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HomeMy WebLinkAbout1000-117.-5-24 OFFICE LOCATION: OF SOUjyO MAILING ADDRESS: Town Hall Annex l0 P.O. Box 1179 54375 State Route 25 l~t l~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) G Telephone: 631 765-1938 Southold, NY 11971 :NS • Fax: 631 765-3136 ~~'~OOUNT'1,~` LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 6, 2013 Re: LWRP Coastal Consistency Review for MICHAEL & CELIA WITHERS SCTM# 117-5-24 Samuels & Steelman Architects on behalf of MICHAEL & CELIA WITHERS requests a Wetland Permit to construct an approximate 25.4'x23.3' addition to the existing dwelling; install drywells to addition; and an underground gas line. Located: 6635 New Suffolk Road, New Suffolk. SCTM# 117-5-24 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 actions are CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. *Ezcept 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 th7SEPp2 l JsV website (southoldtown.northfork.net), the Board of Trustees Office, local libraries and the Town Clerk's office. 6 2^13 B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 117 _ 5 24 The Application has been submitted to (check appropriate response): Zoning Board of Appeals Town Board 13 Planning Dept. [3 Building Dept. [E Board of Trustees i 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) I (c) Permit, approval, license, certification: FX7 Nature and extent of action: Construction of new one story addition to an existing residence. Location of action: 6635 New Suffolk Rd. New Suffolk, NY Site acreage: 1.363 Ac Present land use: Residential/Marina Present zoning classification: Ml 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: Michael & Celia Withers (b) Mailingaddress: P.O. Box 654 New Suffolk, NY 11956 (c) Telephone number: Area Code( ) 631-734-5646 I (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No x? 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 LWRP Section III - Policies; Page 2 for evaluation criteria. Q Yes ? No ? Not Applicable Adding to an existing residence preserves open space around the existing residence and makes efficient use of the existing structure and property. Also h addition to h gig ty is 14.5W less than the 20% lot coverage allnwpd by 7,nninq_ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria 13 Yes D No ~ Not Applicable There are no historic or archeological structures on property. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ® Yes 0 No 0 Not Applicable The addition to the existing residence is in keeping in style and scale of neighboring structures. 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 11 No E Not Applicable All rainwater runoff is and will be retained on site with the use of underground drywells. 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 13 All rainwater 13N ff PA andlwill be retained with the use of underground drywells. The sanitary system for the residence meets current Suffolk County Dept. of Health Services standards for sanitary waste water. The property is Rpryed with rnihlin- water from Suffolk County - 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. Q Yes [E] No © Not Applicable No development will take place in the "protected" or "natural indiginous environment" Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. © Yes ? No © Not Applicable The development will not add pollutants into the air. All construction vehicles meet the Federal standards for air pollution discharge. The mechanical systems of the residence meet the federal standards for air pollution discharge. 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. 13 Yes ? No El Not Applicable The construction and use of the residence will make use of the town's disposal and recycling center. 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. © YeEEI No D Not Applicable No public land involved. Littoral access unimpeded. 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 © Not Applicable The existing marina will be maintained and not affected by this Proposed expansion to the existing residence Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. © Yes ? No El Not Applicable This project will protect and preserve the living marine resources by maintaining all rainwater discharge and sanitary flow from the residence on site by approved SCDHS sanitary system and drywells for rainwater runoff. 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 El No D Not Applicable There are no agricultural lands on site. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ® Yes ? No ? Not Applicable The construction will be using equipment approved by the Federal government for energy usage. The residence will meet Federal standards for conserving energy "energy Star Program" and will use "NY State Energy Conservation and rnngt nt'nn rnriP" fn t t' of th PREPARED BV TITLE ~ycd DATE Created on 5125105 II:20 AM t~ _ ' ry+ v o 1 X mfr o1 ,s a 4' C~Oam ! Po © a asavna ~\x~ .YIA I INH6CF .al'W y .n9 ti1 .wa n ° 4u mm " r a ywa ~~w+ ma _ n 9 a~xo FD ar - fecoNn ~ aNFnr nonce COUNTY Of 9UFF0LN © F ° sou.xow eec*wxo RRy 01.".M AaBRG)' E e w.x.....~.....«x 117 M m~.m uam ° I". s~~n.a IYW • BOARD MEMBERS OF sou Southold Town Hall Leslie Kanes Weisman, Chairperson ~a TyO 53095 Main Road • P.O. Box 1179 l0 Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer w ~e Town Annex /First Floor, Capital One Bank George Homing i9z 54375 Main Road (at Youngs Avenue) Ken Schneider lyCOWN ~ Southold, NY 11971 http:l/southoldtown.noithfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 pp September 20, 2013 E Q E 7 @~ E Samuels & Steelman Architects SEP 2 6 2013 1 25235 Main Road J Cutchogue, NY 11935 and RE: ZBA Application #6670 - Withers Dear Ms. Steelman: Transmitted for your records is a copy of the Board's September 19, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson OF SOpj 53095 Main Road P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Gerard P. Gcehrin er Office Location: g G Q Town Annex /First Floor, Capital One Bank George Horning :RAS • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider I~COO Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19, 2013 ZBA FILE: 6670 NAME OF APPLICANT: Michael and Celia Withers SCTM 1000-117-5-24 PROPERTY LOCATION: 6635 New Suffolk Road, (adj. to School House Creek) New Suffolk, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps 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 July 11, 2013 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program LWRP Policy Standards. The LWRP Coordinator issued a recommendation dated August 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION- The property is a waterfront property in a Marine II district. It is an irregular shape. The property has 256.67 feet of bulkhead frontage on School House Creek. The property has 75 feet of frontage on New Suffolk Road and is bordered by another piece of property which is 75 feet wide and then continues for an additional 30 feet on New Suffolk Road. On the north side the property goes 125 feet east and then goes 125 feet north. Next the property goes 215.63 feet east. The property then goes 120 feet south and then 85.09 feet west until it hits the bulkhead. The south side of the property runs 234.56 feet from the road until it hits School House Creek. In the middle of the property is a developed lot which has 75 feet of frontage on New Suffolk Road and 155 feet on the south and north sides of the lot and 75 feet on the east side of the lot. On the property there is a 2 story frame house, an accessory frame garage and an accessory frame shed. There are also five floating wood docks and one long wood dock on School House Creek. The existing structure is 20.2 feet away from the bulkhead at its closest point. All is shown on a survey by Nathan Corwin Taft Licensed Land Surveyor dated March 14, 2013. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116(B) based on an application for building permit and the Building inspector's June 13, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling at 1) proposed construction at less than the code required bulkhead setback of 75 feet. Page 2 of 3 - September 19, 2013 ZBA#6670-withers SCTM#1000-117-5-24 RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to the existing dwelling with a proposed setback of 35 feet from the bulkhead, where the code requires a setback of not less than 75 feet from a bulkhead. ADDITIONAL INFORMATION: The existing accessory shed on the property has a certificate of occupancy to be in its existing location. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the proposed addition is characteristic of other residential properties in the neighborhood in both scale and design. It will not be seen from the street. This property is a unique lot in that it is a Marine II property with accompanying boat docks. Many of the houses in this neighborhood are older and are within 75 feet from a bulkhead. The proposed addition will not be less conforming to the code than the existing structure already is. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The entire structure is located within 75 feet of the bulkhead and would need a variance for any proposed addition. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 53% relief from the code. However, the proposed addition is a one-story addition located behind the house at the furthest distance from the bulkhead as possible. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the proposed construction must retain all water on site via new drywells and must comply with all best management practices for storm water runoff during construction. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dames, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Architectural plans by Samuels & Steelman Architects dated June 4, 2013 labeled pages SP, and pages 1-3. Page 3 of 3 - September 19, 2013 ZBA#6670 - Withers SCrM#1000-117-5-24 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require anew application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Reisman (Chairperson), Goehringer, Schneider, Dantes. Absent was: Member Horning. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing g /3> /2013 South E C, n *43~? w r r k L~JJ i ~J. _f < S.. . {erg ~ ~ vT~ i• Kt - ' , ' r 1 ~ ~~may{,.,A~'m k N I ^ t :v~~v.• 1. ~ cxi Sy . x West `t k° '},'d~A K s{:. f +f .bpd' = FF v,V,t e s Residence Date: 6/20/13 + t I 6 Jy. 1. I ' ? ri %a woman Bawls ! •r ; I 1. 4n Y ~~Y shs •~~I~`~-" 4.~ r z C rat CD I', Y: 21 CD o N C) ro CA) CD OLD HARBOR ROAD SI' SITE DATA E C F_? V SCTM # ICTM # 1000-117-05-24 LSEP 2 6 2013 EDI PROPERTY: ADDRESS ROPERTY: 6635 NEW SUFFOLK ROAD "cor kDDRESS NEW SUFFOLK, NY 11956 OWNER: )WNER: MIKE AND CELIA WITHERS N/0/F PAUL MAFFEI N/O/F P.O. BOX 654 NEW SUFFOLK, NY 11956 & THEODORE MAFFEI JOHN TOUHEY SITE: ;ITE: 59,379. SQ. FT. =1.363 ACRES Lu Y S 87'55'00" E C - I FOUND E & PATRICIA LOWRY OWNC. MON. 215.63' ZONING: TONING: M-1 APPROVED B /L>- ENCE ~LOOD ZONE: X 1.]'S. 1.3'E SPLIF RAIL ML FENCE FLOOD ZONI FENCE O.e•s. To SUR O rt VEYOR: iURVEYOR: NATHAN TAFT CORWIN III. BOARD OF TRUSTS S 'y 1586 MAIN ROAD TOWN OF SOUTH LD Z Z W N JAMESPORT, NY 11947 DATE W Z 0 LICENSE # 50467 1 13 1~ DATED; MARCH 14,2013' ~ Q I ~ ~ o M / a U) ~ I m LOC LOCATION MAP zW W I N/O/F za K~ a=W MILENKO L. BARISIC I Z•,1 / I a mE & ANNA BARISIC / K Ix~ o~ ~ m oy9 ZO A z ReO~ O GEORGE RD I I g xx ~ W r Pr i'o I-- 9 ~ ite O L II xp I x lW ` K o I I ^ 3~7` 04 j0 J O L3 21.9 4 Rp, Z O ' O I ~ lea. r I 4 lea• 4 t W I. 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BEDROOM CALE: a~ 1/4" = 1'. 0" SHEET TITLE: EXI5TIN HAL HALL FLOOR PLAN j2L rL !2L. SHEET NO: 'FIRST FLO FLOOR PLAN 1 SCALE: 1/4" = V -O" TRUSTEES NEW ADDITION WY 0 CO) zW z Wz 0 0 o °a cri F711 zww a~ LLJ -LLIEE - o 0 F- V~ LA ~Y o w0 Z LL W SOUTH ELEVATION w SCALE: z w Z. dla• m J ~ ~ o 0 8 W J' x w 2 LL 7 W• N F~ u MI ~w• NEW ADDITION 1a ~ g ~OF NEW YO y~Gy .SrFF~~ e T _ 7k G~ 0779 rOJECT NO: 1303 LEJ Lo DRAWN BY: KS/NS CHECKED BY: LIU DATE: 9/23/2013 SCALE: 1/4" = 1 0.. SHEET TITLE: NORTH ELEVATION N BUILDING SCALE: 1/4" Wl'-O" ELEVATIONS SHEET NO: .2 TRUSTEES NEW ADDITION WY 0 Z: o WZ LH o . 'Or Cl) °a Z °WW a~ M El L~ CO) o o~ c~ Z W0 W LL ~U) ~ Z WEST ELEVATION SCALE: 1/4" =1' -0" oa z w Q• o o W J • , ° ~W.. NEW ADDITION LL, u u (0) . ~01 OF NEW yO E3 yc ~\.STEF~ R~ Ml ~ * 2c 2 ~ s 077 53 .~F. G7S~ P ~ PROdFM'NV: 1303 DRAWN BY: - - - - - - - - - - KS/NS CHECKED BY: DATE: 9/23/2013 SCALE: 1/4" = 1' - 0" SHEET TITLE: EAST ELEVATION BUILDING SCALE: 1/4" =1' -0" ELEVATIONS SHEET NO: 3 TRUSTEES