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Home My WebLink About1000-59.-3-101,. ..iqE,~, N'-,h,j F X L.,.i:J L.. RECEIVED BY .~'.~..~ ~/ HENRY E. RAYNOR. Jr., Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM, Jr. TO ,D S Southold, N.Y. 11971 January 7, 1981 TELEPHONE 765- 1938 William H. Price, Jr., Esq. Front Street Greenport, New York 11944 Dear Mr. Price: The following action was taken by the Southold Town Planning Board at a regular meeting held January 5, 1981. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of James R. Wheeler was submitted to the Planning Board On December 5, 1980, and an application fee of $50 was paid on December 5, 1980, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on January 5, 1981 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, Now, therefore, be it RESOLVED that the application of James R. Wheeler for approval of said subdivision plat prepared by Roderick Van Tuyl, P. C. dated November 24, 1980, be approved and the chairman be authorized to endorse approval on said subdivision plat. As soon as the chairman signs the map I will forward you a copy. Yours truly, Muriel Tolman, Secretary DECLARATION made this day of , 1981, by JAMES R. WHEELER, residing at No Number Kenney's Road, Southold, New York 11971, hereinafter called the "owner": WHEREAS, the "owner" has title to certain land situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, said lands hereinafte£ being more particularly described; and WHEREAS, it is the "owner"'s intention that the aforesaid lands be subdivided into a minor subdivision consisting of not more than two (2) residential lots; NOW, THEREFORE, the following described lands shall be restricted as hereinafter set forth: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, Count/f of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of Kenney's Road at the intersection of said line with the southerly line of Chestnut Road; run- ning thence North 50 degrees 53 minutes 30 seconds East 200.00 feet; running thence South 42 degrees 18 minutes 50 seconds East 127.50 feet; running thence North 47 degrees 41 min- utes 10 seconds East 200.31 feet; running thence South 42 degrees 18 minutes 50 seconds East 100.00 feet; running thence South 47 degrees 41 minutes 10 seconds West 400.00 feet; running thence North 42 degrees 18 min- utes 50 seconds West 238.27 feet to the point or place of BEGINNING. Declarant does hereby warrant, covenant and represent that on approval of the aforesaid described land as a minor subdivision by the Planning Board of the Town of Southold, no further application will be made to that Board or to any other Board in the Town of Southold to further subdivide any of the lots set forth in said minor subdivision into additional building lots. Declarant does hereby further warrant, covenant, and repre- sent that the aforedescribed land within the minor subdivision cannot be subdivided into more than two (2) building lots. Declarant does hereby further warrant, covenant and repre- sent that the foregoing restrictions and agreements shall bind the undersigned, his heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots shown on the aforedescribed premises in said minor subdivision by transfer or otherwise. IN WITNESS WHEREOF, the declarant does hereby cause his hand and seal to be affixed this day of , 1981. HENRY E. RAYNOR, Jt.,Chairm~n FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jn Southold, N.Y. 11971 January 30, 1981 TELEPHONE 765- 1938 William H. Price, Jr., Esq. Front Street Greenport, New York ll9a4 Dear Mr. Price: Enclosed find signed copy of the map of James R. Wheeler. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enclosure By Muriel Tolman, Secretary TO ,D S Southold, N.Y. 11971 HENRY E. RAYNOR, Jr.,Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. NEGATIVE DECLARATION January 20, 1981 TELEPHONE 765 - 1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of James R. Wheeler is a two-lot residential subdivision located at Southold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because it is not within 300 feet of tidal wetlands comments have not been solicited from the New York State Department of Environmental Conservation. The Suffolk County Department of Health Services indicates extremely poor soil conditions in regard to the installation of individual septic systems and questionable water supply due to nitrate contamination. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Ms. Muriel Tolman, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971. Copies to the £ollowing: Commissioner Robert Flacke, NYS DEC a~ Albany MS DEC at Stony Brook Su££olk Co. Dept. o£ Health Services William H. Price, Jr., attorney £or Wheeler Supervisor William R. Pel] III Bulletin Board File COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D.. M.P.H. COMMISSIONER January 12, lg81 Mr. Henry E. Raynor, Jr. Chairman Southold Town Planning Board Southold, N.Y. 11971 ATTENTION: Muriel Tolman, Secretary RE: Minor subdivision of James R. Wheeler, Southold Dear Ms. Tolman: This Department is in receipt of your letter dated January 2, 1981 concerning the above referenced property. The precursory review indicates extremely poor soil conditions in regards to the installation of individual septic systems. Information on file indicates that the water quality in the area is questionable due to nitrate contamination. If you have any questions, please feel free to contact us. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:ljr :, LEGAL NOTICE ' Netiee of Hearing NOTICE iS HEREBY GIV- en that pursimn~ fo Section 276 of the Town LaW, public hearings will be hel~ by the $outhold Town Planning ~oard at the Town Hall, Main Road, Southold, New York, in said town on.~ Sth day of J, anuary~ 198~,~ the'question .of the following! ~ 7:30 p.m.~ Ap~val of the minOr s%di~sion-of Jmes R. Wheeler situate, lying~ and being at Southold in the Town of Southold, Colmty of Suffolk and State of New York, bOnnded and~;deScribed as follows: · BE~IHNIHG~at a point on the easterly line of Kenny's Road at the intersection of said line with the southerly line of t~hestnut Road; running thence N. 50° S3' 30" E. 200 feet; rurming thence S. 42° 18' S0" E. 127.50 feet; running thence N. 47° 41' 10' E. 200.31 feet; ruling thence S. 42° 18' 50" E~ 100 feet; framing thence $. 47° 41' 10" W. 400 feet; ~ing thence N. 42° 18' 50" W. 238~27 feet to the point or place of BEGIN- NING. Containing 66,536 square feet. 7:45 p.m. Approval of the mi~or subdivision of Dante and Helen Catullo situate, lying and being at Mattituck in the Town of Southold, County ~ '6r~.O~l~State of New ~ As follow~: . %o/~: .~BBGINNING at a ~lnt :formed by th~,ia~ersectibn.~g the northerly line of Reeve Avenue, also known as Bailie Beach Ro.ad. with the westerly ~iine of the land of Walter Gatz and running thence from said point of beginning westerly along the northerly line of aforesaid Reeve Avenue the followingcourses and dis- tances: (1) S. 68° 40' 40" W. 26S.45 feet; (2) S. 83° 36' W. 12.42 feet to the land of J. and L Little; thence N. 13° 24' W. along the land of J. and L. Little 321.71 feet; thence S. 74° 14' W still along the land of J. and L. Little and along land of R.A. Hood 12S.8S feet to the land of Bailie Beach Home Owner Association; thence generally northerly along the lands of Ballie Beach Home Owners Association. of R.A. Hood and of John H. Brochard the follo~ing cou~-sos and distances: (1) N. 1J° 16' IO7 W. 50 feet; (2) N. 49° 56' 40" W. 130.94 feet; (3) N. 0° ~.~34'~0" E. 210.85 feet;,(~) N. : 23' J~. 50 feet; (5) N. 29 ~ 40" ~.'~323.14 feet io Long Island Sot~d~ thence fiorth- easterly along Long Island Sound to ~be land of Herbert C~oMschmidt, a tie-line along Long Island Sound having a bearing and distance of N. S1° ZT' E. 100.32 feet; thence S. 27° 00' 40" E. along the land of Herbert Goldsehmidt 32S feet; thence N. 64° 23' E. still along the land of Herbert $oldschmidt and along the lands of Phyllis P. Austin and of Lester G, Peck 342.64 feet to the land of Walter Gatz; thence southerly along the land of Walter Gatz the following courses and dis- tances: (1) S. 19° 11' 30" E. 178.66 feet; (2) S. 12° Si' 30" E. 9S.81 feet; (3) S. 19° 32' 20" W. 102.87 feet; (4) S. 11° "'IS' 40" E. 306.02 feet; (S) S 23° 13' E 97.33 feet to the point or place of BEGIN- NING, Containing 7.074 acres. Any person desiring to be heard on the above matter should appear at the time and place above spoeified, December 19, 1980 COUNTY OF SUFFOLK ss'. STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at £outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............ ]. ......................... weeks successively, comrner~ir~l oo ........................................ Sworn to be~ore me this . ..~.... ................ day at Notary Public HENRY E, RAYNOR, Jr., Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. $ U~~ Southold, N.Y. 11971 January 2, 1981 TELEPHONE 765- 1938 William H. Price, Jr., Esq. Front Street Greenport, New York 11944 Dear Mr. Price: The following action was taken by the Southold Town Planning Board at a regular meeting held December 15, 1980. RESOLVED to approve the sketch map of the minor subdivision of James R. Wheeler mapped November 24, 1980 for property located at Southold. RESOLVED that the Southold Town Planning Board declares itself lead agency for the subdivision of property of James R. Wheeler located at Southold. This project is unlisted and an initial determination of non-significance has been made. RESOLVED to set 7:30 p.m., Monday, January 5, 1980, at the Town Hall, Main Road, Southold, New York, as the time and place for a public hearing on the question of the approval of the minor subdivision of James R. Wheeler. Yours truly, HEhRY E. RAYNOR, JR., CHAIFLMAN SOUTHOLD TOWh~ PLANNING BOARD By Muriel Tolman, Secretary HENRY E. RAYNOR, Jr..Chairman FREDERICK E. GORDON JAMES WALL BENNETr ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. JL TO~ Southold, N.Y. 11971 January 2, 1981 TELEPHONE 765- 1938 · En~ir~e~t~l ~ualysis Un-~t ~DE~, Duildi~g 40,---Poa~m 21-9 ~Y Gentlemen: Enclosed find completed short Environmental Assessment Form and copy of the map of the minor subdivision of James Wheeler located at Southold. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role of lead agency. May we have your views on this matter. Written comments on this project will be received at this office until January 17, 1981. We shall interpret lack of response to mean there is no objection by your agency. Yours truly, H~NRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel To!man, Secretary Copies to Suffolk County Dept. of Health Services/ TOWN OF SOUTHOLD SHORT ENVIRONHENTAL ASSESSt~ENT FORM INSTRUCTIONS: to) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It £s not expected that additlonal studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all quest±ohs have been answered No it is likely that this project is not significant. (dj E~vironmentol Assessment 1. Will project result in a large physical change to the project site or physically oltez more than l0 acres of land? ........................ Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? .......... Yes X No 3. Will project alter or have a large effect on existing body of water? ....................... Y~s X No 4. Will project hove o potentially large impact on groundwater quality? Yes ×:No 5. Will project significantly effect drainage flow on adjacent sites? ........ ................ Yes × No 6. Will project o£fect any threatened or '' endangered plant or animal species? ........... Yes × No 7. Will project result in o major adverse effect on air quality? ............................... Yes × NO 8. Will project hove o major effect on visual character of the community or scenic views or vistas known to be important to the community?, Yes X No ~. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental oreo by o local agency? ............ -.~....~..~.,.~-~... Yes × No lO. Will project have o ~ajor effect on existing '' or future recreational opportunities? ......... Yes X No ll. Will project result in major traffic problems or cause o major effect to existing transportation systems? ....................... Yes × No 12. Will project regularly cause objectionable '' odors, noise~ glore~ vibrotion~ or electrical disturbance os o result of the project's operation? ~ Yes X No 13. Will project hove any impact on public health' or safety? .................................... Yes × No 14. Will project affect the existing community by ' directly causing o growth in permanent populotion of more than 5 percent over o one year period or have o major negative effect on the choro~-~er of the community or neighborhood? ................................. Yes X No 15. Is there public controversy concerning the project? ...................................... Yes X No PREPARER'S SIGNATURE~ REPRESENTING James R. Wheeler DATE November 26, 1980 LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said town on the 5th day of January, 1981, on the question of the following: 7:30 p.m. Approval of the minor subdivision of James R. Wheeler 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 a point on the easterly line of Kenny's Road at the intersection of said line with the southerly line of Chestnut Road; running thence N. 50° 53' 30" E. 200 feet; running thence S. 42° 18' 50" E. 127.50 feet; running thence N. 47° 41' 10" E. 200.31 feet; running thence S. 42° 18' 50" E. 100 feet; running thence S. 47° 41' 10" W. 400 feet; running thence N. 42o 18' 50" W. 238.27 feet to the point or place of BEGINNING. Containing 66,536 square feet. 7:45 p.m. Approval of the minor subdivision of Dante and Helen Catullo situate, lying and being at Mattituck in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the northerly line of Reeve Avenue, also known as Bailie Beach Road, with the westerly line of the land of Walter Gatz and running thence from said point of beginning westerly along the northerly line of aforesaid Reeve Avenue the following courses and distances: (1) S. 68° 40' 40" W. 265.45 feet; (2) S. 83° 36' W. 12.42 feet to the land of J. and L. Little; thence N. 13° 24' W. along the land of J. and L. Little 321.71 feet; thence S. 74° 14' W. still along the land of J. and L. Little and along land of R. A. Hood 125.85 feet to the land of Bailie Beach Home Owners Association; thence generally northerly along the lands of Bailie Beach Home Owners Association, of R. A. Hood and of John H. Brochard the following courses and distances: (1) N. 13° 16' 10" W. 50 feet; (2) N. 49° 56' 40" W. 130.94 feet; (3) N. 0° 34' 30" E. 210.85 feet; (4) N. 64° 23' E. 50 feet; (5)~if. 29° 28' 40~' W. 32~,,.i.~.i~ Island Sound; thence northeasterly along Long Is]_e~nd land of Herbert Goldsc~idt, a tie-line along ~ ~O~lg having a bearing and distance of N. 51° 2!~ E. t00~ S. 27~ 00' 60" E. along the land of Herbert Goldsc~id{ thence N. 66~ 23' E. still along the l~d of Herb}err ~d along the lands of Phil!is P. Austin and of feet to the land of Walter Gatz; thence southerly alon8 of Walter Gatz the following co~ses and d' zst~lces 30" E. 178.66 feet; (2) S. !2° 5i~ 30" E. 95.81 ree~ 32' 20" W. 102 87 feet; (4.) S. il~ 15' 60~ ~. ~'~ S. 23~ 13' E. 97.3~ feet to the point or place of BEGzNN~i~e Containing 7.07& acres. ~y person desiring to be heard on the above appear at the time ~d place above specii'ied. December 19, 1980 BY ORDER OF SOUTHOLD PLANNING BOARD HENRY E. RAYNOR. JR~ PLEASE PUBLISH ONCE, DECEMBER 2a, 1980, AND FORWARD TWO AFFIDAVNPS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, TOWN HAL[~ MAIN ROAD, SOUTHOLD, NEW YORK 11971 Copies mailed to the following: L. I. Traveler-Watchman The Suffolk Times (information only) William H. Price, Jr., attorney for James R. ~eeieP Karen V. Rysko, representative of Dante and Helen Catuhli; Supervisor William R. Pell III ATTORNEY AT LAW 828 FRONT STREET GREENPORT, N.Y. 11944 Phone (516) 477-1016 December 5, 1980 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Application of James R. Wheeler Gentlemen: Enclosed herewith please find the necessary forms and my check for filing fee in respect to the subject appli- cation of James R. Wheeler for a minor subdivision. If in order, please place this matter on the next scheduled meeting. If you need any further information or documenta- tion, please do not hesitate to contact me. Very truly yours, William H. Price, Jr. WHP:kam Enclosures APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold :: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Toxvn Law and the Rules and Regulations of the Southold Towu Planning Board, and represents and states as follows: 1. The applicant is the owner o{ record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) Minor Subdivision made for James R. 2. The name of the subdivision is to be .................................................... Wheeler at Southold 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy o{ deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . 6103 Page 283 On 1/].8/67 . Liber . 3227 Page 129 On 5/10/51 . Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 5. The area of the land is 66,536 ~&. feet 6. All taxes which are liens on the land at the date hereof have been paid except .......... the 1980/1981 Town and School taxes which will be paid when a tax ...... bi'l'l' 'ih' ' ~'~h'{: ....................................................................... no 7. The land is encumbered by .............................................................. mortgage (s) as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorded; in Liber ............ Page .................... in original amounl of $ ................ unpaid amount $ ................ held by ........................... .......................... address ..................................................... 8. There are no other encumbraoces or lieus agaiust the land except None 9. The land lies in the following zoni,ng use districts A Residential & Agricultural District 10. No part of the land lies under xvater whether tide water, stream, pond ~vater or otherwise, ex- None cept ................................................................................... 11. The applicant shall at his expense install ail reqnired public improvements. 12. The land: (~to'e,s~- (does not) li,e in a Water District or YVater Supply District. Name of Dis- trict, if within a District, is 13. \Vater mains will be laid hy N/A and (a) (no) charge will be ~nade for installing said mains, 14. I5. I6. 17. I8. 19. 20. 21. Electric lines and standards ~vill be installed by N/A .................................... and (a) (no) charge will be made for installing said lines. Gas mains will be installed by N/A and (a) (no) charge will be made for installing said mains. If streets sho~vn on the plat are claimed by the applicant to be existing pnblic streets in the Suffolk County Highxvay system, annex Schedule "B" hereto, to show same. If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. There are no existing buildings or structures on the land which are not located and shown on tbe plat. Where the plat shows proposed streets xvhich are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their con.inncti:ons *vith the proposed streets. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements xvill he $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a licensec~ surety company unless otherwise shown on Schedule "F'. N/A November 26, DATE ............................... 19 80 JAMES R. WHEELER (Name of Applicant) (Sign ) W LLIAM H. 'l~ff~;"JR. AS Attorney 828 Front Street, Greenport, New York (Address) SUFFOLK STATE OF NEW YORK, COUNTY OF ................................... ss: .~..~.~ ~:c-:ember .8.0. On the ................ day of ......................... 19 .... before me personally came WILLIAM H. PRICE, JR. to me knowu to be the individual described in and wh,) executed the foregoing instrument, and acknowl,'idged that .... .h..e ....... executed the same. STATE OF NEW YORK, COUNTY OF ................................. ss: On the .................. day .............. of .......... , 19 ...... , before me personally came ................................................ to me known, who being by lne duly sworn did de- pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... ................ Of ............................................................................ the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affLxed by order of the hoard of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, 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 a point on the easterly line of Kenney's Road at the intersection of said line with the southerly line of Chestnut Road; running thence North 50 degrees 53 minutes 30 seconds East 200.00 feet; running thence South 42 degrees 18 minutes 50 seconds East 127.50 feet; running thence North 47 degrees 41 minutes 10 seconds East 200.31 feet; running thence South 42 degrees 18 minutes 50 seconds East 100.00 feet; running thence South 47 degrees 41 minutes 10 seconds West 400.00 feet; running thence North 42 degrees 18 minutes 50 seconds West 238.27 feet to the point or place of BEGINNING. SCHEDULE C Kenny's Road and Chestnut Road as more particularly delineated on the map sub- mitted herewith. PF 29 (6/77} Standard N.Y.B.T.U. Form 8002 Bargain and Sale Deed, with Covenant against Grantor's Acts-Individual or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INS~UMENT--THIS INSI~UMENT SHOULD BE USED BY LAWYERS ONLY. Thislndenture, madethe dayof nineteenhundredand e±ghty Between JAMES R. WHEELER, residing at Kenny's Road, Southold, New York, party of the first part, and ( Name & Address of Grantee ) party of the second part, Witneaseth, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, being-i~-~h~ at Southold, Town of Southold, County of Suffolk and State of New York: ( Metes & Bounds description of either Lot #1 or Lot #2 ) Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To Have And To Hold the premises herein g ranted unto the party of the second part, the heirs or successors and assigns of the pa rty of the second part forever. And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shal~ be construed as if it read "parties" whenever the sense of this indentu re so requires. In Witness Whereof, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: STATE OF NEW YORK, COUNTY OF On the day of personally came ss: 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of personally came ss: 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. largain a.i l ale lleei With Covenant Against Grantor's Acts Title No. SECTION BLOCK LOT CrTY OR TOWN COUNTY TO Recorded at Request of TITLE INSURANCE Company of New York RETURN BY MAIL TO Standard Form of New York Board of ~tle Underwriters Dist dbuted by TITLE INSURANCE Company of New York Zip No. HENRY E, RAYNOR, Jr.,Chairman FREDERICK E, GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 November 13, 1980 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: At the request of your board, the Southold Town Planning Board reviewed the request for a variance for insuf£icient area and width of two parcels at Kenny's Road, Southold, owned by James R. Wheeler. The consensus of the Board was that this should be processed as a minor subdivision and the Planning Board has no objection to the proposal. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary