HomeMy WebLinkAbout29743-Z FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z-30186 Date: 05/10/04
THIS CERTIFIES that the building ACCESSORY
Location of Property: 3025 STARS RD EAST MARION
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map No. 473889 Section 22 Block 2 Lot 20 .1
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated SEPTEMBER 16, 2003 pursuant to which
Building Permit No. 29743-Z dated SEPTEMBER 17, 2003
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is ACCESSORY TENNIS COURT AS APPLIED FOR PER ZBA #5158, 5230 AS AMENDED
DATED 12/12/02 .
The certificate is issued to MARTEM MANAGEMENT INC
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
ELECTRICAL CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
Authorized Signatu
Rev. 1/81
05/10/2004 09:21 000000000000 PROCORM P
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,GE 01
!MAY 10 '04 s9-17W SOUTHOLD BUILDING 631 M 9602 ; r r A 1G.. ' 1 - Pf pr`sQ
Feral No.6
?OWN OF SOMMOLD
BLIM 4G DZPARTMM
TOWN HALL MAY
�6S->ti93 �
APPLI CATION FOR CEWMCATZ OF OC PU Al Y
Thin application auntbe filled in by typewriter at ink and uwmitted to the Buaft Department ar�th tits' �:
A. For=W bnlld ft or am nre:
i PQM Of
fPz�With accurate location of all building&,property lines,streets,and wiwwl natural of
2. tical Approval from Health Dept. of water supply and sewerage-disposal(S.9 fonts).
3. Approval of tlocirical insWlation hom Board of Fire Underwt+tsn,
4, Sworn su tonunt from plumber ce tWng that the&older used in system contains lou than 2110 of I%lead
S, Coy nwmial.buildin:,industrial building.multiple roddeow and similar buildings and ia&dtllationk a oertillcate
of Coda Compliance It=architect or engineer reepoaaible for the building.
6. Submit Pleatrdng Bolin Approval of congloted site pian requirements.
IL For aisftg bsUdimp(prior to April 9.1997)ewa-eo0&rsaiag wise,or b MMap sad opr+a.eaisdol'land eggs:
1. Aocmi"survey of p mperty showing all prepeaty lines,streets.building and unusual natural or tope raplsic
foaturoe.
2. A properly completed apojaaon and eoasent to i=Wt sigrsod by the applicant.If a Catiffeate of Oacunaney is
denied,the Building inspector shall on the reasons thuefor in wrldng to the apphosat.
C. Fra
I. Certificate of Oompawy-New dwelling$25.00, Additions tq lwelliag$23,00,Alterations to dwelling S23.00,
Swimming pool$25.00,Accessory building$25,00,Additions to wooasery building$25.00,Buakwaea$50.00.
2. Coirtificste of Ocmpency on Pro-stinting Building• S 100.00
3. Copy of Cat rime of Oompuzcy.$25
4. Updated Certificate of OCcupency_ SS0,00 "
5. TemporaryCortificate orOccupauoy.Roaidcatial$15.00,Commercial$15.00
Date.w -6&0 0q- .�
New Cmaraction: Old or Finaxisting Building: (clseok Dale)
].coation of Property:_ ' -- fi .�.-Jd
l:Iouac
No.
Street Haadet •—
Owner or Owren of Property'_ t Iav*rx- i"1 t� -,' :5
Siuftk County Tax Map No 1000,Section $look Lot a
Subdivision1'1Qp• /M. "I �- % Map. . 7faSQ,w Lot:
Permit No._� _ �3 Date orpermit. 17 0 Applicant;_ Q✓�
Health Dept.Approval: Underwriters Approval:
Plauvng Board Appe+vvW: /
Requort for: Toeaporw7 Certificate, Pftw Cort121oete:�✓ (check one)
Ped SubTrduod:S
� Alplimt SWAture �,,
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APPEATes BOARD MEMBERS
�O QG Southold Town Hall
Lydia A.Tortora, Chairwoman c y 53095 Main Road
Gerard P. Goehringer H Z P.O. Box 1179
George Horning O .F Southold,New York 11971-0959
Ruth D. Olivay�IJ O� ZBA Fax(631)765-9064
Vincent Orlando �a Telephone(631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
February 26, 2003
Martem Management
c/o Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: Appl.. No. 5158, 5230 as Amended —Application for Variances
Dear Mr oore:
Enclosed please find a copy of the Board's variance determination, with
conditions noted, regarding the above amended application.
Please be sure to follow-up with the Building Department for the next step
in the zoning review and application process. Before commencing construction
activities, a building permit and other agency approvals will apply. An extra copy
of this determination should be made available to the Building Department at the
time of submitting your maps and any other required documentation to assist their
office in the next review step.
Thank you.
Very truly yours,
r
Lelia A. Tortora
Chairwoman
Enclosure
Copy of Decision to:
Building Department
�
FEB
J 2 8 2003 ! J J
"U
AP'PEAL'S BOARD MEMBERS OSVFF014r
Southold Town Hall
Gerard P. Goehringer, Chairman �� y� 53095 Main Road
Lydia A.Tortora Z P.O. Box 1179
George Horning Southold,New York 11971-0959
Ruth D. Oliva y 0!� ZBA Fax(631)765-9064
Vincent Orlando l �►a Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 12, 2002
Appl. No. 5158, 5230 as Amended - MARTEM MANAGEMENT (A. MARINAKAS).
Property Location: East Side of Stars Road, East Marion; Parcel No. 22-4-28 and 22-2-20
(combined together as one unit).
Applicant requests Variances for a tennis court, based on the Building Department's April
2, 2002 Notice of Disapproval, to locate a tennis court structure: 1) at less than five feet
from lot line(s), (2) in a yard other than a permitted rear yard, and (3)with a lot coverage
over the code limitation of 20%, and (4) based on the September 20, 2002 Notice of
Disapproval for fencing over four feet in height, Section 100-231.
SEQRA DETERMINATION: 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 an adverse effect on the environment if the
project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant resides at 3025 Stars Road, East
Marion, Parcel 22-4-20 (Lot #22, Map of Stars Manor) and is an owner of the adjacent
vacant land referred to as 2795 Stars Road, East Marion, Parcel 22-4-1 (Lot#21, Map of
Stars Manor) and 2935 Stars Road, East Marion, Parcel 22-4-28 (abandoned, former
road). The combined area of the land upon which the tennis court is being placed is
32,005 sq. ft. (21,937 sq. ft. for Lot 22-2-20, and 10,068 sq. ft. for Lot 22-4-28), as shown
on the survey map dated January 28, 2002, prepared by John Metzger, L.S., Peconic
Surveyors, P.C.
BASIS OF APPLICATION: The applicant has applied to the Building Department for a
building permit to construct an accessory tennis court structure. In a Notice of Disapproval
dated April 2, 2002, amended September 20, 2002, the Building Department disapproved
the location of the structure for the following reasons: 1) at less than five feet from lot
line(s), (2) in a yard other than a permitted rear yard, and (3) with a lot coverage over the
code limitation of 20%, and (4) tennis court fencing over four feet in height.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on October 17,
2002, at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board
finds the following facts to be true and relevant:
Page 2—December 12,2002
Appl. No. 5158, 5230- Martem/Marinakas
1000-22-4-28; 22-2-20 at East Marion
VARIANCE RELIEF REQUESTED: Variances are requested under Sections 100-30A.4,
100-30A.3, and 100-231A and B for lot coverage and location of an accessory tennis court
for use by the owner-applicants adjacent to their residence. The location of the tennis
court is in a yard other than the code-required rear yard, and the fencing exceeds the
maximum height permitted by code, minimum four ft. high when in a front yard and 6.5 ft.
high when in a side yard. The lot coverage:is confirmed by the Building Department in its
September 30, 2002 amended Notice of Disapproval, and the applicant's attorney to be
32%, with the amended size of the tennis court size, 55' x 110'.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the neighborhood or a
detriment to nearby properties. The tennis court with fencing is black vinyl chainlike 8 ft.
high will be landscaped with indigenous plant, mix of locust trees, and local cherry trees
with 3 ft. high arborvitae below the tree canopy.
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 applicant has placed the tennis
court in an area other than the rear yard, due mainly to the size and configuration of the
house lot and the existing building area.
3. The relief requested is substantial representing 32% lot coverage, however the tennis
court will be fenced and only the fencing will have visibility above ground, and the tennis
court is open to the sky.
4. No evidence has been submitted to suggest that this variance will have an adverse
impact on physical or environmental conditions in the neighborhood. The applicants
reduced the size of the tennis court structure from 60' x 120', to 55 ft. x 110 ft. and,will be
designed with a 18" x 10" deep pea gravel drainage trench to contain water. The material
surface of the tennis court will be paintable asphalt (without stone material) instead of
macadam material. The hours of tennis will be during daylight hours only, and therefore
no extra lighting is necessary.
5. The difficulty is self-created. The applicant also owns the adjacent land which is
vacant, and if a primary structure were placed, a tennis court would be allowed as an
accessory structure in the rear yard.
6. Grant of the requested variance is the minimum action necessary and adequate to
enable applicant to enjoy the benefit of a fenced tennis court (accessory structure), while
preserving and protecting the character of the neighborhood and the health, safety, and
welfare of the community.
i +f
Page 3—December 12, 2002
Appl. No. 5158, 5230- Martem/Marinakas
1000-22-4-28; 22-2-20 at East Marion
RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and
applying the balancing test under New York Town Law, motion was offered by Member
Orlando, seconded by Chairman Goehringer, and duly carried, to
DENY the variance for a 120 x 60 ft. tennis court, as applied for, and to
GRANT ALTERNATIVE RELIEF for a 110 x 55'tennis court(6,050 sq. ft. of ground
area) and eight ft. high fencing, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The material surface of the tennis court will be paintable asphalt (without stone
material) instead of macadam material.
2. The hours of tennis play will be during daylight hours only, and therefore no
extra lighting is necessary.
3. The overall size of the tennis court not be larger than 110' x 55'.
4. The tennis court with fencing is black vinyl chain link, with landscape plants and
mix of locust trees, and local cherry trees with 3 ft. high arborvitae below the tree canopy.
5. The lot coverage shall be reduced by 1150 sq. ft. to allow a maximum 110' x 55'
tennis court size, which is 6,050 sq. ft. additional lot coverage over the existing legal lot
coverage.
6. No lighting for evening tennis activities.
7. Minimum 69 ft. setback from the front property line facing Stars Road.
8. Increased setback at 5 ft. (instead of 2.5 ft.) from the south and west property
lines.
9. Landscaping shall be 165 ft. length of buffering as shown on the landscape plan
prepared by Image Response dated 10-16-02 (SP-1).
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that violates the Zoning Code, other than such uses, setbacks and other features
as are expressly addressed in this action.
Vote of the Board: Ayes: Member ehringer (C Irma 'on 1 2 ora, Homing,
Oliva, and Orlando. This Resol ion was opted -0
era . Goehring irman
oo _ TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB. LOT
FORMER OWNER N E ACR.
k L L a o a
Ur1 Kno tar) S W TYPE'OF BUILDING
RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value
to '
LAND IMP. TOTAL DATE REMARKS
�D Mori
Y4 2 ,, r YAP-&
Lo,- cove,C jor j-,7 oz
Tillable FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
Meadowland DEPTH
House Plot BULKHEAD
Total
{ :
M. Bldg. Foundation Bath
Extension Basement Floors
Extension Ext. Walls Interior Finish
Extension Fire Place Heat
Porch Pool Attic
Deck Patio Rooms 1st Floor
Breezeway Driveway Rooms 2nd Floor
Garage
O. B.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: April 2, 2002
AMENDED: September 20, 2002
TO: Patricia Moore A/C Marten Management
51020 Main Road
Southold,NY 11971
Please take notice that your application dated March 5, 2002
For permit for construction of an accessory tennis court at
Location of property: 2935 Stars Road, East Marion,NY
County Tax Map No. 1000 - Section 22 Block 4 Lot 28
Is returned herewith and disapproved on the following grounds:
The proposed construction, on a non-conforming 32,005 square foot parcel in the R-40 District, is not
permitted pursuant to Article IIIA, Section 100-30A4,which states,
"Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural-
Conservation District,"which states, "In the Agricultural-Conservation District and Low-
Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures
or other accessory uses shall be located in the required rear yard, subject to the following
requirements:
B. Setbacks.
(2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine
thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back
no less than five (5) feet from any lot line."
The proposed accessory tennis court is noted as being located partially in the front and side yards, and
is notes a setback of 2.5 feet from the rear property line.
In addition, the proposed construction is not permitted pursuant to Article IIIA, Section 100-30A3,
which states,
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low-Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule, with the same force and effect as if such regulations were
set forth herein in full."
!f .
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I
In addition,the proposed construction is not permitted pursuant to Article XXHL Section 100-231A
and B,which states,
Fences, walls or berms may be erected and maintained subject to the following height
limitations:
A. When located in the front yard of residential zones, the same shall not exceed four
feet in height...
B. When located in or along side and rear yards, the same should not exceed 61/2 feet in
height.
The proposed fence height is 8 feet.
Bulk Schedule requires a maximum lot coverage of 20 percent.
Total lot coverage, following the proposed construction, would be+/- thirty-two (32)percent.
This Notice of Disapproval was amended on September 20, 2002 to include the proposed fence
around the proposed tennis court.
uthori igna ure
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: ZBA, File
suauINa DE".
INSPECTION
[ ] FOUNDATION IST [ ] ROUGH PLBG.
[ j FOUNDATION 2ND [ ] 1 ULATION
[ ] FRAMING [ FINAL
[ ] FIREPLAC�IMNEY
REMARKS:
l�
DATEl 02 IN8P
765-1802
BUILDING DEPT.
INSPECTION
[ ] FOUNDATION IST [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] INSULATION
[ ] FRAMING
[ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
REM KS: � �l
DATE �� INSPEC
' 7
765-1 802
BUILDING DEPT.
INSPECTION
[ ] FOUNDATION IST [ J ROUGH PLBG.
[ ] FOUNDATION 2ND [ ] INSULA
[ ] FRAMING AL
[ ] FlREPLACE< & CHIMNEY [ ] FI
INSPECTION
REMARKS:-
,
EMARKS:-
1
DATE -"5/� � INSPE O
MELD&SIECTION REPORT'. DATE COA +'Nt§
FOUNDATION(1S
FOUNDATION(2ND) C
a
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t4
ROUGH F'RAhUNG&
rLUbmwG tid
y
INSULATION PER N.Y. y
STATE ENERGy CODE
ti
FINAL
ADDITIONAL COMMEND
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TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL Board of Health r►/fit.
SOUTHOLD,NY 11971 3 sets of Building Plans_
TEL: (631) 765-1802 Planning Board approval_
FAX: (631) 765-9502 Survey ►/
www. northfork.net/Southold/ PERMIT NO. d- 7 V 3 z,- Check ✓ _
Septic Form 6L
N.Y.S.D.E.(c.
,,, ��-�
Examined `9'11 ,20 03 Contact:Trustees
Approved .17 ,20 03 Mail to: JO( Yti 'W
Disapproved a/c
Phone:��� ��
Expiration 34120 20 0<
&,u—
Building
Inspector
PPLICATION FOR BUILDING PERMIT
L
Date/ , 20 Q16 2003 INSTRUCTIONS
at'ion 11 > be c pletely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plaitm . Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
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, or 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 ing tors 2p, nes and in building for necessary inspections.
_T, Lac �c, r c nr�,
AJNDERWRITERS CERTIFICATE x
REaUTAED IS UN L '
UN WT /� ame,if a corporation)
WITHOUT CERTIF T /a4`7 CYd&&l%ae-J Pd.
V Q,(CQJPAJT4Y (Oft--smt�?e
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
a * APPROVED AS NOTED
Name of owner of premises JU*m 11anqq"wt1hy*m;os 2&_. p.
(As on the tAx roll or latest
If applic 's a corporation, signatureW duly authorized officer NOTIFY BUILDING DEP MENT AT
X 765.1802 8 IW TO 4 PM FOR THE
(Name and Nle of corporate officer) Pi2s14��'1t' FOLLOWING INSPECTIONS:
� 1. �N *POUND �EO
Builders License No. 001334^0
2. ROUGH . FRAMING & PLUMBING
Plumbers License No. & ROAAT
Electricians License No. 4, Fes, . CONSTRUCTION MUST
Other Trade's License No. BE COL*UTE FOR C.O.ALL ZONSTRUCMI SHALL _
REQUIREMENTS OF THE WNS OF NMN
1. Location of land on which proposed work will be done: YORK STATE. NOT RESPONSIBLE FOR
ION ERRORS.
House NumberStreet Hamle
01
County Tax Map No. 1000 Section OQ Block ' �M V1Nu
10 et �IQu`1'{:
Subdivision Filed Map No.
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy S , Zc
b. Intended use and occupancy
----.514 �&M)/ j ye'S141XIO
3. Nature of work(check which applicable): New Building Addition Alteration
Repair Removal Demolition Other Work knajs G K
4. Estimated Cost_ $l 450a0, Fee
1-75. (Description)
(To be paid on filing this application)
5. If dwelling,number of dwelling units 0 ,& Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 17/01,
7. Dimensions of existing structures, if any: Front na-1 Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories
9. Size of lot: Front 590 -'�tjrVM4 Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated p" q0
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO f
13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO
11140"
14. Names of Owner of premises /U /n� Address Phone No.718 83oZQgf-
Name of Architect Address Phone No
Name of Contractor ✓ Address�X7 06 PA Phone No. 2gqB 10
O)H6 Nl ) IM8
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO
* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES
* IF YES, D.E.C. PERMITS MAY BE REQUIRED. "�L �i�r'uL1
JU3WAJiAU 81 3W'
16. Provide survey, to scale, with accurate foundation and. to property v„`�
17. If elevation at any point on property is at 10 feet or below,milltprovide topographical data ori Survey. = -
STATE OF NEW YORK)
COUNTY OF1i3WVC` 1`,A
r
being duly sworn, deposes and says that%)he is the applicant
-'i 1 si4aingxoatraklyabove named,
(;)He is foie ,ZYI
,ti fhwabr,Agent, Corporate Officer, etc.)
of said aw oar,$ vrl � 'k 'i9'-'c�liily” �horized to perform or have performed the said work and to make and file this application;
that all statements contaied, Y ioation are true to the best of his knowledge and belief, and that the work will be
performedr' �Qt' plication filed therewith.
s.Y� JAW
Sw r 005L
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NotaryPu is ` n ` „h re of Applicant
1
l;DT IWBERS REFER TO MAP OF S TARS MANOR-
ME-D, f!V PHE SUFFOLK CWNTY" tLERK'S OFFICE c
ON SEPT. 19, 1963 AS FILE Na; 3864,
LOT 23 SURVEY OR PROPERTY
�-
AT ,BAST MARION
TOWN OF SOUTHOLD
i&i c
o1wSUFFO K COUNTY NEW YORK
Ty
,tflit —20
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MtAW32.,005 S.F. *wrlWM4TWW I* TO+ T6! T►�s.�d,�tv�+i_f3,a VXL4tloN (633) ?!55- 0 X( 765-1797
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Contractor shall venlg all field condlpons and d
respons6le lar field fit and quantity d Work N
on 61 or [6, Contractor far and error or r
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' _ PROJECT TITLE
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A a4A PROPOSED
s �• �r�. ��� ;, � � TENNIS
COURT
293E STARS RD
E. MARION
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