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HomeMy WebLinkAbout087-03 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: :1J.n~r~ Zg , 2rJ?f To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Owner/Applicant: :TOO\e / B_ 'bsI-03 1)~\Jf\d ~(W~ QyyQ C (CJr.f ~ 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. d ~ ~ t_. j An Appeal from this Decision may be taken pursua~:to Section 17 of Chapter 40A, Massachusetts General ~aws. ~ N Any action appealing the Decision must be broughtCby 0 filing an complaint in court within TWENTY (20) d~ys aft~ this day's date. Notice of the action with a copy;of thew complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTYO (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) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. Zoning Board of Appeals 1 EAST CHESTNUT STREET Nantucket, Massachusetts 02554 Assessor's Map 56 Parcel 151.1 Residential- 2 3 Pond Drive LC PLN 14870-7 Lot 132, C.O.T. No. 20,876 At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 12, 2003 at 1 :00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application ofDA VID CLOUGH AND JANE B. CLOUGH, c/o Vaughan, Dale and Hunter, P.C., Whaler's Lane, P.O. Box 659, Nantucket, MA 02554, on Board of Appeals File No. 087-03; 1. Applicants are seeking a MODIFICATION of previously granted VARIANCE relief in the Decision in Board of Appeals File No. 056-95 that allowed the construction of a second floor over an existing garage structure to provide a secondary dwelling. The garage was sited within the required 30-foot front yard setback area in 1980. Applicants are now proposing to expand the living space into the first floor area ofthe garage space, while maintaining a single garage space. Entry steps added on the westerly side of the structure within the required 30-foot setback area would be removed and access would be provided outside of the 30-foot setback area. The Premises is located at 3 POND ROAD, Assessor's Map 56, Parcel 151.1, Land Court Plan 14830-7, Lot 132. The property is zone Residential-2. 2. The Decision is based upon the Application and materials submitted with it and testimony and evidence presented at the Public Hearing. The Planning Board made no recommendation in this matter as the matter was not of planning concern. There was one letter in support of the Application presented at the Public Hearing. 3. Applicants, through counsel, represented that the Locus was a portion of a bigger corner lot that had been subdivided into two parcels in 1984. Upon subdivision newly created Lot No. 133, abutting the Locus to the east, was benefited by and subject to a front yard setback taken from Hussey Farm Road and side yard setback from Pond Road. However, upon subdivision, newly created Lot 132, the Locus, which until then had been subject to a ten-foot side yard setback, now took frontage off of Pond Road and was therefore benefited by and . subject to the thirty-foot front yard setback required in the zoning district. Consequently, the subdivision left the Locus with a garage, originally sited outside of the ten-foot side yard setback prior to subdivision, now sited within the thirty-foot front yard setback area. Applicants explained that in 1995 Applicants' predecessors-in-interest applied to the Nantucket Zoning Board of Appeals for a Variance to ratify the siting of the existing nonconforming garage within the thirty-foot front yard setback area and for permission to convert the second floor of the garage into a secondary dwelling. The Board in the Decision in BOA File No. 056-95 granted the requested relief provided that there was no expansion of the footprint within said setback area and that the apartment be limited to year-round occupancy 4. Applicants are now requesting a Modification to that Variance to include the highlighted portion of the following text: "...conversion of the second floor garage space as well as a portion of the first floor earaee space into a secondary dwelling. II Applicants stated that the planned conversion of a portion of the first floor garage space would include living area as well as kitchen facilities, while leaving one conforming parking bay for use as a garage on the first floor. There would be no expansion of the footprint or any further intrusion into the required 30-foot front yard setback area. 5. Therefore, based upon the foregoing, the Board finds that the requested Modification of the conditions in the Variance granted in the Decision in BOA File No. 056-95 to now allow alteration of the interior first floor space to allow an expansion of the living space, without expansion of the footprint within the required 30-foot front yard setback area, would not be substantially more detrimental to the neighborhood than the existing nonconformity and further reaffirms the Variance related findings made in said Decision. 5. Accordingly, by an UNANIMOUS vote, the Board GRANTS the requested MODIFICATION of the VARIANCE granted in the Decision in Zoning Board of Appeals File No. 056-95, under Nantucket Zoning By-law 139-16A, to allow the conversion of the expansion of the second floor living space of the secondary dwelling into a portion of the first floor garage space, while maintaining a one-bay garage space for parking, subject to the following conditions (which incorporates the conditions contained in the previous Decision): '. (a) The apartment shall be limited to year-round occupancy; (b) The footprint of the garage structure shall remain substantially unchanged, and any additions to allow for second floor access and dormers shall be made outside of the 30-foot setback area; and ( c) The apartment shall be limited to a single bedroom. D~~ -~--- -- Dale Waine Edward Murphy 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, DECEMBER 12, 2003, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: JANE B. CWUGH AND DA VID CLOUGH BOARD OF APPEALS FILE NO. 087-03 Applicants are seeking a MODIFICATION of previously granted VARIANCE relief in the Decision in BOA File No. 056-95 that allowed the construction of a second floor over an existing garage structure to provide a secondary dwelling. The garage was sited within the required 30-foot front yard setback area in 1980. Applicants are now proposing to expand the living space into the first floor area of the garage space, while maintaining a single- garage space. Entry steps added on the westerly side of the structure within the required 30-foot setback area will be removed and access will be provided outside of the 30-foot setback area. The Premises is located at 3 POND ROAD, Assessor's Map 56, Parcel 151.1 , Land Court Plan 14830-7, Lot 132. The property is zoned Residential-2. v?.OfA Qltd ~ Nancy 1. Sevre Chairman 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. ce 7 -oJ ()3 FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Jane B. Clough and David Clough Mailing address: c/o Vaughan, Dale and Hunter, P.O. Box 659 Nantucket 02554 Applic~nt's name(s): Same Mailing address: Same Locus address: 3 Pond Road d \.N ~}J Land Court Plan: 14830-7 Lot No.: 132 ~- Assessor's Map/Parcel: 56/1518~: <: ~. -c:- " ...,.. . "'". Date lot acquired:.2/.12/03 Deed Ref.lCert. of Title:20876 c Zoning District: R-2 ~, z CJ <: N o -0 --> Uses on Lot - Commercial: None xx Yes (describe) - .. '--' 0'\ Residential: Number of dwellings 2 Duplex_ Apartments_Rental Rooms Building Date(s): All pre-date 7/72? No or C ofO(s)? Yes Building Permit Nos: Previous Zoning Board Application Nos.: 56-95 /' I 3/j~) . '- 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: Pursuant to Nantucket Zoning By-Law sec. 139-29 E (2), Board of Appeals Powers, Applicant requests a modification ofthe VARIANCE decision in the matter of Board of Appeals File No. 056-95 to allow the, "....~~I!yersion of the second floor garage space AS WELL AS A PORTION OF THE FIRST FLOOR GAAAGE SPACE into a secondary dwelling unit...," with the bold underlined wording herein being the requested modification. I certify that the info ation co ained herein is substantially complete and true to the best of my knowledge, under the pa,inS a enalties of perjury. / ,. . -H~~. SIGNATURE: ' , Applicant Attorney/Agent (If not owner or owner's to ey, please enclose proo of agency to bring this matter before the Board) FOR ZBA O!\FICE USE Application received on: / I~By: [DeL) Complete: Need copies?: ---=-\ Filed with Town Clerk: t( IM~lanllillg Bmud.-,', /_ Buildiu~ Dep~_ By~ Fee deposited with Town Treasurer:J.lI ~/0By:~aiver requested?:_Granted:_I_I_ Hearing notice posted with Town Clerk: II 1 ~0Mailed:JL/2JJ~I~(1 ~c!3 & 12J~/~ Hearing(s) held on:_/_/_ Opened on:~~_ Continued to:~~_ Withdrawn?:~_I_ DECISION DUE BY: / 1 Made: 1 1 }'iled w/Town Clerk: 1 1 Mailed: 1 / --- --- --- --- DECISION APPEALED?: / 1 SUPERIOR COURT: LAND COURT Form 4/03/03 .J._ ,,, 07.1707 6S?~q5- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET; MASSACHUSETTS 02554 Date: November :2-, 19 95 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 056-95 Owner/Applicant: PHILLIP M. JEKANOWSKI AND ELIZABETH D. CO'LLIER AI.t,,' e/.zd,,'4~;j4!~' Snclosed is the Decision of t~e 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. ~~' O'Mara I 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 Q139-301 (SPECIAL PERMITS); 1139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. "_,-..,..-., l \ \ .1 I I '1 000006 071707 I.' TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET. MASSACHUSETIS 02554 Assessor's Map 56 parcel 151.1 Residential-2 3 Pond Drive Land Court Plan 14870-7 Lot 132 ,rN'I Cert. of Title ~ At a Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS, held on FRIDAY, OCTOBER 13, 1995, at 1:00 P.M., in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, MA, on the Application of PHILLIP M. JEKANOWSKI AND ELIZABETH D. COLLIER. of 3 Pond Drive, Nantucket, MA 02554, Board of Appeals File No. -.YA _-k~ 056-95, the Board made the following Decision: -tNt'., t?tt-~,.tett..C. J~-'- 1. Applicants request a FINDING that a garage structure is protected from enforcement action pursuant to M.G.L. ch 40A, fi7 and further seek relief by VARIANCE pursuant to Zoning By-Law ti139-32 from the requirements of Zoning By-Law ti139-16A (Intensity Regulations _ front yard setback). Applicants propose to construct a secondary single-family dwelling unit within an existing garage structure that is sited 12~ feet from the front'yard lot line in a district that requires a minimum front yard setback of 30 feet. The premises is located at 3 POND DRIVE, Assessor's Map 56, Parcel 151.1, Land Court Plan 14870-7, Lot 132. The property is zoned Residential-2. 2. The Decision is based upon the APplication and materials submitted with,it, and testimony and evidence presented at the Hearing. The planning Board made an unfavorable recommendation. There were two (2) letters and one (1) petition, signed by five (5) abutters, on file supporting the proposed conversion of the second floor of the garage into a dwelling unit. The Building Commissioner alsO spoke'in favor of the grant of relief. ; \ I ,. 3. The Applicants purchased this property in 1986 when there was on~ (1) structure located on it, the subject garage, which was built in 1980. At the time of construction of the garage the Locus had been part of a larger lot and considered a use ancillary to the single family dwelling and office contained therein. In 1984 the predecessor in title subdivided the property into Lot 132 (the "LOCUS") which contained the garage and Lot 133 which contained the dwelling and office. Lot 132 then measured its frontage along Pond Drive and Lot 133 maintained Hussey Farm Road as its frontage. When the two (2) lots had been considered as one (1) the Lot met front yard setback requirements from Hussey Farm Road and. further, met the 10-foot side . yard setback requirement for the garage from pond Drive. When the Lots were subdivided, the lot with the garage on it became non-complying as to front yard setback being sited 12 feet from its front yard lot line as measured from pond Drive rather than the required 30 feet. Ii 1~ i\ l, jt j / \ I I ! ' ,: , I ! \ J..... f OOOOO'i 071.707 However, rio enforcement action was ever taken and the garage has remained in the same location from the date of the 1984 subdivision until the present. Applicants subsequently received a Building Permit and Certificate Of Occupancy to construct a single family dwelling at the ~ear of the Lot that met all dimensional requirements and in 1990 received a Building Permit to construct a deck onto the house. Applicants no~ propose to renovate the two-car garage structure and convert second floor space into a garage apartment. There would be no increase in the footprint of the structure and any additions that will be ~ade to accommodate exterior stairway access and placement of shed dormers on the structure would be made outside of the 30-foot setback area. Applicants would be allowed to convert said space and have a secondary dwelling unit on the premises as a matter of right were the garage sited outside of the setback area. Any alteration to a ~on-complying structure would have to be made by Variance. Applicants represent that moving the structure would be difficult and cause extreme financial difficulty, costing several thousand dollars. Th~ placement of the existing septic system and leaChing field would severely hamper relocation to a point outside of- the required setbacks while still maintaining the required 12-foot distance from the prihcipal dwelling. Applicants stated that the nearest abutter, at 5 Pond Drive, preferred that the garage remain in its prese~t location to minimize infringement on his privacy which would occur shOUld the garage be relocated. The abutter at 10 Hussey Farm Roaa also expressed the same concern and preference. However, both supported the addition of the garag~ apartment. It. was also noted that Applicants had been before this Board in 1986 (BOA File No. 132-86) aSking for similar relief but the Applicat~on was withdrawn without prejudice. 4. The Board finds that the garage structure is protected by the 10-year curative statute from any enforcement action. The Board further finds that due to the facts as presented in this case~ and the overwhelming neighborhood support for the proposal, and owing to the unique location of the structure and diffiCUlty relocating it, conditions especially affecting the Locus but not affecting' generally the zoning district in which the Locus is situated, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financial and otherwise, to the Applicants (in that they had purchased a lot in good faith with a non-complying structure on it) ~nd the desirable relief may be granted without substantial detriment to the public good and without nUllifying or substantially derogating from the intent or purpose of the By-Law. . S. Accordingly, by a vote of four (4) in favor (O'Hara, Williams, Leichter and Waine) and one (1) abstaining (Balas), the Board GRANTS the requested relief by VARIANCE under Zoning By-Law, n39-16A to allow conversion of the second floor garage space into a secondary dwelling unit and further makes the finding that the garage structure i. protected from enforcement action by the curative statute subject " '. 000008 -1 i ! 071.707 ., M ..~ ..- "'1 1-. ~_t I I j ! i i ! I I I i I I , I I I I I / to the follOving conditional a. The apartment shall be limited to year~round occupancy I and b. The footprint of the garage structure shall remain substantially unchanged, and that any additions to allovfor second floor access and dormers shall be made outside of the 30-foot setback area. Da ted I November:J.-, 1995 -1 - :"i ~ "'1 <7.:. {i1;.J7 tdtZ J- Ann G. Balas m RECEIVED . NA~N CLERK'S OFFICE' TUCKI=T. MA 02554 NOV 02 1995 110..1:.._ -.--- CI.F.FlK. I \ /-- >"'~."7:.. N/F :JEf2P-y W. tl"v\/lRY~. AVItf15 5~-/18 NfF -:fotIN f r1<JP€f2o, lmt... r6. ~-I+" ,,1, fnr?t;o\:--r ~.Ii,~:Y...:..c~""l.t'J...J. ':.1...i..l,.lUt..J '.-)L...- ::.,:) 9<'40 ~ _12::: _ ..I 'rl -, __.1-')'1____ '" .... 10 ~ La.,. /", I ' / / r--- I I I 1____ f \ I \ I I Lc;,-,; 1"'71- I I A.~~ 2.1, 1'\"1.':. ~,,<=: I I I \ \ \ I \ \ \ \ \ __.J \ - ""--\- 1AJ'Jt'. ~J~.{ \ - ........." \ \ I . ..1[" , ~.lU-\.:..'.~l i VI; :J!:..l. ;''''''~''\' I A-n-I<R.L-Uf 5.,- 1']'1.- r- If' If' ~ "'If IIo8EAr o. t t>,IiN. 5. f.-IW" 5(....'5' I I I \ \ \ \ \ \ \ \ ~ S E.E VA,RI ANl€ Lc... 00 (. '/ r 707 R.E"! z.t'"tl P\oJEc...LING. (:,.4R..A6e: A-l'T". A..o ~O' "'re..q:. ~..", Note: 'Till"' \\'i~I.ll,J~ n~~Q tQ Qe addressed CURREN, ZONING: 1Z2. MINIMUM LOT SIZE: -ZO,'X"';> "",'F MINIMUM FRONTAGE: ''5,.., FRONTYARD SETBACK: "10 '"\, f SIDE AND REAR SETBACK: 1Dr-~ ALLOWABLE G.C.R.: \"Z-",~" EXISTING G.C.R.: 1."1 "., ~~~~~ ;';..1 u;--- 901-'1/ 1Lo,,"7 FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, VERIFIED BY FIElD MEASUREMENTS AS SHOWN HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMIN A nON OR A REiRACEMENT SURVEY. AS-BUILT PLOT PLAN IN NANTUCKET, MASSACHUSEDS SCALE: 1"<00' DATE: 1IlJ...I<;,'Uoo"l> DEED REFERENCE:lLCcQ~ 1<;, '14-1 PLAN REFERENCE: l~ K 14B70' 7 ASSESSOR'S REFERENCE: MAP: ")(" PARCEL: /51.1 PREPARED FOR: ' :JANC '- ~"'D CJ-oV"'H I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE )"HAT THE PREMISES SHOWN ON THIS PLAN ARE LOCA ITD WITHIN THE G ZONE AS DELlNEA ITD ON THE 'FIRM" MAP OF COMMUNITY NO. 2502JO; MASS. EFFECTIVE: 6-J-86 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. N.B,IOI/II., NANTUCKET SURVEYORs INC. 5 WINDY WAY NANTUCKET, MA. 02554 1!'..Ab:3 N 774-3 Nantucket Registry of Deeds - Search Results rage 1 or 1 Nantucket Registry of Deeds (No Graphics here to save time and ink when printing.) Home I Register's Message I Homestead Act I Directions I Services&Fees I Search I links Land Court Grantee Search bv "CLOUGH" from 2003 found 2 records Previous Page Next Page Page 1 of 1 l Back to Search Form J Grantee: CLOUGH, DAVID IGrantor: JEKANOWSKI, PHILIP M Description: NOTED ON CE_RT 15949 LOT 132 PL 14830-7 3 POND ROAD, Cert. No. 20876 Doc#: 103873 I Date: 9/15/2003 IType: DEED IAmount. Grantee: CLOUGH, JANE 8 I Grantor: JEKANOWSKI, PHILIP M Description: NOTED ON CERT 15949 LOT 132 PL 14830-73 POND ROAD, Cert. No. 20876 Doc#: 103873 I Date: 9/15/2003 IType: DEED IAmount: Previous Page f\Jext Page Page 1 of 1 [ Back to Search Form J @ 2000 Nantucket Registry of Deeds. http://www.nantucketdeeds.com/dsSearchResults. asp 11/6/2003 T~~') ".. q~'. ~~1. PROSPECT HILL CEltETERY 276 22.1 A , . ~ MAP 56, PARCEL 151.1 + ~ RO' 26 i.3 A I/o.,.,: ....,.., ~C.J SCHOFIELD BROTHERS, INC. C)_ I' .STEREO LAND SURVEYORS :;; PROFESSIONAL ENGINEERS . ~~~._.._..__ ...._ 0 .~~~ w :( z is o q ~ SneET INDEX ~:tQ8 I Ji &' (JO BoA Form 2-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 ASSESSOR'S LIST OF PARTIES IN INTEREST PROPERTY OWNER: Qev\\) ~~. t\l>ul=Id. APPLICANT FOR RELIEF (SAME?~): S {)(Mt\ C20Aa .:s~ ADDRESS OF PROPERTY: 'ir ASSESSOR'S ~~P - P~~CEL: ~\ . \ LIST OF PARTIES INCLUDING ADDRESSES *(OR SEE ATTACHED ~): RECEiVED FOARD OF ASSESSORS NOV 0 4 2003 TOWN OF f-JANTUCKET, MA 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 waYi 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.' 5139-29D(2) ] " & "," (l. 4 A (!kv-: ~ ~t?O 3 ~~-A ) . I JA ) ate A:. sessor's Offi e Town of Nantucket *NOTE: Applicant (Petitioner) should include with the lot for which zoning relief is sought, any commonly-owned abutting lots which might become involved in the zoning matter. 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