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HomeMy WebLinkAbout097-06 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: /\IC Uf'I)) het--7 ' 20 0 (y To: Parties in Interest and others concerned with the -DeClslon Of the BOARD OF APPEALS in the Application of the following: Application No.: O~7-c(p '/)Cl ~"\ /4 JI e lJ f% to ::; en }{ (e ,-n-(! . Owner/Applicant: 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 com,laint and certified copy of the necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~ (\ ~O~~k ~~LA.~,LL- /VCJ11(1f--( J. j'C)~ s--e ~cna1rman cc: Town Clerk Planning Board ~uilding Commis~ioner 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); g139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 54, Parcel 177 LUG-l 24 Polpis Road Land Court Plan No. 10937-U Cert. of Title No. 21,528 At a Public Hearing of the Nantucket Board of Appeals held at 1 :00 p.m., Friday, November 3, 2006, 1 :00 p.m., in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, on the Application of DON ALLEN AUTO SERVICE, INC., with an address of 24 Polpis Road, Nantucket, MA 02554, Board of Appeals File No. 097-06, the Board made the following Decision: 1. The Applicant is APPEALING under Nantucket Zoning By-Law Section 139-31, a decision of the Zoning Enforcement Officer ("ZEO") made in a letter dated October 17, 2006, in which the Applicant's request for the Certificate of Occupancy ("CO") was denied on the basis that an abutting lot, shown as 22 Polpis Road, with a residential structure on it and help in separate ownership, and a neighboring lot, shown as 26 Polpis Road, under different ownership, separated by a "way" from the Locus, neither of which are included in the Major Commercial Development Special Permit #032-03 ("MCD"), amended on February 14,2005, issued by the Planning Board, had "expanded" their uses without benefit of "appropriate permits". Applicant asserts that the provisions contained within the MCD have been fully met and that issues that mayor may not affect the lots shown as 22 and 26 Polpis Road, are irrelevant to compliance with the MCD. The Applicant is asking that the Board of Appeals overturn the decision of the ZEO and order that the Certificate of Occupancy be issued forthwith. See also BOA File No. 089-04. The Premises is located at 24 POLPIS ROAD, Assessor's Map 54, Parcel 177, Land Court Plan No. 10937-U. The Property is zoned Limited-Use-General1. 2. This Decision is based upon the Application and materials submitted with it, along with the testimony and evidence presented at the hearing where testimony was taken. There was one letter of support of the appeal on file from the immediately abutting neighbor. The Town's engineer, Edward L. Pesce, P.E., of Pesce Engineering & Associates, was present at the hearing and stated that he had performed three inspections during construction and for final compliance, and had determined that the Applicant was in compliance other than with the screening along the southerly border, which was later resolved. The Planning Board Chairman, Donald Visco, submitted a letter to the Zoning Board of Appeals dated October 18, 2006 in response to the denial of the Certificate of Occupancy by the ZEO, which letter was subsequently ratified by a vote of the Planning Board at a public hearing, where he stated: The use of the property at 26 Polpis Road being related to the business located on the subject site is irrelevant as it does not pertain to the MCD Special Permit, (and therefore irrelevant to the Certificates of Occupancy), because the property located at 26 Polpis Road... is not in common ownership with the subject site and in not contiguous to the subject site due to the fact that the parcels are separated by a forty (40) foot wide unnamed "way". The use of the property at 22 Polpis Road is also irrelevant as it does not pertain to the MCD Special Permit (and therefore irrelevant to the Certificates of Occupancy) because the use of that property is residential and the property is in separate ownership from the subject site. It is the opinion of the Planning Board that all "appropriate" permits have been issued for the subject site, all of the conditions of the MCD Special Permit have been met. .. and that Certificates of Occupancy should be issued for all structures on the subject site immediately without regard to any issues which may concern 22 or 26 Polpis Road. The Planning Board supports the appeal of Don Allen Auto Service, Inc. and recommends that the denial by the ZEO be overturned by the ZBA and that the requested Certificates of Occupancy be granted. Additionally, there was an e-mail, a copy of which is on file, sent to the ZEO from Senior Planner, Leslie Woodson, dated September 1,2006, stating "Don Allen has met all of the requirements in the Planning Board decision to obtain any final Certificates of Occupancy." There were three members of the Planning Board in attendance, should there be any questions about their action, at the meeting as well as staff member, Senior Planner, Leslie Woodson, who spoke in favor of the Appeal, and overturning the ZEO's denial of the Certificate of Occupancy. There was testimony from Ms. Woodson that at the Planning Board meeting on August 14, 2006, the Planning Board voted that a public hearing was not required to allow the Applicant to eliminate the screening previously required by the MCD between 22 Polpis Road and 24 Polpis Road, which was an issue that the ZEO mentioned at the public hearing as a potential problem with the Applicant obtaining a CO. 3. The ZEO made his presentation stating he was not as concerned about the CO as he was about the two abutting properties, as so noted in his letter of October 17, 2006, shown as 22 and 26 Polpis Road, having zoning issues that in his opinion impacted his ability to sign off on the request for the CO for 24 Polpis Road. He did not offer at any time any statement regarding noncompliance with the MCD requirements for the subject property at 24 Polpis Road, other than the alleged screening issue that was altered per the vote of the Planning Board on August 14, 2006, nor had he reviewed the previous Variance relief granted in the Decision in BOA File No. 089-04. The ZEO admitted that he was unaware of such amendment to the site plan. He expressed concerns about the use of 22 and 26 Polpis Road for different reasons, and stated that the uses on those two properties were related to the use on the Applicant's lot at 24 Polpis Road and affected the MCD. A majority of the presentation was in reference to the properties at 22 and 26 Polpis Road and such testimony related to 26 Polpis Road was considered when the public hearing concerning the Application in BOA File No. 098-06 was later opened. The ZEO stated that the lot at 26 Polpis Road '"should be part ofthe MCD", even if they are not currently. He further stated that a denial of the CO for the subject lot was the method to bring the issues concerning 22 and 26 Polpis Road before the Board. 4. Applicant, through counsel, represented that a request for the issuance of the CO had been made at the beginning of September of 2006 and through repeated attempts to obtain the CO, no letter of denial was issued until October 17, 2006, several weeks after the initial request was made and the memo from the Senior Planner was sent indicating compliance at the beginning of September, 2006. Applicant stated that Don Allen Auto Service, Inc. owned the property at 24 Polpis Road. Lot 26 Polpis Road were purchased separately after the filing of the MCD Special Permit, by William and Deborah Tomovish and was thus not part of the MCD Special Permit. The property at 22 Polpis Road is used for residential purposes by employees of the Applicant and not for commercial purposes. The property at 26 Polpis Road is the subject of a separate request for special permit relief or a finding that relief is not necessary in the Application in BOA File No. 098-06. The latter property is also separated from the Applicant's commercial property by a separate parcel or "way" that is not owned by the Applicant and is thus not contiguous to 24 Polpis Road. 5. Applicant stated that he is not able to obtain his financing until he has a CO for the property at 24 Polpis Road, and it was beyond the ZEO's jurisdiction to deny sign-off on the CO based upon lots that were not held in common ownership and were not part of the MCD Special Permit, if the subject lot was complying with the conditions of the MCD. If those lots had issues related to zoning compliance, then those lots at 22 and 26 Polpis Road needed to be dealt with separately from 24 Polpis Road. Applicant stated that he is experiencing a financial hardship due to the inability to convert the construction loan into a mortgage. 6. Therefore, based upon the foregoing, the Board finds that the ZEO was in error by denying the sign-off of the MCD Special Permit compliance that would have enabled the Applicant to obtain the Certificates of Occupancy. The Board relied upon the representations of the Planning Board and Planning Staff that all requirements of the MCD have been met, and finds that it is not appropriate to deny the Certificates of Occupancy based on activity on unrelated abutting lots at 22 and 26 Polpis Road when determining compliance with the MCD Special Permit. 7. Accordingly, by a UNANIMOUS vote, upon a motion duly made and seconded to uphold the Appeal brought by the Applicant, there were five votes in favor and no votes in opposition. Therefore, the Appeal is upheld and the ZEO's denial of the issuance of the Certificates of Occupancy is overturned; and the ZEO is ordered to issues said Certificates of Occupancy forthwith for 24 Polpis R~ ~\ Ci:" g Dated: November 7 ,2006 ~ f...:,..';.... e5 X~ ~ gPR:Z ~~ c~}. "J~ r :: / w N -....J Dale Waine j~~ ~ Tupper / TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 PAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M.. FRIDAY. NOVEMBER 3. 2006 in the Conference Room, 2 FAIRGROUNDS ROAD, FORMERLY KNOWN AS THE NANTUCKET ELECTRIC COMPANY BUILDING, WITH AN ENTRANCE FROM OLD SOUTH ROAD, FIRST RIGHT AFTER FAIRGROUNDS ROAD COMING FROM TOWN WITH ENTRANCE FROM THE FRONT OF THE BUILDING, Nantucket, Massachusetts, on the Application of the following: DON ALLEN AUTO SERVICE, INC. BOARD OF APPEALS FILE NO. 097-06 The Applicant is APPEALING under Nantucket Zoning By-law Section 139-31, a decision of the Zoning Enforcement Officer ("ZEO") made in a letter dated October 1 7, 2006, in which the Applicant's request for the Certificate of Occupancy was denied on the basis that an abutting lot, shown as 22 Polpis Road, with a residential structure on it and held in separate ownership, and a neighboring lot, shown as 26 Polpis Road, under different ownership, separated by a "way" from the Locus, neither of which are included in the Major Commercial Development Special Permit # 032-03 ("MCD"), amended on February 14,2005, issued by the Planning Board, had "expanded" their uses without benefit of "appropriate permits". Applicant asserts that the provisions contained within the MCD have been fully met and that issues that mayor may not affect the lots shown as 22 and 26 Polpis Road, are irrelevant to compliance with the MCD. The Applicant is asking that the Board of Appeals overturn the decision of the ZEO and order that the Certificate of Occupancy be issued forthwith. See also BOA File No. 089-04. The Premises is located at 24 POLPIS ROAD, Assessor's Map 54, Parcel 177, Land Court Plan No. 10937-U. the Property is zoned Limited-Use-General-l. ~~,~~VL~ mIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. /1 r tit '0 . . ...,~. 'Jot ~\;' l~l ' .l~., ,.1 '~}. .... ~ ~~ 1 , NANTUCKEt ZONING BOARD OF APPEALS .. ., 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. C/17--0(p F$E: l300.00 APPLICATION FOR RELIEF Owner's name(s):~n f+/l~(l ftvto SerVIce I (C(Q, ... ~:~::::t~::7~;(;); i1{r;/lf/'E _fr.p~ IlJJrJ!J('~!L!l!"!Cl?~'t - .. Mailing address:. ( ~) . Loe . dr 02 /S' R o(Jd. Assessor's MapfParcel: $" '( ~ /77 Land Court PlanlP Book & PagelPlan File No.: /0 ? 3]-- q Lot No.: Date lot acquired:_' _'& '7 Deed Ref./Cert. of Title: d /5,;;) f5 Zoning District: L oCr - r :Uses on Lot- Commercial: None_ Yes (describe) lJeh, ~/j1 ,S'a &D. ~(j(bz [}J ~htliWJr Residential: Number of dwellings~ Duplex~ Apartments_Rental Rooms . Building Date(s): All pre-date 7n2? or ~C -..2c}el(o. C of 0(s)7 Building Permit Nos: Previous Zoning Board Application Nos.: () f1-tlt( 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 n~confor,tij-ties: :1 ) .\ c ~ Q 1/JcNJ ~dwn) ___l. ) ,." ,,. J '"j '. ,\ :...) ,':r:; SIGNATURE: (If not owner or ow ant Attorneyl Agent )( proof of gency to bring this matter before the Board) FO A FFICE USE ~ Application received on:/Q) tll ~y: ' Complete: Need copies?: Filed with Town Clerk: I Q W{)i:{JplannHog B.ard' __'_I Ilni'd'Rg D,pl,'_F=="7 BY~ Fee deposited with Town Treasurer:--.LQ'{ ?f{2[jBy: Lt~aiver requested?:_Granted:_I_I- Hearing notice posted with Town Clerk: ifJ [fJ dt?Mailed: M{~ IJ{o.&M: ~f flJd:P.& ((j r2G7 ~ Hearing(s) held on:-1_'_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_'_ DECISION DUE BY: , , Made: I I Filed wrrown Clerk: I , Mailed: I '- --- --- ----- contained herein is substantially complete and true to the best of my illS a ' penalties of perjury. I certify that the infor knowledge, u er Applicant is APPEALING under Nantucket Zoning By-law Section 139-31, a decision of the Zoning Enforcement Officer ("ZEO"), as stated in a letter dated October 17, 2006. Numerous requests had been made by Applicant's contractor for the issuance of a Certificate of Occupancy (CO) for the property located at 24 Polpis Road, which is the business known as Don Allen Auto Service. A letter was finally given to Applicant on October 17, 2006 denying the request for a CO on the basis that the property known as 26 Polpis Road, which is in separate ownership from 24 Polpis Road and is separated by a Way; and the property known as 22 Polpis Road, which is in separate ownership from 24 Polpis Road, neither of which properties are part of the Major Commercial Development (MCD) Special Permit #032-03 that was approved by the Planning Board on February 19,2004 as amended on February 14,2005, had an expanded use without the benefit of "appropriate permits". Applicant asserts that all of the provisions and requirements outlined within the initial MCD,..and the amendment thereto, have been met as confirmed by a letter from the Chairman of the Planning Board attached hereto. The property at 24 Polpis Road is separate and distinct from the properties at 22 Polpis Road and 26 Polpis, and the issuance of a CO for the 24 Polpis Road property should not be held up because of a perceived issue on other lots that are not part of the MCD. Applicant is requesting that the Board of Appeals overturn the decision of the ZEO, and order that the Certificate of Occupancy be issued forthwith. ,.,r Telephone 508-228-7222 Tele Fax 508-228-7249 Don Allen Auto Service, Inc. c/o Bill Tornovish 24 Polpis Rd. Nantucket, MA 02554 Dear Mr. Tornovish: Your requests for a Certificate of Occupancy (C.O.) for Building Permit #22-05 and #835-05 for work at 24 Polpis Rd. (Map# 54, Parcel# 177) has been denied for the following reason(s): On March 8,2004, Don Allen Ford Mercury was issued a Major Commercial Development special pennit (#32-03) for expansion of a pre-existing, nonconforming commercial use (auto dealership, body and repair shop and other related services) at 24 Polpis Road. An inspection of that property as part of the C.O. review shows that the operations pennitted at 24 Polpis Rd. have been expanded to include automobile storage in and along the adjoining Way and the property known as 26 Polpis Roa<.J.,.without pennit. Section 139-28A(I) of the Zoning Code requires that no C.O. .....be issued uiitil the premises, building or structure, and its proposed use and accessory uses, comply in all respects with (the Zoning Code)." The following violations prohibit a Certificate of Occupancy from being issued: _ Expansion of a Major Commercial Development without penn it (9139-11H). _ Change to, and expansion of, a said to be limited pre-existing, nonconfonning commercial use at 26 Polpis Road without pennit (9 139-33A). _ Change to, and expansion of, a said to be limited pre-existing, nonconfonning commercial use within the Public Wellhead District without pennit (9 139-12B(3)c). You are required to bring your operation within compliance of special permit #32-03 or seek the appropriate pennitting to allow expansion of the use prior to approval of your Certificates of Occupancy. Please be advised that this notice includes any actual or proposed commercial use of the property known as 22 Polpis Road. If you have any questions regarding this notice please call, fax or visit. arcus erstein Zoning Enforcement Officer Town ofNantllck<;:t . ~ >-~\Jfi ~ Please be advised that an appeal of tbis denial may be filed witbin 30 days of tbis notice witb tbe Zoning Board of Appeals. pursuant to ~ 139-31 of tbe Town of Nantucket Zoning Code. ~"..".....,,1. 11>' ..."TUC., "'" " ~r:...........t..'" ~ ~ ,,- ", ,. .. ,~ol. "':.~~ l~~\"'\ :0: _\~: -..... =-" '.- :1-1.-- ~, I . $.\~~ !~E \~" ~~~; l~1 ~t'.' ~.","~'OI if,,,, 0.9',0-.........,9. " if,,1. ORA1-- ",.. ,.."..""", Nantucket Planning Board October 18, 2006 Zoning Board of Appeals Attn: Nancy Sevrens, Chairman 2 Fairgrounds Road Nantucket, MA 02554 Re: Don Allen Auto Service, Inc. Dear Mrs. Sevrens: 1bis letter is regarding the Don Allen Auto Service, Inc. appeal (ZBA file number 097-06) of the Zoning Enforcement Officer's (ZEO) denial of the Certificate of Occupancy for Building Permit # 22-05 and # 835-05 for property located at 24 Polpis Road (Tax Assessor's Map 54, Parcel 177). It should be noted that the property in question was granted a Major Onnmercial Development (MCD) Special Permit by the Planning Board (planning Board file # 32-03) on March 8,2004 and was subsequendy modified on February 28,2005. In a letter dated October 17, 2006, the ZEO, Marcus Silverstein, stated that the Certificates of Occupancywere denied because" ... the operations permitted at 24 Polpis Rd. have been expanded to include automobile storage in and along the adjoining Way and the property known as 26 Polpis Road without permit." Mr. Silverstein then cites Section 139- 28A(1) of the Zoning Bylaw and lists a number of violations that allegedly pertain to the subject site at 24 Polpis Road. In addition, the last sentence in the letter from Mr. Silverstein states "Please be advised that this notice includes any actual or proposed commercial use of the property known as 22 Polpis Road." The use of the property at 26 Polpis Road being related to the business located on the subject site is irrelevant as it does not pertain to the MCD Special Permit (and therefore irrelevant to the Certificates of Occupancy) because the property located at 26 Polpis Road (Tax Assessor's Map 54, Parcel 176) is not in common ownership with the subject site and is not contiguous to the subject site due to the fact that the parcels are separated by a forty (40) foot wide unnamed "way'. The use of the property at 22 Polpis Road is also irrelevant as it does not pertain to the MCD Special Permit (and therefore irrelevant to the Certificates of Occupancy) because the use of that property is residential and the property is in separate ownership from the subject site. It is the opinion of the Planning Board that all "appropriate" permits have been issued for the subject site, all of the conditions of the MCD Special Permit have been met (see attached e-mail dated September 1, 2006), and that Certificates of Occupancy should be issued for all strUCtures on the subject site immediately without regard to any issues which may concem 22 or 26 Polpis Road. The Planning Board supports the appeal of Don Allen Auto Service, Inc. and recommends that the denial by the ZEO be overturned by the ZBA and that the requested Certificates of Occupancy be granted. If you have any questions regarding this letter please contact the Planning Office at 508-228-7233. lJ*!/~ Donald T. Visco, Chairman 1 East Chestnut Street Nantucket Massachusetts 02554 508.228.7233 telephone 508.228.7298 facsimile Leslie Woodson From: Sent: To: Cc: Subject: Leslie Woodson Friday, September 01,2006 1 :13 PM Marcus Silverstein billjr2@comcast.net; 'Mark Nadeau' Don Allen Ford, Certificate of Occupancy Tracking: Recipient Read Marcus Silverstein Read: 9/11/2006 6:39 AM billjr2@comcast.net 'Mark Nadeau' Marcus - .- Don Allen Ford he's met all of the requirements in the Planning Board decision to obta.in any final Certificates of Occupancy. If you bave any questions please feel free to contact me. ITave a great week-end! Leslie --- ----------- -~ -- ------------- -- ----------- --- - ------------- --- -- --- Leslie Woodson. AICP Senior Planner ,f Nantucket Planning Office Office Location: 2 Fairgrounds Road Nantucket, MA 02554 Mailing Address: 16 Broad Street Nantucket. MA 02554 50S.325.5385 telephone 508.228.7298 hlCsimile lwoodson@nantucket-ma.gov I AFFIDAVIT I, John J. Stackpole, of Old South Road, Nantucket, MA depose and say as follows: 1. I am an employee of Harbor Fuel Oil Corporation, and have been employed by Harbor Fuel on a full-time basis since 1969. 2. My father, Charles G. Stackpole, was one of the founders of Harbor Fuel. 3. I have been very familiar with the property located at 26 Polpis Road, Nantucket, MA since October, 1964 when Harbor Fuel first rented the property from Phillip G. Murray and Elisabeth Murray to use for the storage of trailers, vehicles and tanks with oil and tires. 4. In February, 1965, Harbor Fuel purchased the property at 26 Polpis Road from Phillip G. Murray and Elisabeth Murray, and continued to use the property for the storage of trailers, vehicles and tanks. There was also a building constructed on the property that was used as office space, and storage space. 5. The property at 26 Polpis Road was subsequently conveyed from Harbor Fuel Oil CorJloration by Nancy Seaman to Brant Point Holding Company, Inc., which was an-entity of Harbor Fuel, on September 10, 1996; and Brant Point Holding Company c<?~eyed the property to William A. Tornovish, Jr. and Deborah A. Tornovish on November 25, 2004. 6. The property has been consistently used, without interruption from 1964 to present, as a commercial property for the storage of vehicles, and other commercial uses. 2006. Signed under the pains and penalties of perjury this 16th da~.t.ober, ~~~ .-- JohJtJ. S ackpole . COMMONONWEAL TH OF MASSACHUSETTS .. I Nantucket, ss On this ,,==, day of ~V~ , 20 w. before me, the undersigned notary public, personally appeared John J. Stackpole (a) v' personally known to me, or (b) ~ proved to me through satisfactory evidence of identification, which was ~~L~o;::-.-~ (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. 11 ~ - Notary~ w-e~~~~- ~Ie l-w~ ' " -[-./" AFFIDAVIT I, Stephen L. Albright, of 77 Fairgrounds Road, Nantucket, MA depose and say as follows: 1. I was an employee of Harbor Fuel Oil Corporation from February, 1970 to June, 2004. 2. I have been very familiar with the property located at 26 Polpis Road, Nantucket, MA since the time of my hiring in February of 1970. 3. From the time that I started working at Harbor Fuel, the property at 26 Polpis Road was used as a tank farm and storage facility for petroleum products and Harbor Fuel vehicles. At any given time, there were at least fourteen 1,500 to 3,000 gallon home-delivery fuel trucks on the property. There were also twin axle gasoline delivery trucks, tires, parts, tanks that were used to measure meters, petroleum storage, storage tank for vacuum trailers used for oil spills, electric pumps, stored products and a graveled area for storing used oil tanks. There was also a loading dock in the property. 4. Sometime in the late 1970's, the tanks were removed by Albert Johnson, but the other uses outlined above continued 5. The property at 26 Polpis Road was subsequently conveyed from Harbor Fuel Oil Corporation by Nancy Seaman to Brant Point Holding Company, Inc., which was an entity of Harbor Fuel, on September 10, 1996; and Brant Point Holding Company conveyed the property to William A. Tornovish, Jr. and Deborah A. Tornovish on November 25, 2004. 6. The property has been consistently used, without interruption from 1964 to present, as a commercial property for the storage of vehicles, and other commercial uses as outlined above. Signed under the pains and penalties of perjury this 17th day of October, 2006. ~ --/" COMMONONWEALTH OF MASSACHUSETTS Nantucket, ss On this I-n1+. day of~ , 2()O0, before me, the undersigned notary public, personally appeared Stephen L. Albright (a) personally known to me, or (b) v proved to me through satisfactory evidence of identification, which was (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Uff. Notary Public My commission expires: ~~~ GY'~e~~ -1..1'--1. e .'201. (:). Town of Nantucket Web GIS - Printable Map page 1 01 L. Town of Nantucket Web GIS ---......\ C! .,.) , \ D~~'-, \ \. , / ,/ .I .~<I'/I.. "'c. o l l " i / I I I / ! ~.\ l\",r ~ f::-- -~'~-\_'... 'v '-0 Prop 10 Address Owner 54 177 24 POLPIS RD DON ALLEN AUTO SERVICE INC 24 POLPIS RD NANTUCKET, MA 02554 For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket NOT A LEGAL DOCUMENT "::::) Sale Date Sale Price Book/Page Lot Size $0 C00051 686 1.83 acres Town of Nantucket, Mass r....."',......-.....h;,.... l....~,...................+-;".... c-.,....I-"'......... fryC' ........I--.h-.,....,... Map Composed http://host.appgeo.comlnantucketmalPrintableMap.aspx?Preserve=Width&Map Width=34... 10/17/2006 Town of Nantucket Web GIS - Printable Map Page 1 01 1. Town of Nantucket Web GIS Prop ID Address Owner 54 177 24 POLPIS RD DON ALLEN AUTO SERVICE INC 24 POLPIS RD NANTUCKET, MA 02554 NOT A LEGAL DOCUMENT .=, Sale Date Sale Price Book/Page Lot Size $0 C0005/ 686 1.83 acres For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket ~~, ~,____~___{\,4' 'II) 0".., r" ,(I ''''~" '-0 Town of Nantucket, Mass Map Composed r.....,...,,....,...........h;.- T.....&"'....-..-.-.I-;......... ("",...1-........-. frye'\ ..-I.-.l-....h.............. http://host.appgeo.comlnantucketmalPrintableMap.aspx?preserve=Width&Map Width=86... 10/17/2006 ~ -~-'> \ ' ',J: d ..t:::.. NANTUCKET PLANNING BOARJ}: :=: :::";;:. A. :::;: ~ - o '.'r'~ :g N N APPROVAL OF ASPEOAL PERMIT FORAMA}ORCOMMEROAL DEVELOPMENT\D Special Permit # 32-03 Don Allen Ford Mercmy 24 Polpis Road Map 54, Parcel 177 Land Court Plan # 10937- U at Certificate # 5686 March 08, 2004 PROPOSAL The Nantucket Planning Board at its February 09, 2004 meeting considered the application of Don Allen Ford Mercmy for Major Site Plan Review (139-23) and a Special Permit under the following sections of the Nantucket Zoning Bylaw: Major Commercial Development (139-11), Limited Use General-1 (LUG-1(139-7}) district, and Public Wellhead Recharge Overlay District (139-12). The site is also located within the Nantucket Harbor Watershed Overlay District. The site is approximately 79,764 square feet and consists of three parcels with approximately 236 feet of frontage along Polpis Road. The applicant is proposing an expansion to a pre-existing non-conforming use: automobile sales dealership, automobile body and repair shop, and automobile service. A "Showroom Building" is proposed to be located near the front of the site and a "Service Building" will be located to the rear of the site. Automobiles will be displayed along the southwestern comer and in the center of the site. BASIS OF THE FINDINGS The Board's findings and decision refer to the following plans and reports submitted by the applicant: . Plans entitled "Site Construction Plans, Don Allen Ford, 24 Polpis Road, Nantucket, Massachusetts" pages 1-8 , prepared by Stover Engineering Associates, Inc., dated and revised on November 03,2003. This decision is also based on final plans to be modified in accordance with this decision; Proiect Statement. Don Allen Ford Mercury Redevelopment Project, 24 Polpis Road, Nantucket, MA, prepared by Stover Engineering Associates, Inc., dated October 31, 2003; and Response to Horsley & Witten Letter of December 03. 2003. Application for "MCD" , Don Allen Ford Mercmy Redevelopment Project, 24 Polpis Road, Nantucket, MA, Map # 54, Parcel # 177, Prepared by Stover Engineering Associates, Inc, dated February 02, 2004. . . Findings were also based upon: . An application to the Planning Board for a Special Permit dated October 31, 2003; . Representation, and testimony received in connection with the public hearings held February 09, 2004; . Reports by Horsley & Witten, the Planning Board's consulting engineers, dated December 03,2003, and February 04, 2004; . A Certificate of Water Quality Compliance from the Wannacomet Water Company dated February 04, 2004; and 1 East Chestnut Street · Nantucket, MA 02554. (508) 228-7233 · fax (508) 228-7298 email: nanplan@town.nantucket.net .c< Don Allen Ford Mercwy MCD - Decision 03-08-04 Assorted documents that are on file with the Planning Board. DESCRIPTION OF THE PROPOSED PROJECf The "Showroom Building" will consist of a two-story building, the first floor of which will serve as a two car showroom and will include open and closed sales offices, as well as male and female restrooms. The second floor will contain a conference area and a small employee lounge area. In addition, the second floor will contain a small apartment intended for employee housing. A small portion of this building will contain a basement which will be used for the storage of records. The "Service Building" will contain three main uses: . The office area will consist of a two story building measuring approximately 40 feet by 52 feet. This will include an office area with a customer service waiting area, service and parts management offices, restrooms, parts storage, parts distribution to the service area, and part resale to the public. The second floor will be used for undefined employee uses; . The service area will be equipped with fixed lifts. In this area, automobiles will undergo service such as oil changes, tire maintenance, and general automotive repairs. The floor in this area will be coated and sealed concrete, pitched to an interior floor drain. All floor drains will be directed to an oil! water separator prior to discharging into the municipal waste system; . The autobody shop will include all vehicle repairs damage repairs, frame straightening, and painting. There will be a dust collection! vacuum system for the control of sander dusts, a self contained spray paint booth, and storage of autobody materials. The floor in this area will be coated and pitched to the inner area of the space. There will be no floor drain system. All spills will be contained, controlled, and removed by employing absorbent materials only. It should be noted that the "Service Building" will be constructed prior to the demolition of the existing buildings and prior to the installation of the subsurface drainage system in the portion of the site where the existing building is located. The site will contain fifty-five (55) legal parking spaces for customer and employee parking, along with additional parking for product display. The entire parking lot will be constructed of bituminous concrete pavement, except for the areas dedicated solely to product placement, which will be construCted of crushed stone. FINDINGS The Board finds that the proposed MCD: is in harmony with the purposes and intent of the Zoning Bylaw and meets the intent of the MCD Guidelines as amended through July 29, 2002 and adopted by the Planning Board. The MCD Guidelines set forth several points which a proposed project should meet when located outside of the town district. These points are as follows: "Put the Project's Best Face Forward": the Board finds that the project's "face" on Polpis Road is placed close to the front yard setback, with all parking being located to the side and rear of the building; "Put Signage on Buildings": to be addressed by the Historic District Commission (I-IDq; "Use Open Space and Landscaping to Best Advantage": the Board finds that the proposed landscape plan effectively screens the parking areas; and "Break Up Buildings: Small is Beautiful": rather that one large building for sales and service, two buildings of a smaller scale are propose. Based on the findings above, the applicant has met the aforementioned guidelines through site design and architecture which supports the intent of the MCD Guidelines. DECISION The Planning Board is required to render a decision on the application based on Zoning By-law section 139-11; the Requirements and Guidelines for Maior Commercial Developments as amended though July 29, 2002; and Section 139- 23 of the Zoning Bylaw. 20f4 . . .) Don Allen Ford Mercury MCD - Decision 03-08-04 Based on the foregoing description, findings, and the above referenced documents, the Nantucket Planning Board hereby APPROVES this application based on a 5-0 vote in favor of approval. Finding that the application of William Tomovish for the Don Allen Ford Mercury Major Commercial Development, as modified by the foregoing conditions, is in harmony with the general purpose and intent of the Nantucket Zoning Bylaw, the Planning Board of the Town of Nantucket hereby approves the site plan under Section 139-23 of the Zoning Bylawand GRANTS a Special Permit for a Major Commercial Development pursuant to section 139-11 of the Nantucket Zoning Bylaw. This Special Permit is issued for a tract described as: Map 54, Parcel 177 Land Court Plan # 10937- U at Certificate # 5686 The Board's approval is conditioned upon compliance with the "Description of Proposed Project" and "Findings" as set forth in this decision, and as shown on the plans referenced herein. The Planning Board also sets forth the following conditions: 1. That the applicant shall submit a final copy of the definitive site plans for the MCD within ninety days from the date of this decision (March 08,2004), which may be subject to further modification pursuant to this decision. No building permit shall be issued nor shall construction commence until the revised plans are submitted to and endorsed by the Planning Board; 2. That the installation of all infrastructure be done in accordance with the endorsed definitive plans, within two (2) years from the date of this decision (March 08, 2004); 3. That the Certificate of Occupancy for the "Service Building" be granted upon completion of said building. The Certificate of Occupancy for the "Showroom Building" shall not be granted until all infrastructure has been completed; 4. That the applicant comply with section 139-12 (public Wellhead Recharge Overlay District) of the Zoning Bylaw; 5. That recorded copies of all legal documents (Employee Housing Unit) shall be presented to the Planning Board within six months from the date of this decision (March 08, 2004). Legal documents shall be recorded and submitted to the Planning Board prior to the issuance of a Building Permit; 6. That except for the "Service Building", no Certificates of Occupancy shall be issued for the MCD unless the employee housing is also eligible for such certificate, or unless the Planning Board has approved a schedule linking a portion of the required employee housing to specific portions of the overall MCD, allowing phasing of the MCD as employee housing becomes available; 7. That although this project is not a subdivision, all engineering inspections take place in accordance with Section IV of the Rules and Regulations Governing the Subdivision of Land, as amended through December 20, 1999; 8. That the applicant maintain at least thirty percent of the site as open area as defined in Zoning Bylaw section 139-11; 9. That no product display take place within the front yard setback The grass area between the "Showroom Building" and Polpis Road shall be used only for landscaping and open space purposes; 10. That the hours of operation for the entire site shall be between 7:00 a.m. and 7:00 p.m. seven days a week; 11. That a final as- built of all site improvements be submitted by the applicant and a final site inspection be completed by Horsley & Witten prior to the issuance of a Certificate of Occupancy for the "Showroom Building" . 12. That a pre-construction meeting take place prior to the start of construction. 3of4 '\ .. ... . , ~l .: Don Allen Ford Mercury MCD - Decision 03-08-04 RECORD OF VOTE On February 19,2004 the Planning Board voted to APPROVE the Site Plan and this Major Commercial Development Special Permit. On March 08, 2004 the Planning Board voted to ENDORSE this decision. Nantucket, SS COMMONWEAL 1H OF MASSACHUSETIS rn~ 10 ,2004 Then personally appeared {V-a.nCA'S r ~~ one of the above-named members of the Planning Board of Nan t, Massachusetts and acknowledged t ore-going instrument to be his/her free act and deed before me. Date my Comrmssion Expires DAWN e, HIU. Com Notary Public l"IIOIlweallh of My~ExpqsQ:t24._ 40f4 ~ ,. NANTUCKET PLANNING BOARD @ I N f~". )? 1...0 \J1 APPROVAL OF A SPECIAL PERMIT MODIFICATION 0\ Don Allen Ford Mercury Major Commercial Development (MCD) Special Permit Owner: William Tomovish Applicant: Don Allen Auto Service, Inc. Land Court Plan 109370 Tax Assessors Map 54, Parcel 177 Planning Board File # 32-03 February 28, 2005 Requested Modification: The applicant, Dona Allen Auto Service, Inc, requested that the Planning Board modify the Major Commercial Development (MCD) Special Permit decision dated March 08,2004 to eliminate the construction phasing as indicated on pages G8 though G10 of the Definitive Plan. Findings: The Planning Board, at its February 14, 2005 meeting found that the proposed modification of the MCD Special Permit Decision did not affect the intent or findings of the original decision. Based on the inspection of minutes and documents from the original filing, no evidence \VaS found that supported phasing plans being required by the Planning Board. It is the finding of the Planning Board that construction phasing w:l.S voluntarilyoHered by the applicant's engineer, therefore waiving this requirement is not is in conflict with the original decision. It should be noted that all existing buildings must be properly removed from the site and all site improvements as indicated on the definitive plans must be completed prior to the issuance of a Certificate of Occupancy (CD). Decision and Vote: A motion \VaS made and duly seconded to approve the proposed Modification to Special Permit # 32-03 for Don Allen Ford Mercury MCD. On February 14, 2005 the Planning Board voted 5-0 to APPROVE this Special Permit Modification and on February 28,2005 the Planning Board voted 4-0 to ENDORSE this decision.a 1 East Chestnut Street . Nantucket, MA 02554 . (508) 228.7233 . fax (508) 228.7236 email: nanplan@nantucket.net ,- ) ~ ~~ J McL~hlin ~ l'4)oS APPROVED Joanne Holdgate APPROVED COMMONWEALTH OF MASSACHUSETTS Nantucket, 55 ~lnuA'7- lL,2005 On this 2.f dayof t1t~ ~ ,2005, before me, the undersigned notary public, personally appeared ,,~ IH~... , who is known to me to be the person whose name is signed on the preceding or attached document in my presence. ftrJ~~ ~ LESUE ERIN WOODSON ~1t Notary Public \Veoovoonwealth of Massachusetts My Commission Expires December 22, 2011 Don Allen Ford Mercury Decision 02-28-05 2 f. TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: r:- -e 0('(/0 V'i I , 2005- To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: of(9-of Owner/Applicant :_1:>0 n A-lIe (\ A-oio Serutl"'.e_ 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 necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. 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); 9139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. NANTUCKET BOARD OF APPEALS 1 East Chestnut Street Nantucket, Massachusetts 02554 Map 54 Parcel 177 LUG-1 24 Polpis Road Land Court Plan 10937-U Certificate of Title 5686 At a Public Hearing of the Nantucket Board of Appeals held at 1:00 p.m., Friday, December 10, 2004, in the Conference Room of the Town of Nantucket Annex Building, DON ALLEN AUTO SERVICE (Board of Appeals File No. 089-04) the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of previously granted VARIANCE relief in the Decisions in BOA File Nos. 008-79 and 007-82, which allowed an increase in ground cover to extend and alter a pre-existing, non-conforming use and ground cover. The relief would be granted under Nantucket Zoning By-Law Section 139-16A. The property has been operated as a vehicle sales and service establishment since a time prior to the 1972 enactment of the Zoning By-Law, when the Applicant purchased the property in 1967. The Applicant has received Major Commercial Development Special Permit 32-03 from the Nantucket Planning Board allowing demolition, reconstruction and expansion of the uses and structures on the site. The Historic District Commission has also granted approval for the new structures. Though the Planning Board approved all Special Permit aspects of the project, expansion of the ground cover necessitates relief by Variance to be granted by the Zoning Board of Appeals. The existing ground cover would be increased from approximately 8, 535 square feet to approximately 12,000 square feet. The Locus is conforming as to lot size with the Lot having an area of approximately 79,785 square feet in a district that requires a minimum lot size of 40,000 square feet. The Locus is non-conforming as to ground cover with the Lot having a ground cover of approximately 10. 7% (or approximately 8,535 square feet) in a district that allows a maximum ground cover of 7%. The Premises is located at 24 POLPIS ROAD, Assessor's Map 54, Parcel 177 , Land Court Plan No. 10937-U, Certificate of Title 5686. The property is zoned Limited-Use-Generall. 2. This Decision is based upon the Application and materials submitted with it, along with the testimony and evidence presented at the hearing. The Planning Board Chairman and the Senior Planner were in attendance at the meeting, and spoke in favor of the Application and clarified the issues that the Planning Board considered in its review of a Major Commercial Development and how the current situation evolved. There was no opposition to this Application. There was one abutter who was not opposed to the Application, but wanted to make certain that specific restrictions were included in the Decision, which the Applicant had agreed to. There were several people who spoke in support of the Application at the Hearing. 3. Applicant, through personal testimony and through legal counsel, represented that he had spent well over a year in the permitting process, and had received a Special Permit (the "Permit") for an Major Commercial Development ("MCD") from the Planning Board on March 8, 2004 in order to demolish existing commercial structures, presently used for servicing and the sale of motor vehicles, and construct two new commercial structures for the same purposes on the conforming lot. Said work would include a substantial alteration of the open areas as well. Applicant proceeded in good faith in reliance on said Permit through the rest of the permitting process without any awareness that other zoning relief was required that was not covered by the Permit. Both of the Planning Board representatives described above stated that they felt at the time that the Permit was granted that all necessary relief was granted to complete the project as proposed, including the increase in ground cover from approximately 8,535 square feet (a ground cover ratio of approximately 10%) to approximately 11,717 square feet (a ground cover ratio of approximately 29.3%). The Applicant had contracted with an off-Island company and proceeded to order the main shop building while waiting for the issuance of the building permit. When the Applicant was ready to commence with construction he received a call from the Zoning Enforcement Officer advising that additional relief was needed from the Zoning Board for ground cover prior to issuance of a building permit. Applicant was then informed that upon further review the Planning Board could not grant an increase in ground cover in the Permit as that Board had no jurisdiction over matters that required variance relief. Applicant is now seeking to amend the two previously granted Decisions in BOA File Nos. 008-79 and 007-82, which allowed an increase in ground cover of approximately 756 square feet and approximately 726 square feet, respectively, to increase the ground cover approximately 3,182 square feet for a new total of approximately 11,717 square feet for a ground cover ratio of approximately 29.3%. The new structures, the main shop building and the separate structure that would contain the showroom, would include approximately 15,777 square feet of floor area of which approximately 611 square feet would be used for employee housing, and would be conforming as to all setback requirements. The net commercial space would be approximately 15,166 square feet. The Service Building would contain three main uses: the offices and waiting room would be located in the front approximately 2,184 square-foot two-story portion of the building attached to the Service Building with several service bays and that would include several fixed lifts, for a total ground cover of approximately 9,657 square feet. The separate Showroom Building is proposed as a two-story building, which would include a two- car showroom, sales office, employee lounge, an employee apartment on the second floor and storage in the basement. The two commercially related floors bave an area of approximately 3,260 square feet with the total ground cover being approximately 2,060 square feet. There are 55 parking places on the premises as required by the Permit. Applicant represented that the proposed project would use the available land more efficiently as the green space would be increased from the current about fifteen (15%) percent to over thirty (30%) percent (the minimum required under the By-law) making the overall use of the site appear far less intensive. The site of the Service Building, currently located in the portion of the lot that is fully visible from Polpis Road, would be changed and the new building would be located to the rear narrow portion of the irregularly shaped lot, in order to minimize any negative visual impact upon the public. 4. Therefore, based upon the foregoing, the Board finds that the proposal to construct the additional approximately 3,465 square feet of ground cover 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 situation. In addition, the Board finds that this project would be a substantial improvement to the neighborhood and would enable the business to continue to provide an essential service to the Island, and that owing to circumstances relating to the shape and topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the Zoning By-law would involve substantial hardship, financial or otherwise to the Applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law. The Board finds that this vehicle dealership and servicing establishment started during a time prior to the 1972 adoption of the Nantucket Zoning By-law and that it is unique in that it is the only dealership and full service garage on the Island of Nantucket. It is reasonable to expect expansion of just such an activity over the past 40 years. The Board notes that there would be additional benefits to the neighborhood in that activities that had traditionally taken place outside will now take place inside, lessening the impact from noise from the serving of vehicles. 5. Accordingly, by a UNANIMOUS vote, the Board hereby GRANTS the requested relief by MODIFICATION of the previous VARIANCE relief granted in the Decisions in BOA File Nos. 008-79 and 007-82. Reliefis hereby conditioned upon the following: a. Service doors on the rear northwesterly side of the shop structure shall be kept closed when the shop is in operation; b. No outside servicing of vehicles shall be allowed; c. A minimum of thirty (30%) percent of the site shall be maintained as open space as defined in Zoning By-law Section 139-11 (included as Condition #8 in Nantucket Planning Board Special Permit #32-03 granted to Applicant for the Major Commercial Development); d. There shall be no product display allowed within the front yard setback area. The grass area between the "Showroom Building" and Polpis Road shall be used only for landscaping and open space purposes (included as Condition #9 in Nantucket Planning Board Special Permit #32-03 granted to Applicant for the Major Commercial Development). e. The screening shall be done in substantial conformance with the plan marked as "P-l", dated January 19, 2005, and done by Stover Engineering Associates, Inc. on file with the Nantucket Planning Board as part of Special Permit #32-03, granted to the Applicant for the Major Commercial Development. Dated: fiRl> ~ f t ZCtJ~ C. Richard L '. it 5, 00 I RECEIV~:D BOARD OF AS8ESSORS OCT 1 7 2006 TOWN OF NANTUCI<ET. 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