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HomeMy WebLinkAboutSHEPPARD, LESLIE i yn� f0i AR Z �.,,• '� Any , ._ TOWN OF NORTH ANDOVER C 3w p E` OtiCe MASSACHUSETTS in the Oljje of the Town: Clerk. BOARD OF APPPEALS * * * * * * * * * * Petition of: * Petition # 50 - 87 * Leslie & Constance Sheppard* 170 Great Pond Road DECISION * The Board of Appeals, held a public hearing on March 10, 1987 upon the application of Leslie D. & Constance Sheppard requesting a variance from the requirements of Section 7, Paragraph 7.1 and Table 2 of the Zoning ByLaws so as to permit the con- tinued existence of two (2) lots in an R-2 zone, one of which is present undersized due to rezoning. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, William Sullivan, Walter Soule and Anna O'Connor. The hearing was advertised in the Lawrence Eagle Tribune on February 23 and February 28, 1987 and all abutters were notified by regular mail. The petitioner through councel presented evidence showing that the lot was in existence prior to the rezoning of the parcel to a larger lot area. The petitioner purchased the property in October 1981 with the lot shown as a seperate lot on a reco;ded plan. The lot is consistent with other lots(similar size) in the area. particularly in an adjoining subdivision. The request is to allow the lot to be a buildable lot by the requested variance. Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board voted to GRANT the variance as requested. Mr. Sullivan was opposed to this motion, all other members in favor. The Board finds that the lot size is of such a shape that it cannot be increased by the purchase of adjoining land, and but for rezoning, the lot would have been a buildable lot. In light of the foregoing the Board finds that the provisions of Section 10.4 of the Zoning ByLaw have been satisfied, in particular that because of the size and shape of the lot, that a substantial hardship exists. In granting the variance, the Board finds that the intent and purpose of the ByLaw is being uphled and is not detrimental to the public good. Dated this 19th day of March BOARD OF APPEALS �-J a Frank erio, r. C- Chairman /awt l7 � pDl l E R, •F�• /NIIN. •i'� f•• rasa , 04MAR t� TOWN OF NORTH ANDOVER r� 11�%13 MASSACHUSETTS \ ri a ^2 - Ne BOARD OF APPEALS �G �, �� ° +ti NOTICE OF DECISION CXPO" Leslie D. Sheppard & Constance M. Sheppard March 11, 1987 170 Great Pond Road Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . North Andover, Ma 01845 87-50 Petition No . . . . . . . . . . . . . . . . . . . . . . Date of Healing. . . . . .March 10, .1987 . . . . . . . . . . . . Petition of . . . . . . .Leslie D. & Constance M. Sheppard Premises . . . . . . . . . . 170 .Great Pd. Rd and adjacent lot affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the Section 7. baragrabb 7.1 znd Table 2 of the Zoning Bylaws so as to permit . .the. continued. existence of two lots in an R-2 zone, one of which is. presently, undersized,,• ,due; to• rezoning.: : . . . . . . . . . . . . . v. . After a public hearing given on the above date, the Board of Appeals voted to . GRANT. . . . the . . . . . .uarianc.e . . . . . . . . . . . . . . . . . . . . . XX#JkjJftW. . . . . . . . .AS. REQUESTED. . . . . . . . . . . . . . . Vote as follows: Mr. Serio, Mr. Frizelle, Mr. Soule and Ms. O'Connor in favor Mr. Sullivan opposed S' ed CJ Frank _Serio-,. Jr , . Chairman. . • • • • • • • • • . Alf-red -Frizelle, •Vice-chairman • • • • • • William Sullivan. . . . . . . . . . . . . . . . . . . . . . Walter Soule. . . . . . ... . . . . . . . . . . . . . . . . . . Anna O'Connor. . . . . . . . . . . . . . . . . . . . . . .. Board of Appeals �..._1 _� A .1 Oa Hgliti. OFFICES of : 04 TOW❑ Of I ate ti�aln Street NORTH ANDOVER """"`'hu APPEALS ;� .,'.�. `h{ 1SS:1ChlISt ttS(11F 184 7) BUILDING },w7ia•s d °s., Huse` DIVISION OF (d�1;r)f3R�i4Z75. CONSERVATION HEAL:ITH PLANNiNG PLANNING & COMMUNITY DEVELOPMtNT h KAREN H.Y. NELSON, DIRECTOR v87 MEMORANDUM To: Frank Serio, Jr . Board of Appeals From: Karen Nelson, Director Date: March 13, 1987 Re: Sheppard Variance Lot B Great Pond Road Per our telephone conversation today, I would like to convey to you the following information concerning the variance granted by your board concerning the Sheppard' s undersized lot in the Watershed District located at the corner of Great Pond Road and Fox Hill. After to listening to the Sheppard' s representative at your meeting , I did some research to determine the actual date the lot was created and under what circumstances. Below I have listed the chronological dates as they relate to the Fox Hill Subdivision and Lot B. 9/18/79 Form A Plan of Lot B Withdrawn by John Tuttle ., developer for Fox Hill (see Planning Board minutes) . 9/24/79 Form A Plan same as above withdrawn (see minutes) . 9/25/79 Form A resubmitted by owner , Helen Collins by developer John Tuttle. Under Mass. General Laws, a Form A lot is protected from zoning' amendments for a three year period' from the 9/25/79 submittal date. 3/18/80 discussion with Planning Board to rezone the Fox Hill area from r-3 to r-2 due to potential erosion problems to Stevens Pond and to protect Watershed (see minutes) . * 4/15/80 preliminary subdivision plan submitted. . 4/26/80 Town Meeting rezones property to Residential 2 (see attached warrant) . i ) . 6/80 Definitive subdivision plan submitted. . 7/80 Definitive plan conditionally approved. H.S.H Realty Trust which is the same as Sheppard purchased the properly from Little Beaver Construction .or John Tuttle in 1983 , not 1981 as stated at ' the hearing. The lot was never considered a buildable lot at the' time he property since Lot B los ad p zoning Sheppard purchased turchased protection on September 25, 1.981. Even if Sheppn the property in October of 1981, the lot was not a buildable , lot at that time either . Based on the fact that the variance was granted under the information submitted that the lot was a buildable lot at the time Sheppard purchased the property. From what I that argument aveltesee e r the documents do not seem to Supp ort advisable to review these documents with the other members of the board and that a reconsideration may be in order . 216. enc. � c Paul D. Sharon, Town Manager F a. crn ®s-:0 CoLn r CO „ September 24, 1979 - MONDAY Repular Meeting NCn ✓ 'VE The PLANNING BOARD held.a regal�{( hl meetin, on Monday evening, September 24, 1979 at 7:30 P.M. in the Town Office Ment lg me following members were present nand voting: William Chepulis, Chairman; John J., Montero, Vee—Chairman; Joyce A. DiTore; and Michael P. Roberts. PRELIMINARY PLAN DISCUSSION: .WILLOW INDUSTRIAL PARK —Robert Regan, The Willows, appeared before the BOARD to discuss the proposal which consists of 60,1 of the total i holds. Th work will be done in two phases; the plAn shows a temporary ks land that Ye Public Wor , Q Board of Pu turn-around; lots C ,. D , & E are sold. Regarding: the letter from Regan stated that the sewer tie-in includes the industrial park, the professional park, and every abutter within 1 mile and they already have a permit that was granted-last winter for 90,000 gal. He will .submit copy of this permit with his definitive submittal, as requested. Letters from Fire Dept. and Highway Surveyor were 'read. Member Monteiro made a motion to take the matter under advisement.. iSr. Roberts seconded and the vote was unanimous. The Subdivision Control Subcommittee will walk the site on Oct. 13th. PLANS NOT REQUIRING APPROVAL: 0004�1 ^ DANIEL MURPHY Great Pond Rd. & Pleasant St. — plan dated Sept. 17, 1979• ?fr. Murphy's signature not on the form. Mr. Roberts motion was not to art on this due to the fact that the signature of the owner was missing. Mr. Tuttle withdrew without. prejudice. Will be turned in with proper signature for next meeting'. 2 — R. A. WATSON, Forest St. & Missile Site Rd. ”— plan dated Sept. 19, 1979, subdivided into 4 lots (A, B, C & D). Mrs. DiTore asked what the purpose ofthe Roberts£tbmnttal is Scott Follansbee stated that it is for mortgage purposes. Mr.motion that the plan of land located in N. A. , Mass. be endorsed as not requiring approval unAr subdivision control law. DiTore seconded and the vote was unanimous. 3 — 'CHARLOTTE VIET, Bridle Path — plan dated Aug. 15,-1979; lot line change for convey- ance purposes; plana show lots 24A & 25AI;. owner's signatures not on the planSova St, PiSusan erre, Planner, to check on ownership. Plan endorsed as not requiring app under subdivision control law subject to owner's signature: Secret ai Coto. 'p;>lic<1nt and owner were found to be one and the same ao plan could be endor--ed. (IDANIEL MURPHY, Great Pond Rd. — same procedure as previous Murphy plan. Tuttle thdrew without prejudice. GALLS CROSSING II DEFMTI9E PLAN Notion made by Mr. Monteiro to approve ISION: IN , ions las that con— the recommendations p r s noted on:Planners reaarnm the definitive plan with conditions a n struction shall be completed within 3 years of the starting date which shall be.withi9n 2 years of this date. Mr. Roberts seconded. Letter from Con.Com. dated Sept. 14, 179 was read by the Clerk,regarding drainage and elevation. After the letter was read Mr. Cyr commented that we are going to start having conflicts between the Con.Com. and the drainage. He did not agree with everything they said. These retention ponds have not worked yet, he said, and they are nothing more that a good conversation piece. He felt that all drainage elevations should be taken frau the existing flows on the particular site. Follansbee, developer, stated that they agreed to meet the 104.5 of the Con.Com. D�rr; sid he would recommethe nd the 102.' The BOARD concurred that it does not theyCon.Com.ght to set a precedent here because an Order of Conditions has beenissuedby t October 9, 197 OAS Rept?laT I•.eetln�­ is Ya < . NOR The PLAI•IIIING BOARD held a 'regular monthly meeting 4on I�huesday evenin.g, October 9, 1979 at 7:30 P.N. in the. Town Office Meeti wing member-- here present and voting: l•Iilliam Chepulis, Chairman; John J. Monteiro, Vioe-Chairman; Joyce A. DiTore, Michael P. Roberts; and '1'aul A. Hedstrom, Clerk. TIE BOARD HELD AN LXECUTIVE SESSION WITH TOWN COUNSEL RE HARDTCOURT ESTATES LITIGATION AT 7 P.Id. AND TI0 REGULAR M4M INC. CO ,Ib AT 7:50 P.M. PLANS NOT REQUIRING APPROVAL: 1 IM-LETI COLLINS, Great Pond Rd. & Pleasant St. : Scott Giles and John Tuttle present. is is a re-submittal from last meeting; oorrections have been made re zoning; districts and ownership. Continued later on in meeting. QUAIL RUN: a) Roadway -'letter from Tuttle read re Hares property; paved section of road will not. be centered on the right, it will be shifted over. Motion by Mrs. DiTore to grant the request in accordance with the numbers contained in the letter. .111r. Monteiro seconded and the vote was unanimous. b) Bond Release - letter dated Oct. .4t 1979 was read by the Cha:irman; ]ott(-.r from BPW also read recommending release of $18,000 for water construction. I-lotion by Roberts to release 318,000 as outlined in BPW letter. Monteiro :seconded and the vote was unznimous. GREENWOOD iJEST: BOND RELEASE - Ben Osgood told the membership that it is not completed. Roberts made a motion to table the matter until the next meeting. Second by DiTore; unanimous vote. CARLETON FARMS (Cricket Lane): Request for Bond Release dated Sept. 18, 1979 - Ben Osgood stated that scarification of the gravel was done. Motion by Robertb to take up at the next meeting. Second by Monteiro, unanimous vote. PADDOCK ESTATES "AS BUILTS" - letter from Highway Surveyor was read. Cyr has not inspected the "as built" drainage as yet, he said, and as far as the plan goes it is a better citua- tion than it was originally. Mr. Roberts then made a motion that the ."as built" plans be approved per letter from Mr. Cyr dated Oct. 21 1979. Mrs. DiTore seconded and the vote was unanimous. COMPLETION DATE: new completion date was set for Nov. 1 , _1980 per mutual agreement between Scott Pollansbee 'and the BOARD per motion of Monteiro, second by DiTore; unanimouv vote. CONNECTION ET1 - I BRIDLE PATIi AND TIMBER LANE: John Tuttle stated that lie would like to connect and asked Mr. Cyr if he would prefer just the binder through the winter with finish coat in the spring, or to have it all done now. Cyr answered that all the drainage is in and it could be completed with binder and finish coat ,now. Motion by Roberts to so notify Tuttle in writing that the" Highway Surveyor isinagreement with.the completion ofthe connection and roadway and per his reoommendation the BOARD it; approving the connec- tion of the roadway at this time. Second by Monteiro and unanimous vote. llinutgs of March 19 - Sept. 10, 1979: Motion by Monteiro to accept. Second by Iledstrom and unanimous vote. WINTER "HILL ESTATES: a) Revised Profile - request of Highway Surveyor has been done. and unnnmou� vote. Motion made by Monteiro to accept the revision. Second by Hedstrom < NO RT L4 • I..n. 1`1111_j F.14.14 n.- NM PO1 h-3i to R-.2 nAlMf DFD BY Cy1 T FCI:•DT?',.r+T, J:y . la.: '^ils ether • reprecetted oPt$ , dbtatri.4ro;ot!�l: F,:,u,cr.:tr,i :t',�,.:•.�.rtt,ih.ey.c , - conceit: for waltershed, Steven:; Forel -- ha re` 11'r-1 oil c�ilir i,; t.ot'r tl,+_ Pari, and the Lal:c;:'i1hi;•ll heiglitcrjc 0111, awareness of.•tlhe of develo,.:rc;at i,: t'i:t fielr'.. It :Mould be unwi:e of the Town to not `watch: for the,p rtential Aanocr Poria irr addition to the LaOke aa''f it as subsurface and' rrtlrface drainat e � o + r so;.o-r. An, additional traffic or substantial increai qo in traffic :•ril. I) . r: ,lc :: because the. Steven- Pond area in a recreational area and most of t e ele :+'!' tk or ride bin.t, Wand fromi alno, any exit road thnit mijit Y.a �nrn .rx:r,? l , - on the hill or onto Great Pond Rd. would be a problem. Character of t•:c :11 the land around the Lake and Stevens Pond i:; ^-2 1 itL rile excelitio:h ct '.illprr .a another small piece; it is essentially an open ,pert of the Tonal, it z : :_o. ;t zli of life; land value.-, it isa worthwhile thing to have. Iledstra:: are Form A lots which have already been approved within this area., ,:� c' -.'Tat uc--.:ic' tLc: net effect be - Fritz Ostherr: . it depends, on whether or not the deNjr,1 +.ser develocment of the Form A lots. Chepulis commented that a small portion, Of is in an P-? district already'. There are '16 interior lot^ that wool, John Tuttle stated that he found it ironicthat Fritz, after would propose this: when it is in his backyard. I am donating :a tri, z: lu: to + the Town, he continued, giving Buddy Cyr the corner, talking; to thy. Cor:. Co!,�. -00 on- the Lake, and what person has ever done all that? ?ike ;chrna ars'. ea if Ile understood correctly that Tuttle underf: c ut^ loss. He •rias told th_,.t the preliminary plan has been submitted and 'tic •rc ioc=: is '1�:,:Sri ,'r; this is dre pr000zz:. l:etion then mado by Iledctrom to tale the ra:_,ttc seconded by Di^oro and unanimous vote. r,:,:.S ::aT RL. .,l:I�.I,.,: .:. . .,cvAL:. 1 - I;ILLC,; II 0=21AL PARK, off Rte. 114. plan dated 2-20-30; the found to be in error along the back line so there are eome numerical in len�;tlh and distance. Road called Flagship .Drive. Lot lines have been ra' i::,? i. Di'or_-- inquired r;hy the old lot lines were not shown .on the plan there iN -.,n or ,ttrotlher lot, '!ti", which is part of the remainder of land after subdivi<ao:: Chepulic noted that lot "D " should remain "D" because it did not ch-tn;,e.' D Tore a motion to endorse as not requiring approval tinder subdivision control Til ::utrj,:ct to the r•evic ion., sub osted on lots D' and F' , plann to be i;'nod when cls.::,.• ^ lid : . 'F Second L-y Ifeestron,, and unanimous vote. BOND Al•lobITT ON SUBDIVISION SION CALLED "WILLOW INDUSTRIAL PARI:": Vinni r � .r o t1:-:t the BOARD accept an amount for the bond and letter of rer.;h.e-t w c rewP:. 'Int ions IIedstrom to approve a bond amount of 396,000. for water, Fewer and rold com: ruction (31211M. "' $77 , „ - watr_r; 5:,0�. — sewer; $7,500, -- road). _�ecretlri to ':,d "ut'-r to bank detailin thio amounts. Second by DiTore and unanlmolrc vote. IrE I!:0-or.1. .'r'C'.r;Uf tf:•� letter to Ccn.Co.m. regarding construction in the wet are.;. orf Rte. 11.?.' 2 - Il NCII1-UPLK CONSTRUCTION, Winter St. : plan. dated Jana 19, revised Fcue. 2q -c :lar._ 1q, 1930; Scott Giles representing reminded members that certain things had 'r�e,n requested to be placed on plan by Mr. Roberts such as, topography and drainage pine under So. Bradford St. and have ,been so done. ; There were. two representatives of the Gas. Co. present for fielding questions about the gas line issue, I:Iessers Woodburn' and O'Connor. Plan shows lots 1-12 and their intention is to provide gas for this t)articular do eloper. It ii not their intention 'to be concerned about other people on the otreet inasmuch ae ihis'.'gentleman iS paying for the gas to be ,installed. It is perfectly :;afe. Hedstrom commented that it is probably less expensive to rum them at the back of the lot_,' but it the BOARD'S contention that it is safer -to run the lines doh.^1 the street. .i ' 191 open Space Land A minimum of 25% of the gross site area shall be set aside for DAN, I ;,e open space land.The use,management and procedures related TOW ` to open space land shall be as provided above under Section NOR R. (g). (c) The Planning Board may, in appropriate cases, impose further . MAR 16 9 52 AM f87 restrictions upon tfie tract, or parts thereof, as a condition to granting the special permit. (d) In connection with, an application for a special permit under this section, the. Planning Board shall submit, in writing, its recommendation and report.The Planning Board may supplement its report atter the hearing.The report of the Planning Board shall include as a minimum: (11 a determination of the area of the tract"usable for residential construction": (21 . a determination of the number of lots upon which dwellings could be constructed without regard to this section; (3) a general description of the neighborhood in which the tract lies and the effect of the plan on the area (4) the relation of the plan,to the Comprehensive Plan of the Town: (51 the extent to which the plan is designed to take advantage of the natural terrain of the tract; (6) the extent to which the proposed Open Space Land is of a size and shape and has adequate access to benefit.the Town; (e) Any condition set7orth herein requiring a minimum lot area or frontage or other dimensional requirement shall not limit the right of the Board of Appeal to grant a lawful variance therefrom. Petition of Benjamin C.Osgood and others ARTICLE 98.To see if the Town will vote to amend Its Zoning By-Law and It is recommended that the Town vote to Zoning Map by changing from Residence 3(R-3)to Residence 2(R-2)that parcel of ADOPT this article. ` ,Q land bounded by Great Pond Road,Stevens Street,and Pleasant Street. / J z GL Petition of Dennis J.McManus,Jr.and others J ARTICLE 99. To see if the Town will vote to amend its zoning by-law by itis recommended that the Town vote to ap- changing the zoning map of the Town to include the parcel of land hereinafter prove this article. described with the I-3 District: A certain parcel of land shown as Lot 5 on a plan entitled"Plan of Land,North ,e Andover, Mass., Scale I in. equals 100 ft. Jan. 5, 1970, Harry R- Feldman, Inc., Surveyors, 246 Summer Street, Boston, Mass. Being a Subdivision of Case No. 8N4A"and bounded and described as follows according to sold plan which is to be l l filed with the Land Registration Office, Essex North District'Registry of Deeds, (f� Herewith: Beginning at a point at the Southwesterly corner of the premises at land of the Boston and Maine Railroad,thence runningN4.17.15 E a distance of 36025 ft.by land of said railroad, thence running NI"5.48W a distance of$63.18 ft.by land of said railroad,thence running NI"546W a distance of 2043.04 fL by land of said railroad, thence running by a curve line having a radius of 1875.50 it.a distance of 1184.92 ft- by tby land of said railroad to a point of land of the Inhabitants of the Town of North A9idover,thence running S58-11.43E a distance of 2327.07 ft.by land of the Lawrence Municipal Airport (City of Lawrence) thence running S38-14-04W a distance of 2654.50 ft. by land of the Lawrence Municipal Airport (City of Lawrence) thence running S4-17-35W a distance of 578A7 ft.by land of the Lawrence Municipal Airport (City,of Lawrence) to a point of land now or formerly of Charles T. Matses, then. running Westerly by land of said Masses 40.11 ft. to the point of beginning. Containing 85.950 acres according to said plan.Being part of the premises owned by the City of Lawrence and described in Certificate of Title No.2007,filed with the Land Registration Records, Essex North District Registry, Book 14, ge 29 y Petition of Raymond Mahoney and Others 69 r r LW, Qq. p1 tj I -J ARTICLE 100. To see if the Town will vote to amend its Zoning By law by Unfavorable action is recommended on this adding to Sec.4.131 Industrial 3 District,the following use.,,, , , m article. t f� (7)Private Sanitary Disposal Sitefe I Petition of Theodore J.Meadows and others ( ARTICLE 101.To see if the Town will vote to amend its Zoning By-law by Unfavorable action is recommended on this changing the zoning map of the Town to include the parcel of land hereinafter article. + described within the I-3 District: t 'A.certain tract of land with the buildings thereon In the Town of North AndoverL pnd fiie,Town of Middleton,more particularly bound and described as follows: Yr r! ( °• Northeasterly by Turnpike Street also known as Route No.114 in the Town of +a.f- � North Andover at the North Andover-Middleton line,921.65 ft.;Southerly as the wall �^•°- � �; stands In numerous courses,partially in Middlilton and partially in North Andover, by land now or formerly of Forest Glen Farms,Incorporated and the Commonwealth i.� �;' 30 y ry , X. Addres Lot AsiaRe o. GI As'rs Oma, Subd.NI Plan No. 3� Lot No. Asa 'fo LAND VALUATION - Area Rate Value ont . J Cor.Enhancement 1, =r Total Area Value a,3�7 SF Phys.Depr. Net Land Value /J"o t+0 . . ,. . . ..- ... ;,. .� BUILDING VALUATION BUILDING DESCRIPTION Building Re rod.Coat Dept. CI.Sound Value Age No.Stones Ames Claw Condition No.Rooms Area Exterior Description Interior Description use Exterior Wade.. Basement Drse. IMsmbtne DeuhleDD Wopboards od Pan No.Bath i Dnpiq Drt.. /lebtsteaS Shing Pull X19•Toilets. • _ Hosting Apartment Sidiex Cement Floor Sten" Stora Bldg. Aea Brkk Earth Ploor 9tevss- COMPUTATIONSoffice side.Bide• Common Brick Fin.Rooms Hot Air(tnva " Factory _ Can.Block Hot Air Warehouse - Stucco Interior Wall$ Steam it pipe) - ' ~' '•'�'""'�'� ,,. Steam tS pipe) - .. ,- ` - CamSe Roof Type _ Pla.ieBd. Hot Water(circ 1 -. Camtructios Gable Composition Bd. C si Fired - Wood Frame- Hip Brink - - Steel Frame - Flat .Wood Ga Fired - Brick Gambrel Cu Find ' MiscellaneousBrick Veneer Msaaard Floats a Rslnt.Connate Dorms n� Common No.Fireplaces - - Gan.910,01t ... ..-. Hard Wood Type Insulation _ —•S led Raths Mill Cast Roof Coverfaj Reint.Con. - Wood h �-- Wood Shin�la Concrete Slab Metal Sash. ' Foundation* Aadsit Shrnrla iineoleum " �� . > Concrete its to Shim Asphalt Tilt (jo Coe.Block Slate Stone Tar A Gravd Attic Roomy Brick Metal- Number N ' fr••_ Roll Asphalt Wa11s - Floors a t }'tea: