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HomeMy WebLinkAbout050-03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 ****************************************************************** WITHDRAWAL FORM File No. U SO-'r03 Map IN RE' THE APPLICATION OF ~({~~' Jd1C:ft f~~ f<2D01€ I 6C0y1~{ O~_I__~ G, -' -~~ f2 \ ~ / ~.) 00>' () p .5>7 f\.Y.JJ-J ra- Parcel d \J..l M -12. ~ . dl * * * * * * * * * * *-* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~'/< * * * *~* * * * **. z- ' - . - c-:) r rr' , UPON THE REQUEST OF THE APPLICANT(S) MADE: prior to ~ ,r--... -0 W ~ \0 be after PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: acknowledge as a matter right and without prejudice ~ approve without prejudice approve, but with prejudice THE WITHDRAWAL: K in full of the said application of so much of said application as: DATED: JJ~ II, ~ ~W({(\{63 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 . o PHONE 508-228-7215 \,..) FAX 508-228-7205 -co NOTICE ::0 'T1 :J ; 1 :~ ~ N '-0 u .. ~, , .-::> ~;'Tl A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held ~ 1:00:~ P.M., FRIDAY, JUNE 13,2003, in the Conference Room, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JOHN A KEANE, PROPERTY OWNER, AND FOR MGILL, CO" INC., MICHAEL GILLIES BUSINESS OWNER, BOARD OF APPEALS FILE NO. 050-03 Applicant (Gillies) is seeking a MODIFICATION of the Special Permit issued , in the Decision in BOA File No. 065-97, as amended in the Decision in BOA File No. 057-99. The first Decision allowed conversion of first floor residential space to use as a 32-seat restaurant, with the second floor apartment to be maintained. The second Decision allowed a Modification of the first Decision, expanding the hours of operation to 9:00 PM year-round. Applicant does not seek to modify the Decisions in BOA File Nos. 011-98 and 012-98, which allowed off-site parking for the Locus on a near-by lot. Applicant is now asking to be allowed to operate an after-hours take-out food service window during a time when the restaurant (known as The Hen House) is not open to the public, i.e., after 9:00 PM on any given day. At a recent Board of Selectmen's meeting Applicant was granted permission to do a take-out food service window until 2:00 AM. Zoning By-law Sections 139-15 and 139-9B(2)(0), allows such a use as a matter of right without relief from this Board so long as it is ancillary to the primary use as a restaurant. The original Decisions conditioned relief on the service being limited to a period between 6:00 AM to 9:00 PM only. In the alternative, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)( 0) to operate the take-out food service from the period between 9:00 PM to 2:00 AM, only while the restaurant is not open. Should the Board decide that Special Permit relief is necessary rather than Modification of the original Decisions, Applicant would also then need relief by SPECIAL PERMIT to waive any additional parking spaces required under Section 139-18. The Premises is located at ONE CHIN'S WAY, Assessor's Map 55, Parcel 163, Plan File 33A, Lot 4A The property is zoned Residential-Commercial. THIS NOTICE IS A V AILABLE 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, MA 02554 CASE NO. OSb-03 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): :k-)b r\--..}{ eel Vlr, rJ l.0Y1~ :::::::t~::::e(s): rib\~;;;C ~ ~ct~ 0~~~( ~'mf MaiIingaddress: _ C-_In ~ (,0o.~ I NOVl'ttJckT( (n 14- 62Sf21 Locus address: C' I Assessor's MaplParcel: $'"5/1 f..Q a I Land Court PlanlPlan Book & Pag Lot No.: t.-f ;4- Date lot acquired:_I-'_ Deed Ref.lCert. of Title: SC6't(33/ Zoning District: (2-G Uses on Lot _ Commercial: None _ Y es (describe) Q.Q D'-fe... ( V"ti ~ l. tf-e Y\ l:fou\-e) . Residential: Number of dwellings_ Duplex_ ApartmentslRental Rooms Building Date(s): All pre-date 7/72? or C of O(s)? Building Permit Nos: /<\/_r.... ~ Previous Zoning Board Application Nos.: V\.e,,) - 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: (~ q1:;fOcfvdL ~oi~o9.JJm) I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: <' Applicant orne gentk (If not owner or 0 er's attorney, please enclose proQf of agency to bring this matter e ore the Board) FQR..zB~ "{>FFICE USE . /' Application received 0", 6" tP/7,03By, (ACbt) Complete: Need copies?: V ~ Filed with Town Clerk: s'ro d> Planning Board: Sf Zf JCb Bnilding Dept.: S-, ~ By: Fee deposited with Town Treasurer: 5tZ-CjID3By: LJ2)iJwaiver requested?:_Granted:_I_I- Hearing notice posted with Town Clerk: .) I:II! Q3Mailed: S-Iy/IQ!;A&M: -S/lfi./cb & fR tr 1 ~ Hearing(s) held on:_I_I_ Opened on:---'_I_ Continued to:---'-'_ Withdrawn?:_I_I- DECISION DUE BY: 1 1 Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: 1_1- --- --- ---- DECISION APPEALED?:_I_I_ SUPERIOR COURT: LAND COURT Form 4/03/03 ADDENDUM Applicant (Gillies) is seeking a MODIFICATION of the Special Permit issued in the Decision in BOA File No. 065-97, as amended in the Decision in BOA File No. 057-99. The first Decision allowed conversion of first floor residential space to use as a 32-seat restaurant, with the second floor apartment to be maintained. The second Decision allowed a Modification of the first Decision, expanding the hours of operation to 9:00 PM year-round. Applicant does not seek to modify the Decisions in BOA File Nos. 011-98 and 012-98, which allowed off-site parking for the Locus on a near-by lot. Applicant is now asking to be allowed to operate an after-hours take-out food service window during a time when the restaurant (known as The Hen House) is not open to the public, i.e., after 9:00 PM on any given day. At a recent Board of Selectmen's meeting Applicant was granted permission to do a take-out food service window until 2:00 AM. Zoning By-law Sections 139-15 and 139-9B(2)(0), allows such a use as a matter of right without relief from this Board so long as it is ancillary to the primary use as a restaurant. The original Decisions conditioned relief on the service being limited to a period between 6:00 AM to 9:00 PM only. In the alternative, Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-9B(2)(0) to operate the take-out food service from the period between 9:00 PM to 2:00 AM, only while the restaurant is not open. Should the Board decide that Special Permit relief is necessary rather than Modification of the original Decisions, Applicant would also then need relief by SPECIAL PERMIT to waive any additional parking spaces required under Section 139-18. I -- .u' "Jt r. ~ \ ... ~o.. ~ r I , }, ~ , ~~ t,J. ~ '--. b ... - ~ ~ ~ ""'=1 , ~ I _ ~\ I ..r.t>. '(;~ ~ ~c.:y;,~/u~,.~ ~...v "~ ___ / -::;/'l ,/ " ' ,,-'I pO'V , .1 " '~ ___ ' ~ -00< ',- ic '-lily:, .' ~~ < ;; ~ 't~"'" Ir-l~,~~ i,~ '" .> ~ ~~-3" " t~4>o/AN) '~~RJ~"~C ""'> ~~;~~ .;~\ r ~ ' N . V ~ J,[?"'- N 1c ~ 'f/ /t..a ~- ~ ~ ~~~. (<'''' u. '/I_~~~ ~ ~~ \ ~, N ~"'P- I -;:: 'ft /;rf~l ~. ~ ~':"l~ ;il~ j: Q , 4~ 'P '\..- ,~ -:<>:" ('::). '/ 0 1/ ~.,y '" ::::-._ ~ <: ~ , _\ ~ ~ ~;/.I ~,,' ~ N J II "., JL" \.' ~' ~? - / '" 'W' ~C ~-<'~:04.~~Oh~, '; ~ 0 ," ~ ~',:~, ~t~ .) /~ f}, 1,.".fY 0;' V"N ~ 11' ~ g (l. ~,.l ~' ~ - ' t/ ~ - v.. (" ~lf~~ '\~ ~ l'l 'J~. <h U ~t!: ,,\ c'''~07 ~~~ .... ~ ~ t) a> ~~~ .' r-.;~~~~ I ;rN/. if 0 _ (j"j W' ~' ,<"' ;j!~~ \. ~Wj, ~~~( ~.t 0 # 'q. ~ #., ~ f~.:;' '" ~ .,,4,~'-- - - , . ^ "'" < " < TW:" ",' A.. L ,,,,,, .".VI" Jl,.-' ;0, g /0/ ~ "".;.~ t; W"<\ "~'''''-6;~~.i~' ,-, \\'\.. .' . : fII ,~~ ~ \J.'fft'j'o/fl'( " ,,^:ol g . I ~ (_0 :'~~ /:l ~ '" f.i, \" ~'/J ~ I _ ~. ~\..,'\.\ -Y-~' / /, \J ~ ) ~ ~ ~,,~ ;.j .. ~o 'f.;},J)'T- (J''.,f! ~"",,~"-/Ct(/ ~\ ~N t1 .-~~ ~ ..;; \'0 ~ ~ ~f'~ ~~' ,,~ I ~. ~~~ ~ ~ ~,\~Y/$~' /---=-----~~ t \ ~ .. -W> ~~~ ~_. , 'f.IL/tf IJ./lf; ", ~ ~\':: I w) "\' ~~ ml ~ ~~(//Yff::tf:t#: - k, _~t ~\."-V".~ ~ .L'\ ~-J..~~ _ ~b.1iR. ',,,,,_ . c;o ~~~JI _, N V~ ~ ~ ~.'. \ '-, J ,/t~~~.... - - : 1~1 ~'_._ ~". _ . ~ V~~~~?,~l,~. ~ ~ ! "..7~' ,~_ ,/Jdl "". " 11'" ' ' 1 ~-. ~~:..'~'.~'-, ,. "~'J:: 'k~ ~ " . G" ~ ~~-,-~-- ~ ~ ~_>~:' ._.... .-<..,z~'.-,)~j~~.;.',.. ~ ..O...._~~_,f(~ ;:"IN \ ~.,',",' "",,'ff? ',~ ,'v,,?(~ \\.,.,~~~ '0~~:\)) 7' ::l " ,.;',:,, "",,'; ,.. , ,,:";i'" '~_ .j....,'.- ".".,'. .,co .,~,~,..,..:.;.;.-:~,,-, . -' ~ ,.~', ,_. . r;,: .~ ..' ->>>:-;.-'~~~.".... .. ... .. ..... ~. i;[ .,' ~;J~" ,.' ~,'~ f~"-'.' ~ ",i...- o. . -.'~i~'i:.!~>',;-~::. .. ..:: ~V ' , " .~~ ,:~" :; \,: '7'- ..~; ". "'. -)'::~~ ... John Keane 66 Hooper Farm Rd., Nantucket Ma.02554 Dear members of the board, Mike's idea about a late night take out extension of the Hen House business seems to be a good idea. It would bring people to the mid island area and discourage people from going down town late night. The Hen House is closed to sit down patrons during these hours as per the ZBA' s last decision but I don't think a to go window will have a large impact on the area at this time Mike is a hard worker and I wish him the best. Yours FaithfuI1, /'L / ' ~_..-, John Keane. ( _/J / Nantucket Board of Selectman 16 Broad st Nantucket, MA 02554 Nantucket Zoning Board of Appeals 37 Washington St Nantucket, MA 02554 Dear Members of the Board of Selectmans Office and Commissioners of the Zoning Board of Appeals: We write this letter in support of the application of The Hen House Restaurant to operate a "take- out window" from 11:00 pm to 2:00pm at its place of business on 1 Chins Way. We had occasion to observe and interact with Mike Gilles, the proprietor of the Hen House Restaurant and can attest to his character, sense of morality, work-ethic and keen business sense. We have every confidence that Mr. Gilles as proprietor of the Hen House Restaurant will operate the proposed service in a manner consistent with the general purpose and intent of the Nantucket Zoning Bylaws to promote the heath, safety, convenience, moral and general welfare of this town's inhabitants. Very truly yours, Ifl.:{=L- THE CHICKEN BOX 14 DAVE ST NANTUCKET MA 02554 TEL 508.228.9717 * OFFICE 508.228.0443 * FAX 508.228.4714 April 16, 2003 Board of Selectmen Town and County Building Broad Street, Nantucket, MA. 02554 Dear Members of the Board: This letter is in support of Michael Gillies' request to provide a take out food service from the Hen House until 2:00 a.m. in the morning. Mr. Gillies has an established reputation of good food and good service, this would be an asset to the general public. Very truly yours, ~~!L- Sylvia & Tim Howard TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: July 1& , 1999 To: Parties in Interest'and, Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 057-99 Owner/Applicant: JOHN A. KEANE 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 a'fter this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to ~he Town Clerk so as to be received within such TWENTY (20) days. Michae 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) 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 163 R-C One Chin's Way Plan File 33A, Lot 4A Deed Ref. 411/68 At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1:00 P.M., Friday, July 9, 1999, in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN A. KEANE, of One Chin's Way, Nantucket, MA 02554, Board of Appeals File No. 057-99, the Board made the following Decision: 1. Applicant is seeking a MODIFICATION of a Decision issued in Board of Appeals File No. 065-97 which allowed the conversion of a dwelling to use as a restaurant. Applicant seeks modification of subsection (a) in paragraph 6, which restricted the hours open to the public from 6:00 A.M. to 7:00 P.M. during the period between Memorial Day and Labor Day. Applicant wishes to have the option of being able to open until 9:00 P.M., as he is allowed to do during the rest of the year. See also BOA FIle Nos. 011-98 and 012-98. The Premises is located at One Chin's Way, Assessor's Map 55, Parcel 163, Plan File 33A, Lot 4A. The property is zoned Residential-Commercial. 2. The Decision is based upon the Application and materials submitted with it and the testimony and evidence presented at the hearing. There were no letters on file in support or opposition. The Planning Board made a negative recommendation pending submission of proof showing the availability of off-site parking as required in the Decisions in BOA File Nos. 011-98 and 012-98. Applicant represented that there was a twenty-year lease with the owner of the Chicken Box and that restaurant employees were required to park in those spaces thus ensuring that the spaces located on the site remain solely available for use by the patrons of the establishment. 3. Applicant submitted photographic evidence to the Board at the hearing which indicated that the parking situation in the immediate area was not as intense prior to 9:00 P.M. in the summer months as the Board had previously thought. The concerns expressed at the original hearings in 1997 and 1998 centered on the issue of the traffic and parking impact engendered by the new 32-seat restaurant which was to be situated in an area that was already heavily commercially developed. Applicant represented that the parking required for his patrons had little impact upon the area prior to 9:00 P.M. The pub immediately proximate the Locus to the north and the Chicken Box Bar, sited to the west of the Locus and on whose property the four (4) required off-site parking spaces were located, did not become busy until after 9:00 P.M. on weekends and later during the week. The photographs were taken on a daily basis over a ten (10) day period, which included the July 4th holiday weekend, primarily at night and showed that there would be no adverse effect on the overall parking situation should the restaurant be allowed to open until 9:00 P.M. in the summer months as it is allowed to do during the months of September - May. Applicant further represented that he had sufficient parking on site with the employees parking off-site to accommodate all of his patrons without impacting other areas. Applicant added that it was difficult to conduct business and an inconvenience to his regular patrons having to close at 7:00 P.M. in the summer after being open until 9:00 P.M. the rest of the year. 4. Therefore, based upon the foregoing, the Board finds that granting the Modification to allow the restaurant to operate until 9:00 P.M. on a year-round basis, w.ould be in harmony with the general purpose and intent of the Zoning Bylaw and not contrary to sound traffic and safety considerations as the Applicant has provided sufficient proof to support his claim that there would be no adverse traffic or parking impact on the neighborhood related to the restaurant use of the structure on the Lot during the hours of operation which would be no earlier than 6:00 A.M. and no later than 9:00 P.M. on any given day. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested MODIFICATION of the Decision issued in Board of Appeals File No. 065-97, subsection (a) in paragraph 6, to allow the 32-seat restaurant to be open to the public no earlier than 6:00 A.M. and no later than 9:00 P.M. on any given day on a year-round basis. The remaining conditions ~ of Appeals File Nos. 065-97, effect. JaW Micha J O'Mara WfIt?' ~J 4 D. ei parent~ ./ r ~~ c-. contained in Decisions issued in Board 011-98 and 012-98 shall remain in full Dated: July /~ ' 1999 ()JJAiL Edward Murphy TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August ;<1 , 19 98 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: owner/Applicant: JOHN KEANE AND ALAN REED, AS OWNERS AND FOR JOHN KEANE 065-97 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. Dale W. Waine 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) 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 163 R-C One Chin's Way Plan File 33A, Lot 4A Deed Ref. 411/68 At a Public Hearing of the Nantucket Zoning Board of Appeals originally held at 1:00 P.M., Friday, November 7, 199" continued to December 5, 199 with no testimony being taken, continued to January 9, 1998 and then to February 13, 1998, in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN KEANE AND ALAN REED, AS OWNERS AND FOR JOHN KEANE, of One Chin's Way, Nantucket, MA 02554, Board of Appeals File No. 065-97, the Board made the following Decision: 1. Applicant (Keane) is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-18B(4) (parking requirements), ~139-18A(3) (aisle width) and ~139-20C (loading zone requirements). Applicant proposes to convert first-floor residential use to a commercial use, a thirty-six (36) seat restaurant. Eleven (11) off-street parking spaces are required for the existing second-floor residential dwelling unit and the proposed restaurant use and Applicant asks that the Board waive three (3) spaces as eight (8), plus one (1) non-conforming space, will be provided on site. Applicant further asks that the Board allow a reduction in aisle width from twenty-four (24) feet to twenty (20) feet and for a waiver of the loading zone requirements. There will also be a one-story addition constructed on the southeasterly portion of the structure as part of the conversion to restaurant use. See also BOA File Nos. 011-98 and 012-98. The Premises i~ located at ONE CHIN'S WAY, Assessor's Map 55, Parcel 163, Plan File 33A, Lot 4A. The property is zoned Residential-Commercial. 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 an unfavorable recommendation expressing concern that the Site Plan did not meet the standards of Zoning By-Law ~139-23. A letter from the Manager of the Wannacomet Water Company was on file stating that, after his review and suggestions agreed to by the Applicant, the project would meet the requirements of ~139-12 and approved the plan as proposed and amended. There was also a letter on file from a professional land surveyor outlining parking specifications and requirements in relation to the proposed project. The lease agreement between the Applicant and the Chicken Box Restaurant Corporation allowing use of four (4) off-site parking spaces and eight (8) letters in support from interested members of the public were on file expressing the need for .--- a family-style restaurant located in the mid-Island area. Also present at the Hearing was the Attorney for the owner of Chin's Restaurant, located on the abutting property to the east. He stated that his client did not object to the proposed project but asked the Board to require adequate parking for the restaurant use. 3. Applicant represents, through counsel, that the Premises has a lot area of 5,480~ square feet with one (1) existing structure containing two (2) residential units therein. Applicant proposes to convert first-floor space from an apartment to a 36-seat restaurant, while maintaining the second-floor apartment use. The proposed restaurant and apartment use would require twelve (12) parking spaces: eight (8) for patrons, two (2) for employees, with up to seven (7) employees at peak shift, and one (1) for the apartment. Applicant proposes to provide 1,236~ square feet of green space (22.75+%) as shown on the Revised site Plan, dated April 6, 1989, done by Nantucket Surveyors, Inc. and date stamped at the Board of Appeals January 1, 1998. Attached to said Plan is a "Parking Plan" for the Chicken Box Restaurant Corporation showing four (4) off-site parking spaces. Applicant states he has entered into a 20-year lease agreement to meet his parking requirements for the proposed restaurant use. The Site Plan shows eight (8) on-site parking spaces with an aisle width of 20.31~ feet where 24 feet is required. In conjunction with the conversion from residential use to restaurant use, Applicant proposes to construct a one-story addition onto the southwesterly rear potion of the structure. The Locus will continue to comply with current dimensional zoning requirements. Applicant asks for loading zone relief representing that due to the location of the structure and provision of the parking spaces, there is insufficient space to site the space wholly on the lot. 4. Initially, Applicant sought a waiver of four (4) off-street parking spaces and proposed to provide eight (8) spaces on site. The Board expressed concern about the traffic congestion already existing in the area and the impact increasing the intensity of use in the structure would have on the situation, especiallY in the busy summer months. Applicant was asked to revise his Site Plan to include the required green space and provide a plan for off-site parking spaces to help meet the parking requirements. The Applicant submitted a Special Permit App~ication (BOA File No. 011-98) to allow four. (4) off-street parking spaces to be located off-site on the property owned by the Chicken Box Restaurant Corporation located at 12 - 16 Dave Street, which relief was granted in separate action by this Board with a Special Permit also being granted to the Chicken Box Restaurant Corporation in a Decision in BOA File No. 012-98, to amend an existing permit to allow for the use of said four (4) spaces. Applicant offers to reduce the required parking by one (1) space by limiting the restaurant seating to thirty-two (32) rather than thirty-six (36) seats to mitigate the parking impact on the neighborhood. Applicant further offers to limit the use of the four (4) off-site parking spaces to employees and the occupant(s) of the secQnd floor residential unit on the Premises in order to leave the on-site spaces available for restaurant patrons. In addition, the Board expressed concern about waiving the off-street loading zone requirements. Applicant proposes that he be allowed to use the off-street loading facility abutting the Locus to the west and situated at 130 Pleasant Street, Assessor's Map 55, Parcel 164. Said space would be able to service both food service establishments at the same time without blocking the access to Chin's Way. Applicant presented a letter from Engineer/Surveyor Leo Asadoorian who stated that a parking aisle width of 20.3+ feet, rather than the required minimum aisle width of twenty-four (24) feet, was adequate and safe for the proposed restaurant use. Applicant further offers to provide a bicycle rack at the front of the building, encourage patrons to use bicycles and the NRTA shuttle bus service and limit the hours of restaurant operation during the summer season. Stormwater runoff will be handled as per the agreement made with the Wannacomet Water Company and detailed in the letter dated November 25, 1997 and on file at the Board of Appeals. 5. Therefore, the Board finds that the proposed conversion of the first-floor residential use on the Premises to a 32-seat restaurant use is permissible in this zoning district and appropriate in this area that is already heavily commercially developed and a grant of Special Permit relief would be in harmony with the general purpose and intent of the Zoning By-Law. With the reduction from thirty-six (36) seats to thirty-two (32) seats, the provision of seven (7) on-site parking spaces and four (4) off-site parking spaces, as allowed in the Decisions made in BOA File Nos. 011-98 and 012-98, relief from the parking requirements to waive three (3) spaces is no longer necessary. However, Applicant would still need relief under Zoning By-Law ~139-18A(3) to reduce the aisle width from 24 to 20+ feet, a grant of which the Board finds would be in harmony with the general purpose and intent of the By-Law and would not have an adverse impact or be contrary to sound traffic and safety considerations, with the Applicant providing sufficient parking spaces and maneuvering space to the new restaurant. A grant of Special Permit relief waiving the loading zone requirement would also be in harmony with the general purpose and intent of the By-Law. Applicant's agreement with an abutting property owner to use his loading zone space for deliveries would not create a situation that would be contrary to sound traffic and safety considerations and would keep delivery trucks from blocking Chin's Way. 6. Accordingly, by a unanimous vote, tha Board GRANTS the requested SPECIAL PERMITS under Nantucket Zoning By-Laws ~139-18A(3), reducing thea aisle width from 24 feet to 20~ feet, and ~139-20C, waiving the loading zone requirements, to allow the use of the existing structure as a 32-seat restaurant on the first floor, with one (1) dwelling unit on the second floor, upon the following conditions: a. The restaurant may be open to the public no earlier than 6:00 A.M. and no later than 9:00 P.M. during the period between Labor Day and Memorial Day of any given year; and from Memorial Day to Labor Day in any given year, no earlier than 6:00 A.M. with the last food orders taken from patrons to occur no later than 7:00 P.M.; b. Applicant shall provide a bike rack and encourage the use of the NRTA shuttle service during the summer months; c. A minimum of seven (7) on-site parking spaces shall be provided, with four (4) being provided off-site as described above and in the Decisions in BOA File Nos. 011-98 and 012-98; and should the 20-year lease agreement with the Chicken Box Restaurant Corporation be terminated or the off-site parking spaces no longer be available to the Applicant or his successor(s), in connection with the restaurant use at One Chin's Way, this special Permit shall terminate and lapse without further relief from this Board; d. In the event that the Applicant, or his successor(s), no longer has the right to use the loading zone located at 130 Pleasant Street, Assessor's Map 55, Parcel 164, in connection with the restaurant use at One Chin's Way, this Special Permit shall terminate and lapse without further relief from this Board; e. Applicant shall provide a minimum of 20% green space; and seats; f. Applicant shall be allowed up to thirty-two (32) restaurant 7. The Board, by a unanimous vote, further APPROVES the Revised Site Plan submitted by the Applicant per Dated: AUgust;\ I, 1998 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August '7 , 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 012-98 Owner/Applicant: REED TRUSTEE CHICKEN BOX RESTAURANT CORPORATION, ROBERT Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket ~ 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 fil~ng 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. D~&- ~J,hatJp~ cc: Town Clerk Planning Board Building Commissioner \ PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); 9139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETIS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 55 Parcels 158 and 159 R-C 12 - 16 Dave Street Plan Book 18, Page 33 Lots 1 and 3 Deed Ref. 160/73 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, February ,13, 1998, in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of CHICKEN BOX RESTAURANT CORPORATION, ROBERT REED TRUSTEE, of P.O. Box 2122, Nantucket, MA 02584, Board of Appeals File No. 012-98, the Board made the following Decision: 1. Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law ~139-33A (alteration/expansion of a pre-existing non-conforming structure/use). Applicant proposes to allocate four (4) on-site parking spaces, for the hours between 6:00 A.M. to 9:00 P.M., for use as off-site parking space~. This would enable a Lot, in the ~~cinity of the Locus at One Chirt's Way, Assessor's Map 55, Parcel 163, and the subject of the pending Application in BOA File No. 065-97, to meet the parking requirement of eleven (11) spaces for the proposed restaurant use. In BOA File No. 114-92 this Board established that the pre-existing non-conforming tavern use on the Locus required eighty-four (84) parking spaces. Forty-three (43) spaces were provided in the unimproved parking area adjacent to the structure. See also companion case in BOA File No. 011-98. The Premises is located at 12 - 16 DAVE STREET, Assessor's Map 55, Parcels 158 and 159, shown as Lots 1 and 3 in Plan Book 18, Page 33. The property is zoned Residential-Commercial. 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 an unfavorable recommendation expressing concerns about the intensity of use and parking issues. There were no letters in the file. This matter was heard in conjunction with BOA File Nos. 065-97 and 011-98. 3. Applicant, through counsel, represents that he is willing to allow use of four (4) of his existing parking spaces by the Applicants in BOA File Nos. 065-97 and 011-98 to enable them to meet the parking requirements for their proposed restaurant at One Chin's Way. Said property is situated in close proximity to the Locus, though not directly abutting the property. At a previous Hearing, this Board asked the Applicants in th~other cases to find an alternative to a waiver of the required parking spaces, i.e., submission of a revised site plan placing all spaces on the Lat or an agreement indicating a neighbor's willingness to provide off-site parking spaces. Applicant further represents that he has entered into a twenty-year lease with the Applicants in BOA File Nos. 065-97 and 011-98 to use four (4) of his parking spaces. Applicant's business is generally slower during the peak hours of operation for the proposed new restaurant and stated that there would be little overlap of the use of the subject spaces. Approximately forty-three (43) parking spaces are provided in the unimproved parking area adjacent to the building and there would be no general adverse impact on the parking situation in the area with the leasing of the four (4) spaces. 4. Therefore, the Board finds that the grant of a Special Permit to allow the use of four (4) off-site parking spaces on the Applicant's Lot by the restaurant at One Chin's Way would be in harmony with the general purpose and intent of the Zoning By-Law and would not be substantially more detrimental to the neighborhood than the existing non-conforming parking situation. A grant of relief in this instance would not be contrary to sound traffic and safety considerations. The peak hours of operation for the proposed restaurant at One Chin's Way would be generally at a different time from the peak hours of operation of Applicant's tavern. Therefore, the Board further finds that the use of the four (4) off-site parking spaces on Applicant's Lot, to help meet the parking requirement for said restaurant, would have little impact on the parking situation in the neighborhood. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested SPECIAL PERMIT under Nantucket Zoning By-Law ~139-33A, to allow the modification of a pre-existing non-conforming off-street parking use so as to allow the Applicant to provide four (4) parking spaces for the non-exclusive use of the Applicants and their successors, in BOA File Nos. 065-97 and 011-98, for the proposed new restaurant at One Chin's Way, Assessor's Map 55, Parcel 163, upon the following condition: The four (4) off-site parking spaces shall be available for the use of the proposed restaurant at One Chin's Way between the hours of 6:00 A.M. to 9:00 P.M. on any given day when the restaura~t is in ::::::i::~ust 11 . 1998 ~''') j~ (j tJ0-~ __...::::------ -ua1 e q Wa i ne ~ ~ Gl:1~ Sr Vlh~ Nancy Sevre i/ ce (1<'1J lit)! t-dt- D. e1.1 rent TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August /7 , 1998 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 011-98 Owner/Applicant: JOHN KEANE AND ALAN REED, AS OWNERS AND FOR JOHN KEANE 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. '- ~. (/clair?l Q 1~ .) 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) 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 163 R-C One Chin's Way Plan File 33A, Lot 4A Deed Ref. 411/68 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, February 13, 1998, in the Conference Room, at the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of JOHN KEANE AND ALAN REED, AS OWNERS AND FOR JOHN KEANE, of One Chin'S Way, Nantucket, MA 02554, Board of Appeals File No. 011-98, the Board made the following Decision: 1. Applicants are seeking to amend the pending Application in Board of Appeals File No. 065-97, to include a request for SPECIAL PERMIT relief under Nantucket Zoning By-Law ~139-18B(1) (Parking Requirements - off-site parking spaces). Applicants propose to locate four (4) of the required eleven (11) parking spaces, related to the proposed restaurant use, off-site on land located in the vicinity of the Locus and shown at 12 Dave Street, Assessor's Map 55, Parcels 158 and 159, or on a Lot proximate the Locus and shown as 2 and 4 Chin's Way, Assessor's Map 55, Parcels 161 and 162. Seven (7) conforming spaces would be provided on-site. See also companion case in BOA File No. 012-98. The Premises is located at ONE CHIN'S WAY, Assessor's Map 55, Parcel 163, Plan File 33A, Lot 4A. The property is zoned Residential-Commercial. 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 an unfavorable recommendation stating that the site could not support the proposed use. There were no letters on file in support or opposition. 3. Applicants are before this Board in BOA Application No. 065-97 in which Applicants are seeking relief by Special Permit to operate a thirty-six (36) seat restaurant with one (1) dwelling unit on the second floor in an existing structure. Eleven (11) off-street parking spaces are required. Initially Applicant sought a waiver of four (4) off-street parking spaces with eight (8) being provided on site. At the previous hearings the Board expressed concern about traffic congestion and adequate parking for the proposed restaurant use especially during the busy summer season, and asked the Applicants to revise the Site Plan to include the required green space and indicate the location of some parking spaces off-site. Applicants submitted a Special Permit Application, BOA File No. 01l-98, to allow four (4) off-street parking spaces to be located off-site on the property owned by the Chicken Box Restaurant Corporation at 12 - 16 Dave Street, Assessor's Map 55, Parcels 158 and 159, which relief the Board of Appeals granted by a unanimous vote. Applicants offered to limit the use of the four (4) off-site parking spaces to employees and the occupant(s) of the second floor residential use on the Premises, reduce the number of on-site spaces to seven (7) by reducing the number of restaurant seats from thirty-six (36) to thirty-two (32), in order to provide the spaces on-site for restaurant patrons. Applicants represented, through counsel, that there was no possibility at this time of being able to locate the four (4) off-site spaces on the immediately abutting property at 2 and 4 Chin's Way and that the Owner of the property at 12 _ 16 Dave Street has agreed to enter into a long-term lease agreement to allow use of four (4) spaces on said property. The relief granted in BOA File No. 01~-98 was conditioned upon the spaces being available for the use of the proposed restaurant at One Chin's Way between the hours of 6:00 A.M. and 9:00 P.M. on any given day when the restaurant is in operation. 4. Therefore, the Board finds that the grant of Special Permit relief to allow four (4) parking spaces to be located off-site as described above, would be in harmony with the general purpose and intent of the Zoning By-Law and would not be contrary to sound traffic and safety considerations. The spaces would be located within the same block, in walking distance, as the Locus and Applicants have entered into a twenty (20) year lease with the Chicken Box Restaurant Corporation to use the four (4) off-site parking spaces. 5. Accordingly, by a unanimous vote, the Board GRANTS the requested relief by SPECIAL PERMIT under Nantucket Zoning By-Law ~139-18B(1) to allow the Applicants to locate four (4) of the required eleven (11) parking spaces required by the proposed restaurant and one (1) dwelling unit, off-site on land owned by the Chicken Box Restaurant Corporation, located at 12 - 16 Dave Street, Assessor's Map 55, Parcels 158 and 159, upon the following condition: In the event that the twenty (20) year lease is terminated or the off-site parking spaces are no longer available to the Applicants, or their successors, in connection with the restaurant use at One Chin's Way, then this Special Permit shall terminate and lapse without further relief from this Board. ---- ---- Dated: August 17, 1998 (if/II 00 ~ Town of Nantucket ZONING BOARD OF APPEALS RECEIVED BOARD OF ASSESSORS APR 1 1 2003 LIST OF PARTIES IN INTEREST IN THE MATTER OF THE p~~~~~{ MA PROPERTY O~ER..~i.Q.d.~... .~~.N.6...................., ..... MAILING ~DDRESS.....\..... Co.~. ~~.. ~.. '... ~.I). .~.................... PROPERTY LOCATION.... \... .~.~..\.~..:. ~..... ~.:::.:1................ .: C.r I t Co '( ASSESSORS MAPfPARCEL........~.. .l.. .~..........,:). ............................... APPLICANT... )~\ .\?~~. \. \.~.:. .J.. \.;1). .~:........................... ......... 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 on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139. 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