HomeMy WebLinkAbout048-00TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: August ~ ~ ~ 20 00
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following: ~ _
Application No.:
048-00
Owner/Applicant: GREGORY E. MASKELL AND EVE B. MASKELL
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.
v'
Michael ,~. O~Iara~, CYiairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMJT 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 BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS
Map 68 84A Old South Road
Parce1416 L.C. Plan No. 16514-23; Lot 516
RC -2 Certificate of Title No. ~ S~ Co/ ~-
At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 PM, Friday,
July 14, 2000 in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 Washington
Street, Nantucket, Massachusetts, on the Application of GREGORY E. MASKELL and EVE B.
MASKELL of P.O. Box 1455, Nantucket, Massachusetts 02554, Board of Appeals File No. 048-
00, the Board made the following Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Section 139-9B(2xa), (b), and
(c) of the Nantucket Zoning By-Law (light manufacturing; storage and warehousing, includmg
properly screened open storage of goods and materials; and fabrication and assembly of
component parts for off-site construction or use, respectively) to permit the construction of a
3,990± commercial structure to use in connection with Applicants' landscaping business.
Applicants also seek relief by SPECIAL PERMIT under Section 139-7D(4) of the By-Law to
construct employee housing for six (6) employees on the second level of the structure.
The Premises is located at 84A Old South Road, Assessor's Map 68, Parce1416, Land
Court Plan No. 16514-23, Lot 516. The Premises is zoned RESIDENTIAL COMMERCIALr2.
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 recommended that the
Applicants comply with a Dormitory Management Plan. There was no opposition to Applicants'
request for relief. The Wannacomet Water Company submitted a letter stating that the project is
not subject to the requirements of Section 139-12 of the By-law which prohibits land uses that
result in rendering impervious more than fifteen (15%) percent of the lot are0gr 2,500 square feet,
whichever is greater, because the Applicants' lot contains 55,000 square feet and fi$een (15%)
percent of this area is 8,250 square feet, an area much greater than any proposed impervious
surface for the project.
3. Applicant Greg Maskell represented to the Board that the proposed commercial buddmg
would be used for the interior storage of lawn and landscaping equipment. Plant materials would
be stored outside the buddmg in a 1,000± square foot area located northwest of the proposed -
building. There will be ten (10) off-street parking spaces and a loading zone on the Premises as
shown on the Site Plan prepared by Blackwell and Associates, Inc., dated June 12, 2000. The
building and improvements will comply with all zoning intensity regulations. There is a privet
hedge planted around the perimeter of the lot and there are three (3) shade trees on the Premises.
The BOARD requested that the Applicants maintain the existing privet around the perimeter of
the Premises and plant and maintain privet around the proposed 1,000± square foot exterior
storage area. Further, the BOARD requested that Applicants implement an employee dormitory
management plan as proposed and approved by the Nantucket Planning Board on December 20,
1999. The BOARD also reviewed and approved the Site Plan for the project pursuant to the
provisions of Section 139-23 of the By-law. A cgpy of the Site Plan is annexed hereto as Exhibit
«A»
4. The BOARD finds that the Applicants' proposed use ofthe Premises for a commercial
landscaping building and exterior plant storage area will not be substantially more detrimental to
the neighborhood than existing use subject to the following conditions; that the proposed
employee housing for six (6) employees is an appropriate use in RC-2 Zoning District subject to
the following conditions; and the submitted Site Plan annexed hereto as Exhibit "A" is complete
and meets the requirements set forth in Section 139-23 of the By-Law.
S. Accordingly, by UNANIMOUS VOTE, the BOARD grants the Applicants a SPECIAL
PERMIT under Section 139-9B(2xa), (b) and (c) of the By-law to use the Premises for light
manufacturing, storage and warehousing, including open storage of goods and materials in
connection with the Applicants' landscaping business, and a SPECIAL PERMIT under Section
139-7D(4) for a six (6) person employee dormitory on the second level of the proposed bufidmg,
subject to the following conditions:
A. Applicants shall maintain adequate natural screening along the perimeter of the
Premises, plan and maintain privet along the perimeter of the exterior plant storage
area shown on the Site Plan prepared by Blackwell and Associates, Inc. annexed
hereto as Exhibit "A"; and
B. Applicants shall implement and comply with the provisions of the Dormitory
Management Plan approved by the Nantucket Planning Board on December 20, 1999,
a copy of which is annexed hereto as Exhibit `B"
6. Further, by UNANIMOUS VOTE the BOARD hereby approves the Site Plan for the
project prepared by Blackwell and Associates, Inc., dated June 12, 2000, and entitled "SITE
PLAN TO ACCOMPANY Z.B.A. APPLICATION prepared for GREGORY and EVE
MASKELL", a copy of which is annexed hereto as Exhibit "A".
NANTUCKET BOARD OF APPEALS
u'
CI?[~~IRMAN
Dated: Nantuc , MA
August p2 , 2000
WILLIAM P. HOURIHAN
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7
EDWARD MURPHY
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NANCY SE NS
D. NE ARE
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
AUG 2 5 2000
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~'gPORATE~~
NANTUCKET PLANNING 6OARD
Sample Dormitory Management Plan
1. The property owner shall be responsible to plant and permanently maintain a compact hedge at
least four feet high along the perimeter of the lot (except along any common driveway) to
provide screening from neighboring parcels.
2. The property owner shall be responsible to plant and permanently maintain at least two shade
trees of at least four inches caliper in locations determined by the ZBA to best minimize the
visual impact of the building and pazking azea, as shown on the endorsed site plan.
3. All exterior lighting shall be directed generally downwazd and placed so as to not be directed at
any neighboring parcels.
4. The locus shall be serviced by a commercial trash removal service, with trash to be removed at
regular, frequent intervals yeaz-round, as needed.
5. No exterior storage of furniture (with the exception of items typically used as lawn furniture),
refuse, mechanical components, debris, unregistered or inoperable vehicles, or other materials
constituting a nuisance, shall be permitted on the locus.
6. No loud music or other noise violating the Nantucket noise by-law or any other provision of law
from time to time in effect shall be permitted upon the lot.
7. The dormitory building upon the locus shall not be used for the housing of any persons except
for employees of an owner of the locus, or employees of a tenant of an owner of the locus. No
portion of any building upon the locus shall be rented to any person for occupancy by such
person; all tenants shall be employers, and all occupants shall be employees of an owner or
tenant, who aze licensed by their respective employers to occupy a space in the dormitory by
virtue of their employment and for only so long as their employment shall continue. No
subtenancies of the buildings upon the locus or any portion thereof shall be permitted.
8. Each lease to an employer shall set forth that the employer shall be responsible for compliance
with all provisions of these conditions by the employees of such employer and within the area
leased to such employer.
9. The property owner shall employ an individual resident manager, or designate a tenant for the
same, who shall reside in the dormitory building. The resident manager shall be required to take
action to address neighbor's complaints, and shall maintain an open log of the complaints and
action taken to abate each problem. The log shall be submitted to the Building Department on a
monthly basis, where it shall be available for review by any interested parties.
1 East Chestnut Street • Nantucket, MA 02554 • (508) 228-7233 • fax (508) 228-7236
email: nanplan@nantucket.net
• Sample Dormitory Management Plan ~ 2
Nantucket Planning Board
10. The names and telephone numbers of the resident manager and the property owner shall be
delivered to each property owner within 300 feet of the lot owned by the applicant. This
information shall be updated at the time of any change. It shall further be filed with the
Nantucket Police Department, the Nantucket Building Department, and the Nantucket Health
Department. The resident manager shall be provided with a paging device, with the telephone
number provided to the Nantucket Police Department.
11. No person who does not reside on the premises shall be on the lot between the hours of 11:00 pm
and 6:00 am
12. The premises and grounds of the lot shall be kept neat and clean at all times.
13. The total number of motor vehicles permitted to be kept upon the lot by the owners of the lot,
tenants, or their employees or guests shall not exceed the number of on-site parking spaces
provided upon the lot. No employee shall keep a motor vehicle upon any lot without the consent
of his or her employer.
14. The owner of the locus, or the tenant of an owner of the locus shall make available to their
employees free Nantucket Regional Transit Authority shuttle passes for the entire period that
such employees reside in the dormitory.
15. The property owner shall be required to install and maintain bike racks on the property, in a
location convenient for use by the residents of the dormitory.
16. The property owner shall periodically conduct orientation sessions, which each new employee
and a representative of each new employer housing employees shall be required to attend, in
order to ensure that each employer and each employee fully understand all conditions, rules and
regulations applicable to the dormitory.
17. The Zoning Board of Appeals shall retain the right to revoke and/or amend the special permit if,
in the opinion of the Board, the continuation of the dormitory special permit would be
inconsistent with the intent of the Zoning Bylaw or the intent of the original special permit,
based on citizen concerns, a review of complaints logged by the resident manager and/or any
other evidence from law enforcement officials, residents or Board members.
Approved by Planning Board, Dumber 20, 1999
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
37 WASHINGTON 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, JULY 14, 2000, in the CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on
the Application of the following:
GREGORY E. AND EVE B. MASKELL
BOARD OF APPEALS FILE N0. 048-00
Applicants are seeking relief by SPECIAL PERMIT under Nantucket
Zoning Bylaw §139-9B(2)(a), (b) and (c) (light manufacturing; storage
and warehousing, including properly screened open storage of goods and
materials; and fabrication and assembly of component parts for off-site
construction or use, respectively). Applicants propose to construct an
approximately 3,990 square-foot commercial structure to use in
conjunction with their landscaping business. All parking, greenspace
and loading zone requirements will be met and there are no
nonconformities with the vacant about 55,305 square-foot Lot. Relief by
SPECIAL PERMIT is also sought under Nantucket Zoning Bylaw §139-7D(4)
to house up to six (6) employees in an employer dorm on the second
floor.
The Premises is located at 84A OLD SOUTH ROAD, Assessor's Map
68, Parcel 416, Land Court Plan No. 16514-23, Lot 516. The property is
zoned Residential-Commercial-2.
Willi m P. Hou ihan, Chairman
RECEIVE®
TOWN CLERK'S OFFICE
NANTUCKET, MA 02554
JUN 2 9 2000
tsME: `~ :~36 oM,
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' ~~$oA Form 1.-89
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NANTIICKET ZODIYDTO BOARD Op APPEAY,S •
TOWN AND ' COUNTY BIIILp2DY0 a e
NAN'rIIC~T~ N71: 02554 CASE No~~-~
.;: owner ~ s nazas (s)
Mailing address:
~'~ Applicant ~ s name: J~1'~ )
'~~ ~ Mailing address : ~ ~~ C~.JY~D 1 •
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Location of lot: Asses~or'& map and parcel number - P
! street address: D
Registry Land•Ct'Plan, $l~n Bk & Pg or plan File hot
/~ Q~~~-~ ~,~~ Zoning district •B"G~
Date lot acqu re
_
Uses on lot - .commercial:' None X or _ Mco?--o
number of : dwellings du sex a art}uents_, rectal
p ._ • p rooms, o
or _ ~ c
8uilding• date(s) : all pre-8/723 a
of o?~~
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Building Permit appl'n. Nos. ~ W (L' 1-
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Case Nos. all•8oA applications, lawsuits: ? ~
0
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State fully all xoning relief sought and rsspsottve Code saations o Q -j=•Y
and subsections, specifically what you propose admppaced to present ~ z ~' "w
and what grounds you urge for 8oA to wake each finding per Section ~ ~
i39-32A ,_„_, if Variance, 1.39-BOA if a Special Permit '(and 139-33A
~,$if to alter or extend a nanco'n~'orming use). x~ ap sal per 139-3~A
,_ , attach decision or order •appealed. OK to a~tach addendum .
~u~C~O
sa~~ orr X39- ~~ Ca ~ J
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U~.hc~ s~ C~ s ~~.~.~nn
am°Q ~-lfiK ~~ ri o,n-~ ~ ~ ~ Q. ecoc~?
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~em~ el~.osec~'~fas'~r`~"'of"~h~s 7~ppl~.cat~1'o»: orders addendum
Locus map ``5site lah showing present +plannea structures
ploor plan gresen~ ~roposo¢ alovat~ris (HOZP"sypproved? )•
Listings ..lot area "~.'roritaq~e setbacks G arkiriy data'-"
Assessor-certified adc~resse~• l'~at 4 sets, ma~"_""T ~abs],s 2 sets
~$oo tss payable to Town of Nantucket proof cap' covenant
• (zt a» appeal, ask. To~--n Clerk ~to scs»3'~ldg Comte record to SoA: j-
Y certify that the requested nforiaation submitted is substantially \
complete and trust the bee of knowledge, under the pains and
penalties of perdu
SYGNATURE: ~ ~ Applica»t ~torney/agent •
• 3(Yt not ow»ex Q owner's attorney, enclose proof of authority)
•
• ~ FOR BoA OFFYCE USE
Application copies rec' d: 4 ~or _, for 8oA on~s ~ by
one copy filed with Town Clerk o»,~~,~/~by co:pplete? L/
• one copy each to Planning Sd and Building O3pt_~~" by
•$200 res check given Town Treasurer on_~~_~~ by waived'?
Bearing ~sotice potted ~Q/~,,,JC~ mal,led,~~~'~~ Y & M1s~~/~, ,~~~
Hearing (s) o»,_/,_,.,/~ cont ~ ~~ to,,,,,,J,_/_,•, ,~,_/,_ withdrawn?_„_/„~_
Decision due by,_,/,_/,_, made„J„~,,,_, tiled TC,_„/,,,,,,_,_, mailed,_/,^/_„_
See related cases lawsuits other
l •
BLACgWELL & ASSOCIATES, INC.
Professional Land Surveyors
LOCUS MAP
PORTION OF ASSESSOR'S MAP 68
SCALE: 1"=500' +/-
GREG & EVE MASKELL
#84A OLD-SOUTH ROAD
ASSESSOR'S MAP 68 PARCEL 416 _ _ _
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20 TEASDALE CIRCLE NANTUCKET, MA 02554
PHONE (508)-228-9026 FAX (508)-228-5292
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c r.;.•n•m aTw[ r•Y. ^•
LIrtVC1cR
•fM}VC[[T Y[Y0.1•L 101WT
(508)228-0022
(508) 325-5344 fax
www wannacomcirorg
Rn6ert L_ Gardner
General M,anagcc
WANNACOMI~T
~~'~ 1 Miles
~. ~ _. .~T':.Y.
Ms_ Linda Williams
Assistant Administrator
Zoning Board of Appeals
37 Washington Street
Nantucket, MA 02554
June
~~- ~~~a~
Nantucket
Water Commission
•" Ndsoa IC. Eldridge
~~ Norcca Slavitz
David D. Wortt-
By TelefAx
RE: Site Plan for Gregory and Eve Maskell, 84A Old South Road
Assessor's Map 68, Parce1416
Dear Linda,
At your request I have reviewed the site plan for the proposed structure for
Gregory and Eve Maskell, 84A Old South Road dated February 4, ?000. Having done so
I have determined the following-
1. The lot is 55,000 square feet, and the amount of impervious ground cover
including the proposed structure 2,600 square feet.
~~
2. The maximum amount of impervious ground cover allowed, without being
subject to the provision of §139-12 of the zoning by-laws, is 2,500 square feet
or 15% of the lot, whichever is greater. In ties case 15% of the lot is 8,250
square feet.
Summary
The Wannacomet Water Company finds that this project is not subject to the
requirements of § 139-12 of the Town of Nantucket Zoning By-laws. Therefore, the
Wannacomet Water Company is not required to issue a Certificate of Water Quality_
If you have any questions please give me a call.
Sincerely,
WANNACOMET WATER COMPANY
~~,.~\.
Robert L_ Gardner
General Manager
Cc: Gregory Maskell
Chris Pykosz, WWCo
~'
~. .
SITE PICT
p,~~-~~gglica~t:
G~tEGORY & EYE ZdASKELL
Loc~a: #84A. OLl} SOUTH ROAD
Cent.: 15612. ~f6514--23, Lot 516
Scale: 1"=40' Feb 4, X000
map 68 garcel 416
.'~ .,- _. 1.
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TOWN, OF NANTUCKET
ZONING BOARD OF APPEALS
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LIST OF PARTIES M fNTEREST M Tl~-CE MATTER OF THE PETITION OF
PROPERTY OWNER :................. l-~ ~
Y~. c~.~ ...........~..N.. e ............. ~.*~ ..
~~1AJL(NG ADDRESS: 4~ I
PROPERTY LOCATION:........~A...........~.~..~r~...........Q.~~.....~.c~`?'t-~...~~
..
ASSESSORS MAP/FARCE ....,...~,~:''`..~.~..~? ....................................... .
S UB ~~ I TT E D B Y :....................... ~~~. ~.......... ,..
e~.~.... ...............
SEE ATTACHED PAGES
I ccniFj that the foregoing is a list of persons who arc o~mers of abusing property, o~~ners o' iZ~~
d~rcc~l~ opposite on any public or pnvatc street or ~~~ay; and abusers of the abusers and III o~hcr
land o~~ncrs ~~ithin three hundred feet of the property line of o~mcr's property, all as thc~ appear
on the most recent applicable tax list. (M.G.L, c. 90A, Section I I Zoning Codc Chapter 139.
Section 139.29D (2) ).
,~..0..1.~U.C>. , ....
DATE
ASSESSOR'S OFFICE
TOu/N OF NANTUCKET
r~~,
OS/O1/00
TOWN OF NANTUCKET
13:27:44 OWN ER'S MAILING ADDRESS LIST
Map Block Lot Owner's/Co-Owner's Name Mai ling Address/City State Zip Property Location
0068 0405 EGAN MARY ANN PO BOX 435 0074 OLD SOUTH RD
NANTUCKET MA 02554
0068 0406 ARNO JOHN & COLLEEN TRUSTEES 74 1/2 OLD SOUTH ROAD 074A OLD SOUTH RD
NANTUCKET MA 02554
0068 0407 LURVEY BRADFORD E PO BOX 2422 0076 OLD SOUTH RD
NANTUCKET MA 02584
0068 0408 DAY PHILIP B & HENRIETTA L PO BOX 3084 076A OLD SOUTH RD
NANTUCKET MA 02584
OObB 0409 BEITNER BRIAN M TRUSTEE 67 CREST ROAD EAST 0078 OLD SOUTH RD
BRIAN M BEITNER TRUST ROLLING HILLS CA 90274
0068 0400 KASCHULUK JEFFREY TR PO BOX 2890 086A GLD SOUTH RD
NANTICUT REALTY TRUST NANTUCKET MA 02584
0060 0417 *EGAN MARY ANN PO BOX 435 0086 OLD SOUTH RD
NANTUCKET MA 02554
0068 0415 GAYNOR LINDA L PO BOX 78 0064 OLD SOUTH RD
NANTUCKET MA .02554
0068 0414 MCGARVEY CHRISTOPHER & GLENN A 82A OLD SOUTH ROAD 082A OLD SOUTH RD
NANTUCKET MA 02554
OObB 0404 DUGAN TIMOTHY E & DAWN B DARBY 135 POLPIS ROAD 072A OLD SOUTH RD
NANTUCKET MA 02554
0069 C41U JONES JOANNE M 78 1/2 OLD SOUTH RD 078A OLD SOUTH RD
NANTUCKET MA 02554
0069 OAll PAP.SONS TIMOTHY & 60YES MOIRA 80 OLD SOUTH ROAD il080 OLD SOUTH RD
NANTUCKET MA 02554
006d 0412 SUTHERLAND DANIEL & ELIZABETH O80 A OLD SOUTH F.D 080A OLD SOUTH RD
NANTUCKET MA 02554
0063 Oi23 D:~DGE BRIAN & PAMELA MOFFITT 54 LIBERTY ST 0031 PINECREST DR
NEWBURYPORT MA 01950
0068 Uh22 G;,OWACKI DAVID & ELLEN TRS J03 5 PINE CREST DRIVE 0035 PINECREST DR
DABRIELL REALTY TRUST NANTUCKET MA 02554
0068 Oa13 CIIITESTER MARK K & SHERRY PO BOX 3027 ~ 0082 OLD SOUTH RD
NANTUCKET MA 02584
0068 0421 KING EDWARD F JR & TAMMY L PO BOX 607 0039 PINE CREST DR
NANTUCKET MA 02554-0607
0068 0420 COFFIN THOMAS H JR & SHERRY A PO BOX 2585 0000 PINE CREST DR
NANTUCKET MA 02584-2565
0068 0424 CLINGER THOMAS & SHEILA 20 BOX 2237 0027 PINE CREST DR
NANTUCKET MA 02584
0068 0425 PARADIS P STEPHEN & JENNIFER A 22 PINE CREST DRIVE 0022 PINE CREST DR
NANTUCKET MA 02554
0068 0426 NARDONE PHILIP A JR & LISA A 14 ORCHARD CROSSING 0026 PINE CREST DR
ANDOVER MA 01610
0068 0427 SNELL KYLE D & LORI S 005 PINE CREST DRIVE 0003 PINE CREST DR
NANTUCKET MA 02554
0068 0428 CIARMATARO JOSEPH & JULIE PO BOX 2746 096A OLD SOUTH RD
NANTUCKET MA 02584
0068 0419 BUNTING JOAN BOX 2441 0004 PINE CREST DR
NANTUCKET MA 02584
0068 04191 KASCHULUK JEFFREY J PO BOX 2890 0088 OLD SOUTH RD
NANTUCKET MA 02584
PAGE 1
MUAS750 9.3
NUMBER OF RECORDS = 25