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HomeMy WebLinkAbout20250554 178 Grand Ave Area Variance ApplicationCITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS > CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 11 "'.All ` I TEL: 518-587-3550 X2533 ,zbo CRATED www.saratoga-springs.org APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION Name (Application #) (Date received) (Project Title) Check if PH Required Staff Review APPLICANT(S)* OWNER(S) (lfnotapplicant) ATTORNEY/AGENT Joshua Kenneth Nixon 178 Grand Ave Saratoga Springs NY12866 Address 518-421-2668 Phone / nixonkjoshua@gmail.com Email Primary Contact Person: HApplicant Owner Attorney/Agent * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant's interest in the premises: 0 Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 178 Grand Avenue 1. Property Address/Location: 11 /30/2017 2. Date acquired by current owner: Residential 4. Present use of property: 165 66 3 6 Tax Parcel No.: - (for example: 165.52 — 4 — 37) U R-2 3. Zoning District when purchased: U R-2 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? 0 No 7. Is property located within (check all that apply)?: ❑ Historic District ❑ Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: To construct a 13' 6" x 5' concrete pad(patio) at the rear door of the walkout basement of the back of my house. (The South acing side of my ouse. 9. Is there an active written violation for this parcel? ❑ Yes 11 No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes e No 11. Identify the type of appeal you are requesting (check all that apply): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) la AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALsAPPLICAT/ON FORM PAGE 2 INTERPRETATION —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): I . Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: Section(s) 2. How do you request that this section be interpreted? 3. If interpretation is denied, do you wish to request alternative zoning relief? r]Yes []No 4. If the answer to #3 is "yes," what alternative relief do you request?❑ Use Variance ❑ Area Variance EXTENSION OF A VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑ Area 3. Date original variance expired: 5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? When requesting an extension of time for an existing variance, the applicant must prove that the circumstances upon which the original variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the neighborhood, or within the circumstances upon which the original variance was granted: Revised 01/2021 ZONING BOARD OFAPPEALSAPPLIG4 TION FORM PAGE.3 USE VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hardship in relation to that property. In seeking a use variance, New York State law requires an applicant to prove all four of the following "tests". That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property. "Dollars & cents" proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following reasons: A. Submit the following financial evidence relating to this property (attach additional evidence as needed): 1) Date of purchase: Purchase amount: 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement 3) Annual maintenance expenses: $ 5) Annual income generated from property: $, 6) City assessed value: $ 7) Appraised Value: $, Appraisal Assumpti Revised 01/2021 4) Annual taxes: $ Cost Equalization rate: Estimated Market Value: $ Appraiser: Date: ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 4 B. Has property been listed for sale with DYes If "yes", for how long? the Multiple Listing Service (MLS)? [QNo 1) Original listing date(s): Original listing price: $ If listing price was reduced, describe when and to what extent: 2) Has the property been advertised in the newspapers or other publications? DYes ❑No If yes, describe frequency and name of publications: 3) Has the property had a "For Sale" sign posted on it? ❑Yes ❑ No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? 2. That the financial hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood. Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement. This previously identified financial hardship is unique for the following reasons: Revised 01/2021 ZONING BOARD OFAPPEALSAPPUCAT/ON FORM 3. That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the character of the neighborhood for the following reasons: 4. That the alleged hardship has not been self-created. An applicant (whether the property owner or one acting on behalf of the property owner) cannot claim "unnecessary hardship" if that hardship was created by the applicant, or if the applicant acquired the property knowing (or was in a position to know) the conditions for which the applicant is seeking relief. The hardship has not been self-created for the following reasons: Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE G AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Side setback 8' 3.4' Total side 20 13.5' Other: To grant an area variance, the ZBA must balance the benefits to the applicant and the health, safety, and welfare of the neighborhood and community, taking into consideration the following: Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have been explored (alternative designs, attempts to purchase land, etc.) and why they are not feasible. It is unfeasible to purchase the driveway of 182 Grand avenue (Right side property line) in order to meet the required zoning setbacK trom the existing property ine. 2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood character for the following reasons: The addition of the concrete pad would not be visible from the sidewalk on Grand Avenue making no visual change to the neighborhood. My neighbor at 174 grand (Left side) has no sight line to the area as they have a retaining wall on their property blocking their view of the area in question. With the pad(patio) being virtually flush/on grade occupants at 182 Grand would not be able to see the pad without walking to the fence on the property line and peering over the fence. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The concrete pad (patio) would be 13' 6" x 5' and will be virtually on grade, with the exception of being slightly sloped and above grade to shed water away from the house. It's main purpose is to allow a safer means of egress to my driveway as it will be easier to clear off snow, ice, and shed water. I would submit that this is not in any way a "substantial" addition to my property. 4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: As previously stated there will be virtually no detectable visual change to the neighborhood from any location the public has access to and additionally virtual no visual change to my yard from the adjoining properties. Chemically, concrete is relatively inert with concern to run off/groundwater concerns. S. Whether the alleged difficulty was self-created (although this does not necessarily preclude the granting of an area variance). Explain whether the alleged difficulty was or was not self-created: Since the area in question is below grade from Grand Avenue and fairly flat and level, water tends to pool in the yard as a whole. This is particularly hazardous in winter when the puddles freeze. The runoff and pooling of water is simply a condition created by the slope of the land on the South side of Grand Avenue with my and the adjacent properties on my Block. Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CATION FORM PAGE 8 DISCLOSURE Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? 0 No ❑ Yes If "yes", a statement disclosing the name, residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION I/we, the property owner(s), or purchaser(s)/lessee(s) under contract, of the land in question, hereby request an appearance before the Zoning Board of Appeals. By the signature(s) attached hereto, I/we certify that the information provided within this application and accompanying documentation is, to the best of my/our knowledge, true and accurate. I/we further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. Furthermore, I/we hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated with this application for purposes of conducting any necessary site inspections relating to this appeal. - 6/25/2025 � Date: l (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Date: C Revised 01/2021 Short Environmental Assessment Form Part 1- Project Information Instructions for Completin? Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Joshua Kenneth Nixon Name of Action or Project: Building a 13' 6" x 5' concrete pad(patio) abutting the rear (South side) of my house at 178 Grand Avenue. Project Location (describe, and attach a location map): Abutting the south side of 178 Grand Avenue 13' 6" along the Southern edge of the house and extending 5' from the house towards the Sniitharn (Rank) nrnnarty lino Brief Description of Proposed Action: BDB Paving will construct a 13' 6" x 5' pad(patio) abutting the rear end (South) of my house. The pad would be approximately 3.4' from the right property boundary as per the survey provided. It would extend 5' from the back of the house parallel to the property line and remaining at that 3.4' setback from the property line. It will be slightly above grade and sloped away from the house (Southward) which should also prevent water ingress into my basement which is approximately 6" below grade. Name of Applicant or Sponsor: Telephone: 518-421-2668 Joshua Kenneth Nixon E-Mail: nixonkjoshua@gmail.com Address: 178 Grand Avenue City/PO: State: Zip Code: Saratoga Springs NY 12866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that R1 may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: ❑ ❑ 3.a. Total acreage of the site of the proposed action? 0.18 acres b. Total acreage to be physically disturbed? 0.0018 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0•18 acres 4. Check all land uses that occur on, adjoining and near the proposed action. 0 Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑✓ Residential (suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other (specify): ❑Parkland Page 1 of 3 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ✓❑ ❑✓ ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES ❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES Fv_1 ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES FV] ❑ ❑✓ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: Currently Municipal public water is supplied to the residence of 178 Grand Avenue, this concrete pad has no water connection NO YES ❑ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO I YES ❑✓ ❑ 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES R ❑ 7 ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES 7 ❑ ❑ 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland 21 Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES RI ❑ 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? ❑✓ NO YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑✓ NO ❑YES NO YES ❑ Page 2 of 3 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES Fs/� ❑ 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑� ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ,._, Applicant/sponsor name: V4 r, Date: 6/25/2025 Signature: PRINT FORM I Page 3 of 3 CITY OF SARATOGA SPRINGS 21 ZONING BOARD OF APPEALS z �U, Ha L - 474 far ORATEO �9�y Tel.: 518-587-3550 Xz533 www Sa rcvl mga —yam i vgy, o rg INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/ORVARIANCE EXTENSION APPLICATION REQUIREMENTS 1. ELIGIBILITY: To apply for relief from the City's Zoning Ordinance, an applicant must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning and Building Inspector that is not the subject of the application. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application. The ZBA will only consider properly completed applications that contain 1 original and 1 digital version of the following: ❑ Completed application pages I and 8, the pages relating to the requested relief (p. 2 for interpretation or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/ documentation. "HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" ❑ Completed SEQR Environmental Assessment Form — short or long form as required by action. http://vvww.dec. ny.gov/docs/perm its_ej_operations_pdf/seafpartone. pdf ❑ Detailed "to scale" drawings of the proposed project — folded and no larger than 24"x 36". Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). ❑ Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (www.saratoga-springs.org) for meeting dates. Revised 01/2021 ZONING BOARD APPEAL APPLIc4TION INSTRUCTIONS PAGE 2 PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety (90) days from when it is determined to be properly complete by City staff. City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in the legal notice section of a local publication at least 5 days before the hearing. PROPERTY OWNER NOTIFICATION Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following distances from the boundaries of the land in question: Type of variance Distance for property owner notification Use variance 250 feet Area variance & Interpretation 100 feet This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing. City staff will email a copy of the "property owner notification letter" to the applicant. The applicant must then send the notification letter to the nearby property owners. Applicants may not include any other materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post Office "certificates of mailing" to the ZBA. If "certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. Revised 01/2021 OGA .S City of Saratoga Springs City Hall - 474 Broadway :± r. Saratoga Springs, New York 12866 Tel: 518-587-3550 www.sarataga-springs.org Rai Office of Planning & Economic Development Application to City Council FEE Comprehensive Plan amendment $1,800 + $300/acre Zoning Ordinance amendment $800 + $300/acre Planned Unit Development (PUD) amendment $800 + $300/acre Application to Zoning Board of Appeals Use Variance $1,400 + $50/app Area Variance - Residential (1 & 2 Family) $350/1st var +$50/app +$150/ea add variance Area Variance - 3+ Family and Commercial $1000/1st var + $50/app+ $200/ ea add variance Interpretations $650 + $50/app Post Work Application Fee Application Fee x 2 + $50/app Variance extensions 50% of Application fee + $50/app Demolition $500 Residential Structures - 1 or 2 Family Principal or Accessory Structure Materials Change -roof, windows, siding $75 Fapade Change-removal/addition of windows, doors, porch $150 Addition or new construction $300 Approval Extension or Modification 50% of application fee 3 + /Multi -Family, Comm, Mixed -Use Principal or Accessory Structure Materials Change -roof, windows, siding, paint color $150 Signs, Awnings $150 Fagade Change-removal/addition of windows, doors, porch $300 Addition or new construction $650 Approval Extension or Modification 50% of application fee Application to Planning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit - extension $400 S eclal Use Permit - modification $550 + $50/app Site Plan Review - incl. PUD: Sketch Plan $400 per sketch Site Plan Full Residential $400 + $250/unit Non-residential $800 + $150/1000 sf Administrative SPR Residential $400 Non-residential $800 Extension Residential $250 Non-residential $350 Subdivision - incl. PUD: Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app Residential: 6-10 lots $1100 + $50/app Residential: 11-20 lots $1450 + $50/app Residential: 21+ lots $1800 + $50/app Residential - extension $350 Final Approval Residential $1,550 + $200/lot + $50/app Non- Residential $2,400/lot + $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 + $50/app Final Approval Extension Residential $250 Non- Residential $350 Uther: Lot Line Adjustment/Subdivision Administrative Action $400 Letter of Credit - modification or extension $400 Letter of Credit - collection up to 1 % of LoC Recreation Fee $2000/lot or unit Land Disturbance $750 + $35/acre Watercourse/Wetland Permit $750 SEQRA EIS Review Draft & Final TBD 6 �^ C. �a Q a r c+ M c - 150 L1 LO . • `o 150_._ o' o Lo Ln CO • a 150.__-- -- - - --156.28 Lo -- 155.80 CQ ,n CD 155.75 _--------- 150 �n • 0 _ - 1510) a - �o 151.70-- - --- 150.00 r3 Cl?cv; `o N i ,Fa r� Y7 N , C6,77 Go , z if N TOGA C� �Qt�sK�a� Property Description Report For: 178 Grand Ave, Municipality of City of Saratoga Springs, Inside Status: Active Roll Section: Taxable _ it Swis: Tax Map ID #: 411501 165.66-3-6 Property Class: 220 - 2 Family Res ■j Site: RES 1 r In Ag. District: No Site Property Class: 220 - 2 Family Res Zoning Code: UR2 Neighborhood Code: 15100 Total Acreage/Size: 0.18 School District: Saratoga Springs Land Assessment: 2025 - Tentative Total Assessment: 2025 - Tentative $56,700 $169,100 2024 - $56,700 2024 - $169,100 Full Market Value: 2025 - Tentative $417,500 2024 - $356,000 Equalization Rate: ---- Property Desc: S-09 B-E L-11 L-22 Inside Deed Book: 2017 Deed Page: 38114 Grid East: 680464 Grid North: 1547572 Area Living Area: 1,876 sq. ft. First Story Area: 938 sq. ft. Second Story Area: 938 sq. ft. Half Story Area: 0 sq. ft. Additional Story Area: 0 sq. ft. 3/4 Story Area: 0 sq. ft. Finished Basement: 0 sq. ft. Number of Stories: 2 Finished Rec Room 370 sq. ft. Finished Area Over 0 sq. ft. Garage Structure Building Style: Old style Bedrooms: 4 Fireplaces: 0 Porch Type: Porch-enclsd Basement Garage Cap: 0 Overall Condition: Normal Year Built: 1900 Owners Joshua Kenneth Nixon 178 Grand Ave Saratoga Springs NY 12866 Bathrooms (Full - Half): 2 - 0 Kitchens: 2 Basement Type: Full Porch Area: 204.00 Attached Garage Cap: 0.00 sq. ft. Overall Grade: Average Eff Year Built: https://saratoga.sdgnys.com/report.aspx?file=4115NOLLOCAL\T000003/411501165066000300600000000001.JPG&swiscode=411501 &printkey=165... 1/2 P4 Vt P/77/7) 1 02,5 F2 / r/GRAPHTC�SALE eo � Leo F. r/r y as - ,roes ., a r y 7Q G� a/e, 0 OIL t r �r't#71���%a i,_ _ ;r,+° T,d NIN /v x4d i/ � t t Y� ii' v i r F✓ � � - � RETAINING r WAIT GG/'s , VE1. 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