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HomeMy WebLinkAboutMin - PC - 1972.07.10THE CITY OF BURLINGAME PLANNING COMMISSION July 10, 1972 COMMISSIONERS PRESENT COMMISSIONERS ABSENT OTHE RS PRE SENT Cistulli None City Planner Swan Jacobs City Engineer Marr Kindig City Attorney Karmel Mink Bolding Inspector Calwel: Norberg Planning Aide Hendricksoi Sine Taylor CALL TO ORDER An adjourned meeting of the Burlingame Planning Commission, from the regular meeting of June 26, 1972, was called to order on the above date at 8:00 p.m., Chairman Cistulli presiding. ROLL CALL All members of the commission were present. HEARINGS: 1. HEARING ON SPECIAL PERMIT FOR ESTABLISHMENT OF RETAIL STORE IN AN M-1 DISTRICT AT 1180 CAROLAN AVENUE (APN 026-233-01) BY DONALD D. TATEOSIAN Chairman Cistulli announced this item for hearing. Mr. J. Dimicelli introduced himself as representative of Mr. Tateosian who was out of town and unable to be present. It was noted that Mrs. Dimicelli wishes to establish an antique store in this property. Mr. Dimicelli told the Commission that he had brought with him commitments on the parking situation. Secretary Jacobs read these letters. One was from A. H. Gaffin, owner of Burlingame Animal Hospital, stating he felt the proposed antique shop at this address would be far superior to the previous tenants. Correspondence from John L. Rector, President of Rector Cadillac, stated he would have no objection to letting customers of the proposed antique shop exit behind his building onto Cadillac Way. Mr. Dimicelli stated that Mr. Tateosian had paved the 20 foot easement to accommodate parking. With the two car garage, there would be enough room to park 5 - 6 cars. He distributed a layout of the parking. Chairman Cistulli asked about the removal of the gas pump in the garage, and Mr. Dimicelli replied that it could be removed if necessary but that he thought it would be an asset to the property. City Planner Swan commented that the problem of the gas pump should be resolved and that Fire Inspector Pearson had stated that it could remain if it would be in active use. Mr. Dimicelli stated that the gas pump would be in constant use, and that it was a 200 - 300 - 2 - gallon tank. Commissioner Sine noted that this building is 100% fire sprinklered. No one in the audience was either for or against this application and the public hearing was declared closed. Commissioner Taylor stated the parking had not been resolved to his satisfaction; there had been no agreement on the 20' easement and no understanding with Oscar Person about egress over his property. He did not think the two aforementioned letters could be accepted as a definite commitment on the parking. Commissioner Norberg agreed that the question of parking should be settled. Commissioner Mink commented that an ingress -egress easement could not be used for parking. City Attorney Karmel reminded the Commission that at the June 26 meeting it was suggested that if this easement were to be used for parking, it would have to be disposed of by merger or abandonment. He stated that Mr. Tateosian had been directed to submit title insurance reports to the City staff and this had not been done. Commissioner Kindig thought the parking solution was inconclusive and with the garage being used for employee parking, only the easement was left for off-street parking. Commissioner Sine suggested the application be continued pending submission of proper documentation. Commissioner Jacobs agreed. At this point Mr. Dimicelli told the Commission he had with him documentation given him by Mr. Tateosian, and it was given to the City Attorney. City Attorney Karmel commented that the title insurance policy indicated that the 20' non-exclusive easement belonged to other property owners, and if they wished to quit claim their interest, the Commission would accept it. He brought out the fact that the Commission is interested in legal parking only, and this is the only way to do it. The Chairman again suggested this application be continued in order to accomplish the legal necessities, but Mr. Dimicelli indicated extreme dissatisfaction. He stated he could see no problem with the parking; and apparently the City was not interested in developing new business, so he would move it to another location. Chairman Cistulli remonstrated that the City welcomed new business, but the legalities of parking could not be overlooked in any instance. Commissioner Mink moved that because of the absence of the applicant and the incomplete legal documentation this application be continued to the regular meeting of July 24. Commissioner Kindig seconded the motion, and it passed unanimously on voice vote. 2. RECLASSIFICATION OF LOT 26, BLOCK 7; LOT 1, BLOCK 6, AND PORTION OF LOTS 1 AND 2, BLOCK 6, EASTON ADDITION #11 FROM R-2 TO R-3A. City Planner Swan informed the Commission that this item of new business was presented so that the Planning Commission could take - 3 - action by motion. It is a companion to Item 5 of the Study Meeting Agenda for a reclassification from R-2 to R-3A of Lots 3 - 10 inclusive and portion of Lot 2, Block 6; and Lots 17 - 25, Block 7, Easton Addition #1. This latter application does not cover the North corner lots on Blocks 6 and 7, with street addresses on Carmelita. It was recommended by the City Planner that these lots be added to the reclassification for consistency, and he suggested that the Planning Commission initiate an application for this purpose. Commissioner Mink had no comment. Commissioner Kindig concurred with the idea. Commissioner Taylor thought this action would make for consistency, and Commissioner Norberg considered it would be proper under the circumstances. Commissioners Jacobs and Sine also concurred. Commissioner Sine questioned if there should be immediate action or if it should be postponed for several weeks. He was informed by the City Planner that the property owners initiating the action had been considering it for five or six months. Commissioner Taylor questioned where this area fitted in the priorities for reclassification for the General Plan. City Planner Swan informed him that it was third in staff priority, but that this action had been initiated by property owners and hence must be considered first. Commissioner Sine moved that the reclassification of Lot 26, Block 7; Lot 1, Block 6, and portion of Lots 1 and 2, Block 6, Easton Addition #1, from R-2 to R-3A be placed on the agenda for the public hearing of July 24, 1972. Commissioner Mink seconded the motion and it was unanimously approved by voice vote. Chairman Cistulli adjourned the adjourned meeting of June 26 at 8:45 P. M. to the regular study meeting of July 10, 1972. Planning Commission Study Meeting of July 10, 1972 APPLICATIONS: 1. VARIANCE TO ALLOW UPGRADING THE EXISTING APARTMENT BUILDING AT 1452 BELLEVUE AVENUE, BEING SW 50 FEET OF LOT 1, BLOCK 8, BURLINGAME LAND COMPANY MAP NO. 2 (APN 029-111-140) ZONED R-4, BY JAMES GONG (ITEM TABLED AT JUNE 26 HEARING) Chairman Cistulli introduced the application for study. City Planner Swan reviewed activity on this application since the June 26 meeting, and noted that Mr. Gong; Mr. Curtis, contractor; and Building Inspector John Calwell were present to answer Commission questions. He told the Commission that a revised ground level plan had been prepared for their inspection, and that the staff had made some suggestions to get maximum amount of parking. Staff is in agreement that no living unit should be permitted on the ground floor. Mr. JAmes Gong told the Commission he felt the plans had been revised to incorporate everything the staff had requested. Building Inspector Calwell told the Commission that this apartment building had grown by a series of additions over the years, and that 3 - 4 years ago the City had been forced to have the owner remove two apartments added on the roof. This left nine units on the first and second floors and three illegal units in the basement. He spoke of the necessity of increasing parking for this building; and stated that the one apartment still planned for the basement should be eliminated and the entire basement given over to parking. He thought the building would be substantially sound with the addition of shear walls in the basement and could be a good rental building. He emphasized that over the past five years an increasing number of tenants in the building have applied for on -street parking permits. Ten parking spaces could be obtained with the elimination of all units from the basement. The City Planner explained they would back into the street, there would be one tandem space, the five spaces at the rear would be for small cars only. There was Commission discussion of the plans. Mr. Curtis reported that he and the building inspector had measured the front setback, and it was more than adequate. The Building Inspector concurred. After further discussion, Chairman Cistulli informed the applicant this request for variance would be set for public hearing on July 24. 2. VARIANCE TO ALLOW A RUMPUS ROOM AND HALF BATH IN THE SECOND STORY OF AN ACCESSORY BUILDING AT 136 OCCIDENTAL, LOT 26, BLOCK 8, BURLINGAME PARK #2, ZONED R-1, BY FREDERICK W. MUNICH The City Planner informed the Commission that this property originally had an illegal living unit over the garage located at the rear of the property. The property was recently sold, and prior to the sale the kitchen and plumbing facilities removed from the illegal unit. The present owner wishes to retain the upper floor for a - 5 - rumpus room. Mr. Munich then stated that he wished to have a half bath and a rumpus room over the garage, pointing out that he had no intention of renting it. Building Inspector Calwell informed the Commission that he had talked with the real estate agent before the sale and told him his client would have to come to the Planning Commission for a variance for the use of this illegal accessory building. lie added that the kitchen unit had been taken out as well as plumbing fixtures, but that vents and waste lines had been left in for the benefit of the new buyer. The Building Inspector suggested that if the permit for the rumpus room is granted, the building be brought to code. There is not enough window area and the stairways do not meet building code. There was Commission discussion. No plans have been received by staff for this variance, and must be presented before the hearing. Mrs. Sheehan of ABC Realty stated she had received an earnest money deposit for this property and that she would cooperate with the Commission if they wished to inspect it. Chairman Cistulli asked the applicant if he would finalize the sale if the permit were not granted, and Mr. Munich replied that it would be questionable. Chairman Cistulli scheduled this application for hearing at the meeting of July 24. 3. PARCEL MAP FOR 1348 DESOTO AVENUE, WITH 100 FOOT FRONTAGE.; 1/2 LOT 39, LOT 40, 1/2 LOT 41, BLOCK 58, EASTON ADDITION NO. 7, BY R. C.-DAUBEMIRE. 4. VARIANCE TO ESTABLISH A 42' WIDE LOT IN THE R-1 DISTRICT NEXT TO 1348 DESOTO AVENUE BY JOHN AND NOREEN DIVINE, PURCHASERS City Planner Swan explained that these two applications would be considered together since they pertain to the same property. He introduced Mr. George Beatty, engineer, who spoke on behalf of his clients, John and Noreen Divine. He distributed plans and explained that Mr. and Mrs. Divine wish to buy this large parcel, 100' x 1201, and subdivide it into two lots. The existing house at 1348 DeSoto was built on the northerly 52.4 feet of this property, leaving a 42-foot wide building site after allowing for a side yard. By ordinance a 50' lot is required, hence the request for variance. The proposed lot of 42' x 120' would have an area of 5,040 square feet, exceeding the code minimum of 5,000. The proposed dwelling would be 34' wide, two story and have a two car garage beneath the house. He noted the alternative of removing part of a room on the existing house, but stated this would be costly. The City Planner commented that this seems to be a reasonable way to put the property to use, and that the 4' side yards would allow the building to meet the code. City Engineer Marr questioned the driveway, proposed at 22' wide, and stated he could allow only a maximum of 111, 25% of the lot frontage, for this 42' lot. However, the driveway could be widened after the curb cut. After further discussion, Chairman Cistulli set the application -for public hearing on July 24. 5. RECLASSIFICATION OF LOTS 3 - 10 INCLUSIVE AND PORTION OF LOT 2, BLOCK 6; AND LOTS 17-25, BLOCK 7, EASTON ADDITION #1, THE TEN -HUNDRED BLOCK OF CAPUCHINO, FROM R-2 TO R3-A BY DANIEL S. FRANKO ET AL. City Planner Swan explained to the Commission that this application for reclassification was supported by a petition signed by twelve property owners in the block. He went on to say that the present classification of R-2 permits density of 40 living units, whereas the R-3A classification would permit 96. The present number of living units is 31, with about 10 single family houses on these twenty lots. City Engineer Marr told the Commission he would have to make a study of the utilities, but that this could probably be completed before the July 24 meeting. Mr. Franko was present as representative of the petitioners. After some discussion, this application was scheduled for public hearing on July 24. 6. VARIANCE TO ALLOW EXTENSION OF NON -CONFORMING SINGLE FAMILY HOUSE AT 1404 PALM DRIVE .BEING LOT Q, BLOCK 5, BURLINGAME TERRACE, ZONED R-1, BY EARL W. JONES. Mr. Jones was present at the meeting. City Planner Swan distributed plans of the addition, and informed the Commission that the present dwelling was non -conforming in that the side yard is less than 31, and the variance was necessary to allow Mr. Jones to add a bedroom and bathroom to the dwelling. These would be added to the rear of the non -conforming structure. He cited letters from several of Mr. Jones' neighbors stating they would not object to the proposed addition. Mr. Jones addressed the Commission. He stated the extra rooms were needed for his growing family, and that even with their addition the lot coverage would be under 40%. He added that they would prefer to build on to their present dwelling rather than move to a larger house, which would be prohibitive in cost. The house was remodeled in 1961, with the bathroom wall projecting into the side yard. This was permitted at that time. The question of an additional garage was raised. Mr. Jones has only a carport, and he was informed by Chairman Cistulli that he would need a two car garage for a three bedroom house, and he must either add a garage or ask for a variance on it. Mr. Jones thought there would be no way to add a garage on the property. This application was scheduled for public hearing on July 24. RECONVENE After a recess at 9:30, the meeting reconvened at 9:35 P.M. - 7 - 7. VARIANCE TO ALLOW RECONSTRUCTION OF BUILDING DAMAGED BY FIRE AT 129 STANLEY ROAD, BEING LOT 8, BLOCK 35, LYON AND HOAG SUBDIVISION, TOWN OF BURLINGAME, ZONED R-1 BY HAROLD AND ESTHER BUZAN City Planner Swan told the Commission there is a cottage located 9" from the rear property line that is being used as a rental unit. This is a non -conforming residential structure. The large house in front was 75% destroyed by fire and the owner wishes to rebuild this and use for a rental. The variance is to allow rebuilding this three bedroom house because it is an R-1 district and there would be two living units on one lot. He noted there is a single garage on the property and recommended that a double garage be built, since there would be three bedrooms. He distributed a small plot plan of the property. During discussion it was established that the shell of the building would not come down, and that it would be rebuilt :from the inside. The lot is 50' x 115'. There were no figures on lot coverage, since no precise plan was submitted. The City Planner commented that the adjacent properties have buildings right on the property line. Chairman Cistulli scheduled this application for the public hearing of July 24. 8. SPECIAL PERMIT FOR A NON-PROFIT ASSOCIATION OFFICE AND MEETING SPACE AT 1448 BELLEVUE AVENUE, CENTER 50' x 1251 OF LOT 1, BLACK 8, BURLINGAME- LAND COMPANY, MAP *2 (APN 029-111-130) ZONED R-4 BY JOY CENTER, INC., DONALD DENNY, BUSINESS MANAGER City Planner Swan commented on this application, stating there is some indication that Mr. Gong, owner of the adjacent property at 1452 Bellevue, wishes to put a fence on the property line which splits their common driveway. This would create an obstacle to cars going into the apartment house driveway. The R-4 district along Bellevue is in Fire Zone II. The walls of this building do not have the one -hour fire resistance as required for Fire Zone II. Mr. Denny, business manager of the organization, addressed the Commission. He said that one small section of the dwelling would be used as an office and for business meetings once a week. Other activities would not be held on this property. He described the purpose of the organization as fulfilling a need for community communication and understanding, and introduced Mr. Simpson, San Mateo County School Psychologist. Mr. Simpson told the Commission that this organization is somewhat similar to the Y.M.C.A. in that it is a social club, members are the community at large; and activities include outings, discussion groups, and communication skills. The house itself is a headquarters and used only a small amount of the time. Dues, as such, are strictly on a donation basis, although they do have a pledged membership. Mr. Arthur Gump, a teacher at Skyline College, is the resident and Planning Director for the organization. There are 10 - 12 people on the staff. Mr. Simpson is consultant, and the organization is in no way related to the San Mateo County School System. Mr. Denny stated most of the clerical work would be done in members' homes, there would be no office machines - only a typewriter and desk. Parking would be minimal, and Mr. Denny has asked Lucky Stores permission to use their parking lot after 8:30 P.M. Chairman Cistulli scheduled this application for the hearing of July 24, 1972. 9. SPECIAL PERMIT FOR A LADIES READY-TO-WEAR STORE IN AN M-1 DISTRICT AT 1047 BROADWAY (PORTION OF APN 026-233-010; OWNED BY DONALD D. AND N.L. TATEOSIAN BY RHODA SMALL) The City Planner reviewed this application for the Commission, commenting that it could not be considered bona fide since there was not yet a letter from the property owner. Letter of authorization had been received from Louis Segal, lessee, who stated he would rent three offices and display room to Mrs. mall. City Planner Swan went on to say this type of use is retail and requires a special permit because it is in an M-1 district. It is at the corner of the worst intersection in Burlingame and there is no parking. He suggested that a condition of the permit should be that they participate in any parking assessment district to be organized next, and did not know what they would do for parking in the interim. Mrs. Small told the Commission that this would not be a retail store in the true sense. It would be an office, storage, and sample room, but there would be no foot traffic. She has her own private clientele and puts on fashion shows in people's homes where orders are taken for the merchandise. She would not have a boutique at this address, and the parking at most would consist of her own and a customer's car on a part-time basis, including 2 - 3 evenings a week. She will not solicit the public at this location, there will be no signs nor alterations to the building, and no display. Basically it will be a warehouse where people may pick up items which are sold in homes. Mrs. Small stated she did have a business license and would install a couple of desks, a file and a counter. There would be no fitting rooms. On a Commission question she stated she would have no objection to having a card on the store door reading "By Appointment Only." This application was scheduled for hearing July 24. 10. RESCIND RESUBDIVISION MAP OF BLOCK NO. 1, ANZA AIRPORT PARK UNIT NO. 4 PASSED BY CITY PLANNING COMMISSION AT REGULAR MEETING OF JUNE 23, 1969 FOR ANZA PACIFIC CORPORATION City Planner Swan -informed the Commission that Anza Pacific wished to go back to the point in time when this was one lot. A second building is to be built on the lot for lease to the County as a Convention and Visitors Bureau Office. He read a letter from Anza Pacific dated July 10, 1972 to this effect. The City Planner explained that since this resubdivision map had been filed by the City, the Planning Commission can rescind its action subject to the original map being surrendered to the City. He stated this original map and a letter of application had been received. Chairman Cistulli announced this application would be heard at the public hearing of July 24. 11. RECLASSIFICATION OF 30 ACRES MOL BEING PARCEL A AND LOTS 3 - 7, BLOCK 3, ANZA AIRPORT PARK UNIT NO. 5, LOTS 3. - 19, BLOCK 6, ANZA AIRPORT PARK UNIT NO. 6, ON THE NORTH SIDE OF AIRPORT BOULEVARD AND THE CONTIGUOUS ACREAGE BOUNDED ON THE NORTH BY THE NORTH SIDE OF THE PROPOSED ANZA PACIFIC BOULEVARD FROM A LIGHT INDUSTRIAL (M-1) DISTRICT TO A WATERFRONT COMMERCIAL (C-4) DISTRICT BY ANZA PACIFIC CORPORATION City Planner Swan introduced this application as being close to the same area as the previous application. He said that official action had been taken at the State Lands Commission level to clear Anza Pacific's title to their property. One of the conditions to the agreement with the State of California was that development is to be done in keeping with the C-4 district regulations. This is an M-1 district bounded by Airport Boulevard and the proposed Anza Pacific Boulevard. The application is to reclassify this area from M-1 to C-4. David Keyston requested that this reclassification be extended to the north side of Anza Pacific Boulevard. This application was scheduled for hearing July 24, 1972. 12. AMEND SPECIAL PERMIT FOR REVISION OF ATLANTIC RICHFIELD SERVICE STATION AT BROADWAY AND ROLLINS ROAD. City Planner Swan advised the Commission the station plans have been completely redesigned so that it will be only a gasoline service station. He stated this could be treated as an amendment to a special permit and brought to vote. Mr. Claussen of ARCO addressed the meeting. He stated that ARCO has developed a new marketing policy emphasizing the sale of gasoline rather than service; hence the changes in the design of this station. This will be operated by a subsidiary of ARCO and employees will be paid by ARCO. Plans were distributed for the revised station. After some discussion it was announced that this application would be heard on July 24. 13. AMEND SPECIAL PERMIT FOR REVISION OF OFFICE BUILDING AT SW CORNER OF BAYSHORE HIGHWAY AND HINKLEY ROAD BY BOMAR INVESTMENT COMPANY Mr. James Marsh of Bomar Investment Company was introduced by the City Planner, who then explained the purpose of the application. Subsequent to the approxel of the permit Bomar's engineering had reported that foundation exploratory tests revealed a subterranean slough traversing the building site area. This slough necessitates a costly piling and foundation system. In view of these findings, engineers had recommended a 3-story design which would alleviate all of the parking lot layout problems encountered in the 2-story design. The City Planner distributed a revised plan which he said appears to be superior. All conditions are being met, and there is a problem of time. He noted that it was necessary to amend the - 10 - special permit for an office building by a motion to accept the revised plan. Mr. Marsh explained the revised plan, noting there will be 64 parking spaces as opposed to the previous 60. After Commission discussion Chairman Cistulli scheduled the application for the hearing of July 24. NEW BUSINESS: 1. REVIEW COMPLIANCE OF CONDITIONS FOR SPECIAL PERMIT TO FRANCES FENA FOR USES AT BURLINGAME DEPOT. City Planner Swan read minutes of the Planning Commission meeting of May 22, which reported the granting of this permit to Mrs. Pena with conditions that included paving of parking space and maintenance of the property to the City Manager's satisfaction. He told the Commission that a member of the City Council had complained about garbage standing in front of the station on Friday, June 30. The City Planner had made an inspection on Monday, July 3 and there was no garbage in evidence. He read the section of the municipal code which states the conditions under which a special permit may be suspended; and then read his letter to Mrs. Pena advising her to appear for a hearing on revocation of her permit. Chairman Cistulli read to the Commission the Council minutes of July 3, 1972 regarding this matter. He addressed Mrs. Pena, telling her this was the reason for possible revocation of her use permit. Mrs. Pena protested that the bags had been set there temporarily while her son had gone to get a truck to haul them to the dump. She added that sometimes garbage is taken to her home for the regular garbage pickup, and stated the City should have its trash pickup at that address also. She was informed that this was not City property to be serviced by the trash pickup, and that she could probably make arrangements with the San Mateo Scavenger Company to pick up her garbage. She complained of vandalism at this site, and was informed it was up to her to do her own police work. There was further discussion. Chairman Cistulli instructed Mrs. Pena to appear before the Planning Commision on July 24, and he instructed the City Planner to invite Councilman Amstrup to be present. 2. STAFF REPORT: LAND USE ANALYSES - VACANT LAND: BY CHRIS HENDRICKSON City Planner Swan introduced this subject, commenting that these analyses were first steps toward updating the General Plan. Planning Intern Hendrickson reported to the Commission on data collected with included graph on acreage of developed and vacant land 1967-1971 by zoning category; graph for the same period comparing acreage of Airport Boulevard development; acreage of vacant and developed land less Airport Boulevard development; and acreage of vacant and developed land -less C-4 District. Also included was a table showing vacant land and land developed 1967-1971 by zoning category. He commented that the most striking fact brought out by this data is that twice the amount of the now remaining vacant land has been developed in the last five years. If the trend con- tinues, there will be no appreciable amount of undeveloped land remaining in Burlingame in 1977. Another important point developed is that with the absence of any vacant land zoned R-4, there may be future pressure toward redeveloping or rezoning. Mr. Hendrickson demonstrated his figures further by reference to a map of the City showing parcels that were vacant in 1967 and those which have been developed since 1967. There was Commission discussion of this data with particular reference to R-1 land. 3. STAFF REPORT - HOME OCCUPATIONS City Planner commented briefly on this subject about establishing a regulation of contractors operating from their homes, this not being a "home" occupation per se. He stated that to enforce some major change will be difficult, but for contractors to use their home as their office and to do work away from home does not fit the intent of home occupations. He commented he would develop a recom- mendation for the Planning Commission's later consideration. There was considerable discussion, particularly with regard to differentiation between types, such as journeyman as opposed to a regular contractor. The City Planner suggested it might be easier to deny new applications for contractors than to require present contractors to amortize their permits. COMMUNICATIONS City Planner Swan reported that Planning Intern Hendrickson is making a study on Burlingame properties comparing assessed value of improvements to the assessed value of the land. He commented that when the improvements are assessed at less than the land, the land is ripe for redevelopment. He distributed graphs .illustrating this point. The City Planner commented on the employees survey being conducted in the downtown area for the parking needs study by DeLeuw Cather Company. He reported on a compilation of his working hours since January, noting he averaged 45 hours a week. Most of this time is spent in zoning administration, with little time available for advance planning. Chairman Cistulli asked for commitments on attendance on the League of California Cities convention in October. City Planner Swan - 12 - noted that budget approval for this expense had not yet been received. The City Planner told the Commission that a letter had been received from Anza Pacific on their drive-in theatre, changing their plans from two additional screens to one, and that this item would come up for rehearing. The meeting adjourned at 11:00 P.M. Respectfully submitted, Malcolm M. Jacobs Secretary