HomeMy WebLinkAbout002-04
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
vOrt UOf' ( @ '20()5'
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
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Application No.:
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be giv~
to the Town Clerk so as to be received within suclf-lTWENTyt::>-
(20) days. s:-
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cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); fi139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 55
Parcels 158 and 159
R-C
12, 14, 16 Dave Street
Plan Book 18, Page 33, Lot 3
Plan Book 19, Page 6, Lot 1
Deed Ref. 660/194
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M"
Friday, January 9,2004, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application ofRPN LLC (DBA, THE
CmCKEN BOX), of 14 Dave Street, Nantucket, MA, 02554, Board of Appeals File No.
002-04, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion ofa pre-existing nonconforming
structure/use). Applicant proposes to construct a conforming (as to ground cover and
setbacks) about 272 square-foot addition to the rear of the structure in order to expand the
interior storage area. Construction of the additional ground cover would not require
provision of an additional parking space. In addition, Applicant proposes to raise the roof
ridge height about two feet over the bathroom portion of the structure as part of an overall
renovation of the bathrooms to bring them into building code and handicap compliance
within the existing footprint. There would be a change in the roof structure over the new
addition, changing it from a shed form to a gable form that would raise the roof ridge
height outside the required setback area. To the extent necessary, Applicant is also
seeking a MODIFICATION of the previous permits issued in BOA File Nos. 012-98
and/or 023-02. As part of the alterations, a shed structure, located to the rear of the
tavern, would be removed. In addition, the Decision in BOA File No. 023-02, which
allowed construction of an outdoor smoking area, contained a provision that a review of
the smoking deck be done in October, 2002. Applicants are hereby requesting such a
review at this public hearing. The Decision in BOA File No. 114-92 granted relief for
various alterations, including updating the bathroom area in a new addition, rather than
within the existing footprint as currently proposed. The work was never done and said
Decision has since expired.
The Premises is located at 12, 14, 16 DA VB STREET, Assessor's Map 55,
Parcels 158 and 159, Plan Book 18, Page 33, Lot 3, Plan Book 19, Page 6, Lot 1. The
property is zoned Residential-Commercial.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation. There were no letters on file. Applicant's designer was present and
explained the scope of the proposed alterations.
3. The Applicant, through counsel, represented that the Locus is benefited by
previous grants of Special Permit relief in the Decisions in BOA File Nos. 114-92,012-
98 and 023-02. The Locus is improved with a pre-existing nonconforming commercial
structure that contains a tavern and an ancillary structure that have been modified over
time. Applicant is now seeking relief to alter and expand the structure to provide
building and plumbing code compliance and provide handicap accessibility related to the
bathrooms. This part of the renovation project would require the raising of that portion of
the roof over the bathroom area about two feet outside the required setback area. All
work related to the reconfiguration of floor space for the bathrooms would take place
within the existing footprint. However, due to said interior reconfiguration, existing
interior storage space would be encroached upon. Therefore, Applicant is also seeking
relief to construct a conforming addition to the rear of the structure that would add about
272 square feet of ground cover, and would not exceed the maximum allowable ground
cover of 50%. This work would entail changing the roof configuration and increasing the
height in that area in order to provide additional interior storage capacity. Applicant
stated that a nonconforming shed would be removed from the rear of the property as part
of the project. The work would not trigger any additional parking requirements.
4. The Decision in BOA File No. 023-02 Special Permit reliefhad been granted to
allow the construction of an exterior smoking deck. Said Decision contained a provision
that required that the matter come before this Board again in October 2002 for a review
of the Decision after being duly noticed. This was done to give abutters an opportunity to
express any concerns related to the deck. The Applicant represented that a search of the
Nantucket Police Department records had been undertaken and there had been no
complaints related to the smoking deck since the time of construction to the present.
Accordingly, the Board finds that, absent public concern about the smoking deck, the
matter is closed and no further action needs to be taken by this Board.
5. Therefore, based upon the foregoing, the Board finds that the proposed project
would not be substantially more detrimental to the neighborhood than the existing
nonconforming structure. The Board further finds that there would be a benefit to the
neighborhood and the public in general in that it would upgrade the bathrooms as well as
improve the appearance of the rear of the structure.
6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A, to allow the
alterations as proposed, including, to the extent necessary, MODIFICATION of previous
Decisions, based upon the following conditions:
a. The alterations/expansion of the original structure shall be completed
in substantial conformance with Certificate of Appropriateness No.
42,883 issued by the Nantucket Historic District Commission, as may
be amended; and
b. The areas of alterations shall be substantially as indicated as shaded
areas on the plan marked as "AI", done by Nantucket Architecture
Group, a reduced copy of which is attached hereto as Exhibit A.
7. In separate action, by a UNANIMOUS vote, the Board waives the requirements
of site plan review under Nantucket Zoning By-law Section 139-23.
(BOA File No. 002-04)
Dated: January?RJ , 2004
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MiC&O'Mara
Edward Murphy
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, JANUARY 9,2004, in the Conference Room, Town Annex
Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the
following:
RPN, LLC (DBA, THE CmCKEN BOX)
BOARD OF APPEALS FILE NO. 002-04
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A (alteration/expansion ofa pre-existing nonconforming
structure/use). Applicant proposes to construct a conforming (as to ground cover and
setbacks) about 272 square-foot addition to the rear of the structure in order to expand the
interior storage area. Construction of the additional ground cover would not require
provision of an additional parking space. In addition, Applicant proposes to raise the roof
ridge height about two feet over the bathroom portion of the structure as part of an overall
renovation of the bathrooms to bring them into building code and handicap compliance
within the existing footprint. There would be a change in the roof structure over the new
addition, changing it from a shed form to a gable form that would raise the roof ridge
height outside the required setback area, To the extent necessary, Applicant is also
seeking a MODIFICATION of the previous permits issued in BOA File Nos. 012-98
and/or 023-02. As part of the alterations, a shed structure, located to the rear of the
tavern, would be removed. In addition, the Decision in BOA File No. 023-02, which
allowed construction of an outdoor smoking area, contained a provision that a review of
the smoking deck be done in October, 2002. Applicants are hereby requesting such a
review at this public hearing. The Decision in BOA File No. 114-92 granted relief for
various alterations, including updating the bathroom area in a new addition, rather than
within the existing footprint as currently proposed. The work was never done and said
Decision has since expired.
The Premises is located at 12, 14, 16 DA VB STREET, Assessor's Map 55,
Parcels 158 and 159, Plan Book 18, Page 33, Lot 3, Plan Book 19, Page 194, Lot 1. The
property is zoned Residential-Commercial.
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Nancy 1. Sevrens,
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TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FTJRTHRR TNFORMATTON
I~-~
NANTUCKET ZONING BOARD OF APPEALS
it 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE NO. CO2 -o-f
FEE: $300.00
Owner's name(s):
Mailing address:
Applicant's name(s):
Mailing address: .
. Locus 'address:
Land Court Plan/Plan Book & Page/Plan File No.:
Date lot acquired: slIO/ a:> Deed Ref./Cert. of Title:
Uses on Lot - Commercial: None _ Yes (describe)
Residential: Number of dwellingsL. Duplex----.: Apartments
Building Date(s): All pre-date 7/72?~ or
Building Permit Nos:
APPLICATION FOR RELIEF
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Rental Rooms
C of O(s)?
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By.;.law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
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I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
SIGNATURE: Applicant AU~.k1~/Agent L-----
(If not owner or 0 ne s att ase enclose proof of agency to bring this matter before the Board)
F~ ~~A. tlFFICE USE . '
Application received on:.l2J!k.~ By: (e)2AAJ Complete: Need copies?: J
Filed with Town Clerk:/bi21. /~laBBiBg B6ard.:_.'_' RlIflding nP.pt '-I_~Y: Of?G
Fee deposi~ed with Town Treasurer:I2-/2J2./c:!?By:~ver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk: 12 ~Mailed: /2; ~~ hI&M:12/~, ~& 12,3/ ~
Hearing(s) held on:_'-I_ Opened on:-1_'_ Continued to:-'-'_ Withdrawn?:_'_/_
DECISION DUE BY:_/_I_ Made:_/_/_ Filed wffown Clerk:_'_/_ Mailed:_/_'_
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
---
ADDENDUM
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law
Section 139-33A (alteration/expansion ofa pre-existing nonconforming structure/use).
Applicant proposes to construct a conforming (as to ground cover and setbacks) about
272 square-foot addition to the rear of the structure in order to expand the interior storage
area. Construction of the additional ground cover would not require provision of an
additional parking space. In addition, Applicant proposes to raise the roof ridge height
about two feet over the bathroom portion of the structure as part of an overall renovation
of the bathrooms to bring them into building code and handicap compliance within the
existing footprint. There would be a change in the roof structure over the new addition,
changing it from a shed form to a gable form that would raise the roof ridge height
outside the required setback area. To the extent necessary, Applicant is also seeking a
MODIFICATION ofthe previous permits issued in BOA File Nos. 012-98 and/or 023-
02. As part of the alterations, a shed structure, located to the rear of the tavern, would be
removed. In addition, the Decision in BOA File No. 023-02, which allowed construction
of an outdoor smoking area, contained a provision that a review of the smoking deck be
done in October, 2002. Applicants are hereby requesting such a review at this public
hearing. The Decision in BOA File No. 114-92 granted relief for various alterations,
including updating the bathroom area in a new addition, rather than within the existing
footprint as currently proposed. The work was never done and said Decision has since
expired.
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MeD ANALYSIS
Prior Periods Description Sq. Ft. Changes Parking Changes
Permit 114-92 access to bathrooms for disabled; 295 addition of one (1)
reconfigure storage area; add handicap space
handicap parking space
[:reBUILDING PERMIT
LAPSED - WORK NOT
PERFORMED]
Permit 012-98 allocation of four (4) on-site n/a lease of four (4)
parking spaces during off-peak parking spaces during
hours to allow adjoining off-peak hours
property owner to meet parking
requirements
(See also
Permit
Applications of
John Keane
Nos. 01-198,
065-97, and
057-99)
TOTAL ACTUAL CHANGES 0*
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CHICKEN BOX
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Town and County of Nantucket
Board of Selectmen. County Commissioners
Timothy M. Soverino, Chairman
Francis "Isky" Santos
Stephen L. Bender
Frank T. Spriggs
Matthew G. Fee
16 Broad Street
Nantucket, Massachusetts 02554
~ephone(5081228~255
Facsimile (5081228.1272
www.town.nantucket.ma.us
C. Elizabeth Gibson
1bwn & County Administrator
November 8,2001
SRBC
ATIN: John E. Keenan, III, Esquire
101 Merrimac Street
Boston, MA 021144737
RE: Application of Boxontherock, LLC for Alteration of Premises
Dear Mr. Keenan:
At the meeting of November 7, 200 I, the Board of Selectmen voted to approve your
client's Alteration of Premises application to add a 612 square foot deck to the west end of
the already existing building known as the Chicken Box located at 12 Daves Street,
contingent upon the following restrictions:
· The door to the new deck shall be kept closed at all times, not to be propped open
under any circumstances.
· No wait staff will be provided to patrons on the deck
· The deck shall not be fitted with benches or seating of any type
The application and supporting documents will be forwarded to the Alcoholic Beverage
Control Commission for final approval.
Please contact this office if you should have any questions. Thank you.
Sincerely, '
~ lI~tlat!.-
Li~ McIsaac
Licensing Agent
pc: John N. Jordan
Building Department
\"
TOWN OF NANTUCKET
t
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
August
'7
, 1998
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
fOllowing:
Application No.:
Owner/Applicant:
REED TRUSTEE
012-98
CHICKEN BOX RESTAURANT CORPORATIO~
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket~
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days. .
TO LERK'S OFFICE
NANTUCKET. MA 02554
AUG 1 7 1998
TIME: :t'..~,5 ?M..
A'~Sh)~ C k
CLERK: -.L . i. no4-< ..... j
,
cc: Town Clerk
Planning Board
Building Commissioner
\ PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); fi139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
.'
"
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MASSACHUSETIS 02554
PHONE 508-228-7215
FAX 508-228-7205
Assessor's Map 55
ParCels 158 and 159
R-C
12 - 16 Dave Street
Plan Book 18, Page 33
Lots 1 and 3
Deed Ref. 160/73
At a Public Hearing of the Nantucket Zoning Board of Appeals held
at 1100 P.M., Friday, February .13, 1998, in the Conference Room, at the
Town Ann~x Building" 37 Washington street, Nantucket, Massachusetts, on
the Application of CHICKEN BOX RESTAURANT CORPORATION, ROBERT REED
TRUSTEE, of P.O. Box 2122, Nantucket, MA 02584, Board of Appeals File No.
012-98( the Board made the following Decision:
1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning
By-Law ~139-33A (alteration/expansion of a pre-existing non-conforming
structure/use). Applicant proposes to allocate four (4) on-site parking
spaces, for the hours between 6:00 A.M. to 9:00 P.M., for use as
off-site parking space~~ This would enable a Lot, in the ~cicinity
of the Locus at One Chin'S Way, Assessor's Map 55, Parcel 163, and the
subject of the pending Application in BOA File No. 065-97, to meet the
parking requirement of eleven (11) spaces for the proposed restaurant
use. In BOA File No. 114-92 this Board established that the pre-existing
non-conforming tavern use on the Locus required eighty-four (84) parking
spaces. Forty~three (43) spaces were provided in the unimproved parking
area adjacent to the structure. See also companion case in BOA File No.
011-98.
The Premises is located at 12 - 16 DAVE STREET, Assessor's Map 55,
Parcels 158 and 159, shown as Lots 1 and 3 in Plan Book 18, Page 33. The
property is zoned Residential-Commercial.
2. The Decision is based upon the Application and materials submitted
with it and the testimony and evidence presented at the Hearing. The
Planning Board made an unfavorable recommendation expressing concerns
about the intensity of use and parking issues. There were no letters in
the file. This matter was heard in conjunction with BOA File Nos. 065-97
and 011-98.
3. Applicant, through counsel, represents that he is willing to
allow use of four (4) of his existing parking spaces by the Applicants in
BOA ~ile Nos. 065-97,and 011-98 to enable them to meet the parking
requlreme~ts ~or theI: proposed restaurant at One Chin's Way. Said
~~~i~~~gY ~~ sItuated In close pr?ximity to the Locu/:'l, t:.houyh nuL c1l.rucLly
, e property. At a preVIOUS Hearing thi B' ,
ApplIcants in the3!.oth . ' soard asked L/lU
er cases to fInd an alternative to a waiver of the
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~ reqJired parking spaces, i.e., submission of a revised site plan placing
a~l spaces on the Lat or an agreement indicating a neighbor's willingness
~ to, provide off-site parking spaces. Applicant further represents that he
has entered into a twenty-year lease with the Applicants in BOA File Nos.
065-97 and 011-98 to use four (4) of his ~arking spaces. Applicant's
business is generally slower during the peak hours of operation for the
proposed new restaurant and stated that there would be little overlap of
the use of the subject spaces. Approximately forty-three (43) parking
spaces are provided in the unimproved parking area adjacent to the
building and there would be no general adverse impact on the parking
situation in the area with the leasing of the four (4) spaces.
4. Therefore, the Board finds that the grant of a Special Permit to
allow the use of four (4) off-site parking spaces on the Applicant's Lot
by the restaurant at One Chin's Way would be in harmony with the
general purpose and intent of the Zoning By-Law and would not be
substantially more detrimental to the neighborhood than the existing
non-conforming parking situation. A grant of relief in this instance
would not be contrary to sound traffic and safety considerations. The
Peak hours of operation for the proposed restaurant at One Chin's Way
would be generally at a different time from the peak hours of operation
of Applicant's tavern. Therefore, the Board further finds that the use of
the four (4) off-site parking spaces on Applicant's Lot, to help meet the
parking requirement for said restaurant, would have little impact on the
parking situation in the neighborhood.
5. Accordingly, by a unanimous vote, the Board GRANTS the requested
SPECIAL PERMIT under Nantucket Zoning By-Law fi139-33A, to allow the
modification of a pre-existing non-conforming off-street parking use so
as to allow the Applicant to provide four (4) parking spaces for the
non-exclusive use of the Applicants and their successors, in BOA File
Nos. 065-97 and 011-98, for the proposed new restaurant at One Chin's
Way, Assessor's Map 55, Parcel 163, upon the following condition:
'-.
shall be available for
Way between the hours of
restaura t is in
The four (4) off-site parking spaces
the use of the proposed restaurant at One Chin's
6:00 A.M. to 9:00 P.M. on any' given day when the
operation.
Dated: August 11 ' 1998
-...
~
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, ~"f';;. 02554
AUG 1 7 1998
TIME: ;}:.33 ~.M'
A~~t.){ G ~
CLERK: \ L. . ,^-J
~ GW0 S;~~
Nancy sevre~ g
Ce (b' Q-: tp r [i',( [J--
D. ell rent
v
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
Aprl '[
l
, 2002-
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
o 2fo "0 2-
f(. P Ai I UC /
Application No.:
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
tJa ~.wV
A-tv>C~Si Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING' TO NANTUCKET
ZONING BY-LAW D139-30I (SPECIAL PERMITS); D139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
WNING BOARD OF APPEALS
37 WASHINGTON STREET
NANTUCKET, MA 02554
Assessor's Map 55
Parcels 158 and 159
Residential - Commercial
12 and 16 Dave Street
Deed Ref. 660/194
At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1 P.M., on March
8, 2002, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, MA
on the Application ofRPN, LLC of 14 Dave's Street~ Nantucket, MA 02554, Board of Appeals
No. 026-02, the Board made the following Decision:
1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-Law
Section 139-33A (alteration/extension ofa pre-existing nonconforming structure/use), and to the
extent necessary, a MODIFICATION of the Decisions in BOA File Nos. 114-92, and 012-98.
Applicant proposes to alter and extend a pre-existing nonconforming structure, a tavern, by
constructing an about 612 square-foot exterior, covered porch (surrounded by a solid board
fence) onto the southwesterly side of the structure, to provide an outdoor smoking area, due to
the passage at the 2001 Annual Town Meeting of the warrant article which prohibited smoking
in restaurants and bars. The deck would also provide a secondary means of access and egress for
the handicap. The existing primary access on Dave Street would continue to be maintained as
such. The current seating and occupancy capacity would not be increased. No further parking
spaces would be required with the construction of the deck. The unimproved parking 10t
currently provides for forty-three (43) parking spaces, where eighty-four (84) are required under
the Zoning By-Law. The proposed deck would be constructed over four (4) of the existing
spaces. Therefore, Applicant is also seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-Law Section 139-18 to waive the four (4) aforementioned spaces. The Locus is
nonconforming as to parking, loading and setbacks.
The Premises is located at 12 & 16 DAVES STREET, Assessor's Map 55, Parcel 158,
Plan Book 19, Page 6, Lot 1, and Assessor's Map 55, Parcel 159, Plan Book 18, Page 33, Lot 3,
respectively. The property is zoned Residential-Commercial.
2. The Decision is based upon the Application, the materials accompanying the application,
as well as the testimony and evidence presented at the Hearing. The Planning Board
recommended that there be no loss of parking and that the parking be provided off-site to
mitigate the loss of parking spaces. There was one (1) letter on file that suggested several ideas
for mitigating the impact of the deck and the Chicken Box in general.
3. The Applicant provided a detailed Major Commercial Development ('MCD") Analysis
and Parking information in this Application. The prior BOA decisions included one for
modification of existing bathrooms and construction of storage areas, which would have added
approximately 195 square feet oftloor area. However, because no work was performed
following the decision, the special permit lapsed by operation of the By-Law. In addition, the
BOA granted approval to allow four (4) of Applicant's parking spaces to be leased as parking
during Applicant's off-peak hours to a neighboring property owner to meet his parking
requirements for operation of his restaurant. After analysis, the BOA determined that this prior
reliet: and the current proposal do not exceed MCD thresholds as the addition of the deck would
not increase square footage of the existing structure, nor increase the current occupancy of the
Premises, nor require any increase in the parking requirements.
4. The Property has pre-existing nonconformities as to off-street parking. As previously
noted by this Board, the unimproved parking 10t at the Premises provides for forty-three (43)
parking spaces, where eighty-four (84) are required by By-Law. The proposed deck, to be
situated on the southwesterly side of the structure, would occupy four (4) of the forty-three (43)
previously existing parking spaces related to Applicant's use. Applicant seeks to have the Board
waive these four (4) spaces. Applicant represented that every effort was made to enter into an
agreement with an abutter for off-site parking, but has been unable to do so. Applicant has
represented that it is willing to implement and enforce a policy of not allowing any of its
employees to park in the parking lot at the Premises to mitigate the effects of the elimination of
the four (4) parking spots by the deck.
5. The approximately 612 square-foot covered deck on the southwest end of the existing
building would be surrounded on one (1) side by the existing building and on the remaining three
(3) sides by a boarded fence wall with a lattice top. The deck and fence wall have Historic
District Commission approval issued in Certificate of Appropriateness No. 38,548. There will be
a handicap exit ramp off the deck. Applicant has further agreed that it has retained a landscaping
company to adorn the deck and surrounding areas of the Premises with appropriate greenery.
6. The purpose of the construction of the deck is to provide an outdoor defined area for
customers who wish to smoke. The April 2001 Town Meeting passed a By-Law banning all
smoking in public places effective as of September 1,2001. The Applicants do not propose to
add additional seating or increase the occupancy of300, as certified by the Building Department.
Rather, they wish to accommodate patrons who wish to smoke without having to go outside to
the street in front ofthe existing building to do so.
7. Applicant represented, and submitted documentary evidence, that on November 7, 2001
Applicant received approval from the Nantucket Board of Selectman and the Mass. Alcoholic
Beverages Control Commission to add the about 612 square-foot deck. The conditions imposed
were the following: that the door to the new deck should be kept closed at all times - not to be
propped open under any circumstances; that there be no wait staff provided to patrons on the
deck; and that the deck not be fitted with benches or seating of any type. In addition, Applicant
represents that the door on Dave Street will continue to be the main entrance and free access into
the bar from the street to the bar, via the deck, will not be allowed. Applicant has petitioned the
Board of Selectman to reconsider the condition that the deck not be fitted with benches or seating
of any type.
8. Therefore, the Board finds that Special Permit relief may be granted to allow the
Modification and allow construction of the approximately 612 square-foot covered deck, with
the ramp and wood board fence with the lattice top to allow patrons to circulate to the outside
deck with their beverages an4for snacks in order to smoke. The Board further finds that said
relief is necessary in light of the new Town By-Law to allow Applicant to meet the needs of its
patrons and to provide a secure outdoor area with minimum impact on neighbors, and would not
be substantially more detrimental to the neighborhood than existing nonconformities and would
not increase the certified occupancy, and be in harmony with the intent of the Zoning By-Laws
to promote the health, safety, convenience, morals and general welfare of its inhabitants.
In addition, the Board finds that the waiver of the four (4) on-site parking spaces would
be in harmony with the general purpose and intent of the Zoning By-Law and would not be
contrary to the sound traffic and safety considerations, having little impact on the parking
situation in the neighborhood.
9. Accordingly, by a UNANIMOUS vote, this Board GRANTS the MODIFICATION and
SPECIAL PERMIT relief requested under Nantucket Zoning By-Law Sections 139-33A and
139-18B(1), (2) for the addition of the approximately 612 square-foot covered deck, ramp and
wood fence substantially in conformity with the reduced marked up site plan, attached hereto as
Exhibit A, to allow patrons to circulate to the outside deck, which may contain bench seating
without further relief from this Board, with their beverages and snacks for the purpose of
providing on-site spaces for smokers upon the fullowing conditions:
a. No live entertainment, amplification or video games whatsoever shall be allowed
on the deck;
b. The occupancy shall not exceed the current certified occupancy number of 300;
c. The covered deck and fence shall be constructed in substantial conformance with
the Certificate of Appropriateness No. 38,548 issued by the Historic District
Commission, as may be amended;
d. The rear doors onto the deck shall not be propped open during bar hours;
e. No employees be allowed to park in the Premises parking lot;
f. There shall be no service bar on the deck without further relief from this Board;
and
g. There shall be a noticed formal review of the subject Special Permit to take place
at the regularly scheduled meeting of this Board in October, 2002.
(026-02)
10. The Board waived the site plan review for the proposed project that is required under
Nantucket Zoning By-Law Section 139-23.
Dated: April <{' , 2002
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSEITS 02554
Date:
February I
, 19 93
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
114-92
Owner/Applicant:
ROBERT R. REED, D/B/A THE CHICKEN
BOX RESTAURANT, INC.
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of th~
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
Dal~e(~ cr~tkA@
cc: Town Clerk
Planning Board
Building Commissioner
~
APPLICATION OF: ROBERT R. REED d/b/a THE CHICKEN
BOX RESTAURANT, INC.
c/o Kevin F. Dale, Esquire
Vaughan, Dale and Philbrick, P.C.
Whaler's Lane
P.O. Box 659
Nantucket, Massachusetts 02554
ZONING BOARD OF APPEALS
SOUTH BEACH STREET
NANTUCKET, MA 02554
Map 55
Parcel 158
R-C
12 Dave's Street
Deed: Book 182, Page 279
At a public hearing of the ZONING BOARD OF APPEALS held at
1:00 p.m., December 14, 1992, in the Town and County Building,
Broad Street, Nantucket, Massachusetts on the Application of
Robert R. Reed d/b/a The Chicken Box Restaurant, Inc., of 12
Dave's Street, Nantucket, Massachusetts 02554, Board of Appeals
File No. 114-92, the Board made the following DECISION:
1. The Applicant is seeking relief by Special Permit under
Section 139-33(A) and Sections 139-18(B)(2), 19 and 20 of the By-
Law to allow for the alteration and expansion of the pre-
existing, non-conforming commercial tavern use on the Premises to
provide access to interior bathrooms for the disabled and to
reconfigure the storage area without increasing off-street
parking spaces and other off-street parking requirements. The
Premises are located at 12 Dave's Street, Assessor's Map 55,
Parcel 158, shown as Lots 1 and 3 in Plan Book 18, Page 33 at the
Nantucket Registry of Deeds. The property is zoned Residential-
Commercial.
1
2. The Decision is based upon the Application and
materials submitted to the Board and the testimony and evidence
introduced at the hearing.
3. Applicant's Attorney presented evidence that the
property is non-conforming as to off-street parking requirementsj
currently, the unimproved parking lot provides, at best,
forty-three (43) off-street parking spaces. Eighty-Four (84)
off-street parking spaces are required under the By-Law. The
aggregate lot area is 23,932~ square feet. Current ground cover
of the structures on the property is 5,784+ square feet (24.2%).
The propo~ed work would add approximately 295+ square feet of
ground cover (6,079+).
4. The specific alterations and renovations proposed by
the Applicant are as follows:
A. Renovation and expansion of interior bathrooms to
provide access to the disabled by adding 152+ square feet of
ground cover and relocating 141+ square feet of storage area as
shown on the building location plan prepared by Hart-Blackwell
and Associates, Inc. as prepared for Robert R. Reed, dated
September 8, 1992;
B. Enclosing a roofed-over deck at the loading dock
to provide a new exitway for an increase in ground cover of 55+
square feetj
C. Removal of a free-standing storage shed for a
reduction in ground cover of approximately 82+ square feet;
D. Expansion of the current storage area so as to
2
increase ground cover by 170+ square feet; and
E. The provision of one (1) designated off-street
parking place for the disabled, thirteen feet by twenty feet,
paved, with appropriate signage.
All of this work is more specifically reflected on the
building plan.
5. The Board finds that the proposed work will not be
substantially more detrimental to the neighborhood than the
current use of the property and will provide a specific benefit
to the Nantucket community by providing accessible bathrooms to
the handicapped where none now exist.
6. The Board, by UNANIMOUS VOTE( grants Applicant's
request for a Special Permit under Sections&33(A), 18(B)(2), 19
and 20 so as to allow for the alteration and expansion of the
premises to substantially in accordance with the plans filed with
this Applicationr. and attached hereto and marked Exhibit "A".
Dated: =+eb(uary I , 1993
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Town of Nantucket
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
PROPERTY O~ER......~. Pi\?.... .L.L..C.......................................
MAILfNG ADDRESS...... ...... ........ ....... :........ ... ...... ........... .... ...... .....
PROPERTY LOCATION... .r.:~... ..~.\le...8+....... ........ ..... .......
'ASSESSORS MAPfP ARCEL. 5.S.:":"..I.. S.g. ::':". ..t.59........................
APPLICANTnCh~cl. .... ~c.h. i +ec.+!..rCLO.. .Gr.-c::x-p
SEE A TI ACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directl~ opposite on any public or private street or way; and abutters of the abutters and all
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) .
RECFI\fED
BOARD OF ASSESSORS
.ro~.l.lLra......
DA REC 1 8 2003
TOWN OF
NANTUC:::ET, MA
ASSESSOR'S OFFICE
Town of Nantucket
,.
RECEI'IED
BOARD OF ASSESSORS
DEe 1 7 2003
TOv.N OF
NANTUCKET, MA
Town of Nantucket
i/. q ,00
PLANNING BOARD
(SPECIAL PERMIT)
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWNER.. .LP!.! ...L.G .~................ ................ ...
MAILING ADDRESS..... .~~....l i. JJ.... .H~.'t'.. MJ.:..ozs-si-
PROPERTY LOCATION..... ../~...... f?~~..... .$r...................
ASSESSORS MAPIPARCEL....... Ss::. !(g.f.... /$.7.................
APPLICANT.... v.!).,:tJY.~..~.(~.... r;trI.{IP.
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directly opposite on any public or private street or way; and abutters of the abutters and all
other land owners within 300 feet of the property line of owner's property, all as they' appear on
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2)
~.<./"...dffl.3
/
DATE
.LI2#
ASSESSOR'S OFFICE
Town of Nantucket
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