HomeMy WebLinkAbout50995-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit #: 50995 Date: 7/29/2024
Permission is hereby granted to:
Little Poguatuck LLC
1850 Mutton Town Rd
Syosset NY 1179.1
To: Construct an in-ground pool and hot tub to an existing single-family dwelling as applied
for per Trustees, DEC non jurisdition letter and ZBA approvals.
At premises located at:
960 Willow Terrace Ln, Orient
SCTM #473889
Sec/Block/Lot# 26.-2-21
Pursuant to application dated 6/12/2024 and approved by the Building Inspector.
To expire on 1/28/2026.
Fees:
SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $300.00
CO- SWIMMING POOL $100.00
1N-GROUND $300.00
Ha+ Tub CO- $100.00
Total: $800.00
j1kb-—--------- -
Building Inspector
0,0 �
TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold, NY 11971-0959
Telephone (631) 765-1802 Fax (631) 765-9502
Date Received
APPLICATION I
For Office Use Only
PERMIT NO. O ! Building Inspect
Applications and forms must be filled out in their entirety. Incomplete
applications will not be accepted. Where the Applicant is not the owner,an ��
Owner's Authorization form(Page 2)shall be completed.
Date:,tune 12, 2024
OWNER(S)OF PROPERTY:
Name:Jatin Goradia SCTM # 1000-26-02-21
Project Address:960 Willow Terrace, Orient
Phone#: Email:jgoradia@gmail.com
Mailing Address:960 Willow Terrace, Orient
CONTACT PERSON:
Name:Brooke Epperson
Mailing Address: PO Box 152, Mattituck, NY 11952
Phone#:631 603 9092 Email:bepperson@amparchitect.com
DESIGN PROFESSIONAL INFORMATION:
Name:gnthony Portillo
Mailing Address: PO Box 152, Mattituck, N.Y. 11952
Phone#:631 603 9092 Email:aportille@amparehitect.com
CONTRACTOR INFORMATION:
Name.,
Mailing Address:
Phone#: Email;
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ❑Addition ❑Alteration ::]Repair :]Demolition Estimated Cost of Project:
�J 130,000
Other Ingournd Pool and Patio; 4,
Will the lot be re-graded? ❑Yes *No Will excess fill be removed from premises? *Yes ❑No
1
PROPERTY INFORMATION
Existing use of property:Single Family Residential Intended use of property:Single Family Residential
Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to
R40 this property? 71Yes ■No IF YES, PROVIDE A COPY.
Check Box After Reading: The owner/contractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 236 of the Town Code. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone
Ordinance of the Town of Southold,Suffolk,County,New York and other applicable Laws,Ordinances or Regulations,for the construction of buildings,
additions,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,
housing code and regulations and to admit authorized inspectors on premises and in buildingis)for necessary inspections.False statements made herein are
punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
Application Submitted NBY t name):AMP Architecture ■Authorized Agent ❑Owner
Signature of Applicarl — Date:
STATE OF NEW YORK)
SS:
COUNTY OF
AMP Architecture - Brooke Epperson
being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)he is the Agent
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his/her knowledge and belief; and
that the work will be performed in the manner set forth in the application file therewith.
Sworn before me this
day of Tyn, 20 2H
Notary is
DARCEE AUFENANGER
NOTARY PUBLIC,STATE OF NEW YORK t r
Registration No.01A00019644 PROPERTY OWNER AUTHORIZATION
Qualified in Suffolk County
Commission Expires January 9,2028 (Where the applicant is not the owner) �
Jatin Goradia and Rajalakshmi Raja residing at 960 Willow Terrace
i
I� �
Orient AMP Architecture
do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
6/10/24
Owner's Signature Date
Jatin Goradia and Rajalakshmi Raja,
_ v
Print Owner's Name
2
b
0
BOARD MEMBERS zf SO Southold Town Hall
Leslie Kanes Weisman, Chairperson �, 53095 Main Road •P.O.Box 1179
Patricia Acampora + Southold,NY 11971-0959
Eric Dantes Office Location:
Robert Lehnert,Jr. b Town Annex/First Floor
#� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento ► "+
w Southold,NY 11971 IOUNTi
RECEIVED
http://southoldtownny.gov
(S 1:JS awe
ZONING BOARD OF APPEALS V 2 0 2023
TOWN OF SOUTHOLD
Tel. (631)765-1809
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 16,2023
ZBA FILE: 97808
NAME OF APPLICANT: Parisa Golestane/Littic Poquatuck
PROPERTY LOCATION: 960 Willow Terrace(Adj. to Orient Harbor), Orient,NY. SCTM41000-26-2-21
M A DETERM[INATIQN: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATNE CODE,
: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 thru A 14-25 and the Suffolk County Department of Planning issued
its reply dated May 9,2023 stating that this application is considered a matter-for local determination as there appears
to be no significant county-wide or inter-community impact.
I.,WRI'' DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated October 30, 2023_ Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available,
it is recommended that the proposed action is INCONSISTENT with the LWRP policy standards and therefore
INCONSISTENT with the LWRP.
4.1 Minimizes losses of human life and structures from flooding and erosion hazards.
I. Move existing development and structures as far away from flooding and erosion hazards as practical.
Maintaining existing development and structures in hazard areas may be warranted for:
a. Structures that functionally require a location on the coast or coastal waters
• The single-family residence does not require a location on the coast.
• The pool location places it partially seaward of the Coastal Erosion Hazard Area(CEHA) line in an
environmentally sensitive coastal area. The CEHA line/area marks an area where erosion from storm
events over time is most likely. It is recommended that the pool be relocated outside the CEHA area.
• The proposed 28 percent lot coverage on the parcel is contrary to preventing loss of the structure in
hazardous areas. The structures within these areas are subject to repetitive loss from storm surges
and should be avoided and/or minimized.
Page 2,November 16,2023
#7808,Little Poquatuck
SCTM No. 1000-26-2-21
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written
determination regarding consistency of the proposed action. The Board of Trustees approved a Wetland Permit with
25 foot non vegetated buffer.The Southold Town Board of Trustees granted the Wetland Permit with the request for
the in the ground swimming pool be located in other than the rear yard. The Board of Appeals has determined that
the decision of the Board of Trustees in granting the Wetland Permit with conditions that a 25 foot non vegetated
buffer and the location of the pool being located in other than the rear yard that no adverse impacts are foreseen,the
proposed application for an accessory in-ground swimming pool in the side yard is therefore CONSISTENT with
the LWRP.
PROPERTY
FACT BIESCRIP"I"ION: The subject property on this nonconforming 22,552 square foot parcel
located in the Residential R-40 Zoning District. The northerly property line measures 220.81 feet and the easterly
property line measures 80.00 feet and is adjacent to Willow Terrace,the southerly property line measures 187.82 feet
and the westerly property line measures 130.00 adjacent to Orient Harbor. The parcel is improved with a one-and
one-half story frame dwelling with an attached garage and a large concrete patio at the rear of the dwelling facing
Orient Harbor as shown on the survey map prepared by Jason D. Leadingham,LS and last revised April 25,2022.
BASITI OF APPLICATION: Request for Variances from Article III, Sections 280-124,and the Building Inspector's
February 2,2023,amended March 7,2023 and August 23, 2023,Notice of Disapproval based on an application for
a permit to construct an accessory in-ground swimming pool; 1)more than the code permitted maximum lot coverage
of 20%;2)located in other than the code permitted rear yard; located at 960 Willow Terrace(Adj.to Orient Harbor),
Orient,NY. SCTM#1000-26-2-2 1.
RELIEF R OUES I .D: The applicant requests variances to construct an accessory in-ground swimming pool and
a hot tub. The proposed pool construction,on this nonconforming 12,694 square foot parcel located in the Residential
R-40 Zoning District,with a buildable area of 12,694 square feet is not permitted pursuant to Article XXIII, Section
280-124 which states: "lot coverage shall be limited to 20%". Additionally, the pool is not permitted pursuant to
Article III, Section 280-15, as it states: "Accessory building and structures or other accessory uses shall be located
in the required rear yard. The Site Plan shows the proposed lot coverage to be 27.1%of the buildable area, and the
proposed pool is located in the side yard. The Site Plan shows the dimensions of the pool with attached hot tub along
with the locations of the drywell for pool dewatering and the enclosure for the pool equipment.The Site Plan drawings
are prepared by Anthony M. Portillo, Architect,and last revised September 11,2023.
ADDITIONAL INFORMATION: The applicant's representative presented two comparative prior decisions for
properties located in the neighborhood granting relief for improvements exceeding lot coverage; #4131, dated
October 15, 1992 granting 30.8% lot coverage; and#7334, dated November 21,2019,granting 33.8%lot coverage.
FINDINGS OF FACT/REASONS FOR BOARDACTION:
The Zoning Board of Appeals held a public hearing on this application on November 2,2023 at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law 267-b 3 b 1' . Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Two prior variances for lot coverage were granted #4131
granted for 30.8%and#7334 for 33.8 % lot coverage. Swimming pools are not out of the ordinary in the area. The
applicant proposes to locate the pool as far from the existing bulkhead as possible as to not affect the coastal location.
There are four other swimming pools in the neighborhood. Even though this is a waterfront community, swimming
pools are part of the character of the neighborhood.
Page 3,November 16,2023
#7808,Little Poquatuck
SCTM No. 1000-26-2-21
2. Town Law 267-b b 2 . The benefit sought by the applicant cannot be achieved by some method,feasible
for the applicant to pursue,other than an area variance. The CEHA(Coastal Erosion Hazard Area)takes up 43%of
the total lot area. The existing lot coverage is currently over the Code permitted 20%. The Board of Trustees have
approved a Wetland Permit with a non-vegetated buffer and required the pool to be located in other than the rear yard
to increase the setback from the water. Although this is a waterfront property and pools can be legally located in the
front yard,because the existing driveway and septic system are both located in the front yard of the subject property
the proposed side yard is the only feasible and functional place to locate a pool.
3. Town Law 267-bQ b 2' ., The variances granted herein are mathematically substantial, representing 100%
relief from the code for the swimming pool and 35.5% over for lot coverage. However,the existing lot coverage is
over the Code allowed 20%. Examples of Board of Appeals approval for lot coverage in the neighborhood over the
proposed 27.1%have been approved. The Board of Trustees suggested the pool be located in the side yard to protect
the coastal location and bulkhead.
4. Town .Law 267-b 2 b '4 No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. Pursuant
to the Board of Trustee's requirements, a 25 feet vegetative buffer is proposed along the bulkhead facing Orient
Harbor. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code.
5. Town Law 267-14 b The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law 27b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a swimming pool and hot tub while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION O THE BOARD: In considering all of the above factors and applying the balancing test under New
York Town Law 267-13, motion was offered by Member Acampora, seconded by Member Dantes,and duly carried,
to
GRANT the variances as applied for,and shown on the Site Plan and Architectural Plans(SD-1 thru SD-3)prepared
by Anthony M.Portillo,Architect, and last revised September 11, 2023.
SUBJECT TO THE FOLLOWING CONDUIONS:
1. Pool pump equipmentlmechanicals must be located a minimum of 20 feet from any property line or be
contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for
accessory structures
2. Drywell for pool de-watering shall be installed.
3. The applicant shall screen the swimming pool along the northern property line with evergreen vegetation
and/or a solid fence to provide visual privacy from the street.
I, PORTA.NT LINUTS ON THE APPROVAL GRANTED IfERIy TN
Please Read Careful'1
Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department
li
Page 4,November 16,2023
#7808,Little Poquatuck
SCTM No. 1000-26-2-21
of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board of Appeals.
Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey
cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted
herein, are not authorized under this application when involving nonconformides under the zoning code. This
action does not authorize or condone any current or future use, setback or other feature of the subject property
that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in
this action.
TIM LDMTS ON TW S APPROVAL: Pursuant to Chapter 280-146(B)of the Code of the Town of
Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of
Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County
Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon
written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)
year terms. IT IS THE PROPERTY O"4?l+'1 E 'S RESPONSERILITY TO ENSURE OO1N f""LTANCE W1T1T
THE CODE RE UMED TIDE MAM DESCRIBED HEREIN.Failure to comply in a timely manner
may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved
variance relief, and require a new variance application with public hearing before the Board of
Appeals
Vote of the Board:Ayes:Members Weisman(Chairperson),Dantes,Acampora and Lehnert.(4-0)(Member Planamento
Recused)
Leslie Karnes Weisman,Chairperson
Approved for filing �l //7 /2023
Jr .k*
Now York Staft Demon of En1uic1r1mentsi conswvation
Ouiding 40 -SURY, StWW Rmak.Now 'York 11790--=66
Telephans 16161444-0365
Faalmpe 15161444-0373
June 17, 1996 mm"D.z"ft
Cassi�lsOW
Mr. William A. HaCsda, Jr,
PO Box 334
Orient, NY 11957
Rug 1--4738-01373/00001
Hands Property
Willow Terrace Lane, Orient
9CTX 1E1000-26-2-21
Dear Mr. hands:
Based cn tno i r:fcr mat i on ru h-b, -,d �cbmit.ted, the New York State
Department --if E:nv 1 runmenT al C onsca-nation has determined that the
property landward of the topographic crest of the bluff in excess
of 10 ft. it elevatLon as shown on the survey prepared by Roderick
',Tan Tuyl, dated May 21, 1996 acid .last_ revised June 10, 1996 is
beyond the jUriea ct.i,.r: of art 1_cir 25 Tidal Wetlands.
Thel'efc.Le. i): .,, �:ci ai"�Cc w ..�. l the :current Tidal Wetlands Land U
Requ i at ions !6":YC:RR Part 6b 1) no Yar-mit is required under the Tida
Wetlands Ac~ . Please be advised, ,owever, that no construction,
sediment atic;., or ?ilsturr.arcP of any kind may take place seaward of
the tidal -.,.�tlar.ds Jurisdictional boundary, as indicated above,
without ;+ pF rmit . Tt �s .oi;r rooperisibility to ensure that all
necessary pre,-cautions are taken to prevent any sedimentation or
other alteration or di turk—.-i ice to the ground surface or vegetation
within Tidal Wetlands 'urisOiction which may result from your
project . Sunh precautions may J nclude maintaining adequate work
area between tha tidal wet.;.and jurisdictional boundary and your
project (i. e. asp 15 . to 2 ' wide .onstraction area) or erecting a
temporary fence, barrier, or hay bale berm.
Please be further advised that this letter does not relieve you of
the responsibility of obtaining any necessdry permits or approvals
from other agencies.
"erg" truly yours,
.
4-M
:. i, .
Charles T Hamilton
Permit Administrator
MMR
cc: BMHP
File
THE BEARINGS SHOWN HEREON ARE BASE
ON LIBER 13112 PAGE 0711
1. CONFLICTING MONUMENTATION FOUND IN THE VICINITY
OF THIS PROPERTY AND HISTORICAL DEEDS AND OLD
SURVEYING RECORDS INDICATE THE POSSIBILITY OFy�
SYMBOL LEGEND VARYING INTERPRETATIONS OF THE PHYSICAL
MONUMENT END POSITIONING OF THE LINES OF THIS PROPERTY.
I P. / I FND '
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SPOT ELEVATIONS
UTILITY POLE
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SURVEY OF PROPERTY
CALICETAX MAP NO. 960 WILLOW TERRACE LANE, ORIENT, NEW YORK 11957
.�::A 1000-026.00-02.00-021.000 P/O LOTS 2 AND 3
b MAP OF
JOB No.S22-0478
WILLOW TERRACE
and surveying S/E 10N 1
DATE SURVEYED: 03/11/2022 FILE DATE: 11 28ITUATE 1969 MAP N0. 5407
a,. jSIandSUfvey.COI"1'1 P;631 —957-2400 ORIENT, TOWN OF SOUTHOLD
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