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HomeMy WebLinkAboutPLANNING MINUTES 1955-07-12 Pp% MINUTES OF A PUBLIC HEARING OF THE CITY PLANNING COMMISSION On July 12, 1955 the above hearing was held by the City PlanningCommission of the City of Livonia at the City Hall, 33001 Five Mile Road, Livonia, Michigan. Chairman Peter A. Ventura called the Public Hearing to order at approximately • 8:07 p.m. Members present: Dallas F. Hay Robert Miller Peter A. Ventura Robert L. Greene Rufino Salinas Members absent: *Karle Steinhoff Daniel Lepo William Robinson H. Paul Harsha Lieutenant Bob Perry, Livonia Fire Department and George D. Haller, City Attorney were present together with approximately 15 people attending the Public Hearing. The secretary read Petition No. Z-104 by Irving Levine, Burt Homes Inc. asking that the zoning classification of portion of Parcel DDla located on the South- west corner of Lynnidon Avenue and Merriman Road in the Southeast 1/4 of Section 22 be chanted from RUFB to R-1-B. The secretary read letter dated April 26, 1955 from Irving Levine addressed to Mrs. Marie W. Clark, City Clerk. The petitioner or a representative was not present. *Mr. Karle Steinhoff arrived at meeting at approximately 8:09 p.m. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was #7-224-55 RESOLVED that, Petition No. Z-104 by Irving Levine, Burt Homes, Inc. for a change of zoning in the Southeast 1/4 of Section 22 from RUFB to R-1-B be tabled temporarily in order to give petitioner or representative opportunity to be present. The Chairman declared the foregoing resolution adopted. The secretary read letter dated June 29, 1955 from Joseph F. Slavik, Rouge Building Company requesting approval of revised Buckingham Village Subdivision No. 2 located on the Northwest corner of Inkster and Schoolcraft Roads in the Southeast 1/4 of Section 24. The secretary read letter dated July 12, 1955 from Hugh J. Wood, Jr., Chief Inspector. Mr. Steve Slavik was present. Mr. Steinhoff, member of the Plat Committee stated he had not seen copy of revised plat; therefore was unable to give report. Mr. Slavik stated the revised plat submitted has less lots than preliminary plat and that lots are larger. Some of the lots have been squared off which is better•for fencing and utilities. Mr. Greene questioned width of 12' easement and whether it is wide enough for both utilities and the Blue Drain. Mr. Slavik stated drain is going to be covered and they have not determined what size drain will be. Stated drain will be sufficient size to take care of everything West of the proposed Buck- *Pages 1017 and 1018 ingham Village Subdivision. Stated 2/3 of the North half of the subdivision , is going into the Bell Drain. Stated there is no change on the revised Buckingham Village Subdivision, No. 2 in regard to street layout. Mr. Hay stated the street name Lyons Avenue is carried around North-South and East-West. Mr. Steinhoff stated he would like to compare the revised plat with the original given approval by this commission. Mr. Ventura stated that in all fairness to petitioner, work should have been done before this meeting. It was ascertained that revised plat and original plat were sent to Plat Committee July 5, 1955. Mr. Salinas stated Lyons Avenue is carried around because it is short street and that he remembered it shown this way on original plat. Mr. Slavik stated all lots on the revised plat are measured to scale. Stated easement in question, according to engineers, is sufficient size. Upon a motion duly made by Mr. Hay and seconded by Mr. Salinas, it was #7-225-55 RESOLVED that, the City Planning Commission does hereby give tentative approval to the revised preliminary plat of Buck- ingham Village Subdivision, No. 2 located on the Northwest corner of Inkster and Schoolcraft Roads in the Southeast 1/4 of Section 24. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Greene, Hay, Ventura and Salinas NAYS: Steinhoff The secretary read petition dated May 20, 1955 by Gabriel Deratany, Gabets Garden Shop requesting permission to continue operation of an open-air sales at 27624 Plymouth Road on Lots 28 through 30, Schanhitets Marquette Manor Sub- division located on the Northeast corner of Cavell Avenue and Plymouth Roads in the Southeast 1/4 of Section 25. The secretary read letters dated April 12, 1955 from Gabriel Deratany, addressed to Zoning Board of Appeals and letter dated June 1, 1955 from Hugh J. Wood, Jr., Chief Inspector addressed to Walter J. Abraham, Chairman, Zoning Board of Appeals. The secretary read resolution adopted by the Zoning Board of Appeals May 26, 1955 adjourning Appeal Case No. 128 for 90 days. Mr. Gabriel Deratany was present. Mr. Deratany stated he did not install garages himself and that he had to foreclose because of default. Stated he had to vacate his place of business on Grand River Avenue and that he established his plants, nursery stock, grass seed, etc. on this location at that time. Stated he owned building known as Plymouth Storm and Sash Company and that he could use their sanitary facilities at any time. Mr. Salinas asked who informed Mr.Deratany he should appear before this commission. Mr. Deratany stated several people and that he did not know their names. 1011,, Mr. Ventura stated he has visited placeof business and confirmed that sanitary facilities are available at approved building on adjoining lot to the East which Mr. Deratany owns. Asked City Attorney whether this would fill requirements of the law. Mr. Haller stated Mr. Deratany owns both parcels and that it would depend on what was meant by premises. Stated he doubted whether it would be necessary to have facilities on each. Mr. Ventura asked whether that would fill requirements of the Zoning Ordinance. Mr. Haller stated in his opinion it would. Stated it may be provision of lease that Mr. Deratany has use of sanitary facilities and that in that case it would not be within power of tenant to withdraw facilities. Mr. Ventura suggested possibility of Mr. Deratany selling open air sales and not the property where building is located. Mr. Haller stated he understood Mr. Deratany is interested in busy season. Mr. Deratany stated that if he sold property he would sell all three lots so that there would be facilities available. Mr. Greene asked whether the only objection is sanitary facilities. Mr. Ventura stated garages are frame buildings in a C-2 District. No one was present opposed to petition. LMr. Hay suggested petition be tabled for two weeks and that a committee be appointed to look at place of business. Mr. Salinas stated he did not see what would be served by tabling petition. Mr. Miller asked how long Mr. Deratany intended to operate business. Mr. Deratany stated he intended to operate as long as he lived and that it is seasonal business. Mr. Hay asked whether Mr. Deratany intended to build permanent building. Mr. Deratany stated within three years, he hoped to build permanent building. Mr. Ventura stated that if this commission granted the open-air sales Mr. Deratany would still have to live up to other ordinances. Mr. Haller stated that if open-air sales is violation of another ordinance, he did not see how it would be within this Commhi.ssionts jurisdiction. Mr. Ventura stated the only question before this commission is whether or not open-air sales thould be granted. Upon a motion duly made by Mr. Greene and seconded by Mr. Salinas, it was #7-226-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition by Gabriel Deratany, Gabets Garden Shop requesting permission to continue operation of an open-air sales at 27624 Plymouth Road on Lots 28 through 30, Schanhitets Marquette Manor Sub- IL division located on he Northeast corner of Cavell Avenue and Plymouth Road in the Southeast 1/4 of Section 25, and 1444 .110.01 FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in the Proof of Service. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Greene, Hay, Ventura and Salinas NAYS: Steinhoff The secretary read petition dated June 22, 1955 by R. A. Buerrosse, Division Manager, Sinclair Refining Company requesting permission to erect two metal neon roof signs 24' long and 39" high on Dutlot A, Greenette Subdivision located on the Southeast corner of Plymouth Road and Garden Avenue in the Northwest 1/4 of Section 36. Mr. Bill Fegan, 39620 Grandon Avenue was present representing petitioner. Mr. Fegan stated Lhat on the original station plans submitted to commission, the signs were not shown. Stated signs are erected and that they were erected by Randall Signs, 23544 Hoover, Van Dyke. Stated sign has been erected for three weeks. Mr. Salinas asked whether this was usual procedure to put up sign and then ask for permit. Asked if this is a flashing sign. Mr. Fegan stated it is not flashing. Mr. Ventura stated that this is not the first sign that has been erected before approval is obtained from Planning Commission. Stated Commission has requested former City Attorney for Sign Ordinance. Stated that Randall Signs might be subject to a fine inasmuch as they have erected sign before obtain- ing approval of commission. Mr. Fegan stated that he discussed sign with neighbors within immediate area and they agreed signs are not a nuisance. No one was present opposed to petition. Mr. Hay stated it is unfair that some concerns have to wait for approval of this commission before erecting sign when other concerns erect sign and then request approval. Mr. Greene asked whether Randall Signs is familiar with ordinance. Mr. Fegan stated he believes this is first sign they have erected in Livonia although they do all sign work for Sinclair Refining company. Mr. Hay suggested it could be determined•from Inspection Department whether Randall Signs have had permit prior to this and if so he should be penalized. Mr. Haller questioned whether or not in addition to penality this commission should deny petition. Stated owner expects contractor to take care of approvals and permits where necessary. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was #7-227-55 RESOLVED that, petition by R. A. Buerrosse, Division Manager Sinclair Refining Company requesting permission to erect two metal neon roof signs 24' long and 39n high on Outlot A, Greenette Subdivision located on the Southeast corner of Plymouth Road and Garden Avenue in the Northwest 1/4 of Section 36 be tabled until July 26, 1955 in order to afford representative of Randall Signs to appear before this commission and explain why they erected signs prior to obtaining approval of City Planning Commission, and FURTHER RESOLVED, that the Building Department be notified of the above violation for any action that they might want to take. The Chairman declared the foregoing resolution adopted. The secretary announced that the next item on the agenda was Application TA4 by Dominic A. Pitrone requesting permission to remove fill sand from Parcels D9, D10 and Dli located on the North side of Six Mile Road approximately 3,325 feet West of Farmington Road in t,he Southwest 1/4 of Section 9. The secretary read letters dated July 11, 1955 from Sgt. Robert Baumgartner, Livonia Police Department and dated May 24, 1955 from W. G. Sharpe, Supt. of Public Works. Mr. Dominic J. Pitrone was present. Mr. Ventura stated he visited site and that it is high. Stated there are seven acres and that Mr. Pitrone did not intend to remove fill sand down to full depth. Stated they will use 100' as a bench mark and that parcels will be higher than Six Mile Road when operation is completed. Mr. Howard Middlewood, Building Inspector arrived at meeting at approximately 8:55 p.m. Mr. VanFleteren, 15562 Hemlock, Detroit stated he owned 40 acres East of this location. Questioned what was to be done with topsoil. Mr. Pitrone stated they intend to push topsoil back to one side, remove sand and replace topsoil. Mr. Frank Dow, 35406 Six Mile Road stated Mr. Pitrone is not doing anything to improve property and that there are sump holes to fill and weeds to clean up. Submitted deed restrictions pertaining to subdivision for commission's inspection. The secretary read portion of deed restriction submitted by Mr. Dow n...No noxious trade shall be carried on on said premises or said premises be used for cemetery..." Mr. Donald Burns (Owner of property) stated this is not located in subdivision. Mr. Hay asked the amount of land owned by Mr. Dow. Mr. Dow stated he owned five acres. Mr. Ventura asked how far Mr. Dow's property is located from Mr. Burns Mr. Dow stated quite a way. Mr. Haller stated, after examining deed, that deed does not indicate it is subdivision. 1 Mr. Ventura stated as Mr. Haller stated Commission cannot pass on restriction --- all commission can do is enforce ordinance. Upon a motion duly made by Mr. Salinas, seconded by Mr. Steinhoff, and unanimously carried, it was #7-228-55 RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant Application TA4 by Dominic J. Pitrone requesting permission to remove fill sand from Parcels D9, D10 and Dll located on the North side of Six Mile Road approximately 3,325 feetWest of Farmington Road in the Southeast 1/4 of Section 9, and FURTHER RESOLVED, that a performance bond be fixed on the above application at $400 per acre and it is recommended to the Bureau of Inspection that a permit to this effect be issued, and FURTHER RESOLVED, notice of the above hearing was sent to the property owners within 500 feet, petitioner and City Departments as listed in .he Proof of Service and recommendation having been obtained from the Department of Public Works under date of May 24, 1955 and from the Police Department under date of July 11, 1955. The Chairman declared the foregoing resolution adopted. The secretary read petition dated June 20, 1955 by Manuel M. Plaskove, Michigan Floor Covering Company requesting permission to erect sign approximately 12 feet in height by 9 foot projection and carries approximately 66 square feet of sign area at 27675 Grand River Avenue on portion of Parcel Alal and located on the South side of Grand River Avenue approximately 200 feet East of Deering Avenue in the Northeast 1/4 of Section 1. Mr. Plaskove was present. Mr. Plaskove stated the sign is 85% built but at a stage where there can be revisions if the commission so desires. Stated sign is being built by Kelly Signs. ?1r. Greene asked how far over public property proposed sign will project. Mr. Plaskove stated approximately 8 feet. Mr. Plaskove stated the store will be ready to open within two weeks. Mr. jl'entura referred to Section 10.02, Subsection g "...No sign will project more than fifteen inches beyond the building line...." Stated that to grant approval of this petition would be in violation of the ordinance. Mr. Plaskove stated a 27" girder is in the center of the building solely for the purpose of holding the: type of sign petitioned for. Mr. Ventura suggested commission adopt resolution requesting City Attorney to draft Sign Ordinance and make recommendation to City Council that Sign Ordinance be adopted. : Mr. Hay made the following motion which he withdrew after further consideration: RESOLVED that, pursuant to a Public Hearing having been held the City Planning Commission does hereby grant the petition of Manuel M. Plaskove, Michigan Floor Covering Company re- questing permission to erect 66 square feet of sign at 27675 Grand River Avenue on portion of Parcel Alal and located on the South side of Grand River Avenue approximately 200 feet East of Deering Avenue in the Northeast 1/4 of Section 1 pro- vided sign does not project 15n beyond the building line. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was #7-229-55 RESOLVED that, petition by Manuel M. Plaskove, Michigan Floor Covering Company requesting permission to erect sign at 27675 Grand River Avenue on portion of Parcel Alal and located on the South side of Grand River Avenue approximately 200 feet East of Deering Avenue in the Northeast 1/4 of Section 1 be tabled until July 19, 1955 in order to give petitioner opportunity to present alternate plan. The Chairman declared the foregoing resolution adopted and called a recess at approximately 9:35 p.m. The Chairman called the Public Hearing to order at approximately 9:47 p.m. with all present as named at beginning and course of meeting except Lieutenant Bob Perry. The secretary read petition No. Z-110 by William J. O'Neill, O'Neill Brothers Builders asking that the zoning classification of Parcels J2a6c, J2a6e, J2a6f J2a6g, J2a3a2,J2b, J2a6a, J2a5, J2a4 and Ji located on the South side of West Chicago Road approximately 374 feet West of Cardwell Avenue in the Southeast 1/4 of Section 36 be changed from RUFB to R-1-A. Mr. William O'Neill was present. Mr. Salinas asked the number of contemplated sites. Mr. O'Neill stated approximately 30 and submitted rough sketch of proposed subdivision. Mr. Middlewood stated Deering Avenue in undeveloped at this point. Mr. Ventura stated that this proposed subdivision is within Cooper School District and that the School District has an agreement with O'Neill Brothers Builders that a cottage type school be provided if School Soard so desires. Mr. O'Neill stated the homes will be three bedrooms at approximately $16,000. No one waspresent opposed to petition. Mr. O'Neill stated the sewer connection comes up from Joy Road. Stated existing sewer on Deering Avenue can be continued. Stated there is available water at both ends of proposed subdivision. Stated Mr. Hamill has to work out storm sewers and that sanitary sewers are in there now. Mr. Miller asked if there were homes on Cardwell and Floral. Mr. O'Neill stated Cardwell is built up and that Floral has a few substandards. wwmi Upon a motion duly made by Mr. Greene, seconded by Mr. Hay and unanimously carried, it was #7-230-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-110 as submitted by William J. OtNeill, OtNeill Brothers Builders for a change of zoning in the South- east 1/4 of Section 36 from RUFB to R-1 A the City Planning Commission does hereby recommend 'to the City Council that Petition No. Z-110 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 23, 1955 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company, Michigan Bell Telephone Company, The Consumer Power Company City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was #7-231-55 RESOLVED that, City Planning Commission return to Item No. 1 as it appears on the agenda which was temporarily tabled. The Chairman declared the foregoing resolution adopted. Mr. Irving Levine, Burt Homes Inc. was present regarding Petition No. Z-1Q4 asking that the zoning classification of portion of Parcel DDla located on the Southwest corner of Lyndon Avenue and Merriman Road in the Southeast 1/4 of Section 22 be changed from RUFB to R-1 B. Mr. Salinas asked the size of homes to be built. Mr. Levine stated 1,200 to 1,300 square feet. Mr. Salinas suggested petition be amended to Read R-1-A instead of R-1-13. Mr. Ventura stated property adjoining this parcel of land on the West is zoned R-1 B Mr. Levine stated he had no objection to amending the petition to read R-1 A Stated they did not contemplate construction this year. Mr. Salinas asked the number of homes to be built on this site and adjoining property which petitioner owns. Mr. Levine stated approximately 300. Mr. Ventura asked if there were any open ditches. Mr. Levine stated Blue Drain which is under petition to be tiled. Stated they propose to participate in this. Mr. Salinas stated he would make a motion to grant petition if petitioner would consent to amend petition to read R-1-A instead of R-1 B. Upon a motion duly made by Mr. Salinas, seconded by Mr. Hay and unanimously carried, it was #7-232-55 RESOLVED that, City Planning Commission does hereby grant Irving Levinets request that Petition No. Z-104 be amended to read R-1-A instead of R-1-B. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Salinas, seconded by Mr. Hay and unanimously carried, it was #7-233-55 RESOLVED that, pursuant to a Public Hearing having been held on Petition No. Z-104 as submitted by Irving Levine, Burt Homes Inc. for a change of zoning in the Southeast 1/4 of Section 22 from RUFB to R-1B the City Planning Commission does hereby recommend to the City Council that Petition No. Z-104, as amended by Resolution No. 7-232-55 be granted, and FURTHER RESOLVED, notice of the above hearing was published in the official newspaper, The Livonian under date of June 23, 1955 and notice of which hearing was sent to The Detroit Edison Company, Chesapeake & Ohio Railway Company Michigan Bell Telephone Company, The Consumer Power Company - City Departments and petitioner as listed in the Proof of Service. The Chairman declared the foregoing resolution adopted. The secretary read letters dated July 8, 1955 from George D. Haller, City Attorney acid dated May 12, 1955 addressed to Russell Ashmore, City Attorney from City Planning Commission. The secretary also read Appeal Cases No. 137 and No. 138. Mr. Haller stated petitioner in Appeal Case No. 138 should have asked permission before this Commission first. Stated that if Building Department refused to issue permit, then petitioner should go to Appeal Board. Stated in his opinion petit ioner should not go to Building Department for permit then to Board of Appeals and Planning Commission. Stated petitioner in Appeal Case No. 137 should come to this commission first as the Board of Appeals could not do anything for him. Stated this commission could have entertained petition to have dry cleaning establishment in C-2 District. The secretary read Notice of Public Hearing from Raymond W. Tackett, Chairman, Nankin Township Planning Commission regarding change of zoning on the South- west corner of Merriman and Joy Roads from Residential to Commercial. Mr. Ventura suggested resolution be adopted objecting to this change of zoning for two reasons: (1) It is not conforming with existing zoning on the other side of Joy Road (North side) and (2) It would draw business away from Livonia. Mr. Haller suggested a letter be forwarded to City Council suggesting that they send communication also. *Mr. Karle Steinhoff was excused from meeting at approximately 10:30 p.m. Mr. Hay stated letter should state this Commission's feelings and how Commission has tried to keep commercial away from that area. 7. Upon a motion duly made by Mr. Salinas, seconded by Mr. Greene and unanimously carried, it was #7-234-55 RESOLVED that, City Planning Commission of the City of Livonia does hereby oppose the propose change of zoning on the Southwest corner of Merriman and Joy Roads from Residential to Commercial as the area immediately to the North is zoned Residential and is being developed as such. The Chairman declared the foregoing resolution adopted. The secretary read letter dated June 23, 1955 from Dr. Cole S. Brembeck, Supt., Livonia School District regarding school site in Section 31. Mr. Salinas suggested commission bring up-to-date the Master School and Park Plan. Mr. George D. Haller left meeting at approximately 10:35 p.m. Mr. Ventura suggested that commission obtain legal description of school sites that have been changed. *Messrs. Steinhoff and Haller returned to meeting at approximately 10:37 p.m. Mr. Greene stated he would like to know reason why school site was changed. Mr. Ventura suggested a copy of the resolution changing school site should be obtained. Upon a motion duly made by Mr. Salinas, seconded by Mr. Greene and unanimously carni ed, it was #7-235-55 RESOLVED that, Secretary of the City Planning Commission be instructed to note the receipt of letter dated June 23, 1955 from Dr. Cole S. Brembeck, Supt., Livonia Public Schools, and FURTHER RESOLVED, that, Dr. Cole S. Brembeck, Supt., Livonia Public Schools be requested to submit copy of resolution releasing school site in Section 31; reasons for this release and designation of another site; and legal description and parcel numbers of newly designated school sites so that the Planning Commission can change Master School and Park Plan Map accordingly. The Chairman declared the foregoing resolution adopted. The secretary read letter dated June 27, 1955 addressed to Marie W. Clark City Clerk from Russell Ashmore, City Attorney regarding Louis Garofalo's Drive-In yiostaurant. Mr. Ventura stated he had discussed with Mr. Haller regarding Section 10.02 Subsection nc" and whether open-air sales refers to Drive-In Restaurant. Mr. Haller stated he has not had opportunity to look into this. Upon a motion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was #7-236-55 RESOLVED that, City Planning Commission request written opinion from George D. Haller, City Attorney as to whether or not the Drive-In Restaurant located on Lot 36, Liverance Estates Subdivision could be rightly classified as an open air sales and whether this Commission has any jurisdiction on this. The Chairman declared the foregoing resolution adopted. Upon a motion duly made by Mr. Hay and seconded by Mr. Greene, it was #7-237-55 RESOLVED that, statement dated July 1, 1955 from Albe E. Munson in the amount of $209.32 be paid as presented. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Greene, Steinhoff, Hay, Ventura and Salinas NAYS: None Upon a motion duly made by Mr. Hay and seconded by Mr. Steinhoff, it was #7-238-55 RESOLVED that, statement from The Livonian, Inc. in the amount of $75.50 be paid as presented. A roll call vote on the foregoing resolution resulted in the following: AYES: Miller, Greene, Steinhoff, Hay, Ventura and Salinas NAYS: Nbne The Chairman appointed Messrs. Hay, Miller and Robinson to attend City Council meetings July 15 through August 15, 1955. Upon a md; ion duly made by Mr. Hay, seconded by Mr. Greene and unanimously carried, it was #7-239-55 RESOLVED that, City Planning Commission request all sub- dividers submit a photostat of canvas back plats given approval by this Commission, and FURTHER RESOLVED, that the Secretary be so instructed to inform subdividers of the above. The Chairman declared the foregoing resolution adopted. It was established that a study meeting would be held after the regular meeting July 19, 1955 or Wednesday, July 20, 1955 which ever is more con- weeki venient for the Planning Consultant, Mr. Albe Munson. On a motion duly made by Mr. Steinhoff, seconded by Mr. Salinas and unanimously adopted the Public Hearing was adjourned at approximately 10:55 p.m., July 12, 1955. no linas, Secretary ATTESTED: ?/( Peter A. Ventura, Chairman