18' in length.
b. Section IV.B.1.a.6 requires one off-street parking space per three occupants.
The Applicant
has stated that the occupancy of the gym will be approximately 100 people.
Therefore,
requiring approximately 34 off-street parking spaces.
c. The existing multi-use office-building tenants currently require 24 off-street
parking spaces.
The site currently contains 79 off-street parking spaces. The Applicant will uti
lize the
remaining 55 off-street parking spaces.
d. Pursuant to Section IV.B.7 the project is required to provide a total of two
bicycle parking
spaces per ten off-street parking spaces. Therefore, the Applicant will be req
uired to
provide four bicycle racks that accommodate eight bicycles.
e. In the event that additional off-street parking is required, there is additional
area behind
the office building.
f. The Applicant will provide directional signage for the Central Rock Gym to dir
ect visitors to
the correct off-street parking area and the main entrance of the gym.
g. The Applicant agrees to require members of the gym to park in the off-st
reet parking lot
and not on the street.
2. Section VI.F Minor Site Plan Review
Retain Community Character (Section VI.F.6.a)
1. The proposed project is consistent with the land use objectives of the nei
ghborhood.
The multi-use office building is located within close proximity of a business
center,
located within an office complex, and nearby to residential neighborhoods.
2. The handicap accessibility renovation is limited to building envelope and not to
site. The tenant
suite main entry door will be provided with push-n-go type door operator, as there
is inadequate maneuvering clearance around the door. However, the exterior site
access is
existing and has handicap curb cuts etc.
3. The closest rock climbing gym to the area is Worcester, Cambridge, and
Boston, with the
exception of the limited rock-climbing wall at a local recreational retailer.
4. The fitness facilities predominate usage is after 6:00 p.m. A majority of th
e other
tenants within the multi-use office building close approximately around 5:0
0 p.m.
Therefore, the addition of the fitness facility would be complimentary to th
e other
tenants' off-street parking usage.
b. Traffic, parking, and public access (Section VI.F.6.b)
1. The existing off-street parking area contains approximately 79 off-street p
arking spaces.
Said off-street parking spaces are utilized by all of the tenants of the multi-
use office
building, of which existing tenants use only 24 off-street parking spaces. Th
erefore, the
gym will be able to utilize 55 off-street parking spaces.
2. The project's predominate hours of use will be from 6:00 p.m. to close
at 11:00 p.m.
Although the gym will be open prior to 6:00 p.m. a majority of that time will
be used by
employees for cleaning, training, and limited membership use.
3. The Applicant does not expect to significantly increase the traffic within
the area. Given
that predominate hours of use are outside of traditional peak commuting h
ours.
4. The Applicant will provide four bicycle racks that accommodate eight bic
ycles. The
Applicant can provide additional bicycle racks, but is only required to provide
four at this
time.
5. The mouth of the driveway entrance is approximately four lanes of traf
fic wide with a
center triangular island dividing the four lanes in half. The site does not curr
ently have a
"STOP" sign at the intersection of the property and Concord Street. The App
licant shall
install a "STOP" sign at the intersection of the property driveway and Conco
rd Street.
6. Concord Street contains sidewalks within the area of the project on the e
ast side of the
street, which is the same side as the project. Due to the excessive width of th
e driveway
entrance at the intersection of Concord Street. The Applicant shall install a
crosswalk
across the driveway entrance to allow for safe crossing of the driveway.
7. The Applicant agrees to provide directional signage to visitors to the gym
since there are
multiple buildings containing multiple uses within the 1451-1455 Concord St
reet Office
Park. Furthermore, to ensure the safety of all users the Applicant agrees to
install a
"STOP" sign at the exit of the 1451 Concord Street parking lot where it merge
s with the
main driveway.
4
Environmental Impact (Section VI.F.6.c)
1. No modifications to the existing off-street parking lot are proposed, nor is an i
ncrease in
impervious surface area associated with the project.
2. In the event that the Applicant modifies the parking lot, then the applicant will ma
ke all
best efforts to utilize the use of Low Impact Development (LID) and Best Managem
ent
Practices (BMP) features.
The Applicant will consider solar and alternative energies to power the facility.
d. Health (Section VI.F.6.d)
1. The project is not expected to create a hazard to abutters, vehicles, and/or ped
estrians.
2. The project is not expected to create any adverse air-quality impact, noise, gla
re, and
odors.
3. The Applicant has received a copy of the Board of Health's letter of correspon
dence
dated June 1, 2017.
4. The addition and/or use of a dumpster shall be stored in an enclosed fenced ar
ea.
e. Public services and utilities (Section VI.F.6.e)
1. The Applicant agrees to comply with the Department of Public Works (DPW) l
etter of
correspondence provided on May 23, 2017. Accordingly, the Applicant shall compl
y with
the standard DPW requirements for such services.
Land Use Planning (Section VI.F.6.f)
1. The proposed project is consistent with the goals of the Framingham Zoning B
y-Law and
the Master Land Use Plan. In the future, the Applicant may consider working with
the
landowner and the Town to establish a connection between the Cochituate Rail Tr
ail
and the property to establish future non-vehicular connections.
2. The Applicant will consider the information provided in the correspondence re
ceived
from the Department of Community &Economic Development, dated May 25, 20
17.
Such correspondence requests that the Applicant consider additional walkways fr
om
Concord Street to the multi-use office building for non-vehicular connections.
CONDITIONS OF APPROVAL
The Planning Board finds that the Application and Plans submitted by the Applicant
comply with all
applicable provisions of Framingham's Zoning By-Laws relevant to this review. Acco
rdingly, the
Planning Board votes are pursuant to relevant provisions of these By-Laws. Therefor
e, said approval
from the Planning Board is subject to the following conditions:
1. Following notice to the Applicant's project manager for the Project, members or
agents of the
Planning Board shall have the right to enter the Site and to gather all information,
measurements, photographs or other materials needed to ensure complian
ce with this
approval. Members or agents of the Planning Board entering onto the Site for the
se purposes
shall comply with all safety rules, regulations and directives of the Applicant and the
Applicant's
contractors.
5
2. The Applicant shall record this Decision with exhibits) at the Middlesex
South Registry of Deeds
prior to the issuance of a building permit, after the required appeal pe
riod has lapsed in
accordance with MGL, Chapter 40A, Section 17. The Applicant will submit
proof of recording to
the Planning Board.
3. This approval for Minor Site Plan Review shall lapse three years from the da
te that the Decision
is recorded at the Middlesex South Registry of Deeds, not including s
uch time required to
pursue or await the determination of an appeal from the grant thereof
, if a substantial use
thereof has not sooner commenced except for good cause as determi
ned by the Planning
Board.
Site Design
4. Parking pavement markings shall be in white. Fire zone and traffic markin
gs shall be as per the
applicable code.
5. Any dumpster or dumpster enclosure shall be closed and locked except
for when trash deposit,
removal, and pickup operations are in use.
6. The Applicant shall construct all improvements in compliance with
all applicable state and
federal regulations with respect to the design of any architectural acces
s features required
under the Americans with Disabilities Act (ADA) and with 521 CMR Archi
tectural Access Board
Rules and Regulations, subject, in each case, to any waiver or other simil
ar relief the Applicant
may obtain.
Site Construction
7. The Applicant shall perform daily cleanup of construction debris, inc
luding soil, on municipal
streets within 200 yards from the entrance of the site driveways, caused by the site
construction.
8. Any work within the public right of way shall be required to have a
police detail during the
duration of said work for the purpose of public safety.
Snow Storage/Sidewalk/Bicycle Parking/Walkway
9. Snow storage shall not obstruct sight lines so as to preserve public safety
.
10. Snow storage shall be on-site in the snow storage areas not located w
ithin off-street parking
areas. The Applicant must remove excess snow from the site as may be
deemed necessary
within forty-eight hours after the snowfall ends, in the interest of public safe
ty.
11. The Applicant shall provide handicap accessible ramps at the access dri
ves and the intersection
of Concord Street and the driveway, along with crosswalks in both locatio
ns, if the
12. The Applicant agrees to install a minimum of four bicycle racks (to accom
modate eight bicycles)
within the property. Said bicycle racks shall not be installed with off-stre
et parking spaces or
impede vehicular and pedestrian movements.
Special Provisions/Periodic Conformance Reporting and Review
13. The Applicant agrees to install a "STOP" sign at the intersection of the driveway and Concord
Street and the off-street parking lot and the main driveway. All signs and pavement markings to
be installed within the Project site shall conform to the applicable standards of the Manual on
Uniform Traffic Control Devices (MUTCD).
14. If any security cameras are installed on-site, such cameras shall provide 180 or 360 degree
views of the area. The Framingham Police Department shall have access to the security cameras
to the extent permitted bylaw.
15. Applicant shall comply, in all material respects, with all directives requested in the
correspondence from the Department of Public Works dated May 23, 2017.
16. In the future, if the Applicant constructs pathways between the property and the Cochituate
Rail Trail, or onto the property from Concord Street. The Applicant shall just seek approvals
from the Building Department and the appropriate landowners.
7
WAIVER REQUESTS
The Applicant requested waivers from the following submittal items pursuant to Sections 21.1.1.2, 5, 7, 9, 10,
and 21.1.2.1, 5, 6, and 21.1.3 of the Framingham Planning Board Rules and Regulations, and Section VI.F.4.a
of the Framingham Zoning By-law.
The Planning Board voted five in favor, zero opposed, and zero in abstention to grant the requested
waivers pursuant to Sections 21.1.1.2, 5, 7, 9, 10, and 21.1.2.1, 5, 6, and 21.1.3 of the Framingham Planning
Board Rules and Regulations and Section VI.F.4.a of the Framingham Zoning By-Law. Stephanie
Mercandetti seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
Request for Waivers
Christine Long .................yes
Lewis Colten...........yes
Victor Ortiz ......................yes
Thomas Mahoney ................yes
Stephanie Mercandetti ..................yes
VOTES
The Planning Board voted five in favor, zero opposed, and zero in abstention to grant an approval
with conditions for a Minor Site Plan Review for the redevelopment of the interior of the one of the
existing office unit spaces and compliance with handicap accessibility. Off-street parking will be
located within the existing off-street parking lot and will not be modified as part of the project for
the property located at 1451 Concord Street. Stephanie Mercandetti seconded the motion. The
Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
Minor Site Plan Review (Section VI.F)
Christine Long .................yes
Lewis Colten...........yes
Victor Ortiz ......................yes
Thomas Mahoney ................yes
Stephanie Mer~~etti ..................yes
Stine Long, Chair, Framingham Planning Board
Date of Signature: June 8, 2017
~•~
Not attached unless indicated
The Applicant has filed with the Planning Board various plans and reports required under the
requirements of the Framingham Zoning By-Laws. During the review process, the Applicant and its
professional consultants also submitted revisions to plans in response to requests by the Planning
Board and by the various town departments that reviewed the Project. All of these plans, reports and
correspondence are contained in the Planning Board's files and are hereby incorporated into this
Decision by reference.
1. TO BE INSERTED
The Planning Board received correspondence various municipal Departments who review the project.
The previously mentioned correspondence is contained in the Planning Board files and incorporated
herein by reference.
~]
