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38-050 (41) Planning Board - Decision City of Northampton Hearing No.: PLN-2003-0094 Date: August 14, 2003 Amendment to Permit 61912003 Applicant's Name: Owner's Name: Surveyor's Name: NAME: COMPANY NAME HOSPITAL HILL DEVELOPMENT LLC HOSPITAL HILL DEVELOPMENT LLC ADDRESS. ADDRESS: ADDRESS: c/o MassDevelopment c/o MassDevelopment 1441 Main Street 1441 Main Street TOWN, STATE. ZIP CODE. -(WN: STATE. ZIP CODE TOWN STATE: ZIP CODE. SPRINGFIELD MA 01103 SPRINGFIELD MA 01103 PHONE 110. FAX NO °HCNE NO AX NO.: PHONE NO =Ax N 0.. (413) 737-02070 (413) 737-0207 EMAIL ADDRESS: EMAIL ADDRESS. EMAIL ADCRESS, Site Information: STREET NO.. SITE ZONING. EARLE ST PV TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section-!- %-Planned Village Special Permit Criteria 10. 15 MAP: BLOCK: I LOT: MAP DA7E: ACTION TAKEN: 38 050 001 Approved With Conditions Back: Page: 0350 1481 NATURE OF PRCPOS=_D',VORK. Revision of Design Guidelines-Affecting parcels 38A-50,38A-58, 38A-86&87, 31C-17 HARDSHIP: CONDITION OF APPROVAL. 1. Prior to issuance of a building permit, the applicant must file revised Design Guidelines for the Village at Hospital Hill with text changes as follows: a) Insert on page nine as new paragraph#2 under'Building Continuity'section. 'All new buildings fronting on Route 66 and on the north-south road that extends from the top of hill over 91 Grove to the first street intersection north of Route 66 shall be two stories or higher along the street. The buildings may then step down to one story in the rear of the building. One story buildings elsewhere on the south campus may be appropriate.' b) On page ten the first sentence of the third bullet should read: "Curb cuts shall be minimized." Add to the end of the second sentence "and south campus,except as necessary to provide access to historical buildings. (This does not preclude creation of mountable curbs for fire fighting access.)" E C) On page 17, delete "In general"from first paragraph under the "Utilities"section. Delete second and third sentences. d) Insert on page eight as first bullet under Main Street: "All buildings shown as retail and mixed use En on the Illustrative Site Plan that are within 250'from the centerline of the Route 66 and "Ridge Road" 46 intersection shall have at least 75%of the first floor area retail,personal service or other high foot Q traffic commercial uses that are open and used by the general public OR the building plans shall show that the buildings are clearly designed to be easily converted to retail at a later date, including exterior storefronts,pubic entrances,large undivided internal spaces and other techniques. In addition, the immediate use shall be designed without curtains or blinds to make the use visible(and interesting)to 0 pedestrians passing by the building. e) On page 17, add"or less"at the end of the line that discusses street tree planting requirements. 0 References to zoning relief shall be removed from page 3. g) Language in the overall vision for the development of the project on page 9, 4th bullet shall include: "Continuous building structures shall be provided when possible with a goal of creating a near continuous wall similar the 'Typical Village Character'graphic and the 'Typical Street Facing GeoTMSO 2003 Des Lauriers Municipal Solutions, Inc. Planning Board - Decision City of Northampton Hearing No.: PLN-2003-0094 Date August t-1, 2003 Facades"graphic in the Site Design Standards section. Where breaks are necessary for service, pedestrian walkways, plazas, or between buildings, the design must ensure that this continuity is not lost. h) Delete site yard setback discussion on page 11. i) Page 1l garage setbacks should also reference criteria on page 15 for garages. j) Replace last sentence under first paragraph under commercial on Page. 11 with: "Commercial buildings should be built up to the edge of the road right-of-way, except to accommodate a high quality publicly accessible plaza or pocket park, as shown on page 23, street frontages and plaza". k) Page 12, 2nd paragraph under `Pedestrian Circulation":strike second sentence and replace with "bituminous concrete is not allowed". 1) Replace 4th paragraph under "Pedestrian Circulation"on Page 12 to state: "Trails and/or pathways intended for bicycle use shall be a minimum of 10 feet wide except when grade or other factors make 10 feet very difficult, in which case they shall be a minimum of 8 feet wide.' m) Replace 2nd paragraph, Page 16 with: "Only temporary Certificates Occupancy will be issued until required landscaping work is done, unless performance guarantees are posted.' n) Insert the following sentence at the end of the fourth paragraph on page 22: "All building designs must include details on all of the following items to demonstrate to the Planning Board's satisfaction that the design is compatible with the principles of the planned village." o) References to "dryvit"(as brand name)and on page 24 and 28 shall be deleted. p) On page 13, under"Parking Areas",replace "should"with "shall", delete "Generally". q) On page 13 change the last sentence of the last paragraph to read: "Landscaped Street Frontage shall also include trees generally spaced not more than 30 feet on center." r) Page 19, first paragraph, add text at the end of the first sentence "and should include trash receptacles where appropriate". s) Page 24, last paragraph shrubbery of minimum height of 5'at planting and 10'at maturity. t) Page 15 under landscaping "existing trees should be preserved to the extent feasible". 2. Prior to issuance of a building permit, the applicant must file final irrevocable covenants including language as follows: Site plan approvals are required for special permits in accordance with§11.2(4). Concurrent with Site Plan Approval before the Northampton Planning Board, all projects must show designs that the Planning Board finds concur with the final approved Design Guidelines for the Village at Hospital Hill (Guidelines). The Planning Board may grant waivers from these Guidelines when they find that such waivers will enhance the vitality, vibrancy, and economic success of the Village. In GRANTING the amendment to the Special Permit, the Board found that the design guidelines, with conditions incorporated as identified herein, met the criteria for Planned Village within section 10.15 of the Zoning Ordinance. In making this finding, the Board did not find or approve the specific uses and locations of buildings that are shown in the "illustrative site plan". Specifically, the Board found that the design guidelines with associated conditions will ensure that the project serves as a pedestrian- scale mixed village, and not an automobile oriented collection of independent uses. This includes, but is not limited to, the following: A. Maintaining a village appearance and feel on existing gateway(s)to the Northampton by using buildings to frame the streetscape and avoiding holes in the urban streetscape fabric. B. Ensuring that housing and village uses are designed to maximize pedestrian circulation within the project and connecting to surrounding areas. C. Using building designs and design guidelines to create a compatible and attractive urban village. D. By using retail, institutional and other land uses to keep the urban village tightly focused and walkable, and maintain a focus on gateway(s)to Northampton and respect surrounding land uses. Landscaping, new buildings,parking, lighting, and other improvements in the Village at Hospital Hill will be designed and maintained to minimize the visual intrusion to the surrounding area and create a new compact and coherent village or campus center appearance. GeoTMS(�)2003 Des Lauriers Municipal Solutions, Inc. Planning Board - Decision City of Northampton Hearing No.: PLN-2003-0094 Date: August 13, 2003 The Planning Board further found the design guidelines will ensure that a minimal disturbance of existing ridge-lines and hilltops will occur and to the extent possible, the existing specimen trees and other desirable natural features will be preserved. C. The design guidelines will ensure that the appearance of proposed new buildings, renovations, and other improvements are designed for visual compatibility within the site and the surrounding area;and that the buildings along the gateway will be a minimum of two stories in height. COULD NOT DEROGA TE 3E--'.',USE FILING DEADLINE. MAILING DATE. '-EARING CONTINUE[)DATE. DECISION DRAFT 3Y'. APPEAL DA 6/5/2003 6/19/2003 7/24/2003 8/21/2003 REFERRALS IN DATE. HEARING DEADLINE DATE. -FARING CLOSE DATE. FINAL SIGNING BY: APPEAL DEADLINE: 6/12/2003 8/13/2003 7/24/2003 817/2003 9/3/2003 FIRST ADVERTISING DATE: HEARING DATE. `,CT!NG DATE. CECISION DATE. 6/1212003 6/26/2003 8/7/2003 8/14/2003 SECOND ADVERTISING DATE: HEARING TIME: VOTwG DEADLINE: DECISION DEADLINE: 6/19/2003 8:30 PM 11/11/2003 11/11/2003 ME:MBERSPRESENT. 'TOTE: Paul Voss votes to Grant Frandy Johnson votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Paul Diemand votes to Grant Kenneth Jodrie rotes to Grant MOTION MADE BY: ]SECONDED BY: VOTE COUNT: DECISION: Paul Diemand Paul Voss 6 Approved with Conditions MINUTES OF MEETING: Minutes are available in the Office of Planning&Development. 1, Carolyn Misch,as agent to the Planning Board, certify that this is a trine and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on I certify that a copy of this decision has been mailed to the Owner and Applicant 1 AUG 1 4 2003 1 Ci TY CLERr.S OFFICE NORiNA,1?T,3 ':A I'l1,r A true copy fi Attest: City Clerk GeoTMScD 2003 Des Lauriers Municipal Solutions, Inc. t - Planning Board - Decision City of Northampton Hearing Nb.: PLN-2003-0094 Date: February 19, 2004 APPLICATION TYPE: SUBMISSION DATE.- Amendment to Permit 6/9/2003 Applicant's Name: Owner's Name: Surveyor's Name: NAME: NAME: COMPANY NAME. HOSPITAL HILL DEVELOPMENT LLC HOSPITAL HILL DEVELOPMENT LLC ADDRESS: ADDRESS: ADDRESS: c/o MassDevelopment c/o MassDevelopment 1441 Main Street 1441 Main Street TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE. TOWN: STATE: ZIP CODE: SPRINGFIELD MA 01103 SPRINGFIELD MA 01103 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: (413) 737-0207 0 (413) 737-0207 0 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: STREET NO.: SITE ZONING: EARLEST Prince St (Rt. 66) PV TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section . Planned Village Special Permit Criteria MAP: BLOCK: I LOT: MAP DATE: ACTION TAKEN: 38 050 001 Approved With Conditions Book: Page: 0350 481 NATURE OF PROPOSED WORK: Revision of Design Guidelines-Affecting parcels 38A-50,38A-58,38A-86&87,31C-17 AMENDED PER SETTLEMENT AGREEMENT January 30, 2004 Land Court Civil Action#292406. HARDSHIP: CONDITION OF APPROVAL: 1) 1. Prior to issuance of a building permit the applicant must file revised Design Guidelines for the Village at Hospital Hill with text changes as follows: a) Insert on page nine as new paragraph#2 under"Building Continuity"section: "All new buildings fronting on Route 66 and the mixed use buildings fronting on the north-south road to the first street intersection north of Route 66 or north of the Haskell driveway, whichever is further,shall be two stories or higher along the street. All buildings on the south side of Route 66 on the corner of either the main north-south street or the corner of the park fronting Route 66 shall be two stories for a y ez T distance of 125 feet to the south. One story buildings elsewhere on the south campus may be appropriate. Continuous building facades along the south campus road are preferred and encouraged 4 0 where practicable." b) On page ten the first sentence of the third bullet should read: "Curb cuts shall be minimized." Add '04. to the end of the second sentence "and south campus, except as necessary to provide access to v..� 0 historical buildings. (This does not preclude creation of mountable curbs for fire fighting access.)" 1 c) On page 17, replace the first paragraph under the "Utility"section with a new paragraph that t provides: Utility services to proposed buildings(extensions/connections)shall be provided underground. Overhead electric and telephone services may be considered, however, in residential '40 areas within rear yard easements or in alleys abutting new subdivision streets with overhead utilites. O � �Q (� d) Insert on page eight as first bullet under Main Street: "All newly constructed buildings shown as retail and mixed use on the Illustrative Site Plan that are within 250'from the centerline of the Route 66 and "Ridge Road"intersection shall have at least 75%of the first floor area retail,personal service or other high foot traffic commercial uses that are open and used by the general public OR the building plans shall show that the buildings are clearly designed to be easily converted to retail at a later date,including exterior storefronts,public entrances, large undivided internal spaces and other techniques. In addition, the immediate use shall be designed without curtains or blinds to make the use visible(and interesting)to pedestrians passing by the building. e) On page 17, add"or less"at the end of the line that discusses street tree planting requirements. GeoTMS®2004 Des Lauriers Municipal Solutions, Inc. Planning Board - Decision City of Northampton Hearing No.: PLN-2003-0094 Date: February 19, 2004 0 References to zoning relief shall be removed from page 3. g) Language in the overall vision for the development of the project on page 9, 4th bullet shall include: "Continuous building structures shall be provided when possible with a goal of creating a near continuous wall similar the "Typical Village Character"graphic and the "Typical Street Facing Facades"graphic in the Site Design Standards section. Where breaks are necessary for service, pedestrian walkways,plazas, or between buildings, the design must ensure that this continuity is not lost. h) Delete site yard setback discussion on page 11. i) Page 11 garage setbacks should also reference criteria on page 15 for garages. j) Replace last sentence under first paragraph under commercial on Page. 11 with: "Commercial buildings should be built up to the edge of the road right-of-way, except to accommodate a high quality publicly accessible plaza or pocket park,as shown on page 23,street frontages and plaza". k) Page 12, 2nd paragraph under"Pedestrian Circulation":strike second sentence and replace with "bituminous concrete is not allowed". I) Replace 4th paragraph under"Pedestrian Circulation'on Page 12 to state: "Trails and/or pathways intended for bicycle use shall be a minimum of 10 feet wide except when grade or other factors make 10 feet very difficult in which case they shall be a minimum of 8 feet wide." m) Replace 2nd paragraph,Page 16 with: 'Only temporary Certificates Occupancy will be issued until required landscaping work is done, unless performance guarantees are posted.' n) Insert the following sentence at the end of the fourth paragraph on page 22: "All building designs must include details on all of the following items to demonstrate to the Planning Board's satisfaction that the design is compatible with the principles of the planned village." o) References to "dryvit'(as brand name)and on page 24 and 28 shall be deleted. p) On page 13, under"Parking Areas",replace "should"with "shall",delete "Generally". q) On page 13 change the last sentence of the last paragraph to read: "Landscaped Street Frontage shall also include trees generally spaced not more than 30 feet on center." r) Page 19, first paragraph,add text at the end of the first sentence "and should include trash receptacles where appropriate". s) Page 24,last paragraph shrubbery of minimum height of 5'at planting and 10'at maturity. t) Page 15 under landscaping "existing trees should be preserved to the extent feasible". 2. Prior to issuance of a building permit, the applicant must file final irrevocable covenants including language as follows: Site plan approvals are required for special permits in accordance with§11.2(4). Concurrent with Site Plan Approval before the Northampton Planning Board, all projects must show designs that the Planning Board rinds concur with the final approved Design Guidelines for the Village at Hospital Hill (Guidelines). The Planning Board may grant waivers from these Guidelines when they find that such waivers will enhance the vitality, vibrancy,and economic success of the Village. In GRANTING the amendment to the Special Permit, the Board found that the design guidelines, with conditions incorporated as identified herein, met the criteria for Planned Village within section 10.15 of the Zoning Ordinance. In making this finding, the Board did not find or approve the specific uses and locations of buildings that are shown in the "illustrative site plan". Specifically, the Board found that the design guidelines with associated conditions will ensure that the project serves as a pedestrian- scale mixed village, and not an automobile oriented collection of independent uses. This includes, but is not limited to, the following: A. Maintaining a village appearance and feel on existing gateway(s)to the Northampton by using buildings to frame the streetscape and avoiding holes in the urban streetscape fabric. B. Ensuring that housing and village uses are designed to maximize pedestrian circulation within the project and connecting to surrounding areas. C. Using building designs and design guidelines to create a compatible and attractive urban village. GeoTMSU 2004 Des Lauriers Municipal Solutions, Inc. /Planning Board - Decision city of Northampton Hearing No.: PLN-2003-0094 Date: February 19, 2004 D. By using retail,institutional and other land uses to keep the urban village tightly focused and walkable, and maintain a focus on gateway(s) to Northampton and respect surrounding land uses. Landscaping,new buildings,parking, lighting, and other improvements in the Village at Hospital Hill will be designed and maintained to minimize the visual intrusion to the surrounding area and create a new compact and coherent village or campus center appearance. The Planning Board further found the design guidelines will ensure that a minimal disturbance of existing ridge-lines and hilltops will occur and to the extent possible, the existing specimen trees and other desirable natural features will be preserved. C. The design guidelines will ensure that the appearance of proposed new buildings,renovations, and other improvements are designed for visual compatibility within the site and the surrounding area;and that the buildings along the gateway will be a minimum of two stories in height. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 61512003 611912003 712412003 812112003 91312003 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 611212003 811312003 712412003 81712003 91312003 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 611212003 612612003 81712003 811412003 SECOND ADVERTISING DATE: HEARING TIME: VETTING DEADLINE: DECISION DEADLINE: _T 611912003 8:30 PM 1 91712003 91712003 MEMBERS PRESENT: VOTE: Paul Voss votes to Grant Francis Johnson votes to Grant George Kohout votes to Grant Keith Wilson votes to Grant Paul Diemand votes to Grant Kenneth Jodrie votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Paul Diemand Paul Voss 6 Approved with Conditions MINUTES OF MEETING: Minutes are available in the Office of Planning&Development 1, Carolyn Misch,as agent to the Planning Board,certify that this is a true and accurate decision and settlement made by the Planning Board and certify that a copy of this and all plans have been riled with the Board and the City Clerk on February 19,2004 77- certify that a copy of this decision has been mailed to the Owner and Applicant LA E D 1 9 2004 February 19 , 2004 I , Wendy Mazza , City Clerk of the City of Northampton, hereby certify that the above Decision of the Northampton Planning Board was filed in the Office of the City Clerk on August 14 , 2003 , that an appeal was filed with the Land Court (Civil Action No . 292406 ) and received in the City Clerk' s Office on September 3 , 2003 , that a Settlement Agreement Was filed on February 9 , 2004 , in the City Clerk ' s office , with modifications . Attest ,I —t_)t f /��d Wendy Maz, a City Cle�-k City of Northampton GeOTMS Om 2004 Des Lauriers Municipal Solutions, Inc. 7 1 f: IN-DENJ ss. CIS;i ACTION N0. 2_1_4C6 HOSPITAL IHILL.L DE`vv- OPNiIEN± j LLC, j Plam' ti f_ ) vs- PL_Al'�1NL G BOARD OF 1 NORTFLA V2TON, MASSACHUSETTS } (KENTNETH JODRIE, PAUL } AGREEMENT FOR JLDGVLENT DIEMA2',,D, DAVID W`I.ENSKY, ) -�:'----- R LIE HOOKS DAVIS, PALL,VOSS, ) =^- GEORGE KOHOUT, FRANCIS JOF SO- _N-A_ND KEITH W3SO , AS J� _ bJ i NIrNfBERS OF T_HE PL_AN_N i BOARD OF NORT=QIP�TO__N), Defendants. I 1. T the decision of the Northampton i lanl�g Board dated August- 14, 20013, a ceri:ped copy of which is attached to the Complaint in this action as Exhibit A (the "Decision"); is herebv modified (the "Modifications"), as follows: A. Paragraph I(a) of the Decision is herebv deleted in its entirety and the following is substituted in place thereof- (a) hereon(a) Insert on page rine as new paragraph�2 under"Building Continuity" section: "All new buildings fronting on Route 66 and the mixed use buildimas fronting on the north-south road to the first street intersection north of Route 66 or north of the Haskell driveway, whichever is further, shall be two stories or higher along the street. All buildings on the sour: side of Route 66 on the comer of either the main-nor th-south street o_r Lhc corner of the park fronting Route 66 snail be two stories for a distance of feet to tl-ie south. One story buildings elsewI ere cn the sout�_ can-I s may be appropriate. Continuous building facades along the south campL.s road are preferred and encouraged where practicabie." A true copy Attest: %2 ity Clerk i i a`G lull _ of d,; _'e:IS?Ci1i C ;l til in its eP_i c i�' l 1 and LIiZ Iol.C'J�i'I_ On _uge 17, _eplace d-s`l oara�=—ph -andle'a the -CrilIty- section xith a new paragraph that provides: " tility serlices to proposed'build'M Us extcnsicnsiconnec:ons) shall be provided underground. Overhead elect::c and telephone services may be considered, however, in residential areas ,vithin rear yard easements or in allevs abutting new subdivision streets vJlth overhead utilities." C. ParaYaph 1(d) of the Decision is hereby deleted it its entirety and the following is substiruted iri place thereol (d) Inse.L� on paQe 4 as est bullet under Main Street: "All newly constructed buLdings shown as retail and mixed use on the Illustrative Site Plan that are within 250 feet from the centerline of the Route 66 and "Ridge Road" intersection shark have at least 75% of the first floor area retail, personal service or ether high foot trafne commercial uses that are open and used by the general public OR the building plan shall show that the buildings are clearly designed to be easily converted to retail at a later date, including exterior store fronts, public entrances, large undivided internal_ spaces and other techniques. In addition, the immediate use shall be designed without curtains or blinds to make the use visible (and interesting) to pedestrians passing by the building." 2. A11 other provisions of the Decision shall remain in full force and effect. The Decision, as modified pursuant to this Agreement for Judgment, shall be effective immediately . w shout further right of appeal, favcr of any party. A copy of the Decision, including the Nfodirications, shall be filed by the Planning Board with the City Clerk immediately following the filing of this Agreement for Judgment and the Planning Board, through its agent, shall certiff_ to the City Clerk that the Decision, including the Modifications, is a true and accurate decision made by the Planning Board. 3. The parties to this Agreement, on their own behalf and on behalf of their successors and assigns, hereby release and discharge each other of and from any and all claims, demands, debts, obligations, liabilities; costs, expenses, affirmative defenses, rights of action, causes of action of any kind and character, whether known or unknown, liquidated or -EgUidated, which they had or may have had from the begir_ning of the world through and nci:ding the date of-Ntcution of this Ag eemeni for Jud--rent on account of, arising out of or in -eiation to the Decision, including without limitation all claims made by the Plaintiff in this proceeding, Land Court ClVillAction - umber 292406. 4. The parties to this Agreement, their ofIlcers. directors, employees, agonts and ,:o%.tractors. Shall not u1 the hese nce of any third =Dander firer or cause to be Uttered any remarks r . -ate:nents W,th reS^,ect to he Subject _-.atter of Ile claii 7 cel- i `hi the t s asserted _n �.�s Appeal, �1,, (f 7'S::mil ai]!i 0 r 11e N 1 P tT 17- ii? at a claT.Ecd-17-01- . 1 [Ili c D"cc ]a, }fie i7 ed to alla ll I I- c r L Lc r, i-r-enn t of 7'n-, sl-ail ',,-e 1 10 I its cosis al-, ir, -cn::�C' Lion W i -r.-':imatizf an 1 s T, F I T d the De.�-dant a,lee hLi s L a 11 �;atcr ac-,-,'ci,- in accordance -,vith this A,-:-r e-went `or j d,-,-ra cil T i H-E PLAINTIFF, HOSPITAL HILL DE-,,-ELOP_ME-,N-T LLC C By its attorneys, A. Craig Brown,Esq. (I3BO #059680) Michael D. Sweet (BB0#635308) Doherty, Wallace, Pillsbury and Murphy, P.C. One Monarch Place, Suit-1- 1900 1414 Main Street Smin -eld. MA 01 4-1-1900 Tel: (413) 7-3)3-3 111 Fax: (413) 734-3910 7 TIIIE, DEFENT-DANT, T=PLANNING BOARD OF NORTHAMPTON, "LSH NU HANIPTON, MASS--'�C,!L:,— 'PTS F[E 3 9 2j U.4 f Janet Shepard, Cit' solicitor -BBO# 457820 76 -Masonic Street Northampton,MA 01060 Tel: (413) 585-5889 Fax: (413) 586-2937 SO ORDERED j C� Of tile T i-and Cc,—,T JT a:�Ll ai-v 2U