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HomeMy WebLinkAboutZBA-10/23/1997 1 � APPEALS BOARD MEMBERS SVFFO1� CD Southold Town Hall Gerard P. Goehringer, Chairman �� Gy 53095 Main Road Serge Doyen y '� P.O. Box 1179 James Dinizio,Jr. * e� Southold, New York 11971 Fax(516) 765-1823 Lydia A.Tortora �Ol �a0 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD _M I N U T E S REGULAR' MEETING THURSDAY, OCTOBER 23, 1997 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 23, 1997 commencing at 7:00 p.m. Present were: r Gerard P. Goehringer, Chairman Serge J. Doyen, Jr. , Member James Dinizio, Jr., Member Lydia A. Tortora, Member Linda Kowalski, Secretary to ZBA 7:00 p.m. Gerard P. Goehringer, Chairman called the meeting to order. I. RESOLUTION ADOPTED and READING OF PROCLAMATION: The Chairman thanked Member Doyen for all his years of dedication and service as Member of the Board of Appeals and everyone wished Mr. Doyen well in his retirement. The Chairman read the following Proclamation: (continued on next page) Fr Minutes - ag 2 � � p/ Aber 23 , 1997 ZBA a w� ti S � a C - C) t k SERGE J. DOYEN, has been a member of SOUTHOLD TOWN BOARD OFAPPEALS since the enactment of the first Southold Town Zoning Code and Master Plan on April 19, 1957;and W H E R E A S, Mr. Doyen„ an esteemed Public Official will retire on November 1, 1997, after representing the Town in official capacities as Member of the Southold Town Board of Appeals for 42 years and as a selected representative of the Southold Town Board on the Zoning Commission since March 15, 1955, and W H E R E A S, Mr. Doyen has always distinguished himself as a very dedicated and conscientious public servant to the People of the Town of Southold;and W H E R E A S, the BOARD OF APPEALS OF THE TOWN OF SOUTHOLD wishes to commend and recognize Mr. Doyen for his unique achievements and exemplary services, and to let him know that each of us at the Board of Appeals will miss him greatly as a dear friend and associate, NOW, THEREFORE,BE IT R E S O L v E D. that each of us at the BOARD OF APPEALS OF THE TOWN OF SOUTHOLD hereby expresses our most sincere appreciation to SERGE J. DOYEN for his unlimited expertise in zoning, unselfish dedication and untiring efforts, and genuine cooperation in the many hours he traveled to and from Fishers Island to serve on this Board; and be it further R E S O L V E D. that the Members of the Board of Appeals and Office Staff hereby further extend our very best wishes to Serge, our Dear Friend, in his retirement years ahead, and this resolution be presented to Serge after having been entered into the permanent official records of this Regular Meeting held this twenty-third day of October in the Year Nineteen Hundred Ninety-Seven. Gerard P. Goehringer, Chairman Serge J. Doyen, Jr.,Member James Dinizio, Jr.,Member Lydia A. Tortora,Member Linda Kowalski,Board Clerk MaryAnn Cybulski and Lucy Farrell Page 3 - Minutes Regular Meeting of October 23, 1997 Southold Town Board of Appeals PUBLIC HEARINGS (Agenda Item III) : The legal notice and reverse side of application were read in the introduction for each of the following applications at the start of each hearing. (Unless otherwise noted below, each hearing was held, and at the, end of the hearing, motion was made by Chairman Goehringer, and duly carried, to conclude and close the hearing, pending later deliberations.) 7:02-7:05 p.m. Appl. #4520.GG - STANLEY PAWLOWSKI. Variances are requested for "as built" tennis court construction which exceeds 20 0 allowable total lot coverage for all buildings and structures, and for location with reduced setbacks from property lines, partly located in an area other than the required rear yard. 1785 Crown Lane, Cutchogue; 1000-102-7-4. Mr. Stanley Pawlowski spoke in behalf of his application. After testimony was received, Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing, pending deliberations and decision later. (Please see verbatim transcript of statements addressed during the hearing.) Agenda Item II. SEQRA Declaration RESOLUTION: Under N.Y.S. Environmental Quality Review Act application files involving residential uses, accessory buildings, residential additions, setbacks, waivers under 100-26 -pertaining to substandard lots as exist, and lot line changes, were confirmed. to be Type II actions under the State SEQRA. list regarding tonight's . applications. No further procedure under SEQRA was required. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, confirming Type II Actions for Pawlowski, Fisher, Church of God, Rush variances, and Hay Harbor interpretation/variance. This RESOLUTION was duly ADOPTED. 7:05-7:15 p.m. Agenda Item IV-3b. DELIBERATIONS/RESOLUTIONS/DECISIONS: The board deliberated and adopted the findings and determination as shown on the attached decisions, the originals of which are on file with the Town Clerk's Office. Sarah Wickham Gicale (fence variance) James McAleer (deck and ramp variance) Lauren Albertson (deck variance) Agenda Item I - PUBLIC HEARINGS, continued: 7:15-7:40 p.m. Appl. #4509.LT: TONYES REALTY CORP. d/b/a Southold Automotive Corp. (Carryover from 9125). Property Location: Corner of Youngs Avenue and S/s Main Road, Southold. Ed Tonyes appeared and spoke in behalf of this application. After testimony was received and Page 4 - Minutes Regular Meeting of October 23, 1997 Southold Town Board of Appeals further board discussions, Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to recess for approximately 20 minutes. This RESOLUTION was duly ADOPTED. (Please also see verbatim transcript of. statements addressed during the hearing AND statements addressed during continued hearing at 8:28 p.m.) 7:40-7:50 p.m. Appl. #4519.JD - CAROLYN H. FISHER., Proposed deck addition within 100 feet of L.I. Sound bluff. 17975 Soundview Avenue, Southold. 1000-51-1-7. Mrs. Carolyn Fisher spoke in behalf of her application and furnished several photographs for the record. After testimony was received, Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing, pending deliberations and decision at a later time. (Please see verbatim transcript of statements addressed during the hearing.) 7:50-7:56 p.m. Appl. #4512.JD - CHURCH OF GOD IN CHRIST. Variances requested for "as built" ground sign as located with interior lighting and brick base. N/s C.R. 48, Cutchogue. Mr. Ernest Stilley spoke in behalf of this application. After testimony was received, Motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to close the hearing, pending deliberations and decision at a later time. (Please see verbatim transcript of statements addressed during the hearing.) 7:56-8:28 p.m. JOINT PUBLIC HEARINGS: Two applications by PATRICIA RUSHIN and PAMELA MOTTLEY regarding property located at 6850 Indian Neck Lane, Peconic, NY; County Parcel #1000-86-7-5 of 149,054 sq. ft., which project is further described as follows: Appl. #4522.JD - Special Exception is requested to convert existing principal building from one-family to two-family use, as provided under Article III, Section 100-31B(1); and Appl. #4523.LT - Variances under Article III, Section 100-32, Bulk, Area and Parking Schedule, as to existing nonconformities of the property size and building setbacks, for the proposed conversion of the existing principal single-family use to a two-family dwelling use, in addition to the preexisting guest cottage, which cottage is included in February 6, 1986 Certificate of Preexisting Occupancy #Z-14212. Zone: R-80. Mr. Patrick Brennan of Brennan Design Works spoke in behalf of this application and submitted his written synopsis and evaluation. At the end of receiving testimony and discussions from the Board, motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to recess the hearing until the next Regular Meeting of the Board, to wit: November 13, 1997. (Please see verbatim transcript of statements addressed during . the hearing.) This RESOLUTION was duly ADOPTED (4-0). Page 5 - Minutes Regular Meeting of October 23, 1997 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:28-8:44 p.m. CONTINUATION of Appl. #4509 - TONYES REALTY CORP. After receiving additional testimony from Mr. Edward Tonyes, and further board discussions, motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to RECESS the hearing until the next Regular Meeting of the Board, to wit: November 13, 1997. This RESOLUTION was duly ADOPTED (4-0). 8:46- 10:05 p.m. JOINT PUBLIC HEARINGS: HAY HARBOR CLUB, INC. located in this R-120 Zone District at Oriental Avenue, Fishers Island; County Parcel #1000-9-12-8.1, and project described as follows: Appl. #4503.GG - Special Exception under Article III, Sections 100-31B(7), subsections (a) through (d), to construct proposed new building for existing golf course and related golf uses. Appl. #4514.LT - This is an application based upon the July 22, 1997 Notice of Disapproval by the Building Inspector in which a permit to demolish and"reconstruct a golf clubhouse and employee housing were disapproved on the following grounds: ". . .Being located in an R-120 District this non-conforming building with a non-conforming use, permitted only by Special Exception (under Section 100-31B) shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use, Article XXIV, Section 100-243A,. . . ." for approval by Variance and/or Interpretation that golf club may have accessory employee housing. Patricia C. Moore spoke as Attorney for the Applicants. Also appearing and speaking in behalf of the application. were: Sandy Essers, Architect; Christian DeBonaventura; Mark Geomand, Club President; Bob Anthony, Secretary; Dick Duggin; T. Tammony, Head of Golf. Committee, and Jean Thatcher, Board representative. After extensive testimony, it was agreed to continue the hearing. Motion was made by Chairman Goehringer, seconded by Member Tortora, and duly carried, to recess the hearing to December 11, 1997. This RESOLUTION was duly ADOPTED (4-0). End of public hearings. The remainder of the public meeting continued as noted below. * * RESOLUTION (Agenda Items IV-1): On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to Approve Minutes for each of the following Meetings, subject to revisions, if any, later: Page 6 - Minutes Regular Meeting of October 23, 1997 Southold Town Board of Appeals October 9, 1997 Regular Meeting September 25, 1997 Regular Meeting August 28, 1997 Regular Meeting August 14, 1997 Regular Meeting. VOTE OF THE BOARD: AYES: GOEHRINGER, DOYEN, DINIZIO, and TORTORA. This RESOLUTION was duly ADOPTED (4-0). RESOLUTION: AGENDA ITEM V-2. On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to add the following application to the November 13, 1997 hearings calendar: *Appl. #4523.GG - DR. & MRS. PATRICK COLAGIURI. Variance to rebuild cellar, including garage below house, and other reconstruction which may be necessary for two dwelling uses on a .42+- acre lot. Applicant also to establish eligibility with Building Inspector regarding possible continuous since 1957 since Pre-CO will not issue due to condition of second dwelling unit (guest cottage) for Pre-CO. 2950 Park Avenue,. Mattituck. VOTE OF THE BOARD: AYES: GOEHRINGER, DOYEN, DINIZIO, and TORTORA. This RESOLUTION was duly ADOPTED (4-0). RESOLUTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to recommend REAPPOINTMENT of Gerard P. Goehringer as Chairman of the Board of Appeals for the Year 1998. VOTE OF THE BOARD: AYES: DOYEN, DINIZIO, TORTORA, and GOEHRINGER. This RESOLUTION was duly ADOPTED (4-0). AGENDA ITEM V. REMINDERS/MISCELLANEOUS: 1. Committee Sessions: Planning, Zoning, Other. 2. ZBA New Applications Pending Inspections, etc. 3. RESOLUTION regarding letter confirming owner's intended abandonment of Special Exception (Henry Smith) under ZBA Conditional Approval #3695 dated 1/11/88. RESOLUTION ADOPTED with respect to 1000-74-3-19.1 (formerly 19) as follows: Y O APPEALS BOARD MEMBERS SVFfO(� Southold Town Hall Gerard P. Goehringer,('hairman =�` Gyp 53095 Main Road Serge Doyen o - P.O.Box 1179 James:diniz_;%Jr. * Southold,New York 11971 y • �� Fax(516)765-1823 Lydia A.Tortora �4j ��� Telephone(516)765-1809 BOARD OF APPEALS . , TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 23, 1991 Appl. No. 4510 - Lauren Albertson PARCEL 1000-137-1-26 STREET & LOCALITY.: 1095 Track Avenue, Cutchogue DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the north/northeasterly side of Track Avenue, Cutchogue . This lot contains a total area of 16,594 sq. ft. and is more particularly shown on a map dated April 2, 1997. The subject premises is improved with the following: one-story frame dwelling, one-story frame garage, and new deck under construction pursuant to Building Permit #24224Z issued 6/26/97,. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 19, 1997 which reads as follows: ". . .under Article XXIV, Section 100-100-244B: In an R-40 District, the required . front yard setback for a lot less than 20,000 sq. ft. is 35 ft. The proposed deck addition encroaches on .the front yard setback by approximately nine feet. . . ." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate extended new deck along the southeast wall of the existing dwelling,, with a new front yard setback at 24 (or 24.7') at its closest corner between deck and property line .along Track Avenue (to the east) . The extended new deck size is 10 ft. by 19 ft. wide along the easterly yard (facing Track Avenue) . REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because viewing of the area finds other buildings have similar side yard setbacks. (2) The benefit sought by the applicant_ cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because this house is on a corner lot. o Page 2 - Octobe 23, 7 Appl. 44510: 1000-137-1-26 Southold Town Board of Appeals (3) The requested area variance is not substantial. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed deck will compliment the appearance of the house. (5) The situation has been self-created. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Deck shall remain open and not be enclosed as a porch or with any other type of enclosure. 2. The setback shall not be closer than 24 feet at its closest- point to the front property line along Track Avenue. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, DOYEN, and TORTORA. T;G9jERARD resolut' as�di do ( -0) This . �' l P. GOEHRINGER CHAIRMAN RESOLUTION ADOPTED Actions.all/137-1-26 APPEALS BOARD MEMBERS SUFFO(,� Southold Town Hall Gerard P. Goehringer,Chairman ^ �� ell�c 53095 Main Road Serge Doyen Von - P.O.Box 1179 Southold,New York 11971 James Dinizio,Jr. Fax(516)765-1823 Lydia A.TortoraCj � Telephone(516)765-1809 BOARD OF APPEALS. TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 23, 1997 Appl. #4513 - SARAH WICKHAM GICALE PARCEL 1000-110-7-17 STREET & LOCALITY: 160 East Road, Cutchogue DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the south side of East Road, Cutchogue, with frontage along Cutchogue Harbor. This lot contains a total area of approximately 39,995 sq. ft. , all as more particularly shown on survey map dated July 22, 1986 prepared by Roderick VanTuy 1, P.C. The map submitted with this application shows that the subject premises is improved with a single-family dwelling and accessory garage, . situate in the front yard area to the north of the dwelling. BASIS OF APPEAL: Building Inspectors Action of Disapproval dated July 8, 1997 which reads as follows: under. Article XXIII, Section 100-231A, fence located in the front yard of residential zones shall not exceed four (4) feet in height. Action required by Zoning Board of Appeals. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate, at a point 40 feet from the front property line along the westerly side property line, a proposed six ft. high fence for a running distance of 95 feet from the front property line, along the front yard area. The proposed six ft. height is shown also as an extension of a proposed fence as per code limitations within the first 40 feet of the front yard area. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the applicant's property is a wooded waterfront lot and the fence would not be easily visible to neighboring properties. Page 2 - October 23 997 Appl. 44513: 1000-110-7-17 (S. Gicale) Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant has testified that a 6 foot high fence is needed to safeguard the property from vandalism and unauthorized use. 3. The requested variance is not substantial, representing a two-foot increase over the four-foot code maximum height. 4. The situation has not been self-created because the applicant has testified that the increased fence height is to prevent an on-going problem of vandalism and trespassing. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the increased height of the fence will be obscured by mature wooded trees. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as requested. VOTE OF THE BOARD: AYES: GOEHRI ER, DINIZIO, TORTORA, and DOYEN. This resolution was du ad ted (4-0) . RARD P. GOEHRIN R, C AIRMAN je�xcae:k>B�xE�e3ckx$�E�k�kA�fkkx �c ' ' Actions.all/110-7-17 APPEALS BOARD MEMBERS StfFO ,{ ®�� C�� Southold Town Hall Gerard P. Goehringer,Chairman �� 53095 Main Road Serge Doyen o , - P.O. Box 1179 James Dinizio,Jr. Southold,New York 11971 N� Fax(516) 765-1823 Lydia A.Tortora �Oj ��®� Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 23, 1997 Appl. No. 4510: James McAleer PARCEL 1000-106-9-1.1 STREET & LOCALITY: 4250 Breakwater Road, Mattituck DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the east side of Luthers Road, Mattituck. This lot contains a total area of 43,771.71 square feet (or 1.005 acre) and frontage along Luthers Road of 180 feet, all as shown on the August 12, 1993 map submitted under this application. This- map shows 12 one-story cottages and accessory frame shower facility at the center of the property. A right-of-way is shown along the southerly side of the property which extends further east to other private lands. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated August 27, 1997, which reads as follows: . . .under Article XXIV, Section 100-243-A, being a non-conforming building with a non-conforming use in an R-40 Zone, said building shall not be enlarged, reconstructed or structurally altered unless such building is changed to a conforming use. . . AREA VARIANCE RELIEF REQUESTED BY APPLICANT: With regard to Cottage 7#11 only, applicant requests approval of: 1) "as built" 9 ft. by 12'10" deck and access ramp; 2) application was first modified to add a new 57' by 915" deck to the existing corner of the "as built" area; 3) a second modification was also requested by applicant for a new deck area at the north (side) of 9'5" by 22.3 feet and wraparound deck of 1019" by 10'1" along east (rear). of cottage. Page 2 - October 2., �997 Appl. #4510: 1000-106-9-1.1 (McAleer) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of alternative variance relief will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck addition is small and similar to others customarily enjoyed by residents in the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the land leased by the applicant is small in size and prohibits expansion without a variance. (3) The ' alternative variance relief is not substantial in considering the size of the deck addition and limited size of the lot area. (4) The proposed variance, as alternatively granted, will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the addition is of minimal size, and it will be an improvement to the cottage and nearby properties. (5) The situation has been self-created. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the. neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was DENY the relief as requested, and GRANT THE FOLLOWING ALTERNATIVE RELIEF: 1. Approve the "As built" 9 ft. by 12 ft. 10 in. deck and access ramp; 2. Approve a new 9 ft. 5 in. by 14 ft. by 15 ft. deck addition (wrap-around) to the north (side yard) and east (rear yard) of the existing cottage: 3. The applicant may, either move the existing access ramp parallel to (adjacent in a north/south direction and along) west side of the "as built deck" or provide steps per code; SUBJECT TO THE FOLLOWING CONDITIONS: a Page 3 - October 2-, _997 Appl. #4510: 1000-106-9-1.1 (McAleer) Southold Town Board of Appeals 1. The ramp shall not exceed beyond the existing footprint of the "as built deck." 2. In no event shall there be a front yard reduction toward, Luthers Road. VOTE OF THE BOARD: AYES: MEIVIBE GOEHRINGER, YEN, DINIZIO, and TORTORA. This re a ion w duly _77 GERARD P. GOEHRINGER, CH RMAN RESOLUTION ADOPTED 10/23 97 v xx;cxhche',chcxrcxxx�crcx�cxxxx$cxr'c Actions.all/106-9-1.1 Page 7 - Minutes Regular Meeting of October 23, 1997 Southold Town Board of Appeals WHEREAS, information has been provided by written request of Rudolph H. Bruer, Esq. by October 14, 1997 letter addressed and delivered to the Office of the Board of Appeals on October 15, 1997 to confirm ZBA Project Appl. No. 3695 to be abandoned, NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to confirm that the Action of the Board under Special Exception adopted 1/11/1988 under Appl. #3695 for Henry Smith, be and hereby is deemed ABANDONED. VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio and Tortora. This resolution was duly adopted (4-0). INFORMAL STRAW OPINION: Re: Appl. No. 4512 - CHURCH OF GOD IN CHRIST (JEFFERSON TEMPLE). In discussing informal individual opinions and deliberations, a straw vote was received for a possible denial (3-1) of the variance for internal-lighting and possible grant of the location of the sign with the brick base, as exists, at the next meeting. Member Dinizio, assigned member, will prepare a draft resolution with reasons to be considered for a resolution at the next board meeting. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting was adjourned. Res ectfully submitted, da Kowals 10/28/97 Attachments 7Three Ca7 De 'sions Berard P. Goehringer; Chair an `(�() By Resolution 11/13/97 D AND FILED BY w P"-`O :0 VV f D r r-Y�.