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HomeMy WebLinkAbout1000-30.-2-65 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jim King. President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 11, 2007 Proposed Wetland Permit for JOHN FRANKIS SCTM#1000-30-2-65 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. d. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback distance from the pool to the top of bluff line is 30 feetl a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findino. s~ purpose; iurisdietion; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Pursuant to If the proposed action is approved~ it is recommended that the Board'require a drywell to drain the pool to further Policy 5. Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. PI.,A~NING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Young$ Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Jim King. President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 13, 2007 Re~ Proposed Wetland Permit for JOHN FRANKIS SCTM#1000-30-2-65 The Planning Department has conducted a search for filed Covenant and Restrictions which may effect the proposed action. Please be advised that the proposed action is subject to Covenant and Restrictions dated May 14, 1975 and filed June 11, 1975 on Liber 7855 Page "unreadable" by the Pebble Beach Realty Inc. The document is attached for your use. ARTICL~ IlZ, ~ticm 11 thereto the followlr~J$ ' declaration ~ ~ ~ by an ~'-' holdin9 lot leas than 90t of the ~ ~ ~ ~hlp, The Association shall h~ve the riqht ~o ~pon dissolution of the A~$ocl&t~411~ and personal assets, £nclt~dinq the ~~'l~'Q~e~,J~s, ~I1 [~ .i ~' be dedicated to an appropriate public &ge~-y ~ utility t~ , . .' ~'~.~" any non-profit ~ration, ass~za~, . . . to ~ sa~e of ~e ~l~lt 1~ ~e~er shall not be ~ltted to el~t ~e map .nd .lny and all areas sho~'n off said l~lVili~ corded ~n the Suffolk County / and will convey to such assc~t&~o~ DECLARATION MADE this 14th day of May, 1975, Pebble Beach Realty, Inc., a domestic corporation of the State of New York having it's principal place of business at 301 Clay Pitts Road, East Northport, New York J. 1731, herelnafter cai. ted the Declarant; WHERE. AS, the Declarant is the owner in fee simple of a certain parcel of land situate at ~.',.~st Marion, Town of Southold, County of suffolk and State of Ne%~ York, b~,ing the premises described in. deed dated October 31, 1972 made by Arthur L. R. Francisco ~nd Helen T. Francisco to Pebble Beach Realty, Inc. recorded in the suffolk County Clerk's (.)f'~'ice on November 70, 1972 in Libor 7279 ~t page 489~ a metes a~d bounds descri~.tion of which is shown on Schedule A as attac~ncd hereto ind ~:~ade a part hereof, and £eferred to here~n as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premiseL to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the ~:ovenants, conditions and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "MaF' when used herein is intended to mean the subdivision map of 2. The words "lot" or "lots" when used herein mean the separate numbered parcels of land as shown on the subdivision map. 3. The word "street" when used herein means the streets or roads as shown on the subdivision map. 4. The word "open space" when used herein means the separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, corporation or partnership owning all or a portion of the premises shown on the subdivision map. ARTICLE II: The following Covenants and Restrictions applying to the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer: 1. No dwelling shall be erected having less than 1000 square feet of interior living area on the ground floor. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each d~elling shall have an attached garage with an asphalt or bluestone driveway extending therefromI to the street p vement line. Each dwelling shall have a gable, ~ hip, or pitched roof. No flat roofs shall be constructed. ~ 2. No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. NO more than two pets shall be maintained on the premises by any lot owner. 6. NO fences, either natural or man made, shall be erected or maintained on any lot in excess of four (4) feet in height except that this limitation may be exceeded if required by the zoning ordinance of the Town of Southold in connection with the construction of a swinm~ing pool or similiar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have it's front yard on the street of the longest dimension. 7. No title in and to the bed of the road is to be conveyed to the lot purchasers. The grantor retains the said title and the righ% to dedicate and convey the said title to the Town of Southold or to a lot owners' association, which associa- tion is as hereinafter provided. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground. 8. No nuisance nor noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall any accumulation of rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- eloper signs which comply with the Southold Town sign ordinance. A lot owner may maintain a "for sale", "for rent", or "pro- fessional office" sign on his lot not larger than 12" x 24". 9. No sand, earth or sod shall be removed from the premises construction, lawn and landscaping shall be installed and maintained thereafter in an attractive manner. 10. An owner of a water front lot facing on the Long Island Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. ll. The individual lot owner shall be responsible for, and repair or cause to be repaired, any damage to the paved and drainage swale areas of the road in front of his lot, which may be caused by the operation of .vehicles or machinery during construction or otherwise. 12. The use of each lot shall be limited to one family residential use. ARTICLE III- OPEN SPACE It is the intention of the Declarant that the premises are to be subdivided a~d developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open spaces on the subdivision map, to wit: Unless authorized by the Southold Town Board, 1. No structures shall be erected or placed in or on any open space. 2. No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be other removal of vegetation as may be required for the proper natural preservation thereof. 4. Subject to the foregoing provisions of this Article III, open space areas "A", "B", "C", and "D" shall be used solely for agricultural, recreational use of lot owners and their guests, and surface water drainage p~rposes, except that open space area "D" may also be used by the Village of Greenport for the purpose of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans therefor and the manner of construction thereof are approved by the Southold Town Board. 5. Open space area "E" shall be used solely as a bathing beach and related ~es by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant~ or its successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. 8. It is the intention of this Article III to restrict the open space's A to , inclusive, for the use, benefit and enjoyment i of lot owners, and therefor the Declarant covenants and agrees that it wall, at all times during the ownership thereof, maintain, the same at it's expense, for such purposes. Declarant further covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivis ion. 9. Declarant covenants and agrees that at or before fifty per cent (5(~) of the lots have been conveyed by it, that it within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to said open spaces A to , inclusive, together with any and all private streets shown on said subdivision map and any and all areas shown on said subdivision map for future highway dedication. 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. Il. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof which said by-laws and any. amendments thereto shall be approved by'the Town Board of the Town of Southold. 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and improvement of it's property and to secure such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protecfion of it's property and members. (h) That the association shall use, operate, and maintain all of it's streets, bathing beaches and other property owned by it in a safe: a~d proper manner and in accordance with the laws, rules and regulations, order and directions of the Town of Southold and other governmental agencies having jurisdiction thereof. (i) That the duration of the association shall be perpetual. 13. That all of the covenants, conditions and restrictions contained in this Article III shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, it's successors and assigns, their successors and assigns, and the Town of Southold, and it's successors and assigns. ARTICLE IV - STREETS 1. Declarant covenants and agrees to construct and main- of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the subdivision map is to be conveyed or intended to be conveyed to the owner of any lot and the Declarant, and it's successors and assigns reserve the fee of all land lying in the bed of aay and all such streets, and further reserves the right to convey to any municipal authority, or to the association, all of it's rights, title and interest in and to any part or all of such streets, should the Declarant, or it's successors and assigns at any time deem it expedient.to do so. 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the Southold Town Plan~ing Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within the subdivision and that it is imperative that the unpaved portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense make such repairs thereto as may be directed by said Board. No lot owner shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. 4. Declarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance with the requirements of the Town of Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall PEBBLE BEACH REALTY, INC., by: ~6sep]{ J. D6n6~n, Presiaen% STATE OF NEW YORK, COD/~TY OF SUFFOLK: ss On the /~day of May, 1975, before me personally came JOSEPH J. DONOVAE, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malvern, New York 11565; that he is the President of Pebble Beach Realty, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said.instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. TITLE No, 72-S-04720 SCHEDULE A DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York bounded and described as follovs: BEGINNING at a point on the northerly side of Main (State) Road adjoin&n§ the southeast corner of land.of Rutkowski Estate; running thence northerly along the lands of Rutkowski Estate, Village of Creenport, F.F. King the following courses and distances: (1) North 16° 25' 30" West 272.05 feet (2) Horth 16° 40' 30" West 447.07 feet (3) North 16° 23' 20" West 127.&7 feet (4) North 15' 28' West 102,95 feet (5) North 15' 29' 30" Want 310.56 feet (6) North 16' 16'. West 260,73 feet (7)*North 16' 29' 20" Weet 295.93 feet (8) North 16' 31' 30" West 266.33 feet (9) North 16' 29' 10" West 16?.l$,feet (10) South 69s 47' 10" West ~42.88 feet (11) North 21' 46' 00" West 692.&5 feet (12) South 66' 28' 10" West 604.90 feet (13) North 23' 22' &0" West 1365.0 feet to the Lone Island Sound; thence northeasterly e~ong the highwster mark of the Long Island Sound the following courses and distances: (1) North '38' IO' 40" East 406.74 feet (2) North 52' 02' 40" East 317.06 feet (3) North 59' ~6' 00" East 636.78 feet (4) North 38' 09' 30" East 623.16 feet (5) North 32' 44' 10" East 499.30 feet (6) North 26e 50' 20" East 697.59 feet to land of Bitten; thence southerly along said land the foTlowin,' courses and distances: (1) South 15° 18' 10" East 300.0 feet (2) South 13e 54' 10" East 816.76 feet (3) South 13' 31' 30" East 436.67 feet (&) South 13' 26' 40" East 557.97 feet (5) South 12' 41' 40" East 314.36 feet (6) South 13" &O' 10" East 446.72 feet (7) South 11' 47' East 126.&3 feet (8) South 13e 00' 20" East 132.76 feet (9) South 13' 01' 50" East 505,25 feet (10) South I3" 56' 20" East 200.0 feet (ll) South 15' 39' 30" East 200.09 fret (12) South 13' 36' 40" East 262.01 f,et (13) South 13' 56' 20" East 285.0 feet (14) South 12' 37' &O" East 153.04 feet (15) South 15e I0' East 213.06 feet (16) SOuth 16' 14' East 90.07 feet (17) Sours 16' 35' 20" East 239.6!) feet (18) South 72' 25' 10" West 144.42 f~et (lq) South 19' 47' 10" East 370.3~ f,!et to th. .~orcherly side o~ Main Road; theeeo ~esterlv a!os~ she ~ort%~:rl~ ~tde of ~si Road the following courses and distances: (1) South 56° 13' 40" West 255.0 feet (2) South 58' 06' 10" West 339.0 fnet (3) on a eurve bearing to the right ~ving ;~ radius of 217 Town of $outhold INSTRUCTIONS · All applicants for pem'd~* ,including Town of Southold proposed actions that ~ subject to the Town of Southold assessment is int,nded to ~uppl~ment other information making a d~t~nination of conaistency. *Except minor and other ministerial permits not located within the Coastal LWI~ CONSISTI~NCY ASSESSMENT FORM .... : .... ~ies,}~lall compl~ this CC~ ~m Constancy Renew ~w. .ed ~a To~ of Sou~old ~cy ~t ac~ i~tudtng Building ~ermi~ ~H~d Ar, a. 2. Before answering the questions in Section C, the preps'er 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 vrooosed action will be ewh,~a~ as_th its si~ificant ,b~. e~icial and edvcme e~ts unon the co_~l area (which includes all of Southold Town), 3, If any quest/on in Section C on this form is answered "yes" or "no", th~a the proposed action will affect thc acbievamcnt of the LWRP policy standmds and conditions contain~l in the consistency review law. Thus, ~eh snswer must be exvlo~,,_,a_ in detail, l~na both sunnort~e and non, suooortin~ facts. If an a~tion 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 o.f So.,uthold's wcbsite (southoldtown.nortb-fork.net), the Board of Trustees Office, file Plenmng iJepartm¢~nt[.~t,,~ local libraries and the Town Clerk's office. [. L/tL,t' 27 C07 . The Apphestion has been submitted to (check approprlat~ response), · Category of Town of Southold agency action (check appropriate'respunse): (a) co) (¢) Action undertaken directly by Town agency (c.g. capital construction, plan~ activity, agency regulation, land transaction) Financial assis~_noe (e.g. grmt, loan, subsidy) Permit, approval, lic, m~, certification: Nature and ext~rtt of action: Locationofaction: i~l~O ~l"l~/..~-~a~/i. ~a.~i~ ff~0f,o~ Site aorease: ;t i,, 1~06 Presem zonin$ classification: 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: JOhn (b) Mailing address: }~0 ~~ (c) Telephone number: Area Cod¢ ( ) 61/e-~,~,~: q~ o~ (d) Application number, iffy: Will the action be directly und~caken, require fundiag, or approval by a state or federal Yes [] No~ Ifycs, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide aH proposed Best Muuugement P~acficos thut will further each policy. Incomplete answers will require that the form be returned for completion. 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 LVt/I~.P $~tton III - Policies; Page 2 for evaluation criteria. [~¥eS [] No [~/~otApplicable AItach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of $outhold. Sec LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria [] Y~ [] No [~Hot Applicable ocs A-a4P Attach nddiQona! sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - l~olicies Pages 6 through ? for evaluation criteria [] Yes ~ No ~/~ot Applicable ~ach additional sheet~ if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of lifo, structures, and natural resources from flooding and erosion. See LWRP Section IVl - Policies Pages 8 through 16 for evaluation criteria Yes ~ No '~/'NotApplicable Attach additional sheets if necessary Policy $. Protect and improve water quality and supply in the Town of Southold. See LWRP Section - Policies PaIes 16 through 21 for evaluation criteria · ~ o ' ,~ A~ach addit[onal shee~s 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 Ill - Policies; Pages 22 through 32 for evaluation criteria. Ye~ No ~ot Applicable Attach ~ddition~l sheets if necessary Policy ?. Protect and improve nar qualit~ in the Town of $outhold. See L~ Section II! - Policies Page~ 32 through 34 for evaluation criteria, [] Yes [] No ~ot Applicable At~ach addit~onnl shee~s if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes, See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria, [] Yes [] No ~-~ot Applicable PUBLIC COAST POLICIES Policy 9, Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southeld. See LWRP Section ~ - Policies; Pages 38 through 46 for evaluation criteria, ~ Ye~ No ~/Not Applicable ~t~acb additional she~$ if necess3~/ WORK~G COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI.- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No ~-~ot Appllcable Attach additional she, et~ if~ecessa~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town water. See L~v~ Section IIX - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [--] No ~ot Applicable At~ach 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 ,n ca. II ' Id~[~u~*d. ~.1: ' I Attach additional sheet~ if neccssary Policy 13. Section IH- PoJic~_~;~es 65 through 68 for evaluation ~ Yes [] No ~ Not Applicable Promote appropriate use and development of energy and mineral resources. See LWi~ PREPARED BY ~ ~,~ TITLE TEST HOLE Brown s#fy loam OL Brown siffy sond heavy ~rclvef SM si/fy sond SM sand SP 19' 46' 7o LOT NUPIBERS REFER FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JUNE Il, ].975 AS FILE NO. 6266, TD 'MAP ~F PEBBLE BEACH FARMS' I am FamiUcr with ±he STANDARDS FOR APPROVAL AND CONSTRUCTION DF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and wi[[ abide by the conditions set Forth therein on the permi~ to construct, and The [ocation oF we(Is and cesspools shown hereon are From Fietd observations and or data obtained From others, Elevations are pe£erenced to N,G,V,D, AREA=26,605 S,F, I=NONUNENT TD TIE LINE '%_ SURVEY OF PROPERTY A TEAS T MARION TO WN OF SOUTHOLD SUFFOLK COUNTY, NEW 1000-30-02-65 SCALE: 1"=40' JUNE 25, 21302 AUG. I'~t, 2002 (,prop. hse.) AUG. 26, 2002 ( lest hole ) YORK 9618 7~5 i7'~7 02-20¢