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HomeMy WebLinkAbout3507 Southold Town Board of Appeals ~AIN I~DAD-~TATE RnAD ~5 SrlUTH[3LD. L.I., N.Y, TELEPHONE 15161 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3507 Application Dated May 2, ]986 (Public Hearin§ May 22, ]986) TO: Skinny Dip Pools, Inc. as Agent [Appellant(s)] for Mr. Nick The0phi]0s P.O. Box 108 Mattituck, ~Y 11952 At a Meeting of the Zoning Board of Appeals held on June 25, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2[A) [ ] Request for Application of NICK THEOPHILOS for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2(A) for permission to locate swimming- pool with deck and fence enclosure within 100' of bluff area along Long Island Sound, at 2200 Sound Drive, Greenport, NY; Lot No. 118, Map of Eastern Shores, Section 4~ County Tax Map Parcel No. 1000-33-1-16. WHEREAS, a publi, c hearing was held and concluded on May 22, 1986 in the Matter of the Appli. cation of NICK'THEOPHILOS under Appeal NOo 3507; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its pre%grit zoning, and the surroundimg areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully ccnsidered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the north side of Sound Drive, Greenport, is identified on the Suffolk County Tax M~ps as District 1000, Section 33, Block T, Lot 16, and is <nown and referred to as Lot #118 on Map of Eastern Shores, £ection IV, filed March 7, 1966. 2. The subject premises consists of a total area of 33,355 sq. ft. with frontage along Sound Drive of lO0.O feet, and average lot depth of 318± feet. The upland area between Sound Drive and the top of the bank/bluff area is a length of approximately 215 feet. The premises is presently improved with an one-s~ory, single-family dwelling, shown by survey dated August 15, 1985 prepared by Rcderick DATED: June 25, 1986. CHAIRFLAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Pa~e 2 Aopeal ~o. 3507 Matter of NICK THEOPHILOS Decision Rendered June 25F 1986 VanTuyl, P.C. to be set back approximately 70 feet (exclusive of rear porch) from the top of the bank, and approximately 57 feet inclusive of rear porch, at its closest points. 3. By this applications appellant requests permission to locate an 18' by 36' wide swimm~ngpool with a setback at its closest point to the top of bank at 23 feet. The pool as proposed is shown to be an accessory structure at a distance 15 feet away from the dwelling~ and centered bet~en~b~.iside pnoperty lines. Also propose~ around the pool are a three-foot wide wooden walkway, which would be set back not closer than 20 feet from its closest point to the top of bank~ and a fence as required by the code along the s~de and rear property lines. 4. Article XI, Section 100-1-19.2, sub-paragraph (A [1] requires all buildings proposed on. 19ts adjacen~ to Long Island Sound to be set back not less than 9ne-hundred (100) feet from the top of the bluff or bank. The board agrees that to locate the proposed accessory bu~ld~ng in compliance with this setback requirement woul~ be p]aci~ng same in front (to the south~ of the existing dwelling.. 5. It is the opinion of the board members that: (a) the pool be located as far back from the bluff edge as possible; (b) any draining of the pool or discharge not be piped over the face of the bluff. In considering this appeal, the board also finds and deter- mines: (a) although the ..pgrcentage of relief requested from the 100' setback requirement is substantial, the present setback is established at 57± feet, which is an automatic reduction of 43 feet; (b) the placement of the pool at a point not closer than 30 feet from the top of bank is not unreasonable and will not be detrimental to ad3oining properties or change the character of the district; (c) the circumstances are unique; (d) the practical difficulties are sufficient ~o warrant a conditional granting of a variance; (e) the diffi- culty cannot be obviated by some method feasible for appellant to pursue other than a var_iance; (f) that in view of the manner ~n which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by conditionally allowing a variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Sawicki and Grigonis, it was RESOLVED, that a Variance for permission to locate accessory sw]mmingpool with wooden walkway and fence enclosure within 100 feet of the Long Island Sound bank, BE AND HEREBY IS APPROVED in the Matter of the Application of NICK THEOPHILOS under Appeal No. 3507, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The pool and wooden walkway construction applied for shall remain an accessory structure, not to be attached to the dwelling or overhang ~n any form. 2. The pool and wooden walkway shall not be located closer than 30 feet to the top of bank. 3. There shall be no obstrusive lighting~which will be adverse ~o other properties. 4. There shall be no overhead lighting. 5. The fencing shall be of chainlink material. 6. There shall De proper groundcover between the pool and ~op of bank so as to aid in the prevention of erosion. Page 3 Appeal No. 3507 Matter of NICK THEOPHILOS Decision Rendered June 25, 1986 7. There be no drainage over the bluff area of water (from the pool, irrigation, etc.) into the Sound. 8. All fill must be placed landward of the bluff. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass, and Sawicki. This resolution was duly adopted. (Member Doyen was absent.) RECEFVED AND FILED BY ra~ SOUrHOLD TOWN C~ ~A~ ?/~/?~ ~o~u,~~ ~ ~o~ ~erk, TOwn ~u ~ ~ ~erk, ~n~~ NOTICE OF HEARINGS NOTICE tS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of'Southold, the following public hearings will be h61d by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY 22, 1986 and as follows: 7:35 p.m. Appeal No. 3399 - JOSEPH AND ANN PACELLI. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, depth and width of thr~ee parcels referred to. as Lots #1, 9 and 10, Map of Bayside Terrace, Southold, NY; Lot #1 located along the south side of North Bayview Road, and Lots #9 and #10 located along the east}~side of Summer Lane; County Tax Map District 1000, Section 78, Block. 9, Lots 1 and 16. 7:40 p.m. Appeal No. 3492 - JOYCE TESE. Variance ~o the Zoning Ordinance, Article III~ Section 100-32C, for permission to locate accessory three-car garage in frontyard area, at 800 Jackson Street, New Suffolk, NY; County Tax Map District 1000, Section 117, Block 10, Lot 5. 7:45 p.m. Appeal No. 3498 - GREENPORT N.Y. CONGREGATION OF JEHOVAH WITNESSES. Special Exception ~o the Zoning Ordinance, Article III, Section 100-30[B)[2] for permission so constr'uct addition and e~tablish same for religious, library use, a~ 1345 Indian Neck Lane (a/k/a 50 Spring Lane), Peconlc, NY; County Tax Map District 1000, Section 86, Block 5, Lot 1. 7:50 p.m. Appeal No. 3504 - GREENPORT HOUSING ALLIANCE. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate new single-family dwelling with insufficient total sideyards and insufficient northerly sideyard at 1300 Seventh Street, Greenport, NY; Map of Greenport Driving Park, Lot #369; County ~ax Map District 1000, Section 48, Block 3, Lot 16. 7:55 p.m. Appeal No. 3500 - NORMAN REICH. Variance to the Zoning Ordinances Article III, Section 100-31~ Bulk Schedule for permission to construct deck addition with insufficient rearyard setback at 655 Cedar Drive, East Marion~ NY; County Tax Map District 1000, Section 22, Block 2, lot 41. Page 2 Notice of He~rin~s Southold Town 5oard of Appeals Regular Meeting of Ma~ 22, t986 8:00 p.m. Nppeat No. 3483 -PHlLIP AND ELLEN BELLO~O. Variance to ~he Zoning Ordinance, Article III~ Section 100-32 for permission to locate accessory garage/storage building in frontyard area at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3065 - JOHN M. KERBS. Variance to the Zoning Ordinance, Article III, Section 100-3~, Bulk Schedule, for approval of insufficient area of three parcels in this proposed four-lot minor subdivision located along the south side of Middle Road (C.R. 48), Southold, NY; County Tax Map Distric~ 1000, Section 55, Block 3, Lot 3. 8:15 p.m. Appeal No. 3418 - GRETCHEN HEIGL (Recessed from April 3, 1986). 8:20 p.m. Appeal No. 3493 - WELLS PONTIAC-CADILLAC. Variances to the Zoning Ordinance, Article VI: (a) Section 100-60(C)[2](a) for permission to erect ground sign exceeding maximum 6'5" height requirement, and exceeding height requirement of 15'6" from ground to upper edge of sign; and (b) Section 100-60(C)[2](b)[4] for permission to place wall sign with projection of more than one foot, at 42155 Main Road (a/k/a 20 Peconic Lane), Peconic, NY~ County Tax Map Eistrict l'O00, Section 75, Block i, Lot 14. 8:25 p.m. Apoeal No. 349t DONALD J. GRIM. Special Exception of the Zoning Ordinance, Article IX, Section 100-90 for permission to constr~ct storage building and establish outside stockpiling of material uses in this "C-l' Heavy Industrial Zoning District. Location of Property: Lot #2, (Pending) Minor Subdivision ~450 of ~.B. Glover, south side of Oregon Road, Cutchogue; County Tax Map District 1000, Section 83, Block 3, Part of Lot 4.4, containing 4.59 acres. 8:30 p.m. Appeal No. 3477 KATHERINE AHD WILLIAM HEINS. Variance to the Zoning Ordinance, Article III, Section lO0-3t, Bulk Schedule for approval of insufficient area, width and depth of'two parcels in this proposed division located along the north side of ~ain Road, Orient, NY; County Tax Map Parcels No. 1000-19-2-5 and 6. 8:45 p.m. Appeal No. 3501 - NORTH FORK WELDING/SCHOENSTEIN. Variances to the Zoning Ordinance, Articles: (a) XI, Section Page 3 Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 22, 1986 lO0-119.2(B) for permission to locate new building within the required 75' setback from wetlands area, (b) VI, Section 100-60 for permission to expand nonconforming use of we.lding business in this "B-Li§ht" Business Zoning District located along the south side of Main Road, (S.R. 25), Greenp~rt~'NY; Couh%y Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 1~3, 174, Peconic Bay Estates Map #658, and Map #1124 as Amended. 8:50 p.m. Appeal No, 3471 - NICHOLAS TSIRKAS (Recessed from May l, 1986). 8:55 p.m. Appeal No~ 3497 - MARJORIE D. PETRAS. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition in excess of maximum-permitted 20% lot coverage requirement, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 9:05 p.m. Appeal No. 3507 NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for _ permission to locate swimmingpool with deck and fence enclosure within 100' of bluff area alon§ Long Island So,nd, at 2200 Sound ~ Drive, Greenport, NY~ Lot #118, Map of Eastern Shores, Section 4, County Tax Map Parcel No. 1000-33-1-16. ~ 9:10 p.m. Appeal No. 3458 - NORTH ROAD ASSOCIATES. Variance to the Zoning Ordinance, Article III, Section 100-31 Eor Article XIII, Section 100-136(E)] for approval of three parcels having insufficient area, and proposed Parcel #3 having insufficient depth, located o~ private right-of-way off the north side of Main Ro~d (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000- 018-4-1 (1.1). The Board of Appeals will hear a~ said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 16, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, May 15, 1986 and forward ~wo affidavits of publication on or before May 19th to: Board of Appeals, Main Road, Southotd~ NY 11971. 1K NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code o~ the Town of Southold, the following public hearings will be held in addition to those ~reviously advertised by the SOUTHOLD TOW~ BOARD OF APPEALS at the So~thold Tow[ Hall~ Main Road, Southold, NY at a Regular Meeting on THURSDAY, MAY 22, 1986: 8:10 p.m. Appeal No. 3506 ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to locate attached deck and seafood holding tanks within 75' of hig~ water and bulkhead, at 62140 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc.. Filed Map #535, Lots 1-9 inclusive. 8:50 p.m. Appeal No. 3509 HOWARD AND JANET MALONE. Variances to the Zoning Ordinance, Article: (a) III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient sideyard setback, and (b) Xt, Section 100-119.2(B) for permission to locate addition within 75' of ordinary highwater mark and bulkhead, at 250 Blue Marlin Drive, Greenport~ NY~ Southold Shores Map #3853, Lot #3; County Tax Map Parcel No. 1000-56-07-21. Dated: April 16, 1986. GERARD P. GOEHRINGER, CHAIRMAN (516) 765-1809 ATTENTION NEWSPAPERS: Please publi-sh Thursday, May 15th and forward two affidavits of aublication on or before ~lay 19th ~o: Board of Appeals, gain Road, Scuthold, NY; (516} 765-1809. TOSVN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . .......... . .~'_'~...~, ~...7. ...................... for pe~it to ~ .~..~ .~q~g .~ ............ } ......... at ~t~,~ of ~op~ty .. ~?.e ..... ~.~.~..~ ~ .... ~ ~ ~ ......... ~ou~ mo. ~ Ham/e~ County Tax ~ap ~o. ]000 Sectio~ ... O. ~ .~... mock .... ~. / ...... ~ot .. J.~ ........ Subdi~sion ................. Filed Map No ................. Lot No .................. is ret~ned herewith and disapproved on the follow~g ~ounds..~ ~..~. ~ ~. . . . - - .. . . . g . . . Building Inspector P.V 1/'80 ~ ,L..-~. 'FORM NO. 1 TOWN OF $OUTHOLD BUILD~NGDEPARTMENT TOWN HALL $OUTHOLO, N.Y. 11~)71 TEL.: 765-180:~ Examined ................. I9... Received ............ 1 Approved ................. 19.,. Permit No ............ Dksapproved a/c ..................... (Building Inspector) APPLICATION FOIl BUILDING PERMIT Date / ......... 19 INSTRUCTIONS a. This application muse be completely fi~ed ~ by B~pewfite~ or in ~k and submitted to the Bufld~g ~spector~ w~ sets of plans, accurate plot pl~ to sclc. Fee accord~g m schedule. b. Plot pim~ show~g location of lot md of build~gs on premises, mlafions~p to adjoin~g premises or pubic sw or areas, and giv~g a dot,led desc~p~an of layout of prope~ must be drawn on the diagram which is pa~ of this m cation. c.~ The work covered by t~s application may not be commenced before issumnce of Bu~d~g PermiL d. Upon approv~ of ~s app~eation, the Buiid~g ~spector w~l i~ued a Bufid~g Pemit to the app~c~t Such sh~ be kept on the pre~ses available for ~specfion throughout the wCrk. e. No bu~d~g shall be occupied or used in whole or Ln p~t for any purpose whatever unffi a Ce~ificate of Occupa sha~ have been granted by the Building ~spector. APPLICATION IS HEREBY MADE to ~e Build~g Dep~ment for the iss~nce of a B~Iding Pemit pm~u~t to B~ding Zone Ordnance of the To'~n of Southold, Suffolk Co,w, New York, m~ o~er applicable ~ws. Ord~ce Reg~ations, for the construction o~ b~ld~gs, additions or alterations, or for remov~ or demoli~om as here~ descfit The applicant agrees to comply vdth all app~cabte taws~ ordin~ces, bu~d~g code, hous~g code, and reg~afions~ ant admit authorized inspecro~ on.premises ~d~ b~ld~g for n~cessa~ ~spec~i~,~/~/~~~~ ...... ....... (S~gnature of applicant, or n~e, if a corporation) (Mailing address of applicant) State whether appgcantQ~__~tessee agent, architect, engLneer, general connector, electrician, plumber or build Name of owner of premises../~.~f~/Z .... .~..4g~'~Z;fi/~.~....~Q....~..~ ......... (as on the tax roll or latest deed If applicant is a c~po~%io~,-slgnature of duly authorized officer. (Name and title of co,orate officer) Builder's License No .......................... Plumber's Licen~ No ......................... Electrician's License No../~ ~.~ ............. Other Traae's License No · ; / ............ Location of land on whi.h proposed work will be done .... House Num her Street Hamle~ Subdivision ..................................... Filed Map No ............... Lot .............. (Name) 2. S~ate existing ~se and ~ccupancy ~f premises and intended use and ~ccupancy ~f pr~p~sed c~nstmcti~n: a. Existing use and occupancy . 3 .................................................. b. Intended use and occupancy ........ [~ .................. :~ ):?;.. ............ 3. Nature of work (check winch appncable): New Building Additk Akeration ........ Repa/r .............. Removal .............. Demolition ............. Other Work ............ /~f//~.?~..~. (Description) 4. Estimated Cost .......................... Fee ..................................... ~ (to be paid on filing this application) ? ---- 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... If gate, ge, number of cars ...... ~ ............................................ ~, ................. 6. If bdsiness, commercial or mixed occupancy~, specify nature and extent of each type of use ...: ............... 7. Dim&nsions of~ existing structures ff any: Front .... ~. ? .~. ..... Rear . ..~., .~ ....... Depth....~....~..~ ..... Height ...../.f}. ....... Number of Stories ... /, .................................................. Dimensions of same structure with alterations or additions: Front .......... Rear ... ~ ........... Height ~ Number of Stories ~ Dep~ ................................................................. 8. :Dimeasions of entire new construction: Front .... .~T~-.. ~ ....... Rear -- Depth .... -~-. ~-. ....... Height --~--' Nuraber of Stories..-~.-. .................................................. 9. Size oflo~: Front ...~.../..~.~ ............ Rear .. ~.//&? ............... Depth .~...O..°, ............... 10. 'Date of Purchase . .7~.~/~.' ~.~.. ~..~ .-~. ....... ~ Name of Former Owner .. F .......................... i 1. Zone or use district in which premises are situated...&C~5.-..-~T.. .......................................... 12. iDoesprovosed'construction_~iolateanyzo~ninglaw, ordinanceorregulation: ............... - .......... t3'. !Wi~;t ¢*~ f~grhded .. i.. Y.~..~. .................. 'Will excess fill be removed from premises: Yes'" t4. Nane of Owner of premises .................... Address ................... Phone No ................ Name of Archgect .... , ....................... Address ................... Phone No ............. Name of Contractor. ,,~/~J~;~. ~.~, .~.. 7... Address ................... Phone No..~. ~..~.~ff.~..-!. !.. 15. Is this property locate~wit~inti00 feet of a tidal wetland? * Yes .~.. No ..... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate ~learl~ m~d distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from :'~ ti~ ~ St~et'ahd 5toOk number o~ descrii~ti6n a~eco~ing to ~eed, aha show street names andindicate whether inter/or or corner lot. bTATE OF NEW CORK, COUNTY OF...[. ·; .................. being duly sworn, deposes and says that he is the applic~t , (Name of indivia He 1s ~e ..................................................................................... (Contractor~corporate officer, etc.) of sad owner or owne~, ~d is duly authorked ro perfm~ or have perfomed ~e said work and to m~e ~d file this app~ca/ion: that ~1 statements cont~3ned ~ this application a~ tree to the best of his ~owledge and belief; and that the work will be perfo~ed in the manner set forth ~ the apphcation filed therewith. Sworn to beibre me this ........ ~ ......... z4 .... yo~..:...~ ............... 19.~ // ~ ~ ~/ ~ -- Notm~ Public, . ...... ~ ~ ............... County ~ ~ ~ ~ ~ (Si~ature o f applic~t) REC~!¥~ TOWN OF SOUTHOLD, N~ YO~'~- TO THE-ZONING BOARD OF APP~LS, TOWN 0F SOUTHOLD,.N.Y. ~ ~ ~me of App~go~t Str~t ~nd ~um~r ...~~ .......... ~ ......... ~ ............. ~ ............ ,z~,...z,. ........... ,~ ~,o THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING iNSPECTOR ON ~'Z..1~ ~ APPLICATION FOR PERMIT NO ..................................... DATED .. ~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO .[~:~....~.~.~.~.,:.L.o.r ............... ~ome o{ Appli~ont ~or ~ermit ~ ~ o, .~:~.~ ............ ~o~_....~.:z ......... ~.~~ ....................... Street and Number Municipality State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) ~.LOC~TION OF THE ~O~TY,...~.~.~ .... ~....a~.~ ............................................ . Sfr~t' Use District ~ Zoni~ Map ..O.~.~......~..~.L...r..L~ ................................. ~ ~ ~,~,c~ ~~/~ Mop ~o. kot Mo. 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not ~ote the O~d~nance.) 3. TYPE OF APPEAL Appeal is made qerewith for A VAriANCE to tka Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of ~ew York Town Law CLap. 62 Cons. Laws Art. 16 Sec. 280A Sub~ction 3 4 PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ......................... Dated ................................. REASON FOR APPEAL ( } A Variance to Section 280A Subsection 3 ....(-----)-'-A Variance to the Zoning Ordinance ( ) is requested for the reason that ~,~?/~/~ (~/~/ S~_~"~ I..~r ~ ~] (Continue on o~er side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNK~UE and is not shared by al) properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNTY OF Sworn to this ........... Z~ .......................... day of....~ TE.~'r HOLE. ~UFF. ~:0. oE~r, oF HEALTJ4 ~VI~E~ ~TAT~MENT OF ~NTE~T O'