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HomeMy WebLinkAbout064-07 " TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ~ Date: August ,25007 ..:.j To: Parties in Interest and. Others concerned with th~ DeciQ~on of ,-" the BOARD OF APPEALS in the Application of the following: C~ , N Application No.: 064-07 -0 ,>oJ r',) .... Owner/Applicant: ROBERT AND MEGAN TURNER 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. (~ (JfiK 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. I NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 55, Parcel 4 23 West York Lane Certificate of Title No. 21,613 Land Court Plan 13302-G Lot No. 12 Residential -1 (R -1) DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 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 ROBERT AND MEGAN TURNER, (hereinafter the "Applicant"), of 23 West York Street, Nantucket, Massachusetts 02554, owner of the above-property; BOA Pile No. 064-07: 2. Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By- law Section 139-33A (alteration/expansion of a pre-existing nonconforming use/structure). Applicants propose to alter and expand their single-family dwelling by upward expansion of the structure to create additional interior living space. While the majority of the upward expansion would take place primarily outside of the required ten-foot front and five-foot side yard setback areas, a portion of the work would take place within the front yard setback area and would raise the about 19'4" ridge height to about 22'3". Two new dormers would be added to the new second floor space within the existing footprint without coming any closer to the northerly or easterly lot lines than the existing structure. Other alterations would be made outside of the required setback areas and would not need relief from this Board to complete. The locus is nonconforming as to lot size with the lot containing about 3,042 square feet of lot area in a district that requires a minimum lot size of 5,000 square feet; and as to setbacks with the structure being sited as close as about three feet from the front yard lot line in a district that requires a minimum front yard setback often feet and sited within one-foot of the northerly side yard lot line in a district that requires a minimum side yard setback of five feet. See also the Decisions in BOA File Nos. 026-03 and 078-99. The Premises is located at 23 WEST YORK LANE, Assessor's Map 55, Parcel 4, Land Court Plan No. 13302-G, Lot 12. The property is zoned Residential-I. 3. Our decision is based upon the application and accompanying materials, and representations and testimony by Applicant's legal representative, received at our Public Hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There was no other support or opposition expressed at the Hearing or in writing on file. 1 4. The Applicants, through their representative, stated that they had acquired the Locus in January 2005. The Locus was improved with a single-family dwelling, constructed in 1929, that was sited as close as about three feet from the front yard lot line along West York Street in a district that requires a minimum front yard setback of ten feet. The locus is benefited by previous grants of Special Permit relief in the Decisions in BOA File Nos. 078-99 and 026-03 related to reconfigurations of common lot lines with the immediately abutting lot to the north. Applicants state that the siting of the structure is grandfathered as to location and is clearly visible on the 1938 and 1957 aerials in the Town records in its current location and general configuration. As part of an overall renovation of the dwelling, the Applicants propose to expand the structure in an upward direction, increasing the roof ridge height from about 19' 4" to about 22' 3" in order to increase interior living space. The work would include the construction of two new dormers that would add approximately 113 square feet of second floor interior living space to the dwelling within the existing footprint of the dwelling. The structure itself is sited as close as about eight feet from the front yard lot line, with the front porch sited as close as about three feet and a portion of the increase in height would take place within that area without corning any closer to the front yard lot line than the existing structure. Parking would continue to be provided on site. The Board has granted similar relief to expand the structures in a similar manner on the two abutting properties to the north, built at the same time and similarly sited as the subject structure. There would be other alterations made to the structure that would not need relief from this Board. Said work would be done in substantial accordance with Certificate of Appropriateness No. 50,187, issued by the Nantucket Historic District Commission on March 27, 2007. 5. Based upon the foregoing, the Board finds that the alteration and expansion of the dwelling as proposed would be an increase of the nonconformity within the required front yard setback area with the increase in height and construction of a portion of one dormer and further finds that said increase would not be substantially more detrimental to the neighborhood than the existing nonconformities and have little impact as most of the upward expansion would take place outside of the setback area. In addition, the Board finds that a grant of relief would be consistent with similar relief granted to abutting property owners. 6. Accordingly, by a UNANIMOUS vote, the Board of Appeals GRANTS the requested reliefby SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A(4) to allow the upward expansion of the pre-existing nonconforming dwelling on the Premises within the required front yard setback area as proposed, subject to the following conditions: a. The alterations shall be done substantially in conformance with Certificate of Appropriateness No. 50,187 issued by the Historic District Commission, as may be amended from time to time; and b. There shall be no further expansion of the structure within the required setback areas without further relief from this Board. 2 (BOA File No. 064-07) Dated: August R-, 2007 ) ~~ 3 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD 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 lli!!! P.M.. FRIDAY. JULY 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: ROBERT AND MEGAN TURNER BOARD OF APPEALS FILE NO. 064-07 Applicants are seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming use/structure). Applicants propose to alter and expand their single-family dwelling by upward expansion of the structure to create additional interior living space. While the majority of the upward expansion would take place primarily outside of the required ten-foot front and tIve..foot side yard setback areas, a portion of the work would take place within the front yard setback area and would raise the about 19'4" ridge height to about 22'3". Two new dormers would be added to the new second floor space within the existing footprint without coming any closer to the northerly or easterly lot lines than the existing structure. Other alterations would be made outside of the required setback areas and would not need relief from this Board to complete. The locus is nonconforming as to lot size with the lot containing about 3,042 square feet of lot area in a district that requires: a minimum lot size of 5,000 square feet; and as to setbacks with the structure being sited as close as about three feet from the front yard lot line in a district that requires a minimmn tront yard setback often feet and sited within one-foot of the northerly side yard lot line in a district that requires a minimum side yard setback of five feet. See also the Decisions in BOA File Nos. 026-03 and 078-99. The Premises is located at 23 WEST YORK LANE, Assessor's Map 55, Parcel 4, Land Court Plan No. 13302-G, Lot 12. The property is zoned Residential-I. .()IbJJ~ ~. Nancy J. Sevre s~hairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. 11 NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 APPLICATION FOR RELIEF CASE NO. acr -07 FEE: $300.00 Owner's name(s): Mailing address: Robert and Megan Turner 23 West York Lane, Nantucket, MA 02554 Applicant's name(s): Mailing address: Robert and MeQan Turner Same Locus address: 23 West York Lane Assessor's MapIParcel: 55/4 Land Court PlanlPlan Book & Page/Plan File No.: L. C. PI. 13302-G Lot No.: 12 Date lot acquired:-LI--.L/ 05 Deed Ref./Cert. of Title: COT 21613 Zoning District: R-1 Uses on Lot-Commercial: None-X. Yes (describe) Residential: Number of dwellings----1- Duplex Building Date(s): All pre-date 7/72? Yes or Apartments Rental Rooms C of O(s)? Yes Building Permit Nos: Previous Zoning Board Application Nos.: 026-03, 079-99, 078-99 State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: The Applicant requests a Special Permit pursuant to 139-33(A)( 4), as more fully set forth in the attached Addendum. 1 ,J <) .1 ) I ) LAND COURT Form 4/03/03 DECISION APPEALED?:-1-1_ SUPERIOR COURT: II ADDENDUM TO ZBA APPLICATION ROBERT and MEGAN TURNER - 23 WEST YORK LANE The Applicants, Robert and Megan Turner, request Special Permit relief for their property located at 23 West York Lane (the "Property"), Parcel 4 on Nantucket Town Assessor's Map 55, shown as Lot 12 on Land Court Plan 13302-G. The Applicants propose to renovate the existing single family dwelling on the Property and erect two (2) dormers on the second floor of the structure which will add approximately 113 square feet of interior space to the existing dwelling within the existing footprint of the dwelling. This work will raise the roof ridge height from 19' 4" to approximately 22' 3" feet. This work will be conducted in accordance with the Certificate of Appropriateness No. 50187, issued by the Nantucket Historic District Commission on March 27, 2007 (copy attached as Exhibit "A"), and also in accordance with the architectural plans prepared by BPC Architecture (copies attached as Exhibit "B"). The subject property is located in the Residential-1 (R-1) Zoning District. The structures on the Property were erected around 1929, as demonstrated and documented in Special Permit Decision No. 026-03, issued by this Board on May 9, 2003, a copy of which is attached as Exhibit "C". Accordingly, the dwelling is pre-existing, non-conforming as to the current intensity regulations for the R-1 district. The dwelling is located as close as 3' from the easterly lot line and within the required 10' front yard setback, as shown on a Plot Plan prepared by Charles W. Hart & Associates, Inc., dated January 6,2005, a copy of which is attached hereto as Exhibit "D". The proposed work and specifically the raising of the roof ridge height to 22' 3" will be done within the required 1 0' front yard setback. Granting the proposed Special Permit will not be substantially more detrimental to the neighborhood than the existing, non-conforming dwelling on the Property. The proposed renovation and addition to the existing dwelling is moderate in size. The renovated dwelling will be in harmony with other houses in this area of the island. Also, by granting the requested Special Permit, the Board would be acting in a manner consistent with the spirit and intent of the Zoning By-Law. The Applicants are not proposing any work or change to the footprint of the dwelling on the Premises. Accordingly, the Applicants respectfully request the Board to grant the requested Special Permit. 1 Town of Nantucket Web GIS - Printable Map Page 1 ot L. Town of Nantucket Web GIS Prop ID Address Owner 554 23 W YORK LN TURNER ROBERT D & MEGAN S 23 W YORK LN NANTUCKET, MA 2554 01/07/2005 $615,000 C0021613 0.07 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. Qis_c1aimeI 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 ~p.nnr::tnhir Tnfnrm.:::ltinn c::.\/c;;.tp.m ((:;Tc::.' n;:!t.:::.h.:::l<::p. Sale Date Sale Price Book/Page Lot Size o ~~ Town of Nantucket, Mass Map Composed http://host.appgeo . comlnantucketmaJPrintableMap.aspx?Preserve= Width&Map Width=864... 6/27/2007 Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner 554 23 W YORK LN TURNER ROBERT D & MEGAN S 23 W YORK LN NANTUCKET, MA 2554 01/07/2005 $615,000 C0021613 0.07 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 (:;lOr'll1r;:::mhir Tnfnrm~tinn c;,\/c:h:::r.m rr::Tc::.' rL=tt::.h;=l<::,::I. NOT A LEGAL DOCUMENT Sale Date Sale Price Book/Page Lot Size a ~~ Town of Nantucket, Mass Map Composed http://host. appgeo. com/nantucketmalPrintab leMap. aspx?Preserve= Width&Map Width=4 32... 6/27/2007 ZONING CLASSIFICATION: . r?:..-...t. . MIN. AREA: . . . , . . . ~;gep.~{. MIN. FRONTAGE: . . . . . . ....;:>P.~ FRONT YARD S.B.: . . . . . ./.Cl'fl: RtAR '" SIDE S.B.: . . . . . .6:0/, GROUND COVER (%): . . . . ::59. r" J{ EXISTING: . ;:;5.QYJ?, ~ $,/i' . .5~ .?t<AIV . , . . (/. , . . . . . . 1( . . . . . . . ,II. -. . . . 55- :5.3~ tV/,&' L? MA.<77NV ,1?~'" .- Ity' I C\l "q\~, 1<\ 'O.vlQ 18.M - _ :... -00 -?~ V>-:, o~ ~ 'e~ ,...<::> -<...... .....0 -..:5"'.s- -LO '..:? \5",0 s::> ~C'"...>... 1-(0 ~ oS TO: . ~I'Y"T~CK~r~PA#I{. . . . . I CfRTlFY. TO THE BEST Of NY KNOWlEDGE, THAT ruE PROIISES SHOWN ARE LOCA1ED IN flOOD HAZARD ZONE: . .c;... . .,DEUNEA1ED ON FJ.RJL / COUUUNITY PANEl NUt.lBER: 250230-00 .:.1,,(. J), BY THE moo flAERGENCY LlANAGEMENT AGENCY. EFFECTIVE DATE OF !lAPS: JUNE 3, 1986, AND Ki PERIODICAllY REVlsm. :', ..>.~~ ...... f I, , Iei'/o O/f;' ~ ~ , \ I .1 .sry W'/P"' .oW,e-.GUkC G;. C. ::: ~/5~ s.;;: , ;}= ~ ~ /...... ~ 3 ~ -9 !l 'p~//.fc' , " ,verT:... .-AlT 1 TA.N' C::>oC' ' , , /1;'.:20-00 -s~ ~ ..>--- MORTGAGE PLOT PLAN OF LAND IN NANTUCKET, MASS. SCALE: 1"= /5' DATE: :r;zf.Iy: '-",.zOO ~~ ;r(,)sKO Owner. ,f(/~M""'{'J%"'~.$'~ ~ ',,., . . . .<. C-I/ -:> /,<. of /..:5 Deed: ~~. ;?q~7". Plan:..{'f', !~~q?;G;'fJ( . . ;:Z.:3 Tax Map: . $..5:- 9: . . . Lacus: 1(.I~$T.Y:O.f?/:( ~.e CHARLES l'f. HART & ASSOCIATES, Inc. SANFORD BOAT BUILDING 49 SPARKS AVENUE ") NANTUCKET, MASS. 02554 (508) 228-8910 H-6'.23f.i l' THIS PLOT PLAN WAS PREPARED FOR MORTGAGE PURPOSES ONLY AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABUSH PROPERTY UNES, FENCES, .HEDGES OR ANY ANCJLLARY STRUCTURES ON THE PREMISES. THE PROPERlY UNES SHOWN RElY ON CURRENT DEEDS AND' PLANS OF RECORD. THJS PLOT PLAN IS NOT A CERllFlCATION AS TO THE 111lE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTlE$ ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS OF THE TOWN OF tWffilCKET. NOT TO BE RECORDED. e:\J09S\CWH\lI'P \ It EXHIBIT A " CERTIFICATE NO: ~o \'{,'{ ! I. ()S "24 l,..r.:r . I DATE ISSUED: Application to the HISTORIC DISTRICT COMI'<IISSION, Nantucket, Massachusetts. for a CERTIFICATE OF APPROPRIATENESS for structural work. All blanks must be filled in using BLUE OR BLACK INK (no pencil) or marked N/A. NOTE: It is strongly recommended that the applicant be famlller with the HOC guidelines. Building with Nantucket In Mind. prlor to submittal of application. Please see other side for submittal requirements. Incomplete applications will not bll reviewed by the HOC. This is a contractual agreement and must be filled out in ink. An application Is hereby made for issuance of a Certifica!e of Appropriat!lness under Chapter 395 of the Acts and Resolves of Mass., 1970, for proposed work as described herein and on plans. draWIngs and photographs eccompany'ng this applicatIon and made a part hereof by reference" The certificate is valid for three years from date. of issuance. No structure may differ from the approved application. Violation may impede issuance of Certificate of Occupancy. PROPERTY DESCRIPTION TAX MAP NO: C;-.;- PARCEL NO. l/ Street & Number of Proposed Work: ~ <, "u',/t- ~ I '10((>(., LA !J(-' Owner of record:: IS L~ l;> i t' ,.; t 1'." "I <..; ['- , J,_. R Mailing Address: :1-~' ."\.' c' So, Y()(?i.o: 5.1 'l-..J(\I..J',1,j ct., E: ,/71-1 0.1 <.; \ " Telephone: ;):l?t' ;J. 7 J.. -; (on island) . AGENT INFORMATION (If applicable) Name: P-, ("":>c 1/ FOR OFFICE USE ONLY Date application received: . -;/1; /1:> 7 , Must be acted on by: !I-j / C. Extended to: Approved: Chairman: Mamber: Member: _.~ Fee Paid: $ ~ (off island) I Member: \. Member: Notes - Comments - ~ strictio;\s - Conditions "\ I-h.;'.. U "':../.\)1~-F - -\it) \:'- 1-1 Ci", ~.. FAr... (~,...);:.. H""-- " -\--.. Mailing Address: ? r::, p, <) '-' D ~ I IdA GI....,cL, ~-i ,nL:!. ~)1- <;<"(l Telephone; J_:t.y. J. f ?7 (on island) (off island) 'f=.-{ ~)\?-( J)r\1.? r') \T) 4_ I (",\=---f" 1(.;.> l":)~ l.t-\l'-"'~:>{"c:..- 11: L'.)f-\t..-l. - L~-) I 0 f)i1t.-U':> I\"~/ , I p) L ~ 7;. /.." ~JfTo~ I o New Dwelling 0' Addition o Color Change 0 Fence o Other (please specify) Size of Structure or Addition: o Garage o Gate DESCRIPTION OF WORK TO BE PERFORMED See reverse for required documentaUon. o Garage/Apartment 0 Commercial 0 Historical Renovation 0 Deck o Paving 0 Move 8uilding 0 Demolition 0 Revisions to previous Cert. No. o Steps o Shed ' Length:!}:;>-' 6 ., Width: 1(1'-,.; " 5"-(,- Sl: Decks: Size: __ 0 1st floor 0 2nd floor Size: 0 1st floor 0 2nd floor Sq. Footage 1 st floor: Sq. footage 2nd floor: Sq. footage 3rd floor: Difference between existing grade and proposed finish grade: North Height of ridge above final finish grade: North Additional Remarks South East West South East West Historic Naml!: Original Date: ~'';':i i. REVISIONS' , (describe) t, East Elevation 2. SOJ.,llh EIJvation 3. West Elevation 4, North ElevaUon Original 8uilder: Is there a~ HOC survey form for this building? 0 Yes'"1B'No .i 'Cloud on drawings and submit photographs of eXisting elevations. O 0 DETAIL OF WORK TO BE PERFORMED Foundation: Height Exposed Block" Block Parged 0 Brick (type) 0 Poured Concrete 0 Piers Masonry Chimney: 0 810ck parged 0 Brick (type) 0 Other Roof Pitch: Main Mass __./12_ Secondary Mass _/12_ Dormer ----112_ Other Roofing material: lBAsphalt Manufacturer Ikr) - '. j An.C , ()~i (>/ ~ ><1<_. 'v G o Wood (Type: Red Cedar, White Cedar, Shakes, etc.) D.Other Manufacturer Skylights (flat only): Manufacturar Manufacturer Gutters: 0 Wood (type) Leaders (material and size): Sidewall: 0 White cedar shingles o Other Trim: A. Wood Fence: Height: Type: Length: ----' Rough Opening Rough Opening D Aluminum Size Location Size Location o Copper o Clapboard (exposure: inches) Front 0 SideD B. Treatment C. Dimensions: OPine 0 Redwood -[9""Cedar 0 Other [l}Palnt D Stain-solid 0 Natural to weather Fascia Rake o Clear oil finish Soffit (Overhang) Comer boards Columns/Posts: Round _ Square_ Frieze Window Casing Windows': iltOouble Hung 0 Casement -' [i)'rrue Divided Ughts(muntins) Doors' (tYpe and material): Front Garage Door(s): Type landsCape mlterlals: Diiveways . Note: Complete door and window schedules are required. Door Frame o All Wood 0 Other o SOL's (Simulated Divided Ughts) Rear Side Material Walkways Walls Sidewall I-J /\ 7 .~ i? '" ( Trim lX...-J- 'I;t.;. COLORS Clapboard (II applicable) Sash "'-.,-1"; (-' Roof {~I? A 'I - /),1> ((JoI /- AI'. i IV ,-, Doors Deck }.J A ; -' C> A ( Foundation . Attac~ manufacturer's color samples if color is not from HOC approval list. I hereby authorize the agent named above tp act on my behalf to make changes in the specifications or the plans contained in this application 'In order to bring the i' application into compliance with the HOC guidelines, I hereby agree to abide by and comply with the terms and conditions of this application. I hereby agree that the submission of any revisions to. this application will initiate a new sixty~ay review period. /'_ Date ., h '(? Si nature of owner of r -' ,t, _. .. Fence Shutters 11' EXHIBIT B , ~CJ ~""C ~n c ~ ~ Vl --. --I ~ .. ~- II JT1 :~ Sl ~ ""C Inm g ~ s;: z reo l~ ~~ Qo I~ (Q -I c 3 ~ -a CD """"I 3 ;:::::j: en CD r-+ () o < CD """"I ~() s: --L ij~ / / L , /; ........... / . 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Others concerned with the Decision of the BOARD OF APPEALS in the Application of the fol.lowing: Owner/Applicant: Ae!JpccD- ()2W~03 !h, 'cl1a el f-erC1.fler oncP JC) sf 0 . Application No.: Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any" action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. 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); ~139-32I (VARIANCES) I ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Assessors Map 55 Parcel 4 R-l 23 West York Street LC Plan 13302-G, Lot 12 LC Plan 13302-H, Lot 13 Cert. of Title 20,234 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M., Friday, April 11, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the MICHAEL PERANER AND REBECCA JUSKO, of PO Box 2778, Nantucket, MA 02584, Board of Appeals File No. 026-03, the Board made the following Decision: 1. 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 remove the front entryway with a single set of steps, and reconstruct a new entryway with friendship steps (two sets). The current front stoop/steps are sited as close as about two feet from the front yard lot line along West York Lane in a district that requires a minimum front yard setback of ten feet. The new stoop and steps would be sited no closer to that front yard lot line and there would be no increase in ground cover as a result of the alteration. The Locus is nonconforming as to lot size, having a lot area of about 3,014 square feet in a district that requires a minimum lot size of 5,000 square feet; as to front yard setback with the main portion of the dwelling unit sited as close as about seven feet, with the entry steps sited as close as about two feet from the lot line along West York Street, in a district that requires a minimum front yard setback of ten feet; and as to side yard setback, with the structure sited less than one foot from the northerly side yard lot line in a district that requires a minimum side yard setback of five feet. See also BOA File No. 078-99. The Premises is located at 23 WEST YORK LANE, Assessor's Map 55, Parcel 4, and Land Court Plan No. 13302-G, Lot 12, and Land Court Plan No. 13302-H, Lot 13. The property is zoned Residential-I. 2. The Decision is based upon the Application and the material submitted with it and the testimony and evidence presented at the Hearing. The Planning Board made no recommendation finding that the matter did not present any issues of planning concern. There were no letters on file. The direct abutter to the north spoke in favor of the project stating that the Applicants had done a "wonderful" job of renovating the structure to date. 3. The Applicants represented that they had acquired the Locus, containing a single- family dwelling in 2002. They were in the process of an overall renovation of the structure. Applicants stated that the existing nonconformities were grandfathered, specifically the placement of the front stoop/steps, sited at a point as close as about two feet from the front yard lot line along West York Lane in a district that required a minimum front yard setback of en feet, pre-dated the 1972 enactment of the Zoning By- minimum front yard setback of en feet, pre-dated the 1972 enactment of the Zoning By- law, as they were constructed around 1929 and little change had taken place since that time. Applicants proposed to renovate the front stoop, which currently contained six steps on the northerly side, by reconfiguring the placement of the steps. The stoop would have a new set of three steps on the southerly side and three steps on the northerly side. Neither new set of steps would come any closer to the front yard lot line than the existing stoop or set of six steps. The Applicants also represented that there may be a necessity to replace other portions of the front stoop due to the deteriorating state of the wood as they progressed with the project and were asking for relief by Special Permit to complete the project as proposed. 4. Based upon the foregoing, the Board found that the renovation and reconfiguration of the front steps from six on the northerly side to three steps on the southerly side and three steps on the northerly side of the stoop, including the renovation and possible replacement of the stoop platform and supports, would not be substantially more detrimental to the neighborhood than the existing situation. The front yard setback intrusion would not be increased and the massing within the required setback area would not be increased. 5. Accordingly, by a UNANIMOUS VOTE, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A to allow the renovation and reconfiguration of the front steps as described above, which renovation may include the renovation and/or replacement of portions of the front stoop platform itself, upon the following conditions: a. The project shall be done in substantial conformance with the Certificate of Appropriateness No. 41,404 issued by the Nantucket Historic District Commission, as may be amended; and b. The renovated/reconfigured front stoop/steps shall come no closer to the front yard lot line than the existing front stoop/steps, which are sited as close as two feet. Dated: May C. Richard Loftin TOWN OF NANTUCKET QY\ f--I<- L.W L'-'V ~ .. BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December /7 ' 19 99 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the f_ollowing: Application No.: 078-99 Owner/Applicant: DIANE K. STEELE, SUSAN SANDBACH AND WILLIAM SANDBACH Enclo~ed is the Decision of the BOARD OF APPEA~S 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. Y\If - ~~~ William P. Houriha-n 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 ~139-301 (SPECIAL PERMITS); fi139-321 (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55 Parcel 04 R-1 23 West York Lane LC Plan l3302-B, Lot B Cert. of Title No. 18,363 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, September 17, 1999, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of DIANE K. STEELE, SUSAN SANDBACH AND WILLIAM SANDBACH, of.41 Keith Avenue, Cranston, RI 02910, Board of Appeals File No. -07i-99, the Board made the following Decision: 1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning Bylaw ~139-33A(8) to alter and change the boundaries of a said to be pre-existing lot located at 23 West York Lane (Locus) with a neighboring pre-existing nonconforming property located at 21 West York Lane. Presently the single-family dwelling on the Locus encroaches onto property of 21 West York Lane and the garage on 21 West York Lane encroaches onto the Locus. Applicants propose to correct said encroachments by conveying about 240~ square feet of land to the owner of 21 West York Lane and receiving about 240~ square feet of land from that owner in return. The Lots would therefore maintain their respective nonconforming lot sizes. The Locus is nonconforming as to lot size with the Lot containing less than the required 5,000 square feet of area; as to front yard setback with the structure being sited closer to the front yard lot line along West York Lane than the required 10 feet; and as to side yard setback distance with the dwelling being-sited over the .northerly side yard lot line in a district that requires a minimum side yard setback of five (5) feet. See companion case in BOA File No. 079-99. The Premises is located at 23 WEST YORK LANE, Assessor's Map 5, Parcel 4, Land Court Plan 13302-B, Lot B. The property is zoned Residential-l.3. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. The Planning Board made a favorable recommendation. There were no letters on file and no opposition expressed at the hearing. 3. Applicants propose to cure a pre-existing nonconforming setback intrusion as described above, by exchanging a 240+ square-foot parcel of land with the immediate neighbor to the north, which Lot also has an intrusion onto the Locus as described above. Though the intrusion onto the Lot to the north would be cured with the swap in parcels, the single-family dwelling would still encroach into the required five-foot side yard setback area and be sited less than one (1) foot from the new norther~y side yard lot line. The other nonconformities would not be affected by the land transfer. 4. Therefore, the'Board finds that the grant of Special Permit relief would be in harmony with the general purpose and intent of the Zoning Bylaw and that the change in the lot lines, with the swap of 240+ square feet of lot area with the Lot to the north, would not be substantially more detrimental to the neighborhood than the exiting nonconformity and would have the same lot area as presently existing. The Board further finds that there would be no new nonconformities created or increased as both Lots would become less nonconforming as side yard setback intrusions onto the adjacent Lot would be eliminated, though.in the case of this particular Lot, not eliminated with the single~family dwelling continuing to be sited within the required five-foot side yard setback area. 5. According, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning Bylaw ~139-33A(8) to allow the swap of 240~ square feet of lot area with the Lot to the north as shown on.a plan done by Charles W. Hart & Associatesr Inc., dated July 21, 1999 and revised September 3, 1999, marked as E 'bit A and attached 'hereto. Dated: December /1 , 1999 RECEIVED TOWN CLERK'S OFFICE NANTUCKET. MA 02554 DEe 1 7 1999 TIME: <~ :3J.- pM. A~~l. . \,. ---I-- CLERK: ~Ll r+~. Edward Sanfo d ~()'~ i hael J. O'Mara Nancy Sevrens . -"'" - 1 Z'ON1ijG. CLASSlFlCATlON: /Y-: . .-..' sooa -.s>F.:< 1oUN. AREA: . . . .'; J:-' '.' .,...... WH. FRONTAGE: . . 'Yo' .~'~;:n:". . . FRONT YARD S.B.: . ../. .'("j; . . REAR & SlOE S.B.: . ."'6 r:r.. . GROUND COVER (~): .~ . ~/r . . . EXlsnHG: ;:'07' C r -!-"189;1;.:JR CO"'19"'1~/ Tr;>t;;.ll) ~07'.a =: ~O /-1-:tr ..s.P. (OriSIM}l Modl- '. . . . . . . . . {"lea b.::; St.,;jt'~ ~~~?~~:. ~\v,'\'1Ht "'9kwayJ.ayout) " . . . . . . . . . . . J{ , l( ;) ~ ~ ., ~ '( ~ ~ . -l 1'\ \j \')'l.4 ~~ ~ ~ I( ~ ,j"t5'- 3:3.5' . 11-/1-" ,{". p~/J,.J,.IPS .' - ..- 8.9.~3 . ... .... .,.. . .w tit "it;.- 11\' t:' J "'7~ ~/'" xov~.c ;' G.C;' oS''t'o t: ,o$.F'; ~ ~ o /) ~ .sr:.' w/'" .$'/04KZ1 , C ,.<00/'1. . cO#J>,ru~'() , G.C. & 7'/0 ' ~ ..s.1': ,(,oT c: ~Ci/33()~.a , . , . o o ~ ~ i-- ~ '? ~ ~ ~ ~ . C'~ J::,o or ;? ':' .A.~.e;A." III ~ ;Z+O:t::,cS.P. 10 ~ C TO JJII!: CoN- ~ \J VE::II:Z1 ~RoJo1, Iq ';;"0'1" C TO \9 4-0 r .13 ) t'{ 'P . . . ......\ '. .. /~ ;,. It \S}<.J::-;-CH PJ..,AN OF' . L,A..N:D IN . THIS PLOT pu.N IS NOT A CERllACAnON /oS TO mu: OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS Of' ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. . ~$-.:3~~ (0.) ASSESSOR t.W:..p-'-r-:~.. PARC~(A). NANTUCKET) MASS. ,-t<.v. ..9- j - 3!J sC,lJ,..E: ,. - eo' DATE: 7-;?, /-.~ 9 O JA.N.J::.J.,/.,~. .5/...I.VINSK.E (c) wnor: i>iA.R.e x: .5+-e,ci,i: ~-t ;;"z' . '~:~.'z,) oacd:.c(q.e~(r~q". Plan;to~<3. ?l~~q:c:.JS X;.C......' ,(0 16 ~c:.~ J:,O,:.a] locus .~~ w~.sL.Y~'RX f~', ~\ . . . . .' ~~ woes. ~o;q.1G kM. i....J3,J CHARLES W. HART & ASSOCIATES, Inc. '. SANFORD BOAT BUILDlliG '9 BPARKB A.VENUE NANTt1~,).{ASH. 02M4 (fi08) 228-8910 H-415~ .....,.........~.,. .. EXHIBIT 0 BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS RECEiVED TOWN AND COUNTY BUILDING BOARD OF ASSESSORS NANTUCKET, MA 02554 JUN 1 I~ 2007 ASSESSOR'S LIST OF PARTIES IN INTERESTrOWNOF NANTUCKET MA PROPERTY OWNER: ~obeyj-- aN:! M€(jo.i\ 1Vrnev ' APPLICANT FOR RELIEF (SAME? ~) : ADDRESS OF PROPERTY: 23 w~t~ Oy'L ltt Y\e.. ASSESSOR I S MAP - PARCEL: 55 - _Lf- ff(pI/)6 * * 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, ~11 and Zoning Code Chapter 139, ~139-29D(2)]. ~ _. ~ ~ 5/-0, ;;LtJO 1 ~o. ate I Af!sessor's Office Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning ~elief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. List map and parcels for each abutter. iIlh/~o"..... 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