HomeMy WebLinkAbout1000-19.-1-10HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCH1E LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 1197t
TELEPHONE
765-1938
May 18, 1983
Ms. Amy Turner
Twomey, Latham, & Shea
P.O. Box 398
Riverhead, New York 11901
Re: Diana Day Latham
Proposed Set-Off
Dear Ms. Turner:
The following action was taken by the Southold Town Plan-
ning Board, Monday, May 16, 1983.
RESOLVED that the Southold Town Planning Board approve a
set-off (106-13) as designated on the map of Roy Latham, located
at Orient, dated November 4, 1977 and amended May 25, 1978, for
which property is to be conveyed to Diana Day Latham, subject to
applicant receiving 280-A approval from the Zoning Board of
Appeals for the right-of-way outside the metes and bounds of the
subdivision property and Planning Board approval for the right-
of-way within the metes and bounds of the subdivison property.
Please forward six copies of the subdivision map to our of-
fice for referrals under the State Environmental Quality Review
Act. Your check #1279 is being returned as the filing fee for
a set-off is $50. Please make check payable to the Southold
Town Clerk.
If you have any questions, please contact our office.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Enc.
cc:
By Susan E.
Zoning Board of Appeals
Long, Secretary
TO:
FROM:
INSPECTION REPORT
Henry E. Raynor, Jr., Ghairman
Sou*Ao±d Town Planning Board
John W. Davis
DATE: May 25, 19U3
RE: DIANA DAY LA~.M
ACCESS ROAD WITHIN ~E 7.9 ACRE SECTION
COMMEN TS:
qbe existing road is 10 ft.-* in width and about ~he same level elevation as the
adjacent farmland, qbe surCaoe area has some gravel patches. Most of the length
apDears t~ be hard packed loam.
~he following 6 test holes~ 100 ft. apart and starting 100 ft. south of the house
not in the set off lot, indicate the depth and type of material in the existing
road section.
Hole 1,
Hole 2~
Hole
Hole ~:
Hole 5,
Hole 6,
5"-+ all loam
2"+- mixture of small gravel and loam
3" +- some small gravel and loam
2" *- some small gravel and loam
5" ~ mixture of small gravel and loam
5" *- mixture of small gravel and loam
Taere are a few small depressions (mud holes) due to recemt wet w~ather.
Recommendations
1. Widen the road to 12 ft. in width from the northerly proper~ line to the
center of the set off lot, approximately 400 L.F.
2. Place a crowned comp~ted 4" course of bankrun containing 20% or more of gravel
and 10% of loam on t~ above 400 ft.
~here is a driveway la, rout (oyster shells and loam) at the second house that could
be used for turning emerge~ vehicles.
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 11971
TELEPHONE
765-1938
August 26, 1983
Ms. Amy Turner
Twomey, Latham & Shea
P.O. Box 398
Riverhead, New York
11901
Re: Diana Day Latham
Access Road
Dear Ms. Turner:
The following action was taken by the Southold Town
Planning Board, Monday, August 22, 1983.
RESOLVED that the Southold Town Planning Board accept
Inspector John W. Davis' report #293 with regard to the
access road within the subdivision of Diana Day Latham, map
of Roy Latham, located at Orient.
A copy of said report has been enclosed along with a
copy of designated test holes on this portion of the map for
your review.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary
Encls.
Southold, N.Y. II971
HENRY E. R~YNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
TELEPHONE
765-1938
June 10, 1983
Ms. Amy Turner
Twomey, Latham and Shea
33 West Second Street
Riverhead, New York 11901
Re: Diana Day Latham
Proposed Set-Off
Dear Ms. Turner:
The following action was taken by the Southold Town
Planning Board, Wednesday, June 1, 1983.
RESOLVED that the Southold Town Planning Board declare
itself lead agency in regard to the State Environmental
Quality Review Act in the matter of the minor subdivision
of Diana Day Latham, as designated on the map of Roy Latham,
located at Orient. An initial determination of nonsignificance
has been made.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Susan E. Long, Secretary .
~0:
'FROM
INSPECTION REPORT
Henry E. Raynor, Jr., Chairman
Sc~lt~hold Tow~ Planning Board
John W. Davis
g~/F£e~- /0--~/~ .f~e e c~a-~c~;
DATE: ~2y 25, 1903
RE: DIA~ DAY LATHAM
ACCESS ROAD WI~IN ~E 7.9 ACRE SFETION
The existing road is !0 ft.-~ in width and about the same level elevation as the
adjacent farmland. The surface area has some gravel patches. Most of the length
annears to be hard packed loam.
The following 6 test holes, 100 ft. apart and starting 100 ft. south of the house
not in the set off lot, indicate the depth and type of material in the existing
road section.
Hole 1,
Hole 2,
Hole
Hole ~:
Hole 5,
Hole 6,
5"*- all loam
2,,+_ mixture of small gravel and loam
3" +- some small gravel and loam
2" +- some small gravel and loam
5" ~ mixture of small gravel and loam
5" 4- mixture of small gravel and loam
~here are a few small depressions (mud holes) due to recent wet weather.
Recommendations
1. Widen the road to 12 ft. in width from the northerly prOper~r line to the
center of the set off lot, approximately 400 L.F.
2. Place a crowned compacted 4" course of ban~run containing 20% or more of grawl
and 10% of loam on the above 400 ft.
There is a driveway layout (oyster shells and loam) at the second house that could
be used for turning emergency vehicles.
HENRY E. RAYNOR, Jr., Chairman
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM, Jr.
WILLIAM F. MULLEN, Jr.
Southold, N.Y. 11971
TELEPHONE
765-1938
May 18, 1983
Mr. John W. Davis
Sterling Road
Cutchogue, New York
11935
Re: Diana Day Latham
Dear Mr. Davis:
Enclosed please find map for the above captioned subdiv-
ision. Would you please inspect this area and advise our
Board if the right-of-way located within the metes and bounds
of the property is satisfactory and if not what improvements
would be necessary.
Thank you for your assistance.
Very truly yours,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TQWN PLANNING BOARD
cc: Amy Turner, Esq.
By Susan E. Long, Secretary
THOMAS A. TWOMEY, JR.
STEPHEN B. LATHAM
ROBERT D. PIKE
CHRISTOPHER D. KELLEY
AMY B. TURNER
TWOMEY, LATHAM & SHEA
A~ORNEYS AT LAW
33 WEST SECOND STREET
P. O. BOX 398
RIVERHEAD. NEW YORK 11901
(516) 727-2180
APR 1_. u REC'D
9 NORTH MAIN STREET
EAST HAMPTON, N.Y, 11937
(516) 324-12OO
April 15, 1983
Susan Long
Southold Town Planning Dept.
Southold Town Hall
Main Road
Southold, N.Y. 11971
Re: Diana Day Latham--Application For A Setoff
Dear Ms. Long:
As we discussed over the telephone yesterday, you
have advised me that it is unnecessary for me or my
client to attend the Planning Board meeting on April
18th. I understand that at that meeting the Planning
Board will only authorize a field inspection of the
property and that at the next Planning Board meeting we
will have an opportunity to elaborate on our request
that the subdivision application be treated as a setoff.
Thank you for your assistance in this matter.
Sincerely yours,
AT:ls
Southold
IvIAIN EnAD-STATE RnAD 25
Town Board of Appeals
SOUTHOLD, L.I., N,Y. llB?I
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
April 11, 1983
Amy B. Turner, Esq.
Twomey, Latham and Shea
33 West Second Street
Riverhead, NY 11901
Re: Appeal No. 3087 - Lula Mae Latham
Hearing Date: April 20, 1983
Dear Mrs. Turner:
In reviewing the above-referenced file and research-
ing town records, we were not able to find a copy of the
deed conveying this right-of-way.
Would you please provide us with a copy of same at
your earliest convenience?
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Secretary
JUN ? REC'I]
Southold Town. Board ., Appeals
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No.
Application
TO:
3087
Dated February 14, 1983 (Public Hearing
Amy B. Turner, Esq.
Twomey, Latham and Shea, as attorneys for
LULA MAE LATHAM
33 West Second Street
Riverhead, NY 11901
4/20/83)
[Appellant(s)]
At a Meeting of
the above
on your
the Zoning Board of Appeals held on May 19, 1983
appeal was considered, and the action indicated below was taken
Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance Article , Section
[ ] Request for
The public hearing on this matter was held on April 20, 1983.
Upon application for LULA MAE LATHAM, by Twomey, Latham and Shea,
Esqs., 33 West Second Street, Riverhead, NY for a Variance to Section
280'A, New York Town Law, for approval of access over a private right-
of-way located off the south side of Main (S.R. 25), Orient, NY;
Parcel in Question: 1000-019-01-010.
The board made the following findings and determination:
By this application, appellant seeks approval of access over a
private right-of-way commencing at a point about 3,000~feet easterly
of Narrow River Road and located off the south side of Route 25, hav-
ing a legal width of 16', a traveled width of approximately 8-10 feet,
and extending southerly from Route 25 to the subdivision in question
1283 feet (over premises now of R. Webber). The right-of-way within
the proposed subdivision area is not within the purview of this board.
Upon inspection of the subject right-of-way and pursuant to th~
road report of the road inspector, John W. Davis, dated May 10, 1983,
s~me of the surface areas show patches of gravel and a mixture of
small gravel and loam; and some sections are a little higher than
the adjacent farmlands. The 1283-foot length appears to be hard-
packed loam. Mr. Davis reports that the gravel patches would
indicate that the road is not in stable condition when saturated
from wet weather and springtime thaw. The board agrees with the
recommendations of the road inspector, which are incorporated below.
In considering this appeal, the board dete~aines that the
variance request is not substantial in relation to the requirements
of zoning; that the circumstances are unique; that by allowing the
variance no substantial detriment to adjoining properties will be
created; that the difficulty cannot be obviated by a method f~asible
for appellant other than a variance; that the relief requested will
be in harmony with and promote the general purposes of zoning; and
in view of the manner in which the difficulty arose and in considera-
tion of all the above factors, the interests of justice will be
served by allowing the variance as indicated below.
It is noted f6r the record that on May 16, 1983 the Southold
Town Planning Board conditionally approved the subdivision as a
set-off (Ch. 106-13) subject to receiving: (1) receiving approval
(CONTINUED ON PAGE TWO)
DAT~U: June 1, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3087
Matter of LULA MAE LATHAM
Decision Rendered May 19,
1983
from the Zoning Board of Appeals and (2) approval of the right-
of-way within the metes and bounds of the subdivision property from
the Southold Town Planning Board.
On motion by Mr. Douglass, seconded by Mr. Sawicki, it was
RESOLVED, that Appeal No. 3087, application for LULA MAE LATHAM
for approval of access, BE AND HEREBY IS GRANTED SUBJECT TO THE
FOLLOWING CONDITIONS:
1. Road width shall ~e improved 12 feet wide;
2. Road material removed and an additional 4" of topsoil for
areas covered by boles 2 and 3 p~r Mr.-Davis' report (attached hereto)
and add backfill to outer surface with clean fill;
3. Remove 6" of topsoil for area covered by hole 5 and backfill
with clean fill;
4. Place a crowned compacted 6" course of bankrun containing
20% or more of gravel and 10% of loam on the total length of 1283 feet;
5. Any further lot set-offs, subdivisions, or new dwellings
shall be subject to further improvements as required by the Zoning
Board of Appeals and the Planning Board.
Location of Property: Private right-of-way located off the
south side of Main (S.R. 25), Orient, NY; County Tax Map Parcel ID
No. 1000-019-01-010.
Vote of the Board: Ayes: Messrs. Goehringer, Douglass and
Sawicki. (Members Doyen and Grigonis were absent.) This resolu-
tion was unanimously adopted.
APPROVED
TO:
FRON:
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
John W. Davis
Report No. 289
Date: Nay lO, 1983
RE: ACCESS ROAD - LULA LATHAN
SET OFF LOT (ZBA Appeal #3087)
CON?~ENTS:
The existin~ road is 10 ft.~ in width. Some sections are a little
above and other sections about even with the adjacent farmland.
The profile is flat throughout. The 1283 ft~ length appears to
be hard-packed loam for the greater part. Some surface areas
show patches of gravel and a mixture of small gravel and loam.
l0 test holes, approximately 125 ft. apart, made in the center
of the road and starting at the south end of the R.O.W., show the
following depths of the road material.
Hole 1.
Hole 2.
Hole 3.
Hole 4.
Hole 5.
Hole 6.
Hole 7.
Hole 8.
Hole 9.
Hole 10. 4" mixture
4" mixture of gravel and topsoil.
2" mixture of gravel and topsoil.
2"± Gravel on topsoil.
4"~ mixture of gravel and topsoil.
No gravel - all topsoil.
4"i gravel (gravel patch) on topsoil.
5" mixture of o~ravel and topsoil (small amount of. gravel).
4"Z mixture of gravel and topsoil (mostly topsoil).
4"~ gravel on topsoil.
of gravel, oyster shells.
The gravel patches indicate that the road is not in stable condi-
tion when saturated from wet weather and springtime thaws. There
is nothing uniform about the amount of gravel found in the test
holes.
Recommendations:
1. Improved road width to be 12 ft. wide.
2o Remove road material and an additional 4" of topsoil for
areas covered by holes 2 and 3. Add back'fill to O~.IS. with clean fill
3o Remove 6" of topsoil for area covered by hole 5.Backfill with cle~ fill
4. Place a cro~wned compacted 6" course of bankrun containing
20% or more of gravel and 10% of loam on the total leDgth
of 1283 ft.
There is a driveway layout at the second house that may be suitable
for turning emergency equipment.
PR~PAI,'ER $ $]~I,IAIUP, E. .
REI'P, ESEII~ING LULA MAE LATHAM/
_]HST!!"JCTIOIIS-:(o) In order to ans¥,er tho questions in this short~ EAF:It is'assumed
· tho~ the prepoz'~r t~ill u~e curren%l~ available ~nforma~ion concerning
projecL and the likely zmpoc~s of ~he acJion. ]~ is not expected that
additional studier., research or o~her investigations v;ill be undertaken.
(b) 1[ any que~.~ion has been ons',~ered Yes Lbo projec~ may be
~ign~rican~ end o completed Envlronm~ntul Ass~ssm~n~ Form Is necessary.
(c) [f oll questions have been cnsv/ered Ho it is likely that this
project ls not significant
(d) Environmental As ....
~ ; %'~ project result'-in u large physical change '
[o %he projac[ silo or physically al~er more
th,m 10 acres et land? ....................... Yes x Ho
2. %'/ill there bca major chon[ia to any un~que or
· uhusuol land fo~m found on thu site? .... Yes ~
existing body or water? ...................... _ y9~x
4. t/ill project have o potentially large impact .
on ground,'rotor quality? ....................... _ Yes, x'~e,
· 5. ts'ill project significantly effect drainage
flay, on adjacent sites? ....................... Y.s x
~. Will project affect any threatened or
endangered plant or animal :~pecies? .... Yes x' No
7. Will pro~ct result in e major adverse '=,
on oJr quality?, : Yes X
8. Will project he, ye a major effect on visual
chorc, cter of [Jm coramunt,y or 5conic vlev;s or
vis[as knovm to,be, importonf, to [he community?.
Y. ¥1ill project odver4;ely imp(m[ any site or ..
=%ructure of hls[orlc, prehistoric or
poleonto!oglcal importance or amy site '
designated os a criticc~l environmental area
by a local oDenc)'? ............ ..:...v~..~.....:-.~..~. Yes No
10. ¥till proj~c% hove a major effec~ on axlsti~9
or futura rccrc:utional opportunities? ......... Yesx
Il. ¥Iill project result in .aa jar traffic problems .......
Oil COUPe 0 major cf[act to existing
12. ¥Iill project .regularly cease objectionable
odors, noise, glare, vibration, or electrical
disturbance os a result of the project's
opera'lion? ' Yes X No
13. Will project have any i,::poct on public health ''
or.soFqty? .................................... Yesx No
14. ¥1ill p~ojec[ effect the exlstin9 community by
directly causing ~ 9rowth In permm~cnt
population of more then 5 percegt over o one
year period or hc, veo major nogaliv~ effect
on the choro~er of ibc community or
neighborhood? ................................. . Yesx No
15 '
· I~ there public controversy concernin9 the
project? ...................................... ~esx No
APPLICATION FOR APPROVAL OF PLAT
Planning Igoard, and rel}rescnts and ~t:tlc. as folh,ws:
1, The applicant is the owner ~,f ~cc,,~,l ~f l[ic Innd un(h.r nl~l>licalioll t If fl., applicant is not thc
owner of record of thc land t~nd, r al*plicati,m, the :tpld{cant Ma:all qlat~' his interest ill said
land under application.)
2. The name .f tht. sul~dix'i-i,.i t~ ~, !. Diana~ Day ha~ham .........
3 The entire land trader :tl~ldiC;tli,,n ~. dcscribcdin Schcdule"X" hmt-t.:~nm.x.d (Copy of lh,ed
suggested.)
4.The land is held by thc
follows:
l.iber ........................ I'age ..................... On .......................
l.ilwr ........................ [*a~e ..................... On ......................
l.iber ........................ I~aKe . ..................... On .......................
as devised under the I.ast Will and Testamems{ff . .HaZ~ G,..Sa.gh~w,..~.&ber ......
294 of Wills, cp 69; Roy 5a~ham, 55bor 540 of ~lls, cp 1980
or as dlstrilmtee .
5. The area of the land is 40t000 sq,f.¢, acrc~.
I~..X]] taxes which are [icns,~ th,. I:tml :tt the ,l:~h. hct'c,~l' havr hm.n paid.,~ .........
7. Thc land is cncumlmr~.d h~ NO ...........................
mortgage
(a} M.rtgage recor(h.d in l.ibm ........ l~a~rc ....... in original atn~mnl
-f $ ............. unpaid am~nmt $ ....... held by .................
.............. address
(b} Mortgage recorded in 1.ilwr ......... I'agc . ............... in oriKinal am~mnl
~f .............. unpaid am.unt $ .................... held by ....................
.............. address
(c) Mortgage recorded in IAbcr ............. ['age ............ m original amount
of .............. Unlmid aln,,uu~ $ ................. held I*v ....................
...................... :tdd~,-
There are no other ellcunll>iallt'l', ,*r lic.~ ],IX:~R"RXtJ~X~[~It:I ~ ×,t'l,t tho.se..lis:bed..in ..
S~h~d~..i'~'.~nnexed her. eto ....................
The land lies in the i, dh>~ing /,,.iug Ii~e (listrict5 A. Residential. and ...........
i0. No part of the lalld lil.s tmdpr wntcr xxhetllcr tide w:tler, stream, l,,,.d water {~r
11. The applicant shall at his expense inslall all required public hnl,r{~vt'mcnls.
12. The land~/doe~ not)lie in a Water District ~r Water Supply 1)islrict. Name o{ Dis-
trict, if within a District, i~ ........................................................
13. Water mains will bc laid I,x
14.
15
10.
17.
18.
19.
20.
21.
Elcctric lines and :.tanllald- ,.',ill Iw il*~lalh!d b)r
lines.
... alKgadY, exSst~ .................
ii:is ,,laths will I,e i,~stalh,,1 I,, al.r.ea~y e~J:$t. . ..........
and (it) (,lltl) t'halg:c x~iil i.' I~,mh' i,,I {iisi;tiling '.aid In:tiu-
Suffolk County Iligh~ay ;>'-;tcm. annex Schcdulc "IV' her,,t,,, t,, sl.,~x same. N.A.
If street~ shown on tilt, plat :utc, claimcd I)3,' tilt, alq)licaut to l~l: esi.ting, public street-, in thc
Town of Southold l'lighwa> system, annex Schedule"('" hereto t,, s. how same. N.~.
on the plat.
\¥here the plat shows pr.ln,st'd streets which ;Ire extension,; of strt.ct4 ,,n adjoining sub-
division lnal)s heretof,,,'e [ilcd, Iht.re are no reserve, ,;trips :it Ih~. c~,l ~J the streets on said
existing mnps at their conjuncti.ns with Ihe pr.p~sed streets.
ltl the course of thesc I)r~cc~',llm."4 thc applica.t will ~,l'i~.r l,t,,,,f ,,f till,, as rcquircd I
335 of the l~eal Property l.axx.
Submit a COLD' .f l/r,,l~,~-~cd ,h.cd for h,ts ~-howi:u: all rc>lricli,,n., c,,x,,nants, i!Ic. Annl!x
Schedule "D".
22. The applicant estimates that .the cost of grading and reqnired lmblic, itnpr,vcments will bc
$..0.-..0.0.. as itemized in Schedule "E" hereto annexed and reqnests Il)at the matnrity of the
Performance Bond be fixed at .............. years. The Performance Bond will be xvritten by
DATE . .Fabruaxy..4., .............. 19..823 ... ~9.1.a..Ma.~..l~c))~t~fa.m. .....................
(Name of .;\pplicant)
(Sigfiature a0rt Title) Twomey, Latham & Shea
33 West ~econd Street
P.O. Box 398, Riverhead, N.Y. 11901
(Address)
STATE OF NEW YORK, COUNTY OF ................................. ss:
On the ....... 4 Lh ....... day of.. F.¢ .b.r. U-.a..rZ ~ ............... 19.8.~ .... before ,ne personally came
..... Am~L .B.,. ~2U~.la~r ................... to me known to be the individual described in and who
execnted the foregoing instrument, and acknowledKed that .. ~e. ..... execnted the same.
tl~ I~ER C~1~
~ l~ ~ ~ Notary Public ......
STATE OF NEW YORK. COUNTY OF ........................... ss:
On the ................ day ............ ~,f ............... 19 ....... before me l~crsonally came
.................. to me known, who being by ,ne duly sworn did de-
pose and say that ............ resides at No ................................................
....................... that ......................... is the .........
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corp-ration.
and'that ............ signed .............. name thereto by like order.
Notary Public
SCHEDULE A
The lot proposed to be set off falls within the
description contained in paragraph "THIRD" of Schedule
A. The remainder of the lot from which the proposed
lot is to be subdivided is comprised of all of the property
described in Schedule A, except for the lots referred
to as Parcels "B" and "C" and the property described
in Paragraph "FOURTH".
SCHEDULE B
1. Scenic easement recorded in Liber of 8473 of
Deeds cp. 41 August 3, 1978 a copy of which is
annexed hereto.
2. Right of way described in deed recorded on
September 19, 1903 in Liber 539 of Deeds cp. 464.
tike ~mtotly IL~ g~ laid of Roy L4tka~. seid ~tm ~i~ ~
(b) No dovele~mtt ef any kind shall be plllllted I
(f) lbo Inutee md its mm&mftuod qumes ~
:Mil 1~ of bmlmctimt of the ~ st my ad ill tim,
-4-
~Gie (m,
(B) ~ ~rt~ ~ the sm t~ m ~ ~ ~ ~le.
6. ~ fail~ of ~ ~ to Josiet ~ t~ stflff ~
shill by m'itten lnstrumnt d~ly Feco~deO in the Suffolt ~mty
Office deteruine to terminate the s~n~.
~ be is the Supervisor of ~ TOWN OF IJl]tf114[X~, tho corpor~:*Mj
~thed in and thlch eze~ated the foeepin8 hsstnmsm; thet
YORK) ~T.W
~m~mmmmi! ~ &
- SIONING~IS INSTRUMENT--THIS INSTRUMENT SHOULI USED BY LAWYERS ONLY.
CONSULT YOUR LAWYER BEFORE
THI~ INDENTURE, made the
BE'I%NEEN
LULA MAE LATHAM,
York
day of
, nineteen hundred and
residing at Main Road, Orient, New
party of the first part, and
DIANA DAY LATHAM, residing at
New York, New York
party of the secondpart,
233 East 32nd Street,
WITNESSETH, that the party of the first part, in consideration of
lawful money of the United States,
dollars,
paid
by the party of the second part, does hereby grant and release nnto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
that certain plot, piece or parcel of land, with tile bnildings and improve:nents thereon erected, situate,
lyingandbeinginthe Town of Southold, County of Suffolk and
State of New York, being more particularly bounded and
described as follows:
BEGINNING at a point on the westerly line of land of
Doris Hoey, formerly Louis Tuthill Estate, and the easterly
line of land of Lula Mae Latham, said point being about 1618
feet southerly along said land of Doris Hoey from the southerly
line of Main Road; running thence along said land of Doris
Hoey, southerly, 150 feet, more or less; thence westerly
along the land of Lula Mae Latham 280 feet, more or less;
thence northerly, along the land of Lula Mae Latham 150 feet,
more or less; thence easterly along the land of Lula Mae
Latham, 260 feet, more or less, to the point or place of
beginning.
Said parcel intended to consist of approximately 1 acre.
TOGETHER WITH a perpetual easement and right of way
running north and south along the easterly line of land owned
by Lula Mae Latham, beginning at a point on the easterly
line of land of Lula Mae Latham where said line is intersected
by the boundary line between land of Doris Hoey and Robert
Webber, formerly Edward Koraleski, said point being about
1283 feet southerly along said boundary of the land of Hoey
and Webber from the southerly line of Main Road; running
thence southerly along said land of Doris Hoey, 335 feet,
more or less, thence westerly, 25 feet, more or less, thence
northly, 335 feet, more or less, thence easterly, 25 feet,
more or less to the place of beginning.
-EXHIBIT D-
TOGETHER WITH a perpetual easement, in and to a right
of way along and over the westerly side of the land of Doris
Hoey and extending northerly over the land of Robert Webber
to the Main Highway, as described in a deed dated June 4,
1887 from Sarah A. Latham, Caroline A. Brown and Amanda S.
Petty to David S. Petty filed in the Suffolk County Clerk's
Office in Liber 313, cp 238 on October 8, 1888.
BEING AND INTENDED TO BE a portion of the premises
conveyed to Roy A. Latham, and Harry G. Latham, by deed
dated August 30, 1927 from Frank G. Latham, which was
recorded in the Suffolk County Clerk's Office in Liber 1292,
cp 26 on August 31, 1927.
TO~.a~l]'i~,l~ with all right, tit~e and in~erest, if any, of the party of thc first part in and to any streets and
roads abutting the above described premises to the center lines thereof,
'ro~"T~ with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAV~ ANI) TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
ANI) 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 consid-
eration as a trust fund to be applied first for the pnrpose 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" shall he construed as if it read "parties" whenever the sense of this indenture so requires.
IN wrrNE$$ WHEREOF, the party of the first part has duly executed this deed the day and year first
above written.
IN PRESENCE OF:
LULA MAE LATHAM
STAll OF NEW YORK,, COUNTY OF ss'~
On the day of 19 , before me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.
$TAll 01~ NEW YORK, C04/NYY 01~ sm
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
aff~xed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
STAT~ NEMf YORK, COUNTY OF ~
On the day of 19 , before me
personally came
to me known to be the individual described in and who
executed ~he foregoing instrument, and acknowledged that
executed the same.
STATE Ol~ NIW YOLK, COUNTY
On the day of 19 , before me
personally came
the subscribing wimess 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.
~atgain anl~ ~ale ~.b
~VITNOUT COVENANT AGAINST GI~ANTOR'S ACTS
TITLE NO.
LULA MAE LATHAM
SBCTION
BLOCK
LOT
COUNTY OR TOWN
TO
DIANA DAY LATHAM
THE TITLE GUARANTEE COMPANY
Amy B. Turner, Esq.
Twomey, Latham & Shea
'33 West Second Street
Post Office Box 398
Riverhead, New York
zip No. 11901
THOMAS A, TWOMEY, JR.
STEPHEN B. LATHAM
JOHN F. SHEA, Iii
ROBERT D. PIKE
CHRISTOPHER D. KELLEY
AMY B. TURNER
q~VOMEY, LATHAM & SHEA
ATTORNEYS AT LAW
33 WEST SECOND STREET
RIVERHEAD, NEW YORK 11901
(516} 727-2180
February 4, 1983
9 NORTH MAIN STREET
EAST HAMPTON. N.Y. 11937
(516) 324-1200
Henry E. Raynor, Jr., Chairman
& Members of the Planning Board
Town of Southold
Southold, N.Y. 11971
Dear Chairman & Members:
Enclosed p~ease find an application for tentative
approval of the subdivision of certain property located
at Orient which is owr~ed by our client, Lula Mae Latham.
Also enclosed are six copies of a sketch map, the filing
fee in the amount of $25.00, and a short environmental
assessment form.
We respectfully request the Planning Board to
consider this application as a "setoff" under Section
A106-13 of the Code of the Town of Southold. The
enclosed application proposes to subdivide one acre
from a lot comprised of approximately 36.1 acres. We
believe that the proposed "setoff" satisfies all of
the criteria set forth in Section A106-13. In making
its determination, we direct the Board's attention to
the following factors.
1. It is intended that the lot to be set off will
be used for residential purposes only. The lot now
contains a building which was used as a residence many
years ago. The current owner of the property, Lula
Mae Latham, plans to transfer this lot to her daughter,
Diana Latham. Thereafter, it is anticipated that the
dwelling on the proposed lot will be renovated for use
as a residence. In light of the fact that the lot has
been used for residential purposes in the past, it is
of such a character as to be suitable for its intended
purposes. With respect to floods or other perils, it
appears that there is no danger to the proposed lot.
The main house, which is the primary residence of Lula
Mae Latham and which is located in close proximity to
the lot proposed to be set off, has not been subject
to floods or other such perils.
Henry E. Raynor,
February 4, 1983
Page Two
Jr.
2. With respect to provisions for drainage, water
supply, sewer disposal, and other necessary utilities
and improvements for the proposed lot, the gas mains
and electric lines and standards already exist, and,
in the past, the lot has had a functioning well and
septic system.
3. The proposed lot to be set off is approximately
40,000 sq. ft. and thus conforms to the zoning requirements
of the A Residential and Agricultural zone in which
the lot is located.
4. The proposed setoff will be consistent with
the present and future street layout of the neighborhood.
The lot does not affect in any way Main Road--Route
25, to which the lot will have access. The lot's access
to the Main Road is currently in use.
5. The proposed lot will not require the extension
of municipal facilities or services.
6. The proposed setoff will be in harmony with
the future growth and development of the towr~ as it
will be used for purposes which are consistent with
the residential and agricultural zone in which it is
located and will not substantially interfere with the
property which is now being farmed.
7. The proposed lot will have adequate means of
access and offstreet parking. It will have access to
Main Road--Route 25, via a right-of-way over an existing
road. The road over which the right-of-way will be
granted is presently used by Lula Mae Latham and farmers
who need access to the southernly portion of the property
for farming.
8. The proposed setoff will not adversely affect
the present of future uses of neighboring lands. The
neighboring lands are used for both residential and
agricultural purposes. The lot proposed to be set off
will be used for residential purposes, and will not
adversely affect the farming which is now conducted
on the lot from which this lot is proposed to be set
off, and other neighboring lots. As indicated in the
map, the lot will include only a minimal amount of
property which is presently being farmed.
Henry E. Raynor,
February 4, 1983
Page Three
Jr.
As the lot proposed to be set off satisfies all
of the factors which the Planning Board is required
to consider under Section A106-13, we respectfully
request that the application be considered one for a
setoff, rather than for a minor subdivision.
If you have any questions concerning the enclosed,
please call the undersigned.
Very truly yours,
Amy B. Turner
AT:is
enclosures
cc Lula Mae Latham
Diana Latham