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HomeMy WebLinkAboutZBA-05/03/1979 o� .� Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBERT W.GILLISPIE,JR.,CHAIRMAN M I N U T E S CHARLES GRIGONIS,JR. — — — — — — — SERGE DOYEN,JR. Southold Town Board of Appeals TERRY TUTHILL ROBERT J.DOUGLASS May 3 , 1979 A regular meeting of the Southold Town Board of Appeals was held at 7 :30 P.M. (D.S .T. ) Thursday, May 3 , 1979, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr. , Chairman; Charles Grigonis, Jr. ; Serge Doyen, Jr. ; Terry Tuthill and Robert J. Douglass. On motion by Mr. Gillispie, seconded by Mr. Douglas's,-..it was RESOLVED, that the Southold Town Board of Appeals approve minutes for the March 12 , 1979 , meeting. Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass . On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that the Southold Town Board of Appeals approve minutes for the March 19 , 1979 , meeting. Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass . PUBLIC HEARING: Appeal No. 2537 - Upon application of Wayne A. and Kathleen A. DePetris , residing at Clearview Avenue, Southold, New York, and John J. and Valerie Kramer, residing at 6 Kim Avenue, Smithtown, New York (Edward J. Boyd, V. , Esq. ) for a variance in accordance with the Zoning Ordinance , Article VII , Section 100-71 and Bulk Parking Schedule for permission to divide property with insufficient area and .width and for permission to construct a building with insufficient side yards. Location •SOUTHOLD TOWN BOARD OF APPEALS -2- May 3 , 1979 of property: Main Road, Southold, New York, bounded on the north by Rich; east by Rich; south by Main Road (State Road 25) ; west by Scott Ben Corp. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: Frederick P. Rich and Scott Ben Corp. THE CHAIRMAN: The application is accompanied by a sketch giving a possible plot plan arrangement for the use of this property which is 50 feet by 150 feet, approximately 7 ,500 square feet. Is there anyone present who wishes to speak for this application? EDWARD J. BOYD, ESQ: Gentlemen you have in the papers that have been submitted the applicants ' reasoning relative to this particular piece of property. As you can appreciate this a two step procedure we are going through. First, we must receive from you permission to set aside a parcel of property which was quite inadvertently joined in 1967 by the Ryan' s who own a piece of property immediately to the west of the subject property. The second part of the application has to deal with the parcel does not have the required width or the required square footage area. THE CHAIRMAN: Excuse me. The phrase is often used "quite inad- vertently joined" . I would like to know how Mr. and Mrs . Ryan would have separated the two parcels. MR. BOYD. One way to do it is put to the two parcels in different names. THE CHAIRMAN: If they could have forseen that zoning would have been modified requiring 20 ,000 square feet for business zoning in a light busi- ness zone. MR. BOYD: There are numerous ways they could have avoided that if they known. THE CHAIRMAN: That is what you mean then. MR. BOYD: In 1967 people were not as atuned to that requirement. THE CHAIRMAN: We always get this argument on merged lots , and I think it is true that people did not realize what would happen to two adjoining lots . MR. BOYD: I would be hard pressed to make that argument for someone who purchased property in the past couple of years . There have been so many cases of exactly this type. We are dealing with a 1967 purchase here. As I was saying the second part of the application has to do with the lot which if set aside is undersized for this business district. Colonial Village has plantings placed along the lot line where this property has SOUTHOLD TOWN BOARD OF APPEALS -3- May 3 , 1979 set out. We have a survey of the property which shows the actual size of the property. THE CHAIRMAN: When werwere inspecting the property we saw the electrical pole and the fire hydrant. How are you going to cut the driveway around these things. We see that the driveway is going to go on the easterly side of the property. Is the Southold Fire Department going to help you with the fire hydrant? MR. BOYD: When the office building is actually constructed we will be dealing with the Greenport Water Department who will move the fire hy- drant to . the west near the electrical pole. Now there are some plans for relocation of the LILCO poles on Main Street so that might be moved to the west a few feet. We arenc',t sure about that. We have also corresponded with the County concerning a curb cut. That will also be handled at the time of construction. THE CHAIRMAN: What about parking? It states here you have room for 6 cars in the rear of the building to be constructed. MR. BOYD: Mr. Fisher is writing a letter to the Planning Board con- cerning that for us . We are scheduled for the Planning Board next Tuesday night at 9 :30 P .M. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the applicants request permission to divide property with insufficient width and area for a business zoned parcel of property. The applicant also requests permission to construct a small office building with insufficient side yard setbacks. 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 the 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. On motion by Mr. Gillispie seconded by Mr. Grigonis , it RESOLVED, that Wayne A. and Kathleen A. DePetris, residing at Clear- view Avenue, Southold, New York and John J. and Valerie Kramer, residing at 6 Kim Avenue, Smithtown, New York, be GRANTED permission to set off a lot with insufficient area and width and be GRANTED permission to construct an office building with insufficient side yard setbacks. Location of prop- erty: Main Road, Southold, New York, bounded on the north by Rich; east by. Rich; south by Main Road (State Road 25) ; west by Scott Ben Corp, subject to the following: (1) Approval of the Planning Board concerning adequate parking. (_2) Suffolk County Planning Commission Approval. • SOUTHOLD TOWN BOARD OF APPEALS -4- May 3 , 1979 Vote . of the Board: Ayes: Messrs: Gillispie, Grigonis , Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2536 - Upon application of Clinton and Lorraine Finger, 131 Avery Avenue, Patchogue, New York,; for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for .permission to divide property with insufficient area and width. Location of property: Skunk Lane, Cutchogue, New York,'"'bounded on the north by Miraglia; east by Skunk Lane; south by Kowalski, Shepish and Young; west by Miraglia. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Michael and Marilyn Shepish; Robert and- Barbara Kowalski; Richard Miraglia. Fee paid $15.00 THE CHAIRMAN: The subject property consists, of approximately 201 on Skunk Lane on 'the .westerly side and' presently-has a two story frame' dwelling on the noreast corner which is set- back approximately 40 feet from the road. The: proposal is to divide the property into two parcels with one' parc'el containing 20;0:0,0 square feet .and the other parcel con- taining 40 ,000 square feet. The existirig- house will be on the parcel . containing 20 ,000 square feet. Is there anyone present who wishes to speak for this application: CLINTON FINGER: I have nothing further to say, but I' will be happy to answer any questions that the Board may have. MR. TUTHILL: I would be in favor of an east/west division of the property so two, 30 ,000 square foot lots would be created instead of creating a 40 , 000 square foot -lot with a, dog leg behind the existing house. THE CHAIRMAN: Mr. Finger, is there any particular reason you chose to' divide the property this way? MR. FINGER: I wanted to meet the present zoning standards on at least one of the lots to be created, thus the 40, 000 square foot lot. THE CHAIRMAN: We can understand that reasoning, but your property is .surrounded by a number of lots with 100 feet of road frontage and only 150 feet of depth- or 15,000 square feet. - The two lots to be created would be twice the size of the surrounding property lots. Is there 'anyone present who wishes to speak against this application? MICHAEL SHEPISH: I do not understand why he would not have to adhere to the present zoning ordinance. I have a neighbor who wanted to divide his property and the Town made him adhere to acre zoning. Why should Mr. Finger be allowed to vary the Ordinance when another person can't? ' SOUTHOLD TOWN BOARD OF APPEALS -5- May 3 , 1919 THE CHAIRMAN: When you have changes in the zoning ordinance where larger legal size lots are created, we are left with thousands of smaller sized lots that must be dealt':_with. This is why we have a Board of Appeals. If the lots to be created conform with most of the lots in the neighborhood, then we feel that a variance is justified. This gentlemen has 60, 000 square feet of property. The two lots that he is creating will each contain 30 , 000 square feet, which is two times the size of many of the lots there on Skunk Lane. We feel this is a more than reasonable request. MR: SHEPISH: What about water and cesspools. THE CHAIRMAN: That is up to the Board of Health Department. MR.- SHEPISH: Are there any water problems in that area? MR. FINGER: We have lived there for four years and never had a problem=: THE CHAIRMAN: Is there anyone else who wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the appli- cant is the owner of a parcel of land containing 60 ,000 square feet. His original proposal was to divide the property into two parcels the first of which would contain 20 ,000 square 'feet and the second lot would con- tain 40 , 000 square feet. The Board feels that the applicant should divide the parcel into two, 30 , 000 square foot lots accomplished by dividing the property directly in half east to west. This division is twice the size of most of the lots in this area. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created � s unique and would not be shared by all properties alike in the, immediate vicinity of the property' aicl in the same use district; and the variance will not change the character of the neighborhood and 'will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Clinton and Lorraine Finger, 131 Avery Avenue, Patchogue, New York, be GRANTED permission to divide their parcel of land into two, 30 , 000 square foot plots in an east to west direction over the 1.4 acres of land. . Location of property: Skunk Lane, Cutchogue, New York, bounded on the north by Miraglia; east by Skunk Lane; south by Kowalski, Shepish and Young; west by Miraglia. Vote of the Board: Ayes: Messrs : Gillispie , Grigonis, Doyen, Tuthill and Douglass. SOUTHOLD TOWN BOARD OF APPEALS -6° May 3 , 1979 PUBLIC HEARING: Appeal No. 2534 - Upon application of Sol' Berg, 484 Pine Neck Road, Southold, New York (Gilbert Lyons, as Agent) , for a variance in accordance with the Zoning Ordinance, Article III , Section 100-35 for permission to erect a fence which exceeds the height regulations and in accordance with Article III , Section' 100-32 for permission to construct a tennis court in the front yard area. Location of property: Pine Neck -Road, Southold, New York, bounded on the north by Jockey Creek, Pulitzer, Conroy, Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitz.er. The Chairman opened the hearing by reading the application- for a variance to the Zoning Ordinance, legal notice of hearing; affidavits attesting" to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Gloria Marchese, James and Eleanor Gibbons, James and Elizabeth -Hamilton, Harold and Ruth Conroy and Bess A. Pulitzer. Fee paid $15. 00 THE CHAIRMAN: The application is accompanied by a sketch which indicates that the proposed tennis court will be located 30 feet from Pine Neck Road, Is there anyone present who wishes to speak for this. application? GILBERT LYONS : I represent Tennis Courts Unlimited and we built a tennis court on the other . side. of Pine Neck .Road a year or so ago. If you will notice on your map the tennis court will be screened naturally with hedges and the fence. You will never see the tennis court from Pine Neck Road. The property is quite large so there is more than enough: room for the- tennis court. Since Mr. Berg 's house faces the water, he would prefer to have the tennis court here. THE- CHAIRMAN': I was surprised at how long the driveway was. MR. TUTHILL: I don't see any problem with this application due to the fact that he has over seven acres of property. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the-.appli- cant wishes to construct a tennis court in his legal front yard and have a fence 10 feet high which exceeds the fencing requirement in the Town of Southold. The applicant owns 7 . acres of property and has more than enough room to accommodate the. tennis court... 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 the 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. On .motion by Mr. Tuthill, seconded by Mr. Gillispie, it was SOUTHOLD TOWN BOARD OF APPEALS -7- May 3 , 1979 RESOLVED; that Sol Berg, 484 Pine Neck Road,. Southold, New York, be GRANTED permission to construct a tennis court in his front yard area and GRANTED permission to have a fence which exceeds the height requirements of the Town of Southold. Location of property: Pine Neck Road, Southold, New York, bounded on the north by .Jockey Creek Pulitzer, Conroy, Hamilton, Gibbons and Pollert; east by Jockey Creek; south by Pine Neck Road; west by Marchese and Pulitzer, upon the fol- lowing conditions: (1) The tennis court shall be no closer than 30 feet to Pine Neck Road. (2) Suffolk County Planning Commission Approval. Vote of .the Board: Ayes : Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: - Appeal No. 2535 - Upon application of Steve J. Doroski, North Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article VII , Section 100-81 and Bulk Parking Schedule for permission to construct a farm building with insufficient front yard setback. Location of property: Ackerly Pond Lane, Southold, New York, bounded on the north by North Road (C.R. 27) ; east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector.`�The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Village of Greenport. Fee paid $15. 00. THE CHAIRMAN: The property referred to is the one that contains a residence and a grading barn and the proposal is to build a barn on the southerly portion of the property. Is there anyone present who wishes to speak for this application? STEVE J. DOROSKI : I guess I go. I will be happy to answer any questions you may have. THE CHAIRMAN: What is your hardship, Steve? MR. DOROSKI : I have been in farming for 42 years and never have we experienced the vandalism that we are having now. They steal our batteries and gasoline every night. We need a building to put our tractors and trucks in. We will also be doing some grading there. MR. TUTHILL: How much is it going to cost to build this building? MR. DOROSKI : About $40 , 000 . 00 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response) . SOUTHOLD TOWN BOARD OF APPEALS -8- May 3 , 1979 After investigation and inspection the Board finds that the applicant is the owner of a farming operatin ;on the North Road, Southold, New York, and is requesting permission to build a storage building for the tractors and trucks . The applicant has been suffering from extensive vandalism and has a need for the storage building. The building will be 40 feet wide and 100 feet long and will be 25 feet from Ackerly Pond Lane. The Board expressed sympathy for the Applicant and agrees with his reasoning. 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 the 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. On motion by Mr. Gillispie, seconded by Mr. Tuthill , it was RESOLVED, that Steve J. Doroski, North Road,- Southold, New York, be GRAFTED permission to construct a farm building with insufficient front yard setback as requested. Location of property: Ackerly Pond Lane, Southold, New York, bounded on the north by North Road; east by Village of Greenport; south by Long Island Railroad; west by Ackerly Pond Lane. Vote of the Board: Ayes: Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2539 - Upon application of Vincent M. Annabel, Stillwater Avenue, Cutchogue, New York, for a variance in accor- dance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Stillwater Avenue, Cutchogue, New York, bounded on the north by Kiernan, E. Annabel and B. Annabel; east by Eugene ' s Creek; south by Krukowski and others; west by Stillwater Avenue. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a etter from the Town Clerk that notification by certified mail had been made to : Bernard Annabel, Theodore Krukowksi, Thomas Kiernan and Eugene Annabel. Fee paid $15. 00. THE CHAIRMAN: The application is accompanied by a map of the pro- perty of Harry Annabel and it was dated April 4 , 1956 , drawn by R. Van Tuyl, Greenport, New York. It is not indicated on this map how much of the property is meadow upland. The applicant wishes to divide the acreage into 3 parcels. Is there anyone present who wishes to speak for this appli- cation ? •SOUTHOLD TOWN BOARD OF APPEALS. -9- May 3 , 1979 MR. VINCENT ANNABEL: There is 2.4 acres in this parcel. Mr- krukowski the owner of lot 39 has asked me to sell him a strip of land out of this parcel. I told him I would if I could still get the three lots out of the land. THE CHAIRMAN: I do not see how you are going to get three lots out of the uplands. That meadow comes up quite-far on the lot nearest Mr. Krukowski. Have you been to the Department of Environmental Con- servation for their approval? What about the Board of Health approval? MR. ANNABEL: I didn't know I needed permission from the Department of Environmental Control. I have talked to the Board of Health and have a verbal decision, bur I don't have anything in writing. THE CHAIRMAN: The DEC would make this one lot unusable. MR. TUTHILL: You would be better off making two nice size lots, rather than three lots. • THE .CHAIRMAN: So much of this one proposed lot would be taken up with meadow you would not have sufficient room to construct 'a house. I think the first thing that we need from Mr. Annabel is a current sur- vey of the property so we can make sure how much of the land is really upland and how much is really tidal wetlands. It is very hard to make a sound decision looking at this 1956 map. The high water mark is not even shown here. MR. DOUGLASS : The meadow comes right up to the woods on that lot nearest krukowski. MR. ANNABEL: I thought]:I would have enough for three, 30, 000 square foot lots. MR. DOUGLASS : You will never get it on that one lot. You lose over 50 feet of the meadow land. You would have between 1/4 and 1/3 of that first lot that would be unusable. We have pictures of it. MR. TUTHILL: I still think that it would.-'be to your benefit to have just two lots instead of three. (A lengthy discussion ensued concerning the size of the lots to be created, the number of lots that will .be allowed, and the amount of meadowland involved. ) THE CHAIRMAN: Mr. Annabel, I think the best thing would be for you to bring in a survey which shows the amount of upland and the amount of meadow land. I think we had better recess this hearing and schedule it for May 24 , 1979, at 7 : 30 P .M. We really cannot make a proper decision at this time. MR. ANNABEL: If we find that I have enough land for three lots , will-,,you grant me a variance for three lots? I have a family problem involved here that I am working with. This property is still in an estate, and I have a brother who died fecently, and I am trying to get SOUTHOLD TOWN BOARD OF APPEALS -10- May 3 , 1979 everything straightened out. I realize the family problem is not your problem, but I would really like to have three lots . THE CHAIRMAN: If you have enough land, it would be my personal opinion that you could have the three lots. MR. DOUGLASS : Mr. Annabel , please understand that Mr. Gillispie ' s statement is his opinion, not the decision of the Board. ANTHONY ZARZECKI : Excuse me, we have a deed here to our property which shows that we have an access to Eugene Creek next to the property that is owned by Krukowski. We do not understand how Mr. Annabel is going to deed that land to Mr. Krukowski when we have access to the water. THE CHAIRMAN: Can we have a copy of the deed? We will have to take it up with the Town Attorney the next time we meet with him. On motion by Mr. Gillispie, .seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 2539 on application of Vincent Annabel be recessed until 7 :30 P.M. on Thursday, May 24 ,. 1979 . Vote of the Board: Ayes : Messrs : Gillispie, Grigonis, Doyen, Tuthill and Douglass . PUBLIC HEARING: Appeal No. 2540 - Upon application of Lee and Susan Courtenay, 47 Kings Drive, Riverhead, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width. Location of property: Westview Drive, Mattituck, New York, bounded on the north by Westview Drive; east by Reiff; south by Mattituck Creek; west by Reeve. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: Fred A. Reiff and Kathryn M. Reeve. Fee paid $15. 00. THE CHAIRMAN: The applicants are the owners of a parcel of land containing 2 . 1 acres and if divided as proposed will more than exceed the 40 , 000 square foot requirement under our present zoning ordinance. The only problem is that the road frontage will be 99 . 74 on the==: easterly lot and the frontage on the westerly lot will be 78 . 44 -feet. The houses that will be built on the lots will be 35 feet from the side yards and 100 feet from Westview Drive. Is there anyone present who wishes to speak for this application? LEE COURTENAY: I would like to speak for it. I would just like to •SOUTHOLD TOWN BOARD OF APPEALS -11- May 3 , 1979 say that the second lot you mentioned will also have 99 feet of road frontage. There are two courses there. 78 . 44 is the first one, and 21. 30 is the second. THE CHAIRMAN: Oh, that' s right. I 'm sorry, I didn't read the survey right. After investigation and inspection the Board finds that the appli- cants are the owners of a parcel of land bordering on Westview Drive which runs to Mattituck Creek. They wish to divide the parcel into two, ' one acre building plots which exceeds the Town Zoning Ordinance area re- quirements, but does not have the 150 feet on the road. The Board agrees with the reasoning of the Applicants . The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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. On motion by Mr. Grigonis , seconded by Mr. Tuthill , it was RESOLVED, that Lee and Susan Courtenay,. 47 Kings Drive, Riverhead, New York, be GRANTED permission to divide property with insufficient width. Location of property: Westview Drive, Mattituck, New York, bounded on the north by Westview Drive; east by Reiff; south by Mattituck Creek; west by Reeves , upon the following condition: (1) That neither of the lots created by this variance shall be further divided at any time in the future. (2) Suffolk County Planning Commission Approval. Vote of the Board: Ayes : Messrs : Gillispie, Grigonis , Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2538 Upon application of Greenport Lumber Company; Inc. , 67480 Main Road, Greenport, New York, for a special exception to the Zoning Ordinance, Article VIII , Section 100-80 B (16) for permission to use the yard for sale and storage of building materials. Location of property: Lot No. 156 Peconic Bay Estates, Greenport, New York. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GEORGE PENNY, IV: Yes , I am speaking on behalf of my father. THE CHAIRMAN: This will be an accessory building 50 feet in width by 120 feet in length? Then you are going to have a six foot fence around the property? MR. PENNY: We wish to erect the fence now so we can store lumber on the property and protect the property from vandalism. Then in a year •SOUTHOLD TOWN BOARD OF APPEALS -12- May 3 , 1979 MR. PENNY: We wish to erect the fence now so we can store lumber on the property and -protect the- property from vandalism. Then we are requesting permission to construct the building in a year or so at which time we will remove the fence. MR. GRIGONIS : The setback won' t be any problem, will it? MR. PENNY: No, it will be in line with the other buildings . THE CHAIRMAN: I do not think it is our power to grant you per- mission for the fence now and permission for the building in the future. We can give you the permission for the fence tonight. If you would like to amend your application, we can put a condition in ' the decision that the fence be removed and the construction of the building will begin within one year. MR. PENNY: Do you mean I will have to come backf:next year for another special exception? THE CHAIRMAN: If you will initial this application, we will amend it, and the decision will state that the applicant has permission to start the construction of this building after taking down the fence within one year from this date. Is there anyone who wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the appli- cant wishes to erect a six foot fence around a parcel of property 50 feet wide and 125 . 0 feet long in order to store and sell lumber in conjunction with his lumber business. The applicant also requests per- mission to take down this fence and construct a building within one year from this date. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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. On motion by Mr. Doyen, seconded by Mr. Tuthill , it was RESOLVED, that Penny Lumber Company, Inc. , 67480 Main Road, Green- port, New York, be GRANTED permission to erect a six foot fence and then remove that fence and construct a storage building. Location of property: Lot No. 156 Peconic Bay Estates , Greenport, New York, subject to the following conditions.: (1) Amended application initialed by George Penny, IV wherein the application was amended to reflect that the construction of the storage building would commence within a year. (2) Site Plan Approval from the Planning Board. SOUTHOLD TOWN BOARD OF APPEALS -13- May 3 , 1979 (3) Suffolk County Planning Commission Approval. Vote of the Board: Ayes : Messrs: Gillispie, Grigonis , Doyen, Tuthill and Douglass . PUBLIC HEARING: Appeal. No. 2541 - Upon application of Joseph Schoenstein, 165 The Short.: Lane, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article VI , Section 100-60 for permission to conduct a welding business in a "B" zone. Location of property: Pipes Neck Road, Greenport, New York, north by Swanson and Abbot; east by Keefee; south by Pekunka and Dobek; west by Main Road. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting .to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: Estate of Adam Pekunka, Dorothy Abbott, Caroline Dobek, and John Keefee. Fee paid $15 . 00. THE CHAIRMAN: This property is located on the south side of Main Road, west of Greenport. The map indicates that this old school building is more or less centrally located on the lot and that' itis in ""B" "Light Business Zone. The Building Inspector indicates that a welding business cannot be conducted in Light Business Zone. (The Chairman read the per- mitted uses in a Light Business Zone. ) Is there anyone present who wishes to speak for this application? JOSEPH SCHOENSTEIN: I have a portable welding business. I want to buy this old building so I can store all my welding supplies there so I can save time from running back and forth to my house. I was working on the boats on Sunday, and I-spent most of the day driving between my house and boat. MR. GILLISPIE: What kind of steel do you use? MR. SCHOENSTEIN: I use the kind for small jobs like fire escapes and that nature. MR. GILLISPIE: 2-1/2 by 2-1/2 angles or larger? MR. SCHOENSTEIN: This building is an old potato barn and very well insulated so there will be no noise or anything that :would disturb the neighbors . MR. TUTHILL: There would not be anything stored outside would there? All the things that you would work on and your supplies would not be out- side would they. We don't want it to look like a junkyard. SOUTHOLD TOWN BOARD OF APPEALS -14- May 3 , 1979 MR. SCHOENSTEIN: It won 't, because my wife is also thinking of having a craft store and she does not want my junk all around the Place. MRS . SCHOENSTEIN: That' s right. MR. SCHOENSTEIN: Well , I deal in small items such as fire escapes boat products , etc. There would not be anything large done there at the barn. It is an old potato barn that is well insulated so any noise would not be heard by the neighbors . MR. DOUGLASS : I see that someone has saved a 50 foot right of way along the western boundary line of the property. MR. SCHOENSTEIN: That ' s right. I have talked to all my neighbors and they have no objections to this at all. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response. ) MR. TUTHILL: The only thing I have to say is that I think the applicant should realize that we want no outside storage of any supplies or products to be worked on. We do not want to create a disaster there. Is that crystal clear? MR. SCHOENSTEIN: There will be no problem. After investigation and inspection the Board finds that the appli- cant is contract vendee to purchase this property to use the building for the storage of his supplies connected with his portable welding busi- ness. The applicant will also use the building during the winter to carry on his business. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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. On motion by Mr. Tuthill , seconded by Mr. Douglass , it was RESOLVED, that Joseph Schoenstein, 165 The Short Lane, East Marion, New York, be GRANTED permission to conduct a welding business in a "B" zone. Location of property: Pipes Neck Road, Greenport, New York, bounded on the north by Swanson and Abbot; east by Keefee; south by Pekunka and Dobek; west by Main Road, subject to the following conditions: (1) There shall be no outside storage of equipment or work that is to be completed by the applicant. -SOUTHOLD TOWN BOARD OF APPEALS -15- May 3 , 1979 (2) If the proposed number of employees on the premises becomes larger than. 2 , the applicant shall return to the Board of Appeals for a review of this action. (3) Suffolk County Planning Commission Approval. Vote of the Board: Ayes: Messrs : Gillispie, Grigonis , Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2543 - Upon application of Fishers Island Development Corporation, Fishers Island, New York, for a Special Exception to the Zoning Ordinance, Article III, '°Section 100-30 B (6) for permission to have a fence over six (6) feet in height for a tennis court. Location of property: Fishers' Island Country Club, . Fishers Island, New York, bounded on the north by Fishers Island Sound, FIDCO and Nelson; east by Balcom and Wadsworth; south by Private Road; west by Private Road and Preston-Reid, Inc. The Chairman opened the hearing by reading the application for a Special Exception to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: James H. Ackerman, Lucille P. Balcom, T. Jeerold & Helen Bryce, Caro- line E. Cant, Nicholas L. Castellano, F. I . Sea Wynde, Inc. , Ella Foshay,, . Estate of Sara E. Evans, Herbert Gasque and wife, Arthur A. Houghton, III , Dr. Edward and Mary Howe, Richard Miller-, Thomas Moriarty, Robert and Marg Nelson, Robert Patterson, Mary Denny, Scott Wray, Preston-Reid, Inc. , Albert Stickney, Tuscbay Properties, Inc. , Drusilla Van Hengel , Eliot and Sandra Wadsworth and Elizabeth J. Dobbin. THE CHAIRMAN: (Mr. Gillispie reviewed the requirements under the Zoning Ordinance for a Special Exception which is more restricted than an area variance) . How far is this tennis court from the road? MR. JANSEN NOYES : I am President of Fishers Island Development Corp. The tennis court, which is already constructed is about 100 feet from the road. MR. TUTHILL: We receive so many applications for fences around tennis courts that I think the Ordinance should be amended to take care of back stops for these courts. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the appli- cant requests permission to erect a fence around a tennis court that already exists and is set back from the road at least 100 feet on a 'SOUTHOLD TOWN BOARD OF APPEALS -16- May 3 , 1979 golf course which contains approximately 180 acres of property. 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 the 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. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED, that Fishers Island Development .Corporation, Fishers Island, New York, be GRANTED permission to have a fence over six (6) feet in height for a tennis court as requested. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Fishers Island Sound, FIDCO and Nelson; east by Balcom and Wadsworth; south by Private Road; west by Private Road and Preston-Reid Inc. , upon the following conditions : (1). Site Plan Approval of the Southold Town Planning Board. (2) Suffolk County Planning Commission Approval. Vote of the Board: Ayes: Messrs : CLllispie , Grigonis , Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2542 - Upon application of Fishers Island Development Corporation, Inc. , Fishers Island, New York, for a Special Exception to the Zoning Ordinance, Article III, Seceion 100-30 B (6) for permission to construct .an. addition to the present golf club house. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road, Moriarty, Van Hengel , Evans, Reid, Wray and Cant; east by Castellano and Miller; south by Block Island Sound; west by Fishers Island Development Corporation. The Chairman opened the hearing by reading the application for a Special Exception to the Zoning Ordinance, legal .notice of hearing, affidavits attesting to its publication in the official newspapers , and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to : James Ackerman, Lucille P. Balcom, T. Jerrold & Helen Bryce, Carole E. Cant, Nicholas L. Castellano, F. I . Sea Wynde, Inc. , Ella Foshay, Estate of Sara E. Evans, Herbert Gasque and wife, Arthur A. Houghton, III, Dr. Edward and Mary Howe , Richard Miller, Thomas Moriarty, Robert and Marg Nelson, Robert Patterson, Mary Denny, Scott Wray, Preston Reid, Inc. , Albert Stickney, Tuscbay Properties , Inc. , Drusilla Van Hengel, Eliot and Sandra Wadsworth and Elizabeth J. Dobbin. Fee paid $15 . 00 . SOUTHOLD TOWN BOARD OF APPEALS -17- May 3 , 1979 THE CHAIRMAN: The proposal is to add living quarters over the club house to house beach club personnel. This is on the south side of the Private Road. JANSEN NOYES, JR. : The offices and the restaurant and all are on the first floor and the living quarters will be on each end of the building. MR. DOUGLASS : This is the building with the large concrete pillars? MR. NOYES : Yes , that ' s right. It will be like dormatories. The men will be on the west end and the ladies on the east end. THE CHAIRMAN: The plan says there will be bedrooms , baths and common living rooms .on one end and the other end has two bedrooms, two living rooms and two bathrooms . How many employees will live upstairs? MR. NOYES : Between 6 and 9 employees . I think the chef will have his wife with him. And maybe one other employee will also. THE CHAIRMAN: Have you been to the Board of Health on this? MR. NOYES : Yes. THE CHAIRMAN: Is there anyone who wishes to speak against this application? (there was no response) . After investigation and inspection the Board finds that the appli- cant wishes to construct an addition on their beach club house in order to provide housing for the personnel that works at the beach club. The beach house is in an isolated area and is located on the south side of a private right-of-way. 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 the 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. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED, that Fishers Island Development Corporation, Inc. Fishers Island, New York, be GRANTED permission to construct an addition to the present golf club house. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; Moriarty, Van Hengel, Evans , Reid, Wray and Cant; east by Castellano and Miller; south by Block Island Sound; west by Fishers Island Development Corporation. , upon the following conditions : �SOUTHOLD TOWN BOARD OF APPEALS -18- May 3 , 1979 (1) Site Plan Approval of the Southold Town Planning Board (2) Board of Health Approval. (3) Not more than 9 employees may be housed on the premises. (4) The living quarters shall be used for seasonal use only which shall be from March to December of each year. (5) This beach club cannot be sold or separated from the 180 acres of the golf course unless at least 3 acres surrounding is preserved. Any change of ownership or use shall be referred to the Board of Appeals for their approval. (6) Suffolk County Planning Commission Approval. Vote of the Board: Ayes : Messrs: Gillispie , Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2544 - Upon application of Fishers Island Development Corporation, Fishers Island, New York, for a Special Exception to the Zoning Ordinance, Article III , Section 100-30 B (6) and (8) for permission to construct a multiple dwelling to house employees . Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; east by Sea Wynde, Inc. ; south by Sea Wynde, Inc. ; west by Private Road. The Chairman opened the hearing by reading the application for a Special Exception to the Zoning Ordinance, legal notice of hearing, affi- davits attesting to its publication in the official newspapers , and dis- approval from the Building Inspector.. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: James Ackerman, Lucille P. Balcom, T. Jerrold & Helen Bryce, Carole E. Cant, Nicholas L. Castellano, F. I . Sea Wynde, Inc. , Ella Foshay, Estate of Sara E. Evans , Herbert Gasque and wife, Arthur A. Houghton, III, Dr. Edward and. Mary Howe, Richard Miller, Thomas Moriarty, Robert and Marg Nelson, Robert Patterson, Mary Denny, Scott Wray, Preston-Reid, Inc. , Albert Stickney, Tuscbay Properties, Inc. , Drusilla Van Hengel, Eliot and Sandra Wadsworth and Elizabeth J. Dobbin. Fee paid $15 . 00 THE CHAIRMAN: ' The proposed building to be constructed is 72 feet long and 26 feet wide and consists of several bedrooms , living rooms, utility rooms, and bathrooms. It was originally to be located at a point on the FIDCO property--,,which was only 18 feet from Sea Wynde, Inc. and 80 feet from the Private Road. The proposal has been redrawn and the building will now be located 63 feet from Sea Wynhe and 52 feet from the Private Road. MR. NOYES : Originally the barn was housing .for both golf course personnel and club personnel. This present location shows it close to what is a driveway going up to the Bryce ' s. The structure however could bemoved this way since we have 100 ' s of yards. MR. DOUGLASS :. That is where your shop is now? MR. NOYES: This is the shop where they work, and where they had always lived until we had to move them to temporary housing because we SOUTHOLD TOWN BOARD OF APPEALS -19- May 3 , 1979 had to either build it. MR.',.-DOYEN: Are you going to demolish this? MR. NOYES : No, we have put a new roof on it and it is used for storage, country club equipment from-: the' beach club and the basement is used, and will continue to be used for the maintenance of the trucks and tractors for the golf club. So this is a natural place for them. The only reason we had moved it to the other locaction was that the neighbor would prefer it , and he didn't. So we are planning to move it back where we..,were going to put it originally. MR. DOUGLASS : You are working yourself out of trouble by doing this. MR. NOYES: Beg your pardon? MR. DOUGLASS : You are working yourself out of trouble. Where you had the building before you would not have even had any drainage. MR. NOYES : It would have been more difficult to do an adequate septic system. THE CHAIRMAN: Are you going to use this lake for irrigation? MR. NOYES : This is a shallow lake. It, was originally lowland and filled with a hurricane in the late 30 ' s and has been fresh water ever since. There is a pond there which we have deepened and we hope to water six holes with it. The water pressure on that end of the island is somewhat limited and we get complaints from Mr. Luce about it. Our thought is that if we can take a third of the demand at peak periods for the golf course that it will help the whole end of the island. The new requested location is completely surrounded by the golf course. It is really a more natural location for us. It is. almost exactly where the people were housed before. MR. TUTHILL: Where are we talking about now? I gather we are not talking about the property over here? MR. DOUGLASS : The original location was. the filled land. This is the road that goes out to the point. The other road is just a road around the golf course. MR. DOYEN: When you go to Luce ' s you cut'- off here. THE CHAIRMAN: Which golf hole is this here? MR.- NOYES ., This is the 8th hole and the 9th one goes down here. THE CHAIRMAN: Is that the one that goes out toward. . . . . MR. NOYES : The lighthouse. You go over a big trap and then down. SOUTHOLD TOWN BOARD OF APPEALS -20- May 3 , 1979 MR. TUTHILL: Doesn't the new location eliminate all our problems? MR. DOUGLASS : It eliminates them all. THE CHAIRMAN: Now the DEC even walked away from them. MR. DOYEN: Did you have an inspector from the Department of Environmental control look at the location? MR. NOYES : He approved the location because there is a paved road between the location and the wetlands. THE CHAIRMAN: Is there anyone present who wishes to speak against this applicatioft MR. MARK ANDREWS : I just want to make a remark for the record. I am an officer and shareholder of Sea Wynde, Inc. We strongly objected to the first location on the grounds that it was very near our property and would change the character of the property. We don't object to the revised location. We just want that on the record. THE CHAIRMAN: Is there anyone else who wishes to say anything? LEONARD PILZER: I am here from the firm of Richard Pellicane on behalf of Sea Wynde, Inc. In light of the fact that at the time Mr. Noyes read into the record the tape was being changed. In order to protect Sea Wynde, we would like to reinterate the new location. It was originally . . . . Sea Wynde owns three. lots, two smaller lots situated north of and adjacent to the southern lot. The original location was on the lot northwest of and adjacent to the northern most lot. It is now removed from that lot and situated north thereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. Upon that stipulation, we agree to that change. THE CHAIRMAN: Does that describe it accurately, Mr. Noyes? MR. NOYES : Yes, it does. THE CHAIRMAN: All these lots that are marked FIDCO, and that are delineated, is that some developer ' s dream? MR. NOYES : They were originally laid out in 1923 by a Mr. Olmsted of Boston, who l&id out Grand Central Park and many other places. We stayed with the layout over the years. Some of them have gone underwater and many of them have been used for other things . MR. DOYEN: It is my understanding that this is an open development area so it my understanding that these lots are sold by description rather than being sold by a subdivision. THE CHAIRMAN: You still have to conform to the zoning requirements. SOUTHOLD TOWN BOARD OF APPEALS -21- May 3 , 1979 MR. NOYES : These lots are all over an acre. But they have not been offered for sale publicly. THE CHAIRMAN: Are there any other questions? After investigation and inspection the Board finds that the applicant requests permission to construct a new building to house seasonally six to nine people in a one-story, 3 apartment building with three living rooms , laundry facilities , utility facilities. This building will be located more than 50 feet from the nearest neighbor and more than 100 feet from any road on property consisting of 180 acres owned by FIDCO for use as a golf course currently in existence. The applicant has changed the, original location of the building which was 18 feet from Sea Wynde, Inc. to a location north- west and considerably more distant from Se4 Wynde, Inc. and more adequately described;::as follows : Sea Wynde owns three lots , two smaller lots situated north of and adjacent to the southern lot. . The original location was on the lot northwest of and adjacent to the norther most lot. It is now removed from that lot and situated north thereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. The Board finds that strict application of the Ordinance would pro- duce practical. difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the 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. On motion by Mr. Gillispie, seconded by Mr. Douglass , it was RESOLVED, that Fishers Island Development Corporation, Inc. , Fishers Island, New York, be GRANTED persmission to construct a multiple dwelling to house employees , as requested. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; east by Sea Wynde, Inc . , south by Sea Wynde, Inc. ; west by Private Road, upon the following conditions : (1) Site Plan Approval from the Southold Town Planning Board. (2) Board of Health Approval. (3) The newly constructed building cannot be sold or separated from the 180 acres of the golf course unless at least 3 acres surrounding the building is preserved. Any change of ownership or use shall be re- ferred to the Board of Appeals for their approval. Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. SOUTHOLD TOWN BOARD OF APPEALS -22- May 3 , 1979 On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that the next meeting of the Southold Town Board of Appeals will be held on Thursday, May 24 , 1979 , at 7 :30 P.M. (D.S .T. ) and set up the following times on that date as the time and place of hearing upon the following applications : 7 :45 P.M. (D.S.T. ) Upon application of Thomas and Jacqueline Occhiogrosso, 77 Vanderbilt Boulevard, Oakdale, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to construct a dwelling with insufficient front yard and insufficient rear yard. Location of pro- perty: Lot No. 28 , on Map of Corey Creek Estates , Southold, New York. 7 :55 P.M. (D.S.T. ) Upon application of Elsie Mastrosimone and Richard Kurt Mastrosimone, residing at Inlet Lane, Greenport, New York (Frederick J. Tedeschi, Esq. ) for a variance in accordance with the Zoning Ordinance, Article III , Section 100-30 and Bulk Parking Schedule for permission to divide property with insufficient width and insufficient area. Location of property: Inlet Lane, Greenport, New York, bounded on- the north by Clempner, east by Gull Pond; south by Conant; west by Private Road. 8 :10 P.M. (D.S .T. ) Upon application of Virginia Shector, 200 East 16th Street, New York, New York, for a variance in accordance with the Zoning Ordinance, Article III , Section , 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width and insufficient area. Location of property: Pine Neck Road, Southold, New York, bounded on the north by Jockey Creek; east by Reinhardt; south by Pine Neck Road; west by Norris and Prout. 8 : 25 P.M. (D.S .T. ) Upon application of Olof Nelson, 3 East 85th Street, New York, New York, for avariance in accordance with the Zoning Ordinance, Article III , Section 100-31 and Bulk Parking Schedule for permission to build a house with insufficient front yard setback. Loca- tion of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leason; south by Private Road; west by West Harbor. 8 :40 P .M. (D.S .T. ) Upon application of Olof Nelson 3 East 85th Street, New York, New York, for a variance in accordance with Town Law, Section 280A for approval of Access. Location of property: Fishers Island, New York, bounded on the north by Fishers Island Sound; east by Leason; south by Private Road; west by West Harbor. 8 : 50 P.M. (D.S .T. ) Upon application of Puerto Verde Restaurant and Stirling Harbor Marina, Manhanset Avenue , Greenport, New York (Robert Ketcham, as agent) , for a special exception in accordance with the Zoning Ordinance, Article III , Section 100-30 C 6 F. Location of property: Main Road (State Road;- 25.) , Greenport, New York, bounded on the north by Long Island Sound; east by King and Abadiotakis; south by Main Road (State Road 25) ; west by Rath. Vote of the Board; Ayes : Messrs: Gillispie, Grigonis , Doyen, Tuthill and Douglass. � SOUTHOLD TOWN BOARD OF APPEALS -23- May 3 , 1979 The meeting was adjourned at 11 :00 P.M. Respectfully submitted, r,' Babette C. Conroy Secretary