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HomeMy WebLinkAboutZBA Minutes 1975-09-03 2`P�41`/uh �' 3� I �l� � �?errw� TOWN OF ITHACA ZONING BOARD OF APPEALS SEPTEMBER 31 1975 ADJOURNED MEETING An adjourned Meeting of the Town of Ithaca Zoning Board of Appeals was held in the Town of Ithaca Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , New York , on Wednesday , September 3 , 1975 , at 7 : 30 p . m . PRESENT : Vice-Chairman Jack Hewett , Laurene Ripley , Edward King , Edward Austen , Lawrence Fabbroni ( Building Inspector ) , Reynolds Metz ( Assistant Building Inspector ) . ALSO PRESENT : Mrs . Catherine Kellogg , Ruth A . Miller , Bruce Haynes , Robert M . Kellogg . Sr . , Jane E . Hardy , Elnora H . Mead , Charles P . Mead , Robert M . Kellogg Jr . , Carmen Kerwin , Jean S . Metz , Helene Backner , Rose Lafian , Francis Russell , Mary Russell , Milton Barnett , Helen Barnett , Ray Knuutila , August A . Knuutila , Janice Pack , John VanEpps , George VanEpps , Ruth Royce , H . Richard Wait , Janet E . Rogers , Boyd Pack , Marguerite J . Pack , Thomas M . Shea , Bill Mobbs , Emmett Bergman , Ruth Rice McMillan , Elsie McM . Peterson , Edward J . Peterson , A . W . Blackler , Patricia Bergman , Mary Bergman , Emmett Bergman Jr . , Alan Goodman ( Ithaca Journal ) . The adjourned Meeting was called to order by the Vice - Chairman at 7 : 50 p . m . 4 APPEALS OF KARL BUTLER ( PARCEL NO , 6 - 33 - 1 - 24 . 2 ) , 270 ENFIELD FALLS RD . , AND MRS , WM , D . McMILLAN ET AL ( PARCEL NO . 6 - 33 - 1 - 7 . 2 ) , 260 ENFIELD FALLS RD . , FROM THE DECISION OF THE BUILDING INSPECTOR DENY - ING A PERMIT TO EXCAVATE. GRAVEL FROM AND RESTORE THE LANDS IN ITHACA , NEW YORK . PERMISSION IS DENIED BY THE BUILDING INSPECTOR UNDER ARTICLE XIII , SECTION 70 , Vice - Chairman Hewett declared the adjourned Public Hearing in the above - noted matter duly opened at 7 :' S1 p . m . Mr . Fabbroni stated that this adjourned meeting had been scheduled for September 10 , 1975 , as noted in the Minutes of the Public Hearing held on August 27 , 1975 , on this matter . Mr . Fabbroni stated that he had asked the Board to meet a week earlier than set up in the previous meeting because he felt that it was most fair to both sides - residents and Warren Brothers Company - - to get back as soon as possible . Mr . Fabbroni noted that he had personally delivered notices of the change in the date of the adjourned meeting to all the neighbors and interested parties . Mr . Fabbroni presented to the Board members six pictures that had been taken by Mr . Metz of the site on September 2 , 1975 . Mr . Fabbroni said that as a result of the last meeting he put together a series of questions that summarize the points brought up by the residents and by the Board themselves . He read the 13 conditions to be met as follows : Zoning Board of Appeals - 2 - September 3 , 1975 1 . Before and After Plan and Contours of Area . ® 2 . Type of Gravel and Other Soil Types to be Excavated or Regraded . . 3 . Amount of Gravel to be removed from Site . 4 . Time Limit : when will excavation start ; when will it end . '5 . . What will be the operating hours during the day . 6 . What in detail will be the processing method and machinery . 7 . What provisions will be made for stream protection . 8 . State Permit for Gravel Mining must be presented . 9 . Restoration of site should proceed concurrently with gravel extraction and stated as a condition of permit . 10 . Owner should stipulate that after the present permit expires this site will never be used for gravel extraction again . 114 . It should be stated and understood that the contractor is only to extract and process material from the site in question for sole use on the present upgrading project of SR327 from SR13 to SR79 and for no ther project whatsoever . 12 . What type of revegetation , reforestation , etc . , might be done as part of restoring this site , by whom , and according to what time - table . Will processing of excavated material leave soil totally unsuitable for growth of ground cover ? ' Could a very inexpensive ground cover be sown at the time of restoring by regrading ? 13 . A Performance Bond should be required or some fair substitute . Mr . Jack Zasada of Warren Brothers Company in Syracuse and Mr . Jack Nichols of the same company were present and also Mr . Bill Mobbs , acting as Mr . Butler ' s liaison person . The above - listed items were discussed in detail . ® 1 . Mr . Fabbroni noted that the map was presented at the last meeting . but one item that needs to be shown is what the final grading for the excavation area would be . Mr . 0Zasada said that the left side would be 1 : 3 to 1 : 4 and the right side to McMillan would be 1 : 2 . Mr . Zasada stated that they are only going to take out 20 , 000 cu . yds . and that they have done testing that think that they can get it out of a very small area . In less than an acre they should - ' _ get - every bit of material out of there and that is the only area - ::. they are going to touch with the exception of reclaiming the rest of the land in question . Mr . King asked Mr . Zasada to explain what he meant by " reclaim- ing " the land . Mr . Zasada stated that it is useless land and almost vertical . Their company will take out the mounds , work the slopes , bring material down , and in general work the material around to make a constant slope . He said that they possibly would wait until after this fall ' s and next spring ' s rains to do this . Mr_ . King asked over what period would they take out this 20 , 000 cu . yds . ' of. gravel . Mr . Zasada said that they would like to process the material by the end of fall , restore the area from which it is taken out and do the rest in the spring . Mr . King asked if by restoration do they really mean stabilization . Mr . Zasada said that there will no longer be erodable slopes except of course in extreme conditions . 2 . Run of bank gravel which is relatively clean will be removed . Mr . King asked what it is going to be used for . Mr_ . Zasada said that it will be for stabilized _gravel shoulder. , pipe back fill and 2 , 000 cu . yds . for stabilized gravel on the shoulder . Mr . King asked what they have to do to this material to use it . Mr . Zasada said that . they either have to screen it or crush it . Mr . King asked if they Zoning Board of Appeals - 3 - September 3 , 1975 have to wash it and Mr . Zasada said that they did not . Mr . Fabbroni asked to what extent will this process create dust . Mr . Zasada stated that not much dust will be created because the material Is not like lime . Mr . King asked if the crushing would not produce dust . Mr . Zasada said that it really would not because of the screen . He noted that 100 of the material is large stone so there would not be much dust and further it is' rather moist material . 3 . 20 , 000 cu . yds . will be removed . Mr . King asked what would happen to the excavated material that is too large to use . Mr . Zasada said that there is some use for it on the project and also for slope protection and area build up . 4 . Time limit : Mr . Zasada said that they would begin relatively soon and go until ' December 1976 . The operating hours would be from 7 : 00 a . m . to 5 : 00 p . m . in good conditions , meaning good dry weather . Mr . Hewett pointed out that there had been some concern stated about the school busses . Mr . Zasada said that at this time all the traffic would be internal except for one time when the equipment is brought in . They will process material and store it on the site . They would operate 5 days a week . 7 . Mr . Fabbroni asked what protection there would be for Steep Hollow Creek from run-off and sedimentation . Mr . Zasada mentioned a berm and/or a sluice way . Straw bales may be used and perhaps a screen . A ditch may have to be dug to the road along Route 327 . He noted that . on Mrs . McMillan ' s property there is a depressed area where they plan to process the % material . The water from the area to be excavated and the processing area above -mentioned would be directed to the berm and dam described above . The water from the reclaimed area will be directed to the roadside ditch area to a ' pre - existing culvert under Enfield Falls Road , 8 . Mr . Fabbroni asked what is the status of the State Permit for gravel mining . Mr . Zasada stated that they have presented the first two pages of the application to the State and Mr . Mobbs has the reply to that . Mr . Hewett stated that the $ 100 . 00 fee has been sent to the Dept . of Environmental Conservation , Mr . Hewett read the letter to Mr . Mobbs , dated August 22 , 1975 , from John J . Dragonetti , Chief , Bureau of Minerals , N . Y. . S . D . E . C , 9 . Mr . Fabbroni asked what the timetable is for . the restoration of the site . Mr . Zasada stated that they will be restoring the area that they are working immediately as they are working it . They will be pushing material down . The rest of the area from which they are not going to extricate material will wait until after the ® spring rains . 10 . Referring to the continuance of the operation , Mr . Mobbs stated that it is Mr . Butler ' s intent not to use this site as a gravel operation again . Mr . Mobbs stated that he did not see how , as the question reads , it could be guaranteed that the site would NEVER Zoning Board of Appeals - 4 - September 3 , 1975 be used as a gravel pit again for eternity . Mr . Austen asked if it would be feasible to open it up again . after it is reclaimed . Mr . Mobbs . said that it would be very difficult and probably economically prohibitive to use the site again . Mr . King asked about the over burden and Mr . Zasada said that that would be soil and clay . Mr . King asked if the other documents have been submitted to the State . Mr . Zasada stated that they have not because they wanted to see if they would receive a permit from the Town to do this . Mr . Fabbroni noted that one of the requirements of Mined Land Reclamation Law is a form from the local municipality also . Mr . Fabbroni also noted that if the Board decides to pass on this request they could put on conditions to any approval . It is essentially a round robin - the State cannot approve until the municipality does and the municipality may not wish to approve until the State does . 11 . Agreed . 12 . Mr . Fabbroni asked what the applicant and/or Warren Brothers propose to use for the restoration material on the slopes and what does either of them envision as the end product with regard to growth on the slopes . Mr . Mobbs stated that this was not provided for in the original agreement between Butler and Warren Brothers . He noted that there are about six acres involved - - 3 for Butler and 3 for McMillan . Mr . Mobbs stated that he did not know what would be suitable to the two parties . At this point this question has not been resolved . Originally it was felt that the flattening of the slopes would provide a place for growth naturally . Mrs . Ripley wondered if they were going to leave it just as it is graded . Mr . Mobbs said that that has not been worked out with either party yet . Mr . King asked if the Board has a copy of the agreement and Mr . Mobbs presented the Appendix to the legalistic agreement as attached to the Appeal form . " Appendix A The party of the first part agrees to the following : 1 . Clean up and reclamation work will be completed by December 15 , 1976 , to the satisfaction of William Mobbs , owners representative . 2 . Material will be processed from only the existing pit area . 3 . Warren Brothers ' Company will accomplish the reclamation work as per agreement , regardless of quantity of material processed . 4 . The party of the first part will use -the processed material in the following New York State Department of Transportation ' Items , 15304 . 0104 , and 15302 . 01 . 5 . The party of the first part will hold harmless the party of the second part situations arising out of the party of the first parts operations during the time period from start of material processing to completion of reclamation . Mrs . Peterson stated that thev have talked with Warren Brothers and Mr . Mobbs . They ( Mobbs and Warren Bros . ) have suggested an agreement that would be suitable for them and for Mrs . Peterson and some of the family . Mrs . Peterson said that she has since then talked with their lawyer who has suggested some modifications that might be wise . She said that she cannot say right now that they are ready to sign the agreement . The whole family must sign for this to be binding . A Zoning Board . of Appeals - 5 - September 3 , 1975 If all of the restrictions that safeguard the land and avoid the ® runoff that would be a problem for the neighbors and there are absolute assurances that this is a one time thing , Mrs .' Peterson thought that they/ will all sign it . She said that if the neighbors are satisfied then they would be too . 13 . Mr . Fabbroni said that he can speak to his conversation with the State Engineer in Syracuse . The contractor has bonds for this contract . The performance bond is for the full amount of the contract which is 1 . 5 million dollars . As part of this also , the contractor would be required to submit to the State Engineer a plan for regrading and just how he is going to leave the property . . That ties in directly to that bond . A copy of this agreement should be for - warded to their office in Syracuse and that agreement made a part of the performance requirements of the job with the understanding that a letter of acceptance from the Town would have to be delivered to the State to retire that bond . Mr . Zasada noted that the Field Engineer has stated and it is also noted under Bid Item # 901 of the project that if any particular condition is not satisfied there is no . payment for that part . The owner says how he wants his property left . Mr . Zasada referred briefly to the borrow area . Mr . King asked if the D . E . C . requires a separate bond for the borrow area . Mr . . Zasada stated that they do . Mr . Fabbroni commented with regard to the mining and reclamation act , that it seems to be held in a lot higher esteem than it should be claimed . They are understaffed in administering this law . They can just identify the areas being mined . The best assurance : . is still the local D . E . C . and the Soil ® and Conservation Service , Mr . Mobbs pointed out that if the local municipality imposes more strict rules than the State , the State rules do not supersede the local municipality ' s . Mr . Zasada noted that according to this law , they only have to reclaim the area that they disburb , but they have agreed with Mr . Butler to reclaim the whole area . Mr . Charles Mead spoke against the approval of a permit for gravel extraction . He referred to Item # 6 - - processing method and machinery - - and the 10a large stone to which Mr . Zasada referred in connection with possible use of a crusher . Mr . Mead read Article X , Section 47 of the Zoning Ordinance wherein the use of a stone crusher is only permitted by special approval 'of the Zoning Board of Appeals . Mr . Mead stated further that he did not want a precedent set by approval of this request . He said that restoration should be done by the private owners . He stated emphatically that there is other gravel available in the Town and nearby . Referring to Item # 8 - the D . E . C . permit . He asked if the Board has thought about how long this process would take . He said that he thought that work could not be done until a permit from the D . E . C . is in hand . Mr . Zasada said that that was not the case . Mr . _ Mead pointed out that as far as restoration is concerned the weeds , the poplars and time have restored the land about 60o anyway . Mr . Ernest Hardy stated that he went to the tax office and checked into the assessments in the area . He said that the land in question is assessed very low - - $ 3 , 300 . 00 . He noted that it is not assessed as a gravel pit . Its value is about $ 8 , 000 . 00 . In addi - Zoning Board of Appeals - 6 - September 3 , 1975 tion , Mr . Hardy stated that he was informed by the assessor that if this pit operation goes in , the residences in the area would have their assessment reduced by loo to 250 . Mr . Hardy figured that this would mean a reduction in Town of Ithaca tax revenues of around $ 1 , 300 . 00 a year . The Town would lose all this for one person . Mr . Tony Blackler stated that he respected Mr . Zasada and his concern for the environment and what he wants to do . However , he felt that this type of operation is a direct violation of the concept of the zoning ordinance for the Town of Ithaca . He cited the blighting of the area by such places as Beaujolais restaurant , Millbrook Bread , Salino Electric , etc . , and now this proposal would strip away the sound screen of trees that protects his home from such eyesores all for what the County considers " upgrading " Enfield Falls Road . He would prefer a dirt road . He does not want those trucks going up and down that hill tearing dirt and gravel out of . the land . He further resents the upgrading of Rte . 327 in the first place . Mr . Blackler comments were followed by applause from the citizens present . Mrs . Catherine Kellogg pointed out that the proposed gravel extraction operation is right between the two entrances to Robert Treman State Park . The government says that they want to keep the natural state of the road and the entrances , so she cannot see how a gravel pit would add to the beauty . She also said see how it could be more costly to open up this gravel pit again some day if it were closed down after the upgrading of Rte . 327 than it would be in other places where pits are first opened . It was Mrs . I:ellogg ' s opinion that another owner would open it up again . Mr . Mead now stated that the petitioners still oppose the gravel pit and added that they now find that they are going to have a pro - cessing plant there also . He felt that there should be a separate permit for that alone . He said that it is improper to include that in a request for extraction . He stated that the people feel that it would be inappropriate to allow this operation without full approval from the Department of Environmental conservation . These should run concurrently . He further noted that nothing has been brought out to satisfy the question in the original petition . There would be a precedence set here . Past experience should be considered . When Lynch was excavating there certain conditions were set up and none observed or enforced . They object firmly to any change from the existing permitted uses . He pointed out that another pit could be opened up 100 yards to the west . He stated that they do not see any compelling reason either public or private for the granting of the applied for variance . He cited the decreased value of lands adjacent to and near the pit . He felt that a professional opinion would bear this out . He said that the people are thinking of the steadfastness of the zoning laws and hope that they mean something . Any variance issued again in that area would not contribute to their welfare and well - being . He said that they will continue on to the next level of review because that is their right . He concluded by saying that they are very much opposed to a zoning variance in this matter . Zoning Board of Appeals - 7 - September 3 , 1975 ® Mr . Mobbs stated that he would like to speak not as a representative of Mr . Butler but as a neighbor in the area . He stated that he is the one most affected by the gravel pit since it is right next to his home . He has been there four years now . That gravel bank is a problem for him and his .family . It is a lovers ' lane . It is hidden from the road . Under this plan it would be opened up and not usable for this purpose . His children play there and he has built a berm to keep them from falling down a 20 ' bank and into the pit . It is used for target shooting . He himself has been hit by bird shot . His neighbor has had barn windows shot out by shots . It was his opinion that the problem is the past errors and he thought that something can be done to rectify these errors . It is a wasteland . The Zoning Board hears appeals for those situations where discretion in administration of the zoning ordinance would work to the betterment of the community . Mr . Mobbs felt that with improvement of the area his property taxes would go up . The proposal to reclaim the area appears to Mr . Mobbs not - to be a detri - ment but a rectification of the past errors . Mr . Mead pointed out that Mr . Mobbs bought his property after the pit was there . He stated again that any particular restoration could be done by private parties without the profit involved in selling 20 , 000 cu . yds . of. gravel . He stated that the citizens are now being asked to subsidize a restoration program and receive one year of turmoil and loss of taxes . ® Mr . Hardy said that they had to raise their children with r� those trucks there and the pit there . He stated that the residents dread the idea of another gravel pit operation in that area . Mr . King asked how recently the property in question was used as a gravel pit . Mr . Fabbroni stated that it was from 1965 to 1969 under Lynch Excavating Co . Mrs . Jane Hardy pointed out that the question of noise volume has not been made clear . She stated that she lived there when the other pit was in operation with the exception of the crusher . The noise could be heard from the pit to the lower Park entrance . She noted that the residents have learned to accept the trucks because Enfield Falls Road is a State road . She stated that she opposed unalterably any opening of this gravel bank . Mr . Haynes of Enfield Falls Road stated that he was in sympathy with Mr . Mobbs and the fact that he does have to live with the previous mistakes of the past , but - - that was under the permit of the Zoning Board of Appeals granted in 1965 . Mr . Haynes stated that he opposed firmly this request . Mr . King asked if there were anyone present in favor of this proposal . Mr . Mobbs stated that he was . All of the other people present , with the exception of the press , were opposed . . Mr . Hewett asked if there were any further questions . Mr . King asked Mr . Zasada if they do not use this property for a borrow pit , where would they get their material from ? Mr . Zasada said that they simply do not know . Mr . King asked if they knew of any other sites available . Mr . Zasada said that they have not looked into this question . Zoning Board of Appeals - 8 - September 3 , 1975 Mr . Mobbs noted that the reference has been made that this proposal is no different from any other operation that has gone on there before . Mr . Mobbs maintained that it is vastly different . He pointed out that there is a limit set on the completion of the highway thereby necessitating an end to the extraction . He stated again that it is different from any other operation that is going on in the County . Mr . King noted that no variance or re - zoning is mentioned by the statute ( zoning ordinance ) . This is an application for a special permit which would be a one - time , limited use , permit . This Board is given the responsibility of deciding whether a certain amount of gravel can be taken from this area and if so under what conditions . It really is not a request to open it to continuous usage as a gravel pit . Mr . King stated that he made this statement merely as a clarification and not as an indication of how he feels about this proposal . Mr . Mead commented that this is a non - conforming use . There was no comment from the Board . Mrs . Kellogg stated that there is gravel available just up Route 13 in Newfield at Landstrom ' s and also in West Danby , The Vice -Chairman asked again if there were any further questions from the floor or from the Board . There being none , the _ Vice -Chairman declared the Public Hearing in the Butler Appeal adjourned at 9 : 00 p . m . and the Board retired into Executive Session , At 9 : 20 p . m . Vice - Chairman Hewett declared the Public Hearing on the matter of a permit for gravel extraction on property owned by Karl Butler duly in session . Vice - Chairman Hewett stated that the Board met in Executive Session and discussed the pros and cons of the request and following a 20 -minute discussion took a vote . It was the vote of the Zoning Board of Appeals with four affirmatives and no negatives that the requested permit be denied , it being the consensus of the Board that there exist other means for rehabilitating this land and that the proposed operation would be a definite detriment to the residential neighborhood and that there are other nearby sources of gravel . The Public Hearing was closed at 9 : 25 p . m Respectfully submitted Nancy M . Fuller , Secretary . Jcyck Hewett , Vice - Chairman Z nFof g Board of Appeals T I ITHACA l K . TOWN OF ITHACA mo / 07G E. sepme4 Ste ITHACA, NEW YORK 14850 September 3 , 1975 Mr . Gordon Behn Assistant Hydraulic Engineer Department of Environmental Conservation Box 1169 Cortland , New York 13045 Re : Gravel Extraction Enfield Falls Road Dear Gordon : In conjunction with the New York State Department of Transportation upgrading of SR327 ( Enfield Falls Road ) from SR13 to SR79 , which consists of minor pavement and shoulder widening and isolated culvert replacement , the Warren Brothers Co . would like to excavate approximately 20 , 000 cu . yds . of gravel from the site shown on the enclosed drawings . The pit was mined from about 1965 to 1970 when the operation went bankrupt leaving . the site unrestored and in a sorry mess for the neighborhood . .The present proposal is to mine the required gravel from the shaded existing area of the pit , to restore that area to a 1 : 4 to 1 : 5 slope and to restore existing steep slopes ( too steep for vegetation to take and with continuing erosion around the 'rim ) to the grades 1 : 3 , 1 : 4 , and 1 : 2 as shown on the enclosed drawing , such that vegetation , wild or planted , would be able to take . With the scars of the past the neighborhood is very concerned about the solvency of the current operation and /the end of gravel mining once restoration is accomplished ; a matter up to the Town to insure through bonding or . some other legisla- tive action . Of great concern as well is the protection of the Steep Hollow Creek . There are two swales that were carved out in the previous mining operation . Much of the site runoff would follow the northernmost swale . It would also be in this area where screening , processing , and stock piling of materials would occur which , when combined with reopening the pit , makes erosion and stream sedimentation a concern . The contractor has proposed to build a dike or berm to provide a holding and settling area for rapid runoff of intense rainfall . He proposes a channel outlet through the dike across which would be constructed a y Mr . Gordon Behn - 2 - September 3 , 1975 wire fence with a dam of hay acting as a filter . It appears this would be an adequate settling area and filter for sedimentation and filtration and that with the distance of the dike to the stream the water would be traveling the same , if not slower , than it does now when it reaches the stream some distance away . The Town would like an opinion from your department of the sufficiency of the above proposal as well as any addi - tional comments that you may have in regard to erosion and stream protection . Sincerely yours /)Vag) Lawrence P . Fabbroni , P . E . Town Engineer LPF /nf enclosures . ; New York State Department of Environmental Conservation . 50 Wolf Road, Albany, New York iM 12233 Btu%eau of Minerals Ogden Fuld elephone ( 518 ) 457-7480 Commissioner AugiLst 22 , 1975 Mr . William Mobbs , Eng . 272 Enfield Falls Road 793 - 30 - 112 Ithaca , *NY 14850 Dear S. This letter ac}�oviledges receipt of your application and perr►i.t fee in the amount of $ 10 Your submittal satisfies the minimum requirements for an accept le application for a permit to mine and constitutes oo m- pliance with the application requirements of 'the New York State Mined Land Reclamation Law . ' In addition to the application , you should submit the following items for approval as soon as they can - be properly prepared . Notification Form # 85-12-2 ; Adjacent Nmers Notification ( section 10 of the instructions ); 11inirag Plan Form X85-15- 2 and map ; Reclamation Plan Form # 85-15- 3 and map . ( If you have already submitted these items please disregard this directives ) Upon receipt of these above items you will be notified of the correct bond amount for your operations . - After review and approval of the submitted documents and reclamation bond , or acceptable substitute , the Department will issue a . permit to mine . Should you submit an incorrect or incomplete application , you will be informed of the dis- approval of your application and the reasons . for such disapproval . All operations may continue to function beyond the effective date of the law (April 1 , 1975 ) , unless othert•rise directed _ by the bepar•tment . Sincerely lJ John J . Dragonettl Chief Bureau of Minerals JJD/ lcc - -- - -- - --- r .400 � iI�j / F i � ' �• ��,c� --�� -�•- 3 � � 70-cam, 20,0 � � - -- - - - - - s � Coe rk,8, Moe 1 , VV 4t, I �, � W •< ,' _ �/ . �f► �;. r � �1 �c` Lal feats i rmp} or .r jr 4e. i