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ZBA-10/27/1960
Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. Telephone SO 5-26~0 APPEAL BOARD MEMBERS Robert W. Gillispi¢, Jr., Chairman Robert Bergen Herbert Rosenber9 Charles Gre!3onis, Jr. Serge Doyen, Jr. M.INUTE S SOUTHOLD TOWN BOARD OF APPEALS October 27, 1960 A regular meeting of the Southold Town Board of Appeals was held 7:30 P.M., Thursday, October 27, 1960 at the Town Clerk Office, Main Road, Southold, New York. There were .present: Messrs. Robert W. Gillispie, Jr., Chairman, Robert .Bergen, and Herbert RoSenberg. Absent: Messrs. Charles Grigonis, Jr., & Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 318, 7:30 P,M. (E.D.S.T.), upon application of Rensselaer G. Terry, Jr., Main Street, Southold, New York, a/c Madeleine R. Armstrong, 3817 Harrison Street, Washington, D.C., for a variance in accordance with the Zoning. Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to reduce frontage and use as a single lot, property located on the south side of North Road, Southotd, NewYork, and boundednorthby other landof Madeleine R. Armstrong, east by Wenzel, south by. Arshamomaque Pond, and west by private right-of-way. Applicant also requests ~ecognition of access in accordancewith State of New York Town Law Section 280A. Fee paid $15.00. Southold Town Board of Appeals -2- October 27, 1960 The Chairman opened the hearing by reading, notice of disapproval issued by~e Building Inspector, application for a variance, legal notice of hearing and affidavit~attesting to its publication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER G. TERRY, JR., Southold, New York: I would just like to .say that the map explains the situation .and I would like to Call your attention to the fact that the property to the east.is zoned "B" Business. The people to the west, Hazenand Sennett have own-ed their property for quite some time and the~other lots have buildings on them and this situation has been in existence for many years and the other people all owned p~br to the enactment of the zoning ordinance. THE C!tAIRMAN: Did Armstrong originallybuild all of the bungalows? MR. TERRY: Theywere all built by Richmond and they .were then sold off to different owners, such as Hazen and Sennett and then others. All of these transactions were made prior to the enactmentof the zoning' ordinance. THE CHAIRMAN: Are these summer cottages? MR. TERRY:. Yes, they will be all summer propositions. THE CHAIRMAN: How is the road? MR. TERRY: It is not 25 ft. wide for travel, although it is reserved 25 ft. wide. It has a.hard Surface on it. T~E CHAIRMAN: Has it been oiled? MR. TERRY: I believe it is just a dirt road THE CHAIRMAN: Is there anyone else present who would like to speak for this application? (There was no response.) Southold Town Board of Appeals -3- October 27, 1960 TJ/E CHAIRMAN: Is there anyone presentwho wishes to speak against this application? (There was no response.) THE CHAIRMAN: Are there any questions? (There was no response.) Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, andcarried, .WHEREAS application of Rensselaer G. Terry,-Jr., a/cMadeleine R. Armstrong,.having been consider-ed at Public .Hearing'No. 318.on.October 27, 1960, and the Board .finding that strictapplication of the Ordinance would produce undue hardship because the bungalow is presently in existence on the proposed lot. The hardshlip created is unique and would not be shared by all properties alike in th'e immediate vicinity of this property and in. the same use district because the exist- ing buildings have been in use for many years as summer bungalows andapplicant desires to sell the bungalows to the present.tenants. The variance does observe the spirit of the Ordinance and would not change the character of the district because the area has existed in its present condition for many years and will continue the same. The access is over a 25 ft. roadway which has also been used for many years, therefore be it RESOLVED that Rensselaer G. Terry, Jr., a/c Madeteine R. Armstrong be granted permission to reduce .frontage and use as a single lot the following described parcel, .shown as bungalow 1 on survey for William A. Richmond by'Otto W. Van Tuyl, revised September 29, 1960: Recognition of access is also granted over the following described right-of-way: Ail that tract or parcel of land, together with the building and improvements thereon, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New Yor~, b.ounded and described as follows: Beginning at an iron pipe on the boundary line between land .of the party of the first Part and land'of Wenzel, said point of begin- ning being South-48 degrees 42 minutes 50 seconds East a distance of 469.57 feet along said boundary line from a monument on the curved southeasterly line of Middle Road; from said point of beginning running along said land of Wenzel, South 48 degrees 42 minutes 50 seconds East Southold Town Board of Appeals ¸--4-- October 27, 1960 a distance of 86 feet, more or less, to ordinary high water mark of Arshamomaque Pond; thence southwesterly abngsaid high water mark, 75 feet, more Or less, to the northeasterly line of a private road, hereinafter described; thence abng said .private road, being parallel to and 70.0 feet southwesterly from said boundary line, measured at right angles thereto, North 48 degrees 42 minutes 50 seconds West a distance of 115 feet, more or less, to an iron pipe; thence along land of the party.of the first part, North 41 degrees 12 minutes 30 seconds East a distance of 70.0 feet to the point of beginning. Together with the right to the use of a right-of-way (in common with others) over the following described private road: Beginning at a monument on the curved southeasterly line of Middle Road at the-northerly corner of land of Levin and the west- -erly corner of land of. the party of the first part; from said point o.f beginning.running South 48 degrees 47 minutes 30 seconds East a distance of 489.0 ~feet to an iron pipe; thence North 69 degrees 04 .minutes East a distance of 125,0 feet to an iron pipe; thence South 48. degrees 47 minutes 30 seconds East a distance of 85 feet, more or less, to ordinary high water mark of Arshamomaque Pond; thence northeasterly along said high water mark, 35 feet, more or less, to a point 70.0 feet southwesterly'from the northeasterly boundary line ofsaid land of the party' of the first part, m~asured at right angles thereto; thence parallel to saidboundary line and 70.0 feet southwesterly therefrom, North 48 degrees 42 minutes 50 seconds West a distance of 115 feet, more .or less, to an iron pipe; thence South 41 degrees 12 minutes 30 seconds West~a distance of 54.79 feet to an iron pipe; thence South 69 degrees 04 minutes West a distance of 74.92 feet to an iron pipe;'~ thence North 48 degrees 47 minutes 30 seconds West a distance of 470 feet, more or less, to said southeasterly line of Middle Road; thence south- · westerly along said southeasterly line, 25 feet, more or less, to the point of beginning. Subject to the rights of others to the use thereof of the water line, well, well point and pump now on said premises for a period of two (2) years from the date hereof. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen., and Mr. Rosenberg. Southold Town Board of Appeals -5- October 27, 1960 PUBLIC HEARING: Appeal No. 319, 7:40 P.M. (E.D.~.T.), upon application of Rensselaer G. Terry, Jr., Main Street, Southold, New York, a/c Madeleine R. Armstrong, 3817 Harrison Street, Washington, D. C., for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to reduce frontage and use as a single lot, property located on the south side of North Road, Southold, New York, and bounded north by William R. Richmond, east by Wenzel, south by .other land .of Madeleine R. Armstrong, and west by other land of Madeleine R. Armstrong. Applicant also requests recognition ~of access in accordance with State of New york Town Law, 'Section 280A. Fee paid $15.00. The Chairman'opened the hearing by reading notice of dis- approval issued by the building inspector, application for a variance, legal notice of hearing and affidavit attesting to it~ublication in the official newspaper. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RENSSELAER G. TERRY, JR., Southold, New York: I would just like to say that my remarks of the previous hearing apply to this one also. The property to the east is zoned "B" Business and the people to the west, Hazen and Sennett have owned their property for quite some time and the other lots have buildings on them. This situation has been in existence for many years and the other people all owned prior t© the enactment of the zoning or dinance. THE CHAIRMAN: Are there any questions with relation to this application No. 319 for bungalow No. 2? (Th-ere was no response.) TItE.~HAIRMAN: Is there anyone present who would like to speak against.this application2 (There was no response.) Resolution was offered by Mr. Rosenberg~ seconded by Mr. Bergen, and carried, WHE~ application of Rensselaer G. Terry, Jr., a/c Madeleine R. Armstrong, having been considered at Public Hearing No. 319 on October 27~ 1960, and the Board finding Southold Town Board of Appeals -6- October 27, 1960 that strict .application ~of the Ordinance would produce undue hardship because the bungalow is presently in existence on the proposed lot. The hardship created, is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district because the existing build- lng has been used .for many years as a summer bungalow and applicant desires to sell the bungalow to the present tenant. The ~ariance does observe the spirit of the-Ordinance and would notchange the character of the district because the area has existed in its present condition for many years and Will continue the same. The access is over a 25 ft. right-of-way which has also been used for many years, therefore be it RESOLVED that Rennsselaer G. Terry, Jr., a/c Madeteine R. Armstrong be granted permission to reduce frontage and use as a single lot the following described parcel, shownas bungalow No. 2 on survey for William A. Richmond by-Otto W. Van Tuyl, revised September 29, 1960. Recognition of access is also granted over the following described right-of-way: Ail that tract or parcel o~f land, together with the building and improvements thereon, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at an iron pipe on the boundary line between land of the party of the first part and land of Wenzel, said point of beginning being South 48 degrees 42 minutes 50 seconds East .a -distance ~of 349.57 feet along.said boundary line from .a monument on the curved southeasterly line of Middle Road; from said point of beginning running along said land of Wenzel, South 48 degrees 42 minutes 50 seconds EaSt a distance of 120.0 feet to an iron pipe; thence along land of the party of the first part and along the northwesterly line of a private road, hereinafter described, South 41 degrees 12 minutes 30 seconds West a distance of 91.03 feet to an iron pipe; thence alc~g land of the party of the first part and along other land of the partyof the first part, 2 courses as follows: (1) North 48 degrees 47 minutes 30 seconds West a distance Of 120.0 feet to an iron pipe; thence (2) North 41 degrees 12 minutes 30 seconds East a distance of 91.20 feet tO the point o f~eginning. ,. the Together with the right to/use of a right-of-way ( in common with others) over the following described private road: Southold Town Board of Appeals October 27, 1960 Beginning at a monument on the curved southeasterly line of Middle Road at the northerly-corner of land of Levin and the westerly corner of land of the party of the first part; from said point of beginning running South 48 degrees 47 minutes 30 seconds EaSt a distance of 489.0 feet to an iron pipe; thence North 69 degrees 04 minutes East a distance of 125.0 feet to an iron pipe; thence South 48 degrees 47.minutes 30 seconds East-a distance of 85 feet, more or less, to ordinary high water mark of Arshamomaque Pond; thence northeasterly along said high water mark, 35 feet, more or less, to a point 70.0 feet southwesterly from the north- easterly boundary line of said land of the party of the first part, measured at.right.angles thereto; thence parallel to. sa. id boundary line and 70.0 feet southweRterly therefrom, North 48 degrees 42 minutes 50 seconds West a distance of 115 feet, more or less, to an iron pipe; thence South 41 degrees 12 minutes 30seconds West a distance of 54.79 feet to an iron pipe; thence South 69 degrees 04 minutes'West a distance of 74.92 feet to an iron pipe; thence North 48 degrees 47.minutes 30 seconds West a distance of 470 feet, more or less, to said southeasterly line of Middle Road; thence southwesterly-along said southeasterly line, 25~et, more or less, to the point of beginning. Together with the right to the use (incommon with others) for a period of Two (2) years from the date hereof of the water line, well, well point and pump now on other land of the party -of the first part which premises are being conveyed to Arthur H. Johnson. Vote of the Board: Mr. R°senberg. Ayes:- Mr. Gillispie, Mr. Bergen, and PUBLIC HEARING: Appeal No. 320, 7:50 P.M. (E.D.S.T.), upon application of Rensselaer G. Terry, Jr., Main Street, Southold, New York, a/cMadeleine R. Armstrong, 3817 Harrison Street, Washington, D,C., for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to reduce frontage and use as a single lot,. property located on the south side of North Road, Southold, New York, and bounded north by William A. Richmond, east by other land of Madeleine R. Armstrong, south by private right-of-way, and west by private right, o~-way. Applicant also requests recognition of access in accordance with State of New York Town Law, Section 280A. Fee paid $15.00. Southold Town Board of.Appeals -8- October 27, 1960 The Chairman opened the hearing by' reading notice of disapprOVal issued by the Building Inspector, application for a .variance, legal notice of hearing and affidavit ~testing to its publication in the .official newspaper. T~E CHAIRMAN: Is there anyone present who wishes to speak for this 'application? RENSSELAER G. TERRY, JR., Southold, New York: My .remarks of the previous hearings also apply to this hearing. However~ I believe this lot ~s a little bit large. THE CHAIRMAN: William Richmond is Mrs. Armstrong's father and he is ill, is that right? MR. TERRY: Yes, that is so. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was rD response. ) Resolution was offered by Mr. Bergen, seconded, by Mr. Rosenberg, and carried, WHEREAS application of Rensselaer G. Terry, Jr., a/c Madeleine R. Armstrong, having been. considered at Public Hearing No. 320 on October 27, 196.0, and the Board finds that strict application of the Ordinance would produce undue hardship because the bungalow is presently in existence on the proposed lot. The hardship created is unique and would not be shared by all properties alik. e in the immediate vicinity of this property and in the same use district because the exist- ing building has been used for many years as a summer bungalow and applicant desires tO sell the bungalow to the present tenant. The variance doe's observe the spirit of the Ordinance .and would not change the character of the district because the area has existed in its present 'condition for many' years and will continue the same. The access is over a 25 ft. right-of-way which has also been used for many years, therefore be it $outhold Town Board of Appeals -9- October 27, 1960 RESOLVED that Rensselaer G. Terry, Jr., a/cMadeleine R. Armstrong be grantedpermission to reduce frontage and use as a single tot the following described parcel, shown asBungalow No. 3 on survey for William A. Richmond By Otto W. Van Tuyl, revised September 29, 1960: Recognition of access is also granted over the following described right-of-way: Ail that tract or parcel of land~ together with the building and improvements thereon, situate, lying and bein~ at~Southold, in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: Beginning at an iron pipe on the northeasterly line of a private road, hereinafter described~ said point of beginning being South 48 degrees 47 minutes 30 seconds East a distance of 390 feet, more or less, along said northeasterly line from the curved southeasterly line of Middle Road; from said point of beginning running along land of the party of the first part, North 41 degrees 12 minutes 30 seconds East a .distance of 100.0 feet to an iron pipe; thence along other land of the party of the first part South 48 degrees.47 minutes 30 seconds East a distance of 115.0 feet to an iron pipe on the northwesterly line of said private road; thence along said private road, 3 courses asfollows: (1) South 41 degrees 12 minutes 30 seconds West a distance of 33.76 feet to an iron pipe; thence (2) South 69 degrees 04 minutes West a distance of 74.92 feet to an iron pipe; thence (3) North 48 degrees 47 minutes 30 seconds West a distance.of 79.99 feet'to the point~ofbeginning. Together with the right to the use of aright-of-way (in ~ommon with others) Over the following described private road: Beginning at a monument on the curved southeasterly line of Middle Road at the northerly corner of land of Levin and the west- erly corner of land of the party of the first part; from said point of beginning.running South 48. degrees 47 minutes 30 seconds East a distance of 489.0 feet to an iron pipe; thence North 69 degrees 04 minutes East a distance of 125.0 feet to an iron pipe; thence South 48 degrees 47 minutes 30 seconds East a distance of 85 feet, mor.e or less, to ordinary high water mark of Arshamomaque Pond; thehce northeasterly along said highwater mark, 35 feet, more or less, to a point 70.0 feet southwesterly from the northeasterly boundary line of said land of the party of the first, part, measured at right angles thereto; thence parallel to said boundary line and 70.0 feet southwesterly therefrom, Southold Town Board of Appeals -10- October 27, 1960 North'48 degrees 42 minutes 50 seconds West a.distance of 115 feet, more or less, to an iron pipe; thence South 41 degrees 12 minutes 30 seconds West a distance'of 54.79 feet to an iron pipe; thence South 69 degrees 04 minutes West a distance of 74.92 feet to an iron pipe; thence North 48 degrees 47 minutes 30 seconds West a distance of 470 feet, more or less, to said southeasterly line of Middle Road; thence southwesterlyalong said southeasterly line, 25 feet, more or less, to the point of beginning. together.with the right to the use (incommon with others) for a period of two (2) years from the date hereof to.the water line, well, well point and pump now on other land of the party of the first part which premises are being .conveyed t0 Arthur H. Johnson. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Mr. Peter Kreh, Jr. of the Mattituck ~arina, Camp Mineola Road, Mattituck, appeared before the Board of Appeals for an informal discussion relative to erecting a frame building with running water, approximately 24 ft. by .80 ft. to house his office, for storing'boats and motors and washrooms for the patro~s of the marina. Mr. Kreh was advised that this buildingwould be considered an accessory building and would not require a building permit. PUBLIC HEARING: Appeal No. 321 .- 8:00 P.M. (E.D.S.T.), upon application of George Lind, a/c Louis Lind, Sound View Avenue, .Southold, New York, for a special exception in accord- ance with Article III, Section 306, for permission to reduce setback on a corner lot. Location of property: northwest corner of intersection of Sound View Avenue, Southold, New York, bounded north by Emil Ball, east by Sound View Avenue, south by Sound View Avenue, and west by R. F. Grattan. Fee .paid $15.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing and affidavit attest- ing to its publication in the official newspaper. Southold Town Board of Appeals -11- October 27, 1960 THE iCHAIRM/~': Is there anyone present who wishes to speak for this application? (There was no response.) The Board examined the map which accompanied the appli- cation and discussed the locatic~ of the proposed addition. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) Resolution was offered by Mr. Bergen, seconded by Mr. Rosenberg, and' carried, W/tEREAS apPlication of George Lind, a/c Louis Lind, having been considered at ',Public Hearing No. 321 on October '27, 1960~ and tt~ Board Finding that the public convenience and'welfare and justice will be served and the legally established or permitted use of neighborhood property and adjacent use districts would not be substantially~or Perm- anently injured and the spirit ~of the Ordinance would be observed, therefore be it RESOLVED that George Lind, a/c Louis Lind be granted permission to construct addition .to existing one family dwelling. This addition to be located no closer than 21 ft. to the southerly property line on Sound View Avenue, Southold, New York. Vote of the Board: Ayes:- Mr.. Gillispie, Mr. Bergen, and Mr. Rosenberg. PUBLIC HEARING: Appeal No. 322 - 8:15 P.M. (E.D.S.T.), upon.application of Harry D. Horton, 302 March Boulevard, Phillipsburg, New Jersey, for a variance in accordance with Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to erect and maintain re~l.estate sign with reduced .setback. Location of property: south sideIndian Neck Lane, peconic, New York, bounded north by Indian Neck Lane, east by P. H. Horton, south by Bay, and west by A. Mull and P. Horton, Fee paid $15.00. Southold Town Board of Appeals -12- October 27, 1960 The Chairmanopened the hearing by reading notice of dis- approval issued bythe Building Inspector, application for a variance, legal notice of hearing and affidavit attesting to its publication in the official ~newspaper. THE'CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) The Board examined the'photograph appearing in the file. THE'CHAIRMAN: Is there anyone present.who wishes to speak against this application? (There was no response.) TRE CHAIRMAN: Are there any questions any members of the 'Board would like to ask? MR. ROSENBERG: The only problem is that the trees on this property go well into the Town road and since Mr. Horton wishes to offer for sale a large piece of property he must put the sign where it can be seen from the road. Resolution was offered by Mr. Gillispie, seconded by Mr. Rosenberg, and carried, WHEREAS application of Harry D. Horton having been conS±dered at Public Hearing No. 322 on October 27, 1960,. and the Board finding~that strict application of the Ordinance would prOduce undue hardship because the woodland growth on this property .comes up. to the road line and is very thick and impossible to locate a "For Sale" sign' back 35 ft. The hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district because this is the only plot of land for sale in the area with such a thick growth of timber that has not been cut in over .fifty years. The variance does observe the spirit of the Ordinance and would not change the character of the district .because the sign to be erected~will be small and would not detract from the neighborhood, therefore be it RESOLVED that Harry'Horton is granted permission to erect a 3 ft. by 4 ft. ".For Sale." sign on his property at south side Indian Neck Lane, Peconic, New York, no-closer than 5 ft. from Southold Town Board of Appeals October 27, 1960 his front property line at Town Road of Indian Neck Lane, and no closer than 2½ ft. from his westerly side line. This sign is subject to the same regulations and controls that affect non- conforming signs. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The minutes of the meeting of'October 20, 1960, on motion of Mr. Bergen, seconded by Mr. Rosenberg, and carried, were approved as submitted. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. Mr. John McNulty and son, again appeared before the Board of Appeals relative to ProPerty owned by Mr. McNulty and others on Long Island Sound at Mattituck. Mr. McNulty and Mr. Gillispie had been in touch with the Town Counsel relative to the problem of the 140 ft. piece of water front property and it was the Town Counsel's opinion that the McNulty's could sell this 100 ft. lot and reserve the 40 ft. strip by applying for a variance under 'Article X, Section 1000A~ If and when the Board of~Appeals granted this variance the provision could be inserted in ~he variance that no structure would be erected on the property for 25 years. At this time Mr. McNulty made application for this variance. On motion of Mr. Ros~berg, seconded by Mr. Bergen, and carried, the Board of Appeals set 7:30 P.M., _ Thursday, November 10, 1960, Town Clerk Office, Main Road, Southold, New York, as time and place for hearing upon application of John F. McNulty and others~ Main Road, Laurel, New York, for a variance in accord- ance with the Zoning Ordinance, Article X, Section 1000A, for permission to divide property leaving an area with less than required frontage. Location of property$ north side Soundview Avenue, Mattituck, New York, bounded north bySound, east by Kohler Betts, south by Soundview Avenue, and west by McNulty Estate. Vote of the Board: Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. SQuthold Town Board of Appeals -14- October 27, 1960 Resolution was offered by Mr. Bergen, seeded by Mr. Rosenberg, setting 7:45 'P.M. (E.S.T.), Thursday, November 10, 1960, Town Clerk 'Office, Main Road, Southold, New York, as time and place for hearing upon application of Greenport Sea Products, Inc., Shipyard'Lane, East.Marion, New York, for a variance in accordance with the Zoning Ordinance, Article V, Section 503, for permission to reduce front yard setback. Locati.~of property: east side Shipyard 'Lane, .East Marion, New York, bounded north by Czereporwich, east by E..H,'. King, south .by Bay, and west by Shipyard Lane. Vote of the Board: Mr. Rosenberg. Ayes:- Mr. Gillispie, Mr. Bergen, and It was further RESOLVED that legal notice of hearing be published .in thee official newspaper 'under date of November 3, 1960. Vote~of the Board~ Ayes:- Mr. Gillispie, Mr. Bergen, and Mr. Rosenberg. The next meeting of the $outhold Town Board of Appeals will be held 7:30 P,M., Thursday, November 3, 1960 at the Town Clerk Office, Main Road, Southol~d, New York. Meeting adjourned at 9:35 P,M. .Respectfully submitted,