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HomeMy WebLinkAbout#8048-Braveporter LLC (Iavarone) ZBA application J Received TOWN OF SOUTHOLD BUILDING DEPARTMENT JUL 2 2 2025 SOUTHOLD, N.Y. Zoning Board of qpi�eals NOTICE OF DISAPPROVAL DATE: June 16,2025 TO: Katherine Samuels(Iavarone) 25235 Main Road Cutchogue,NY 11935 Please take notice that your application dated May 6, 2025: For permit:to construct alterations to an existing se onal cotta a Cngluding insulation) at: Location of property: 1425 Bay Avenue East-M--aijon,NY County Tax Map No. 1000-Section 31 Block 9 Lot 7_3 is returned herewith and disapproved on the following grounds: The ctio on `s nonco ormin 1 389 s .t. lot in a R-40 Da 'c uant to i le XM11,Section 280-123 .A. which states: "A nonGgnfo i '.buil containinga nconformin use shall not be enlar or structura.11v altered or moxe_d,!;mW as t forth below,unless the use of such bw LIding i changed,to a fin us+ . Authorized Signature Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC:file,Z.B.A. 1 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 1425_Street Bay Avenue Hamlet East Marion SCTM 1000 Section: 31_Block: 9 Lot(s)7.3 Lot Size: 14,390 lovo Zone r-40_ I(WE) APPEAL TIME WRITTEN DETER.Iv1INATION OF THE BUILDING Received INSPECTOR DATED,lure I , 025_BASEI ON SURVEY/SITE PLAN DATED V- 2 2 2025 3-2025 Zoning Board of Appeals Owner(s): BravePorter LLC Mailing Address: 28 Shady Lane Syosset NY Telephone: c/o 631-765-4330 Fax:—Email: pcmoore Amooreattys.com NOTE: In addition to the above please complete below if application is signed by applicant's attorney,agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore for(X) Owner( ) Other: Address: 51020 Main Road Southold NY 11971 Telephone: (631) 765-4330 Fax: (631)765-4643 Email: pernooreAmooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X )Authorized Representative, ( )Other Name/ Address below: WHERE BY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6-3-25 and DENIED AN APPLICATION DATED May 6,2025 FOR: ( X)Building Permit ( ) Certificate of Occupancy( )Pre- Certificate of Occupancy( )Change of Use ( )Permit for As-Built Construction ( ) Other: Recellied JUL 2 2' 2025 Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. IJDDn0"6ohedhvf Appeals code.) Appeal. An Appeal is made for: (X )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A.) ( )Interpretation of the Town Code,Article Section_ (X) Request for Reversal or Overturn the Zoning Officer's Denial: The use is permitted reexistin residency made more conforming to the:NYS Building Code additional insulation for energy code and interior renovations) Other A prior appeal( X) has, ( ) has not been made at any time with respect,to this prol2erty,UNDER Appeal No(s). Special Exception 6590 year: dated 10-4-2012. (Please be sure to research before completing this question or call our office for assistance) Page 2, Area Variance Application Revised 6/2023 REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's signature notarized): i.An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property was developed prior to zoning with two dwellings as evidenced by the pre- CO dated February 20, 1981. The houses were given two addresses: 1425 and 1445 Bay Avenue, East Marion. The one house facing the Lake had a small addition in 1959 and the second dwelling facing the street was described as a seasonal cottage on the pre-CO. Bay Avenue is adjacent to Marion Lake and was originally developed with similarly sized structures around the lake. Several homes were developed as small "cottages" which were converted over time to year-round occupancy. In 2024 the applicant purchased the property and began restoring the two residential structures. According to the neighbor's testimony during a prior ZBA appeal in 2012, the two residences were not well maintained, and the dwellings Received were rented as sub-standard housing (day laborers). The Board granted a Special Exception for an "accessory JUL 2 2 20�5 apartment in an accessory building". However, the owner did not act on the approval (expired). We believe because oning Board of 'Vp�ais the Board conditioned the approval of the "accessory apartment" on eliminating the preexisting use of the 2nd dwelling. The owner chose to keep the pre-CO's, not complete the conditions of the Special Exception, and preserve the pre-CO for the two residences. The current owner has restored the outside (roof, shingles and nonstructural window updates) of the two dwellings. The waterfront dwelling was issued a building permit for the proposed interior updates. The applicant submitted a building permit to update the interior of the second dwelling but the building department issued the notice of disapproval. The plans show the existing condition of the pre-existing dwelling, which includes two bedrooms and one bathroom and the proposed improvements (small changes to the existing bathroom and closets reconfigures in the bedrooms). The interior space remains substantially the same, the improvements will make this existing dwelling a safe and clean space. The dwelling is a preexisting nonconforming structure, built prior to zoning and described as a nonconforming seasonal cottage". The owner would like to add proper insulation for the air conditioning and is proposing a heat pump. The interior improvements proposed are relatively minor. The walls of the original cottage had minimal insulation and window air conditioners. Bringing the cottage into conformity with the NYS Building and Fire Code and energy code is required under the New York State Building and Fire Code. The dwelling is a nonconforming structure not a nonconforming use. The building permit was wrongly denied. "A nonconforming building containing a conforming use (a residence) is a permitted use. Town Code 280-122. A. building permit was wrongly denied. The reason given on the notice of disapproval is that "a nonconformRobtiOdW 6 containing a nonconforming use shall, not be enlarged, reconstructed, or structurally altered or moved,JUL 2 t 202 except...unless the use of such building is changed to a conforming use". (Town Code 280-123) zoning Board of Appeals That is not correct, the issue has been litigated to the Appellate Division and a preexisting residence (cottage)is a "preexisting nonconforming building with a conforming use." The dwelling predates zoning. Since 2004 the building department has been required to follow the Appellate Division interpretation of 290-122 & 123. A cottage is a permitted use and 280-122, not 280-123, must be applied. In the Dawson case, a 2°d dwelling (cottage) was denied a certificate of occupancy when the ZBA determined that the nonconforming use was discontinued for more than 2 years and not entitled to a certificate of Occupancy. The Appellate Division overturned the ZBA decision, the Court found the preexisting structure to be a "residential dwelling" situated on the same lot as a primary residential dwelling. Therefore the 2°d dwelling (cottage) constituted a nonconforming buildin.g rather than a nonconforming use and was entitled to a CO (only a nonpermitted use terminates if not used after two years. (see Matter of Dawson v Zoning Board of Appeals of Town of Southold, 12 AD3d 444, 785 N.Y.S 2d 84, 2004 (Slip Opinion 08101) Aialak v Incorporated Vil. of Val. Stream, 220 NYS2d 113 [1961]; Southold Town Code §§ 100-13, 100-240 et seq.). Town Code 280-122 is applicable to this application. The cottage has a pre-certificate of occupancy and is a conforming residential use. The structure is being made "more conforming" to the NYS Building and Fire Code. Pursuant to Town Code 280-122 A. Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming buildine containina a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Received JUL 2 2 2025 Zoning Board of Hppeais The pre-CO is a valuable document. An accessory apartment places additional regulatory burdens on the property that are not applicable with the pre-CO. The prior owner (Faust) applied for an accessory apartment but did not complete the conditions of the Special Exception granted in 2012 because one of the conditions of the Special Exception would have extinguished the "preexisting use" of the second dwelling. The applicant wishes to preserve the structure (pre-CO) and make improvements to the structure (updated electric, HVAC and plumbing) which make the property more conforming to New York State building and fire codes. The building department denial of the building permit must be overturned and the building department directed to issue the building permit. 3.The amount of relief requested is not substantial because: The interior of the dwelling remains two bedrooms and one bathroom. The interior improvements include updated electrical, plumbing and HVAC (heat pump for air conditioning) and do not add bedrooms. Small interior alterations to the partition walls (bathroom space and closets) are proposed to keep the living space the same and the restoration budget manageable. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The sanitary system had been updated over the years (the building department has records of septic permits) and the buildings are located landward of Marion Lake. The interior improvements to the existing structures make the structures more energy efficient and code compliant. The 2' dwelling is a nonconforming building; it is not a nonconforming use. This has been litigated, interpreted, and determined by the New York Appellate Division (Dawson Case) but continues to be disregarded by the building department. The Zoning Board must follow the well-established law. s.Has the alleged difficulty been self-created? { } Yes, or { X} No Why: The owner purchased the property with a legal pre-co issued in 1981. There are two separate dwellings on the parcel and the owner merely wishes to make improvements to the structures consistent with New York State building codes. RP ceived JUL 2 2 2025 Zoning Board of Appea- • Are there any Covenants or Restrictions concerning this land? { } No { X) Yes (please furnish a copy) 10' non-turf buffer • This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. By signing this document, the PROPERTY OWNER understands that 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 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 OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Signature of Applicant or Authorized Agent (Agent must submit written authorization from Owner) Sworn to before me this 11 th day of July 2025 JL Notary Public MADISON MESSINA NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 ME6370536 Qualified in Suffolk County Commission Expires February 5, Matter of Dawson v Zoning l3d.of App'-�of Town of Southold, 12 A.D.3d 444(2004`1 785 N.Y.S.2d 84, 2004 N.Y. Slip Op.08101 AE)cPl' ed issue a certificate of occupancy ftr t(ylfflners' cottage. *445 ,,; New York Zoning Board of Appeals Official. Reports Ordered that the judgment is modified,on the law,by deleting 12 A.D.3d 444,785 N.Y.S.2d 84,2004 N.Y. Slip Op.08101 the provision thereof directing the Zoning Board of Appeals of the Town of Southold to issue a certificate of occupancy for **1 In the Matter of Christine the petitioners' cottage and substituting therefor a provision Dawson et al.,Respondents directing the Zoning Board of Appeals of the Town of v Southold to direct the Building Department of the Town of Zoning Board of Appeals of Southold to issue a certificate of occupancy for the petitioners' Town of Southold,Appellant. cottage as an accessory use to the primary residential building on the subject lot; as so modified, the judgment is affirmed, Supreme Court, Appellate Division, with costs to the petitioners. Second Department,New York 2003-06671,29193/02 The Supreme Court properly concluded that the November 8,2004 determination of the Zoning Board of Appeals of the Town of Southold (hereinafter the ZBA) to grant the petitioners CITE TITLE AS:Matter of Dawson v a conditional area variance for their cottage was arbitrary, Zoning Bd. of Appeals of Town of Southold capricious, and not supported by substantial evidence. With respect to the interpretation of the terms of a zoning HEADNOTE ordinance, a determination by a Zoning Board of Appeals is entitled to great weight provided that such interpretation is Municipal Corporations neither irrational, **2 unreasonable, nor inconsistent with Zoning the governing statute(see PMatter ofNadell v Horsley, 264 Variance AD2d 422 [1999];Matter of Ti•eunp-Equitable Fifth Ave. Co. v Gliedman, 62 NY2d 539, 545 [1984]). Its determination Determination to grant petitioners conditional area variance must be sustained if it has a rational basis and is supported by for their cottage was arbitrary, capricious, and not substantial evidence(see Matter of Nadell v Horsley,supra). supported by substantial evidence--cottage, residential dwelling situated on same lot as primary residential The cottage,a residential dwelling situated on the same lot as dwelling, constituted nonconforming building rather than a primary residential dwelling, constituted a nonconforming nonconforming use; since Zoning Board of Appeals building rather than a nonconforming use (see Amzalak v unreasonably and erroneously determined that cottage fell Incorporated Vil. of Val. Stream, 220 NYS2d 113 [1961]; into latter category, it incorrectly focused upon whether Southold Town Code §§ 100-13, 100-240 et seq.). Since cottage had been abandoned for at least two years rather the ZBA unreasonably and erroneously determined that the than whether it had been continuously maintained; since cottage fell into the latter category, it incorrectly focused no evidence was presented refuting claim that cottage had upon whether the cottage had been abandoned for at least two been continuously maintained, petitioners were entitled to years rather than whether it had been continuously maintained certificate of occupancy for cottage as accessory use to (see Southold Town Code § 100-13). Since no evidence was primary residential building on subject lot. presented before the ZBA refuting the petitioners'claim that the cottage had been continuously maintained,the petitioners were entitled to a certificate of occupancy for the cottage as In a proceeding pursuant to CPLR article 78 to review a an accessory use to the primary residential building on the determination of the Zoning Board of Appeals of the Town of subject lot. Southold dated October 3,2002,the Zoning Board of Appeals o Moreover, while the Supreme Court properly annulled the f the Town of Southold appeals from a judgment of the ZBA's determination, it erred in directing the ZBA to issue Supreme Court, Suffolk County(Tanenbaum,J.), dated June 30,2003,which annulled the determination and directed it to a certificate of occupancy. The Building Department of the Town of Southold,not the ZBA,is vested with the authority to WESTLAW Matter of Dawson v Zoning Bd.of Apr'—"�of Town of Southold, 12 A.D.3d 444(2004 785 N.Y.S.2d 84, 2004 N.Y.Slip Op. 0810-1 ��' .1ved issue certificates of occupancy.Santucci,J.P.,Luciano,Skelos JUL 2 2 2025 and Lifson,JJ.,concur. Copr. (C)2024,Secretary of State,State Pf New ats k Zoning Boar o pp End of Document ©2024 Thomson Reuters. No claim to original U.S.Government Works. VVESTLAW Recelived Zoning Board of Appeals JUL 2 2 2025 APPLICANT'S PROJECT DESCRIPTION Zoning Board of Appeals APPLICANT: BravePorter LLC SCTM No. 1000-31-9-7.3 1.For Demolition of Existing Building Areas Please describe areas being removed: none H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: none Height(from existing natural grade): no change Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: n/a III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: minimal insulation behind sheetrock and no central heat or central airconditioning Number of Floors and Changes WITH Alterations: one story-no Chan e IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: no change Proposed increase of building coverage: no change Square footage of your lot: 14,389.5 Percentage of coverage of your lot by building area(lot coverage)N/A Gross Floor Area(GFA) of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): For Residential lots, is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): N/A V.Purpose of New Construction: interior insulation with Heat pump for air conditioning and heat VI. describe the land contours (flat,slope %, heavily wooded, marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed: no change-Area of homes flat with slopes to Marion Lake Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. R ozicei e Rev►se 6/2023 QUESTIONNAIRE JUL 2 2 2025 q FOR FILING WITH YOUR ZBA APPLICATION Zoning Board of Appeals A. Is the subject premises currently listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes,please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses?YES 2.)Are those areas shown on the survey submitted with this application?YES 3.)Is the property bulk headed between the wetlands area and the upland building area? NO 4.)If your property contains wetlands or pond areas,have you contacted the Office of the BOARD OF TRUSTEES for its determination of jurisdiction? YES- Please confirm status of your inquiry or application with the Board of Trustees: If issued,please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?NO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?NO If any of the aforementioned items exist on your property,please show them on a site plan. F, Are there any construction projects currently in process on your property?YES If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: building permit for interior renovation of house- BP#51621 G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval.Attached H. Do you or any co-owner also own other land adjoining or close to this parcel?NO If yes, please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. I. Please list present use or operations conducted at your property, and/or the proposed use two existing dwellings and one garage J. (examples:existing single family,proposed:same with garage,pool or other) A11thortd signature D e FORM N0.4 RE,CE TOWN OF SOUTHOLD eiv BUILDING DEPARTMENT ��� office of the Building Inspector Orly 2012 Town Hall 1J1� ,�q 2(J f Southold,N.Y. EALS Zoning Board of Appeals CertEficate Of Occupancy r No. ..Z10393........ r Date .Vow.206.»»..............19 84 THIS CERTIFIES that the building ,........................... .............. I.oeation of Property jW a-1445.fty-AmN.. X110ioa•-. -Y. .-..... LNinmhr County Tax Map No. 1000 Section .pp31.....-Block ..Qptj.........Lot ..I=.....•..... Subdivision..... aw .............Filed Map No. ,.r-t..I»ort No.. MquIzOwt =OS' 0110 fudly roxidewo bunt prior to reforms substantially to the , +CA ppzi]� 23 .. .- 19§'f.pursuant to No. ............. dated . ...1rBr:..Zp...... ....19.81,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 9 mitt}aom. " ,mom rea. d.Un.6000 90rY The certificate is issued to jaft-Md. i 'lN ..•..•• oR V. cif of the aforesaid building. Suffolk County Deparbnent of Health Approval ........ ....8/h............„ ..,......... UNDERWRITERS CERTIFICATE NO............... .....R .... .....,......,... ....... .. ,�lj�' .... •Impostor RM.1/a1 FORM NO. 4 TOWN OF SOUTHOLD Deceived BUILDING DEPARTMENT TOWN CLERKS OFFICE JUL 2 2 2025 SOUTHOLD, N. Y. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No, ......Z... 0..... Date .......................................4TIMO... 9., 19. .%-9 THIS CERTIFIES that the building located at..9/A.. Map No. . ......... .... ...... Block No. . ,..,..... ......,...,.Lot No. ..... ....... ......I......I............................... ...... conforms substantiaily to the Application for Building Permit heretofore filed in this office dated ..............................Ma.:..2Ta............ 19..69., pursuant to which Building Permit No. ........4.697....... dated .,.,,..........,........ ...2B................ 19..5.91.,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.............. PRIVATE 0M MILY DWRLLING ................................... ...............I..................... .... ....... ................................ .............., .,, ........... This certificate is issued to ........",...�10...Gra.net...a ler..... . . .... .................. ....... ........... (owner, lessee or tenant)�N of the aforesaid building, .w..... ........ ..xx.. n ......... .....n .............00...... Building Inspector HOWARD I,11. TEI RRY ceived 'of so TOWN OF SOUTHOLD q� TOWN BUILDING DEPARTMENT JUL 2 2 2025 TOWN CLERK'S OFFICE Zoning Board of Appeal6 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#: 51621 Date: 02/20/2025 Permission is hereby granted to: BravePorter LLC 28 Shady Ln Syosset, NY 11791 To: install replacement windows to existing single-family dwelling as applied for. Premises Located at: 1425 Bay Ave, East Marion, NY 11939 SCTM#31:9-7.3 Pursuant to application dated 09/04/2024 and approved by the Building Inspector.. To expire on 02/10/2027. Contractors: Required Inspections: Fees: Single Family Dwelling- Alteration $250.00 Co-RESIDENVAL $100.00 N Total $350.00 Bu ilding Inspector a TOWN OF SOUTHOLD `( 40r BUILDING DEPARTMENT Received TOWN CLERK'S OFFICE SOUTHOLD, NY JUL 2 2 2025 BUILDING PERMIT Zoning Board of Appeals (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 47263 Date: 12/27/2021 Permission is hereby granted to: Frausto,. Ma �._�.. 175 1st St Laurel, NY 11948 To: demolish existing dwelling and construct a new single-family dwelling as applied for per Trustees & SCHD approvals. At premises located at: 1425 Bay Ave., East Marion SCTM #473889 Sec/Block/Lot# 31.-9-7.3 Pursuant to application dated 11/8/2021 and approved by the Building Inspector.. To expire on 612812023. Fees: DEMOLITION $379.00 SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $1,392.00 CO-NEW DWELLING $50.00 Total: $1,821.00 Building Inspector BOARD MEMBERS w'� Southold Town Hall Leslie Kanes Weisman,Chairperson Maserr 53095 Main Road•P.O.Box 1179 u Q Southold,NY 11971-0959 James Dinizio,Jr. Gerard P.Goehringer ���� Town Annex/First Floor,Capital One Bank George Horning i 54375 Main Ro t u nue) Ken Schneider + " South lc,� �� r http://southoldtown.northfork.net JUL 2 2 2025 9�f� ZONING BOARD OF APPEALS Zoning Board of Appeals TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 R VE FINDINGS,DELIBERATIONS AND DETERMINATION C c� MEETING OF OCTOBER 4,2012 Southold Town Clerk ZBA Application No.: SE 6590 Applicants/Owners: Mary Frausto SCTM#1000-3 l-9-7.3 Property Location: 1425 Bay Avenue(adj.to Marion Lake)East Marion,NY SE R.A DETERMINATIQ : The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type I1 category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE,: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 14, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION; The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. REQUEST MADE BY APPLI AN I:The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13)to establish an Accessory Apartment in an existing accessory structure. PROPERTY FACTS/DESCRIPTION:The subject property contains 712 square feet with 50 feet of frontage on Bay Avenue, 259.65 feet along the northern property line, 75.29 feet on Arm of Marion Lake and 315.95 feet along the eastern property line.The property is improved with a single-family residence and an accessory seasonal cottage as shown on the survey prepared by John T. Metzger,LLS dated March 9, 2009, last revised September 17,2012. The accessory structure has a(Pre-CO)of record dated February 20, 1981 under Certificate of Occupancy#Z10393 confirming that non-conforming seasonal cottage was built prior to January 1, 2008 or the applicant has proved that the accessory structure was eligible for a CO prior to January 1,2008. ADDITIONAL INFORMATI _N. Two letters were received, one in support and one requesting conditions be placed on the rental if granted. The agent acknowledged that the property is being renovated and that the principal dwelling will be demolished and rebuilt in a conforming location,not requiring any variances. FINDINGS OF FACT: The Zoning Board of Appeals held a public hearing on this application on September 6,2012,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of Page 2 of 3—October 4,2012 ZBA File#6590-Frausto JUL CTM 1000-31-9-7.3 �� e� 202y � the property and the surrounding neighborhood, and other evidence,the Zoning Boat4Ris37tngpp�,yl= facts to be true and relevant. In considering this application, the Board has reviewed the code requirements set forth pursuant to Article 111, Section 280-13(B)(13)to establish an Accessory Apartment in an Accessory Structure and finds that the applicant complies with the requirements for the reasons noted below: 1. The Accessory Apartment unit will be located in the seasonal cottage,which will be converted to an accessory affordable housing dwelling with an area of 712 square feet of livable floor area in conformity as proposed, as described and shown on the floor plan by Jesse Heard dated 7-3 1-2012,and as confirmed by the Building Inspector in a memorandum titled"Verification of Livable Floor Area" dated July 8,2012 and received by the Board of Appeals on August 8,2012. The applicant has acknowledged the conversion of the seasonal cottage to an accessory apartment will extinguish any future right to a season cottage under the Pre- CO and will terminate that pre-existing non-conformity. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code. The owner confirms that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area,all on one floor with only one full bathroom. 3. The applicant herein, owns and will reside at the property as the applicant's primary residence in conformance with the code requirements asset forth in Article III, Section 280-13(B)(13)0, 1-4),and as documented by Long Island Power Authority utility bills for both structures and Suffolk County Water Authority Service application and agreement. 4. The occupant of the accessory Structure will be a resident who is currently on the Southold Town Affordable Housing Registry or a family member as per code,and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-(B)(14)13. 5. The owners' plans comply with the on-site parking requirements and provide for a total of three (3) parking spaces, two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the survey by John Metzger dated March 9, 2009, last revised April 21,2010. 6. Only one accessory apartment will be on the subject property as authorized by Section 280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion shall be subject to a building permit, inspection by the Building Inspector,and annual renewal of the Certificate of Occupancy. RFA SONS FQR BOARD ACTION, DESCRIBED BELOW: 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: 1) The Accessory Apartment, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the principal structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order of the Town would be adversely affected. Pa.ae 3 o1`3—October 4,2012 ..ived ZBA File#6590-Frausto CTM: 1000-31-9-7.3 JUL 2 2 2025 4)The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein,and issuance of a Certificate of Occupancy from the Building Inspector is required bPBWbAM, (Arof Appeals Accessory Apartment may be occupied. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Goehringer,seconded by Member Homing, it was RESOLVED, to GRANT, a Special Exception for an Accessory Apartment, in the existing Accessory Structure,as applied for. Subject to the following Condition: 1. The principal dwelling must be issued a legal CO, prior to the issuance of a CO for the accessory apartment in the accessory building. 2. The property owner shall supply the Zoning Board with acceptable proof, ie;driver's license,voter registration,etc., of this property being their primary residence along with a copy of the CO's for both structures. 3. As represented by the applicant the existing framed garage shall be demolished and removed from subject property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision, may result in delays and/or apossible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any violations oj'the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning, This Resolution was duly adopted(5-0) shoved Weisman, Chairperson Al/ /2012 Approved for filing, AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Received goq� WHEN TO USE THIS FORM: This form must be completed by the applicMV&2n cial use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation locat�mtw ct. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:BravePorter LLC 2. Address of Applicant:28 Shady Lane,Syosset NY 11791 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: interior renovation of 2nd dwelling 6. Location of Property: (Road and Tax map Number) 1425 Bay Avenue,East Marion NY 1000-31-9-7.3 7. Is the parcel within 500 feet of a farm operation? { } Yes Y) No 8. Is this parcel actively farmed? { } Yes { X } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Sig re of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment.forma scam/e Instructions for Coo le JUL 2 2 0 2 Part 1-Project Information. The applicant or project sponsor is responsible for the con?pfkW �tafes onses become part of the application for approval or funding, are subject to public review,and may be subject to further v Mara. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: BravePorter LLC,28 Shady Lane,Syosset NY 11791 Project Location(describe,and attach a location map): 1425 Bay Avenue,East Marion Brief Description of Proposed Action: Interior renovation of 2"d dwelling on parcel. Name of Applicant or Sponsor: BravePorter LLC, Telephone: I E-Mail: Address: 28 Shady Lane, City/PO: Syosset State:NY Zip Code: 11791 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule, or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources t hat may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? .5 acres b.Total acreage to be physically disturbed? 0, acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. 9 Urban 9 Rural(non-agriculture) 9 Industrial 9 Commercial 9 Residential(suburban)X 9 Forest 9 Agriculture 9 Aquatic 9 Other(specify): 9 Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing l�ii 6— NO YES .landscape 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical l ro""kJrea? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES X If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES X If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? IX b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ® Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑ Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? ® NO ® YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ®NO ❑ YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size. 19.Has the site of the proposed action or an adjoining property been the location of MUN V@Oed NO YES solid waste management facility? If Yes,describe: JUL onu 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature„ Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? Will the proposed action impair the character or quality of the existing community? 3 Wi h o p P P q ty g 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the action impair the character or quality of important historic,archae ological, proposed architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate wei small to large (y impact impact JU` may may 2 occur occur 10. Will the proposed action result in an increase in the potential for erosion,�f"16�ir%or drainage problems? and t 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. 9 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 9 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application Per"..e, %V d OWNER'S AUTHORIZATION zo JUL 22 2025 (Where the Applicant is not the Owner) o�ng Board of gppeajq I, srv ° t mra itx member of,Hray"ort with offices located at 28 d Lane asset 'Y 1791 do hereby authorize PatriciaC. Moore to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that 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 OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESC BED HEREIN. BRAV J-� RTERLLC BY: to T.Iavarone Pacer, ect APPLICANTTRANSACTION E FORM Zor1ln (FOR SUBMISSION BYAOWNER and OWNERS y WNER AGENT) board o f qpp ea/S The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to word same. YOUR NAME: JOSEPH T. IAVARONE AS MANAGING MEBER OF BRAVEPORTER LLC, AND PATRICIA C. MOORE NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If Other, name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Tnjctees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? Relationship includes by blood, marriage, or business interest. A business interest means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of, =.j B "fir' ' TER LLC Signature: BY JOSEPH AVARONE,MEMBER 111111 i icia C.Moore yf Town of Southold LQ—NSl�1ENCJ..A5aE5SMM FOR JUL 2 2 2025 A. INSTRUCTIONS 2onni�; r"''d'a of Appeals 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCT I# 1000-31-9-7.3 The Application has been submitted to(check appropriate response): ZBA Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction)❑ (b) Financial assistance (e.g. grant,loan, subsidy) ❑ (c) Permit, approval,license, certification:❑ w., Nature and extent of action: _interior renovations of pre-existing__;°d dwelling on the property Location of action: 1425 Bay Avenue, East Marion Site acreage: 14,389 SF 'JUL L 2 .2025 Present land use: Two Existing residences Zoning Board of Appeals Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a) Name of applicant: BravePorter LLC (b) Mailing address: 28 Shady Lane Syosset NY 11791 (c) Telephone number:Area Code( )c/o 631-7654330 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No ® If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LVWRP Section III—Policies; Page 2 for evaluation criteria. ®Yes El No El Not Applicable two existing residences on the property. The interior of the 2nd dwelling is proposed to be improved to conform to the NYSB&F Code. Pre-CO of dwelling is a seasonal dwelling and the owner wishes to make improvements to meet NYSB&F CODE Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVWRP Section III—Policies Pages 3 through 6 for evaluation criteria ®Yes ❑ No ❑ Not Applicable The homes pre-date zoning Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sou old. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria2 2 2025 © Yes ❑ No ❑ Not Applicable improvements to the homes have enhanced the community character Zoning $oard of Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑Yes ❑No ®Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑Yes El No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III —Policies; Pages 22 through 32 for evaluation criteria. ❑Yes El No ®Not Applicable Policy 7. Protect and improve air quality in the Town of Southold. See LV , c� II — Policies Pages 32 through 34 for evaluation criteria. ❑Yes ❑No ®Not Applicable JUL 22 2025 -Ioning Board of ,gppeais Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No M Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III —Policies; Pages 38 through 46 for evaluation criteria. El Yes ❑ No M Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable Policy 11. Promote sustainable use of living marina resources in Long Isl ound, the Peconic Estuary and Town waters. See LWRP Section III —Policies; Pages 5711% 1s 6V r evaluation criteria. a l30 rd of ppaN ❑Yes ❑ No © Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. 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