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HomeMy WebLinkAbout1978-04-04 GROTON TOWN PLANNING BOARD MEETING Held at the Town Hall , Groton , New York on Tuesday - April 4 , 1978 PRESENT : G . Totman - Chairman* D . Payne* J . McNeil* Co Twigg* R . Gleason* M . Adams L . Raymond Bob Brown - Zoning Enforcement Officer J . Bell - Recording Clerk* * - Denotes those present . Mr . Totman called the meeting to order at 8 * 15 P . M . and passed out copies of the proposal the Planning Board made to the Town Board to all members present . G . Totman : Those are copies of the proposal we made to the Town Board last night concerning the proposed change in the zoning ordinance as it pertains to motorized vehicles repairs and sales . I will affix a copy of it to tonight ' s minutes so that everybody will get a copy next week and they will be made a part of the record in our files . Basically I had it typed up into charts - - were redrawn but it ' s the same as we discussed at the March 7th meeting . I submitted this to the Town Board last night and they accepted it with no negative response . The Town Attorney seemed to think that it was 0 . K . and they thought that we should go ahead as quickly as possible and make the proposed change in the zoning ordinance . Although they had some questions as to map and that there would be some other type of businesses that might need to be looked at or that we should put in certain zones so that if we are changing the ordinance we should do it all at once . R . Gleason : That ' s what I think . J . McNeil : Yes , G . Totman : You know - - for example somebody mentioned how about mentioning these guys starting businesses of selling firewood in their front yards . They asked us tonight if we would look at the zoning ordinance and see what is allowed in the various zones and see if we would come up with any suggestions as to other types of businesses and do the same thing as we did with this using the same format . - 1 - G . Totman : And then they asked us if we would meet again on the 20th of April here at 7 : 30 PM with them , - -with the Town Board , - - to formulate what ideas we might have or to bring what we come up with tonight to theip , - - like we did with this - - and then they would formally pass this and any other suggestions or proposed changes that we or they might come up with between now and then . I talked to the Town Attorney after the meeting and he had a copy of this and he saw no reason why it wouldn ' t go through unless something came up between now and then and he assured me he would do everything he could to call a quick public hearing after that meeting and proceed as quickly as possible for the benefit of the people who are waiting now for this so they can start their businesses , - -but they did want us to work at the ordinance to - night and see if there are any possible suggestions or things we might have missed . If anybody doesn ' t have a copy of the ordinance there are some in the other room I can get for you . R . Gleason : Yes , I ' d like one . C . Twigg : I would like one also . G . Totman : Anyone else . D . Payne : Yes , J . McNeil : I have mine , George . Mr . Totman went and got copies for all who needed them . G . Totman : We ' ll put them back when we ' re done tonight . J . McNeil : Has anybody talked to the Town Attorney about what would be legal as to wording ? G . Totman : No , I didn ' t get a chance to talk to them about that . They were engrossed in their dog problem . R . Gleason : Over here - - on page 29 through - - or rather Section 100 . 4 - Special Permits , page 27 , - - it mentions certain things that would be allowed in A and M areas like drive - in theaters , public or private social groups in A and M areas or warehouse facilities in M Areas . Why can ' t we simply say a small business locating in the agricultural area not specified will be allowed after meeting certain criteria like it mentions here industrial and agricultural sales in M area or - - G . Totman : Then it sticks to the fact you have to mention what particular business you ' re talking about . D . Payne : If you want something like that you would have to eliminate the statement in Section 602 , R . Gleason : We have special permits and that isn ' t mentioned and we have them here and they are mentioned . 2 - J . McNeil ; The special permit clause itself on page 22 states - - - -to me you could interpret it in two different ways - - as saying are d - - - - - - - - - - - - situations the zoning ordinance could handle - - seems to me . R . Gleason ; I really think we need some guidance , - -we can sit here all night and seems we ' ll still have to change the zoning ordinance every time something new comes up . If we could come up with perform- ance standards it seems as though they could cover a lot of things that we have no objection to but just can ' t think of right now providing they meet the performance standards . J . McNeil ; Has anyone ever applied for a special permit the way it is ? G . Totman ; Not that I know of . J . McNeil ; If you can put what it says in 602 there should be no reason for special permits or having it in there . D . Payne ; That ' s right . J . McNeil ; That ' s on page 13 . G . Totman ; Wait a minute , now , - - Roger was mentioning what it said on page 29 like drive- in theaters in A and M areas with special permits . If you look back at the listing allowed in A and M areas you ' ll find they are listed with an asterisk to go to special permit section so they are noted in that section . Do you follow me? J . McNeil ; Yes . R . Gleason ; Alright , - -why can ' t we simply put a clause in - - small businesses and sales industries - - G . Totman ; We have sales and services taken care of . R . Gleason ; For motorized . G . Totman ; There are other - - only things mentioned was somebody selling fire- wood . It was a thought expressed . R . Gleason ; I think there ' s something in here about forestry . J . McNeil ; In the beginning . R . Gleason ; There again , - -you have a real gray area there , - -when does the forestry stop and the sales start ? C . Twi990 "Crop farming , forestry or agricultural warehousing . . . . " - - what does that come under agricultural warehousing ? R . Gleason ; Selling machinery or fertilizer . C . Twigg ; And wood ? R . Gleason ; That won ' t , - - that ' s forestry , really . C . Twigg ; Well , it would be agricultural warehousing . That guy on Summer - - 3 - C . Twigg : hill has a big warehouse sales - - he sells wood out of it and stores it there too . R . Gleason ; It would come out of forestry which co v ers : a multitude of sins . D . Payne : It ' s allowed in all 3 zones so it would be covered . R . Gleason : Except when you get into the retail sale of the thing . G . Totman : There ' s a roadside stand permit . R . Gleason : Well , probably that would cover it . Some discussion was held on this by all . G . Totman : At the meeting last night they just wanted to make sure didn ' t go ahead and put this change in and a month later have someone else come in and say how about this so they asked us if we would look at it tonight to see if there were other things that might cause the same type of problem , with nothing particular in mind . The selling of wood isn ' t a problem although there are 2 - 3 of them around . It was just made as a reference for something like that . Before we go any further , maybe we should - - this is the first time we have really had a chance with just ourselves with Bob to listen to some of his problems and see if we can pick up any ideas or thoughts from some of the things he has been running into around the Town . How would that sound ? B . Brown : I came to listen not to talk . G . Totman : I have been having some odd phone calls - - people being told to call me on some of the gray areas in the zoning ordinance - - I think there ' s a little misconception on the part of the Town officials as to what role the Planning Board really plays in the enforcement of zoning and that being so it naturally makes Bob ' s job more difficult some - times , too . Now like Mr . Bush - - what ' s his first name ? B . Brown : I don ' t know . R . Gleason : Alfred - - from New Jersey ? G . Totman : This one is from Maryland , - -he wants to start an automobile repair shop in the agricultural zone which covers the thing we proposed to the Town Board last night but he was referred to me and wanted to come to our meeting to see if we were going to O . K . it for him . I said he could come if he wanted to but wouldn ' t do much good be - cause all we can do is propose it to the Town Board - - changes I mean . I suggested if he wanted to do something or get something going - he ' s been delaying for almost a year - - so I suggested he apply for a building permit from Bob which he would get turned down on but it would start the ball rolling so then he would apply for a variance or go to the Zoning Board of Appeals . So he did come to the office here and they gave him an application - 4 - G . Totman : for a variance to the Zoning Board of Appeals but he was told to take it to the Planning Board . C . Twigg : What do we make decisions on ? All we make them on is the sub - divisions , right ? G . Totman : That ' s right . The only real authority we have is to approve or disapprove subdivision plans and we have the sole authority on that and can overrule anybody on that and the Town Board have no power on that whatsoever . They voted to give us that power . In all other capacities we are an advisory committee . We should be doing more than we have been doing . We should be taking the ordinance and be constantly working to revise it or make suggested changes and plan for growth for the town for the next 5 - 10 years and all that . We haven ' t done as much of that as we should have . C . Twigg : One problem we found with that was the regulations that are in effect aren ' t being enforced so if we changed it would it make any difference - - that was our thinking back when we were working on it or tried to do something with it . We didn ' t feel the necessity of changing it if what we have isn ' t being used , - -why get another one ? G . Totman : That was the comments at the Town Board meeting last night . Verl Rankin was quite strong in that feeling that you ' re talking about making a new ordinance and new regulations and all the ones we have on the books are not being enforced . From my conversation with Teresa and the Board itself now , and Colleen , they really want to get things going . You can ' t keep going on the past like Teresa said last night you have to take it from here and go forward and at least I get the impression from her that she wants to see things done right rather than the way they were going and that is why she called a special meeting for the 20th and gave the indication that they are prepared to take the proposed changes we have given them and , from going to the Town Board meetings in the past , last night was completely different than the other times . Even the Town attorney , who in the past we had questions for and he never agreed with us and sometimes threw them out completely , last night I left the meeting very impressed . I felt that at least we didn ' t waste our time doing this because it seemed to be appreciated . It ' s the first time I ' ve had that feeling with the Town Board in a long time . I tell you this and I wouldn ' t say it if I didn ' t mean it . I really believe they were sincere . Our . problem , as everybody knows , all these things have been happening in the past and nobody does anything about it . Like Bob has a case right now where a fellow came in last year and applied for a junkyard permit , - -had public hearing and everything went by due process of the law and everybody that lived anywheres near the proposed junkyard were there violently against granting it . The Town Board ultimately did not give the approval for the permit for the proposed junkyard so the fellow that applied changed his stand a little bit and started the same junkyard but put cars up for sale so he could call it a used car lot which he did not even - 5 - G . Totman : come in and ask for a permit for and didn ' t get any approval for that . N6w last Fall Bob wrote him a letter and told him would have to do something about it so he cleaned it up a little bit and made it look a lot better . Now he ' s back in the same old business and it looks like a junkyard again . Basically what should have happened last Fall he should have had 10 days or get it out of there or else had an injunction sent to him by the Town attorney . That would stop that and show other people , in the Town it wouldn ' t be allowed but that didn ' t happen . So Bob met with the attorney last night and as I understand it now Bob is going to write him another letter and give him 10 days . Be Brown : It ' s written . G . Totman : To clean up and if he doesn ' t will turn it over to the Town attorney who will draw up an injunction and take it to Court and make him stop that . Be Brown : And he was informed if he didn ' t comply legal action would be taken against him . That ' s in the letter . G . Totman : Ben was agreeable to this and felt it would go that way . CO Twigg0 What are we going to do about these garages - - that are covered in this - - the ones that are in existence ? G . Totman : They will have to apply for permits and have to meet the regulations that are here now and then can get their permits and if they don ' t - - that ' s another thing - - we ought to give Bob a copy of this and then he ' ll know what they are passing . Mr . Totman gave Mr . Brown a copy of the suggested changes to the ordinance . R . Gleason : While you ' ve been talking - - look on page ll , - - excuse me page 122 6019372 6019391, 601 . 41 , and 601 . 42 - as if we just put an A in there with an asterisk . What I ' m getting at I see no reason why they couldn ' t be in the agricultural area . J . McNeil : Almost that whole section could be with a special permit type thing . G . Totman : There ' s apparently a reason why they are kept separate , - - I don ' t know why . R . Gleason : I don ' t know either but I ' m wondering if we put an A in there with an asterisk wouldn ' t we cover what we have been talking about ? C . Twigg : Just about . R . Gleason : Then we wouldn ' t have to add a lot of new sections or anything . Suppose someone comes in and wants to establish a restaurant like say Taughhannock Inn - - there ' s no provision for that in the agricultural area and I can see no objection to it really if it meets the necessary requirements . 6 - G . Totman : You see , Roger , every time you put an asterisk in , you have to put an explanation in . Some discussion was held on this by R . Gleason , G . Totman and others . G . Totman : What would you do , . Bob , if someone complained to you that a guys`., was cutting wood for resale and claimed he was doing business illegally and he was in a M zone ? B . Brown : What would I do ? I would just have to go through 'this book and see what I could find out . J . McNeil : It ' s not covered in this , I don ' t think . R . Gleason : Forestry would be , - - I have a piece of property in a M zone and have some trees growing there and if I want to harvest them I ' d assume I could but if say the Gutchess Lumber Company came in and wanted to start a saw mill they couldn ' t do it but I would interpret it that you could go into your woods and cut but I ' m not sure if you can actually retail wood in a M zone . J . McNeil : This is not his own ? G . Totman ; No , he ' s bringing it in and it ' s annoying the neighbors . Not only that he has a business going and he has no permit for it . What I ' m getting at is living in an age where people are moving back and forth and you get some people who are used to zoning and this is happening and they say we have zoning here and should put a stop to this and there ' s Bob on the spot again . - - And here ' s Teresa - - J . McNeil : That ' s covered on page 3 . ( T . Robinson came in at 5 to 9 and joined the group . ) T . Robinson : How ' s it going ? G . Totman : We' re floundering around . You left last night asking us to see if there were any other things we should change so we could do it all at one time and we ' ve been going through the ordinance and basically what we ' ve been doing more than anything else is getting reacquainted ourselves with the ordinance and hazzling Bob along the way . C . Twigg : Bob don ' t hazzle , - -he just groans a little but don ' t get mad like he ' s supposed to . G . Totman and T . Robinson discussed some of the problems facing Mr . Brown , G . Totman : Colleen showed me a statement on this last night that said anybody that had a problem should come to the Planning Board . All he wants to do is - - his house and garage can ' t be seen from the road , - - it ' s about 500 ft . from the road and in his garage he wants to build and repair cars for other people . Now he did this - 7 - G . Totman : same thing just outside of Baltimore , Maryland but his land there was visible to all his neighbors and he has some pictures of it to show he really wasn ' t a messy type but where he is doing it now he wants to do it off of the - - - this is what he is proposing (Mr . Totman showed his plans to Mr . Brown and the Planning Board members ) . C . Twigg : Where is this at ? Be Brown : Davis Road . G . Totman : Teresa it ' s on page 40- -what she showed me last night - - at the bottom of the page . R . Gleason : But you still have to go to the Board of Appeals first . T . Robinson : No . D . Payne : It ' s still only for review . J . McNeil : Right . G . Totman : This fellow Bush is not proposing to build a new building .All he wants to do is change the use of that land from private dwelling to business . D . Payne : But they still have to go to the Board of Appeals first . G . Totman : And the Board of Appeals gives it to the Planning Board if they don ' t know what to do with it . R . Gleason : They still have to go to the Board of Appeals first or else come to us for an amendment . G . Totman : And have us submit it to the Town Board , T . Robinson : It gives that person an opportunity to present a variance , - - that ' s actually what it does . G . Totman : A variance is one thing but here you ' re asking for something that isn ' t in the Master Plan , - - it isn ' t in here at all . A variance is where he doesn ' t meet the requirements . For example he applies for a mobile home park but doesn ' t have enough land so the zoning officer turns him down and he goes to the Board of Appeals for a variance and then they can make a decision as to whether it ' s a hardship or not but if it isn ' t not here at all . T . Robinson : I ' m saying — NO this is his only recourse - - to come through this - - a variance of land . R . Gleason : Actually we have to change it . G . Totman : He ' s been mislead . What he should have done OR We first of all gone to the enforcement officer and made out request for permit and the enforcement officer looks it over and says it isn ' t allowed and says no and the guy asks what do I do now and if he asked me I would tell him to go to the Board of Appeals and ask for a variance . T . Robinson : The only trouble is we give out a lot of free advi 6e and don ' t know what it ' s for . Should have a piece of paper so we know what we ' re looking at . Me 8 00 G . Totman : If he had gone to the Board of Appeals they would of turned it down . T . Robinson : What I ' m saying is people go around and ask you to do this and that but you can ' t act upon anything until you have something on paper so you know what you ' re doing . G . Totman : Maybe the reason being he couldn ' t find any legal way of doing it . If he wanted to be illegal I think he would have gone ahead and done it because nobody would ever have known . He ' s been waiting almost a year to get a permit . T . Robinson : No , - - it ' s been longer than that a year and a half going on two . G . Totman : I don ' t know why somebody in this office here really didn ' t tell him to make out a request for a permit . T . Robinson : We did when he came to us but before that it was all verbal . G . Totman : Well , his problem will be taken care of here . T . Robinson : But this is why we should check to see if there are other things that should be changed too because times are changing and what I learned when I went to New York City to some of the Planning Board meetings you have to update this continually because times do change and situations are different . G . Totman : The reason I asked you that question earlier , Bob , was not to put you on a spot but we have to look at these things and when they come up what are we going to do about them? We were just talking about what Verl said last night about having all these regulations but never enforcing them . And Bob sent a letter to Terry O ' Brien so looks like it ' s moving in the right direction . So , as a hypothetical question supposing a neighbor phones up and says he has a neighbor bringing in wood next to his place and spends all his time sawing up wood on the week- ends and he doesn ' t see anything in the zoning ordinance that says it ' s legal . What are you going to do about it ? These things can happen . C . Twigg : Does it take a formal complaint ? The enforcement officer now knows that that guy in McLean is irritating the neighbors ? G . Totman : All the enforcement officer has to do is see him and tell him it ' s illegal . R . Gleason : This is why I ' m proposing put this thing in with an asterisk . �G . Totman : The purpose of all that is - - like Don says - - we won ' t have any- thing ready by the 20th and suggested we change the date but what I would rather do is go ahead with that and meet with the Town Board and Ben ' s going to be here that night because if we take all these and do what we did with this it will be another 6 months or a year so we have to get the change made sometime in the month of May or otherwise you ' re going to lose the good faith of some of the people who have been sitting around waiting . D . Payne : We have 2 ways to go - - put this through by itself and make the other changes later . - 9 - G . Totman : Maybe the Town Board might take Roger ' s idea with the asterisk . J . McNeil : But then you have to rewrite qualifications for each thing . D . Payne : Under Special Permits these would have to be changed . Some discussion was held on this by R . Gleason , D . Payne and others . C . Twigg : But that shouldn ' t be any problem . J . McNeil : Probably wouldn ' t be . R . Gleason ; But I don ' t know - - we could say they could be permitted in the A area simply meeting the same requirements they meet in the M area . Special Permit in A area providing meet same requirements required in the M area . G . Totman : You were talking about like eating and drinking establishments . R . Gleason : Yes , I think the same provisions could apply . Gti Totman0 Only for asterisk so would have to have special permit . 0 . K . I think these are things we should be looking at then for our meeting on the 20th and with Ben there he could tell us if they are legal or not and simple enough to incorporate them but his feeling was if you pass this along with minor suggested changes then he could have a public hearing so it could be passed in May . C . Twigg : If we wait until we get all the changes we ' re going to make some of these people that have been waiting 12 years wait another 6 months . G . Totman : You can spend a whole night on one thing and if you go through all this could meet one night a week for the next several months be- fore- m - T . Robinson : Oh , yes , but what they were talking about was it ' s kind of foolish to have one change and then have a hearing and then another one and another hearing . C . Twigg : What other subjects are coming up that need changing besides the one that we have drawn up here ? Is there something else that is urgent ? T . Robinson : The only thing that was discussed the other night was the wood . C . Twigg : I think we have that covered . R . Gleason : I can tell you something that will be coming up eventually that will be a problem - - the Fall Creek Water Shed . D . Payne : But that doesn ' t involve the zoning ordinance right now . R . Gleason : Oh , yes it does because it proposes that the Town enforce it because they have zoning power . D . Payne : But it ' s completely separate from what we have right now . I think Cecil was talking about any other situation like Bush ' s . T . Robinson : Nothing that ' s hanging fire but what we ' re saying is kind of review 10 - T . Robinson ; and see if there ' s anything - - like a few years ago wood wasn ' t a problem . G . Totma.n ; Basically what we ' re looking at right now is anything we can do that can go along with this if we can think of something that Ben can put special asterisk - - fine - - but will have to work on this bit by bit throughout the summer and next fall- -whatever time it takes - - we have to go through this thing and bring it up to date . C . Twigg ; What did they consider too often ? Say had a public hearing to change the ordinance once a year? That wouldn ' t be too often , would it ? T . Robinson ; Oh , no but what I ' m talking about is if you have one every couple of months would be easier to have it all at once . C . Twigg ; But if we take care of the problem we have now and maybe next spring we come up with changes would be easier to pass . People interested in this particular subject probably won ' t be too many but if you change a lot of things all at once might get a lot of static . R . Gleason ; Maybe to get around it - - have these items shown with two asterisks and have them meet the requirements of M zone and then you wouldn ' t have to go through - - G . Totman ; Make a note of that and go over that with Ben . I ' ll be here the 20th . C . Twigge What page is it on , - - the requirements for the different zones ? R . Gleason ; It ' s all here in the last few pages . It ' s under Definitions here someplace . D . Payne ; Mr . Chairman , I would like to make a recommendation that the proposed change in the motorized vehicle repair sales and special permit remain as presented and that we change item 601 , 31 , 33 , 36 , and 38 and they be permitted in the agricultural zone and identified with two asterisks as Roger recommended . R . Gleason ; What about 39 and - - J . McNeil ; How about 32 . D . Payne ; Here we go ! G . Totmari ; You can ruin the whole ordinance , - - I tell you Ben will throw that right out . R . Gleason ; Just simply put an A in there and be done with it . J . McNeil ; If these are with a special permit anyways it shouldn ' t make any difference . D . Payne ; The only reason I say two asterisks is so can cover all the requirements . C . Twigg ; We didn ' t find where medium intensity requirements were , did we ? R . Gleason ; Only to off street parking , - -wait a minute there must be - - - - - 11 - C . Twigg : There has to be a definition there somewhere . J . McNeil : George , may I put it in the form of a motion ? G . Totman : Are you going to word it if it ' s legal in the Town Attorney ' s opinion ? Some discussion was held on this by all . J . McNeil ; I make a motion that our 601 . 47 Motorized Vehicle Repair & Sales Under Special Permit after A be accepted as presented . R . Gleason : I second the motion . Motion was carried unanimously . G . Totman : I ' ll talk to Ben about your thoughts on the two asterisks and maybe he can come up with something . C . Twigg : I do believe that number one should be brought to Ben ' s attention . (Mrs . Robinson left the meeting at this point . ) G . Totman : We have one more item of business - m by law we have to elect a chairman for the Planning Board , and through our own doings we always select a Vice- Chairman and corresponding secretary and this is our April meeting and each year this is part of the business at April meetings . So we ' re open for election nominations for chairman of the Town Planning Board . The election was held and Roger Gleason was elected Chairman . George Totman was selected as Vice- Chairman . J . McNeil : What does a corresponding secretary do ? G . Totman ; In the past we had one when drafting ordinance and writing letters . There was more need for it then than there is now . Lately all we need one for is to remind the rest of the members of the meeting , call them by phone or send them cards and if we need a letter sent that person sends the letter . I think anyone that takes it should be someone that comes to most of the meetings . C . Twigg ; Isn ' t Mary coming ? G . Totman : Roger was supposed to contact her for tonight but couldn ' t get ahold of her . So you can either elect a secretary or Roger can appoint one . C . Twigg : Why not leave it up to Roger then ? J . McNeil : I would think that Lyle would be a good one . G . Totman : Mary Adams was and she has envelopes and stuff to write letters if need be . R . Gleason ; Do you have a bunch of materials particularly for the Chairman ? 12 - G . Totman : No , everything we have is right in there in the filing cabinet . R . Gleason : 0 . K . D . Payne : I would recommend that no more projects be taken on , on a one meeting basis like this . You can ' t do it . G . Totman : I realize that . You don ' t take them on in the first place , you go by what they ask you to . do . They asked us to look it over and make recommendations or suggestions at the April 20th meeting . There ' s no way in the world you can do it . But if don ' t agree to come back with some ideas could go on all summer but the reason for meeting on the 20th is to pass on whatever is there that night and set up a public hearing . C . Twigg : Now you have enough information so you can talk to the Town Attorney intelligently about what the Planning Board is doing so that you can convey to the Town Attorney the desires of the Planning Board , G . Totman : The majority opinion of the Planning Board is to put two asterisks after those 31- 39 . C . Twigg : And change that 37 and put in new 47 . G . Totman ; So that ' s what I ' ll tell him so he can study it through . C . Twigg : And then would we be required to have a meeting ahead of the Town Board meeting to draw up an amended one or can he do it all and have it ready for the Town Board to act on on April 20th ? R . Gleason : I think if it ' s practical to do it that way the attorney can say it is and he can write it and if not will start all over , - - they have one item they can pass on . G . Totman ; I ' ll try and phone him tomorrow so he ' ll have time to work on it . J . McNeil made the motion that the meeting be adjourned which was seconded by D . 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