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HomeMy WebLinkAbout1925 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAItD OF APPEALS Appeal No. 1925 Dated June 11, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James & Eileen Dugan 12 Gedney Avenue Smithtown, New York 1974 Appellant at a meeting of the Zoning Board of Appeals on July 11, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1974 the appeal 1. SPECIAL EXCEPTION. By resolution ~ the Board ~ was determined th~ a ~edal exce~ion ( ) be gra~ed ( ) be ~nied pursuant to Artic~ .................... Section .................... Sub~ction .................... parairaph .................... ~ the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~lrmedbeea~e 8:15 P.M. (E.D.S.T.) upon application of James and Eileen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side yard. Location of property: Osprey Nest Road and Maple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, Greenport, New York. Fee paid $15.00. 2. VARIANCE. By resolution of the Board ~_t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE clitficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use distric~ because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would n~) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient side yard located at Osprey Nest Road and Maple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, Greenport, New York. The findings of the Board are that this is a corner property with two front yards and to locate the house facing Maple Lane would be a hardship to the applicant as it would face barns and stables across Maple Lane, and also heavier through traffic. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York be GRANTED permission to construct dwelling with insufficient side yard at Osprey Nest Road and Maple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, Greenport, New York, as applied for, but subject to the following conditions: 1. That no portion of the house shall be closer than 40 feet to Osprey Nest Road. 2. That no portion of the house shall be closer than 10 feet to the westerly side yard. 3. That no portion of the house shall be closer than 30 feet to Maple Lane. Vote of the Board: Grigonis. Ayes:- Messrs: Gillispie, Bergen, LEGAL NOTICE Notice of ~earings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southoid, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Towrn of Southold, New York, on July 11, 1974 on the following appeals: 7:40 P.M. (E.DoS.T.) upon application of Gordon Ahlers, P.E., ~anor Lane, Jamesport, New York a/c Brasby's of Mattituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 & 35A for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area Location of property: Main Road & New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realty; west by Main Road. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, Swan Lane, Hauppauge, New York for a variance in accordance ith the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for per-mission to divide lot with insufficient frontage and area. Location of property: Hiawatha Path, Southo!d~ bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application of Elbert E. Austin a/c Wil!isau J. Eckartz, 315 Sound Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-30 and Bulk Schedule for permission to construct attached garage with insufficient sideyards. Location of [~roDerty tv ~ : S/S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New York. Legal Notice - Pg. 2 8:15 PoM. (E.D.S.T.) upon application of James & Eileen Dugan,'12 Gedney Avenue, Smithtown, New York for a variance ~n accordance with the. Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Sub- aivision, Greenport, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drossos, Main Road (Arshamomaque), Greenport, New York for a variance in accordance with the Zoning Ordinance, ~ticle VI, Section 100-60 C (3) (A) (B) (C)for permission to erect sidewall sign. Locat!on of property: N/W side Main Road (Arshamomaque), Greenport; bounded east by Long Island Lighting Company; south by Main Road; west' by John Drossos; north by Manor Grove Corp. Avenue, M. & P. Hopek, 8:40 P.M. (EoD.S.T.) upon application of Wickham &-~ark a/c 2!inton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 ~ Bulk Schedule and Section 280A Town Law for oermission to divide property and for approval of access with .nsufficient frontage and area. Location of property: E/S Grand Mattituck; bounded north by Rohrbach & Heuser; east by south by Long Creek; west by Grand Ave., Anrig, Surer; Hanson. 8:55 P.M. (E.D.S.T.) upon application of George F. Schmitt and Wife , 55 Marlborough Road, West Hempstead, New York for ~ermission to construct accessory (storage) building in front ~ard area. Location of property: W/S Truman Path, East Marion, iew York; bounded nor. th by Sullivan ~ Gorga; east by Tru~an's Path; south by E. Foster; west by.Marion Lake. Legal Notice - Pg. 3 Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: June 27, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, July 3, 1974, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on J~ne 27, 1974: The Suffolk Weekly Times Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Gordon Ahlers a/c Brasby's of Mattituck Manor Richard De Maria Elbert Austin a/c William J. Eckartz James & Eileen Dugan Nicholas Drossos ~ Wf Wickham & Lark a/c Clinton Muttitt George Sckmitt & Wf NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone OrCnance of the Town of South2d, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the ToWn of Southuld, New York, in the Town Clerk's office, Main Road, Southuld, on July 11, 1974 on the following appeals: I 7:40 P.M. (E.D.S.T.), upon :application of Gordon Ahlers, P.E., Manor Lane, Jamespert, New York a-c Brasby's of Mat- tituck Manor, Main Road & New Suffolk Avenue, Muttituck, New 'York for a v~riance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 34 & 35A for permission to con- struct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area. Location of property: M~in Road & New Suffolk Avenue, Mat- : tituck; beanded north by New Suffolk Avenue; east by J. Wickham; south by Peteco Realty~ west bY Main Road. 7:55 P2M. (E.D.S.T.)upon application of Richard DeMaria, 5 .Swan Lane, Hauppange, New York for a variance in ac- cardance with the Zoning Or- dinance, Article III, Section 100- ~0 and Balk Schedule for per- mission to divide lot with in- sufficient frontage and area. Location of property: Hiawatha Path, Southold; beanded north by W. Ulhorn; east by Hiawatha Path; south by C. Bcergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application of Elbert E. Austin a- c William J. Eckartz, 315 Seand Avenue, Peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 and Bulk Schedule for permission to construct at- tached garage with insufficient sideyards. Location of property: ,SS Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New York.~m~ ~8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dngan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient sideyard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section II, Cleaves Point Subdivision, Greenpert, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drosses, Main Road (Arshamomaque), Grecnpert, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VI, Section 100- 60 C (3) (A) (B) (C) for per- mission to erect ~[dewall sign. Location of property: N-W side Main Road (Arshamomaque), Greenpert; bounded east by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a- c Clinton Muttitt, North Country Road, Westhampton, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 & Bulk Schedule and Section 280A Town Law for permission to divide property and for approval of access with insufficient frontage and area. Location of property: E-S Grand Avenue, Mattituck;' bounded north by Rohrbach & Heuser; east by M. & P. Suter; south by Long Creek; west by Grand Ave., Anrig, Hopek, Hanson. 8:55 P.M. (E.D.S.T.) upon application of George F. Schmitt anti Wife, 55 Marlborough Road, West Hemp"+oad, New York for permissie ~ construct ac- cessory (swrage) building in front yard area. Location of property: W~q Trm'nan Path, East Marion, New York;, bounded north by Sullivan & OF SUFFOLK, Gorga; east by Truman's PUth;DF NEW YOHK, south by E. Foster; west by ss: Marion Lake. · Anypersondesiringtobeheard~.'{;.l~.~.l:'.~., ,~..., ,D.O, .~m.~., ........... being duly Sworn, on the' above Appeals should he appear at the time and pinee:t ....... is Printer and Publisher of the SUFFOLK above specified. Dated: Jtme 27, 1974 ~/' TIMES, ,, newspaper published at (ireenport, in said BY ORDER OF THE . SOUTHOLDTOWNnna t~at the notice, of which the tmnexed is a printed BOARDOFAPPEALSis been published in the s~id Suffolk Weeldy Times once in each week, f~rt ............ o..n.c.. {.]..). ...... weeks successively ~ommencing on llle ............. ~.~.h. ......... .......... Sworn to before me this ... ~.~..1) .... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the proyisions of the Amended Building Zone · Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held, at the Town Office, Main Road, Southold, New York by the Zoning Board of Appea~s of 'the Town of Southold, New York, on July 11, 1974 on the following appeals: 7:40 P.M. (E.D.S.T.) upon application of Gordon Ahlers, P.E., Manor Lane, Jam~,sport, , New York ale Brasby s of Mattituck Manor, Main Road & New Suffolk Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 & 35A for permission to construct decorative stone wall (fence) part of which will be over 4 feet in height in front yard area. Location ofproperty: Main Road & New Suffolk Avenue, Matti-' tuck; bOUnded north by New Suffolk Avenue; east by J. Wickham; south by Peteco' Realty; west by Main Road. 7:55 P.M. (E.D.S.T.) upon application of Richard De Maria, 5 Swan Lane, Hauppauge, New York for a variance in aceordanco · ulth the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient front- age and area. Location of property: Hiawatha Path, South- .old; bounded north by W. Ulhorn; east by Hiawatha Path; south by C. Boergesson; west by J. Derosa and another. 8:05 P.M. (E.D.S.T.) upon application of Elbert E. Austin a/c William J. Eckartz, 315 Sound Avenue~ Peconic, New York for a variance in accordance with the Zoning Ordinance. Article HI, Section 100-30 and Bulk Schedule for permission to construct attached garage with insufficient sideyards. Location of property: S/S Sound Avenue, Peconic, New York; bounded north by Sound Avenue, Lot No. 17, Peconic Shores, Peconic, New 8:15 P.M. (E.D.S.T.) upon application of James & Eileen Dugan, 12 Gedney Avenue, Smithtown, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient side- yard. Location of property: Osprey Nest Road & Maple Lane, Lot No. 50, Section Il, Point Subdivision, New York. 8:30 P.M. (E.D.S.T.) upon application of Nicholas & Patricia Drossos, Main Road (Arshamo- maque), Greenport, New York for a variance in accordance with the .V Zoning Ordinance, Article VI, Section 100-60 C (3) (A) (B) (C) for permission to erect sidewall sign. Location of property: N/W side Main Road (Arshamomaque), Greenport; hounded east by Long Island Lighting Company; south by Main Road; west by John Drossos; north by Manor Grove Corp. 8:40 P.M. (E.D.S.T.) upon application of Wickham & Lark a/c Clinton Muttitt, North Coun- q try Road, Westhampton, New York for a variance in accordance COUNTY OF SUFFOLK } STATE OF NEW YORK ss: C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Mattituck Watch- man once each week for ...~Z~Ad .... ~..Z./.. .... weeks' successively, ~oxmmencing on the .................. ~+,.: .................. day of ............ f .:.~.~.:.~ ./..~. ....... ......................... ........... Sworn to before me this ........................ day of ... .......... 4 .......... ....... .............. FORM NO. 3 TOWN OF SOUTHOLD BUILDING D£PARTMEN'r TOWN CLERK'S O.FFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .................................................................. Date ............... ~-~. ....... !.]......, 19.~....~ ......... !..~.....~..~....c~....~ ............... ............ PLEASE TAKE NOTICE that your application doted ................................... !.-( ......... , 19.2.? for permit to construct '"~'i .......... ~t the premises located at ....... ~..~...~' . .~....~... ~......~.....~.....~..~ ........... Map ..~.~...~.. ~.....~..- // .......... ,or .~.~ .............................. ~ disapproved on the following grounds ~ c~,~, ,~...~...,~..~ r,~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Appro¥ed ........................................ ~ 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................................................. )9.~..~ ....... INSTRUCTIONS a. Thi§ application must be completely filled in by typewriter or. in ink and submitted in triplicate to the Building Inspector, With 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. PIo~ p an showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The[work covered by this application may not be commenced before issuance of Building Permit. d. Updn approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be k~pt on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of o Building Permit pursuant to the Building ZOne Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulati0n~, for the construction of bu Idings, additions or alterations, or for removal or demolit on, as herein descr bed. The apphcent agrees to comply w~th all apphcable laws, ordinances, budding code, housing code, and ragu at ohs, and to admit autEorized inspector~ on premises and in, buildings for necessary inspections. (Signature of applicant, or name, if o corporatiOn) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .................................................................................................................................................... if applican~ is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ' ~"sP"~r ~ Plumber's License No ................................................. ElectriCian's License No ............................................. Other Trade's License No ............................................... h ' Clsa~res P~ ii ~0 Location of land on which proposed work ~i~[ be ~one. ~ap Ho.: ...................... , ................. Lot Ho ......................... Municipali~ Statej ex~sting use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and ~cupancy ................................................................................................................................ b. I~tended use and ~cupancy ............. ~ ~ 3. Nature of work (check which )licobie): New Buiiding, ...~--,% ........ A'" ":ion .................. Alteration ................ Repair .................. Removal .................. Demolitior ..................... Other Work .................................................... (Description) 4. Estimated Cost ..... r , , Fee .......................................................................................... ..................... '~3'~,'0DZ;"~ .............. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ..... , ...................... If garage, number of cars '"~.:,:~:C¢ ................................................................................................................................... 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, ]f any: Front ............................ Rear ................................Depth .................... Height ........................ Numar of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ - . Depth ~Z~...~ .~.~ ....... 8, Dimensions of entire new construction: Front .......... D~ ....................Rear ........~,~ ............... ~ , ~ Height .................... Number of Stories ...... f~]L~: ......................................................................................................... 9. Size of lot: Front...~,~,~ .............................................. Rear ....¢.,.~, .~ ............................... Depth ...... ~..~?~ ................... 10. Date of Purchase ..... f,9~.-...~.?~ .............................N~me of Former Owner .b.:.,::....:.~;~ 1 ~. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation: ............ e ........................................... i3. ~ill Jot be regraded . ....... ,-t~ ................ Will excess fill be removed from premises: (~) Yes ( ) No 14. Name of ~ner of premises ..~ ................................. ~ ...........Address ......... ~.~.,~:.,..~. .......Phon~ No Name of Architect ~..~ ....... ~q.~,.. ........................Address ................................Phon~ No. ~ame of Contractor ........................................................... Address ~ ~' ' ~',: Phone No. PLOT DIAGP~M Locate dearly and distinctly a~J buildings, whether existing or proposed, and i~dJcate ali set-~ck dimensions prope~y lines. Give street and block number or description according to deed, and show street names and whether interior or corner Jot. _TA~ e OF NEW YORK, ~c ~ COUNTY OF ;;.LL~£?_Zc ............... ,~, ~[:, ,,:;,~':.%~ .be'ng duly sworn, deposes and says that he is the apphcam (Name of individual signing contract) above named. Ne is the ..... ~ '¢~;¥-~- ............................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work ~nd to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set fo~h in the application filed therewith. Sworn to before me this ................... Nota~ P u b I ic ~7~. ~... ~.~n~ ................................................................. :'"': .......................... ~ - JUDITH T. BOKEN (Signature of app[[cant) Nofa~ Pubiic, S]a[e of New York Commission Exp~re~ M~rch TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR NO. DATE J~e 11 197W TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (We) ...,a..,~.,e,$...~......~..~..l:...e.?..,~-.,.D.,l~..~..~.~. .............. of 12 Gedney Ave Name of Appellant Street a'nd Number Sm~thte~ - N.Y. 1178 9, ......................................................................................................................... .~EREBY APPEL TO MuniciPal;iw State THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON A~PLICATION FOR PE~IT NO ....................................... DATED ....... ~,~..,..~]..,..J.~.~ ............. ~H,EREBY THE BUILDING INSPECTOR DENIED TO (z) ( ) ~e Name of AppJicant for permit Street and Number .Municipality State PERMIT TO USE for one i'a~ily d~cell:Lztg PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Osprey Nest Rd & -~4apie La "A" dist Street Use District On Zoning Map ,..C. l~.e,.V.~ ~...~.0.$;¢t.. ~ ~ ~... i~I ................. ~O ......... Greenport N.Y. MaP No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- seqtion and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ~t iii section 100-30 & Bulk Schedule 3. ! TYPE OF APPEAL Appeal is made herewith for (X j} A VAR[ANCE to the Zoning Ordinance or Zonin~ Map ( ) A VARIANCE due to lack of access (State of New Ybrk Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (J[~$) (has not) been made with respect to this decision of ~he Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance andl was made in Appeal No ................................. Dated .................................................................... REASON FOR APPEAL ~r ) A Variance to Section 280A Subsection 3 (~i A Variance to the Zoning Ordinance ( )' is r~quested for the reeso~ that : ~;Ye propose to build, a new one family dwelling J~eeu overall length (reverse floor plan submitted) and need to facJe t~he house on osprey~_~es~' Road. (Continue on other side) REASON FOR APPEAL Continued ]. STRICT'APPLICATION OF THE ORDINANCE would produce practicoI difficulties or unneces- sary HARDSHII~ be6ause 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because CHARACTER 'OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK COUNTY OF~ Sworn to this ............. ; .................... ..~., ......... day o_f ...... ~. ............................ c/ Notary Public ) ss .... .......... ) Slgnafure ~ L56 3 ? lO £, I(%). 0~.