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HomeMy WebLinkAbout076-04 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: ~ ,0' ,2oot To: Parties in Interest and. others concerned with the Decision of .the BOARD OF APPEALS in the Application of the following: Application No.: . afro -0<(- owner/APPlican.t:' . ,COf({-- {'() - ~ ~(}r:r2-0 Otl\& [jQ{lne L. Schcuor+2- . , III, I , > . Enclosed is the Decision of the BOARD OF APPEALS WhlCh has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursu,a.nt to Section 17 of Chapter 40A, Massachusetts General LawS. Any action appealing the Decision must be brought by f~ing an complaint in court within TWENTY (20) days after th~s day'S date. Notice of the action with a copy of the c~plaint and certified copy of the Decision must be given tefL.the Town Clerk so as to be received wi thin such TWENTY (4-?) days. ~"i- P ~a~~~ 1'\ ~y ..::t. vr(2(lS J Cha irman c....., LL : c. cc: Town Clerk planning Board Building Commissloner 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); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 50 Monomoy Road Certificate of Title No. 14029-A Lots A-3, B-3 and C-3 Assessor's Map 43 Parcels 45, 49, and 50 LUG-l DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, November 19, 2004, at 1:00 P.M. in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on Board of Appeals Application No. 076-04, of CARY M. SCHWARTZ and ELAINE L. SCHWARTZ, of 36 Post House Road, Morristown, New Jersey 07960, in connection with property known as 50 Monomoy Road, Nantucket, Massachusetts. 2. Applicants are seeking a MODIFICA nON of SPECIAL PERMIT relief granted in the Decision in BOA File No. 013-04, which permitted renovation and alteration of the use (to interior living space) of an attached garage within the required front yard setback area. Applicants had not asked to demolish that portion of the structure at that time. Applicants state that during renovation, which included placing a new foundation under the garage, the garage was found to be in such poor condition as to render it unsalvageable and it could not be moved back onto the new foundation. Applicants are asking to amend the previous Decision to allow demolition and reconstruction of that portion of the garage and site it back within the front yard setback as part of the granted relief. In the alternative, Applicants are seeking relief by VARIANCE under Section 139-16A to be able to replace the garage portion of the structure back into the front yard setback area on the same footprint and in the same dimension as the previous garage, without coming any closer to the front yard lot line than the garage had been sited (as close as about 10.7 feet in a district that requires a minimum front yard setback of 35 feet). The Locus is also nonconforming as to lot size with the Lot containing about 27,032 square feet of area in a district that requires a minimum lot size of 40,000 square feet; and as to ground cover with the Lot having ground cover ratio of about 10.5% in a district that allows a maximum ground cover ratio of 7%. The Premises is located at 50 MONOMOY ROAD, Assessor's Map 43, Parcels 45,49, and 50, Land Court Plan No. 14029-A, Lots A-3, B-3 and C-3. The property is zoned Limited-Use-General-l. 3. Our Decision is based upon the Application and accompanying materials, plans, photographs, architectural drawings and representations and testimony received at our public hearing. The Planning Board recommendation was that the Application did not present any issues of planning concern. There were no letters received regarding the Application and no abutters appeared in opposition at the hearing. The builder was present at the hearing to clarify the sequence of events during the renovation. 4. The Applicant explained the sequence of events that led to the demolition of the existing garage building after it had been stored on the site while a new foundation was constructed. The condition of that portion of the building made the restoration of it and placement back onto the new foundation impractical. Instead a new structure of the exact dimensions was constructed in its place. This matter was called to the attention of the Building Inspector and the application for this relief was subsequently filed. Given the historic nature of the main portion of the building, with the garage being an integral portion of the original structure, and its long-standing prominence as a landmark in Monomoy, the Historic District Commission directed that the structure formerly used as a garage must be rebuilt to its prior proportions - no smaller and no larger. 5. Given that demolition of the pre-existing, nonconforming garage occurred as it was being converted into interior living space in accordance with the prior Decision of this Board, the Board determined that variance relief, rather than special permit relief, would be required to re-build this portion of the existing building because of its location within the front yard setback. Therefore, the Board finds that the unique circumstances relating to the historical significance of the pre- existing structure on this lot, and its physical condition are circumstances relating to the shape and topography of the structure on the Locus, and especially affect the Locus without generally affecting the zoning district in which it is situated. The Board further finds that the requirement from the Historic District Commission that the structure be reconstructed in its exact location and to its original dimensions means that a literal enforcement of the provisions of the Zoning By-law would involve substantial hardship to the Applicants. The project is not inconsistent with the relief granted in the prior Decision of the Board and the Variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-law. 6. Accordingly, by a vote of four in favor (Waine, O'Mara, Loftin, Toole) and one abstention (Sevrens), the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning By-law Section 139-16A to permit the re- construction of the demolished portion of the structure that was formerly the garage to be sited on its original location within the front yard setback and to the extent inconsistent with this Decision, GRANTS the requested MODIFICATION to the 2 SPECIAL PERMIT granted in BOA File No. 013-04 to allow said demolition and reconstruction, based upon the following conditions: a. There shall be no increase in ground cover without further relief from this Board; b. The demolition and reconstruction of the garage shall be done in substantial conformance with the Certificate of Appropriateness No.4 tst ranted by the Historic District Commiss' n. C. Richard Lo' ~ l'O~ ~ lt~M- Nancy J. Se r~ns Dated: ~1-, 2004 3 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, NOVEMBER 19,2004, IN THE CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: CARY M. SCHWARTZ AND ELAINE L. SCBW ARTZ BOARD OF APPEALS FILE NO. 076-04 Applicants are seeking a MODIFICATION of SPECIAL PERMIT relief granted in the Decision in BOA File No. 013-04, which permitted renovation and alteration of the use (to interior living sp~ce) ofan attached garage within the required front yard setback area. Applicants had not asked to demolish that portion of the structure at that time. Applicants state that during renovation, which included placing a new foundation under the garage, the garage was found to be in such poor condition as to render it unsalvageable and it could not be moved back onto the new foundation. Applicants are asking to amend the previous Decision to allow demolition and reconstruction of that portion of the garage and site it back within the front yard setback as part of the granted relief. In the alternative, Applicants are seeking reliefby VARIANCE under Section 139- 16A to be able to replace the garage portion of the structure back into the front yard setback area on the same footprint and in the same dimension as the previous garage, without coming any closer to the front yard lot line than the garage had been sited (as close as about 10.7 feet in a district that requires a minimum front yard setback of35 feet). The Locus is also nonconforming as to lot size with the Lot containing about 27,032 square feet of area in a district that requires a minimum lot size of 40,000 square feet; and as to ground cover with the Lot having a ground cover ratio of about 10.5% in a district that allows a maximum ground cover ratio of 7%. The Premises is located at 50 MONOMOY ROAD, Assessor's Map 43, Parcels 45,49,50, Land Court Plan 14029-A, Lot A-3, B-3 and C-3. The property is zoned Limited-Use--General-1. (/} ~~ % Kf~ Nancy J. Sevrens, rrman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. l?EE: $300.00 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. .0 l~ -1J cf Owner's name(s): Can' M. Schwartz and Elaine L. Schwartz \1ailing address: 36 Post House Road. Morristown. NJ 07960 ~pplicant's name(s): same \failing address: same Assessor's MaplParcel: Map 43. Parcels 45. 49 & 50 Locus address: 50 Monomoy Road Land Court Plan No.: 14029-A Lot No.: A-3. B-3. and C-3 Date lot acquired: 10'14'03 Deed Ref.lCert. of Title: 853'245 and Cert. 20937 Zoning District: LUG-1 Uses on Lof~ Commercial: None-L Yes (describe) Residential: Number of dwellings 1 Duplex~ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? yes or C of O(s)? Building Permit Nos: 5204-87 (french doors) and open permit for current proiect Previous Zoning Board Application Nos.: 013-04 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 no~nformities: See Addendum A I ,...1 , '" <J 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. Cary M. sc~ E1:inC L~ S~' ~y: ~ttorney, Melissa D. Philhrick SIGNATlJI{E:~ Applicant Attorney/Agent X (If not owner or owner's attorney, please enclose proof f agency to bring this matter before the Board) nG /y( FOR F ICE USE Application received on:Jt!.!J..1.::::L. By: . Complete: Need copies?: Filed with Town Clerk:..Lf.;.fj()!!-Planm. .. By: ~J Fee deposited with Town Treasurer:J!IJ J,07By: Waiver requested?: Granted:-'-'_ Hearing notice posted with Town Clerk:JULO( Mailed: / f ,XfJ3I&M:-.f/;-1J0c.4 jjJj{}sJ!/- Hearing(s) held on:-'_'_ Opened on:_'-'_ Continued to:_'-'_ Withdrawn?:-'-'_ DECISION DUE BY:-'-'_ Made:_'_'_Filed wrrown Clerk:_'-'_Mailed:-'_'_ DECISION APPEALED?:_' -' _ SUPERIOR COURT: LAND COURT Form 4'03/03 Application of Cary and Elaine Schwartz Addendum A The applicants seek to a modification of Special Permit 013-04, which permit granted relief pursuant to Section 139-33A to renovate that portion of the pre-existing non- conforming structure within the front yard setback and convert it to residential use. The existing foundation within the setback was replaced with a new foundation and the portion of the building in question was stored on the property. After the completion of the new foundation, that portion of the pre-existing building within the setback was found to be in such poor condition that the contractor was unable to move it back in place. Instead, he found it to be necessary to re-frame this one-story portion ofthe building; it will be re-framed to the exact dimensions on the foundation that was constructed to support the original structure. Accordingly, the Applicants request that the Special Permit be amended to incorporate the demolition and reconstruction of that portion of the existing building within the front yard setback as a part of the granted relief. In the alternative, relief by Variance is requested, if needed. \ 3 9 r (0 ~ . R~, ~'5D f1()"'oVY\o~ . MAP LoCuS. . +. -i- I 12. I I . ';4 .f .. fr>'~. 0 TOWN OF NANTUCKET ~ . e .er.ad .'?~i Date 'me"" _ . Nantucket Registry BOARD OF APPEALSBook 'bq( Of=~ 2<::5 . OoOument No. !i.'7lf3k NANTUCKET MASSACHUSETTS 02S.~TitleNo. 'O'-{37 , . JOI!Sf'\riI&-,L. Kelley, Registet of Deeds . . Date: ;9 prl { ()..t:.. \." ~p \ Jo , 2001..1 To: Parties in Interest and, Others.concer~ed with the Decisio~ of the BOARD OF APPEALS in the Application of the following: Application No.: 013-0 Y . C'q,n \ Vh, S~ LVar-rz. ~Qh LA rnv1L Owner/Applicant: r.(Qthf> ~ L, nnc€. 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 (2.0). 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. cc: Town Clerk Planning Board Building Commissioner ~^*- Chairman PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW 9139-301 (SPECIAL P~RMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. " NANTUCKET ZONING BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 50 Monomoy Road Land Court Plan 14029-A Certificate of Title No. 20,937 Assessor's Map 43, Parcels 45, 49, and 50 Lots A-3, B-3 and C-3 LUG-1 Zoning District DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, opened on Friday, March 12,2004, at 1:00 P.M., and continued to Friday, Apri12, 2004, in the Conference Room in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on Application (013-04) of CARY M. SCHWARTZ AND ELAINE L. SCHWARTZ, of 36 Post House Road, Morristown, New Jersey 07960, in connection with property known as 50 Monomoy Road, Nantucket, Massachusetts: 2. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A (alteration/ expansion of a pre-existing nonconforming structure/use). Applicants propose to alter the use of an existii1.g attached garagef storage structure by converting the use to interior living space in connection with the existing single-family dwelling to the rear. There would b~ window an,d door changes but there would be no expansion of the garage structure. . As part of the renovation, a new porch area vvould be added to the rear of the garage. that would be attached to the northeasterly side of the dwelling, a small portion of which wSluld be constructed within the required 35-foot front yard setback area but sited no closer to the front yard lot line than the existing structure as the entire porch is situated behind the garage, In addition, the Locus is nonconforming as to lot size with the Lot containing about 27,032 square feet of area in a district that requires a mininium lot size of 40,000 square feet; and as to ground cover with the Lot having a ground cover ratio of about 10.5% in a district that allows a maximum ground cover ratio of 7%. . The Premises is located at 50 Monomoy Road, Assessor's Map 43, Parcels 45, 49, and 50, Land Court Plan No. 14029~A, Lots A-3, B-3 and C-3. The~roperty~ zoned Limited-Use-General-l. . Q)':;::~:: -4' I" or. 0",:,. CO 2~ : ':' :;a w C> ...."., ....-.~.::~ rn ", .,:0 n r-' ~ ~~T.~ "" v --.. , < "" . ""t \0 3. Our Decision is based upon the application and accompanying materials, plans, photographs, architectural drawings and representations and testimony received at our public hearing. The Planning Board recommendation was that the Application did not present any issues of planning co.ncern. There were no letters received regarding the Applicatian and one abutter appeared in opposition at the hearing expressing concerns about issues that the Baard ruled were outside the purview of this Board and more properly before the Nantucket Historic District COmmissian, as that entity was still involved in the public hearing proce~s related to. this property. 4. The Applicants presented, through counsel, an affidavit establishing that the dwelling and garage were constructed as presently sited prior to the 1972 enactment of the Zoning By-law. An aerial photograph from the Town records was introduced indicating that the structure and attached garage were in their present locatians as early as 1938 and as such, the garage was validly grandfathered as to said intrusion. Applicants also submitted photographs af the existing structure, a site . plan of the existing and proposed conditions dated April 2, 2004, drawn by Blackwell and Associates, Inc., and exterior elevations of the proposed renavation to the strUcture as approved by the Nantucket Historic DiStrict Commission in Certificate of Appropriateness No. 43,453. The Applicants represented that conversion of the exis~g garage to. interior living space, without changing the footprint of the garage within the front yard setback area, would not increaSe the nonconforming setback or ground cover violations. Applicants further represented that the change of use from garage storage accessed froin the exterior to living space accessed from the interior of the existing single-Jamily dwelling would not be substantially more detrllnental to the neighborhood. In addition to interior changes, there would be exterior fenestration changes to the doors and windows as part of the renovation. The Applicants stated that the southeastern most addition to the proposed unenclosed parch on the easterly side of the single-family dwelling and attached to the rear of the garage, although partially within the front yard setback, would not inq:ease the. graund cover ratio. and have littIe impact on the neighbarhood since it would be located entirely behind the garage and away from the front yard lot line. There would be no separate cooking facilities in the converted garage. 5. Based upon the foregoing, the Board finds that converting the pre- existing, nonconfarining garage into additional interior living space without increasing the growld caver o.r coming any clo.ser to the front yard lot line than the existing garage structure~ would not increase the nonconforming ground cover ratio. or front yard setback intrusian. The Board also finds that the small addition to. the porch located to the rear of the garage and caming no closer to. the front yard lot line than the existing garage, daes increase the massing of the structure within the front yard setback area. Further, The Board finds that said alterations, would not be 2 ( . . , substantially more detrimental to the neighborhood than the existing nonconformities, and would be in harmony with the general purpose and intent of the Zoning By-law; 6. Accordingly, the Board of Appeals voted UNANIMOUSLY to GRANT the requested SPECIAL PERMIT relief under Nantucket Zoning By-law Section 139- 33A to permit the conversion of the existing garage to living space and permit a portion of a new porch addition to be sited as proposed, based upon the following conditions: (a) The work related solely to the structure shall be done in substantial conformity with the "Site Plan", done by Blackwell and Associates, Inc., dated April 2, 2004, a reduced copy of which is marked as Exhibit A and attached hereto; (b) The extension of the porch within the setback shall not be enclosed and there shall be no increase in overall ground cover ratio without further relief from ~B~~ . (c) No exterior structural changes are permitted to the portion of the structure sited within the front yard setback area without further relief from this Board; (d) The work on the structure within the front yard setback areas shall be done in substantial compliance with the plans approved by the Historic District Commission under Certificate of Appropriateness No. 43,453, as may be amended; and . . (e) No cooking facilities shall be permitted in the portion of the structure sited Within the setback area without further re!f from this B,~ Dated:. April~.2004. .sa~_ .~ '. ancy J. S vrens Dale.Waine .3 :li!Y" .~ "',., .:~.... "~~' .... :..... 'w..:. ..~ . _,". , c:UllRfm' ZONING Cl.ASSlF1CAllON: / . ", ~ u.. c.nn 1 (\.U.G.-l) A'~'" . ,,'-. ,"" IoIINWII .lOJ SIZE: 40.000 s.F'. ~ -=~r~ '~~. /,r( RFAIVSlOE stnw:K: 10 FT. , GROO~ C(MR ~ 7X ? Nliiwcnr ';/ "B:iRBOR /~# .;{' ~",O~ ~'? · . -.. .\. '\ '-, 1. ....v.-' \,\1' ""Y' . . ',". .' '. ,,~' .I' /' . I' I' I' /' ~~' ,/' *'/ y.~'/ / :UGl:inJ:': "':.':' ..,. . <E> DENOTES CONCRET'E BOUND W/DRIUHOLE fOUND I" " i~ .,~~ . . LOT C3 A=5881 :i:S.F. I .. .4J-4J N/F' LEINBACH / / / ,,/ 4.J-18 N/F FRAZIER SITE PLAN TO ACCOMPANY .~~ ZONING BOARD OF APPEALS . APPLICATION in Nantucket, MA Prepared For CARY Jl. SCHWARTZ ELAINE L. SCHWARTZ #50 MONOMOY ROAD Scale: 1 "=40' April 2, 2004 BLACKrELL and ASSOCIATES, Inc. . Professional Land SUrueyOTS 20 TEASDALE CIRCLE NANTUCKET, MASS.' 02554 (508) 228-9026 GRAPHIC SCALE I " j I 0' 20' 40' 80' 120' . ~~ . ~~~. ~~ OWNER'S REFEReNCE CERT. OF TTTLE:' 209J7 LOrs .u,c.J It BJ LAND COUFrT PLAN 14029-,1. DEED. BK. S$J PG, 245 ASSESSOR'S MAP 43 PARCEl.. S 45,49 ci 50 B8178 /...... . . . . . .. ..' . . , , . , - ...... .1:.i;~~~~L-~_ , . c, I Q"Jttn:ym4.:r 20 OA YS HAve E"t..As~ AF'r"til J!IE OOQ~10N WAS FILED tN i1iE QF}~Ol Or nu tOWN 0'.Bur. M'b 'r'HAT NO .APfliA.L fV~ ES2N ~~1o~.. 1\SBCl. nn~l1 .:- \~ '.;. 'to . ~ '. . ATTEST: A TRUE COpy .~ NANTUCKET TOWN CLERK ~...,...~..... MAY 2 4 2D04 .. ~If 5, 00 / '. ~ -...' ,",,"" f'P" D~' ~'!=t;;~~2:~ \/ ~=l 'OF I.~, ,~n:(.",;;-s~:,~~~ BO~RD . .q:V':;:;;;',:J".",",.j~.,,:>> " ~~ - Town of Nantucket OCT 0 6 2D04 . . ZONING BOARD OF APPEALS -;-"'.~""". HJ 't:,r: .'-,.& >j IN'ANTU't: /.,a::T ~.. 1:1'2\ ' ~ ' ' "'=' ~ ~l1.- , tl CtJ.. LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF PROPE~ TY OWN ER.... ~'~'1' .:. ..(./~. ~ ;.~... ~~. ~0. .~.............. MAILING ADDRESS. .~qJ?It,'.!b",~~,~.........,.... ......,.,.., PROPERTY LOCATION.... .~Q.,. .t!.'?~.~.~.~.'d-'" .Rel:....................... ASS ESSO RS MA PIP ARC EL,. .. '1. 3./..'f.~f. ,<f.1...!':. .?:"~...................,...... APPLICANT,...,....I1.!. J?l1!: !b.n:e4-,............... ...........................,.. 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