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HomeMy WebLinkAbout023-07 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: April 30,2007 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: ~ CJ = co :::a VJ o Application No.: 023-07 Owner/Applicant: JANE B. CLOUGH AND DAVID CLOUGH =g r,j 0-; "-D Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with 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 a complaint in Land 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. ~Y~s~i~ cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 56 Parcel 151.1 Residential-2 3 Pond Drive LC PLN 14870-7 Lot 132, C.O.T. No. 20,876 At a public hearing of the Nantucket Zoning Board of Appeals, continued without opening from Friday, March 16,2007 and heard on Friday, April 13, 2007 at 12:00 P.M., in the Conference Room, 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of JANE B.CLOUGH and DAVID CLOUGH, c/o Vaughan, Dale and Hunter, P.C., Whaler's Lane, P.O. Box 659, Nantucket, MA 02554, on Board of Appeals File No. 023-07: 1. Applicants are seeking a MODIFICATION of previously granted VARIANCE relief in the Decision in BOA File No. 056-95, later modified in the Decision in BOA File No. 087-03, in order to remove the remaining single car garage space on the first floor of an existing structure and convert the entire structure to a secondary dwelling. The first Decision allowed the conversion of the garage into a garage with an apartment on the second floor. The second Decision allowed the expansion of living space into the first floor area, while maintaining the single interior garage space. The structure, sited within the required 30-foot front yard setback area as close as about 12.8 feet, was constructed in 1980. All required parking spaces would continue to be provided on site. In all other respects the The Premises is located at 3 POND ROAD, Assessor's Map 56, Parcel 151.1, Land Court Plan 14830-7, Lot 132. The property is zoned Residential-2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the Public Hearing. The Planning Board made no recommendation in this matter finding that there were no issues of planning concern. There were no letters from abutters either in support or opposition received by the Board regarding this matter. Applicants were represented at the Public Hearing by legal counsel. 3. Applicants, through counsel, represented that the locus was a portion of a larger parcel that had been subdivided into two lots in 1984. Prior to the subdivision, frontage for the larger lot, shown as 10 Hussey Farm Road, had been taken from Hussey Farm Road, with a side yard setback taken from Pond Road. When constructed in 1980 the garage met thelO-foot side yard setback requirement. After the larger lot was subdivided, frontage for the locus, now with an address of 3 Pond Road, had to be taken from Pond Road. The garage became noncomplying as to the 30-foot front yard setback requirement, being sited as close as about 12.8 feet from the lot line along Pond Road. Applicants' counsel represented that in 1995 Applicants' predecessors in interest applied to the Nantucket Zoning Board of Appeals for variance relief to validate the siting of the noncomplying garage and for permission to convert the second floor of the garage into a secondary dwelling. The Board granted the requested relief in the Decision in BOA File No. 056-95. The Board's Decision in BOA File No. 056-95 granted variance relief validating the front yard setback intrusion and conversion of the second floor garage space into an apartment, while maintaining the existing garage space on the first floor. The lot also contained a complying separate primary single-family dwelling located to the rear of the lot. Applicants' counsel stated that in 2003, Applicants requested a Modification to the previously granted variance relief to allow conversion of one of the two first floor garage bays into additional living space for the second floor apartment. The Board modified said relief in the Decision in BOA File No. 087-03. 4. Applicants' counsel stated that the Applicants are now requesting a modification to the variance relief granted in the Decision in BOA File No. 056-95, as modified in the Decision in BOA File No. 087-03. Counsel stated that the planned conversion of that portion ofthe first floor of the structure now dedicated to garage space would result in the elimination of the garage bay by its being remodeled and incorporated into first floor living space to be used in conjunction with the second floor apartment. Counsel also represented that the secondary dwelling as proposed and so converted would remain a single-bedroom dwelling only and would continue to meet the 12-foot scalar separation and 20% differential required in the Zoning By-law between primary and secondary dwellings. There would be no expansion of the footprint of the structure within the required 30-foot front yard setback area. 5. Therefore, based upon the foregoing, the Board finds that the requested Modification of the previously granted variance relief to allow the structure to be converted entirely into a secondary dwelling by removing the remaining garage space on the first floor, without expansion of the footprint within the required 30-foot front yard setback area, would not create any further nonconformity and would have minimal impact upon the neighborhood, particularly in light of the fact that all required parking would continue to be provided on site for both dwelling units. The use would be in harmony with the general purpose and intent of the Zoning By-law and the Board further reaffirms the Variance related findings made in the previous Decision in BOA File No. 056-95, as amended in the Decision in BOA File No. 087-03. 6. Accordingly, by a vote of four in favor (O'Mara, Koseatac, Wiley, Tupper) and one opposed (Sevrens), the Board GRANTS the requested MODIFICATION of the previously granted VARIANCE relief in the Decision in BOA File No. 056-95, as modified in the Decision in BOA File No. 087-03, to allow the elimination ofthe remaining garage space and, thereby, the conversion ofthe garage/apartment in its entirety into a secondary dwelling subject to the following conditions, incorporating the conditions from the previous Decisions: (BOA File No. 023-07) (a) The secondary dwelling shall be limited to a maximum of one bedroom without further relief from this Board; (b) The apartment shall be limited to year-round occupancy; and (c) The footprint of the garage structure shall remain substantially unchanged, and any additions to allow for second floor access and dormers shall be made outside of the 30-foot setback area. April 3D, 2007 .J N~~~~ \,~~ 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 12:00 P.M.. FRIDAY. MARCH 16.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: JANE B. CLOUGH AND DAVID CLOUGH BOARD OF APPEALS FILE NO. 023-07 Applicants are seeking a MODIFICA nON of previously granted V ARIANCE relief in the Decision in BOA File No. 056-95, later modified in the Decision in BOA File No. 087-03, in order to remove the remaining single car garage space on the first floor of an existing structure and convert the entire structure to a secondary dwelling. The first Decision allowed the conversion of the garage into a garage with an apartment on the second floor. The second Decision allowed the expansion of living space into the fust floor area, while maintaining the single interior garage space. The structure, sited within the required 30-foot front yard setback area as close as about 12.8 feet, was constructed in 1980. All required parking spaces would continue to be provided on site. In all other respects the lot and structures contained thereon, are conforming to the requirements of the Zoning By-law. The Premises is located at 3 POND ROAD, Assessor's Map 56, Parcel 151.1 , Land Court Plan 14830-7, Lot 132. The property is zoned Residential-2. /l/~.~r~ Nancy J. SevreC rman PLEASE NOTE THE CHANGE IN TIME FROM 1:00 PM TO 12:00 PM. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. " NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 CASE NO. ()~)-6) FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): David Clough and Jane B. Clou~ Mailing address: C/O Vaughan. Dale and Hunter. P.C.. POB 659. Nantucket. MA 02554 Applicant's name(s): Same Mailing address: C/O Vaughan. Dale and Hunter. P.C.. POB 659. Nantucket. MA 02554 Locus address: 3 Pond Road Assessor's Map/Parcel: 56/151.1 Land Court PlanIPlan Book & Page/Plan File No.: LCP 14830-7 Lot No.: 132 Date lot acquired: 9/15/03 Deed Ref.: Document No. 103873 Zoning District: R-2 Uses on Lot - Commercial: None X Yes (describe) Residential: Number of dwellings: ~: Garage/Apartment and Primary Dwelling Building Date(s): All pre-date 7/72? No or C ofO(s)? Building Permit Nos: Previous Zoning Board Application Nos.: 056-95 and 087-03 . State below or on a separate addendum specific relief sought (Special Permit, V ariance, Ap~eal), &~tion of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing n~nconf01!mities: - ) " ) Variance modification pursuant to sec. 139-32 of the Nantucket Zoning By-law from the ~equiren1~nts of sec. 139-16 A. Intensity regulations- Front yard setback. Please see Addendum, attached hereto. '.j } I certify that the ineatiOn contained herein is substantially complete and true to the best of my knowledge, under t e "ains d penalties of perjury. f SIGNATURE: Applicant Attorney'Agent X (If not owner or owner's tto ey, please enclose proof of agency to bring this ma1;ter before the Board) f>/Tl Fq~Q~FICE USE I / Applieatio" ~ived 0": :;, -""-L By: :!: ~ /l{) Complete: V Need copies?: FiledwithToWllCierk:Z1Z2@P18_' --B 8Id.-,-,_BuildhJgDept.:-' ~pg Fee deposited with Town Treasurer:l:.J~q By: IQ~JVaiver requested?: Granted:-' -'- Hearing notice posted with Town Clerk:? P2q;}2Mailed:'2,tZ2(f) I&M:.3LO?&3r~ Hearing(s) held on:-'-'_ Opened on:-'_'_ Continued to:-'-'_ Withdrawn?:_'_/_ DECISION DUE BY:-,-'_ Made:-'_'_ Filed wffown Clerk:_'-'_ Mailed:-'-,_ DECISION APPEALED?:-, -'_ SUPERIOR COURT: LAND COURT Form 4/03/03 ., ADDENDUM The Applicants, David Clough and Jane B. Clough, seek a Modification of previously granted Variance relief pursuant to Section 139-32 from the requirements of sec. 139-16 A, Intensity regulations (Front yard setback) of the Nantucket Zoning By-Law. The Applicants wish to convert a garage/apartment to solely a single-bedroom second dwelling while eliminating the garage use. The property is located at 3 Pond Road (the "Premises"). The Premises is located in the Residential-2 District. The Premises consists of a lot of land approximately 21,143:1: square feet in size as improved by a single-family dwelling and garage/apartment. The Premises is conforming as to lot size, ground cover ratio (having a ground cover ratio of approximately 7.7 % in a zoning district that allows 12.5 %), and frontage (having frontage of 100' in a zoning district that requires 75'). By way of background, the Premises was a portion of a bigger lot that was subdivided in 1984, creating the subject Locus as well as the newly abutting property with frontage on Hussey Farm Road. As a result of the subdivision, newly created Locus, was now subject to its frontage and front yard setback off of Pond Road. Accordingly, what had once been a 10' side yard setback off of Pond Road with a conforming garage at 13 +/- feet became a front yard setback with the pre-existing garage sited well within the 30' front yard set back required in the R-2 Zoning District. Applicants' predecessor-in-title applied to the Nantucket Zoning Board of Appeals for a V ARlANCE to ratify the siting of the pre-existing garage within the thirty (30) foot front yard setback and for permission to convert the second floor of the garage into a secondary dwelling. The Board, in its File No. 056-95, granted the requested relief subject to the apartment being limited to year round occupancy and the footprint of the garage remained unchanged. In 2003, Applicants requested a modification to that V ARIANCE to allow, "...conversion of the second floor garage space as well as a portion ofthe first floor e:arae:e space into a secondary dwelling." The Board, in its File No. 087-03, granted the requested relief subject to the same conditions while additionally limiting the apartment to a single bedroom only. Owing to the unique location of the structure, conditions especially affecting the Locus and not affecting generally the zoning district in which the Locus is situated, a literal enforcement of the provisions of the By-Law would involve substantial hardship, fmancial and otherwise, and the 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 Applicants respectfully requests that the Board act in favor of the requested Modification of Variance. Town of Nantucket Web GIS - Printable Map Town of Nantucket Web GIS p;.f~_~Ewrm- - ~ m_Y'-~~ ) (0 q '''''" " ,// ~ tjo o \1]- -..>", <> \ . I ~: \ tJ ~ "~ ~,,:"r...,:,.. , '-. ...., .,.,. . " , f:J )'" .,~~"" :,;:d: ........,.--.;, . 9ft Prop ID Address Owner 56 151.1 3 POND RD CLOUGH DAVID & JANE B . Sale Date Sale Price Book/Page Lot Size PO BOX 401 WENHAM, MA 01984 09/15/2003 $760,000 C0020876 0.49 acres NOT A LEGAL DOCUMENT 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 (;pnnr.::tnhir Tnfnrm.::tt-irm <::;"c:r,:::lm ((;TC;' n.::tt.::th.::tc:p. Page 1 of2 -~ - "---...~ ----- ~ cr/C [J I ~. ~~ C) ~_ ~_t\t,: ~ OV ~ --------- Town of Nantucket, Mass Map Composed http://host. appgeo. com/nantucketmalPrintableMap. aspx?Preserve= Width&Map Width=864... 2/22/2007 Town of Nantucket Web GIS - Printable Map Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size Page 1 of2 Town of Nantucket Web GIS 56 151.1 3 POND RD CLOUGH DAVID & JANE B PO BOX 401 WENHAM, MA 01984 09/15/2003 $760,000 C0020876 0.49 acres NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. DLs\:lglml!L 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 (.;pnnr.:::lnhir Tnfnrm.::\tinn ~\fc::tpm (r:;T~' r1At~h;::llC:jO ~ ~-~~ "Y 0 .( ~ ~---- Town of Nantucket, Mass Map Composed http://host.appgeo . cornlnantucketmalPrintab leMap.aspx?Preserve= W idth&Map Width=8 64... 2/22/2007 56-149 N/F JOHN f'. TRIf'ERO, ET AL, TRS DHC8 ',- !'NO to- ~ a: ~ 22' :!: z ~ lU i ~g >1 8~ ::t e (Jl 2 ~ ()1 ~ Vi. '''~~ \ I 30.1'~ ~It \ i \ ~ \ \ !- Nom 1,) 1 1/2 STORY DWEWNG DOES NOT CONf'ORM TO CURRENT ZONING REQUIREMENTS 'MTH RESPECT TO FRONT YARD SETBACK. 2.) LOT IS SUB.ECT TO NonCE Of' VARIANCE RECORDED AS loc. DOCUMENT 19205 3.) LOT IS SU8JECT TO VARIANCE AND VARIANCE IAOOIf'lCAnON RECORDED AS loC. DOCUMENTS 71707 AND 106203, RESPEcnVELY. CURRENT ZONING: R-2 MINIMUM LOT SIZE: 20,000 SF MINIMUM FRONTAGE: 75 FT FRONTYARD SETBACK: 30 FT SIDE AND REAR SETBACK: 10 FT ALLOWABLE G.C.R.: 12.5" EXISnNG G.C.R.: 7.7":!: f'OR PROPERTY UNE DETERlAlNAnON THIS PLOT PLAN RaJES ON CURRENT DEEDS AND PLANS Of' RECORD, VERIf'lED BY f'lELD MEASUREMENTS. THIS PLAN IS NOT REPRESEN'IED TO BE A nTLE EXAMINAnON OR A RECORDABLE SURVEY. N.B. 17/39 96.40' IP+ r L- LOT 132 21,143 :t SF POND 29.S':!: -- OHC8 !'NO -;- I-{ J) I I I \ \ \ \ \ \ ~ \ \ 1 ~ \ \ \ \ \ \ \ \ \ \ \ \ \ J \ \ \ \ \ '\ \ I I L ROAD \ \ 1 \ I / 103.55' DHC8 !'NO ~ ()1 (;, '!. z ~ ~ '" ~ lUg . I ~~ 0- ~ '" ~ ~ C'l ~ (/) (/) to:! -< 'oj ~ ~ ~ J~ \ _\ /70.00~. " OHC8 !'NO " PLOT PLAN TO ACCOMPANY APPLlCA nON TO ZBA IN NANTUCKET, MASSACHUSETTS SCALE: 1"20' DATE: OCT 6, 2006 DEED REFERENCE: LC CERT.# 20876 PLAN REFERENCE: LC PL 14830- 7 ASSESSOR'S REFERENCE: MAP: 56 PARCEL: 151.1 PREPARED FOR: DAVID CLOUGH and JANE B. CLOUGH EMACK SURVEYING 2 WASHAMAN AVENUE NANTUCKET, MA. 02554 (508) 325-0940 J-843 -t 15:/ ,f-- l UP Rf:f 0 0 0 0 " -~. KITCHEN 01 ,\LL OW I- f 2'-10"~"" ~I 0 0 I .. 0 SINGLE BAY ( . BATH~ GARAGE 0 ( ) I I J po. ~ I ~ ~ ~8 ;3 WH 't r 1"- w ~- ~r ~ CLOUGH RESIDENCE 1/25/07 EXISTING - FIRST FLOOR 3 POND ROAD NANTUCKET, MA GARAGE - I l '\ / i l"'-'r'" \"';.:.A"" I I I ~.\, r--"'I \\ i . i / . I . : I i~~: J. I ! /1, : . r I 1 /.: I ,. . r 1..-----' I ; BEDROOM J o BATH . ( - CLOUGH RESIDENCE 1I25/07 EXISTING - SECOND FLOOR 3 PON.D ROAD . NANTUCKET, MA c;ARAGE - ) DECK z -f /5:/ --+ '- . ..----' J-- UP R~r 0 0 0 0 KITCHEN 0 -- -- OW -' 0 ( 1 ., I I 0 tJ;~;~'~:' ,,~( BATH~ i'~' "~) 1(. ~~. 4,1 n ,,", ',' ~t. :) (~ ~S'.. !.?IN~!;: I 1 0 #-- ,II'-f.we'.:_. I )~ @{., J ) ',\",,- . ~ :~ >- ~ , '~,,::'" ~t:.pf ~8 -, r - n CLOUGH RES1DENCE 1/25/07 PROPOSED GARAGE MODIFICA TIONS- FIRST FLOOR ... - .. 3 POND ROAD NANTUCKET, MA GARAGE . . ~_..-... -. \, -, ~ --n "_ 0_ ~[ J:;:.. 3 Town of Nantucket Web GIS - Printable Map Page 1 of2 :. Town of Nantucket Web GIS 56 , .. 56 14.4 'i'(:. '\~".:. ..:J . .'" .,~. \. ~:t.,,\," .::'\ \ t, .. ' . ..,- '~ 50.~ 97 i. . . ,L ,.;5. ~ .,'.~ ~;"1\ '. ,~~~- !1ft t~~ f" _.t~ tIItf~/l! (3 -:6 15~~J' ~ c: . d~ ~ ..... ..,. . ,- '; .....Ail'.- }i.' ~.'"f'.':.,::\" '-~':,.*. ,-' .. ~.;~~L:"""':': ... ~ "'" ---I ~ .~. ~. 56~~ · . 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" ~ <!l. ~ >- \\"1. ,,.,,~~ ~ -:-/,t "}. -I?';/ ...,. ....t? ; ,f T. ." ~ ~ ~ fI ;~;; ./~ ~.. \. ~ ,~\ ~ \'t ~ \\ ,~ ~~ '\ <). \. UOOOES 103873 ~ l' aJ ~ o ~ . o "2: ..- ~ E ~ ~~ 0 UJ C"'J ~~ ~ :;:;) en l' S!2 ~ '$ a: Wo M t; E ....J~ ~('"I') w!:::z 0 () #~ m~1 (,!)t-- <u...O ~ o..ow UJEQ ) .J.1 It; l..I? t-a: .- . t;l ~ <(0 0 o en Lu .. a: ~ ci g;~ :z - o () :z ~ LL 9 ~ ~t-a: A ~~ < 8ffiF- ~ C g '-" CDUO u: Za:Z ~ i~ ;::: QUJ<r ex: ~~ ... I--LL E '-" <en :z ~z ~ ./l1- 0 a~ 0 i w :t!t- .... ~ i & OOOOl)C 103873 MASSACHUSETTS QUITCLAIM DEED WE, PHILIP M. JEKANOWSKI and ELIZABETH C. JEKANOWSKI, of 694 NE Wax Myrtle Way, Jensen Beach, Florida 34957 for consideration paid and in full consideration of SEVEN HUNDRED SIXTY THOUSAND and no/100 ($760,000.00) DOLLARS, grant to DAVID CLOUGH and JANE B. CLOUGH, of PO Box 401, Wenham, Massachusetts 01984, as joint tenants with right of survivorship, with QUITCLAIM COVENANTS, that certain parcel of land with all improvements thereon situate at 3 POND ROAD in Nantucket, Nantucket County, Massachusetts, bounded and described as follows: Lot 132 as shown on plan numbered 14830-7, drawn by Michael S. Bachman, Surveyor, dated January 23, 1984, and filed with Certificate of Title No. 12,300 at the Registry District of Nantucket County. Said lot is subject to rights, easements and restrictions of record as set out on Certificate of Title No. 15,949 at the Registry District of Nantucket County as same may be in force and applicable. Said lot is subject to the following: New England Tel & Tel Co. Easement dated May 2, 1973, and registered as Document No. 14502 at said Registry District. Notice of Variance dated January 24, 1978, and registered as Document No. 19205 at said Registry District. Nantucket Board of Appeals Variance dated November 2, 1995, and registered as Document No. 71707 at said Registry District. C:\Active clieot,IJEKANOWKSI. PHIL.t EUZlSALE - 3 POND ROADldecd.....doc . ."'; OOOObt ,;+ 103873 For Grantors' title see Certificate of Title No. 15949 at said Registry District. WITNESS our hands and seals as of the d day o~f~ ,2003. ~) C~JW08CU ELI ETH C. J NOWSKI County of (17/iI<.T/,J STATE OF FLORI DA ,ss. 5cPTc/11fJil? :<,2003 Then personally appeared the above named PHILIP M. JEKANOWSKI and ELIZABETH C. JEKANOWSKI and acknowledged the foregoing instrument to be their free act and deed, before me, ~,cALL Notary Public: - My Commission expires: NANTUC:VE-,. J=<:EG DEEC';:'i NANn-UC,<ET .i...".::. C0--n. ~e--e-(1 ,I""', J)' E J]~~1. ",~~'I Plli~ lane . .uuc.uenek $ ~""A-';~ COIIUlIiasion f CC 911112 NAN1'ucKET LAND IW<< ~\.~~ ~ires Nov. 12.2004 CERTlFIC.\TE ~P,'f\~'" Boaded ftnl ~Plld' 16'. ~, 'II"'~' AlluJie &1IlfIDB Co., lDc. .~,a:J ~ O~~ '7' ~5'?i;j'1 u~. OODODO ~.::;.3~:} $~il~.;j5. ~';D C~AS[~: -$-34..::~~~~~~ _ 6() C,lAct;ve dienlSIJEKANOWKSI. PIIIL & ELIZlSALE - J POND ROAD\deedwe.doc ".' ...... ';11 ~:l ~ ~ ,.. r'- o d z .... z w :E :::J U o o I' ~ z ~ ~ J I~ ~ er- r'- \f) :: ~ f'<al!i I 0 c - &II d .!l ~ a: 0 ~ Z '- 2' - l'(\ w l- \- .. ~ a:: 8 z ~ - ~ ~ ~ W it ~ 1~fag fi ~ w :::> ~ > I 0 (,) ~ ; <'() ~ 0 ~ i ! Q z ~ .... ~ ~ 071.707 6S? --05-- ---." ,..:..-..-"':'" ~",.... . ,}! ", TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: November ;L" 19 95 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 056-95 Owner/Applicant: D. COLLIER A/.l:.19 ek'."N.r~ c..:J'i!.I::4.uTw~.: PHILLIP M. JEKANOWSKI AND ELIZABETH 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. ~~ Micha 1 O'Mara 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 9139-301 (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET 07~707 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 56 Parcel 151.1 Residential-2 3 Pond Drive Land Court Plan 14870-7 Lot 132 ,~~9 Cert. of Title ~27e4 At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS, held on FRIDAY, OCTOBER 13, 1995, at 1:00 P.M., in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, MA, on the Application of PHILLIP M. JEKANOWSKI AND ELIZABETH D. COLLIER* of 3 Pond Drive, Nantucket, MA 02554, Board of Appeals File No. -.r~ __~~. 056-95, the Board made the following Decision: JtNK~ ~A../.if;t.C. J~IV-'--- 1. Applicants request a FINDING that a garage structure is protected from enforcement action pursuant to M.G.L. ch 40A, ~7 and further seek relief by VARIANCE pursuant to Zoning By-Law'~139-32 from the requirements of Zoning By-Law ~139-16A (Intensity Regulations - front yard setback). Applicants propose to construct a secondary single-family dwelling unit within an existing garage structure that is sited 12~ feet from the front yard lot line in a district that requires a minimum front yard setback of 30 feet. The premises is located at 3 POND DRIVE, Assessor's Map 56, Parcel 151.1, Land Court Plan 14870-7, Lot 132. The property is zoned Residential-2. 2. The Decision is based upon the Application and materials submitted with it, and testimony and evidence presented at the Hearing. The Planning Board made an unfavorable recommendation. There were two (2) letters and one (1) petition, signed by five (5) abutters, on file supporting the proposed conversion of the second floor of the garage into a dwelling unit. The Building Commissioner alSO spoke in favor of the grant of relief. 3. The Applicants purchased this property in 1986 when there was on~ (1) structure located on it, the subject garage, which was built in 1980. At the time of construction of the garage the Locus had been part of a larger lot and considered a use ancillary to the single family dwelling and office contained therein. In 1984 the predecessor in title subdivided the property into Lot 132 (the "Locus") which contained the garage and Lot 133 which contained the dwelling and office. Lot 132 then measured its frontage along Pond Drive and Lot 133 maintained Hussey Farm Road as its frontage. When the two (2) lots had been considered as one (1) the Lot met front yard setback requirements from Hussey Farm Road and further, met the 10-foot side yard setback requirement for the garage from Pond Drive. When the Lots were subdivided, the lot with the garage on it became non-complying as to front yard setback being sited 12 feet from its front yard lot line as measured from Pond Drive rather than the required 30 feet. 07~707 , However, no enforcement action was ever taken and the garage has remained in the same location from the date of the 1984 sUbdivision until the present. Applicants subsequently received a Building Permit and Certificate of Occupancy to construct a single family dwelling at the rear of the Lot that met all dimensional requirements and in 1990 received a Building Permit to construct a deck onto the house. Applicants now propose to renovate the two-car garage structure and convert second floor space into a garage apartment. There would be no increase in the footprint of the structure and any additions that will be made to accommodate exterior stairway access and placement of shed dormers on the structure would be made outside of the 30-foot setback area. Applicants would be allowed to convert said space and have a secondary dwelling unit on the premises as a matter of right were the garage sited outside of the setback area. Any alteration to a non-complying structure would have to be made by Variance. Applicants represent that moving the structure would be difficult and cause extreme financial difficulty, costing several thousand dollars. The placement of the existing septic system and leaching field would severely hamper relocation to a point outside of the required setbacks while still maintaining the required 12-foot distance from the principal dwellin~. Applicants stated that the nearest abutter, at 5 Pond Drive, preferred that the garage remain in its present location to minimize infringement on his privacy which would occur should the garage be relocated. The abutter at 10 Hussey Farm Road also expressed the same concern and preference. However, both supported the addition of the garage apartment. It was also noted that Applicants had been before this Board in 1986 (BOA File No. 132-86) asking for similar relief but the Application was withdrawn without prejudice. 4. The Board finds that the garage structure is protected by the lO-year curative statute from any enforcement action. The Board further finds that due to the facts as presented in this case, and the overwhelming neighborhood support for the proposal, and owing to the unique location of the structure and difficUlty relocating it, conditions especially affecting the Locus but not affecting generally the zoning district in which the Locus is situated, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financial and otherwise, to the Applicants (in that they had purchased a lot in good faith with a non-complying structure on it) ~nd the 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. 5. Accordingly, by a vote of four (4} in favor (O'Mara, Williams, Leichter and Waine) and one (1) abstaining (Balas), the Board GRANTS the requested relief by VARIANCE under Zoning By-Law.~139-l6A to allow conversion of the second floor garage space into a secondary dwelling unit and further makes the finding that the garage structure is protected from enforcement action by the curative statute subject "~". .4 ~I .. ... 071.707 to the following conditions: a. The apartment shall be limited to year-round occupancy; and b. The footprint of the garage structure shall remain substantially unchanged, and that any additions to allow for second floor access and dormers shall be made outside of the 3D-foot setback area. Da ted: November d-.-, 1995 MiChJJ~ ~ (j1~/1 MdJ- Ann G. Balas TOW RECEIVED NA N CLERK'S OFFICE NTlJCKJ::T MA 02554 NOV 02 1995 "/vlt;. ______ --------- ." . CtERK: . ''', ----------.--.._-::,-,~::X~__' .', '.... ,.:_; 4;,:....,:.... "''; t" I CERllFY THAT'20i1AYSHAVE~AFT~THE.OECIStO/'. ' :S=.~~~F~..OF.....i.~..~..j.~~__': T~~s 4OA. SII!CTtClM'H'. . .... i"/~ d '> .... ,.' ... P"foWrT.C K,' ',;_ , ". '., '_' ,.,~ J \" ". '... .....APJkl ~.1396 ' , ,.',,"':-... -~ \. ~~." .~~.~"'; 6' 'f. M o ~ o ..c :i i ~ 000221 M :( I ~1 ~ 9 'It ~ ~4 ~\j\-C~!E f"4 2 ~ a l:- m~ · <t' - -~ r-1 It o _ JJ.. JIll m a:: Z ~--~ l&.J 0 %~~La-~~ /<; ~ ~~ T ~ ;~ ,~ r fYlmFYm~T20 DAYS HAVlEINIII) API'M '; ;{L DfX1SJON WAS f1LED IN TIlE 0FftCB CJI 'IHI 'l'~-:w~ a.atK. AJlD TP.AT NO APPEAL HAS B8BN ~1L6D. f\UWttlOG&&ALLAWS4M,SBCUCIC 11 ~. -.-/ ... -. . - .- . , -' . -:.-11.--." _.~~ 106203 FEB 11_.;., ~.:'. . .. ~ . .!.;.' ATTEST: A TRUE COpy ..;-. .,. ^. C- . _ . ~~ - . NANTUCKET TOWN CLERK''. - 4j:.' / TOWN OF NANTUCKET 1062.03 ORIGINAL 000222 BOARD OF APPEALS NANTUCKET, MASSACHUSElTS 02554 Date: :1m~~ 2t) , 2rY:>'f To: Parties in Interest and,Othersconcer~ed with the Decision of the BOARD OF APPEALS in the Application of the fOlloving: tw?-03 ~r~t1 ~(aJjtt Ql"dJ rlCJtJ~ Application No.: Owner/Applicant: :1oo\e~8 Enclosed is the Decision of the BOARD OF APPEALS'yhich has this day been filed in the office of the Nantucket ~own Clerk. ~ An Appeal from this Decision may be taken pursua~_to ..... c:;.... Section 17 of Chapter 40A, Massachusetts General __ s. ~ 7.. N Any action appealing the Decision must be brough~ 0 filing an complaint in court within TWENTY (20).~s af~ this day's date. Notice of the action with a cOPY~f theUJ complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTJD (20) days. ~~iJ ._, , I . . ..._~. . . :-i \)~~~~ ~~<J . - ehai-rm.an J cc: Town Clerk Planning Board BUilding Commissioner PLEASE NOTE: MOST SPBCIAL PBRMITS AND VARIANCBS HAVB A TIME LIMIT AND WILL EXPIRB IF NOT AaTED,UPON ACCORDING-TO NANTUCKET ZONING BY-LAW 1139-301 (SPBCIAL PERMITS), a139-32I (VARIANCES) ANY QUESTIONS, PLBASB CALL THE NAN'l'UCJtBT ZONING BOARD OP APPEALS. 000223 106203 Zoning Board of Appeals 1 EAST CHESTNUT STREET Nantucket, Massachusetts 02554 Assessor's Map 56 ParcelISI.1 Residential-2 3 Pond Drive LC PLN 148J0-7 Lot 132, C.O. T. No. 20,876 At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 12, 2003 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 the Application ofDA VID CLOUGH AND JANE B. CLOUGH, clo Vaughan, Dale and Hunter. P.C., Whaler's Lane, P.O. Box 659, Nantucket, MA 02554, on Board of Appeals File No. 087-03; 1. Applicants are ilIP.P.Iring a MODIFICATION of previously granted VARIANCE relief in the Decision in Board of Appeals File No. 056-95 that allowed the constJuction of a second floor ovea- an existing garage structure to provide a secondary dwelling. The garage was sited within the required 30-fuot front yard setback area in 1980. Applicants are now proposing to expand the living space into the first floor area of the ganage space, while maintaining a single garage space. Entry steps added on the westerly side of the structure within the required 30-foot setback area would be removed and access would be provided outside of the 30-foot setback area. The Premises is located at 3 POND ROAD, Assessor's Map 56, Parcell5!.l, Land Court Plan 14830-7, Lot 132. The property is zone Residentia1-2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the Public Hearing. The Planning Board made no recommendation in this matter as the matter was not of planning concern. There was one letter in support of the Application presented at the Public Hearing. 3. AppIiamts, through counsel, ~ that the Locus was a portion of a bigger romer lot that had been subdivided into two parcels in 1984. Upon subdivision newly crated Lot No. 133, abutting the Locus to the east, was benefited by and subject to a front yard setback taken from Hussey Farm Road and side yard setback from Pond Road. However, upon subdivision, newly created Lot 132, the Locus. which until then had been subject to a ten-foot side yard 8etback, now took fi'ontIge off of Pond Road and was therefore benefited by and OOO%~~ ti 106203 subject to the thirty-foot front yard setback required in the zoning district. CcmsequentJ.y, the . subdivision left the Locus with a garage, origiDally sited outside of the ten-foot side yard setback prior to subdivision, now sited within the thirty-foot front yard setback area. Applicants explained that in 1995 Appliamts' predecessors-in-inta'est applied to the Nantucket Zoning Board of Appeals for a Variance to ratify the siting of the existing nonconforming garage within the thirty-foot front yard setback area and for pennission to convert the second floor of the garage into a secondary dwelling. The Board in the Decision in BOA File No. 056-95 granted the requested relief provided that there was no expansion of the footprint within said setback area and that the apartment be limited to year-round occupancy 4. Applicants are now requesting a Modification to that Variance to include the highlighted portion of the following text: ". ..conversion of the second floor garage space as weD . . D8I'tieII of tile lint fteor _raft mace into a secoudary dwelling.. AppliC8Dts stated that the plAnned conversion of a portion of the first floor garage space would include living area as well as kitchen &cilities. while leaving one conforming parking bay for use as a garage on the' :first floor. There would be no expansion of the footprint or any further intrusion into the required 30-foot front yard setback area. 5. Therefore, based upon the foregoing, the Board finds that the requested Modification of the conditions in the Variance granted in the Decision in BOA File No. 056-95 to now allow alteration of the interior first floor space to allow an expansion of the living ~ without expansion of the footprint within the required 30-foot front yard setback area, would not be IIJbmmrial1y more detrimeota1 to the neighborhood than the existing nonconfonnity and further reaff'UJbS the Variance related findings made in said Decision. 5. Accordingly, by an UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of tile VARIANCE granted in the Decision in Zoning Board of Appeals File No. 056-95, under NA11k1dtet Zoning By-law 139-16A, to allow the conversion of the expansion of the second floor living space of tile secondary dwelling into a portion of the first floor garage space. while mqint"'Jling a one-bay garage space for parking, subject to the following conditions (whk:h inoo.tporates the conditions contained in the previous Decision): 106203 U'002:~5 . I! <a) The apdilmet4 sball be limited to year-round occupancy; (b) The fooqRint of the garage structure sball remain substantially unchanged, and any additions to allow for second floor access and dormers shall be made outside of the 30-foot setback area; and (c) The apartment sbalI be limited to a single bedroom. ___n~ . Dale Waine Edward Murphy . I .. ~ ! : r ~ BoA Form 2-89 ~&OO NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 J '~~'J 2 ;; '1 '~lj. tLi ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: \X1v\G l' c-\:''ne~~ ~-\l)06~ APPLICANT FOR RELIEF (SAME? ~ ): ADDRESS OF PROPERTY: -?; ~Of\~ 7~\) ASSESSOR'S MAP - PARCEL: ~0 \s:\ .\ * * LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ~): I certify that the foregoing (or the attached _) lists all persons, natural or legal, 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 three hundred feet of the ~roperty line of Owner's property, as they (and their address) appear on the most recent applicable tax list [per M.G.L. c.40A, s11 and Zoning Code Chapter ;;' ;;79D(2)]. &~ a ~~ ~ . , Assessor's Office' Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. 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