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HomeMy WebLinkAboutNV-09-0000 - Supplemental - 0059 Kirby Roadr , r-40 southburlinto PLANNING & ZONING November 25, 2009 Richard Lucia Lucia's Wrecker Service 59 Kirby Road South Burlington, VT 05403 Re: Zoning Violation Dear Mr. Lucia: This is in response to your letter of October 7, 2009. 1 have been provided information that you recently have towed vehicles to your home. Even though the towed vehicle is attached to or on the tow truck, this is a new activity which constitutes a zoning violation. As a reminder, in your letter of 2/6/2002 you state that "at no time have I ever towed vehicles to my home or deposited any vehicles on my home property" and "I will NOT tow vehicles to my home..." The towing of vehicles to your home constitutes an unlawful enlargement or extension of your nonconforming business use, and therefore, constitutes a zoning violation. Therefore, please cease the practice of towing vehicles to your home for any reason. If I learn that you have towed a vehicle to your home, I will have no choice but to issue you a Notice of Violation. Sincerely, aymond J. Belair Administrative Officer Cc: Amanda S.E. Lafferty, Esq. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com October 19'h, 2009 To whom it may concern: In response to the letter written from Dick Lucia Senior, dated October 7th, 2009. He said nothing has changed in the last 35 years. This information is incorrect. His place of business has moved several times. The last place of business was at the end of Airport Parkway. The government purchased the land and then moved his 24/7 towing business to his home. Mr. Lucia states there is one wrecker a 2007 freightliner. However, there has been different wreckers, but only one at a time over the past years. There has been a number of wreckers in the past. 1. Was a F.250 or an F350 Tow truck (like a Pick up Truck) 2. He had a Gas Engine Flat Bed 3. Then there was a bigger Diesel Engine Flatbed 4. A new 2007 Freight Liner 175 Horse Powered to a 350 Horse Powered Diesel Engine Flatbed Mr. Lucia states in his letter dated February 6, 2002 that he has never towed a vehicle to his house. I have seen him tow vehicles to his house over the past several years through he has left the car attached to his tow truck over night he has not deposited it on his property. Mr. Lucia said there has been no complaints in regards to his truck/business this is not true. Tom Juffrey a neighbor who lived across the street complained for years as well as myself. Every time he buys a new tow -truck he upgrades, and has hired help. This is expanding a business. What about residents who will buy the new houses across the street from Mr. Lucia, where Tom Juf Tay used to live? How long will it be before they complain about the noise of the truck engine, and the "beep beep" when he backs up on throughout the night? Blowing the air horn for no reason and letting the truck idle for long periods of time through out the day as well. He is in violation of the Public Nuisance Ordinance section (3) and (4). Which gives me the right to peaceful coexist in my home and lets me sleep nights. To resolve this issue just have Mr. Lucia park his trucks some other place than 59 Kirby Road. Sincerely, Post-i Fax Noe 7671 #9es�To WIA 7DateV Co./Dept. Phone # Phone # Fax # Fax # WARD & BABB ATTORNEYS -AT -LAW A Trade Name for a Professional Corporation EUGENE J. WARD, III GUY L. BABB ALLAN W. RUGGLES (VT, NY, CA) WILLIAM B. TOWLE (VT, NM) ]AN M. DEGALAN (OH Only) REGISTERED LAW CLERK: TRACY E. ERICKSON November 12, 2009 Ray Belair City of South Burlington Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 Re: Lucia's Wrecker Service operated at 59 Kirby Rd., So. Burlington Dear Mr. Belair: CLOSING COORDINATOR: DEBRA DENNY LEGAL ASSISTANTS: JANA M. MCQUEENEY TIFFANY R. PEZZIMENTI PARALEGALS: JO RICHER CATHERINE M. COLT I am writing in response to your letter to me dated September 30, 2009 regarding Lucia's Wrecker Service and the frustration and distress the Menards go through daily by having to live with a 350 horsepower diesel flatbed wrecker parked 10 feet from their bedroom window which is used in connection with Mr. Lucia's 24 hour seven day per week wrecker service. The Menards also provided you with a letter dated October 19, 2009 which addresses certain inaccuracies and misstatements in Mr. Lucia's letter to you dated February 6, 2002 upon which you based your decision that no home occupation permit was needed. Their letter also conveys their frustration at suffering through years of sleepless nights so that Mr. Lucia, or his employee, not be inconvenienced by having to drive to another location to pick up the wrecker to answer calls. The Menards are not asking that Mr. Lucia move his business, just his truck. With respect to some specific points, in his 2002 letter Mr. Lucia states that he has received no complaints from his neighbors about noise and the use of his driveway. However, as stated in the Menards letter, the Menards, as well as their former neighbor across the street, Tom Juffrey, have been complaining for years about the noise from the wrecker. In fact, in Mr. Lucia's most recent letter to you dated October 7, 2009, he now admits that "Mr. Menard has had an issue with this since 1 moved into this residence 32 years ago". Would your decision have been the same had you been informed of the correct facts in 2002? Also, contrary to Mr. Lucia's 2002 letter, in the past several years he has towed vehicles to his house. (See Menard letter). This constitutes an expanded or enlargement of use. Previously, Mr. Lucia operated his wrecker service at independent locations in So. Burlington and could deposit vehicles at those locations. Since he no longer has an independent location to drop off vehicles he apparently tows vehicles to his home at 59 Kirby Rd when necessary. This is 3068 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 O Telephone (802) 863-0307 O Facsimile (802) 863-4587 30 MAPLEVILLE DEPOT ROAD, ST. ALBANS, VERMONT 05478 O Telephone (802) 524-5718 O Facsimile (802) 524-5718 REPLY TO: SOUTH BURLINGTON OFFICE contrary to his statement in 2002 that "I will not tow vehicles to my home" and again is an expanded use. He also has an "on call" guy. On call being 24/7. This is an expansion of use since he now has an employee assisting him with his 24 hour emergency towing service. Finally, as pointed out in my clients' letter, the truck has gone from a pick up truck with a hook on the back to a 350 horsepower diesel flatbed with the business advertising in the yellow pages as a 24 hour wrecker service. This constitutes an expanded use and arguably, the size of the truck coupled with the fact that he tows vehicles to his home, now qualifies his residence as a motor freight terminal under Article 2 of the Zoning Regs. Notwithstanding the above, as pointed out in the Menards' letter, the use of the truck constitutes a public nuisance according to the City Noise Ordinance. Further, although your decision may be that the wrecker service is a pre-existing non conforming use of the property, 1 believe that the superior court would consider that issue to be a non factor in granting the Menards an injunction preventing Mr. Lucia from parking his truck in any location which disturbs the Menards' right to peaceful enjoyment of their property, especially since Mr. Lucia doesn't need to park the truck on his premises in order to operate his business. In weighing the equities, I believe the court would easily find in the Menards' favor. However, I was hoping not to go that route, since the solution seems equally within the jurisdiction of the City of South Burlington, that is, require Mr. Lucia to move his truck to a location where it doesn't disturb the Menards. I look forward to your response. i 7Sin ]an W. Ruggles, cc. The Menards Sincerely, Allan W. Ruggles 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 O Telephone (802) 863-0307 O Facsimile (802) 863-4587 30 MAPLEVILLE DEPOT ROAD, ST. ALBANS, VERMONT 05478 O Telephone (802) 524-5718 O Facsimile (802) 524-5718 REPLY TO: SOUTH BURLINGTON OFFICE February 6, 2002 )) CITY OF SOUTH BURLIN� l ON 575 Dorest Street South Burlington, VT_ 05403 Dear Mr. Balier, In regards to the letter I received on January 25't, let me give you a brief history of my business. In 1964, 1 started as a mechanic working in my father's Texaco service station on Williston Road in South Burlington. In 1972, 1 took over my father's business and in 1973 we changed the name to "Lucia's Chevron". In that same year, I bought a tow truck and 1 parked it in my driveway at 1412 Airport Drive at the end of each day. In 1978, we again changed our affiliate and our name to "Lucia's Sunoco", and it was'this year that I moved my family to our new home at 59 Kirby Drive in South Burlington_ In the years to follow, we've closed the service station and I opted to work as a self-employed mechanic renting space from Williston Road Citgo, Avis Rent -a -Car, and a garage rental on Airport Parkway. I continued to use my tow truck as a wrecker service during those years_ Although for the past 28 years I have operated a business as a mechanicitowing service in various areas of South Burlington, my towing service has always been "Lucia's Wrecker Service" and I have been widely used amoung the residents of the city and surrounding areas. From my business' locations on Williston Road & Airport Parkway my towing service has always been mobile. During these many years, I parked my tow truck in the driveway of my home about 80% of the time when I was not at work. The South Burlington Police and Vermont State Police called my home on a regular basis requesting my services for accidents and abandoned vehicles during off business hours. However, at no time have I ever towed vehicles to my home or deposited any vehicles on my home property_ Customers never came to my house to pay towing or mechanic bills. During the 22 years at 59 Kirby Road, I've received no complaints of noise or unsightly traffic from our neighbors about the use of my nve�wayior`due-Fo iiie o1f6usmess— hours my low rfi uc has come and gone for service requests. We are good friends with the people aroundus, an( within reason we intend to keep it that way, In the Fall of this past year, I retired my business as a mechanic hoping to continue my towing service as my sole source of income. My tow truck would continue to be parked in my driveway and I would continue to receive calls at home or on my cellphone for tow truck requests. I will NOT tow vehicles to my_home or deposit them on my home property, and arrangements for payment with customers would continue to be made on the phone or at the location where I would tow their vehicles. 615' I'll be 6O years old this year, and given the circumstances of my past, I would hope you'd understand the reasons why I've parked my tow truck at home. I look forward to your decision. Please feel free to call me at 864-1853 if you require more information or additional explanations. Thank You 01 Richard Lucia Lucia's Wrecker Service 1 OCT-9-2009 11:04A FROPI:CITY OF SOUTH BURLIN 8028464101 TO:96602552 P.1 October 7, 2009 i^tichard J. Lucia S(. 59 Kirby Road South Burlington, VT 05403 -3ouin uunington Planning & zoning Attn: Raymond J. Belair 575 Dorset Street swn turlington, v 1054u3 Dear Mr. Belair, 1 am responding to your letter that was sent to me on October 2, 2009. In reference to a complaint indicating that I have extended my wrecker business, nothing has changed in the last 35 years. Here are the tuii details of my towing business that you requested: A There :s one wrecker a 2007 Frelghtliner 8, Hours of operation the same as the past ``on can' C. I do have an "on call guy" D. I have an office in my home that I use for billing, faxing etc. Like 1 said nothing has changed in the past 35 years and it is time to put this complaint to rest. Mr. Menard has had an issue with this since i moved in to this residence 32 years ago. I keep to myself and i respect my neighbors. 1 would greatly appreciate It if you could have someone come over and personalty see my residence and take a took at my tow truck and than take a look Mr. Menards residence with his salvage yard located In his backyard. The bottom tine is I just want to be able to do what i have done for the past 35 years. it you new anyining Turmer trom me please teal tree to contact me. Sincerely, hard J. Lucia Sr. Post -IV Fax Note 7671 Dale O c # ofVi To From Co.)Dapt. Co. Phone # Phone # Fax # Fax 9 OF SOUTH BURLINGTON i PUBLIC NUISANCE ORDINANCE The Council of the City of South Burlington hereby ordains: Section 1. Authority. This ordinance is enacted pursuant to the authority granted to the City to promote the public health, safety, welfare, and convenience contained in 24 V.S:A. §2291, and §104 of the South Burlington City Charter. This ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Section 2. fne 1 Definig2us As used in this ordinance: "City" shall mean the City of South Burlington and/or its duly authorized agents or employees. "Person" shall mean any natural person, corporation, municipality, the state of Vermont, or any department, agency or subdivision of the state, and any partnership, unincorporated association or other legal entity. "Public place" shall mean a place where a governmental entity has title to or which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation structure, facility or vehicle, school, place of amusement, park, playground or sidewalk or to the doorways and entrances to buildings or dwellings, or grounds enclosing them thereupon Section 3. Purpose. It is the purpose of this ordinance to preserve the public health, safety, and welfare by prohibiting. general nuisance behavior which is unreasonable or unsuitable for a particular time and place, and which, consequently, is detrimental to the peace and good order of the community. It is the goal of this ordinance to allow all persons of South Burlington to peacefully coexist in a manner which is mutually respectful of the interests and rights of each other. Typically, nuisance behavior disrupts the pubkc peace and affects the quality of life within the community. Section 4. Excessive Noise. A. Purpose. The purpose of this section is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this section to allow all persons of our city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others. OCT-9-20 9 11:04A FROM: CITY OF ._, IIJTH EURLIN Oa23+--.4101 TU:9F,r,02552 P. 1 October 7, 2009 Richard J. Lucia Sr. 59 Kirby Road South Burlington, VT 05403 South Burlington Planning $ Zoning Attn: Raymond J. Belair 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair, I am responding to your letter that was sent to me on October 2, 2009_ In reference to a complaint indicating that I have extended my wrecker business, nothing has changed in the last 35 years. Hero are the full details of my towing business that you requested: A. There is one wrecker a 2007 Freightliner B, Hours of operation the same as the past `on call" C. I do have an "on call guy" U. I have an office in my home that I use for billing, faxing etc. Like I said nothing has changed in the past 35 years and it is time to put this complaint to rest. Mr. Menard has had an issue with this since I moved In to this residence 32 years ago. I keep to myself and I respect my neighbors. I would greatly appreciate It if you could have someone come over and personally see my residence and take a look at my tow truck and than take a look Mr. Menards residence with his salvage yard located in his backyard. The bottom line is I just want to be able to do what I have done for the past 35 years. If you need anything further from me please feel free to contact me. Sincerely, Richard J. Lucia Sr, Post-W Fax Note 7671 D81e o pa age To From Co.)Dept. Co. Phone # Phone # Fax # Fax # r � HWe southburlington CY PLANNING & ZONING October 2, 2009 Mr. Richard Lucia 59 Kirby Road South Burlington, VT 05403 Re: Towing Business Dear Mr. Lucia: It has come to my attention that you may have extended or enlarged your nonconforming towing business use at 59 Kirby Road. Please be advised that the extension or enlargement of a nonconforming use may not be permitted under the City of South Burlington Land Development Regulations. Please put in writing to me a detailed description of the towing business, including a description of all non-residential activities, the equipment or vehicles that you use and the dates that you added the equipment or vehicles to the business, the hours of operation, how large an area in your home or on your property that you use for the business activities, the number of employees, and any changes to your business activities and operations since February 2002. If you have questions, please feel free to contact me. Sincerely, R, Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburl.com I T FIRA, southburlington PLANNING & ZONING September 30, 2009 Allan W. Ruggles, Esq. Ward and Babb 3069 Williston Road South Burlington, VT 05403 Re: Lucia's Wrecker Service — 59 Kirby Road Dear Mr. Ruggles: Thank you for your letter of Sept 23, 2009. Based on a letter from Mr. Lucia describing the history of his towing business, I issued a written determination in February 2002 that the use of his residence at 59 Kirby Road for his wrecker service was a nonconforming use. You state in your letter dated September 22, 2009, that you dispute this determination, but you do not provide any basis for this statement. Unless it is demonstrated that any of the material facts in Mr. Lucia's letter, dated February 6, 2002, are incorrect or otherwise misrepresented, or that Mr. Lucia has enlarged or extended the nonconforming use without needed approvals, I am not aware of any provision in the Land Development Regulations that requires that Mr. Lucia obtain a permit. 1 Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 1 E EUGENE J. WARD, III GUY L. BABB ALLAN W. RUGGLES (VT, NY, CA) WILLIAM B. TOWLE (VT, NM) IAN M. DEGALAN (OH Only) REGISTERED LAW CLERK: TRACY E. ERICKSON September 22, 2009 WARD & BABB ATTORNEYS -AT -LAW A Trade Name for a Professional Corporation Ray Belair City of South Burlington Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 Re: Lucia's Wrecker Service operated at 59 Kirby Rd., So. Burlington Dear Mr. Belair: CLOSING COORDINATOR: DEBRA DENNY LEGAL ASSISTANTS: JANA M. MCQUEENEY TIFFANY R. PEZZIMENTI PARALEGALS: JO RICHER CATHERINE M. COLT I have been retained by Paul and Linda Menard, neighbors of Mr. Lucia's at 57 Kirby Rd. in So. Burlington, in order to notify you and complain of the public nuisance noise issues resulting from Mr. Lucia's operation of a 24 hour wrecker service from his home at 59 Kirby Rd. which appears to be an unauthorized home occupation. In connection with his business, Mr. Lucia parks his flatbed wrecker in his driveway in this residential neighborhood where the houses are situated fairly close together. In fact, the Menard's bedroom windows are located about ten feet from where Mr. Lucia's flatbed is parked. As such, they are constantly being disturbed and awoken at all hours of the night by the sound of the ignition and idling of the heavy duty truck engine. Additionally, the noxious exhaust fumes from the truck permeate into their bedroom and lingers there long after the truck leaves the driveway. These are not occasional disturbances. Mr. Lucia advertises his business in the yellow pages as a 24 hour emergency towing service and based upon the number of times the Menards are awoken in the middle of the night, he receives many calls. It is my clients' understanding that formerly Mr. Lucia's towing service was ancillary to other businesses he operated at different locations in South Burlington and that he would throughout the years park his tow truck at his home after business hours and would respond to service calls from the State Police or So Burlington Police. However, this is a far cry from operating a 24 hour flatbed wrecker service from his home driveway without a permit to operate a "home business". I also dispute that it is a pre existing use. Further, the engine noise and exhaust from the wrecker violates A.3, A.4 and A.5 of the City of 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 4 Telephone (802) 863-0307 O Facsimile (802) 863-4587 30 MAPLEVILLE DEPOT ROAD, ST. ALBANS, VERMONT 05478 O Telephone (802) 524-5718 O Facsimile (802) 524-5718 REPLY TO: SOUTH BURLINGTON OFFICE E South Burlington performance standards. The noise from the engine also violates Section 4 paragraph d. of the Public Nuisance Ordinance and other provisions of the ordinance. My clients have complained to Mr. Lucia and asked him on many occasions to move the truck but to no avail. My clients do not wish to prevent Mr. Lucia from earning a living. However, he doesn't need to park his flatbed tow truck in his driveway, which again is about ten feet from my clients bedroom window, or in front of his house in order to conduct his business. It is simply more convenient for him to do so. On the hand, my client's cannot pickup and move their home to get away from the constant early morning wake up calls and obnoxious exhaust from Mr. Lucia's heavy duty flatbed which is adversely effecting their health and welfare. I will be contacting you to follow up on this letter and to discuss resolution of these issues. Sinc lIan W R gles cc: Paul Menard 3069 WILLISTON ROAD, SOUTH BURLINGTON, VERMONT 05403-6044 O Telephone (802) 863-0307 O Facsimile (802) 863-4587 30 MAPLEVILLE DEPOT ROAD, ST. ALBANS, VERMONT 05478 O Telephone (802) 524-5718 O Facsimile (802) 524-5718 REPLY TO: SOUTH BURLINGTON OFFICE DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January z5, zooz i.: . -chard i.ucia 59 Kirby Road South Burlington, Vermont 05403 Re: Home Occupation Bear Mr. Lucia: I;: has co me .o my attention that you have begun. :perating a Ytoni-, bzt_ xt :ss. consisting of a towing service from your home at 59 Kirby Read. 'Pleas* `,e advised th.;a to operate a:-iy home business, you must obtain a Cev if :-a€e of' Occupancy/Compliance (C.O.). Please put in writing to me a detailed description of the business and what activity will take place in the home, how large an area in the home will be used, number of employees, whether the towing vehicle will be parked on the property, etc. Once I have reviewed the description of your business, I will make a determination of whether your home business qualifies as a Home Occupation under the South Burlington Zoning Regulations. If it qualifies, I will issue you a C.O. upon payment of a $io fee. If you have questions, please feel free to contact me. Sincerely; f- �mnJ aydd J. «tB///elair Administrative Officer Td February 6, 2002 CITY OF SOUTH BURLINGTON 575 Dorest Street South Burlington, VT. 05403 Dear Mr. Balier, In regards to the letter I received on January 25tt, let me give you a brief history of my business. !n 1994, 1 started as a mechanic working in my father's Texaco ser pica station on Williston Road in South Burlington. In 1972, 1 took over my fathers business and in 1973 we changed the name to "Lucia's Chevron". In that same year, I bought a tow truck and I parked it in my driveway at 1412 Airport Drive at the end of each day. In 1978, we again changed our affiliate and our name to "'_ cia s Sunoco", and it was thr;; year that I r-,.ved my fai lily to our new home at 59 Kirby Drive ;r, '')c`h i;urlingto:r. In tiia years o fol;ow, we've closed the service station and I opted ;o work as self-employed mechanic: renting spJ ,ce m.—r Willi:?i:,i Road Citgo, Avis Rent -a -Car, and s garage rer: ai on Airport Parkway. I continu:;d to use my tow truck as rreckcr service during thos ye�lrs. Although for the past 28 years I have operated a business as a mechanic/towing service in ,rir:.: are-f?s of South Burlington, my towing service has always been "Lucia's Wrecker Service" an,? : ! av4- bec.n widely used arnoung the residents of the city and surrounding areas. From- rr)., iJL� louFtons on `_Ivilliston Road & Airport Parkway my ta,viri service has always been mobile. During thebe many years, I parked my tow truck in ill driveway of my home about 80% u tiro tint. when i was riot at work. The South Burlington Pc;;, ano Vermont State Police called my h:Jn-:e on a regular basis requesting my services for accider:'_s and a:.,:andoned vehicle, during of tn.iC n hculs. ;:--Plever, at no time have ` r: ar towel vYrrcle., to -ny home or der(-s•*ed ar-y iroperty. Customers never, came tc my House to p_iy 'owing or bill During the 22 years at 59 Kirby Road, I've received no complaints of noise or unsightly traffic from our neighbors about the use of my driveway or due to the off business hours my tow truck has come and gone for service requests. We are good friends with the people around us, and within reason we intend to keep it that way. In the Fall of this past year, I retired my business as a mechanic hoping to continue my towing service as my sole source of income. My tow truck would continue to be parked in my driveway and I would continue to receive calls at home or on my cellphone for tow truck requests. I will NOT tow vehicles to my home or deposit them on my home property, and arrangements for payment with customers would continue to be made on the phone or at the location where I would tow their vehicles. G�5 I'll be Q6 years old this year, and given the circumstances of my past, I would hope you'd understand the reasons why I've parked my tow truck at home. I look forward to your decision. Please feel free to call me at 864-1853 if you require more information or additional explanations. Thank You, Richard Lucia Lucia's Wrecker Service OUCH gUG LIMGTpa �y 1 9 9 aNf04 row; �pw0N CITY OF SOUTH BURLINGTO_ F(-_ )Tuaty 12, 2002 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 riai. Lucia eck:er Service S9 i�irby i<oad Soi3f-:, B,Ar"-";:gton, Vermont 03403 Re: Dear N".r: Luc..ia: Thank you for your letter of February 6, 2002. Based on your history of using your residetxc,_ for the wrecker service, I conclude that your use is pre-existing and does not require approval. If you discontinue this use for more than six (6) months, you will lose the right to continue the use. Thank you for your prompt response. Sincere l Raymond J. Belair Administrative Officer Td