HomeMy WebLinkAbout033-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
;) u Y\e- 22-
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To: Parties in Interest and. Others concerned with the N
Decision of the BOARD OF APPEALS in the Application of the
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following:
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033 -0 S-
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Application No.:
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
complaint and certified copy of the Becision 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--SFE-e-HrlJ--?ERMITS AND V AIHANCES-HAV:E-A -'I'-I-MB---
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOAlU> OF APPEALS
1 East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 68, Parcel 334
14B Macy Lane
Residential Commercial-2
Land Court Plan 16514-50
Lot 690
Certificate of Title No. 18644
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, April 8, 2005, and continued to Friday, May
13, 2005, at 1:00 P.M., in the Selectmen's Meeting Room, in the
Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, the Board made the following decision on the
application of JEFFREY KASCHULUK, as Trustee of NANTICUT REALTY
TRUST, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post Office
Box 2669, Nantucket, Massachusetts 02584, File No. 033-05:
2. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law ~139-9. B (2) (a) (light manufacturing), (b)
(storage and warehousing), and (c) (fabrication and assembly of
component parts for off-site construction or use), in order to
construct a conforming new structure that would not exceed about
1,400 square feet of ground cover on a conforming vacant lot,
which would contain a two-bay commercial space on the first floor
to be used by up to two separate contractors in the building
trades. The structure would also contain a dwelling unit on the
second floor. All required parking would be provided on-site, in
addition to those which would be committed to the proposed
dormitory use on the adjacent lot owned by the Applicant, as
requested in companion Application 032-05. Because the locus
would be improved with a structure containing a dwelling, the
minimum aisle width under By-law ~139-l8.A(3) (a) is 12 feet, and
this requirement would be met, with the proposed driveway width
being about 13 feet. To the extent that an off-street loading
area would be required for the commercial use, the Applicant also
seeks relief by Special Permit under By-law ~139-20.C, for waiver
of the requirement to provide an on-site loading area. The locus
is situated at 14B MACY LANE, Assessor's Map 68, Parcel 334, is
shown on Land Court Plan 16514-50 as Lot 690, and is situated in
the Residential Commercial-2 zoning district (and the
Neighborhood Employee Housing Overlay District).
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
recei ved at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was--- presented. Oile i-Rte.H~~tpd __I!l_embe:(__of the public spoke in
favor of the application at the second hearing, stating--fh~ the
applicant had done what the Board had asked him to do at the
first hearing and met or exceeded the parking and open space
requirements. There was a letter on file from Robert Gardner,
the general manager of the Wannacomet Water Company, dated March
10, 2005, which stated that the "use of the gravel parking areas
along with the biological treatment of stormwater runoff [would]
provide an adequate level of treatment and recharge", and
approved the plan as presented to the Board.
4. As presented by the Applicant and his representative, he
proposed to construct a new structure upon the locus, which was
now vacant, containing a two-bay garage space on the first floor
to be used as garage/shop areas by contractors in the building
trades, with a single apartment on the second floor. All
required parking would be provided on-site. The proposed
commercial use would fall within the categories of uses allowed
by Special Permit under By-law ~139-9.B(2) (a,b,c) in the RC-2
zoning district, specifically light manufacturing, storage and
warehousing and fabrication and assembly of component parts for
off-site construction or use and be consistent with the heavily
commercially developed area in which the locus was situated. An
on-site loading area was proposed by the Applicant, which would
not, however, have originally met all applicable zoning
requirements as to setback, though dimensionally conforming.
5. The Board of Appeals discussed the question of whether
the driveway width issue was governed by the express language of
the By-law stating that the minimum required driveway width for a
lot improved with a dwelling was 12 feet as alleged by the
Applicant, or whether this should be interpreted as applying only
to lots containing no uses other than dwellings, in which event
the minimum driveway width under By-law ~139-18.A(3) (a) would be
24 feet (with 900 parking proposed). After discussion, the Board
was unwilling to accept the Applicant's argument that the
driveway width of 12 feet applied to all lots containing a
dwelling, even when there was a commercial use on the property as
well, and adopted the interpretation that this applied only to
lots containing no primary uses other than dwellings, and that
therefore the applicable minimum aisle width would be 24 feet.
However, the Board suggested that the Applicant revise the
proposed site plan to show a driveway width of a minimum of 17.5
feet at its narrowest point and the loading zone conforming as to
setback, thus reducing the area between said space and the
parking area below 24 feet.
6. The Board also indicated to the Applicant that it would
prefer that the commercial space on the first floor of the
structure be limited to a single tenant, and the Applicant agreed
to this as a condition for the granting of relief. The Applicant
also agreed that there would be no outdoor storage of goods or
m~t~ri~l~zelated to the commercial use. Eleven parking spaces,
exceeding the number- required by- the By-law, and a loading are-a----
would be provided on the site. In order to meet the required
side yard setback of five feet from the lot to the north of the
2
locus (also now owned by the Applicant and containing a building
in which a business is conducted by the Applicant's wife), the
Applicant reduced the proposed aisle width to about 20' 3", as
shown upon a site plan by Holcomb Designs, dated April 26, 2005,
as revised, to show an entry aisle width of about 17' 6" as it
passed by the structure located on Lot 689. A reduced copy of
this plan, as revised, is attached hereto as Exhibit A.
7. The Board of Appeals noted that the locus was a
conforming vacant lot, subdivided from a larger lot, in a mixed-
use commercial and residential area, located adjacent to a large
commercial complex containing a restaurant and other businesses,
and to another lot containing a large landscaping business. The
area contained various commercial businesses, particularly
contractors' shops. The parking, loading and open space
requirements would be met, even with four of the parking spaces
on the locus reserved by permanent easement for the dormitory use
on Lot 689; a mutual easement would be required for the common
driveway.
8. Therefore, based upon the foregoing, the Board of
Appeals, by UNANIMOUS vote, makes the finding that the use of the
proposed structure for commercial purposes as a contractor's shop
on the first floor, with a single apartment on the second floor,
would be in harmony with the general purpose and intent of the
By-law, and that the intended use is compatible with the
densities and scale of the existing mixed use. In addition, the
Board finds that the reduction in aisle width would not be
contrary to safe traffic considerations and a grant of relief
would be in harmony with the general purpose and intent of the
Zoning By-law.
9. Accordingly, by vote of four in favor (Sevrens, Waine,
Murphy, Wiley) and one vote in opposition (Toole), the Board
GRANTS the requested relief by SPECIAL PERMIT under By-law ~~139-
9.B(2) (a) and 139-18.A(3) (a), allowing the commercial use of the
first floor of the proposed structure and a truncated aisle width
as shown upon Exhibit A, with no loading zone relief necessary,
subject to the following conditions:
(a) The parking layout shall be in substantial
conformance with Exhibit A, indicating a minimum aisle width of
17.5 feet in the area adj acent to the dormitory use on the
abutting lot and a conforming loading zone;
(b) There shall be a maximum of one apartment, with a
maximum of two bedrooms, on the second floor,
(c) There shall be a maximum of one commercial tenant
on the-first floor;
3
(d) The structure shall have a maximum ground cover of
about 1,232 square feet;
(e) A mutual
driveway and provision of
locus benefiting Lot 689,
use upon that adjacent
Registry District; and
easement for access over the common
four dedicated parking spaces upon the
so long as required for the dormitory
lot, shall be recorded at Nantucket
(e) There shall be no outdoor storage of goods or
materials associated with the commercial use upon the locus.
7. In separate action, by vote of four in favor (Sevrens,
Waine, Murphy, Wiley) and one vote in opposition (Toole), the
Board of Appeals approves the site plan attached hereto as
Exhibit A, under Zoning By-law ~138-23.
Dated: June ~l/, 2005
1JC{~)~ \. ~~
~~. evrens
\\~~
~ Dale W. Waine
4
-~~-------------------------------------
. PLAN PREPARED FOR ~
TERRA FIRMA PROPERTIES INC. -0
DRAWN BY: HOLCOMB DESIGNS 4/26/05
EXHIBIT: A
PARKING SCHEDULE:
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1(1.) (1ST FLOOR) 28'x44'= 1,232 SQ. FT. 0
I I COMMERCIAL UNIT = 2 SPACES. '
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1(2,) (2ND FLOOR)
I I DWELLING = 2 SPACES,
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1(3.) 4 SPACES COMMITED
I TO ADJACENT LOT.
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1(4.) 8 SPACES REQUIRED.
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1(5.) II SPACES PROVIDED.
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!(6.) DRIVEWAY SURFACE.
I GRAVEL/STONE/SHELL
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1(7.) 6X6 RAILROAD TIES FOR
I PARKING BLOCKS
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1(7,) SIZE OF LOT 690 = 9,133 SQ.FT.
GREENSPACE = 2433 SQ,FT.
PERCENTAGE OF GREENSPACE =
27% +/-
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B.O.A.# 030-05
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MAC'CS
(40 ~ WIDE
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PRIVA TE)
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26'-j"
20'-0"
GRASS
----- ----I
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~: 13B
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I EW BUILDING "B" 12B
~ I ENVELOPE 0 DRIVEWAY SURFACE.
I 1,232 SQ.FT. , GRAVEL/STONE/SHELL
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~ I LOT 690 lOB
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14'X35' ~ 1 .
LOADING 20'-3" 88
ZONE
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EXISTING BUILDING
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5'-10"
LOT 689
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to
COMMON DRIVEWAY EASEMENT
SI4-09~1 "W
-40.50--- --
15'-0"
ZONE- RES. COMMERCIAL 2
MlNMIM ARSI - $.fJ(J(J s.F:
MAXIMUM l.or COIE7i4GE' - 50X
M/NIMIJM FRONTAGE - 40'
FRONT )14RO SETBACK - 20'
I Siii' ~ REAR SETBACKS - 5'
78
6A
5A 5'
0-
4A
3A
NEW
PRIVIT
(:) TO BE
2, ADDED
EXISTING
PRIVIT
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 WNING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, APRIL 8, 2005, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
JEFFREY KASCHULUK, AS TRUSTEE OF NANTICUT REALTY TRUST
BOARD OF APPEALS FILE NO. 033-05
Applicant is seeking relief by Special Permit under Nantucket Zoning By-law
Section 139-9.B(2)(a) (light manufacturing), (b) (storage and warehousing), and (c)
(fabrication and assembly of component parts for off-site construction or use), in order to
construct a conforming new structure that would not exceed about 1400 square feet of
ground cover on a conforming vacant lot, which would contain a two-bay commercial
space on the first floor to be used by up to two separate contractors in the building trades.
The structure would also contain a dwelling unit on the second floor. All required
parking would be provided on site in addition to those that would be committed to the
proposed dormitory use requested in companion Application No. 032-05. Because the
locus would contain a structure containing a dwelling, the minimum aisle width under
Section 139-18.A(3)(a) is 12 feet, and this requirement would be met, with the proposed
driveway width being about 13 feet. To the extent that an off-street loading area would
be required for the commercial use, the Applicant also seeks relief by Special Permit
under Section 139-20.C, for the waiver of the loading zone requirement to provide an on-
site loading area.
The Premises is located at 14B MACY LANE, Assessor's Map 68, Parcel 334,
Land Court Plan 16514-50, Lot 690. The property is zoned RC-2; NEHOD.
_. /1&fA ~ Q WLQk\JL__-/
Nancy J. Sevren arrman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO.033-05
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s):
Mailing address:
Applicant's name(s):
~~
Locus address:
Jeffrey Kaschuluk. as Trustee of Nanticut Realty Trust
c/o Reade. Gullicksen. Hanley & Gifford. LLP
8
:-:::;:
- -,
Same
Land Court Plan/Plan Beek & Page/Plan File No.:
Date lot acquired: 10/30/98 Deed Ref./Cert. of Title:
Uses on Lot - Commercial: None_ Yes (describe)
Residential: Number of dwellings_ Duplex
I' ,)
'..JJ
6 Youne:'s Way. Post Office Box 2669. Nantucket. Massachusetts 02584
J
14B Macy Lane Assessor's MaplParcel::Ji8-334
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Lot No.:
16514-50
18644
690
Zoning District:
RC-2
Apartments _Rental Rooms
C ofO(s)?
Building Date(s): All pre-date 7/72?
Building Permit Nos:
Previous Zoning Board Application Nos.:
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
or
The applicant requests a Special Permit under Nantucket Zoning By-law ~139-
9.B(2) (a) [light manufacturing], (b) [storage and warehousing], and (c)
[fabrication and assembly of component parts for off-site construction or use], in
order to construct a. structure which will contain cormnercial space on the first
floor to be used by a contractor in the building trades. The structure will also
contain a dwelling unit on the second floor. All required parking will be
provided; because the locus will contain a structure containing a. dwelling, the
minimum aisle width under ~139-18.A(3) (a) is 12 feet, and this requirement will be
met, with the proposed driveway width being about 13 feet. To the extent that an
off-street loading area would be required for the commercial use, the applicant
also requests a Special Permit under ~139-20.C, for the waiver of the requirement
to provide an on-site loading area.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pai nd penalties erjury.
SIGNATURE: Applicant Attorney/Agent x
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
() ( FO ZB~ FFICE USE ..
Application received on:;;;,.~D By: \ Complete: Need copies?: 1)[jj
Filed with Town Clerk:~nLWlann'. . '. ((J.
Fee deposited with Town Treasurer:3/22~ By-: WaiV;~b~ted?:~anted:.' /_
Hearing notice posted with Town Clerk:~,2[{/ Mailed:-2!~ I&M:_ . & .3Jm~
Hearing(s) held on:---1---1_ Opened on:---1---1_ Continued to:---1---1_ Wit drawn?:---1---1_
DECISION DUE BY:---1---1_ Made:---1_/_ Filed wffown Clerk:---1---1_ Mailed:---1---1_
DECISION APPEALED?:---1_'_ SUPERIOR COURT: LAND COURT Form 4/03/03
F:\WpK\Kaschuluk\14 Macy\Lot 690 ZBA APP 2005.doc
--r-----------------------------------~-
I 0
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1.
,PARKING SCHEDULE:
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1(1.) (1ST FLOOR)
I 2 COMMERCIAL UNITS = 2 SPACES.
I
I
! (2.) (2ND FLOOR)
1 I DWELLING = 2 SPACES.
I
I
1(3.) 4 SPACES COMMITED
! TO ADJACENT LOT.
I
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1(4.) 8 SPACES REQUIRED.
1
,
I
1(5.) II SPACES PROVIDED.
I
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1(6.) DRIVEWAY SURFACE,
! GRAVEL/STONE/SHELL
I
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1(7,) SIZE OF LOT 690 = 9,133 SQ.FT.
GREENSPACE = 2.564 SQ. FT.
PERCENTAGE OF GREENSPACE = 28 o/c
5'-10"
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26'-3"
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EXISTING BUILDING
LOT 689
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COMMON DRIVEWAY EASEMENT
S14'09'51-W
40.50
APRON
ZONE: RES COMMERCIAL 2
MINIMUM AREA = 5,000 s.F.
MAXIMUM LOT COVERAGE = 50%
MINIMUM FRONTAGE = 40'
FRONT YARD SETBACK = 20'
S/OE & REAR SETBACKS = 5'
MACY~
(40' WIDE
LANE
PRIVA TE)
20'-0"
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WANNACOMET WATER COMPANY
\..
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Nantucket Water Commission
Nel&on K. Eldridge
Noreen SlavIU
David D. Worth
1 Milestone Road
Nantucket, MA 02554
Robert L. Gardner
General Manager
Telephone (508) 228-0022
Facsimile (SOB) 325-5344
wvtW.wannacomet.org
March 10, 2005
Ms. Linda Williams
Zoning Board of Appeals
1 East Chestnut Street
Nantucket, MA 02554
By Telefnx
RE: 14 Macy's Lane
Dear Linda,
I have reviewed the site plan and proposed use for the property at 14 Macy's Lane
and have detennined that the use of gravel parking areas along with the biological
treatment of stormwater runoff will provide an adequate level of treatment and recharge.
Therefore, it meets the requirements of 9139-12 o/the Town o/Nantucket Zoning By-
laws, and is hereby approved by the Wannacomet Water Company under ~'\JJ9-12B(3)(a)
of the Town of Nantucket Zoning By-laws,
If you have any questions please give me a call.
Sincerely,
W ANNACOMET WATER COMPANY
-~-~~~~-~~--
Robert L. Gardner
General Manager
Cc: Mr. Jeff Kaschuluk
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JAN .2 6 2005
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TOWN OF
NANTuCKET,.MA
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF
PROPERTY OWl!ER...... . ;. .. ... ..... .....~..~.-:z;,
MAILING ADDRESS........................................................ .;:.:.p.......
PROPERTY LOCATION....:.. ../.'I.I3.....~... ~...
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SEE A TI ACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directl" opposite on any public or private street or way; and abutters of the abutters and all
other land owners within 300 feet of the. property lirie of owner's property, all as they appear ?n
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) ..
~..~.r?~..d.(J.t?S-
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ASSESSOR'S OFFICE
Town of Nantucket
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