HomeMy WebLinkAbout037-03
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
7).)1
J/
, 2003
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
03)=03
bwner/Applicant: t4-t ~ J. F!J2!2:l lJ;!z.. n.~
~/"fa ~. 'FrorrlhoJz t O~..r Onal {by
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Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
Application No.:
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 V~RIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
,
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 54
Parcels 201, 202, 203
LUG-l
17 Monomoy Road
LC Plan 10937-E, Lots 42 and 43
LC Plan 10937-F, Lot 44
COT
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, June 13,2003, originally noticed for May 9,2003 and continued without opening,
in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the HALEY J. FROMHOLZ AND ANITA B.
FROMHOLZ, OWNERS AND FOR STEPHEN MEADOW, CONTRACT
PURCHASER c/o Rhoda H. Weinman, PO Box 1365, Nantucket, MA 02554, and PO
Box 1365, Nantucket, MA 02554, respectively, Board of Appeals File No. 037-03, the
Board made the following Decision:
1. Applicant (Meadow) is seeking reliefby SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use), or in the alternative, relief by VARIANCE under Nantucket Zoning By-
law Section 139-16A (Intensity Regulations - ground cover ratio). Applicants propose to
demolish an existing single-family dwelling that is currently sited as close as about 7.6
feet from the northeasterly side yard lot line in a district that requires a minimum side
yard setback often feet, and reconstruct a new dwelling that would conform to all setback
requirements. The structure currently has a ground cover ratio of about 10.44% (about
3,513 square feet) in a district that allows a maximum ground cover ratio of7%. The new
dwelling would have a maximum ground cover ratio of about 10.44%. In addition, the
Locus is nonconforming as to lot size with the Lot containing about 33,645 SF of area in
a district that requires a minimum lot size of 40,000 square feet.
The Premises is located at 17 MONOMOY ROAD, Assessor's Map 54, Parcels
201,202, and 203, Land Court Plan 10937-E, Lots 42 and 43, and Land Court Plan
10937-F, Lot 44. The property is zoned Limited-Use-General-l.
2. The Decision is based upon the Application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation, as the matter did not present any issues of planning concern. There
were two letters on file. The letter from the immediate abutter to the west supported a
grant of relief provided that the new structure was not located any closer to their common
lot line than the existing structure, the existing ground cover was not exceeded and there
would be no exterior construction during the summer months related to this project.
There was a letter from another nearby neighbor objecting to the grant of relief: stating
that he was opposed to the size of the proposed structure, and any new structure would
need to conform to the current zoning requirements. Another long time resident of the
immediate neighborhood was present at the hearing and spoke about his objections to the
new dwelling. He expressed concern about the increased size of the structure and how it
would affect his view as well as many others. If the structure stayed in its present location
it affected fewer properties. He added that the one story garage part of the current house
had little impact. Raising the ridge height of that portion of the structure would have a
significant adverse impact on his property. Counsel for an immediate abutter to the east
across Sandwich Road, represented that his clients now supported the request for relief
after having had extensive discussions with the Applicant (Meadow) about certain
aspects of the project. His clients initially had grave concerns about the proposal and the
Applicant had since agreed in a separate recordable document not to alter Sandwich Road
during construction among other issues.
3. Applicant (Meadow), through counseL represented that initially relief by Special
Permit, and in the ahernative relief by Variance, was sought to be able to demolish an
existing single-family dwelling and attached garage, and replace it with a new single-
family dwelling and attached garage that would not exceed the existing maximum ground
cover of about 10.44%, in a district that allows a maximum ground cover for this
undersized lot of7% or 1500 square feet, whichever is greater. It is arguable that
Variance relief would have been necessary to allow the project as proposed as the Locus
would have been temporarily brought into compliance with ground cover requirements of
the Zoning By-law with the removal of the existing structure, and to go back over the
maximum allowed of7%, relief by Variance would be necessary. A new Zoning By-law
was adopted as a result of passage of Article 52 at the 2003 Annual Town Meeting that
now allows by Special Permit, removal and replacement of an existing structure
nonconforming as to ground cover, provided that the new structure not exceed the
maximum ground cover of the previous structure it was replacing.
Applicant represented that the Board has granted similar relief in the past and the project
as proposed would qualify under the provisions ofthe new By-law for Special Permit
relief. In addition, the new structure would meet all setback requirements, whereas the
existing structure violated the required ten-foot northeasterly side yard setback distance.
The Nantucket Historic District Commission had approved both the removal of the
existing structure and the reconstruction of the new dwelling and attached garage in
Certificate of Appropriateness Nos. 41,736 and 41,737. A representative from the design
ftrm for the new structure stated, when questions arose about the massing of the new
structure, that the new house was in keeping with the two abutting structures, which were
a full two-stories, and the placement of the new house and attached garage lined up with
the other structures along that section of Monomoy Road. The new roofridge height
would be an increase of about seven feet over the existing structure and the house would
be sited substantially in the same location, yet conforming to all setback requirements.
4. Based upon the foregoing, the Board finds that the proper relief for the proposed
project is by Special Permit due to the new Zoning By-law change as stated above. In
addition, the Board fmds that the removal ofthe existing structure and replacement with a
new single-family dwelling with attached garage would not be substantially more
detrimental to the neighborhood than the existing structure. In addition, there would be a
benefit to the neighborhood in that a side yard setback violation would be eliminated.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(9) to allow the
removal of the existing structure and the replacement ofa new single-family dwelling
with an attached garage that would conform to all setback requirements, based upon the
following conditions:
a. The new structure shall not exceed the existing maximum ground
cover of about 10.44%;
b, The new structure shall be sited substantially as shown on the
"Proposed Site Plan to Accompany ZBA Application", done by
Richard K. Earle, of Nantucket Surveyors, Inc., dated April 9,2003, a
reduced copy of which is attached hereto and marked as Exhibit A;
c. There shall be no exterior construction related to this project between
June 1 and September 15 of any given year;
d. The project shall be done in substantial conformance with the
Certificate of Appropriateness Nos. 41,736 and 41,737
issued by the Historic District Commission, as may be amended; and
e. There shall be no access to the construction site from Sandwich Road
and all vehicular access related to this project shall be solely from
Monomoy Road. The Board notes that the driveway access for
passenger vehicles related to the residential use of the property may be
from a different way or street.
Dated: July t l , 2003
Edward M
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NOTE: BEING LOTS 42 " 43 ON LC.PLAN
#10937-E }.NO LOT 44 ON LC.PLA':l#10937-f.
- -=-.PI2oPOSG.D 6iH PLAN
T~ ACC9~1PAN'( Ze,.J,
A PPL-/cATlof4 ..
. IN
NANTUCKET, MASSACHUSETTS
SCALE: '"=30' DA.TE:A/~/o~
DEED REFERENCE:CERT..
PLAN REFERENCE:LC.Pl.l0937-E&F
A.SSESSOR'S REFERENCE:
~ MAP: 54 PARCEL: 201.?02~203
.t1 Mot.loJ1d"f ~I? .
CURRENT ZONING:
MINIMUM lOT SIZE:
MINIMUM FRONTAGE:
FRONTYARD SETBACK:
SIDE AND REAR SETBACK:
ALLOWABLE G.C,R.:
l.U.G-l
40.000S.F.
100FT.
35FT.
10FT.
77.
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NANTUCKET SURVEYORS INC.:-'
5 WINDY WAY
NANTUCKET. MA. 02554
N- 7f..77.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, MAY 9, 2003, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
HALEY 1. FROMHOLZ AND ANITA B. FROMHOLZ, OWNERS, AND STEPHEN
I
MEADOW, CONTRACT PURCHASER
BOARD OF APPEALS FILE NO. 037-03
Applicant (Meadow) is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law Section 139-33A (alteration/expansion of a pre-existing nonconforming
structure/use), or in the alternative, relief by VARIANCE under Nantucket Zoning By-
law Section 139-16A (Intensity Regulations - ground cover ratio). Applicants propose to
demolish an existing single-family dwelling that is currently sited as close as about 7.6
feet from the northeasterly side yard lot line in a district that requires a minimum side
yard setback of ten feet, and reconstruct a new dwelling that would conform to all setback
requirements. The structure currently has a ground cover ratio of about 10.44% (about
3,513 square feet) in a district that allows a maximum ground cover ratio of7%. The new
dwelling would have a maximum ground cover ratio of about 10.44%. In addition, the
Locus is nonconforming as to lot size with the Lot containing about 33,645 SF of area in
a district that requires a minimum lot size of 40,000 square feet.
The Premises is located at 17 MONOMOY ROAD, Assessor's Map 54, Parcels
201,202, and 203, Land Court Plan 10937-E, Lots 42 and 43, and Land Court Plan
10937-F, Lot 44. The property is zoned Limited-Use-General-l.
A~~~V)
Nancy J. Sevr s, hmrman
THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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FEE: $300.00
NANTUCKET ZONING BOARD OF APPEAL~
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554 77 () r-:z..,
CASE NO. () ') -' '-...../
APPLICATION FOR RELIEF
Owner's narne(s):Haley J. FrornhoIz and Anita B. FrornhoIz,
Trustees)
Mailing address:_c1o Rhoda H. Weinman, P. O. Box 1365, Nantucket, MA 02554
Applicant's name(s):Stephen Meadow (contract purchaser)
Mailing address:_Box 1365, Nantucket, MA
02554
Locus address:_17 Monomoy Road Assessor's MaplParcel:
Map 54, Parcel 203 ( Z Cfl../? 0 f-
Land Court PlanIPlan BoJk & Page/Plan File No.: 10937_E---1.Qt ~ q Z f- 43 Lot Nos.:_~
and 43 f O~3 7-i2 {O (c.t 'i
Date lot acquired:_S-'_2--"94_ Deed Ref.lCert. of Title:_16,415
District:_LUG-l
Uses on Lot - Commercial: None_ Yes (describe)
Residential: Number of dwelIings~l_ Duplex_ Apartments_Rental
Zoning
Rooms_
Building Date(s): All pre-date 7/72?_ or
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:
"
C of O(s)?
See Addendum A
Ii FOR FFICE USE / , /
Application received on:4.J.1.J./2;By: . Complet" V No'" ~,,~' ~
Filed with Town Clerk:J{~ Pla~ ~oard: II _ uilding Dept.:-=l.~ By:
Fee deposited with Town Treasurer:L~By: t.-. aiver requested?:~Granted:_/_I_
Hearing notice posted with Town Clerk:~.3 Mailed:!/.J1t.P3 I&M:!/-71l/.;05 & ..1),-1.]:)6
Hearing(s) held on:-I-I_ Opened on:-I-I_ Continued to:-I-.-I_ Withdrawn?:-I-I_
DECISION DUE BY:-I--.!_ Made:_I-I_ Filed wffown Clerk:-.-I_/_ Mailed:-I-I_
DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT_ Form 4/03/03
,
Addendum A ~
uuY
Applicant is seeking SPECIAL PERJ(fIT relief under Nantucket Zoning By-
Law Section 139-33A or in the aIternativlu~der Nantucket Zoning By-Law Section
139-16A (Intensity Regulations-ground cover ratio). This is a pre-existing, non-
conforming lot. The current ground cover is 3,513 square feet excluding the
bulkhead and 3,567 with the bulkhead, and the ground cover ratio is 10.60% which
includes the bulkhead (10.44% without the bulkhead) in a LUG-l zoning district
that allows 7% ground cover. There is an intrusion into the northeasterly sideline
setback by ~ feei1lApplicant is seeking to demolish the existing structure, and to
build a new structure using the same ground cover which will comply with all of the
setback requirements. The locus is non-conforming with respect to lot area with
33,645 square feet in a district that requires a minimum lot size of 40,000 square
feet.
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CURRENT ZONING: L.U.G-1
MINIMUM LOT SIZE: 40,000S.F.
MINIMUM FRONTAGE: 100FT.
FRONTYARD SETBACK: 35FT.
SIDE AND REAR SETBACK: 10FT.
ALLOWABLE G.C.R.: 7% 'Ip
EXISTING G.C.R.:(INC.t..UDIK4" Bluo 10.6%)tO.44w/Q NOTE: BEING LOTS 42 & 43 ON LC.PLAN
&\t..Co #10937-E AND LOT 44 ON LC.PLAN#10937-F.
FOR PROPERTY LINE DETERMINA nON THIS PLOT PLAN THERE ARE NO PERMITS tOR CONSTRUCTION
RELIES ON CURRENT DEEDS AND PLANS OF RECORD. ON FILE IN BUILDING DEPT., INDICA TlNG BUILDING
VERIFIED BY FIELD MEASUREMENTS AS SHOWN HEREON. PRE-EXISTS ZONING BYlAW. LOTS PRE-
~IS PLAN IS NOT REPRESENTED TO BE A TiTlE EXIST BYlAW.
EXAMINA TION OR A RECORDABLE SURVEY.
1 HEREBY CERTIFY TO ll-IE BEST OF MY KNOWLEDGE
ll-lA T THE PREMISES SHOWN ON THIS PLAN ARE
LOCATEDWlll-lIN THE C ZONP; AS DELINEATED
ON THE "FIRM" MAP OF COMMUNITY NO. 250230;
MASS. EFFECTIVE: 6-3-86 BY THE FEDERAL .LJ. I I,.... .t? i ~ A
EMERGENCY MANAGEMENT AGENCY. ~~ ~ ~
N.S. 132 105
AS-BUILT PLOT PLAN
IN
NANTUCKET, MASSACHUSETTS
SCALE: 1"=30' DATE:A\7 \Q?
DEED REFERENCE: CERT..
PLAN REFERENCE:L.C.PL.10937-E&F
ASSESSOR'S REFERENCE:
MAP: 54 PARCEL: 201.202.&203
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NANTUCKET SURVEYORS INC.
5 WINDY WAY
NANTUCKET, MA. 02554
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Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
APR - 4 2003
TOWN OF
NANTUCKET. MA.
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY.o~ER.. ~.}r.CO:lbQ.l z.... .+a.mj. L~.. :Tr:-.w;-;s+.......
MAILING ADDRESS...... ... . .. ." .. . .... .. . .. .. . .. .... ... .. . . . . .. .... . .. . ... . . ... . . . .....
PROPERTY LOCATION ....~1.... m.~.o.~.. J2.d................
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ASSESSORS MAPIPARCEL... ..'-;-.-.-/.-:1.::. ....... .~.. ............ .... ........... ......
APPLICANT.... .f? h.QdQ.... ..W~.t: (:10.':1~O................................
SEE ATTACHED 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 line of owner's property, all as they appear ~m
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-290 (2) -
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