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4354
� � 3 /\O,P.ari✓5 �-,S/_A-.�sfS 'Losers �/ob.eE syA@c✓✓ S .r � r s/E—sl tlT ��.Y FY TiocCS r4Af i/R�'H'Ti o.cJ %ob(E � LG€r��' /7� 1ewr �iscPriATiaJ /el 9,)/f�h�vo xa/�vE' �i9s9 L�° ✓AGAToa t �,n-��G c re✓r� �'-�'.�-ram QreS- Drop Tn-y bea�ctz. ''v i ?h GXGrc�f�Cu�••�/�' 0�0 Eh' •�oT Ll�/.�rX' `P�,� r-r�rs =lS�s rw A �5ea6�1ac✓�— C'h' ��Cs�/`� APPEALS BOARD MEMBERS o`t` Gyp Southold Town Hall Gerard P. Goehringer, Chairman A nx, 53095 Main Road Serge Doyen,Jr. �,1, �� P.O. Box 1179 James Dinizio,Jr. �Ol ��O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an application for variances, based upon the owner's application for a building permit to construct, and the Building Inspector's issuance of two Notices of Disapproval, the grounds for which are noted as follows: D.1 (E. 1) Family Vacation Home will exceed the principal building height limitation stated in the Bulk Schedule of 35 feet, in this R-400 Residential Zone. D. 1 (E. 1) Family Vacation Home as a principal one-family use; Building C.7 Caretaker Cottage for year-round use and occupancy) and Buildings B.1 Lane Lodge, C4 (C4.1) Agricultural Compound, D.4 (E.4) Garage with staff or guest quarters each as an accessory: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. All buildings which will contain living quarters as an accessory with an extension of the principal one-family dwelling use and/or which exceed 18 ft. height limitation as an accessory are being considered for variances under Article III, Section 100-33A. A.2 Boat House, B.l Lane Lodge, B1.1 Garage, B.2 Mackay Cottage, C.1 Recreation Building, C.7 Caretaker's Cottage, D.4 (E.4) Garage with staff quarters, B1.2 Mechanical Services Building and B2.1 Mackay Garage will exceed 18' height limitation as accessory buildings, Article III, Section 100-33A. (Approvals required by the Zoning Board of Appeals before building permits may be granted. ) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; Parcel JD No. 1000-134-3-5 of 434+- acres. WHEREAS, an inspection of the property and the specific areas under consideration has been attended by members of the Board of Appeals; and WHEREAS, all procedures have been properly followed and a Negative Declaration under the New York State Environmental Quality Review Act was declared on February 7, 1996 by the Lead Agency Board of Appeals after coordination with the involved agencies; and WIfER,EAS, after due notice, public hearings were held on December 6, 1995 initially, and continuing for additional information and discussions on January 10, 1996 and February 7, 1996, Page 2 of 10 -.•Mareli 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board of Appeals hereby confirms the following Findings of Fact: REQUESTED RELIEF: 1 . By this application, appellant requests several variances under the Southold Town Zoning Code relative to Article III, Section 100-33A and Bulk Schedule applicable to the R-400 Zone District. More specifically, the following buildings are the subject of the relief requested and are shown on the proposed "Plan" dated November 6, 1995, prepared by James A. Thompson, Architect. The general location of these buildings, which are under the jurisdiction of the Board of Appeals in this variance application, are identified by the key coordinates' listed below: A2 New boat house building - 40' North West of 277,000 x 2,423,500 Height Requested : 29.5 ft. height maximum with 1-1/2 stories 131 Lane House - 190' West of 276,500 x 2,424,000 Height Requested: 25 ft. maximum height with 2-1/2 stories Cl New recreational building - 325' North West of 275,500 x 2,424,000 Height requested: 45 feet maximum with two stories; C7 Caretaker Cottage - 215' South West of 275,500 x 2,424,500 Height requested: 25 feet maximum with two stories; D1 Family Vacation Home - 95' North of 272,000 x 2,425,000 Height requested: 45 feet maximum with 2-1/2 stories; D4 Garage - 225' South West of 272,500 x 2,425,000 Height requested: 25 ft. height maximum with two stories. Also noted are the following buildings which will be interpreted by the Board of Appeals to be subordinate and accessory to the principal building con- taining various accommodations as described hereinafter: A2 "Boat house building" - 40' North West of 277,000 x 2,423,500. B1 "Lane House" - 190' West of 276,500 x 2,424,000 B2 "Mackay" building - 165' North East of 276,500 x 2,424,000 C4 Agricultural-Maintenance Compound" 220' North of 275,500 x 2,424,500, C7 "Caretaker" building - 215' South West of 275,500 x 2,424,500 D4 "Garage/Staff" building - 225' South West of 272,500 x 2,425,000. PRESENT SITE DATA: 2. The premises in question is an island consisting of approximately 435 acres, located in the R,-400 Residential Zone District. The land is all ' New York State's Plane Geometry Northing and Easting Coordinate System, Long Island 'Lone Page 3 of 10 -..Marcfi 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals in one ownership and is a single parcel for the purposes of building and zoning. The property is presently improved with the following buildings, identified from the "Historic Buildings Inventory" map prepared by Landmarks, Randall Parsons & Associates, and Robert J. Heffner, Jan. 1995, and survey by John J. Raynor, Nov. 28, 1994: a. );ane Building (referred to as Lane House B1) b. Clubhouse (referred to as Mackay Cottage B2) C. Cottage "Duck Inn" (115) (to be demolished) d . Ice House (133) e. Barn Complex (C4) f. Granary (part of C Area) g. Large game keepers building (part of C Area) It. Breeder building complex (C Area) (to be demolished) i. Fire cistern (C9) j. Two windmills k. Temporary greenhouse-type structure(s) . SETBACKS and BUFFERS. 3. Also, in considering and evaluating this application, the record includes, but is not limited to, the following information and facts: a. Location of all currently proposed buildings and structures under this variance request will be as identified on the Schematic Diagram entitled "]Robins Island Proposed Plan" (the 'Plan') prepared by James A. Thompson, Architect, dated November 6, 1995 and as more specifically described within phis or minus 50 feet of the grid location markers in accordance with the New York State's Plane Coordinate System, Long Island zone; and b. Applicant agrees to comply with all clearing and buffer retention standards and regulations as may be required by the Southold Town Trustees, N.Y.S. Department of Environmental Conservation. All roads shall be adequate for safe, emergency access in accordance with recommendations that may be made, or agreement with the local (fire) district having jurisdiction thereunder that may be entered into. 4. BASIS OF APPEAL/ZONING CODE PROVISIONS: Article III, Section 100-33A of the Zoning Code provides that " . . .in the. . .R-400 District, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. . . ." Article III, Section 100-31C provides for specific types of uses in accessory buildings and structures under subsections (3) through (9) thereof (boat docking facilities, garden house, toolhouse, storage building, playhouse, pool, tennis court, private garage, parking spaces, storage of a boat or travel trailer, certain housing for certain animals, yard sales, all subordinate and related to the principal residence of the premises. Page 4 of 10 —.March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Article XXIII, Section 100-231 restricts fences (including fencing for tennis courts) to height limitations between 4 and 6.5 feet, in respective frC ' and side or rear yard areas. Article I1I, Section 100-31A provides for a principal (or primary) one-family detached dwelling use in a building which meets the yard, height, and parkiing requirements set forth in the Bulk Schedule. The requirement for the principal building is set forth at 35 feet in height (applicable to the proposed Vacation House building in the "Plan") . 5. TOWN LAW STANDARDS/OTHER CONSIDERATIONS Among other considerations included in this variance application, the Board of Appeals is required to balance two elements: the benefit to applicant from the variance, and the detriment to the health, safety and welfare of the community or neighborhood that would occur if the variance were to be granted. In balancing the standards of law relative to these two elements, the following factors have been considered and determined: (a) The relief requested does not pose any threat to the health, safety, and welfare of the community. There will not be an undesirable change produced in the character of the neighborhood or a detriment to nearby properties created by the grant of this variance and conditions. The essential historical, agricultural and residential character of the island will not be changed. There will be no significant change in the number of buildings containing habitable quarters on the property (in comparison to those presently existing or which occupied the island before the original ordinance was adopted) . (b) The benefit sought by the applicant can otherwise be achieved only by a major subdivision which was not encouraged by Town Departments since the whole concept of preserving the historical and residential character of the island is beneficial to all. No other method is available other than by variance approval. (c) The requested variances are not substantial in relation to the preestablished height of buildings presently existing at the site and preexisting use of the buildings; the proposed "Plan" is designed as a "family compound" rather than as a subdivision of individual lot owners which allows for the comprehensive management of the natural resources of the Island as a single parcel. (d) The proposed "Plan" will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Further, the "Plan" observes the spirit of the Town Code, is consistent with the Town of Southold Master Plan, and furthers the public interest. (Also see Negative Declaration under SEQRA adopted February 7, 1996) . (e) The relief requested is not self-created or personal to the landowner, by the fact that the island is a single lot, the needs are related to the strict application of the zoning ordinance, the unique size, and natural characteristics of the land, historic nature of the buildings and Page 5 of W -..Ma.rcfi 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals property, as well as the isolated nature of the island, limited access, and other unique characteristics described in the above findings of fact that are not shared by all properties in the vicinity of this property and same use districts, and other facts submitted under this application. (f) The large size of this single parcel (435 acres) , the isolated nature of- the island with access only over water and by air, and its rural and historic character create unique requirements for accessory buildings and on-site support staff living, that cannot be found in other projects and which play a large part in this decision. 6. BOARD DETERMINATION AND CONDITIONS: ACCORDINGLY, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the relief requested under Appl. No. 4354 in the Matter of the Application of LOUIS MOORE BACON, SUBJECT TO THE FOLLOWING CONDIITIONS: Height,. Expansion, and/or Use: 1 . a. The height' and sizes of all existing and proposed buildings requiring variances shall be approved as follows: A.2 Boat House building - maximum 29.6 ft. height at 1-1/2 stories. The percentage of relief is approximately 64%, or 11 .6 ft. B1 Lane House - maximum 25 ft. height at 2-1/2 stories. The percentage of relief requested in relation to the requirement for an accessory building is 390, or seven ft. C.1 Recreational building - maximum 45 ft. height at two stories. The percentage of relief requested is substantial at 150% or 27 ft. more than the 18 ft. code requirement for a new building, (but not substantial in relation to the 35 ft. height of the presently existing barn building. ) C7 Caretaker Cottage - maximum 25 ft. height maximum and two stories. The percentage of relief requested in relation to the requirement for an accessory building is 39%, or seven feet. D1 Family Vacation Home - limited to 45 ft. height maximum and 2-1/2 stores. The percentage of relief is 28.5%, or 10 feet. height is defined under "Section 100-13 Definitions" of the Southold Town Zoning Code. Page 6 of 10 -. March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals D.4 Garage building with staff quarters - height at 25 ft. and two stories. The percentage of relief is 390, or seven ft. 1 . b. The following buildings shall be permitted as unattached extensions to and subordinate and accessory to the principal building described as follows: (1) (a) B2 "Mackay Cottage" building as an extension of use which shall be subordinate and accessory to the principal building and with a living area and single kitchen; (b) B1 "Lane Lodge" building as an extension of use subordinate and accessory to the principal building and with living area and a single kitchen; (c) C7 "Caretaker's Cottage" building as an extension of use subordinate and accessory to the principal building and with living area and a single kitchen; (d) D4 "Garage with Staff Quarters" building as an extension of use subordinate and accessory to the principal building, and with sleeping accommodations and allowable microwave-cooking, rather than a permanent kitchen facility, for periodic vacation house staff, and not to be rented separately from the other buildings, nor treated as a dwelling or separate living unit, (unless further application and approval or waiver is granted for modification) ; and (2) A2 "Boat house building" shall be limited to office and lounge areas for security personnel and staff, and as an accessory building subordinate to the principal building, as well as for docking and storage of boats used by the owner and the owner's family, their employees and guests (as needed for transportation, security, family activities, and other island-related uses) - however, no kitchen accommodations are permitted (unless further application and approval or waiver is granted for the modification) ; and (3) C4 "Agricultural-Maintenance Compound" building use shall be limited to periodic sleeping accommodations and a single, shared-kitchen facility for up to four persons (agricultural staff) in this compound only, and not as a separate dwelling or guest unit, in addition to permitted agricultural activities, workshops, and accessory fuel storage and other storage uses (unless further application and approval or waiver is granted for the modification) . C. Future enlargement or expansion of the nonconformity (those buildings containing extended use of accessory buildings for habitable quarters) in addition to that requested under this application shall require written notification to the Board of Appeals, and if deemed necessary by the Board of Appeals, further application for the new expanded areas will be required (ref: current Section 100-241 or future Zoning Code regulations Pertaining to "non conformities") . d. To the greatest extent practicable, the presently existing, natural vegetated 20 ft. deep buffer between the proposed Vacation Home and the top of the bluff shall maintained and replaced only if necessary due to damage by environmental conditions, unless otherwise determined by the Page 7 of 10 -..March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Board of Appeals at a future date. (This condition is related to the height request for the Family Vacation Home. ) e. The setback of the "Family Vacation Home" shall be at 100 feet, or more, from the top of the presently existing, undisturbed bluff areas. (This condition is related to the height request for the Family Vacation Home. ) f. All buildings and structures shall meet or exceed Town require- ments and regulations for setbacks from bluffs and beaches as required by appropriate environmental agencies (Town Trustees and NYS DEC) . g. All fencing for the tennis court shall not exceed a total height at 10 feet above natural grade, as proposed; and there shall be no lighting for after-dark tennis court use as regulated by subsection 4-b of Section 100-31 of the Zoning Code. li. It shall be understood that the "Family Vacation Home" will be (is) the principal residential building and use, and other buildings (proposed in the "Plan") are subordinate and accessory to the Family Vacation Home. i. The "Family Vacation Home" building as the principal use will be (is) permitted to be constructed at a mean height of 45 feet. Lighting, Utilities, And Other: 2. a. That this approval is subject to the owner obtaining written approvals from the Southold Town Building Department, Suffolk County Department of Health Services, and other applicable governmental jurisdiction, as required, before commencing each respective construction activity, including the storage hazardous or toxic materials on the island and as regulated under Article 12, Suffolk County Health Department regulations. b. That exterior lighting, if any, must be shielded to the ground and not be adverse to neighboring areas. C. That electrical and plumbing utilities are permitted in all buildings, and except as otherwise applied for in this application, all other accessory buildings shall be utilized for storage and uses as provided by the Zoning Code (presently referred to as Section 100-33) which outlines specific uses or activities allowed in accessory buildings. Other Conditions 3. a. That notice, and where required, written application shall be made to the Southold Town Board of Appeals for any change, modification, alteration to the Plan. The Board of Appeals reserves the right to require a new public hearing and may take action (under its jurisdiction) as it deems necessary. Nothing shall be construed herein to prohibit the applicant from constructing other buildings and structures pursuant to law, provided variances and other approvals where required are obtained. Page 8 of 10 -•March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals b. The owner must obtain applicable agency approvals including the Federal Aviation Administration, Southold Town Board, New York State Department of Environmental Conservation, Suffolk County Department of Health Services including County Article 12, Town Building Department, and any other agency having jurisdiction as set forth in the application (and the "Plan") . C. Approval is required by the Southold Town Planning Board (and other applicable agencies) in the event that the property is to be proposed for a subdivision. Any type of new development, other than a proposed subdivision, will require written notice to the Board of Appeals, and/or further approval and/or waiver by the Board of Appeals or other agencies where appropriate. Such changes will be governed by the laws and regulations in effect at the time of those future applications and other agency actions, or variances that be granted therefrom. Nothing shall be construed by any of these conditions to limit the potential yield of the entire property as may be determined by the Planning Board in the event a subdivision is ever proposed for the property. d. The applicant agrees to advise the Board of Appeals in writing (briefly - one page) as to the construction status letter of this "Plan" every year commencing 4/1997 and until fully implemented and to advise the Board at that time, in writing, of any changes, modifications, alterations, or other proposals in this "Plan," except that accessory buildings and structures, agricultural buildings, sheds and storage buildings, gazebos, and other code-permitted accessory buildings, will not be required as part of a status report. e. The Board of Appeals, or its representative, reserves the right to inquire on the status of any portion of the project at any time, particularly if the owner fails to show intent to commence construction, or fails to continue construction activities within the time periods authorized under town building permits. f. The new family residence (referred to as vacation home) shall be the principal residential building and may not be leased or rented separately from any of the accessory buildings, unless otherwise agreed to by the Board of Appeals. All terms and conditions herein shall be binding on all lessees and/or lessor(s) . Further, any lease or other type of possession of the property or of its agricultural acreage and hunting operations shall be in compliance with all applicable rules and regulations of the Town Code. Any and all hunting operations or hunting-related activities shall be limited to non-commercial purposes, and consistent with the use of Robins Island as a private shooting preserve licensed by the New York State Department of Environmental Conservation. Any change in this use will require approval of the Board of Appeals. g. In light of the historic use of the property, unique access issues of the island and isolated nature of access, and the Town's desire to see this building completed and restored, the Lane House a/k/a Lane Lodge may be used with a single kitchen and used as guest quarters for up to 12 non-paying guests and employees of the owner of the property. These page 9 of 10 --March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals quarters shall be used periodically but not more than 180 days per year, as agreed to by the applicant, or as otherwise determined by the Board of Appeals. It. The new caretaker cottage shall be an accessory building. In light of the historic use of the property, the size and isolated nature of the island and the unique access issues of the island, the owner of the property (must have an employee on-site to conduct 24-hour monitoring of the island. That employee and his/her immediate family may reside year-round in the C7 Caretaker Cottage with a single, full kitchen facility, for purposes of monitoring the island. i. The existing Mackay Cottage shall be considered in the proposed "Plan" as an accessory building. In the event the vacation family home is never built, the Mackay Cottage will become, or return to, the principal building, unless the ZBA designates otherwise, and other buildings will be remain accessory thereto. In light of the isolated nature of the island and the historic use of the building, the Mackay Cottage may be used as living quarters with a kitchen facility and for overnight accommodations, for up to six shooting staff or non-paying guests of the owner of the property. The Mackay Cottage, as an accessory building with guest quarters and single kitchen, may be used periodically but not more than 180 days per calendar year, or as otherwise determined by the Board of Appeals. j. The Agricultural-Maintenance Building, C.4, shall be permitted for agricultural use. In addition to housing the equipment needed to maintain the island, storing fuel for the island's heating and electrical needs and the workshops, the proposed dormitory quarters in this building may be used as sleeping accommodations with a shared kitchen for overnight stays of up to four employees of the owner of the property. These quarters shall only be used periodically and not more than 180 days per year, or as otherwise determined by the Board of Appeals. k. The Recreation Building shall be an accessory building and is granted a height variance to allow its mean height of 45 feet with the understanding that nearby trees will largely mask the height from off-island observers. The owner of the principal residence (vacation family home) agrees to use his best efforts to maintain a visual buffer. This shall not preclude the owner from normal maintenance of the trees. 1. The owner agrees to provide transportation for any and all children of school age to the main land at his own cost and expense. m. The owner agrees to allow the Building Inspector and/or an authorized representative of the Zoning Board of Appeals to inspect the Island, and buildings and structures, pursuant to Article XXVIII, Section 100-280-b of the Zoning Code, and at reasonable times, after reasonable notice to the property owner or authorized representative listed on the town's tax assessment rolls to ensure compliance with the covenants and conditions established by the Board of Appeals. Unless otherwise agreed, notice shall be by certified mail to Mr. Louis M. Bacon, c/o Kevin S. Law, Page 10 .of 10 March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Esq, Nixon, Hargrave, Devans, & Doyle, L.L.P. , 990 Stewart Avenue, Garden City, New York 11530. it. The Zoning Board of Appeals approvals are conditioned upon compliance with the above conditions and with written covenants prepared by applicant's attorney in proper form for recording. The written covenants shall incorporate the Board's above-noted conditions, with wording as approved by the town attorney for the Board of Appeals, and shall be recorded by the applicant with the Office of the Suffolk County Clerk within sixty (60) days of the date of this variance, or before issuance of a building permit under this variance. A conformed copy of said covenants shall be filed with the Office of the Zoning Board. o. In the event the owner, or his representative(s) , fails to comply with any of these conditions and/or covenants, and fails to remedy the noncompliance cited by the Board of Appeals, Building Inspector, or other authorized enforcement officer or agency, pursuant to Article XXVIII, Section 100-280-b (Enforcement Provision) of the Zoning Code, for that building or structure, the approval for the particular activity, building or structure under this determination cited for noncompliance shall cease and be of no further effect. This condition shall not preclude the owner from converting the subject building or structure which is the nature of a zoning violation or noncompliance, to that which is permitted as authorized by the Building Inspector to conform with Chapter 100-Zoning of the Southold Town Code. p. Any and all of the above conditions may be removed, withdrawn, modified, changed, or otherwise altered subject to further action by the Board of Appeals, and nothing shall be construed herein to prevent the applicant (owner) to make further application for the same. VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, Tortora , and Goehringer. This resolution was unanimously adopted. Ik RA CH RMAN 1 Lt�,is1 jiT ?5 BY � rJ Town C UPDATED NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law cued the Code of the Town of Southold, that the application noted below will be continued at a public hearing before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 10, 1996, : 7:45 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). (Per Resolution of December 6, 1995. ) This application shall include the following additional requests under the Southold Town Zoning Code based upon the Notice of Disapproval amended January 2, 1996, the grounds for disapproval as follows: C4 (C4.1) Agricultural Compound. Under Article III - One-family dwelling not to exceed onedwelling on each lot. I31 .2 Mechanical Services Building and B2.1 MacKay Garage proposed to be in excess of the 18 ft. height limitation as accessory structures, Article III, Section 100-33A. Accessory buildings which will contain living quarters and/or exceed 18 ft, height limitation also will be considered for variances. l� (Approvals required by the Zoning Board of Appeals before building permits may be granted. ) Location of Property: Robins Island , near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5. Dated: January 2, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS (516) 765-1809 s ,.•DO ,/ J • FORM NO. 3 • rop . TOWN OF SODTHOLD �J BUILDING DEPARTMENT SOUTHOLD, N.Y. �a N/}OT�I^CE OF DISAPPROVAL g October , DATE: . . . . . . . . 31 1995 . . . . . . . . . . . . . . . . . . . . To . . .JAMES A. THOMPSON, ARCHITECT - A/c ROBINS ISLAND PRESERVATION CORP. . . . - -- • • .. . . . . .. . . . . . . . . . . . . . . . . . . . . . 2 LAFAYETTE COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . GREENWICH, CT. 06830 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. PLEASE TARE NOTICE that your application dated .• OCTOBER ]0, 19 95 for permit to DEVELOP ROBINS ISLAND . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . ... . . . . . • • •.. . . . . .. . at Location of Property ROBINS.ISLAND . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 - Section . . . .134 . . . . BLOCK . . . .3 . . . . . . LOT . . .5 . . . . . . . . . Subdivision . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . .Lot No. . . . . . . . is returned ]herewith and d approved on � following grounds . .. . . . . . . . . . . . . . . . . . . .. . . . . . t �1`J A.2 Boat—House B1 . 1 G rage C. 1 Recreation Building E.4 Garage with staff quarters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . All exceed 18' height limitation for accessory structures - Article III Chapt: 100-33A. - . - . - . s... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . E: ] amily Vacation Home exceeds height limitation of 35' as stated in the Bulk . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . � . . ®. - . . . . . - - .- . . . . . . . . . . .. . . . . . . . _ . . Schedule for an R-400 Zone. E. 1 Family Vacation Home B. 1 Lane House C.7 Caretaker . . . . . . . . . . . . . . Cottage E_4 Gar ge with Staff Quarters. Permitted use in an R-400 Zone, a One . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ..,. . . . . . . . . . . . . . . . 0 . . . . .. . . . . . . . . . . . Family Dwelling not to exceed one ( 1) Dwelling on each lot. Action required by the . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . ... . . .. .. . . .. 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . Zonring Board of Appeals. All Dwelling units require Suffolk County Health Department. . . . . . . . . . .. . . . . . . . . . . . . . . . . ... .. . . . . . A.Z Boat House requires Town Trustee and DEC approval. . . . . - • - • - -. . . . . . ..- - • .. . . . .. . . . . . . .. . .. . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . .. .. . 0 . . . . . . . . . . . . . SEE EXHIBIT B ATTACHED - ALSO REFER TO ROBINS ISLAND MAP. . . . . . . .. . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - - . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... . . . . . . .. . . . . . . . . . . . . . . . . y _ Fish BII LD G INSPECTOR RV 1/80 FORM NO. 3 ( . TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. (AMENDMENT) NOTICE OF DISAPPROVAL DATE: Jan. 2 1996 To James A. Thompson, Arch, A/c Robins Island Preservation Corp. 2 Lafayette Court . . . ... . .. . . .. .. . . .. . . . . . . . . . . . . . . . .. . .. . Greenwich, Ct. 06830 . . . . ... . . ... . . . .... . . . .. . . . .. . . . . .. . . . . . PLEASE TAKE NOTICE that your application dated .ActAbeF 10,. ... . ... 19. 9$.. . for permit to DEVELOP ROBINS ISLAND •• • . .. . . . . . . . . . . . . . . . . . . .••... . . . _.. .. .. .. . ._. ... . ... . .. . .. at Location of Property ROBINS ISLAND House No. Street Hamlet County Tax Map No. 1000 - Section . . . .1-14. . . . . BLOCK . . . . 3 . . .. . LOT . . 5 .... . . . . . Subdivision . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . Filed Map No. . .. . . . . . .Lot No. . .. . . . . is returned herewith and disapproved on the following grounds . . . . . . .. . . .. . . . .. ... . . . .. . . . . . B 2:1 MacKay Garage, B. 1.2 Mechanical Service Building - Both exceed 18' height . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • - •- • • • . • •.. . . . . . . . . .. . . . . . . . . . . . . . .. . . . . limitation for accessory structures - Article III Chapt. 100=33A. taff quarters Agricultural Compound - Permitted use in an R-400 Zone, A 1 . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. ,. . . .. . .. . . . . . . . . C One Family Dwelling not to exceed one ( 1) Dwelling on each lot. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . .. . . . . . . . . . . . . .. . . .. . . .. . . . .. . . . . . . . . . . . . . . Please note that the MacKay Cottage is considered the principal use on this • ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . • . . .. .. . . . . . .. • •• . . .. . . .. .. . .. . . . .. .. . .. . .. . . . . . parcel at this time. . . . . . • • - • • • .. . ... . .. . .. . . . . . . . . ..• - - • -- • . . . . _ .. . . .. . . _. . . . . .. . . . . . . .. . . . . .... .. .. . . . . . . . . . . . Action required by the Zoning Board of Appeals. . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . • • • • • .. . . .. •• -- - • • • . • . . . • -- .. .. . . .... .. .. .. .. . _... . . . . ,- . . - . . . . . . • • • • • • • • • • •• .. . .. .. . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . ... . .. . . . . . . .. . . . . .. . . . . . . . . . . . . . . . ... .. . . . . • - • - • • • . . . . . . • • - • -• • - • . . . . . . . . . - • • • . . . . . . . .. .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . - • • • - •• .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. ... .. . .. . . . . . . . . . . . 71LDIN("; *NSPECTOR. .. Gary J. Fish RV 1/80 SBOARD OF IiEALTH . . . . . . . . . FORM NO. 1 3 SETS OF PLANS . . . . . . . . . TOWN OF SOUTHOLD SURVEY . . . . . . . . . . . . . . . . . . BUILDING DEPARTMENT CHECK . . . . . . . . . . . . . . . . . . . TOWN HALL SEPTIC FORM . . . . . . . . . . . . . SOUTHOLD, N.Y. 11971 TEL.: 765-1802 nOTIFY . CALL . .7. S/ 3y_ 3Y . . . . . . . . . . . . Examined . . . . . . . . . .. . . . . . .. 19 . . . _ HA I L TO : Approved . . . . . . . I . . . . . . . .1 19 . . . Permit No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . .October AQ . . . . . .. 199.5. . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property most be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, b ulding c e, housing code, and regulations, and to admit authorized inspectors on premises and in builduig for necessary in pec o Ob. .'. . . . . . . . . . . . . . . . . . . -- (Signature of applicant, or name, if a corporation) James A. Thompson, Architects 2. Lafayette,Coiartf ,Greenwich, ,CT106830. . . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . • „ • , , , , . , , . ARCHITECT, N.Y.S. LICENSE NO. 023731-1 Name of owner of premises . ... . . . LOUIS M. BACON (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) Builder's License No. . . . . . . . . . . . .N/A. . . . . . . . Plumber's License No. N/A Electrician's License No. . . . . I . . . N/A Other Trade's License No. ARCHITECT'S N.Y.S. LICENSE NO. 023731-1 1. Location of land on which proposed work will be done. ROBINS ISLAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N/A N/A NEW SUFFOLK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . (louse Number Street Hamlet County Tax Map No. 1000 Section , .134 . . , . . . . . , • . Block . . 3. . . . . . . . . . . .. . . . Lot . . . . 5. . . . . . . . . . . . . . Subdivision . . . . . . . ... . . . . . .N/A . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy SEE EXHIBITS A',& B ATTACHED, FOR ITEMS 3 THROUGH 9 . . . . . . . . '.M. . . . . ... . . . . . . . . . . . . . . . . . b. Intended use and occupancy . . , ,SEE EXHIBITS A & B ATTACHED, FOR ITEMS 3 THROUGH 9 3. Nature of work check which ap l able g New Building . . . •tea X l � X . . . . . �dd�. . ...n . . X . . . . . . Alteration X Repair . . . . . . Other Work . . . . . . . . . . . . . . . ron . , . . . (Description) 4. Estimated Cost . . . P,000,000.. • • • • . Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units . . . . . . . . . • . . . .. Nunber of dwelling units on each floor . . . . . . . . . . . . . . . . If garage, number of cars 6. if business, commercial or mixed occupancy, specify nature and extent of,each type of use . . . . 7. Dimensions of existing structures, if any: Front . . . . . . . . . . . • . . . Rear . . . . . . . . . . . . . . Depth . . . . . . • . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . • Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . : . . . . . . . . . . . . Depth . . . . : ... . . . . . . . . . . . . . . . Height . . . . . . . . . , .. . . . . . . . : Number of Stories . . . . 6 . . . . . . : . . . 8. Dimensions of entire new construction: Front . . . . . . . . . . . . . . : Rear Depth . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . .. . . . . . . . . . . . : . . . . . . . 9. Size of lot: Front . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ear Depth 10. Date of Purchase 12/93. . . . . . . . . . . . . . . . 6 . . . Name of Former Owner SO HOLD DEVELOPMEN . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 11. Zone or use district in which premises are situated . . . R;400 . . . . • . ' . • • • ' ' ' ' ' ' ' ' . 12. Does proposed construction violate any zoning law, ordinance or regulation: YES 13. Will lot be re graded YES. - PARTIAL g • • • • . . . . . . . . . . . . . Will excess fill be removed from premises: s 14. Name of Owner of premises . LOUIS• M. BACON Address • 44 MAYO AVE.GRW 212-7�2-748No hone No. Name of Architect JAMES A. THOMPSON 2 LA. . . . . . . . . . . . R 203-625=5303' ' • • • • • • • • • . • . . . . . . . . . Address . . Phone No. Name of Contractor LOOIS M. BACON SAM1. ' ' ' ' ' ' 212-782=7488' ' • • • • • • • • • . . • . . . . . . . Address . . . . . . . . . . . . : . . . . . . Phone No. 15. Is this property within 300 feet of a tidal wetland? *Yes• „ • • . . . No. PR0t)tA'1V18'WITHIN' *If yes, Southold Town Trustees Permit may. be required. 300' bF WETLAND .- PLOT DIAGRAM WORKSITE IS NOT Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. REFER TO ATTACHED EXHIBITS PREPARED BY JAMES A. THOMPSON ARCHITECTS, DATED 10/2/95: EXHIBIT A: ROBINS ISLAND, PROPOSED PLAN, SCALE. 1:200 EXHIBIT B: ROBINS ISLAND, PROPOSED PLAN STATE OF NEW YO K, S.S COUNTY OF . :50. .L.h. . • . • . ��.i•4 . . . A.'. . N.k��. 56,1v• . . . • being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ibove named.:le is the . . . . , ATY.-, ,Ar."T. . . . . . . . .. :. . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) A said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this - ipplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the .vork will be performed in the manner set forth in the application filed therewith. ;worn to before me this . . . . . . . . . . . . . . 1 .1. . .! . . . .day of . �.�'a.Q .�. .�. . . . ., 19 .� 4otary Public. . . . . . . . . . . . . . .0 Q (-:.k. . . . County 6U.SXk E.LONfi Notary Public,State of Now York (Signature of applicant) No.01L04858343 Qualified In Suffolk County ✓ Commiaaion Emiree Nnvambar Ei 19 l•,.� • TOWN OF SOUTHOLD PROPERTY RECORD CARD -I A 3--G �OWNER� U/� `I STREET yn ,/ ./ l! VILLAGE 1 DIST. I COUNTY TAX MAP NO. Sauthoto W--VeLoemr•N7 CoRrl `9ot.3rNS u/ISLA I D I /,5" /Ooo J(OrN W. MraeKA ND IMP.IMP. TOTAL DATE REMARKS: c �cca _ / .7. 0o°• /2, 600, ._ aa9 , (Aoa. S/9 7 M&17SoLD S, Mncisn %o S. D.C , 35g000, NCLurmv 2 PA(itas iv New SUFFotK 'AckI f� 1 Cj l .O 3 /S n C --- - -TOW altC3___— _. 77 OWNER STREET - VILLAGE. DISTRICT I SUB. LOT FORMER OWNER N � E ACREAGE �3- J C $ J W TYPE OF BUILDING Y sk l Pro • ic: �,kr maces c d RES. SEAS. VL. FARM comm. IND. CB. I MISC. LAND IMP, TOTAL DATE REMARKS Qy Ll S� f 1 5 � d J�QO 11 /9CRIr � 0 c l ,2/� g7d 10, x" ' ;(i Y (gin b 00 J 6 9 67 Y►- �" _ - Late - _ dz o^ AGE BUILDING CONDITION 2 a t Pt ( C �E I NEW NORMAL BELOW 1. ABOVE Farm Acre Value Per Acre Value y Tillable 1 �7 Tillable 2 I Tillable, 3 Y t Qi I - � Woodland - 0 1 Swampland Brushland House No O , T-�.i r I 7 1 z , D , 2e',, f� , 1pU i /J Y Cod M. Bldg. I X vv Foundation Bath Extension C� �� / — ' ✓ Basement Floors / Extension �3 x _ Ext. Walls a Interior Finish Extension — ru --- -- 7 I 3 vFire Place Heat �Y 'W4� J ��i✓ �.�9i (' "7.�� Attic orc Ph c Porch Breezeway y 6 Y 8 Rooms 1st Floor Patio Rooms 2nd Floor Garage ----- Driveway _ o.B. ---" TO OF�SOUTHO�D-'1�'��p -Y RECORD ceQn `. • • • • • .• • D CARD VILLAGE ��1` ,„ a n Apr►' �{t T� REMARKS AGE BUILDING LJ a CONDITION "'ABOVE Volue Total i Ll Mal Ll ■■■■■■■■■■■■■■■■■■■■ MEN MEMO SEEN ENNIN ■E■■_ t i yi II NONE ■OEM f 4' TK 1 � � ■ESN _ SEEN " :� ON 1 • T 5WWorbou TRUE 9150MOREW R -� OWNER STREET VILLAGE DISTRICT SUBS LOT ACREAGE RMER OWNER N E �3 3,f S W TYPE OF BUILDING RES. SEAS. VL. FARM CoMJv1. I IND. CB. I MISC. -- -LAND IMP. TOTAL DATE REMARKS C .sy of f -_ AGE BUILDING CONDITION —r— NEW NORMAL BELOW ABOVE Cz "w Farm Acre Value Per Acre Value _ Tillable 1 16 -- Tillable 2 Tillable 3 Woodland -- Swampland Brushland —House Plot_ ----- -- i Total F r `nI six ------------- f iQb ntS-a-vf� y�i^�fc � ,M. Bldg. I _ Foundation Bath Extension Basement Floors Extension Extension Ext. Walls Interior Finish Fire Place Heat Porch Attic — - Porch --- -- -- Breezeway Rooms lst Floor - Patio Rooms 2nd Floor --- garage Driveway �. B. 41 J . KEY A Mlane RAc<eas Area At Pier. Doak am ending C slip 14 (not anon)) A^•'A , A Beat Meuse✓p �/i�'�y{,{� fman Lee9e CemPlex V L q/ ne Loege /L) 8.1 legs .!� 1 6 eanani, Servicev 0 1ei eekay Collage B21 G,., 0.3 lee Xouee i 0.4 Wmemill (Water Pump) A.2 1 Q 2 i 22 NOTES. h. r + \ 1.THE CESK:N OF THE SANRARY SYSTEM WAS COWLETED BY JOHN J. RAYNOR, P.E. J: Li.. P.C. 2 THE DESIGN OF THE POTABLE SYSTEM WAS COMPLETED 0 LBC ENGINEERING n _ 1�♦ SERVICES, P.F ..__ — V' 3.TOPOGRAPHY IS DERIVED FROM SURVEY DATA SUPPLED W JOHN J. RAYNOR• 2 _ LICENSED SURVEYOR NO. 49319. PREPARED DECEMBER 12. 1994 MEN ♦ * = -- _ SW WORK COMPLETED OCTOBER 14. 1994. lEGEtlC- __ _ ♦ _ - -_ 9TISA9HEi JFDN^.FARi1CL4 -_ __ •_ MANMADE FRESHWATER PONDS MEW) i30 OF THL 4F'F'';ORK PTATE '^ — ?•.�.._:�;_.r:_ 9UIIDWG EDOCATIOON LA.6'd FOR ANY DEPsor, TO ALr=RTHIS ALE WATER WELL - ExlrnNc pOCUMF.i'Tii-i�?,1�;Adv:PVTH- J!TH- _ -- .P WATER WELL - PROPOSED OUT ii[ k g ^;j 4JP-,EN V'F ahl OW sPTDd0Y �♦ __ _ _ _ _ 3 TEST HOLE AWE,YOP?,STATE LI ENSED __... -------- SUBSURFACE WnARY SYSTEM V..NDSL'RVFYOR.OPEPlGIN==R '-• T"' INA.CCORDANCEWITHSECTION UNDERGROUND POWER AND COMMUNICAMON9 B 2 7209(2), ART!CL'- 130. NEW _ UNDERGROUND POTABLE WATER SUPPLY YORK STATE EDUCATION LAW' • LFACHING POOL .cODF NEt1:Y sEP11C TANK V - ---__ c •-•-N='" O CREASE TRAP -- - 100 Ju�oF raw21�t I OID :i 0 -_ '-_ -_ SCALE IN FEET rY ',•� •.,:�-:`�=�;'.•._o - _ _RE ROBINS ISLAND B.,.1 s. = SOUTHOLD, NEW YORK SANITARY AND POTABLE SYSTEMS LAYOUT O DATE I REVISED PREPARED BY: O LBG ENGINEERING SERVICES P.C. \ Pra(aaoml&IJi.Wo. eve Pjk IDpaeen 1T Monroe Tu06611 Trumbull, C7 08811 '♦ (203) 452-3110 � I DATE: il/28.95 FIGURE: ] P _ ,,a _ ;§tee •1 e •• �o BBEAT / !£LON/C •w is os��PA m TOWN ---- - TOWN • 6WEAJ PEGOVIL BAI' — tM)b limu:OR Eq d 1e•"' CO UNTY OF SUFfOIK •Mx q=SOUTHCLD rzamxxu. ��_ — ,,. ® _ o,..c.__._ 'I^^, a +•• �qRS�Pro0erlYTax Service A9encYco�m�D PlmFead,L.1,New Ye•t PROSEEEY M4P x Iw F% Ay* r J. Nature of work (checkf which appli g X kddiliA. R . . . . . . Alteration X ), New Building . . . . . . . . . . . . . . : . . . . . Repair . . X . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . Other Work . . . . . . . . . . . . . . . 4. Estimated Cost . . . (Description)1l000,000 + , . , • . , . Fee . . . . . . (to be paid on filing this application) 5. If dwelling, number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . ... . . . If garage, number of cars . . . . . . . . .. . , . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of.each type of use . . . . . . . . . . . . . . . . .7. Dimensions of existin structures, g stctures, if any: Front . . . . . . . . . . . . . . . Rear Depth . . . . . . . . . . . . . . I eight . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . .Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . . . . . . Rear Depth . . . . . ... . . . . . . . . . . . . . . . height . . . . . . . . . . . . . . . . . . . : . : Number of Stories . . . . . . . . . . . : . . . . 8. Dimensions of entire new construction: Front . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . Height . . . . . . • • . g • • • • • • . • . . . . . . . Number of Stories . . . . ... . . : . . . Rear . . . . . . . . . . . . . :. . . . . . . . . De th . . . . . . . . . . . . . . . . . . . : . . 9. Size of lot: Front . . . . . . . . . . pp 10. Date of Purchase . . 12/93. . . . . . . . . . . . . . . . . Name of Former Owner SOUTHOLD DEVELOPMENV Cbltl?'.' 11. Zone or use district in which premises are situated . . . R:400 . . ' ' • ' . . ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' . . . . . . . , YES. . . . . . . . . . . . . . . . . . . . . . . . . . 12, Does proposed construction violate any zoning taw, ordinance or regulation: . . . . , 13. Will lot be regraded ? S, -, PARTIAL , , . Will excess fill be removed from premises: yy s No 14. Name of Owner of premises . LOUIS, M. BACON. . . . . Address . 44 MAYO AVE.GRW 212-782-748✓� Phone No. Name of Architect . JAMES A. THOMPSON . • , , . , Address . 2 LAEAYE�P$ i;'r'(,ttW, 203-625=5303" ' " '' " . . . . . Phone No. Name of Contractor LOUI5 M. BACON . . . . Phone No 212-782=7488' ' ' . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . : . . . . 15. Is this property within 300 feet of a tidal wetland?' ' '*ye5, • „ • • „ No ^ PROHAT4�IS'141THIN' *If yes, Southold Town 'trustees Permit may be required. 300'' bF WETLAND .— PLOT DIAGRAM WORKSITE IS NOT Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. REFER TO ATTACHED EXHIBITS PREPARED BY JAMES A. THOMPSON ARCHITECTS, DATED 10/2/95: EXHIBIT A: . ROBINS ISLAND, PROPOSED PLAN, SCALE. 1:200 ,• EXHIBIT B: ROBINS ISLAND, PROPOSED PLAN STATE OF NEW YO K, COUNTY Ol7 .,5D. . FQ.�.K. . .S.S =.YA.M. C. A. . . .TH.01 J.t' sQ . , , . , being duly sworn, deposes and says that lie is the applicant (Name of individual signing contract) above named. le is the . . . . , A-PPL d .a`.t&r."T. . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this'application are true to the best of his knowledge and belief; and that the vork will be performed in the manner set forth in the application filed therewith. ;worn to before me this /� } t� . . . . . . . . . . . . . 1 .1. . . .. . .day oC. 1J.C: l .a .+l.�.�. . . . .. 19 40tary Public. . . . . . . . . . . . . . .0 Ft-Q -:.K . . . . County cam. : . . . . litISAN E.LONG Notary.Public.State of New York (Signature of applicant) No.01L04058343 Qualified In Suffcik Court ✓ Cantu esinn BMnlren Nmunmher 1RCG.y T LAND • \i _ jo MARKS RANDALL PARSONS A.I.C.F.&ASSOCIATES Land Use and Conservation Planning COVERSHEET TYPE: "Attachment B,"Additional Information to the Full Environmental Assessment Form and Attachment A, Part III (6 NYCRR, Part 617, Article 8 New York Environmental Conservation Law) PROJECT: Robins Island/Proposed Plan LOCATION: New Suffolk, New York LEAD AGENCY: Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 CONTACT: Gerald P. Goehringer, Chairman 516-765-1800 APPLICANT: Louis Moore Bacon ATTORNEY: Nixon, Hargrave, Devans & Doyle L.L.P. 990 Stewart Avenue Garden City, NY 11530 CONTACT: Kevin S. Law, Esq. 516-832-7540 PREPARER: Land Marks One Main Street P.O. Box 2337 East Hampton, NY 11937 CONTACT: Randall T. Parsons, A.I.C.P. 516-324-8716 ONE MAIN STREET • P.O.BOX 2337 • EAST HAMPTON,NEW YORK 11937• (516)324-8716 • FAX:(516)32917462 s • DATE: January 31, 1996 This document provides additional information to the Full Environmental Assessment Form and "Attachment A," previously submitted for the above referenced project. Copies are available for review at the office of the Southold Zoning Board of Appeals. 2 "ATTACHMENT B" PART III ROBINS ISLAND /PROPOSED PLAN A Full Environmental Assessment Form and Additional Information, identified as Attachment A and not attached hereto, was submitted to the Southold Zoning Board of Appeals in connection with variance applications for the above referenced project on November 8, 1995. As a result of that submission, the Zoning Board of Appeals directed Charles Voorhis and Associates (CVA), its Environmental and Planning Consultants, to review the applicants November 8 submissions and provide the Board with comments and a recommendation regarding a SEQRA determination of significance. The Zoning Board, accompanied by their consultants and members of the Town Board and Planning Board, also made a field inspection of the project site in December 1995. In response to the Zoning Board's request for comments on the applicants submission, CVA prepared an Environmental Assessment Form, Part II. The Part II prepared by CVA found that the project would not result in any potentially large impacts and that the small and moderate impacts anticipated can be " mitigated by project change." In a letter dated December 13, 1995 from CVA to Mr. Gerald P. Goehringer, Chairman of the Southold Zoning Board of Appeals, CVA requested more information to further evaluate the importance of the small and moderate impacts identified. This Attachment B to Part III of the Full EAF is additional information, clarifications and, in some cases, proposed revisions to the Proposed Plan, in response to the CVA letter: 1. EROSION AND STORMWATER CONTROL MEASURES It is proposed that any detailed plans and specifications for erosion control measures be submitted to the Town for approval prior to the issuance of building permits for the specific elements of the Proposed Plan. At the time that these detailed plans are prepared, applicant will include the use of the design and control techniques included in Attachment A, pp. 66-68 and 70- 72, as well those described in this Attachment B to avoid environmental 3 impacts from erosion generally, and in particular at the proposed boathouse, recreation building and family vacation home: • Construction site areas will be defined, delineated and fenced with snow fence to limit the area of disturbance. • Run-off and erosion along downslopes of construction site areas will be controlled with the use of silt fences such as hay bales, and by rapid revegetation of bare soils whenever feasible. • Stockpiling of excavated soils and subsoils will be confined to three areas which are already cleared: 1- southwest of the Boathouse (A.1) but not less than 200 feet landward of the edge of all wetlands; 2- within 250 feet south of the Workshop (C.4.1) and; 3- in the northern portion of the South Field. As an overall policy, applicant will only stockpile soils to the extent that they do not pose a threat to the natural resources of Robins Island. Any excess excavated soils will be exported off the island to the mainland. • Storm water run-off from structures will be collected for irrigation use or recharged on-site in subsurface dry wells. As described in Attachment A, page 18, all existing and new roads and parking areas will remain unpaved and be improved and maintained with permeable natural materials thereby reducing runoff. Any storm water run off from roads and parking areas will be recharged in surface retention areas on island, and, if necessary, where surface recharge will not adequately contain storm water, with the use of subsurface dry wells. For any drainage structures that are necessary at the time that detailed plans are prepared, applicant will design storage capacity for a 2" storm. 2. CONSTRUCTION SCHEDULE : Attachment A includes an inventory of the flora and fauna on the project site. Significant species and natural communities were also located by the Nature Conservancy and shown in Exhibit 20 to Attachment A, the Significant Species and Natural Communities map. As described in 4 Attachment A, the applicant has incorporated the flora and fauna information into the design of the Proposed Plan (See Page 73, Attachment A). CVA, in its December 13, 1995 letter requests that applicant discuss "the possibility of scheduling construction and excavation activities during certain times of the year to minimise disturbance to sensitive wildlife (i.e. ospreys, least terns, plover, etc)." According to representatives of The Nature Conservancy (hereafter TNC), the only location on Robins Island where the least tern and piping plover nested in 1995 was on the northern sand spit, where no activities or structures are proposed. TNC has indicated that the most suitable potential nesting habitat for plovers is located along the north peninsula with a secondary site at the south spit and recommended that the north spit be cordoned off by means of posted signs and `symbolic' string fencing during the nesting season April 15- July 1 of each year. This action would also encourage nesting by the least tern (NYS-Endangered), a species with which the plover often nests. The north and south spits can also be periodically surveyed during the nesting season to identify and monitor nests and to install predator exclosures over nests, where appropriate. The applicant is in agreement with TNC that these measures should be implemented. The closest area of activity and/or construction to the north spit is the existing Pier, Docks and Landing Craft Slip (A.1) and the proposed boat house (A.2). The implementation of the proposed plan is not expected to impact the existing or most suitable potential nesting habitat on the northern spit due to the existing and continued physical separation of the two activities. According to TNC, the potential nesting habitat on the south spit begins at the southern edge of the tree line. No structures or activities included in the Proposed Plan are located south of the tree line on the south spit. The southern gazebo (E) lies approximately 50 feet north of the southern edge of the tree line on the south spit. Although, no nests exist in proximity to this proposed gazebo at this time, if a least tern, piping plover or osprey nest is identified within 300 feet of the proposed location prior to the issuance of building permit, the applicant will schedule construction to avoid the April 15- July 1 nesting period. Six pairs of osprey nested on or adjacent to Robins Island in 1995 as shown in Exhibit 20, Attachment A. Five of these nests occurred on the island 5 itself, while one was located on a rock over 200 feet off the southwestern coast of the island. Based on recommendations from TNC, the applicant will protect and enhance nesting ospreys by establishing a three-hundred foot (300') buffer around each nest site. Prolonged disturbance within these buffer areas and site management activities will be avoided during the critical incubation and young-rearing stages ( April 15- July 1). Provision for evaluation and protection of new nesting attempts by osprey is to be planned on a case by case basis, as required. All proposed new construction and excavation included in the Proposed Plan is over 300 feet from the six identified osprey nests. There is pre-existing agricultural use of the North Field in the vicinity of a nest, west of northeast pond, but no new construction or excavation is proposed within three-hundred feet (300')of this nest. 3. GROUNDWATER MANAGEMENT: Applicants consultant , Leggette, Brashears and Graham (hereafter "LBG") has recommended and applicant has adopted a policy to limit groundwater extraction rates such that the existing upper and lower boundaries of the freshwater lens is maintained. In addition to the measures described in Attachment A, pages 68-72, the applicant is implementing the following groundwater management measures: • The applicant will adopt and implement a Hydrogeologic Monitoring Plan (hereafter "HMP"). A copy of a proposed HMP prepared by LBG ") is attached to illustrate the plan that is under consideration (See Exhibit 21 Attachment B, hereafter "HMP"). The HMP will provide for periodic water table elevation and groundwater quality monitoring. • Pumping locations, rates and duration is to be consistent with the overall policy of maintaining the upper and lower levels of the existing boundaries of the island's freshwater lens. Applicant will install, based on specifications provided by LBG, protection devices on each groundwater well which will specifically limit rate and duration of pumping, minimizing the potential for human error. 6 • In order to reduce the potential for introduction of inorganic and organic contaminants to groundwater , applicant proposes to limit the presence of these materials on the island. • The use and storage of road salt will be minimized. • Generally, applicant will minimize the presence and use of pesticides, herbicides, chemical fertilizers and other agricultural or landscaping chemicals. Any pesticides, herbicides, fertilizers and other agricultural, forestry and landscaping chemicals which are brought onto the island will be stored in compliance with all applicable laws and regulations including Article 12 of the Suffolk County Sanitary Code. 4. STORAGE OF HAZARDOUS MATERIALS: Applicant recognizes that the island's aquifer and surface waters, as well as the surrounding surface waters in the Peconic Estuary System must be protected from contamination by hazardous materials which are imported to, and used and stored on, Robins Island. As discussed above in paragraph 3, and in Pages 68-72 of Attachment A, applicant proposes to avoid the importation of non-essential hazardous materials and to minimize the risk of contamination posed by the delivery, use and storage of essential hazardous materials. Fuel for the island's generator's, heating systems, vehicles and other equipment will be stored in above ground tanks in the cellar of the east wing Agriculture/Maintenance Compound (C.4) as described on page 14 of Attachment A. It is estimated that the proposed petroleum products storage tank capacities in that building are capable of providing the island's fuel needs for a period of 3-6 months. In this way, applicant proposes to limit fuel deliveries, by tanker truck on a ferry, to not more than four per year during the warmer months when the bays are most easily navigated.. No facilities to store or provide fuel to boats on Robins Island are proposed. The applicant also proposes to store heating oil indoors, in above ground facilities with capacities of less than 1,100 gallons in the following buildings in the Proposed Plan: A.2 boathouse; B.1.2 Mechanical Services 7 Building (Lane Lodge); B.2.1 Mackay Cottage; C.1 Recreation Building; CA Agriculture/Maintenance Compound; C.4.1 Workshop; C.5 Gamekeeper/Equestrian Barn; C.6 Dog Kennels; C.7 Caretakers Cottage; C.8 windmill/Telecommunications/Water Storage; D.1 Family Vacation Home; DA Garage with Staff Quarters. Robins Island is considered a Water Supply Sensitive Area pursuant to the official map entitled Suffolk County Sanitary Code (hereafter the "Sanitary Code") Article 6 , Groundwater Management Zones, filed by Mary E. Hibberd, Commissioner. As such the island is subject to the provisions of Sanitary Code which apply to Water Supply Sensitive Areas. The applicant's Proposed Plan envisions only the storage of materials that are not intended for resale and are not industrial waste. The fuel to be stored is intended solely for on-site heating or intermittent stationary power production. And any non-exempt facilities for such storage will be in compliance with the requirements of Article 12 of the Suffolk County Sanitary Code. All storage facilities included in the applicant's Proposed Plan, except for the diesel fuel and unleaded gasoline tanks proposed for the cellar of the east wing of the Agriculture/Maintenance Compound, will likely fall under the exemptions from permit requirements contained in Article 7 and 12 of the Sanitary Code. Applicant will work with SCDHS to clarify the application of Article 12 to the various hazardous materials storage facilities included in the Proposed Plan and will comply with all applicable laws and regulations. In addition, all design, construction, fabrication and installation of hazardous materials storage facilities will meet or exceed all SCDHS standards. 5. BLUFF SETBACKS: In an effort to understand the Town's policy regarding bluff setbacks, the applicant and his agents researched the Southold Code: Section 100-239.4 which addresses setbacks from the bluffs on Long Island Sound, Fisher's Island Sound and Block Island Sound is silent 8 regarding bluff setbacks for property fronting on the Peconic Bays, including Robins Island. The yard setbacks established by the Southold Code in the R-400 district are not easily applied to Robins Island and do not adequately protect the bluffs. Since setbacks are measured from property lines, which in this case are the boundaries of the entire undivided island including the underwater lands which surround it, even if one were to establish a rear yard setback for the Family Vacation Home (100 feet in the R-400 district) and measured from mean high water, the yard setback would allow buildings to be located on or near the top of the existing bluff. Chapter 97, of the Southold Code requires that a permit be obtained for the construction of any building within 75 feet of the landward edge of a wetland. Seventy five feet landward of the edge of the tidal wetland (Great Peconic Bay) which is west of the proposed Family Vacation Home is a line approximately 25 feet landward of the top of the bluff. In 1991, Southold adopted Chapter 37 of the Southold Code, Coastal Erosion Hazard Areas, to assume local responsibility for the implementation of State Legislation (Article 34, NY Environmental Conservation Law). The purpose of Chapter 37 is to "establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and erosion and to protect natural protective features and other natural resources." The regulations in this chapter however, and in the State legislation that preceded it, do not apply to Robins Island nor to most of the Peconic Bay shoreline. These areas were excluded from the regulations as they are not considered to be areas subject to high wave energy, (generally defined as V- Zones on the FEMA maps) and the accompanying erosion and flooding . In the absence of any clear regulatory standard at the site of the proposed Family Vacation Home on Robins Island, it is desirable to develop an individualized determination for a reasonable setback from the top of the bluffs. The applicant intends to make a substantial investment in structures which will have extended useful lives and recognizes the importance of staying out of harms way. According to Eric Star in the Coastal Erosion office in Region I of the NY Department of Environmental Conservation at Stony Brook, and to, Jay 9 Tanski, a coastal erosion specialist at the New York Sea Grant office at the Marine Sciences Center at Stony Brook University, an approach which has been used by State and Federal regulators, is to multiply the annual rate of erosion times thirty (30) years, the expected useful life of a structure, to arrive at a setback from an eroding feature. Since there is no site specific information available on the recession rates on the western bluffs of Robins Island at present, it is necessary to extrapolate from other areas. If one conservatively assumes a rate of 1-2 feet per year, which is the average recession rate of bluffs along Southold's Long Island Sound shoreline (an area that is subject to much higher wave energy and rates of erosion and which is specifically regulated in Chapter 37 of Southold's Code), and multiplies this rate by thirty years, one arrives at a worst case setback of 60 feet from the top of bluff. In light of the discussion preceding, applicant proposes that, where a bluff exists as that term is currently defined in Chapter 37-6 of the Town Code, he will conform to a setback of not less than 100 feet between the receding edge of the bluff, and any building, as that term is currently defined in Chapter 100-13 of the Town Code. In order to further protect the bluffs, applicant has proposed to keep the area between the proposed structures and the bluffs substantially vegetated. A 25-50 foot buffer of native shrubs and grasses along the top of the bluff will be maintained at a height of not more than six feet. The natural contours of the land in this buffer area will be maintained, no clearing or grading is proposed. The area between the landward edge of the native vegetation buffer and the buildings will also be vegetated, although this area may be landscaped or maintained in lawn. This lawn area will be graded in such a way as to divert stormwater away from the bluff. All stormwater from the proposed structures will be recharged into subsurface leaching pools or retained for irrigation purposes. 6. SANITARY SYSTEM SETBACK FROM BLUFF: Sanitary systems for the Proposed Plan were designed by John J. Raynor, P.E. in November 1995 based on test hole information from October 10 1994 (see Exhibit 2 to Attachment B). Based on the Raynor research and design it is anticipated that the sanitary systems proposed in Area D (Family Area) will function normally. Map 5 of 5, Exhibit 2 to Attachment A, "Proposed Plan Area Enlargements", shows the proposed Family Area and its proposed septic fields, based on the Raynor recommendations. One septic field is proposed to service the Family Vacation Home (D.1) and a second will service the Pool Cabana (D.3) and the Garage with Staff Quarters (DA). Applicant's proposed location of the Family Vacation Home septic field northeast of the buildings conforms to the recommendations in CVA's December 13 letter. Applicant's proposed location of the septic field for Pool Cabana and Garage with Staff Quarters north and east of the Cabana also conforms to CVA's recommendations and will minimize potential for seepage of recharged wastewater through the bluff. 7. VISUAL Boathouse: The proposed boathouse is to be located at the northern shore of Robins Island, a disturbed area that has historically been and continues to be the location of various manmade structures. At present there is a dock, pier, and vehicle access ramp across the beach and an unimproved parking area near the proposed boathouse site. Five hundred feet to the south are four existing buildings which are also visible from the north, off of the island: Mackay Cottage, Lane Lodge, Ice House and Duck Inn. Due to the proposed location of the boathouse and the existing topography and vegetation on Robins Island, this new structure will be visible only from the waters and coastal communities more than 1/2 mile north of Robins Island. Concern about the visual impacts of this proposed structure is therefore limited to its impact on residents of the Island itself and on those persons who are able to see the boathouse from vantage points north of the island. It is important to note also that the proposed boathouse will be seen from the surface of the land to the north in the context of other existing buildings, the tops of the roofs of which will be higher than that of the 11 proposed boathouse as the topography on the island rises as it moves from the shoreline location of the boathouse south to the existing buildings. In fact, the grade elevation of the existing buildings is at least twenty feet above the grade elevation of the proposed boathouse. The boathouse will be designed to be visually appealing as it is the first building one will see approaching and disembarking at the island dock. The applicants Architect is designing an attractive shingle style building, with a hip and gable roof and natural exterior to be clad in cypress shingles. Sketches of the boathouse will be available for review by the Zoning Board and their consultant at the February 7 hearing on this matter. Based upon further evaluation of the functions proposed to take place in the boathouse by the applicant's Architect, it has been determined that the proposed height of the boathouse can be reduced from thirty five (35) feet to twenty nine feet, six inches (29' 6"). This reduction in the scale of the boathouse will promote its inclusion in the community of existing buildings on site and further minimise visual impacts from off-island. No landscaping or vegetative screening, other than what exists at the present time, is proposed for the area around the boathouse to avoid any interference with its function as a gateway for equipment, emergency vehicles, goods and passengers coming onto and leaving the island. In conclusion, the applicant finds that the boathouse, reduced in size as described in this Attachment B, will not result in any negative visual impacts and conversely, that the proposed boathouse will provide a new visual amenity. Family Vacation Home: As discussed in Attachment A, page 85, other than three small wooden beach gazebos at separate locations, the Family Area (Area D) includes the only new structures in the Proposed Plan which affect previously undisturbed coastline. The amount of undisturbed natural coastline which is affected is approximately two hundred (200) front feet, or .73% of the island's 5.15 miles of waterfront Due to the existing topography and existing and proposed vegetation in the Family Area (Area D), it is expected that only the Family Vacation Home 12 • i (D.1), and not the Pool (D.2), the Pool Cabana (D.3) and the Garage with Staff Quarters (DA), will be visible from off-island. Further, due to the location of the Family Vacation Home, setback over one hundred feet from the top of the island's fifty foot high southwest bluffs, there will be only a limited line of sight from Great Peconic Bay and coastal communities on the Southampton mainland, over 1/2 mile away. The Family Vacation Home, like the boathouse, will be designed to be an attractive shingle style building compatible with its historic surroundings with a hip and gable roof and a natural exterior clad in cypress shingles which will weather over time and blend in with its surroundings. A naturally vegetated buffer and a landscaped area will be maintained between the Family Vacation Home and the top of the bluff. This buffer/landscaped area, as described above, is expected to be maintained at approximately four to six feet in height and will include some shade trees. These shrubs and trees in this vegetated area will help soften the visual impacts of this new structure. Sketches of the Family Vacation Home will be available at the February 7 hearing before the Zoning Board of Appeals on this matter. NOISE: • Sea lu anes Most of the current seaplane operations (a landing or a take-off) at Robins Island, averaging six per week, during the nine warmer months of the year, have been generated by the applicant's Architect and other staff and consultants who are involved in the design and implementation of the Proposed Plan. Seaplanes operate only during daylight hours and when outdoor temperatures are above 34 degrees Fahrenheit. Seaplanes coming to Robins Island will land in Cutchogue Harbor and then taxi to the pier on the north end of the island where they will discharge passengers. The planes will then either be moored near the pier until passengers depart or leave immediately after discharging passengers. The duration of the noise impacts from a seaplane operation are expected to be approximately ten minutes. 13 It is estimated that this level of activity will be maintained during phases of construction. Upon completion of the construction included in the Proposed Plan, when seaplanes will be used primarily to bring the applicant and his guests to the island, the number of seaplane operations is expected to decrease to less than four per week during the period from April - December of each year. Finally, the aircraft applicant owns and uses for transportation to Robins Island are fitted with noise abatement equipment appropriate for use is sensitive urban airspace. These planes are more quiet than many of the private aircraft currently operating over Robins Island and New Suffolk. The time of day, frequency and duration of seaplane activity and the level of noise generated by that activity which is anticipated during and after the implementation of the Proposed Plan will not result in any significant, regular or sustained noise impacts. • Heliconters An eighty foot diameter ,lighted helipad (C.10) is proposed in the Farm Center, south of the Workshop (C.4.1) and the Agricultural Maintenance Compound (C.4). The principal purpose of the helipad is to accommodate helicopters which must land on the island in the event of a medical, police, fire or other emergency involving island visitors. The helipad is not proposed to handle ordinary transportation requirements, although the applicant and his guests will periodically travel to and from the island by helicopter. At most, the applicant expects to have forty helicopter operations per year. The helipad will not be visible from off-island as its location in the north central section is screened by forest vegetation on all sides. The location of and screening around the helipad will significantly reduce noise impacts on off-island residents. 14 • HUNTING AND SHOOTING ACTIVITES: As discussed on Page 53 of Attachment A, applicant holds a Class A , Shooting Preserve License from the New York State Department of Environmental Conservation (License Number SPA94-0060). The license provides for the release and hunting of domestic gamebirds, but does not affect other hunting activities. The license allows domestic gamebirds to be hunted during daylight hours from September 1 of each year, to March 31 of each year, except, pursuant to certain special exceptions, through April 15. Most of the shooting activity during this period will occur during weekend days. Other wild species are also hunted on Robins Island pursuant to all applicable State laws and regulations. Sporting clays and other target shooting will continue as well. The applicant is not applying for any additional permits or licenses from any agency to use the island for hunting activities. These activities are permitted, ongoing and, where required, are being conducted pursuant to State Licenses. Some new structures are included in the Proposed Plan, such as the sporting clay masts (C.3), which will facilitate ongoing shooting sports activities. Given the limitation on hunting and shooting activities, i.e. that they will be carried out during daylight hours, and on an island at least 1/2 mile from any off-island residences, it is not anticipated that there will be any significant increase in impacts from noise as a result of the Proposed Plan. 9. FIRE PROTECTION: The applicant's fire protection plans are also discussed in Attachment A to the Full EAF, previously submitted, on pages 54, 55, 78 and 79. On November 14, 1995, the Board of Fire Commissioners of the Cutchogue Fire District unanimously approved a motion to support the creation of a fire protection district for Robins Island . Discussions with the Cutchogue Fire District to work out the details of this relationship have been ongoing for the past year. A visit by the Commissioners to the island is planned for 15 March 1996. The applicant will also be involving the Town Board in these deliberations and will keep the Zoning Board aware of any new developments. 10. HELIPAD AND SEAPLANE LANDING AREA: The applicant is in the process of preparing plans for a helipad and a seaplane landing area and will submit a notification (Notice of Landing Area Proposal) to the Federal Aviation Administration ("FAA"),as required under 14 CFR Part 157, in order to obtain a "favorable airspace determination." Applicant will also comply with Section 249 of the New York State General Business Law and Title 6 of the New York Compilation of Rules and Regulations Part 75.2 regulating landing areas and helipads. As required by these state laws, the applicant must also request assistance from the Southold Town Board and the Town Board must ask the Commissioner of New York State Department of Transportation ("DOT") if the landing areas are in accordance with DOT standards. The Commissioner must find that there is no effect on public safety, buildings, facilities or highways and that air traffic volume will not affect safety of other airports in the vicinity. The DOT Commissioner may put reasonable conditions on the approval of design plans and may hold public hearings on the proposal. See also paragraph 9 above. 11. PARCELS ON THE MAINLAND: Applicant also owns two parcels on the mainland in New Suffolk. SCTM 1000-117-8-19 and 20. These two waterfront parcels are 35, 376 square feet and 21, 406 square feet respectively and are zoned Marine II. These parcels have served as a staging area for Robins Island for at least the last forty years and Louis Bacon intends to continue that use. It is expected that some improvements of these properties will be necessary and desirable in the future. The applicant looks forward to working with the Town and the New Suffolk Community in developing plans for these parcels, but no improvements of these lots are proposed at this time nor 16 are they included in the Proposed Plan which is before the Town for approval. The applicants acquisition of Robins Island and ongoing agricultural, forestry, hunting, conservation and permitted construction work have already increased levels of boat, motor vehicle and pedestrian activity on and in the vicinity of the two mainland parcels in New Suffolk. The approval and implementation of the Proposed Plan is not expected to increase these activities beyond their current levels. After the completion of the construction in the Proposed Plan, when the mainland parcels provide a staging area primarily to support the applicant's use of the island, the level of activity is expected to decrease. Impacts on the New Suffolk community as a result of the Proposed Plan, are therefore, not expected to substantially exceed current levels which have not in themselves resulted in any significant negative impacts. Current levels of activity will be limited in duration to the construction phases of the Proposed Plan, and are expected to diminish significantly at the end of the construction incorporated in the Proposed Plan. • Boats The applicant owns five (5) passenger boats: 2- 25 foot, gasoline, outboards; 1-25 foot, gasoline inboard/outboard; 1-20 foot, gasoline, outboard; 1-23 foot rigid bottom inflatable, gasoline, outboard. These vessels are operated on a rotating basis such that two or three are in service at any given time. The applicant also leases one 74 foot Navy surplus landing craft (LCM#8) used to transport vehicles and supplies back and forth from New Suffolk to Robins Island. All of the applicants vessels are moored on his property at floating docks in New Suffolk, at the island pier, or, occasionally at the commercial marinas nearby, such as New Suffolk Shipyard. All of the vessels are fueled only at mainland marinas, usually at Cutchogue Harbor Marina. Passenger boat trips to and from the island average about 15 round trips per day, with peak traffic from 7-9:00 a.m. and 3-5:00 17 p.m. The landing craft carries vehicles, supplies and materials on an as needed occasional basis. Solid Waste is taken off the island in covered containers on average once per month. A truck on the island picks up the garbage container, rides the landing craft to New Suffolk and deposits it on the applicants property there. The container is then picked up by a private carter and hauled away. • Motor Vehicles Motor vehicles carrying workers to the New Suffolk parcels who are commuting to the island are parked in two private parking lots, one on the applicant's property and another on an adjacent site which is leased from Henry Raynor. Occasionally trucks waiting to be ferried to the island by the landing craft stand on the street or on the applicant's property until they can be picked up. Motor vehicle commuter traffic peaks at the same hours as the passenger boats described above. 12. NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION: CVA has provided applicant with a copy of a December 5, 1995 letter from Kevin Kispert of the NYSDEC to the Southold Zoning Board of Appeals, in which Mr. Kispert questions whether a Long Island Well permit (6 NYCRR Part 602) is required for some of the wells, and, if a tidal wetlands permit (6 NYCRR Part 661) is required for the boathouse (A.2). Mr. Kispert states that "as of this writing, no applications have been received by DEC." Applicant understands that, although no fire wells are proposed, NYSDEC permits will be required to install and operate certain other wells which have a pumping capacity exceeding forty five gallons per minute. All individual water supply systems proposed for Robins Island will be designed, installed and operated in accordance with the standards of the New York State Department of Health as set forth in Appendix 5 (b) of the New York State Sanitary Code. 18 p Applicant has not submitted plans to the NYSDEC or the Southold Trustees for the boathouse (A.2). Pursuant to the Construction Schedule in Attachment A, p. 20, the applicant intends to commence construction of this structure in the year 1998. Regarding the necessity for a tidal wetlands permit from the NYSDEC for "the access way between the dock and the boat house," if the Proposed Plan is approved by the Town Zoning Board of Appeals, applicant will apply to the NYSDEC and either obtain a permit or a letter of non jurisdiction prior to the issuance of a building permit. The Southold Trustees have previously declined jurisdiction for this activity. 13. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES: See #4 above. 14. HEIGHT VARIANCES: Included in Exhibit 1 of the applicant's Variance Application dated November 7, 1995, is a discussion of reasons that variances are necessary for certain elements of the Proposed Plan. Following is additional discussion of the reasons for nine of the height variances included in CVA's December 13 letter. Since the two windmills and the sporting clay masts are exempt from height restrictions, they have been omitted from the following discussion: • Boathouse (A.2) - As discussed in Attachment A, page 10, the boathouse will provide for the control of property access, storage and protection of equipment and vehicles, and the comfort and safety of persons arriving and departing from the island. The intended specific uses of the boathouse include a high bay central space for passage of vehicles to the pier and short-term staging of materials and supplies in transit; small boat storage on trailers or dollies; marine equipment storage; covered parking for up to four vehicles (including one dedicated emergency response vehicle) a restroom; a sail loft; and a boat captain/security/first aid station. 19 In light of the unique access problems and isolated nature of Robins Island, and, in an effort to limit the number of buildings and effectively organize island functions, the applicant's Architect proposes to include all of the above uses in one structure. This requires that adequate space exist within the building while at the same time vehicles must be able to drive through as they pass on and off the island. In response to the Zoning Board's concerns and CVA letter of December 13, Applicant's Architect has carefully reviewed the design of the structure and the functions that it will serve, and has determined that, although a height variance will still be necessary, the amount the building will need to exceed the permissible 18 foot requirement can be reduced. Whereas the initial submission requested a variance to allow the boathouse to be built to a height of 35 feet, applicant hereby revises that request to be permitted to build the boathouse to a height of 29 feet, 6 inches, thereby reducing the proposed height by five and one half(5 1/2) feet and the proposed percent increase from 94% to 64%. • Garage (Lane. B.1.1) - In response to the Zoning Board's concern and CVA letter of December 13, applicant's Architect has reviewed the design of this structure and the functions it will serve and has determined that it can be redesigned to conform to the height limit of 18 feet. A height variance will no longer be necessary for this building. • Mechanical Building (13.1.2) - In response to the Zoning Board's concern and CVA letter of December 13, applicant's Architect has reviewed the design of this structure and the functions it will serve and has determined that it can be redesigned to conform to the height limit of 18 feet. A height variance will no longer be necessary for this building. • Garaize Mackay B.2.1) - In response to the Zoning Board's concern and CVA letter of December 13, applicant's Architect has reviewed the design of this structure and the functions it will serve and has determined that it can be redesigned to conform to the 20 height limit of 18 feet. A height variance will no longer be necessary for this building. • Agricultural Compound_(CA) - Applicant has relied on the Building Department's determination that this is an agricultural building and is therefore subject to a thirty five (35) foot height restriction. It confonns to the thirty five (35) foot limitation and therefore no variance is requested for this structure. • Recreation Building - Similar to the approach with the other structures on Robins Island, applicant's Architect proposes to create a facility which enables the applicant and guests to be self sufficient with regard to indoor recreational facilities and to include all related indoor sporting activities under one roof for the sake of effective organization and to avoid unnecessary disturbance of the island's natural areas with multiple structures. An indoor basketball court requires a minimum indoor ceiling height of 25 feet while the indoor ceiling height of an indoor tennis facility is 40 feet (the new East Hampton Indoor Tennis facility in Wainscott at East Hampton Airport has an interior ceiling height of forty feet). In order for the applicant's architect to concentrate the recreational facilities under one roof, provide enough height to accommodate the various uses and enclose them in an attractive building with a "gambrel roof barn form," clad in cypress shingles, it is necessary for the Recreation Building to be allowed to reach a height of forty five feet. At its location in the center of the island, it is not anticipated that this building will be visible from off-island. • Caretaker Cottage - Applicant proposes to have one year-round dwelling on the island to be inhabited by a caretaker and caretaker's family. A modest two story shingle style home with a hip and gable roof is proposed in the Farm Center. Although residential structures in the R-400 district are permitted to reach thirty five (35) feet in height, and if the applicant subdivided Robins Island, the proposed caretaker's house would conform to Southold's Zoning Code in all respects, due to the unique circumstances on, and the applicant's and the Town's desire to avoid subdivision of Robins Island, this structure is unnecessarily subjected to the height 21 restriction of eighteen (18) feet for accessory structures. This building as proposed will not be visible from off-island, is in keeping with the other structures and uses on the island and will help provide a satisfactory living environment for the caretaker and his or her family who will be living at a unique and relatively isolated location. There will be no detriment to the health, safety and welfare of the community if this variance is granted. • Family Home - The applicant proposes a family vacation home which exceeds the permitted height in the R-400 district by 10 feet. There are several reasons for this request: 1) Applicant seeks to place all of the accommodations for family and guests in Area D under one roof. This will help reduce the disturbance of the island's natural areas and scenic vistas that would be caused by multiple structures, but requires greater interior height; 2) Applicant seeks to maintain a setback of not less than 100 feet between the vacation home and the receding edge of the bluffs and to maintain a naturally vegetated buffer, which may reach a height of six feet and include shade trees, in this setback area. This is also the one location on the entire 435 acre island where applicant seeks to construct a new dwelling from which he can enjoy the spectacular setting of Robins Island. In order to accomplish the applicants and the Town's environmental goals, while allowing applicant to enjoy views from his proposed vacation home and otherwise reasonably use his property, it is necessary to elevate the height of the Family Vacation Home by ten feet, or 29%, above the permitted height of 35 feet. 3) Finally, applicant could conform to height regulations, enjoy the setting of his property and accomplish all of the other environmental goals if the family vacation home were designed with a flat roof. This is not an approach desirable to the applicant or the Town, however. Instead, applicant's Architect has designed hip and gable roofs for the family 22 vacation home and these roofs, as proposed, exceed the Code's height restriction. • Garage with Staff Quarters - With this structure, applicant again seeks to limit the number of structures which would impact upon the island's natural areas and scenic vistas by concentrating various compatible use beneath one roof. In this case, the entire first floor of this structure will be utilized as a garage and the second floor will accommodate vacation house staff periodically. In order to successfully combine these uses under one roof and allow applicant's architect to design a structure which is aesthetically consistent and compatible with the other structures on the island, i.e. hip and gable roof with cypress shingle exterior, a height of twenty five feet is deemed necessary. This building will not be visible off-island and will not impact on any other property owners or the character of the community. The unique circumstances on Robins Island and the applicant's and Town's shared desire to avoid subdivision of the island have resulted in this building being unnecessarily subjected to an eighteen (18) foot height restriction. 15. OTHER VARIANCES: In its letter of December 13, CVA requested that the applicant discuss whether certain additional variances may be required for the Proposed Plan. Applicant submitted the Proposed Plan to the Southold Building Department for approvals. On October 31, 1995 a Notice of Disapproval and on January 6, 1996, an Amended Notice of Disapproval was issued by the Southold Building Department informing the applicant of those activities requiring variances. Based on those Notices of Disapproval, no additional variances are needed. At the time the applicant submits actual permit applications to the Building Department, if additional variances are required, the applicant will either modify the activity or seek additional variances from the Board of Appeals. 23 16. MITIGATION MEASURES: With preparation of this Attachment B, Part III of the Full Environmental Assessment Form, applicant seeks to explain and to revise where appropriate, the design of the Proposed Plan so that significant environmental impacts are avoided. Those explanations and revisions to the design are incorporated throughout this narrative. The Proposed Plan was submitted by the applicant for approval without any reference to or reliance upon a conservation easement. 17. ALTERNATIVES: Applicant is entitled to apply to the Town for a residential subdivision of his property. It is estimated, based upon the calculation of Buildable Land made by the applicants Architect (309.3 acres), Robins Island could be divided into at least 30 single family residential building lots. If applicant were to subdivide the island, the Proposed Plan could be implemented with only the necessity of obtaining some of the height variances listed by the Building Department in the Notice of Disapproval. Robins Island however, presents a truly unique set of circumstances. With the possible exception of Gardiners Island, the natural resources on Robins Island are unequaled on Long Island. The history of public acquisition and preservation efforts reflect the popular and widespread concern regionally with the protection of the island's resources. Based on the applicant's personal conservation goals, and his discussions with public officials and private conservation organizations, a consensus was reached that the island's resources will be best protected, now and in the future, if the island continues to be held in single ownership. The Proposed Plan, as submitted, is therefore based on the premise that the applicant should attempt to accomplish his limited use and improvement of the island without subdividing it. If this approach is to be successful, however, variances from a strict interpretation of the Town Code are necessary. 24 18. COMMUNITY REACTION/ COMMENTS AND CORRESPONDENCE In addition to the comments included in the CVA letter to the Zoning Board of Appeals dated December 13, 1995, comments on the Proposed Plan have been submitted to the Southold Zoning Board of Appeals both in the form of testimony at the two public hearings held thus far (December 6, 1995 and January 10, 1996, and in the form of written correspondence. Letters from various environmental organizations, including The Nature Conservancy, the Group for the South Fork, and the Peconic Land Trust, supporting the Proposed Plan were submitted by the applicant to the Town on December 18, 1995. At the December 6, 1995 public hearing, Joseph McKay, the President of the New Suffolk Civic Association spoke in favor of the Proposed Plan, calling it "environmentally and aesthetically pleasing. "At the public hearing on January 10, 1996, a resident of the New Suffolk Community, Joseph Fenton, raised several concerns about the projects impacts. Following is a discussion of the issues Mr. Fenton raised: • UTILITIES - The speaker urged the applicant to consider utilizing power from the Long Island Lighting Company on Robins Island by installing cables underneath the Peconic Bay instead of generating electricity on the island. The speaker expressed a belief that this would reduce the potential for fuel spills from trucks carrying fuel that are occasionally ferried to an from the island. The speaker also expressed a belief that, if applicant bought electricity from the Long Island Lighting Company, that this might have a favorable impact on electric costs in the hamlet of New Suffolk. Contrary to the speakers suggestion, environmental risks inherent in on -island generation are minimal compared to the risks encountered by extending underground cable to Robins Island. Past experience on the ferries of eastern Long Island indicates that there are virtually no risks involved in the transportation of fuel carrying trucks to Robins Island, by licensed truckers, three to four 25 times per year during favorable weather conditions. Applicant is aware of no history of any fuel spills on eastern Long Island as a result of this practice. To the contrary, there is a wealth of evidence in the record that the installation, maintenance and repair of utility cables beneath the bottom of the bay would significantly disturb the bay bottom and the flora and fauna in the Peconic Estuary system. The ongoing installation of the Iroquois natural gas pipeline beneath Long Island Sound provides a good case study of the significant impacts on natural resources that can occur as a result of such an installation. Regarding the speaker's expectations, i.e. that purchase of LILCO power by the applicant for Robins Island would reduce electricity costs for him and other residents of New Suffolk, this appears to be only wishful thinking. Applicant is not aware of any legal means by which this type of private subsidy could be required. • LYM E DISEASE - The speaker also expressed concern that mainland residents might be infected by Lyme disease carried from Robins Island to New Suffolk. Since Lyme disease is not an infectious disease, but is only transmitted by the bite of a tick, discussion of the speaker's concerns can be limited to whether or not there will be an increased risk that off-island residents will be bitten by Lyme-infected ticks from Robins Island which are carried off of the island by hosts who are involved in the implementation of the Proposed Plan. Although deer ticks are known to exist on Robins Island, these ticks are also known to exist on the mainland. There is now and has been traffic between Robins Island and the mainland by potential hosts, both human and animal, for hundreds of years. Applicant is in the process of implementing a deer management plan that will ultimately result in a permanent deer population on Robins Island of only 10-15 individuals, thereby reducing one of the main hosts of the deer tick, and presumably the deer tick population. 26 Based on available information, there is nothing which suggests that the implementation of the Proposed Plan will increase mainland residents exposure to Lyme's disease. • PROPERTY TAXES - The speaker also expressed concerns about the impact of the Proposed Plan on the New Suffolk School District's tax rates. As discussed on pages 77-78 of Attachment A, the impacts of the Proposed Plan on the New Suffolk School District is expected to be positive. In fiscal year 1995 the applicant paid $93, 147 in property taxes for Robins Island to the County of Suffolk, the Town of Southold and the New Suffolk School and Library Districts. (This does not include taxes paid on the two mainland parcels). Of the amount paid in 1995, $42, 370 (46%) went to the New Suffolk School District. An additional $6,960 (79/o) went to the New Suffolk Library. Accordingly, almost $50,000 a year or over 53% of all taxes levied on Robins Island go toward the New Suffolk School and Library Districts. The applicant's Proposed Plan leaves the entire Island on the property tax rolls. Moreover, as the applicant is currently (and plans to remain) a Connecticut resident, where his children will continue going to school, he will not require any services from the school district. As the Proposed Plan calls for only one year-round dwelling unit (caretaker's cottage C.7) the potential increased demand from the Proposed Plan is extremely limited. If, in fact, any children do ever live on-site and attend the local school, the applicant represents that he will be responsible for transporting the children to the mainland where they can then walk the two short blocks to the local school. 19. SUMMARY OF ATTACFIMEENT B_ PART III FULL EAF Applicant seeks approvals for variances in order to implement the Proposed Plan as described in his Variance Application and Full 27 Environmental Assessment Form with Attachment A, previously submitted to the Town on November 8, 1995. The Town's consultant CVA, reviewed the applicant's submittals, prepared an EAF, Part II, which found that there were no potentially large impacts from the Proposed Plan. The Zoning Board of Appeals did, however, request that the applicant provide additional information regarding the potential small and moderate impacts of the project The Zoning Board referred applicant to a letter dated December 13, 1995 prepared by its consultant, CVA, in an effort to describe the additional information it was seeking. This Attachment B, Part III to the Full EAF for this project, as described above, contains the additional information requested by CVA. Attachment B provides the Zoning Board with additional information and also includes revision to the Proposed Plan to avoid or reduce the potential for small and moderate impacts. Applicant's submittals demonstrate his careful stewardship of Robins Island. The Proposed Plan, including the variances requested, is in harmony with the Town Code and Master Plan which seek to preserve large areas of open space and the rural character of the Town. As the island is being designed to be self sufficient, as it must be, there will be little or no increase in the demand for community services. 28 PROPOSED PLAN J ROBINS ISLAND FULL ENVIRONMENTAL ASSESSMENT FORM, PART III ATTACHMENT B is. COMMUNITY REACTION/COMMENTS AND CORRESPONDENCE (continued): + Helicot►tgrs/Hunting and Sightseem Applicant has no intention to provide or allow any sightseeing or bmting activities by helicopter on or around Robins Tsland Bacon will represent that no such activities will take place. EXHIBIT ONE TO ATTACHMENT B . 9 T .i q,l'J-iITE_T PA37 02 Ld UMBULL FAX NO. 2034 11 I EGGETTE, BRASHEARS & GRAHAM, INC. PROMSS10NAL GROUND-WATER AND ENVIRONMENTAL SERVICES IL 0 SLIY►ACK 176 MONRUE TURNPIK6 W.IONN SCIPLRT.7R. FRANK H.CRUM TRUMBULL Ct 06611 PRANK GETCHell. MICHAZI,R.aURKZ 205.652.5100 CHARLES W.%A[-M .R ROBRRT LAMONICA FAX a11-/SS•5111 IEPPRaY B.LIMOK WI:LXANI x BECKMAN -_ DAN C.BL7EA DAVID A.WILEY 1.KEVIN POWERS TERRANCI P.11RUNNAN IOHN HASO.M, .. 50 DAVIDM a W6511' w.7110MAS WBst 0.LLIAM POK CARY 0 NLTERICK W LLt]AM L OVYTUN DAVID&TEARY MARVINL KLUO Year's of I-r.cellence W11LI.LAM R.KLFMT THOMAS P.CUSACK January 3, 1996 FOHN M.SENVKdL1 KENNeM D.VOCAL ., Mr. James A. Thompson James A. Thompson, Architects Two Lafayette Court Greenwich, CT 06830 ° RE: Robins Island Hydrogeologic Monitoring Program Dear Mr. Thompson: As requested, Leggette, Brashews & Graham, Inc. (LBO) has developed A Hydrogeologic Monitoring Plan (HMP) for Robins Island. The HMP is designed to establish a database for characterization of the fresh water aquifer and wetland areas and evaluate the ground.water withdrawal potcrnial for potable and Don-potable uses. The HMP will be carried out principally by island staff who will systeulatically collect data from existing monitor wells, wetland well points and water-supply test wells. L.BG will participate in the HMP by making periodic field visits when necessary and compiling and interpreting the data, The specifics of the HMP for the fresh-water aquifer, surface water wetland areas and ground-water withdrawal from test wells are discussed below. The monitoring schedules for each area are presented in the attached tables. The proposed monitoring is to be undertaken for a period of one year to establish baseline data. Recommendations for a long-term program of periodic monitoring of production wells will be developed from analysis of the baseline data. HYDROGEOLOGIC MONITORING PLAN HMP for the Fresh-Water Aa °t er Monitoring activities will include water-level measurements and water-quality sampling In the 14 monitor wells (MW-1 through MW-14), the Mackay monitor well RAMSEY.NEW I101.1t.Y YI.PAUL MINNE%OTA YAMPA,MARIDA 510UK FALLS,SOVYH DAKOTA EKT0N,PRN46YLVANIA NASHUA.NEW HAMP*11HH WN°n)PLAINS NEW Yr,RK AUSTIN.TEXAS MADISON.WISCONSIH NOVSTON,TEXAS - Jan-11 -96 02 : 45P Thompson Architects 1 203 625 5303 P ,03 'Mr. James A. 'Thompson 2- January 3. 1996 (MACMW), the Cistern monitor well (CISMW) and any of the seven test wells (TW-1 through TW-7) which are not operating on the day of monitoring. Water level measurements will be made in each monitor well on a monthly basis using the calibrated electric tape purchased by Robins island. Each measurement will he referenced to the top of the well casing. Water samples will also be collected from each monitor well with a clean polyethylene bailer to be screened in the field for temperature, pH and conductivity using the Hydac Meter purchased by Robins Island. On an annual basis, wafer samples will be collected for laboratory analysis from each monitor well using the well punip purchased by Robins Island. Fach sample will he analyzed for pli. conductvity, tail dissAved wlids. nitrues and total uuhform. Additional parameters may be added to this list as deemed necessary. The water-level, field screening and laboratory data will be used to monitor seasonal and yearly fluctuations in the configuration and quality of the fresh-water aquifer and provide a database for refining the island water budget. HMP for the Weiland Argg} Monitoring activities witi include measurcnletll of ground-water levels and ground- water quality In well points and measurement of surface-water elevations and water quality in the existing wetland areas. Monitoring will he conducted .in Buck P0,nd, Breeder Pond, Button Bush, Clay Pits, South Pond and Northeast Pond. Water-level measurements will be made in the wetland area well points on i quarterly basis. Fach measurement will be referen-ced to the top of the well casing. Water samples will also be collected from each well point with a peristaltic pump to be screened in the field for temperature, PH and conductivity. Surface-water elevations will be monitored in the wetland areas on a weekly basis using staff'gages surveyed to feet above mean sea level. In addition, continuous, short-term monitoring of changes in the standing-water level in selected wetland areas will be conducted using the remote water-level recorder purchased by Robins Island. Surface-water samples will be collected from wetland areas on a weekly basis to be screened in the field for temperature, pH and conductivity and on a quarterly basis for laboratory analysis. Jan-11-96 02 :46P Thompson Architects 1 203 625 5303 P. 04 0 • 'Mr. James A. 'Ihompsuel ' January 3, 1990 The wetland monitoring data will be used characterize the nature of the surface water and ground water in each area. 'These data will also be used to insure that site activities are not adversely affecting wetland areas and provide information for pond restoration projects. tilV1Y Fyr 'Pest Weds and E;xistinQ F'roductign Wells Monitoring activities for operating test wells and existing production wells will include weekly measurement of nun-pumping and pumping water levels; daily recording of instantaneous flow rates, total flow, equipment gauge readings, time of operation and usage: daily collection of water samples to N screened in the field for temperature. pH and conductivity and monthly collection of water samples for laboratory analyses. Monitoring activities for non-operating test wells will include monthly measurement of water levels, quarterly collection of water samples to he screened in the field for temperature. pH and conductivity and annual collection of water samples for laboratory analyses: in accordance with the HMP for the fresh-water-aquifer. These data will he used to evaluate the performance of the test welts and existing production wells for future potable and/or non-potable water demands; safeguard the fresh- water aquifer from over-pumping; and insure that the individual water systems for operating test wells are properly maintained. l.oei_stics For Carrying Out the HMP LBG understands that Robins Island wishes to utilize site employees where possible to carry out the HMP. LBG agrees with this approach and recommends that LBG and Island staff conduct one complete round of monitoring together to review the protocol for data acquisition, recording, compilation and documentation. Following the initial monitoring round, Island staff would be responsible tot HMP activities on a regular basis, with 1,130 involvement during the quarteriy monitoring rounds. LBG will provide field-data entry sheets and computerized spreadsheets for each specific monitoring task. The field-data entry sheets will be used by both island and LBG staff whenever field data is acquired. The original data sheets will be filed in the Robins Island office. Field data will also be transt'erred to computerized spreadsheets by island e , Jan-11-95 02 :47P Thompson Architects 1 203 625 5303 P.05 Mr. James A. 'Ihutnpson -4- January 3, 1996 staff. LBG will prepare spreadsheets for data entry which are compatible to Robins Island computer applications, Copies of the field-data sheets and the computerized spreadsheets will he forwarded to LBG on a mtnithly basis for review and interpretation. In addition to the proposed HMP. LBO understands that Robins Island will soon be installing a weather station on the island. This information will be incorporated into the database for the HNIP. I.BG is prepared to begin the HMP as soon as Island activities will allow for two to three days of field monitoring. If you have any questions concerning this plan or require additional information, please contact me. Very truly yours, LEGGETTE, BRASHFARS & GRAHAM, INC. Rolm V. GoVd. 7r.- CPO Associate Reviewed bv: R. G. Slayback. (4POi President J R1G.Ski.! Enclosure cc. Mr, teak Gentry bacmon.wp/RUB . e Jan-11 -95 02 :48P Thompson Architects 1 203 525 5303 P .06 HYDROGEOLOGIC MONITORING PLAN ROBINS ISLAND SOUTHOLD, NEW YORK HMP For the Fresh-Water Aquifer ! 'x ,1LS13�i3{T-LSAR,�„f=�`fi ' Yy,,, sfifJJlPKKRAA1r WX'tx. `, r WsYTrB 1 ..,,,._F@.A'lkjt,.Ry 1` L9LANl? I YfW I, .__ MON IHLY �kioJ- tllY ANNUALLY_ ' r — Ii MLIN7]OR MW 2_._ 4ON1HfY MONTLILY :ANNICALLY (_ - WBLIS M11V-3 �. VI ON AL I M10NLHPY _.ANNUALLY ,J1 �I biN 4 .. 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LVJM Pom) i Ml(10) I QLARiLRL] _L QUARTERLY NA M4'10) QL ARIERLY QUART}RI.Y NA OP-I t14) QUARTERLY QLAXMRLY `A Y '` _Hit-4(111 fJl AR1EP11 WARTFRI _ LA7�_til_ARTkJU.I" N.4 ' f ' a 7 I v HYDROGEOLGOIG MONITORING PLAN c ROBINS ISLAND N SOUTHOLD, NEW YORK O 1) HMP For Test Wells and Existing Production Welts -I 7 0 aTrx,r�xTx _ — uDraroR)Nr------rz------TTF� i PUMA -� ,l.TFi;4S4!!lt�Y1�2'P , i .: F[q% 't}{ lY7S,V �ACPR SAA4PLi`.iG (= 0 SYSTL� � Tl�� 0 TW l WFEKLY(DSD) I WEEKLY(HSV) - D.AiLY (ASIr).1 1)IILY ,ASD) DAD.Y(aSD) i__MOh(HL) I-,_ I -ULY DAILY DAILY D.. - .... ry TW 2 I Xi Ft KLY(DSL) .. WEEKLY,&SL) DATLI (ASi) + DAILY(ASD) DAH.I(HStI) MONTILY CIAILY DAILY DAILY _ 7'W_) t WF.EKLY(76U) wFF;KLY t13SV) D.-UI.] (ASU) ; D VI.Y{.ASD} } DAILY{0.G�7 1 MOVTID,Y { D.VLY DAIt Y'_t DAILY I_ 1N4 IWTLKLY(tTS9)I WFd KL.I(HSh) '. D<VUY(ASU) ! DAILY t:ASD) I DAILY(BSD) 1 MONTHLYD9Hi_ DAILY r DAILY WFEKLY(vet,) D.VLY (1SL) D"!LY('kSD) ' DAILY(HS ) MO'77iL1 {. . DAH.Y DAILS' �...._._.DAILYD TW-5 WEFKLY(DST)1 W'EEKL.YIDSU) . VAill(AXVp DA]LY(ASD) i D.AUN(FSD) \1wamm DAILY DAILY _D1ULY �{ N: �!r---r 7 - WFIlKLY(PESO) W EFl:ik(&Vt ) ! DAILI (ASU) U V3.Y(� Y?if,SD) !�fOVIHr 1' DS Y.__.._1 DAILY DAILY �! C tVIFRh - rWEEKLY_(Ik4.)) WFF.KLY(HSi)I DAILY(ASL) ..1_ DAILY(ASDI 1 DULY1DSD1 I MONTHLY DUES DAILY D.AlA 1 .t-.' __. ..— _. � 9fAC KAY WFPAl](RCUL WF.CKLY (HSt)� -D.AH Y(ACt� ' ll>•1LY(A51)I � ilVLY rHSUI \4oNIHh]' DAitY' DAILY ) DA05 i �- 'SYA.F'FXrfE-YEi. _ Ef,�t.tn7-QR{h()I:iC '15� t$d 1!1`13P7H[F - " i ~ N =7Z'KiPIVYP NJR,fi>S$,k-T t -.17AYt 1Y7?.}t;, iCAT'CRS.dbtPItl 'SY9Y -:.s T.4MEAF *.F F a 9: • O Ir— »ERR,. riiTd iV'6 .'Iwo,*SIm"a,� ..$ATE £LDtk PJF1D R:R1-OR'L1� W n _ NA H ANT HIY NA ...�_ hA _ QUARTERLY AUNNUAL.JY NA VA. ..�. NA NA_- 1 MONT11IN NA NA � fj( ARI'EAS V ANNUALLY NA _ I CA NA N t— TV-3__ tiA _ S1OYEfT 1 i VA I NA (Zl AR1ER AYN1)AL15 `_. VA_..._—I.__ 1A A ..� DI _ i�l W.1 yA MONTHLY NA NA I OI'ARTTRI Y I ANNUALLY _ NA NA NA j W 1w 5 NA MONTHLY t VA r VA QUARTERLY , ANNUALLY I tiA NA t NA W TWb NA MONTHLY NA NA i OUARTERL.1 ANNUALLY t NA --i NA NA -4 _.. IV-7 NA AfONTIiL]' NA ! N.9. I VL1:lA It:Rt.Y { AVN{LAI1.Y ' NA NA - NA DSD- HKFOKESHLrTDOW-K HSU- BEFORE START UP ASD- AF7ERS7ARTUP VA NOT APPLICABLE O V EXHIBIT 2 TO ATTACHMENT B • Ro in's I_ s_ Issue PROPERTY OF LOUIS MOORE BACON SOUTHOLD, NEW YORK Sanitary Design November 21, 1995 Listed below are sanitary waste disposal system components proposed for Installation for the main buildings in this project. The results for test hole borings and computations showing the basis for the sanitary system design are also Included. The building sizes and uses have been supplied by the architect, and are referenced to the map entitled, "Robin's Island • Proposed Plan", dated, November 6, 1995, also prepared by the architect, t ao Areg "E"1: Sss Toat Hole No/• 1�1 ,. Recommended Sanl ary Sapt/c Tank: 4,500 gallons (12' d/amoterr by 7' height) ,i Leaching Pool: 1,700g.p.d. 1.5 . 1,133s,L +25 s.11v.1. a46V.t Use 4 pools, each e' diameter by 12 v.h Bemis for Sanitary�y�tem D cin Building Uses: S Bedroom Family Residence, Detached Garage and Staff quarters, Pool House. Main Building Size: 3rd Floor. 1,500 s.f. 2nd Floor. 5,000 s.f. tot Floor 7.r0 � f Total: 15,000 s.l. Note: A 1,500 V. basement is also associated Nith this b;dg, however, It has not been IBCfdrad/nto this sanitary system design. Sanitary Design Flow: 9 Bedrooms: 131 3 rooms 0 450 g.p,d. + 5 add'I rooms 6 250 g.p.d,. 1,700 9•p•d, 1,700 g.p•d. x 2 days flow=3,400 gallons. r , taft 'DUarters over Detainhed Garage /neap Area E 1 See Test Hole No. 8 Recommended Sanitary System Septic Tank., 1,200 gallons (8' diameter by 5' height) Leaching pool; 600g.p.d+ 1.5=200s.f. +25s.f./v.f. = 16v.f Use 2 pools, each 8' diameter by 8 y.L Basis for Sanitary SysteM Design, e Bldg, Area: 2nd Floor: 2,000 s.f. Sanitary Design Flow: 2 Family Equivalent= 600 g.p.d. 600 g.p.d.x 2 days flow: 1200 gallons. p001 F'IOUSe (Map Are�F°� See Test Hole No. 9� Recommended Sanitary System.- Use 900 gallon septic tank and 12 v.i. of 8' diameter sanitary leaching rings. Basis for SanitaryySYSIR + Design Bldg. Area: 1st Floor: 1,200 s.f. Sanitary Design Flow• 1 Family Equivalent= 450 g.p.d. 450 g.p.d. x 2 days flow=900 gallons. John J, y+ OI 'd 1116ZSPCOE 'ON XVd 1l(1841f 81 081 9C:5I NOW 96-8Z-Ndf a z i " N • CP � l1 1 PA _may so \ / � � � ' 1 J �\ / lJ/�� Z M iC9GY.Y 1NF Htt-tllE M>'•�r.LUOE-F➢VY tHL F.N]]r,E>_dl'i y 6Ac \�—__�--�. Q w...�r•ow,ro:moo:oc» r i 4� A a,v�v.-mcracc ' ♦ �j� �I 1 4 —..— '"°awwn av-ee..o eewunaroa Ja 36 o orwc n o ` \ ` s R03INS ISLAND SOUTHOI.D,_NEw PORK SAKrARY .AND POTABLE! SYSTEMS urovr _ \ \.\\\ v 1`• \ \, �, 1 j'��4,p\ \ / I ) `' C�m.wo�.EYC"2E Grr sEMCM Rr --.—.—_. ._._____.__ � f � •1 \. / � I it( LY. r mu mww. CD .t , I ra Yevree rmnoixe hrwnulL Cf Ode[i TEST HOLE'NO. 1 TEST HOLE NO. 2 TEST HOLE NO. 3 TEST HOLE NO. 4 TEST HOLE NO. '5 CLAY, 0' BROWN SAN0. D SOME -t S TOPSOIL _05 LOAM 0 TOPSOIL -0 Z SAND WHITE SAND DARK YELLOW 2. WHITE SAND, 2' SAND, SOME CD BROWN SOME STONES YELLOW YELLOW J SAND q• SAND GRAVEL _ 3 SAND, SOME YELLOW SAND, STONES g' WHITE SAND, - T• SOME GRAVEL � BROWN SAND, WHITE SAND, _ 6• 4' LIGHT Z SOME FEW STONES FEW STONES �. YELLOW BROWN SAND 4' BROWN SAND SAND WHITE SAND 9. g CLAY 1 GRAVEL w rn -10' WHRE SAND, -- 10' 9' -10' YELLOW YELLOW SAND FEW STONES BROWN SAND YELLOW SAND SAND & SOME - 12' & GRAVEL STONES WHITE SAND WHITE SANG -12' WHITE SAND, - 14' YELLOW SAND - IS WHITE SAND W '- (4 FEW STONES - 16' ---- -18• -18, 6VATER WHITE 8 GRAVEL YELLOW WHITE SAND, i SAND SAND, WHITE m SAND, -19' SOME SOME SAND SOME CLAY GRAVEL GRAVEL r. - 20' - 20' - 20• -20' -201 . TEST HOLE NO. 5-A TEST HOLE NO. 6 TEST HOLE NO- 7 TEST HOLE NO. 8 TEST HOLE NO. 9 SANDY0 TOPSOIL "_-LOAM - 0 SANDY 0 SANDY - 0 SANDY - 0' 0.5' TOPSOIL TOPSOIL TOPSOIL YELLOW - 0.5' DARK - 0.5' SANDY LOAN. YELLOW SAND SAND_ LOAM - 21 .� " SAND - 2, 2' .--_ 3' LOAM � X SANDY SANDY CLAY, ORANGE - 3' YELLOW CLAY SOME ROCK SAND Z 5' SAND A FINE SANG, 4 SANDY CLAY - 4 ORANGE SAND- 5 CD YELLOW SOME TRACE: CLAY FINE SAND. 5' LARGE GRAVED IV SAND 6 S. TRACE CLAY GRAVEL _ w -- ORANGE SAND 4 SOME _1 i' L E SAND - - 5' SOME CLAY GRAVEL WHITE SAND _ 0' FINE SAND, FINE SAND, - A. -- 12' WHITE SAND, 12 FINE SANG, MALL GRAVEL WHITE SAND, E CLAY - g. TRACE CLAY - t0, SOME STO:JES SOME STONES -13' FINE SAND, -- 14' -14, SANG - (q SANDY CLAY S2, SOME CLAY lyryRE SAND, LOAM SAND, f2SAND E CLAY FINE SAND, 14' SOME GRAVEL -1g' 1B LOAM 14 TRACE CLAY TRACE CLAY WHITE WWTE -14' COARSE SAND _ 14' SAND, 17' TRACE CLAY FINE SAND, SANG A SAND 1 COARSE -18' SOME GRAVEL FEW STONES FEW STONES SAND FINE SAND - (g• -.20' -20' - 20' �-20• COARSE SAND v -20' O '01 jonn 'J. pulyROT, P.F. ...$ .. p-r. . reen DeeANd G P.O-C..720 PREMED: NOVEMBER 16, 1995 FROM MMW k flgh ay +•.Nev YOM 11976 TEST HOLES DUG: OCTOBER 3 R 4, 1904 Nigoxl, Hargrave, Devans & Doyle r.z.P I , Attorneys and Counselors at Law X ONE KEYCORP PLAZA 990 STEWART AVENUE ., 437 MADISON AVENUE ALBANv,NEW ro6rc 12207 GARDEN CITY, NEW YORK 11530-4838 """�--lvew^raRx-aew-rorsK-loozz (518)427-2650 (516) 832-7500 (212)940-3000 1600 MAIN PLACE TOWER FAX: (516) 832-7555 CLINTON SQUARE BUFFALO,NEW YORK 14202 POST OFFICE BOX 1051 (716)653-8100 ROCHESTER, NEW YORK 14803 WRITER'S DIRECT DIAL NUMBER: (616)832-7540 (716)263-IOM CITYPLACE E-MAIL: kiaw@nhdd..m I85 ASYLUM STREET SUITE 700 HARTFORD,CONNECTICUT 06103 (�(�p August 27 1998 ONE HINGTO D.C.CIRCLE 2 0 (860)275-8820 g , Wp6HINGTON O.C.20005 (202)457-5300 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island Dear Linda: As required in the Board of Appeals ("Board") Findings of Fact and Determination, dated March 6, 1996, what follows is an annual status report of relevant construction activities that have taken place on Robins Island during the past year. I apologize for the delay in submitting this letter to you but, as you Will note below, it was a busy construction year. Area A-- Island Access Area No Action. Area B—Hunting Lodge Complex Area Mackay Cottage—renovations completed Duck Inn—renovations completed Lane Lodge—restoration project completed. Area C—Farm Center Barn/Squash Court-- completed Maintenance Building—construction ongoing. Estimated completion date, October 1998 Dog Kennels—construction ongoing. Estimated completion date, October 1998 Area D—Family Area No Action G142576.1 035521/000003 Nixon. Hargrave, Devans & Doyle up Zoning Board of Appeals August 27, 1998 Page 2 We do not anticipate any new construction commencing at this time (in fact we are actually beginning to wind down construction activities)and thus (without waiving our rights to construct them in the future), the boathouse, recreational building and vacation home are on hold. If the Board has any questions, please don't hesitate to contact me. Thank you. Sincerely yours, evin S. Law KSL:cm G142576.1 035521/000003 i STATE OF NEW Y0I4K DEPARTMENT OF STATE AI,BAWr, NY 12231.0001 ALxx^r4czx F, TRZAow"L SCCFBYAPIT of STATL , I In the Matter of the Petition of: DECISION Robins Island Preservation Corp. For a Variance to the New York State PETITION NO. 2W-9T 52 , Uniform Fire Prevention& Building Code Upon the application of Robins Island Preservation Corp., filed pursuant to 19 NYCRR 450 on February 24, 1097, and upon all other papers In this matter, the Department makes the following determination: NATURE OF GRIEVANCE AND REUEF SOUGHT The petition pertalns to alterations to an "sting three-story building of type Sb, wood frame A1, one-family dwelling and located on Robins Island, Town of Southold, County of Suffolk, State of Now York. The petitioner wishes to maintain an existing third floor In a building undergoing a substantial renovation. Relief Is requested from 9 NYCRR 705.2(b), which limits the height of buildings of type 5 construction to a maximum of two stories above a basement or collar of masonry construction. FINDINGS OF FACT 1. The subject building Is three•stodes and has a gross area of approximately 10,000 square feet. 2. Construction on the subject building commenced over seventy years ago. Framing, roofing, partitions, and windows were In place and plastering was underway on the third floor. The building was never completed or occupied due to the death of the owner. C*j printed on recycled paper QNV'I9I 9NIHOH L5: 00 (NOW Lh Lo 'Hd` Petition Nc.200-07-52 Page 2 3 The petitioner has undertaken a substantial renovation of the entire building and wishes to retain the use of the third floor for habitable space, as originally planned. The third floor space will have an area of approximately 2,000 square feet. Larger dormerawlll be constructed to provide adequate adequate light, ventilation. and code compliant egress windows. 4. The petitioner proposes to provide a fully enclosed, rear service stair from the ground floor to the third floor, In addition to the main, unandosed stair. S. The petitioner has agreed to Install sprinklers throughout the third floor and along the path of travel down the rear service stair to a servicaJmudroom exit door. The Installation shall be in accordance with 9 NYCRR 1060.4. S. The entire house will be equipped with an Integrated fire-and smoke-detecting system, with . central station monitoring. The Installation shall be in accordance with 9 NYCRR IosO.3. 7. The roof at the rear of the building has a shallow pitch, and curves down to an save height of approximately nine feet above grade. The roof could be easily accessed from the dormer agrees windows. This affords an additional level of protection in an emergency situation. 8. The local code enforcement official concurs with the printing of the relief. rwONCLUSIONS OF LA Strict compliance with the provisions of the Uniform Fire Prevention and Building Code would be unnecessary In light of the alternatives which are an enclosed second stairway, a sprinkler system installed on the third floor and along the path of travel down the rear service stair to the exit door, Interconnected fire-and smoke-detecting system with central station monitoring. These alternatives will ensure the achievement of the code's Intended objective. QNV19I 9NI90E 95�90 (NOW) L5 . LO 'INV Petition No. 200-97-52 Page 3 DETER MINATION WHEREFORE IT IS DETERMINED that the application for a variance from 9 NYCRR 705.2(b), to permit the construction of third floor habitable space In a building of type 5 construction, be and is hereby PROPOSED to be GRANTED with the following conditions: 1. That an enclosed second stair be provided to the third floor. 2. That a sprinkler system be Installed In the entire third floor and along the path of travel down an enclosed rear service stair to a saryice/mudroom,,in accordance with 9 NYCRR 1060.4, 3. That an Interconnected fire-and smoke-detecting system with central station monitoring, 1 Installed In accordance wlfh 9 NYCRR 1050.4, be provided throughout the entire dwelling. I This DECISION Is_Issued under 19 MRR 450.6. Unless objected to,bv the petition r in writing received by the dgoarlm� gnt. the r)g_cil&1 shall becorng! INAL. tptierfiftean days of mcsiot of the decision kLjbg.R1dLqs, This decision is limited to the specific building,and application before it, as contained within the petition, and should not be interpreted to give Implied approval of any general plans or specifications presented in support of this application. �• c G E. Clark,'Jr. Dire or, Codes Division ✓ DATE: EKJmo 818trmvmmn,mmm,nei-....e. b 'anv,r 4Ntl19 i 9N I8oH 85°80 (Nori) L5 LO 'Hdtl A Petition No. 200-97-82R The persons below are advised to TAKE NOTICE of the attached document. The attached document pertain& to a petition for calle(518)a474-4073oand askifmethe Variance Uanit. aPleasesreferA to the petition number in all related conversations or correspondence with us. /R08INB ISLAND PREBMWLTION CORD 1 C/O PETER TALTY PO HOZ 901 J NZW 6IIJrPOLX NY 11956 I GARY plan TOWN OP ®OQTROLD BLDO DBPT TOWN BALL SOY 1179 NAIN RD BOUTROLD NY 11971 l�\ v __.._ 0 . „�, RNVIST RNiROH fi4 R0 (NOWT Lfi Ln 'HAY MAR-31-97 MON 16:18 NIXON H RGRAW FAX NO 516832B37 Pr02 �o a � Nixon, Hargrave, llevans nyle r.LP " Attorneys and Commeolol's at Law ONE REYCORP PLAZA 990 STEWART AVtNVI;, f CLINTON 90YACE AL6ANYo NEW YORR ¢zov GARDEN. CITY NEW PORK IyI��¢30y .-057 OFF10M SO. .081 I518)a2>n.366O - Id: - 1 I rlhjnY Y`" N" I1 fsis);a32-RSOb L1 I�� r1 nA..'v ,r '� � 11"�O�N ESTER.NEW YORN u009 4718) E62-IO0. 1600 MAIN PLACE TOWER FAX.15101 68 2-�s'Sf5 ' BUFFALO.NEW fORW 1620E - SUITE 90e 1716) BO31-8100 "bNR THOMAS CIRCLE 'I wgRNINOTONr O.C.E000E a 7 MADISON AVENUE. - WRITEF'S DIRECT DIAL NUMBER: (510 832.7540 DICE)497-5500 NEW YONS..NEW YORK 100E2 ZLIa.o March31, 1997°, a �5.+.' 1.1 VIA TI;i,ECOPiFR AND REGA7L4lt ibIAII. (516) 765-1823 -- Board of Appeals Southold Town Hall „ 53095 Main Road �� � { $'u Southold, New York 11971 - p Ee � Attn: Linda Kowalski Re: Robins Island Dear Linda: I trust this letter folds you doing well. Pursuant to the Souihold.Board of Appeals ("hoar9311) Findings of ha :t any? Determination, date'd�IGIakW,614 1996 (Spec.idcally Paragraph (6)(4YJ)) what follows .is the status of-relevant 6onsttuc,tion activities that have takan place on l obins Island diirirg the past year and that are scheduled,to occur during the next yea,-. Althtyugh efforts to date (as well'as fqr the rea r ot'tlusYyear) are concentrated on the restoration and renovation of a fisting stiuctL6s,,as aikitssed"below, there have been some minor changes to Mr. osed Bacon's Prop Plan that we respectfully request the Board's clarification on and/or consent to, ' At,ea A - Island Access Area ® No action E';*'ea,8 -.:Iun_tin J�gg Ctxt�lex Area • Mackay Cc#Tage (B.2) is being repaired and restored (building permit in place), Ice Hocesl (B )) is rurentl utaderrenovauogr(permit'in,place); Lane Lo ge ;B.1) restorationFia'4dlcornple on;,rssscingduled,,ta,oegin s some x;me tkiis spring du,- As fcl Lane Lullrye we need a larikication`from the ihoak'd ,..flnronr submittals Ifo,the Board last year we ind tared Lane Lodge was,a 2 1/2-stiory.structtire, while it is in fact a 3 story structure. ' It is Mr. Bacon's intention to fully utilize all three stories.without increasing the a height of the existiraq structure. vie request that the'Board clarify its approval for V �? Lane Lodge and reflect the fact that the existing struotM is currently-3 stories. Also, we ad originally proposed to demoli sni the, Duck Inn, however, after a more thorough, structural ccoiaiisa 3 .`""t�Ftlt,i ktal ' ,;G,,r e� .�' Niss �it�l,:ii u. ...k.,wwWuFYkv4we:i4'wxcE,min.w,,..au r....�1..1u. _ MAR,31-97 MON 16: 18 NIXON JRGRA FAQ{ NO , 6 168 32=7 38 7t;,,, P. 03 ji ,� ,i fi Nixon.Hargrave, Devans & Do yle SLr Linda Kowalski March 31 1997 Page 2 , �Sr� C,ix c'iAT n Fib review, we are happy to report that the building tsigtit `sa�u� eAble and it�is noes Mr. Bacon's intention to restore the Duck Imm. Upon restofi'fig l lt'I , Mn Bacba intends to use it as periodic staff quarters containing sleeping quarters for one individual. (See ,a#: discussion below), Mr. Bacon has no intention to tncresce the heglit`of'tle•structure. Area C - F_arm Center • The size and scope of the''Agricut ,, "` iMatiite►artceC6iitpound (C.4) has been reduced and construction of only two saioaller uiattached wings is now envisioned (as opptised toatbe adramge concept originally planned to b0 at(aclier t the To ho i�C 44; T), + The general location of those situetu'r6s" sits ly molve l,thast bf the original location- ' �' 4 ` s'ev a-. •+ {d 4 • Expansion and renovation to the Gatri6keepers Barn (e 5j is nearly complete. itk� 44 ,• Ji � . L4.k)q �4 Pe 6� �'i3i.,a"'xlir, ;�>ci tin i'. If you recall, the Board apprayediAdormt)*�quarterit tng,accommodations IT with a shared kitchen facility for overnight stays4ogi**m'Igye s# `i rt i9tu aU Maintenance Compound. ,In light of the minor modification to this structure we now request the Board allow Mr. Bacon to reassign 3 of,Ehg 4 periodic ste4 mg gtiarters,in'tbiis structure and permit two (2) of the employees to periodically fstaSrrms $pR'ep rt� rp and permit one (1) individual to periodically stay in Duck nh f[his, aria non'wilPfisiitipiyibeia reassignment of the sleeping quarters alreadylapproyOd,jthet$oard, d2t"tll increase the aggregate amount of sleeping quarters. � f 4i: g %�. a add aFb tirr"�a liPi i iWOO4 V'FA I Area D - Family Area • : NO action. We trust the minor modifications discussed aboue_wpl�oo't,,present any.prgblems to. the Board and assume they will not trigger reopenib%io ft*egrtmgsil�el gpu% tuber 1995 to March 1996. Accordingly, we look forwardrt3` dergGbBt¢eidaesponse indicating its consent to the issues discussediabove aiiPlease�doneitiliesitateuto contact me if you have any questions. As always, Uianks fot ygttir,a941stanc�e,uti tbi after.� ;t y 1M r 'Y , k i ir'e 4 'fyP,/�Rt - TC ` KSL:cm ..,st s s„3[tt K,, 1Ji�xl4EP �n ,a,.aa§ cast: �uxwt� ta" .JaiIR;1 3rgr•1i79.4, #r;i '✓ sin.- Y.•r.b tu,el rATiid; l u �no if :s i .y`51��.ix.��2+�b�i�,ge�„�l�til'°eS 11{k4fhioay,$iJyu,'yy°h?r6a#till MAR.31-97 MON 16: 17 NIXON JARGRAVE FA} NO 5168327331 P. 01 Nixons Hargraves Devans & Doyle LLP P914iGE AND CONIriDENT ITY NOT.iCE Attorneys& Counselors at Law The information it thlsbfaX,is intended for the named 990 Stewart Avenue reotptents only' Ii may;oontam'piivtlegb and confidential Garden City, New York 11530-4838 matter'Tf you havd tecetved this f{uc'ut error, please notify 516 832-7500 us i>atrfiediate�ybyhacollet t' one call( ) e)��i (Sl6) 8324500 and retum.tlte original to the`°'sender b all. We will Fax. (516) 832-7555 reimburse you for pdstage Do not disclo a the contents to - FAX 9 �� 1 t► ,. To: Fax-#:; :Tele hone #: 1) Linda Kowalski (516) 785-flIB�31 sCtg'a 2) 4) d b f11 it' d I fi Cv,3 IrMak ti;�s�',C�7>a'. 5) :y to,{ INTERNATIONAL PHONE NUMBERS MUST INCLUDE 'OUNrfiY 8 CRY CO E k$4 O L I k PAGES FOR CO'oES NEEDED. rr, FBI C w ,r From: Kevin S. Law, Esq. Date: March 31, 1997 !f tin�IpdingEover'�h�er5 -" atfer. 35521-3 Comments: P 44 9 rrltwri; ;..<-. .. s., �. x.ju. 4 r=ll{,•t Kw+4sr r;(!n ahllj,i M"\ ' I ip, a±t ➢tW�iYlu.,7"ar, Y4w,.,j•(} r e IF YOU DO NOT RECEIVE ALL OF THESE PAGES PIllLEASE°CANT T�iE �A / OR AS SOON AS POSSIBLE AT. (516) 832-7500. THANK YOU. CONFIRMATION: DATE SENT TIMEBY ' 1 v c } , Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE NEWYORKCLINTON SQUARE wLB AN I ) 42 —265 a2 oo GARDEN CITY, NEW YORK I IS30-4838 POST OFFICE BOX I0SI tsw az>-zsso (((---��--�� (516) 832-7500 ROCHESTER, NEV/YORK I4603 I' I MAIN PLACE T 16) 832-)555 17I6) 263-1000 I D I p �^ ,..! BUFFALO, 1420ALOr NEW YORK 4202 I IL'C'1 V I'LeCJ.7/ 1 SUITE (>Ifi) 853-BI00 ONE TMOMRS CIRCLE WASHINGTON,D.C.2000E 437 MADISON AVENUE ")( 3(" _' £f l �1 (202) 467-5300 NEW YORK,NEW YORK 10022 ¢In 9e0-3000 L�VI' WRITER'SSDIR CTDIAL UMBER: May 1, 1996 VIA AIRBORNE EXPRESS Laury L. Dowd, Esq. Town Attorney Southold Town Hall 53095 Main Road Southold, New York 11971 RE: Robins Island Dear Laury: As requested by the Board of Appeals in its "Findings of Fact and Determination for Application Number 4354 - Louis Moore Bacon (Robins Island) " adopted on March 6, 1996 and filed with the Southold Town Clerk on March 8, 1996, enclosed please find a draft Declaration of Covenants and Restrictions that Mr. Bacon intends to execute and record with the Suffolk County Clerk' s office . Please advise if the wording of said Covenants and Restrictions meets with your approval . We would like to record by May 8 , 1996 . Thank you for your prompt attention to this request . Regards, ///yam vin S . Law KSL: cm Enc. CC : Linda Kowalski (via Airborne/with enc . ) GC01:38222 r (Draft) TRANSCRIPT OF PUBLIC HEARINGS WEDNESDAY, MARCH 6, 1996 SOUTHOLD TOWN BOARD OF APPEALS The Chairman read the application and legal notice for each new hearing. 7:33 p.m. Application #4353 (A & B) - ESTATE OF LORETTA SENKO, by Richard F. Lark, as attorney. The applicant has filed two applications based upon the December 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a;one-family on vacant land for the reason that lot nonconforming in lot size and has not been held in common ownership since July 1, 1983: Application A: An area variance is required under Section 100-25 (and 100-24) based upon a claim of practical difficulties in the event a waiver is not granted under Section 100-26. ' The subject lot is shown to be adjoining another lot in common ownership improved with a single family dwelling on a 15,857 sq. ft. (See proposed Set-Off map dated Nov. 13, 1995, amended Feb. 12, 1996. ) Subject parcels identified as County Tax Map Parcels No. 1000-104-4-10 and 11 Sterling Road, Nassau Farms, Cutchogue, NY. Application B: A waiver is requested under Section 100-26 for the lot as created by deed dated 2/21/58 at Liber 4432 page 170, and further deed dated 9/24/90 at Liber 11155 page 543, for parcel containing 20,297 sq. ft. in area and 100.0 ft along the south side of Sterling Road, at Nassau Farms, Cutchogue, identified as County Tax Map #1000-104-4-10. CHAIRMAN: In both A & B files I have survey dated November 13, 1995 by Roderick Van Tuyl pc indicating the house lot which is approximately 75 by 211 .88 and the lot which is the nature of this application also, which is lot #1 which is vacant, which is 20,297 sq. ft. or 100 by 193 variable. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark, how are you tonight? MR. RICHARD LARK: Fine. Chairman: So nice to see you, how are you? MR. RICHARD LARK: OK. My name is Richard Lark, Main Road, Cutchogue, NY. On behalf of the applicant. If I could I'd like to talk about the application fee which is the waiver application first. If the board grants that is won't be necessary to go onto the variance application. The reason also is that the land that this application falls squarely within the four criteria that are listed in the Zoning Ordinance for a waiver. Not to be redundant because the board I think has a complete picture in the variance application, application A as well as in application B , but I'd just like to cover a few of the basic facts not to reread the application or the request for the zoning. Page 2 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Thanks MR. RICHARD LARIf: Variance or the waiver, ok. The lot in question was purchased in 1958, that's exhibit 3 as a separate lot. When lot sizes under the zoning ordinance in the Town of Southold at that time were 12,500 square feet. Zoning hadn't gone into effect until 1957. This lot in question which were asking for set off or the waiver merger is 20,297 sq. ft. , and so at that time the title or merger was not an issue. In 1981 the lot size became an issue because the zoning changed to R40 or 40,000 square feet, and the lot size being an issue. The owner's Peter and Loretta Senko came to yours truly, to get a separate deed transferred which was done. You have that as exhibit 4 which was transferred to Peter Senko, and the main reason for that was to avoid a merger. However, in 1990 Peter Senko became extremely ill. At that time he was 76 years of age. I have his Son here tonight who will talk about that, having lived with his father at that time. Mr. Senko, the elder Mr. Senko became extremely worried and preoccupied with the notion that he was going to die. He wanted everything simplified for his wife. In fact, lie wanted to avoid all types of probate and everything, and in his confusing 14 days prior to his death, he had a family member who was a newly admitted Attorney fix up the deed which is exhibit 5, transferring the title back to him and his wife. Which of course at that time, automatically merged the property, and this transfer's what is being asked tonight in the application for a waiver. That the board in fact, wavered as far as zoning is concerned. On the original lot lines, that were separate lots prior to that time. I believe situations like these must have come up and then envision, come up before this board before, and been envisioned by the Town father's, when they adopted 100.26 of the zoning ordinance, to allow the waiver of this legal merger because as I said, the fact pattern of this property does fit squarely within the four listed criteria. 1 . There will be no significant increase in the density of the neighborhood. That's obvious what you have in the site plans there. There can be only one more house established on that lot. 2. To be granting of the waiver would recognize this lot whose size is consistent with the majority of the lots whose also going out into Bay avenue and if you will, Skunk Road in this neighborhood, for which the waiver is being requested. If the lot as I said before is 200,297 sq. ft. , and the board in visiting and looking at this, it's viewed on exhibit 6, can verify the undersized lots is the norm of the majority of lots in this particular neighborhood. 3. The granting of the waiver will avoid economic hardship to the heirs of Loretta Senko. It is obvious, due to the size of the lots in the neighborhood but the merging with this vacant lot with the improved parcel which the house is on will not add principally to it's value. The real estate broker you see, there is an contract of sale to sell the improved lot, and the real estate broker is here tonight also to testify that the vacant lot added to it, will not significantly improve the value. Exhibit 7 which is what would be proposed there, with the setbacks off the street. It shows the location of the proposed wells and cesspools and so on. It shows that a house can be built on this big parcel Page 35 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals DELIBERATIONS: LOUIS MOORE BACON (hearing held earlier tonight) . Robins Island. Commencement of discussion on reading of draft Conditions offered and prepared by Board Secretary (after her discussions with individual Board Members at different times) . SECRETARY L. KOWALSKI: Jerry, do you want me to mention what I've done first, or do you want to explain where we are? I don't mean to interrupt you. You go ahead. CHAIRMAN: No, you go ahead. I don't care, do it. SECRETARY LINDA KOWALSKI: (For the record) I just want to mention- that I gave all the Board Members eleven pages of a draft proposal for their consideratidn tonight, and there are some findings of fact regarding the history of the property, and there are also, three or four pages of conditions that would cover areas that would be of concern for visual, buffering and for height limitations, occupancy of the accessory buildings, temporary quarters for staff and security personnel. And I want to mention, in that draft on two pages there are two small errors. On page 7 of the Board Members' copies, go down to letter D where it says, to the greatest extent practicable, possible. The word "possible" should be "practicable." MEMBER VILLA: On what page is this? SECRETARY: Page 7, paragraph "d". CHAIRMAN: Practicable. I like that word. Ok, what else is there? SECRETARY: The other is on page 9, letter "d" - I'm just mentioning these for now and then we will talk about them. At letter "d", where it says, right after the underscore in that paragraph, where it says "status report" , after that. "If additional time is necessary to commence any portion of the project." CHAIRMAN: OIi. SECRETARY: I just would ask the board if_ they could talk about whether they are giving a time period to start the project. There is nothing mentioned in there. But we can talk about that later when we get to it. So just put a question mark there. CHAIRMAN: The time limit is, when all approvals are -- MEMBER TORTORA: "Starts to run from the time all permits are in hand." SECRETARY: No, I mean after that. MEMBER DINIZIO: The issuance of a building permit. MEMBER TORTORA: As per code. Page 36 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY: No, that not what I meant. I meant a time limit after they receive all agency approvals, in order to start construction. Suppose they get all agency approval, and five years later they still didn't do the "Plan?" CHAIRMAN: One year. SECRETARY LINDA KOWALSKI: OK, so you want to say, "start or commence it, one year after receiving all agency approvals." Ok? MEMBER DINIZIO: Let's discuss that. SECRETARY LINDA KOWALSIiI: OK, we'll talk about that. OK. Then down on "e" on the same page, page 9. MEMBER VILLA: What page are we on. SECRETARY LINDA KOWALSIiI: Page 9. CHAIRMAN: Page 9. SECRETARY LINDA KOWALSKI: When you go down to E, I crossed out, you'll see a wavy line that says licensed by the New York State, that should be left in. CHAIRMAN: OK. Leave in. SECRETARY LINDA KOWALSKI: Across a couple of lines up from that it says, "Town Code" - there should be a period after Town Code, and delete, "and licensed by the State of New York." I had it in there twice, and there is no reason to put it in there twice. So the rest is for you, Mr. Chairman. CIIAIRMAN: OK. Going back to that 9-d. What were you anticipating .Jim? What word, what period of time would you rather have? MEMBER DINIZIO: Well, I would just like to know, just what we're discussing. Are we saying to this person, go out and get all your approvals, and if some reason or another they don't do it. CIIAIRMAN: Yes MEMBER DINIZIO: I don't know, for whatever reason within a certain amount of time. Is that what we're saying. MEMBER. TORTORA: What we're saying after you get your approval, you have one year to commence construction. MEMBER. DINIZIO: OK, why are we saying one year? MEMBER TORTORA: It's the same clause that's in the code Jim. In other words, they could, that is renewable, isn't it. . .._. ......_. .. _ _ _.. .._..... . _ . Page 37 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSIiI: Well there is nothing in the code for variances, only for special exception. MEMBER DINIZIO: Right. MEMBER TORTORA: Well, we could make it renewable Jim. MEMBER DINIZIO: Well, I'm just wondering why we're doing that. What if the person takes two years to get financing. SECRETARY LINDA KOWALSKI: Well that's possible. CHAIRMAN: What would be the shortfall if we left it out? MEMBER DINIZIO: Well, that one I'm asking. MEMBER TORTORA: Then it's an open ended permit. SECRETARY LINDA KOWALSKI: Well, the variance -- MEMBER DINTZIO: Well I agree, I agree. It could be an open ended permit. CHAIRMAN: Well, normally we put three years in the variance proposal, ok. SECRETARY LINDA KOWALSKI: Yes CHAIRMAN: We normally put three years. That's the period of time that we normally put. SECRETARY LINDA KOWALSKI: In major projects we do. MEMBER DINIZIO: That's certainly better than one year. SECRETARY LINDA KOWALSKI: OK, so we want to say --. MEMBER TORTORA: Bob, what do you think? MEMBER VILLA: Well I think if this project requires three years for financing, it's in deep trouble. MEMBER DINIZIO: Well, I'm saying in total. We're not supposed to assume that. That's not our plan here. We're not supposed to say that this person can afford to do it, so go ahead and do it. You know, we're Hooking to be practical and certainly this plan I would want to see. I would want to see this Island tied to this plan forever, if that's it. Let's face it. This is the best plan that Southold is ever going to get, at this poing in time. MEMBER. VILLA: You're arguing it two ways because the person that we are trying to put a limitation on it. In the beginning we were saying we would give it a conditional approval. When they were saying that they wanted to get going very quickly. You know, we've been hastening this thing so that we can get their spade in the ground. So what's, what's the big problem. Page 34 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY: Then leave it out. So don't put anything in on a time limit. Trust what --- MEMBER TORTORA: Why don't we put, one year renewable. CHAIRMAN: There's really no reason to put anything in quite honestly. MEMBER VILLA: If we stick to the code. The code says one year. MEMBER DINIZIO: The code doesn't say one year. SECRETARY: As long as you receive a status letter every two years. MEMBER VILLA: Why was that changed. Why was that changed to two years? SECRETARY: It's a compromise I'm offering, because if you do every year. A building permit is good for two years. If you do it every year, you're asking for more updates than the Building Department would get, and more frequent updates. MEMBER VILLA: This is a different kind of a situation. All we're asking is a statics report, that's all SECRETARY: Variances are not permits though. If the project is commenced, and they're working under that permit, then there would be no reason to ask for a status report, because the status is on file with the Building Department for the inspections. MEMBER TORTORA. Do you have any objections to a status report (directed to Kevin Law who was in the audience during the whole session)? KEVIN LAW, ESQ. I think it would be preferable to do it every two years, because sometimes you know, a year goes by and you know.- Things sometimes take longer than you want, to get something done, and I think we could all sit here and think. Where did the last year go by. So, we figured two years would be more reasonable. We would have more things to report to you, every two years. MEMBER VILLA: By the same token though. If you're having a problem, it would be nice to know why you didn't do it. We're not --. IiEVIN LAW, ESQ: If your looking for a short written status report on an annual basis, I don't think that's objectionable. SECRETARY LINDA IiOWALSKI: On the proposed plan and buildings that are the subject of the variance. Just that portion of the plan. KEVIN LAW ESQ: It say's on here, subject to the variance. That would be reasonable, and to the extent that you were looking for some type of detail status report. I just thought would make more sense every two years. But to the extent that you're looking for a short brief report on an annual basis. I don't think that's an unreasonable request, and I think we'll go along with it. Page 39 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: OK CHAIRMAN: Two years, then. SECRETARY LINDA KOWALSKI: So we're going to say then --. MEMBER TORTORA: Every year. SECRETARY LINDA KOWALSKI: Every year. MEMBER DINIZIO That's, that's -- MEMBER. TORTORA: He has no objections. Why do you ask? SECRETARY LINDA KOWALSKI: I"11 say annually. MEMBER DINIZIO: Because I object to it. I object to the fact that we have to subject these people to a one year-- SECRETARY LINDA KOWALSKI: Every year. MEMBER DINIZIO: Number one, who is going to say how detailed it's going to be? Is this person supposed to come to us with something, and someone on the board is going to say, oh no, I want to know this, and he has to go and come back. MEMBER TORTORA: We're leaving that --. SECRETARY LINDA IiOWALSKI: How about a brief if we add the word brief in there then. Brief construction status. MEMBER DINIZIO: Would you define brief for me in the contents of Government? SECRETARY LINDA KOWALSIiI: What would you define brief as in the Law dictionary? MEMBER VILLA: Would you outline what you want every two years. How much detail do you want every two years? MEMBER DINIZIO: I want to approve it. I want this man to stand by the laws, and stand by the conditions, and if he doesn't, be brought up to whatever charges need to be brought to, and taken care of accordingly. According to the laws and rules of the Town of Southold. Not come to the Board of Appeals that has plenty of other things to do, and issue a report on the. status that the Town Building department is supposed to be taken care of. If it doesn't apply, if it doesn't apply to this variance, he's supposed to inforce that, not us. After this, after we've agreed to his concept, I don't see where we have to have any say in this. MEMBER VILLA: Why do we have things come back to us every year, accessary apartments and different things like that. We've granted those, and they have come back every year for a permit. Page 40 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: Serge, we need your comment on this. You're the only member left, and it will make a difference. Do you think it's necessary to have a letter every year, or every two years? CHAIRMAN: ( inaudible) MEMBER DOYEN: I think I would say, every two year. SECRETARY LINDA KOWALSKI: And Jerry you said? CHAIRMAN: I don't really care. SECRETARY LINDA KOWALSKI: Originally you said it should go out. So does that mean you want two years, as an alternative? CHAIRMAN: I'll go with two years. SECRETARY LINDA IiOWALSKI: Jim, would you go with two years. MEMBER DINIZIO: I won't hold the project up because of this. SECRETARY LINDA KOWALSKI: No, no. We agreed --. MEMBER DINIZIO: I'm not satisfied with this -- MEMBER VILLA: Nobody is holding the project up. SECRETARY LINDA KOWALSKI: Well, can we add that in. MEMBER VILLA: It's a simple status report. CHAIRMAN: OK, is there anything else Linda? SECRETARY LINDA KOWALSKI: Well actually, you mentioned that. There is nothing else that I have to say. Everything that's underlined was added by me, just has corrections after speaking with the Town Attorney, and my own doings. CHAIRMAN: Ok. Page 5, Ladies and Gentlemen. The Board determinations coudiiious. 1 . Height sizes, more existing proposed buildings. A2. Boathouse buildings, maximum height 29 feet 6 inches. Lane House maximum height 25 feet at 2 and one half story. C1 Recreational building, maximum 45 feet, height 2 story's. Caretaker's cottage 25 feet, maximum 2 story's. Family Vacation home limited 45 feet, height maximum 2 and one half story's. D. Garage Building with staff quarters, that's D4, height 25 feet, 2 story's. Subject to the following shall be permitted as unattached, and to be subordinate accessory to the principal building so far as described, and we're referring to those area's of the findings from page 6. SECRETARY LINDA KOWALSKI: On number 1 there on that page, page 6 where it. say's, " 1 , a, b, c, and d". Page 41 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Right SECRETARY LINDA KOWALSKI: Where it's kind of consolidated in one paragra.plz. See where I have it underlined, where it says, the garage with Staff quarters building. CHAIRMAN: Right SECRETARY LINDA KOWALSKI: With sleeping accomidations and allowable microwave cooking. CHAIRMAN: Yes SECRETARY LINDA KOWALSKI: Rather than a permanent kitchen facility. CHAIRMAN: Right SECRETARY LINDA KOWALSKI: For periodic, and it should say after that, Vacation house staff use. CHAIRMAN: Right, ok. SECRETARY LINDA KOWALSIiI: Ok, and cross out, up to the number of months per calander year because, Mr. Bacon doesn't know how frequently lee's going to be living in his Vacation home, whether it's three days or 365 days. CHAIRMAN: OK SECRETARY LINDA KOWALSKI: He only needs his vacation house staff there, when he's there. That's why we said periodic. CHAIRMAN: I offered the rest of the conditions as a part of the findings of this decision. If the decision is completed and we have it available, I will make it available to the press at 10 o'clock this Friday morning. So, you'll have plenty of time to put it in the paper, for the following week. MEMBER VILLA: Are we going to act on this tonight or what? CHAIRMAN: I'm going to act on this, right this second. SECRETARY LINDA KOWALSKI: Yes, let's continue. CHAIRMAN: I'm going to put it to bed. MEMBER VILLA: Well, you know --. CHAIRMAN: Go ahead. MEMBER. VILLA: We were furnished draft's, and we made changes, and made suggestions. This was handed to us tonight. I think,we should at least have the courtesy to reading it. Page -12 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Well, the findings of the decision are based upon what we put into the decision. We have maximized --. MEMBER VILLA: What do you mean when you say we? SECRETARY LINDA KOWALSKI: Well, my discussion. CHAIRMAN: Myself SECRETARY LINDA KOWALSKI: No, it's not Jerry. It's myself with each individual board member, and Bob you did see this previously. I drafted this over the last several weeks. MEMBER VILLA: I don't want to be a bad guy, but this is such a big project. We should at least have the courtesy of reading it before we act on it. CHAIRMAN: This is the 11 th draft, that we did. MEMBER. VILLA: Yes, and don't you think you should at least read it. CHAIRMAN: You can read it, we'll read it. SECRETARY LINDA IiOWALSKI: I thought that we could have had an appearance earlier tonight, so that we could read. But if we need another month to read it. CHAIRMAN: We're not going to need another month. SECRETARY LINDA KOWALSKI: Then we'll need another month to read it. CHAIRMAN: We're not going to need another month. We'll read it after the deliberation, and we'll vote on it in approximately an hour, so to speak, ok. SECRETARY LINDA KOWALSKI: OK. I just wanted to ask one question here. MEMBER TORTORA: Linda, just give ma a page on that. SECRETARY LINDA KOWALSKI: It's page 7E. CHAIRMAN: Go ahead MEMBER. TORTORA: Thank you CHAIRMAN: E ok. All right. Going back to Connors. SECRETARY LINDA KOWALSKI: I only ask that if you read and make changes oil your draft, if you would please give me your copies with your notes on them, and I will put them in the record, so that we can come up with a final draft again, rather than redoing it every day for the next two weeks. Page 43 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Right SECRETARY LINDA KOWALSKI: OK CHAIRMAN: OK MEMBER VILLA: That's my point. If there is going to be changes and everything. SECRETARY LINDA KOWALSKI: Well, we have five board members, and every time we talk, there's five different things to be caanged, and I'm asking you to please note it on your copy, because I can't do five a day, every time something is changed. It's impossible. I don't have a staff of 30 people. CHAIRMAN: We will go to page 6 on, on the conditionsof the colmination and deliberations tonight, and we'll go shot for shot. I don't care if we're here till 2. We'll finish it. SECRETARY LINDA IiOWALSKI: Alot of these changes were in there, that Bob, you asked for. I don't understand what need --. I don't understand it. CHAIRMAN: I don't want to be here ( )in the morning, but I'll do it. SECRETARY LINDA KOWALSKI: Well you don't understand Linda. I made suggestions and you went along with them. I've seen some things have been changed after --. SECRETARY LINDA KOWALSKI: Do you know why it was changed? Because some of it had to be changed because they were so unreasonable, and that's why we're talking about it Bob, and if we can't talk about it here at a meeting, then when do you want to talk about it, tomorrow. MEMBER VILLA: No, I'm not saying that. SECRETARY LINDA KOWALSKI: Let's talk about it now. MEMBER VILLA: Jerry was going along and was going to approve it, and I just felt, let's at least have a chance of reading it. SECRETARY LINDA KOWALSKI: But you did have time to read it. You know I was going to ba.ve it, when I talked to you yesterday. MEMBER VILLA: You gave it to me at 20 after 7. SECRETARY LINDA KOWALSKI: Jim came in twice today. Jim came in twice yesterday. Lydia came in twice yesterday. CHAIRMAN: We've had 11 redrafts on this. The decision is 11 pages long. Page. 44 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER VILLA: Three times today, you went into the room out there before and made changes, while we were in here. SECRETARY LINDA KOWALSKI: Ten written changes which were about ten words. **** seems to be an error or duplication above. Check CHAIRMAN: OK, could we please continue. These people have been here nine years. SECRETARY LINDA KOWALSKI: We're going to go on nine years with this project. CHAIRMAN: Nine years they have been here. I wanted to say on the record, and I hope you don't mind me saying it Mr. Connors. But when I saw you nine years ago, your hair wasn't gray, and I had alot more hair, ok. That's what I wanted to say on the record, but I didn't say it on the record, and I hope you don't mind me saying that to you. Mrs. Eileen Connors: He hasn't found the same nutritionist I have. Mr. Chris Connors: It's the hardest single thing I had to do in my life. It really is. CHAIRMAN: I'm sure, ok. Connor's up for deliberation. Anybody. Robin's Island (continued) Chairman: IA, B2 is the number of the cottage. The principal building, I'm sorry. Building as a extension of use shall be subordinate accessory to the principal building, with a living area and a single kitchen. BI. Lane cottage building as a extension of a subordinate, and accessory principal use for living area and single kitchen. C7. Caretaker's cottage building as an extension with use of subordinate accessory of principal building, and living area and single kitchen. D4. Garage staff quarter's building as an extension with subordinate accessory principal building, and with sleeping accommodations allowable, microwave cooking around the permanent kitchen facilities for periodic vacation house staff, and guest use. We are agreeing to the word," and guest use" . SECRETARY LINDA KOWALSIiI: Yes, which one. No, we can take guest out, if you want. CHAIRMAN: Guest use is out, good. OK, and so on as it's written. 2. Boathouse building shall be limited to an office lounge area for the security personal and staff etc, as stated there. 3. C4 Agricultural maintenance compound building use, shall be limited to periodic sleeping accomidation, and a single chaired kitchen facility for up to four persons. Agricultural staff in this compound only etc,.. as each stated there. Page d5 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals C. Future enlargement or expansion on non conformity containing those building, containing extended use for accessory buildings for habitable quarters, in addition to what was requested in this application, shall require written notification to the Zoning Board as stated there. D. To the greatest possible practicable, to the greatest extent practicable. MEMBER TORTORA: Practical, should be. SECRETARY LINDA KOWALSKI: Practicable is very simular to practical, it just --. CHAIRMAN: The present, presently existing natural vegetated 20 foot deep buffer, between the vacation home, and the top of the bluff, shall be replaced only if necessary. SECRETARY LINDA KOWALSKI: No, shall be maintained. CHAIRMAN: Excuse me. SECRETARY LINDA KOWAKSKI: and replaced. CHAIRMAN: Shall be maintained and replaced. MEMBER DINIZIO: OK CHAIRMAN: Oh yes, I see that. And replaced only if necessary, due to the Environmental conditions, unless otherwise determined by the Board of Appeals, at a future date. SECRETARY LINDA KOWALSKI: On that word determine --. CHAIRMAN: Who shall be -- MEMBER TORTORA: Linda, that's not clear. SECRETARY LINDA KOWALSKI: OK MEMBER TORTORA: In other words it's --. Do you mean that replaced only due to Environmental conditions? SECRETARY LINDA KOWALSIiI: Yes, if it's damaged by Environmental conditions, yes. MEMBERR TORTORA: Well let's say, and replaced only if it is damaged. SECRETARY LINDA KOWALSIiI: Only if it is damaged. Only if necessary, due to damage. MEMBER. TORTORA: Only if necesary if it is damaged because --. SECRETARY LINDA KOWALSKI: How about just putting in the word, damaged by Environmental conditions. Page 46 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER, TORTORA: Exactly. CHAIRMAN: Yes, ok. Wait a minute, if it is --. MEMBER TORTORA: Replace only if necessary due to damage --. CHAIRMAN: Damage SECRETARY LINDA KOWALSKI: By CHAIRMAN: By SECRETARY LINDA KOWALSKI: Environmental conditions. CIIAIRMAN: Good, ok. The rest is etc. ok. SECRETARY LINDA KOWALSKI: That word determined. CHAIRMAN: Oh yes, wait a minute. That word determined. SECRETARY LINDA IiOWALSIiI: I just want to clarify it for the record. That also means, any alternative that might be necessary, whether it's 20 years from now, or 200 years from now, you know. We may have alternatives based on the soil conditions. I don't know 200 years from now, what. the Island is going to look like. It may be under water I guess, you never know. But whatever alternative, if necessary that would include any changes, approvals, or waiver's. CIIAIRMAN: Right SECRETARY LINDA KOWAL�SIiI: OK MEMBER TORTORA: You're still referring to the bluff and the_ vegetated area. SECRETARY LINDA KOWALSKI: Yes, yes CHAIRMAN: OK SECRETARY LINDA KOWALSKI: The board may want a deeper buffer. There may be some circumstances involved. They may want a lesser buffer. It depends on the circumstances at that time in the future. MEMBER TORTORA: OIi CHAIRMAN: OK. E. The setback or the family vacation home shall be at 100 feet or more from the top of the present -- MEMBER TORTORA: At a minimum CHAIRMAN: Yes Page -17 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSIiI: That's what 100 feet or more is. It's a minimum. CHAIRMAN: Yes, that's a minimum. Under bluff area's. F. All building structure should meet or exceed Town reguirements, and regulations for setbacks for bluff's and beaches as required by appropriated Enviromental agency's Trustees, and DEC etc. G. All fencing for the tennis court shall not exceed a total height of 10 feet above grade, and I think we get down to. Unless a written request for -- what's the word. SECRETARY LINDA KOWALSKI: Well, Bob wanted occasional after dark use of the tennis court, and the rest of it there but, I was curious. What if the family were going to have maybe, a barbeque every Thursday, and they wanted to have a tennis match at night? Bob, did you want him to come back by letter for each night that they do it, or can they do several nights in one letter? MEMBER VILLA: Well, it's not supposed to be lighted permanently, right. So how are they going to do this? SECRETARY LINDA KOWALSKI: Well, the intent of it is, so that it doesn't disturb neighbors, and Robin's Island doesn't have neighbors. The tennis court is in the middle of the Island, so who is it going to disturb at night. That's why it's a little bit unique. CHAIRMAN: Leave the word occasional. That's fine. SECRETARY LINDA IiOWALSKI: Yes, but do you want to say every time. MEMBER DINIZIO: I think you've got to do something one way or the other. You're saying occasional for after dark use, and then you're saying, for events. CHAIRMAN: Unless a written request for after dark use of the tennis court in the future is requested--. SECRETARY LINDA KOWALSIiI: For certain events. CHAIRMAN: You have the word occasional, for after dark use. SECRETARY LINDA KOWALSKI: Just say, for after dark use. CHAIRMAN: Yes MEMBER. DINIZIO: My preference would be that they just come back, and ask for a waiver. CiIIARMAN: I'd leave the whole sentence out, the whole thing. SECRETARY LINDA KOWALSKI: Yes, but if they have five barbecues in a month, they got to come back five different times? Page 14 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER. DINIZIO: No, I'm saying that we should just take this out, and if they want to have lights on the tennis court -- SECRETARY LINDA KOWALSKI: OH, oh MEMBER DINIZIO Come in and prove that they need to have lights on here and prove that -- CHAIRMAN: That's what I said. SECRETARY LINDA KOWALSKI: Unless you get a variance, because they have unique circumstances. MEMBER DINIZIO Right CHAIRMAN: Right SECRETARY LINDA IiOWALSKI: I see what you're saying. MEMBER. TORTORA: So what are we doing? CHAIRMAN: Take out unless. Everything from unless on. MEMBER TORTORA: You mean that whole --. SECRETARY LINDA IiOWALSKI: The underscore. CHAIRMAN: The underscore. SECRETARY LINDA KOPWALSIiI: Is that what Jerry and Jim are offering. MEMBER DINIZIO: I just feel this is another thing where they have to come in. If someone across the way sees the lights on, there going to go out and check to see if this guy has a permit for that day. SECRETARY LINDA IiOWALSKI: Yes, yes. CHAIRMAN: OIi, H. SECRETARY LINDA KOWALSKI: Serge, Lydia, you're agreeable. MEMBER TORTORA: That's fine SECRETARY LINDA I{OWALSKI: OK MEMBER VILLA: How is this going to end it. MEMBER. D1NIZ.IO: They can come back later on. This is not going to end it. As of now, they can't have lights on the tennis court. MEMBER. VILLA: OK CHAIRMAN: I have no objection --. Page 49 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: But Bob was doing that, to try and make it possible that they could have night lighting, without filing a formal application. CHAIRMAN: Well, the way they can have night lighting is simply, take all the four wheel drive, and put it on the tennis court, and leave the engins running. SECRETARY LINDA KOWALSKI: And it's legal. CHAIRMAN: Let's drag a generator over, ok. MEMBER VILLA: Don't shoot the Deer. CHAIRMAN: Yes SECRETARY LINDA KOWALSKI: Would you prefer to have that in. MEMBER DINIZIO: No SECRETARY LINDA KOWALSIiI: Or leave it out. CHAIRMAN: Leave H in, it's fine. MEMBER TORTORA: On that H. SECRETARY LINDA KOWALSKI: H, yes. MEMBER TORTORA: Technically the family vacation home is the principal building. The principal use is residential, correct. CHAIRMAN: Correct, always. SECRETARY LINDA KOWALSKI: Yes MEMBER TORTORA: Right. It says the principal use. Vacation home is the principal use. SECRETARY LINDA IiOWALSKI: OK, we'll say residential after principal. MEMBER TORTORA: Is the principal building, and the principal use, residential? SECRETARY LINDA KOWALSKI: Yes. CHAIRMAN: So you have to put principal use. SECRETARY LINDA KOWALSKI: Principal residential building and use. CHAIRMAN: OK Principal residential and use, ok 5. Family Vacation home building as principal use, will be permitted to be constructed, a mean height of 45 feet. Page 50 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: 2 A is ok, the way it is and B . CIIAIRMAN: Yes, it's fine. SECRETARY LINDA KOWALSIiI: Anybody else have any comments on A, B or C. MEMBER TORTORA: This is the ( ) This is what was in there before. SECRETARY LINDA KOWALSKI: Yes, yes. These will stay the same. CHAIRMAN: Same conditions. MEMBER. TORTORA: Let's stop off, and take action when it's jurisdiction, it deems necessary. That deems necessary under the circumstances. SECRETARY LINDA KOWALSKI: Under the circumstances would mean, under the circumstances of the change. In other words, if the change is a minor change that does the angle of a wall of a building, changed by a few degrees or something. Suppose that instead of having a straight wall, they decided to have a bay protrusion of some type. The board would decide that it's not necessary to have a hearing on it, because it's not really changing their plan or their purview of the whole building. You know what I mean. MEMBER DOYEN: Yes. SECRETARY LINDA KOWALSKI: That's a minor change. Minor changes are up to the board, whether to have a Public Hearing or not. MEMBER TORTORA: I must say that, the Board of Review is to require a new Public Hearing, and take action under it's review, and take action under it's jurisdiction. SECRETARY LINDA KOWALSKI: As it deems necessary period. MEMBER TORTORA: That's pretty well written in the code right now, Linda. SECRETARY LINDA KOWALSKI: All right. We'll take the rest of that sentence out then. CIIAIRMAN: OK. Then we'll start with a new sentence. MEMBER DINIZIO: Other considerations. SECRETARY LINDA KOWALSKI: Nothing shall be. MEMBER TORTORA: Read all the way down to "parcel" MEMBER. DIN[ZIO: Other considerations which relate to the general --. Page 51 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER VILLA: From where ? SECRETARY LINDA KOWALSKI: Start with "Under the circumstances Bob, to parcel". Then you start again with the word "nothing". CHAIRMAN: OK. B . The owner must obtain applicable agency approvals including, to understand. SECRETARY LINDA KOWALSKI: We added Town Board there. CHAIRMAN: Yes, ok. ( ) How does that relate? MEMBER TORTORA: Town Board, yes. SECRETARY LINDA KOWALSKI: Town Board, I understand is going to move the Helipad, and I'm not sure if there is anything else. Is there anything else, besides the Helipad? OK CHAIRMAN: OK C. Approval is required by the Southold Planning Board and other, in the event that the property is demed proposed, for a subdivision. That's understandable. SECRETARY LINDA KOWALSKI: Paragraph C is. I put a notation there. I'll cross out my note there and --. CHAIRMAN: Good SECRETARY LINDA KOWALSIiI: All right. CHAIRMAN: So C is out, right. SECRETARY LINDA KOWALSKI: C is in. CHAIRMAN: C is in, ok. D. We agreed to that commence any portion of, we agreed to that. SECRETARY LINDA KOWALSKI: Well, OK. Commencing, that the time we have to talk about. Are we --. What did everybody decide to do on that pa.ragra,ph, because there was --. CHAIRMAN: In addition -- MEMBER. TORTORA: In view of the fact that I'm the only female on the board, you should let me have my way once, and give me an annual status report. It doesn't have to be anything lengthy but just let us know how it's coming along. I don't think that is an unreasonable request. We're not asking for --. CHAIRMAN: Kevin agreed to that when we asked him. So, I don't see any problem. Page 52 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold 'Town Board of Appeals MEMBER TORTORA: So, come on boys. MEMBER DINIZIO: No, I'm sorry. I choose to treat you equally Lydia, and respectfully. For I have to disagree. That the Zoning Board shouldn't be doing the Town's Building Department job MEMBER DOYEN: Only in this way. In a formal way. I think, if you ask them. Even if you write a letter for an annual report, because we're interested, because we're not the Agency that inforces this document after it passes. So therefore, we shouldn't ask them for something that we don't have any legal imput afterwards. I think it's very nice, and I'd like to know what happened. CHAIRMAN: So leave the whole sentence out. MEMBER VILLA: Can I ask a silly question? How did we get involved with shrubs in the buffer zone, if we don't have any involvment after we've approved this. CHAIRMAN: They have already agreed to let us go over each phase with the Building hispector, and review it. SECRETARY LINDA KOWALSKI: It's being repetitive really. MEMBER DINIZIO: We're perfectly intitled to review it any time we want. Go down to the Building Department and review it. CHAIRMAN: How do we know their pictures will be as nice as ours. MEMBER DINIZIO: I don't know. SECRETARY LINDA KOWALSKI: Serge has suggested, you leave it out. That whole sentence there. MEMBER DINIZIO: I do too. CHAIRMAN: Who needs it. SECRETARY LINDA KOWALSIiI: Jim, Jerry you too, all right. That's three votes. It goes out then. Your taking out that whole paragraph. CHAIRMAN: No, if additional time is necessary. SECRETARY LINDA KOWALSIiI: No, the first sentence Jerry, on D. Every year construction status plan, that whole sentence. CHAIRMAN: I thought we were on the bottom. SECRETARY LINDA KOWALSKI: No, we're on D. CHAIRMAN: All of D. Page 53 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA IiOWALSKI: That's what Serge is suggesting, and Jim is agreeing. Lydia is with Bob, so your the sway vote CHAIRMAN: Oh boy. MEMBER DINIZIO: Oh boy, decisions. That's why you can --. CHAIRMAN: Leave it in. SECRETARY LINDA KOWALSKI: What date do you want to use, Lydia? CHAIRMAN: Two years, leave it just the way it was. SECRETARY LINDA KOWALSKI: Lydia and Bob want every year. CHAIRMAN: Then change it to every year. I don't care. MEMBER. TOR.TORA: What a guy. MEMBER DINIZIO: You're a sexist. That's Jim Dinizio talking to Jerry. MEMBER TORTORA: At least somebody is on this board, Thank God. CHAIRMAN: This will cost you, big time Lydia. MEMBER TOR.TORA: OIi MEMBER DINIZIO: You can say that again. SECRETARY LINDA KOWALSKI: But the rest of that, ok --. CHAIRMAN: It all stays in there. SECRETARY LINDA KOWALSKI: If the additional time is necessary to commence any portion -- CHAIRMAN: Yes, I knew you were going to bring that --. SECRETARY LINDA IiOWALSKI: Within three years after receiving all agency approvals-- CHAIRMAN: It should be three years because that's what everybody--. SECRETARY LINDA KOWALSKI: Of the proposed plan. Does that stay in. CHAIRMAN: Yes. SECR.ETAR.Y LINDA KOWALSKI: Can I ask you --. CHAIRMAN: Commence portion of. Page 54 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA IiOWALSKI: Why is that going in? I'm just . curious because if --. CIIAIRMAN: I asked to have it pulled out. SECREATARY LINDA KOWALSKI: Oh, all right. CIIAIRMAN: I have a ( ) to have it in. Everything from "if additional time is necessary" I had taken all that out. SECRETARY LINDA KOWALSKI: OK, sorry. I had it here, so I'll cross it out. CHAIRMAN: Is that all. MEMBER TO'RTORA: So we're going to delete from "if additional time". SECRETARY LINDA KOWALSKI: Yes. CHAIRMAN: All the way out. MEMBER TORTORA: Agreed SECRETARY LINDA KOWALSKI: Because you'rd doing it every year, and there is not need --. CIIAIRMAN: OK, good. All of that is good. Now, lets go down to E. MEMBER DINIZIO: Wait a minute, wait a minute. I'd just like to make, maybe I know. I'm probably knit picking here. Maybe we could set some criteria as to what this report, that we're going to receive every year -- CHAIRMAN: One page report. SECRETARY LINDA KOWALSKI: How about a letter. MEMBER DINIZIO: OIi CHAIRMAN: A letter. MEMBER. DINIZIO: What is it going to contain. What are we --? What is it going to contain? CHAIRMAN: It is goping to say. We finished working on the Mackay house, and we commenced construction or reconstruction of the Lane house. MEMBER TORTORA: We hope to start such and such in five days. CHAIRMAN: That's all. SECRETARY LINDA KOWALSIiI: And there are no major place -- Page 55 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER TORTORA: Just a brief construction, a brief. Use the word brief, make you happy, Jim? MEMBER DINIZIO: Well, again I defer, I'll say. Define for me in Government terms, what brief means. We just sat here and watched a lady here go through 20 years of the Town telling her, that she had two separate lots, to the fact that she had to apply for $300.00 to get her ( )lot. CHAIRMAN: And she did it very briefly. MEMBER TORTORA: And she didn't care if she got it or not. SECRETARY LINDA KOWALSKI: Actually. MEMBER TO$TORA: I'm curious as to what this thing is going to look like. SECRETARY LINDA KOWALSKI: Actually, do you know what Jim is really saying, Lydia. How can it be brief when you're saying, of any changes. I mean, there could be a hundred fifty minor changes. MEMBER TORTORA: It an annual, it's an annual. SECRETARY LINDA KOWALSKI: Of immaterial things. Yes, but the thing is, it says any changes. CHAIRMAN: Look, if we don't like what it says, we can always write and say --. SECRETARY LINDA KOWALSKI: What kind of changes do you want in the letter. That is what I'm asking you. CHAIRMAN: Linda, you know that we run into changes all the time with --, and you just clearly stated one. We have a person, we make it a ten foot setback. We know ---. SECRETARY LINDA KOWALSKI: No, the ones that you don't want in there. Tell me one or two, that you don't want in there. That you're really not interested in, cause they are so minor and so immaterial that you don't want them in there. CHAIRMAN: I don't care what they say over there. SECRETARY LINDA KOWALSKI: What. MEMBER VILLA: You know, you're carrying on like a bunch of kids here. For goodness sake. A status report I would say. MEMBER TORTORA: That's all it is. MEMBER VILLA: You have an Attorney here, and he's going to address this thing, all of the items that we've gone along with. What is he asking Page 56 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals for. IIe's asked for six or seven different things. He's going to, say -Mackay cottage completed. SECRETARY LINDA KOWALSIiI: All right. I have an idea then. OK, good. See where it says in writting, put period. Right after "in writing" put period. MEMBER VILLA: That's what they are paid for. When we ask for a status report, that's what they are going to give us. MEMBER TORTORA: Fine, Linda. MEMBER VILLA: Holy mackerel. MEMBER TORTORA: We all understand. Let's move. SECRETARY LINDA IiOWALSKI: OK MEMBER DINIZIO: Well, I don't understand. SECRETARY LINDA KOWALSKI: Jim has a point, and I think it says too much. MEMBER DINIZIO: I really think that you guys are really just holding this to a higher standard that needs to be, and we have people in the Town that supposed to monitor the progress of this whole project. Just as they monitor every project that they do and they do a very good job of it lately, and I don't see why we should be subverting them. I'll put that in. I agree to it. I hold up to that. CHAIRMAN: Your not putting in there, about the Deer are you. MEMBER. DINIZIO: Well no, but I'm am going to say this. That, I think your holding to a different standard, then your holding other residence. SECRETARY LINDA KOWALSKI: Can I ask one question on D. There' s a bottom part of that, the last sentence. Jerry, you skipped over it. That's slaying in. CHAIRMAN: You could leave it there. SECRETARY LINDA KOWALSKI: No, the Board of Appeals and the representative, reserved the right to inquire as to the status. Does that go out? MEMBER TORTORA: We haven't gotten to that yet. CHAIRMAN: Yes, I actually skipped over it. I don't care if it's in there or not. SECRETARY LINDA KOWALSKI: Well, we just need. It either stays in or stays out. Page 57 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER. TORTORA: We all agree, we all agree. SECRETARY LINDA KOWALSKI: Leave it in , ok. MEMBER TORTORA: Yes CHAIRMAN: OK, E. The new family residence is referred to as a vacation house, shall be principal residential building, and not be leased or rented separately from any of the accessory buildings, unless otherwise agreed to by the Board of Appeals. The rest of it is --. MEMBER. TORTORA: ( ) formal. CHAIRMAN: We already did it, ok. F. SECRETARY LINDA KOWALSKI: F. Went out. CHAIRMAN: So we're renumbering. SECRETARY LINDA KOWALSKI: Yes MEMBER TORTORA: So G is F . SECRETARY LINDA hOWALSKI: G is the correct letter actually, yes. CHAIRMAN: Oh, G is correct. MEMBER TORTORA: Where's F. CHAIRMAN: What happened to F. SECRETARY LINDA KOWALSKI: I think I already --. MEMBER TORTORA: Oh E became --. I get it. CHAIRMAN: Oh, ok. You're moving everything up. SECRETARY LINDA KOWALSKI: Yes, yes. MEMBER TORTORA: The Board of Appeals becomes E etc. CHAIRMAN: In light of the historic use of the property, unique access issues of the Island and the desire to see Building Department restore the Lane house, ok. I don't have any problems with it. SECRETARY LINDA KOWALSKI: OK CHAIRMAN: lI may be for the new ( ) showing the accessary building. I have no problems with that. I. The existing( Jerry read to himself) . Anybody have any problem with I? MEMBER DINIZIO: Would that be after a hearing? When they come back and ask its, and say to us? Page 58 - Verbatim Transcripts Regular Meeting of March G, 1996 Southold Town Board of Appeals CHAIRMAN: Well, in the status report it would be indicated that they had chosen not to build a Vacation house so it would be an automatic reversion back to Mackay house. SECRETARY LINDA KOWALSKI: Unless the CBA determines otherwise. But he means, is a letter ok, or do we have to have an application. CHAIRMAN: I don't think we have to have an application. SECRETARY LINDA KOWALSKI: OK, and we'll say, designates by letter or otherwise. MEMBER TORTORA: Linda, when you think of that. If it does revert back, it is a change that may require Public Hearing. SECRETARY LINDA KOWALSKI: No really, because the code requires it to revert back. CHAIRMAN: Sure, it doesn't have to. SECRETARY LINDA KOWALSIiI: It's a code requirement so the ZBA designated otherwise. I'm not sure why that's in there. I'm trying to remember. I think there might have been another proposal maybe. Suppose the owner didn't want the Mackay cottage to be the principal building, and suppose another house. CHAIRMAN: Then he would have to. If he wanted to make the Lane house. MEMBER DINIZIO: Right CHAIRMAN: Which is the :nest assumed one. SECRETARY LINDA KOWALSIiI: Yes - CHAIRMAN: Because I mean, it's a much more palatial building. SECRETARY LINDA KOWALSKI: Would we need a public hearing for that, is what: Jim is asking. MEMBER. DINIZIO: No, no. I think I'm asking, unless the ZBA designates. SECRETARY LINDA KOWALSKI; Designates otherwise. MEMBER DINIZIO: I'm asking, how do we designate otherwise, if we don't have a hearing. SECRETARY LINDA KOWALSKI: Can we add in there, by letter or other --. MEMBER TOR.TORA: I don't think you can do it without a public hearing. MEMBER DINIZIO: I think ;you should just take it out. CHAIRMAN: Take what out? 1 � Page 59 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold 'Town Board of Appeals MEMBRR DINIZIO: Unless the ZBA designates otherwise. MEMBER DOYEN: There is another possibilty. MEMBER TORTORA: I don't think you could --. Jim, I think it could revert back to --. SECRETARY LINDA IiOWALSKI: How about if we put in there --. MEMBER TORTORA: I don't think that --. You cannot designate another building as a principal building without a Public Hearing. SECRETARY LINDA IiOWALSKI: I have an idea. How about "Unless the code provides otherwise". MEMBER TORTORA: What does that mean? SECRETARY LINDA KOWALSKI: That means that the Zoning Code says, if the Lane Lodge meets all the setbacks, and heights, and everything else, then that could be the principal building. MEMBER TORTORA: You can't do it without a Public Hearing. MEMBER. DINIZIO: No, yes you can. SECRETARY LINDA KOWALSKI: The code allows it. CHAIRMAN: The Building Inspector can do it without a Public Hearing. MEMBER DINIZIO: That's why I'm saying -- CHAIRMAN: They did determination, and the Mackay house was the principal house. MEMBER DINIZIO: That's why I'm saying. Why is the ZBA involved? MEMBER DOYEN: There's another possiblilty as long as we want to knit pick. Suppose he decides he wants another principal house, rather then the Mackay house. Never mind any other resistant structure. Suppose he doesn't want to do the one that's proposed here. Then what do he do. MEMBER DINIZIO: He applies for a. building permit, and gets denied or whatever. The ZBA gives a. determination and we go from there. MEMBER. DOYEN: OK, so then he automatically --. MEMBER. Villa: Let's keep it to our sites available, that he can build other houses on it. SECRETARY LINDA IiOWALSKI: No, he can't do it without changing the plau, and to change the plan he has to come back. MEMBER DOYEN: OK, so that's what I'm getting at, so. Page 60 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold 'Town Board of Appeals SECRETARY LINDA KOWALSKI: I assume --. MEMBER DOYEN: Are you just going to put that in too. SECRETARY LINDA KOWALSKI: They understand that if the plan changes, they have to come back. So let me just check that. MEMBER DOYEN: They understand it, but it's not written here. SECRETARY LINDA KOWALSKI; It is. It's written in another paragraphs. MEMBER DINIZIO: It is MEMBER DOYEN: OK, then I stand corrected. I was just thinking, suppose they want to change it. SECRETARY LINDA KOWALSKI: Exactly. MEMBER DOYEN: They'll say, well I want to put it somewhere else. SECRETARY LINDA KOWALSKI: You understand, you have to come back if the plans change anyway, right so --. Mr. Kevin Law: It's not a problem. CHAIRMAN: OK SECRETARY LINDA KOWALSKI: Are we going to take that out or just leave it there. CHAIRMAN: Just leave it. SECRETARY LINDA KOWALSKI: Just leave it, ok. - CHAIRMAN: J. Agricultural machines shall be permitted for agricultural additional housing equipment maintains: ( ) storage, dormintory quarters for buildings use for sleeping accommodations with shared kitchen for overnight stays for( ) . No problem. Recreational buildings, shall be an accessory building. OIi, no problem. Owner agreed to allow Building Inspector as authorized representative. No, that one. OK, it looks like we're coming down to home stretch here. M.- Zoning Board of Appeals conditions { ) inaudible. Who wants to make the motion. t MEMBER VILLA: I have one silly question? You're probably going to tell me it doesn't apply to us, or we don't have any control over it. But, in the hearing -- CHAIRMAN: Right. MEMBER. VILLA: Mr. Bacon agreed that he would never send any children to the school and that's not addressed anyplace. Should that be a condition? CHAIRMAN: It's not an issue that we have ever -- . Page 6.1 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: We would never, never agree to that. CHAIRMAN: We were not turned down for that. MEMBER VILLA: It was brought up at the hearing. CHAIRMAN: Right MEMBER VILLA: That the assurance was given. CHAIRMAN: Right SECRETARY LINDA KOWALSKI: Only if you're relying that, and I don't think your relying that. MEMBER DINIZIO: I don't think he said that. CHAIRMAN: It's a good point Bob, but it's not an issue that really within our purview. SECRETARY LINDA KOWALSIiI: It's not related to the variance. MEMBER DOYEN: I don't get it. So what, suppose he did want to send them, so what. MEMBER DINIZIO: He's paying taxes, he's intitled to. MEMBER TORTORA: Yes, to me that's an unreasonable condition. SECRETARY LINDA KOWALSKI: It's not germane to a height variance or occupancy variance. MEMBER DOYEN: Jerry, there's a question. - CHAIRMAN: Yes Jim MR.. JIM THOMPSON: I think with respect to Mr. Villa, there was testimony in the bearings about transport of people --. MEMBER DINIZIO: Right. CHAIRMAN: Right. MR.. JIM THOMPSON: To New Suffolk, and we did allege and testified that we would be willing to forgo any obligation on the part of the Town, to transfer children --. CHAIRMAN: Right. JIM THOMPSON: Or other people to the Island to the Mainland. CHAIRMAN: That is correct, and it was assummed that there is a possiblity that you may hire a Caretaken, that may have children. Page 62 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals JIM THOMPSON: We wouldn't want to forgo the right of those people --. CHAIRMAN: Right. MR. JIM THOMPSON: As members of the community to attend the school. CHAIRMAN: Right MEMBER DOYEN: Exactly. MR. JIM THOMPSON: But we more than certainly be willing to have recorded, the transport issue. CHAIRMAN: Sure MEMBER. VILLA: I think it might be good to have it there, because the school board is going to take you up on it. SECRETARY LINDA KOWALSKI: That's different MEMBER. TORTORA: That's different CHAIRMAN: The transports are different. MEMBER. TORTORA: No objection. MEMBER VILLA: -- item. Other than that, I don't have any problems. SECRETARY: Well, there is no objection. So where do you want to have it. CHAIRMAN: Let's put it at the end. "The owner has agreed," MEMBER TORTORA: "In the event that the applicant has children," CHAIRMAN: No, "The employees of the applicant have children" MEMBER TORTORA: The applicant or employees or anyone of the island has children. SECRETARY: No, I would say, "The owner agrees to provide transportation," CHAIRMAN: " . . .For any and all children of school age to the mainland." Ok. Who wants to make the motion? SECRETARY: " . . .At his own cost and expense." CHAIRMAN: Right. MEMBER. VILLA: I'll make the motion. How's that. CHAIRMAN: Holy - Page 63 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER. VILLA: I'll shock you out of your pants. MEMBER DINIZIO: Well Bob, I'll second it then. SECRETARY LINDA KOWALSKI: I think he was testing us tonight (jokingly) let us believe he wanted to go till the next meeting. CHAIRMAN: Did you want to ask something before we vote on it? ATTORNEY KEVIN LAW: Can I ask something about your discussion on Condition (d) on page 7? I was confused by what you agreed to. CHAIRMAN: Condition (d) (Chairman read outloud again) . SECRETARY: Letter (d) where it says, "To the greatest extent practicable, the word possible should be practicable." MEMBER. VILLA: What page is that? Page 61 - Verbatim Transcripts Regular Mc Ling of March 6, 1996 Southold Town Board of Appeals NOREEN, WE NEED TO CHECK TAPE STARTING ABOVE TO BE SURE THE REST IS IN RIGHT SPOT. It seems to be on Page 35 to (?) already, so I may have typed from wrong spot on the tape. CHAIRMAN: Practicable. (Everyone noted in on their draft copies. ) CHAIRMAN: Ok, what else? SECRETARY: Ok, on page 9. On (d) , I'll just mention it first and then we can talk about it. On letter (d) . Where it says - right after the underscore in that paragraph, where it says "status report." After that, "if additional time is necessary to commence any portion of the project, I just would ask the Board if they could talk about whether they are giving a time period to start the project. There's nothing mentioned in there but we can talk about that later when we get to it. So just put a question mark there. CHAIRMAN: The time limit is when all approvals are -- MEMBER TORTORA: It starts to run from the time all permits. . ." CHAIRMAN: Starts to run from the time all permits are in hand. SECRETARY: No, I mean after that. MEMBER DINIZIO: The issuance of a building permit. MEMBER TORTORA: As per code. SECRETARY: Well, no. That's not what I meant. I meant, a time limit after they receive all agency approvals in order to start construction. Suppose they get all agency approvals and five years later they still didn't do the "Plan." CHAIRMAN: One year. MEMBER TORTORA: Yes, one year. SECRETARY: Ok, so you want to say start or commence it one year after receiving all agency approvals. Ok. MEMBER DLNIZIO: Well let's discuss that a little. SECRETARY: Ok. Let's talk about that. Ok. Down on number (e) on the same page, page 9. When you go down to (e) , I crossed out - where you see a wavy line that says "licensed by the New York State. . .", that should be left in. CHAIRMAN: Ok. Leave in. SECRETARY: And across, a. couple of lines up from that it says, "Town Code." There should be a period after Town Code and delete "and licensed Page 65 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals by the State of New York." I had it in there twice and there's no reason to put it in twice. CHAIRMAN: Ok. SECRETARY: And so the rest is for you, Chairman. CHAIRMAN: Ok, going back to that 9-d. What are you anticipating, Jim (Dinizio) . What word, what period of time would you rather have? MEMBER DINIZIO: Well, I just would like to know just how, what we are actually discussing. Are we saying to this person, go out and get all your approvals and if for some reason or another they don't do it, I don't know, but for whatever reason within a certain amount of time, is that what we are saying? MEMBER TORTORA: No. We're saying after you get the approvals, you have one year to commence construction. MEMBER DINIZIO: Ok, now, why are we saying "one year?" MEMBER. TORTORA: It's the same clause as in the code. In other words, that could - it's renewable, isn't it Linda? CHAIRMAN AND MEMBER VILLA: Yes. SECRETARY: Well, there's nothing in the code for variances on a time limit, only for special exceptions. MEMBER DINIZIO: That's right. MEMBER TORTORA: We can make it renewable, Jim. MEMBER DINIZIO: I'm just wondering why we are doing that. What if the person takes two years to get financing? SECRETARY: Yes, you see, that is possible. CHAIRMAN: What would be the short fall if we left it out. MEMBER. DINIZIO: That's what I'm asking. MEMBER TORTORA: Then it's an open-ended permit. MEMBER. DINIZIO: I agreed. It could be an open-ended permit. CHAIRMAN: Normally we put three years in a variance proposal. That's the period that we normally put. SECRETARY: In major projects we do. CHAIRMAN: Yes. Page 66 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER DINIZIO: That's certainly better than one year. SECRETARY: Ok. So we want to say -- MEMBER TORTORA: Bob, what do you think? MEMBER VILLA: Well I think if this project requires three years for financing it's in deep trouble. MEMBER DINIZIO: At the same time on the same token, we're not supposed to assume that. That's not our plan here. We're not supposed to say if this person can afford to do it, so go ahead and do it. We're looking to be practical. And certainly this plan, I would want to see. I would want to see this Island tied to this plan forever if that's it. Let's face it. This is the. best plan that Southold is ever going to get at this point in lime. MEMBER VILLA: You are arguing it two ways because at first we're trying to put a lirnitation on it, in the beginning we were saying we would give it a conditional approval, and they were saying they wanted to get going very quickly, and you know, we've been hastening this thing so they can get their spade in the ground. So what's the big problem. SECRETARY: Then leave it out. Then don't put anything in it for a time limit. Trust their -- MEMBER. TORTORA: I would like to see one-year renewable. MEMBER DINIZIO: No, no. CHAIRMAN: There's really no reason to put anything in quite honestly. SECRETARY: No there isn't. MEMBER VILLA: If we stick to the code and the code says one year. MEMBER DINZIO: The code doesn't say one year. MEMBER VILLA: Well SECRETARY: As long as you receive a status letter every two years - MEMBER VILLA: Why was it changed from the two years -- SECRETARY: It's a compromise I'm offering because if you do it every year, a.tid a building permit: is good for two years, if you do it every year you are asking for more updates than the building department would get. More frequent updates. MEMBER VILLA: This is a different kind of a situation. All we're asking for is a status report. That's all SECRETARY: A variance is not a permit though. Page 67 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals MEMBER VILLA: It's not tied to a building plan. SECRETARY: If the project is commenced and they are working under that permit, then there would be no reason to ask for a status report because the status is on file with the building department for the inspections. MEMBER TORTORA TO KEVIN LAW: Do you have any objections to a yearly status report? KEVIN LAW, ESQ: I think it would be preferable to do it every two years because sometimes a year goes by and it's, you know, things sometimes take longer than you want, to get something done. And I think we could all sit here and think "where did the last year just go by." And so we figure two years would be more reasonable, we'd have more things to report to you every two years. MEMBER VILLA: By the same token though, if you're having a problem, it would be nice to know why you didn't do it. MR.. LAW: If you're looking for a short written status report on an annual basis, I don't think that's objectionable. SECRETARY: On the proposed 'Plan' and the buildings that are the subject of the variances. Just that portion of the 'Plan.' MR. LAW: Just those that are the subject of the variances. Yes. That would be reasonable. And to the extent that you're looking for some type of detailed status report, I just thought it would make more sense every two years. But to the extent that you're looking for just a short brief report on an annual basis, I don't think that's an unreasonable request, and I think he may go along with it. MEMBER TORTORA: Let's go for that. Good. CIIAIRMAN: Two years then? MEMBER DINIZIO: Yes. MEMBER TORTORA: "Every year." MEMBER DINIZIO: No, that's-- MEMBER. TORTORA: I3e has no objections. Why do you have objections? MEMBER DINIZIO: Because I object to it. I object to the fact that we have to subject these people to a one-year, every -- number one, who is going to say, how detailed it has to be. Is this person going to come to us with something, and someone on the board is going to say, "Oh, no, I want to I�uow this." And then he's going to have to go back and-- MEMBER TORTORA: We're leaving that to the-- Page 63 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY: How about adding the word "brief" in there, "brief construction status." MEMBER DINIZIO: Would you define brief for me in the context of government? SECRETARY: What would you define brief as in the "Law" dictionary? MEMBER VILLA: Would you outline what you want every two years, how many details do you want for every two years? MEMBER DINIZIO: I don't. I want to approve it, I want this man to stand by the laws, stand by the conditions, and if he doesn't, be brought up to whatever charges need to be brought up to, and taken care of accordingly, according to the laws, rules of the Town of Southold. Not come to the Board of Appeals that has plenty of other things to do, and issue a report on the status that the Town Building Department is supposed to be taking care of. If it doesn't apply, if it doesn't apply to this variance, he's supposed to enforce that. Not us. We have no-- After this, after we have agreed to his concept, I don't see where we have to have any say in this. MEMBER VILLA: Why do we have things back to us every year, Accessory Apartments and different things like that? We've granted those, they've come back to us every year for a permit. SECRETARY: Serge, we need your comments on this. You're the only member left and it will make a difference. Do you think it's necessary to have a letter every year, or every two years-- CHAIRMAN: A five-year plan. MEMBER DOYEN: I say it's reasonable every two years. SECRETARY: And Jerry you said how many years? CHAIRMAN: I don't really care. SECRETARY: Originally you said it should go out, so does that mean you want two years as an alternative? CHAIRMAN: I'll go with two years. SECRETARY: And, Jim, will you go with two years? MEMBER. DINIZIO: I won't hold the project up because of it, no, I'm not satisfied with two years. SECRETARY: No. No. Would you agree with -- MEMBER VILLA: Nobody is holding the project up. All we want is a simple status report. Page 69 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY: Can we add that in and go on to the next thing for now? CHAIRMAN: Ok, it there anything else, Linda? SECRETARY: Well, actually, you mentioned that. There's nothing else that I have to say. Everything that is underlined was added by me just as corrections, and just after speaking with the Town Attorney, and my own doings. So. CHAIRMAN: Page 5, ladies and gentlemen. "Board Determination and Conditions. No. 1. Height, sizes, " (Read draft into the read, continued to page 6. ) SECRETARY: On number 1 there on that page, page 6, Jerry, where it says 1a , b, c, and d, where it's kind of consolidated in the one paragraph? See where I have it underlined, where it says the "garage with staff quarters building with sleeping accommodations and allowable microwave cooking. . ." CHAIRMAN: Yes. SECRETARY: Rather than a "permanent kitchen facility" for periodic, and it: should say after that, "for vacation house staff" use. CHAIRMAN: Right. SECRETARY: And cross out "up to number of months per calendar year" because Mr. Bacon doesn't know how frequently he's going to be living in his vacation home, whether it's three days, or 365 days, and he only needs a vacation house staff there when he is there. So that's why we said "periodic." CHAIRMAN: Ok. I offered the rest of the conditions as a part of the findings of this decision. If the decision is completed and we have it available, I will make it available to the press at 10 o'clock on Friday morning, this Friday, so you'll have plenty of time to put it in the paper, you know, for the following week. MEMBER VILLA: Are we going to act on this tonight, or what? CHAIRMAN: I'm going to act on it right this second. MEMBER. VILLA: You know, we were furnished drafts, and we made changes and made suggestions, and it - this was handed to us tonight, I think we should at least have the courtesy of reading it. CHAIRMAN: Well, the findings of the decision are based upon what we put into the decision. We have maximized -- MEMBER VILLA: What do you mean when you say "we?" SECRETARY: Well, my discussions - gage 70 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals CHAIRMAN: Myself. SECRETARY: No, Jerry. It is myself with each individual board member, and Bob you did see this previously. MEMBER VILLA: Yes, I did! SECRETARY: We have been going over this the last several weeks. And I think that -- MEMBER VILLA: I don't mean to be the bad guy, but this is such a big project, we should at least have the courtesy of reading it before we act on it. CHAIRMAN: . This is the eleventh draft that we did. MEMBER VILLA: Yes. And it is draft, after draft. Don't you think we should at least read it? CHAIRMAN: We are. You can read it. SECRETARY: I thought we would have had an appearance earlier by Board Members who arrived after 7 so that we could read it together, but if we need another month to read it -- CHAIRMAN: We are not going to need another month. We will read it after the other deliberations and vote on it in approximately an hour, sort of speak, ok? SECRETARY: Ok. I just wanted to ask one question here. MEMBER TORTORA: Could you give me a page on that? SECRETARY: It's page 7, e. MEMBER TORTORA: Thank you. (Approximately an hour later, after going to another file for deliberations, this matter reconvened - Louis Bacon project. ) CHAIRMAN: Ok, Robins Island. SECRETARY: I only ask on your drafts if you please give me your copies with your notes on them, and I will put them in the record so that we can come up with another final draft again, rather than re-doing it every day for the next weeks. CHAIRMAN: Right, ML:MBI:R. VIVA: Well, that's my point. If there's going to be changes in there -- CHAIRMAN: There are no changes ('only minor changes) . f ' Page 71 - Verbatim Transcripts Regular Meeting of March 6, 1996 Southold Town Board of Appeals SECRETARY: There are five board members, and every time we have talked there's five different things to be changed. We are asking you to note it on your copy (now) because I can't do it five times a day, every time something is changed. It's impossible. We don't have a staff of 30 people. CHAIRMAN: We will go from page 6, on, under the conditions at the culmination of deliberations tonight, and we will go shot for shot. And I don't care if we are here until two a.m. , we will finish it. SECRETARY: A lot of these (minor) changes were in there, Bob, that you asked for. I don't understand what needs to be -- MEMBER VILLA: What you don't understand, Linda, is I made suggestions and you went along with them, and now I've seen some of the things that were changed after you and I had agreed to it. SECRETARY: You know what was changed? Some of it had to be changed because they were so unreasonable, and that's what we are talking about it, Bob. If we can't talk about it here in a meeting, then when do you want to talk about it? Tomorrow? Then let's talk about it now. MEMBER VILLA: Jerry was saying all along he was going to approve it. And I felt we should at least have a chance of reading. SECRETARY: But you did have time to read it. You knew that I was going to have this done because I talked to you yesterday. MEMBER VILLA: You gave it to me 7:20 p.m. (approximate time when members arrived) , SECRETARY: Jim came in twice today. CHAIRMAN: We have had 11 re-drafts on this. SECRETARY: Lydia came in twice yesterday. CIIAIR.MAN: The decision is 11 pages long. MEMBER VILLA: If I came in three times today, you went out in the room before and made a change while we were -- SECRETARY: By adjusting 10 words - minor words. CHAIRMAN: Ok, could we please continue. These people have been here uiue years (Connors) . SECRETARY: We're going to go on for nine years with this project (jokingly) . CHAIRMAN: I wanted to say on the record, and I hope you don't mind me saying it, Mr. Connors, but when I saw you nine years ago, your hair wasn't gray and I had a heck of a lot more hair. That's what I wanted to say off the record, and I hope you don't mind me saying that. Page 72 - Verbatim Transcripts 'y Regular Meeting of March 6, 1996 Southold Town Board of Appeals MR. CONNORS: This is the hardest single thing I have ever had to do in my whole life. CHAIRMAN: I am sure. Ok. I open Connors for deliberations. (Silence) Anybody? (to be continued when time permits. Remainder of discussions were not part of hearing, but continued as part of deliberation discussions amongst board members only. ) N� M ek The Above is a Draft Transcript - comments made at Regular Meeting and Public hearings, as recorded by machine. (Not proofread or finalized due to transition petween employees and extensive discussions, requiring hours of additional typing. ) many Draft Typed by Noreen Frey from tape recordings; continue to next meeting tapes which are also behind at this time. Page 30 - Transcript of Hearings Regular Meeting - February 7, 1996 u Southold Town Board of Appeals 8:45 p.m.-Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND) . This is an application based upon two Notices of Disapproval, the grounds for which read as follows: E. 1 Family Vacation Home, s/w portion of Robins Island will exceed principal building height limitation of 35 ft. as stated in the Bulk Schedule for the R-400 Zone. E.1 Family Vacation Home as a principal one-family use; Building C.7 Caretaker Cottage for year round use and occupancy and Buildings B.1 Lane Lodge, C4 (C4.1) Agricultural Compound, E.4 Garage with staff or guest quarters each as an accessory: One family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. All buildings which will contain living quarters as an accessory with an extension of the principal one-family dwelling use and/or which exceed 18 ft. ft. height limitations as an accessory are being considered for variances under Article 111, Section 100-33A. A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, B.2 MacKay Cottage, C.1 Recreational Building, (Farm center unit) E.4 Garage with staff quarters, B1.2 Mechanical Services Building and B2.1 Mackay Garage will exceed 18' height limitation as accessory buildings, Article 111, Section 100-33A. (Approvals required by the Zoning Board of Appeals before building permits may be granted. ) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; Parcel ID No. 1000-134-3-5 of 434+-acres. Chairman to Kevin Law, Attorney for the Applicant: We thank you and your staff, your architect and everyone for the great assemblage of the visual aids that we have here. I do need a motion to reconvene. All in favor, Aye. Mr. Kevin Law: Thank you very much. Kevin Law from Nixon, Hargrave, Devin & Doyle for Mr. Bacon. As the board knows, we were here for our first public hearing in the month of December, and we tried to use that meeting to introduce Mr. Bacon's plans for Robins Island to the board. We then went into the next hearing in January, where we tried to concentrate on the presentation of the dwelling unit issues, which is one of the more significant parts of our variance application. We then spent the later part of January addressing some of the concerns and comments with questions raised by both your Environmental Consultant who assists with the board in carrying out its SEQRA responsibilities, and from a member of the community, and we recently forwarded that response to the board and to your consultant. What we'd like to do here tonight, if it pleases the board, is to address the height variances and to discuss the reasons why we are requesting the height variances. What I'd like to do is just share some comments with you without those height variances to get some thoughts and comments, and then turn it over to Jim Page 31 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Thompson who's you know our architect, Mr. Bacon's architect for the plan, and he could go into a more specific description of those height variances, and using those visual aids that we brought here tonight, the model and the drawings. Chairman: It sounds perfect. Mr. Law: If it sounds okay to the board, I will commence my comments. Thank you. Again, part of what we did during the month of January was that Mr. Thompson went back and reviewed the design and the functions of the structures that Mr. Bacon is proposing, and we're happy to report to the board that we have significantly reduced the size of the boathouse as well as we've reduced the size of three of the garages that we're seeking variances on, to the extent that we brought them down to 18 feet. We've eliminated the need for variances on three of the garages. While we are still seeking a variances for the boathouse we have brought down the size significantly from 35, a proposed 35 foot height to 29.6 feet. What I'd like to do is inform the board as to what the function of some of the structures are that we're seeking, what the height variances are and some of the reasons why we're seeking the variances. The boathouse - those who have an application in front of you - we've identified it as 8.2 in area A, which we refer to as the Island access area, is basically designed for the control the property access. It is also going to, besides the boat storage functions of this building, it will also have room and space for the boat captain's first aid area and security. The boathouse will function and serve as access for equipment, goods and services as well as emergency vehicles. It is going to be designed to be visually appealing. It is, we would like to think that it represents a resurrection almost all other structures that were once on the Island. For .those who are familiar, and I know that the Southold Community is, and the New Suffolk Community is. Historically there were a number of structures right where we're proposing to build the boathouse, and especially the old brick Hill building was once there. Five hundred feet to the south the proposed location of the boathouse are four existing buildings which, the roof tops because of the topography, are actually going to be higher than the proposed height of the boathouse. Jim will get into that more as he goes into discussing it with the drawings. For those members of the board that were with us on the site inspection in December, if you recall the windy day that it was. We were standing right there near the boathouse, and we could barely hear ourselves talk to one another. I think that goes to show the need to have a secure structure there, and to provide the access for the Island, and also to provide for the comfort of those coming to and from the Island, as well as all the other reasons I just Page 32 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals shared with you. For the equipment goods and services and emergency vehicles. We do not believe that the boathouse will create any undesirable change to the community. We believe the design promotes seclusion with the existing buildings on the Island, and that we plan as required, we will comply with all the Town, and DEC, Wetland requirements and regulations and standards. More importantly, that we don't believe that this will have any detriment to the health, safety and welfare of the community. It will be consistent with a multiple-boat houses and similar structures throughout the waterfront communities on both Forks. Those are the reasons, and the reason why we need the height is again, because it's going to be the primary structure where goods and services and vehicles, bringing those goods and services to the Island will be corning off the dock and on to. Some of these utilities, fuel trucks and emergency vehicles will need height as well. So, we think there is a need for the size we're proposing. Feel free to interrupt me, not interrupt me, but ask me questions if it pleases the board, I'll just go right into again, the description of the buildings we are seeking variances on, and if you want to save your questions till the end, I'll accommodate the board. Chairman: While you're talking about the boathouse again. The access is directly from the dock to the boathouse but there will be an alternate access around the boathouse for emergency vehicles. Is that correct? Mr. Law: Yes that is correct. Chairman: That was my concern. Ok. Mr. Law: The next building that we're seeking height variances, a height variance for, is the recreation building. Again, on your records, I hope you've identified it as Cl, C being the farm center area, and the recreational building we're proposing of 45 feet high. We think that the building will address the recreational needs of the applicants guests and family. As I stated out in December meeting, there are no parks or playgrounds over on Robins Island, and having an indoor recreational facility which will also prevent children. As you know, Mr. Bacon has four of them. From planning in environmental sensitive areas, what we're trying to do with the structure is to keep all related indoor recreational activities under one roof, for the sake of effective organization as well as to prevent multiple structures from impacting the environment. We believe the 'building is nestled far enough inland, not to be seen, lower than the tree lines, and the proposed design is going to be an attractive gambrel farm style roof to be consistent Page 33 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals with the farm center that going to be located in with the other Agricultural building in that area. Again, like the boathouse we don't believe this will have any undesirable change to the Community, and it would have no detriment to the health, safety and welfare to the community to grant this variance. Just one other point with this. As you know, we discussed at the December hearing. We are proposing an indoor tennis court for this structure, and an indoor tennis facility, if you checked around, we believe needs a minimum of 40 feet height to accommodate an indoor facility. I share that with the board as well. We did a little bit of research on that issue. Chairman: On that issue, there is no physical impact because it's nestled in the trees. Is that correct. Mr. Law: Yes, we believe so. We believe it's nestled far enough inland. You can see on the model, if you do recall, it's this building here. Chairman: Right Mr. Law: All the way. Pretty much close to the center of the Island. The next building that. we're requesting a height variances is the vacation home. Mr. Bacon vacation home which we identified as D.1 down in the Southwestern portion of the Island. Again, it's a tall building because we believe a tall building equals a small building footprint. We can take up less space on the ground by going up a little higher. Considering the size and the uniqueness of the Island, we do not believe that that is a substantial request. Again, rather than dot in the coast line with large estates, as some may want to do, someone else on the Island. Mr. Bacon is just looking to establish one vacation home on the Island. Again, we believe the vacation home will be lower than a tree line. It's only going to be around 200 feet in length. No, it's only going to be visible from about 200 feet of coastline. Let me take that back again, I'm sorry. There will be about 200 feet of the coastline view, will be disturbed, and that is less than three quarters of one percent of the 5.15 miles of coastline on Robin's Island. So we believe that is a very insignificant number. Thus, the impact will be minimal. The house will also be setback over 100 feet away from the top of the bluff. Again, Mr. Bacon plans utilizing attractive designs to be compatible with the Historic structures in the community. We also plan on having a vegetated buffer up to six feet high. Six feet in height as well as to plant shade trees in front of the house. Here again, we don't believe there won't be any undesirable change to the community, and that there won't be any detriment to the health, safety or welfare of the community. We believe it's an appropriate use for the Island. Page 34 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals The next and perhaps last height variance, and I say perhaps, and I'll park that thought for a moment because I'll get to another issue, when I get to talk about the caretaker's cottage in the Lane Lodge. The next structure that we need a variance for is the garage with staff quarters. That is down also in the family area, in front of the vacation home. The garage itself is allowed in any respect. An 18 foot high garage. We're looking for a 25 foot structure. Again, we believe that the 25 height variance that we're seeking for this structure is not substantial. It will not be visible off Island because it will be in front of the vacation home. We would like to view this garage with the staff quarters as simply, unattached guest quarters to the vacation home with no neighbors. There will be no undesirable change to the community. Again, with the small footprint, there is less of an impact, and we don't believe there will be any detriment to the health and safety of the community by granting this variance. The last two structures that we are requesting height variances on, and when I say request, I still think it's up to the board as to whether or not we need height variances for these structures. That is the Caretaker's Cottage which we've identified as C.7 in the farm center area, and the Lane Lodge B.1. Both are proposed to be 25 feet high, and what we spent our January meeting on, going over the dwelling unit issues on habitable quarters, on accessory or subordinate buildings, depending on how the board views these buildings. I know the board hasn't ruled on that yet. Perhaps I'll throw this out to the board, that if it grants those area variances for those uses, the board could consider allowing those buildings to go up to 35 feet as a right, as a principal dwelling unit under the R400 code would allow. If that would be the case, there .would be no height variances needed here. If however you view, or construe these buildings to be subordinate to the principal use, which is the vacation home, which is the principal building, we then require and respectfully request height variances. So, I'd like to just show the board a couple of facts on both the Caretaker's Cottage and the Lane Lodge. The Caretaker's Cottage would be 10 feet lower than the 35 feet committed under the code. I think both the Planning Board and the Town Attorney shared with the board. The Island is a large isolated estate and requires a 24-hour-a-day caretaker, and we need accommodation to accommodate a caretaker for the Island. This house is also nestled far enough inland, to the middle of the Island. Again, it's in the farm center which we've identified as area C in the center of the Island. We don't believe it will pose any threats to the community and there will be no detriment to the health, safety and welfare of the community. Lastly, and I'll be quiet after this one, is the Lane Lodge. We are proposing this one to be also to be 25 feet in Page 35 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals height. The Lane Lodge again presents again, another different set of circumstances. It's already tip, it's existing. As you know, Mr. Lane, one of the former owners, commenced construction of it back in 1917, I believe it was, Jim, and just never completed it because of illnesses and other problems came upon that family. However, Mr. Bacon was strongly encouraged by the Town to restore that structure and he would like to do so, and use it as a combination for his shooting guests and other family guests. This building has already consisted with the existing and proposed structures on the Island. It would be a waste to not restore it and to knock it down. Further, waste to do nothing with the building, and have Mr. Bacon pay taxes on a building he can't utilize. I think it's in the Town's interest and Mr. Bacon's interest, to restore this building and not request any additional height on it. Just give us a variance if one is needed, and I say, if one is needed for what's already existing. Again, I believe this request proposes no threat or no detriment to the health, safety or welfare of the community. With those comments on the record, I'd like to now turn it over to Mr. Thompson who can perhaps give you a better description of at least the boathouse, which seemed to be a concern to the board at the last meeting, and he can use his drawings that him and his staff were able to do over the last month. Chairman: Thank you. Mr. James Thompson: Good evening. My name is James Thompson, Architect from Greenich, Connecticut representing Mr. Bacon. In response to the board questions, we've attempted to make a graphic presentation here to indicate some of the features and characters, and the general style of work that it is. We've been commissioned to produce for Mr. Bacon, and respectfully submit that since it's not possible to have all buildings on the property designed at the same time, it's going to be a long process that this gives an indication of the flavor of things. We feel it's also been important given the fact that we're proposing to establish a structure and location that have had structures on it back into the mid 19 century. That it is not a new visual impact on the community and that although the building is higher than 18 feet allowed by code for accessory buildings, that it's not a substantial visual impact. What we've attempted to do here is, in sections, to take it all the way through the site from the forest tree line behind the Lane House, down to the water including an accurate scaling of the pier 380 feet long, that extends into Cutchogue Harbor, show the relative height and massing of the existing buildings in the contexts of the proposed new structure. So, what you see at this point of the drawing is, the Mackay Cottage, the Lane House and the Icehouse, which are in a group at the top of the lull. This is Lane and plan, Mackay and Ice and this is the footprint of the boathouse, Page 36 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals which is at elevation 12 feet above mean sea level. The existing structures are at 32 to 34 feet above mean sea level, and they reach heights of the buildings. Again, this is one of the difficulty with the code. In our opinion, the measurements of building heights to mean rafter length, obviously produces a lot of different kinds of heights for different roof styles, and I know this is an interpret problem. A building like Lane, two and one half story structure, because of it's salt box design measured against the short rafter, which is the way the Building Department looks at it, actually only has a height of 25 feet, although it's a very substantial structure. In a simple gable roof, in an effort to produce a shingle style agricultural looking building as a boathouse, and the larger scale is the view from .the North as though you were standing on the pier looking towards the structure. What's proposed here is intersecting gable roofs. We've attempted to break down the mass of the building by using single story wings on it, as opposed to all the buildings being a two story, related only this center bay that runs through, that has the loft mezzanine. But to have access for vehicles with, you know we're required to have a 14 foot high door, which really drives the height of the building overall. One of the things we're continuing to attempt to do is, minimize footprints of buildings and the results and the lack of efficiency's and volume, and the increased excavation that comes whenever we try to spread things out into a larger footprints and stay lower with the buildings, there is a collateral impact of increased excavation. In forested areas it means, more clearing, more soil disturbance and over all we think a negative impact on the site, particularly giving some of the voluntary restrictions that we're prepared to accept in terms of spoiled stock pile and disposing the spoils and what not in a construction effort. Every cubic yard of soil that cannot be, as a result of excavation that can not be handledappropriately on site in an environmental acceptable way, has to be exported from the site. So, there is definitely a cost associated with spreading the building out horizontally. Again you can see as Kevin mentioned, the actual height of this if you can imagine being in a boat in the Harbor on the Town beach in New Suffolk and looking across. The presence of these buildings which have been here since the early part of the 20 Century, will actually have higher ridge lines than the proposed new structure at the beach, and I do have one other little sketch, which it's not usually successful, but I'd like to pass it around as an effort to do an accurate scale massing on the photograph enlargement showing the pier of the boathouse and the Lane house behind, that gives you a sense of how those are layered in three dimensions. If you were in a boat a thousand yards off shore in the middle of Cutchogue Harbor. Page 37 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Chairman: Jim, would you like to move over so you can see this. Why don't you, ok. Mr. Jim Thompson: It's hard to figure out to turn it to you guys or to the audience. Is there any question or additional points we could make in this area before we go to the other demonstration? Chairman: Only that we dearly would like to borrow this for a little while, while we're pondering --. Mr. James Thompson: We're prepared to submit this as an exhibit. Chairman: Wonderful, thank you. Mr. James Thompson: We also got some black and white copies that are not mounted. Chairman: OK Mr. James Thompson: That are available to submit. There not renderings, they are just black and white. Member Dinizio: The building that's there, that is not a building that you intend to build, not that, the other. Mr. James Thompson: These are all existing. Member Dinizio: Yes, they are not clustered in that fashion, they're just --. Mr. James Thompson: That's actually you know, the site section was taken through here. So if you actually stand and look, they actually overlay and we felt compelled to draw all three buildings, because if you just see any one of them by themselves, it doesn't give an appropriate sense of what the building masses of these, as a collection at the top of the hill. Member Dinizio: But it's not one building, that's not one building. Mr. James Thompson: What your actually seeing. You're standing right here and you're seeing one, two, three, four buildings. Member Dinizio: OK Mr. James Thompson: In that group, and you're going to think, the key thing here is, to begin to see the height differential caused both by the topography and the scale of the buildings. Chairman: Right Mr. James Thompson: That exist. Page 38 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Chairman: Right Mr. James Thompson: Lane in particular which is a substantial structure. It's between 22 feet higher in elevation. The bottom of Lane is virtually at the top of the proposed boathouse. Chairman: The clearing aspect of what occurred over there of course, makes it much more visual and you know, I understand what you're saying. Secretary Linda Kowalski: How high is the highest point of those four buildings put together? I mean, is that the 45 foot lot. Mr. James Thompson: The actual ridge of Lane house is 35 feet above average grade and it's sitting at 32 feet above sea level, so it's 67 feet above sea level. Secretary Linda Kowalski: In height. Mr. James Thompson: To the ridge of Lane house. Secretary Linda Kowalski: OK. Member Dinizio: You were interested in how high the house is from -- (to Board Clerk) . Secretary Linda Kowalski: If you mean when you look "at it," yes. Thanks, Jim. Mr. James Thompson: 67 feet from this point and we're proposing a height of 29.6 on the boathouse itself. The structure is 28.8 to there but then there is an average grade deferential that you have to take into consideration. So, ridge height as opposed to height for ordinances purposes on this building is 32 feet and the floor of the building is 12 feet above sea level. So, 44 feet to the ridge. 67. Board Secretary: And that's the highest part of the Island really, right there too, right? Mr. James Thompson: Actually, the highest point of the Island is back up here in the center where the water system are. Which is 80 feet above sea level. Member Doyen: How much? Mr. James Thompson: Eighty feet above sea level. Secretary Linda Kowalski: Thank you. Chairman: Great Page 39 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. James Thompson: This exhibit is a little more, not as dramatic, but what we've attempted to do here is a geometric analysis that views you, and occasion of site lines and relative impact of the requested height variances at the family vacation house. The plan is a replication of what was an exhibit in the Environmental Assessment Form which obviously shows Peconic Bay, the beach and bluff, the vegetated buffer zone with the proposed location of the family vacation house, pool, pool house and garage with Staff quarter's. To reinforce Kevin's comment, given the heavy vegetation of forest in this area, the garage with Staff quarters is about 240 feet back from the top of Bluff. If we elect to define top of Bluff it's a 50 foot contour which is where the inflection from the level terrain down slope occurs. Again I think, with that distance back, the difference in height between an 18 foot building and an 25 foot building is relatively insignificant. One of the big concerns here is, if required to conform than basically what we're talking about, is the living quarters being in dormer space raider the rafters which given the requirement for habitable space to have a seven foot ceiling heights, you really reduce the effected usable area of the structure requiring again, a larger footprint, more impact as opposed to allowing enough height to have wall space on that second floor to get headroom. The pool house as proposed is a conforming structure as an accessory, and what we've done is taken a vertical section through the site and the primarily building and one of the things that clear from this is. The bluff comes up and it drops a little bit as it goes to South, and also drops significantly as it moves East on the interior. So, your effective average grade is approximately 46 feet above mean sea level at the house itself, and your effective average grade at the top of the bluff is 50, so you're already starting below that point. We're suggesting the willingness to maintain the native species vegetative buffer average six feet in height - I think, it's - 20 to 50 feet, MR. LAW: 25 to 50. MR. THOMPSON: 25 to 50. So one of the things that we had hoped to do was to be able to make an adjustment to this falling grade, by bringing the house up a bit, hoping to maintain some views out over the bay and what we show in the drawing is in blue, conforming group line that respects the 35-ft. height requirement, and the net effect of that is essentially a 1-1/2 story structure which would mean all the bedroom spaces and the rest of that on the second floor of the building would be under the eaves and require dormers, et cetera, in order to have light, air and views - which doesn't offer the prospect of a very generous design. By asking for the 10 ft. variance to 45 ft, it allows the 2-1/2 story structure requested which then means that tinder the eaves spaces would simply be secondary space of storage, et cetera but it gives us again the wall height to allow vertical walls on second Page 40 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals floor to allow bedrooms and whatnot to have more typical windows and not be restricted to sloping rafter and dormer spaces in principal bedrooms and family living areas. Again, I think the other key thing to realize is that given the height of the bluff, the setback from the top of the bluff, and vegetation, there are very considerable sight lines out to the bay. There are no neighbors. There's effectively 45 ft. height even in a boat you would have to be within 200 - basically the whole zone within 250 feet of the shoreline, you cannot see the house. So they're talking about boats offshore - 100 yards or more away from the Island that you would begin to see the ridges at 45 feet height. So I think there's a relative proximity there and there's an impact. We're now talking about being 200 yards offshore before you can even see the walls of the house. We're talking about a shingled roof and a tree canopy and what is the relative impact, visual impact if you're more than 200 yards away from the man's property before you can even see walls or cornices or windows. CHAIRMAN: Well, the greatest impact is going to be in the winter time when there's the least amount of (leaves)--. MR. THOMPSON: True. But your sight lines are not going to change even in the winter. CHAIRMAN: No. You're absolutely correct. MEMBER TORTORA: You could have a 6 ft. vegetated buffer, we went to 50 feet. MR. THOMPSON: I think 50 ft. depth is actually what we're showing in the drawing. And again, most of the preliminary guidance that we're getting from geologists and otherwise indicates that the maintenance of shrub-type vegetated buffer is critical component that's part of the long-term management plan through the Island area to try to maintain the stability of the bluffs to the degree that bluffs at those heights can be stable. So again I think the real variance requested in my opinion is minimum relief for the specific sight situation that we're dealing with in this case. And again there are no Southold Town dwelling units or other habitants that will be visually effected by this structure. (Changed tape.) CHAIRMAN: As always, the information that you :have brought us is just unprecedented. Just unprecedented. Magnificent. The remaining area of the agricultural compound would be just as traditional in the endeavors of architectural - MR. THOMPSON: Our mandate is to produce for Louis Bacon a family residential estate that carries the character of the East End of Long Island, 19th Century Architectural treatments. I think the greatest compliment he could give us when we're finished is that we were . ._._..-._ Page 41 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals never here in the first place. Simply found a nice Estate left over from the 19th Century, like he was able to have it for years. CHAIRMAN: Unbelievable. Thank you so much. MR. THOMPSON: Thank you. KEVIN LAW, ESQ. : Mr. Goehringer, I think you can tell that it's an exciting project. It's one of the most exciting projects I've ever worked on, probably ever will work on. I know there are challenges before both us, the applicant, and the Board, and what I did the plan, Mr. Bacon's plan clearly does is, it demonstrates that he plans on being a careful steward of the Island. I think it's an environmental sensitive plan. It's an aesthetically pleasing plan. There's no detriment to the safety, health, welfare of the community. There are nothing but positive effects on the local economy, local property tax base, New Suffolk School District, and the property is unique. We believe the plan observes the spirit of the Code and strives and reaches and achieves the purposes sent out in the Town Code and in the Town's Master Plan. We believe the plan furthers the public interest and it protects the public safety and welfare. And with that, Jim and I will be happy to answer any questions and/or reserve our right to respond to any comments. CHAIRMAN GOEHRINGER: The only comment that I have is that, I have two comments - Mr. Allen has asked me to read his letter into the record so I'll do that before the end of the hearing. And my discussion with Mr. Newman today from the Suffolk County Planning Commission regarding the Suffolk County Planning Commission's determination of basically saying that this is a town determination decision, he did ask me one question, and I don't know if he mentioned it to you, and that is that we have talked about the possibility of the Building Inspector and one representative from the Zoning Board after each particular-'project is completed - probably when you're ready for a C.O. or whatever the case might be. He had asked me, and I don't think if it was a formal request, but he asked me if either one member of the Suffolk County Planning Commission could go with us on a site inspection and so I'm just tbrowing that out to you. MR. LAW: It certainly sounds like a reasonable request. CHAIRMAN: I think what he was requesting is that, you know, a different member each time that a representative goes over there. I'm not talking about during construction - I'm talking about at the completion of each building or whatever, and I said I would throw that out to you. I don't think it's unreasonable. MR.. LAW: It sounds reasonable. And to the extent that we could try to coordinate an inspection with a visit from one of their planners assigned to this, to try and accommodate, especially if it Page 42 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals furthers the relationship between your particular board and the county. CHAIRMAN: Thank you. Ok. Mr. Villa, any questions? MEMBER VILLA: Just out of curiosity when you mentioned footprints and everything else on the vacation home. I see on the chart you've got a square footage there. What's the footprint there? Just roughly. MR. LAW: Which structure? MEMBER VILLA: Vacation home. CHAIRMAN: The vacation home is 15,500 square feet. MR. LAW: That's floor area. We need the footprint itself. MR. THOMPSON: It's about 7500 including porches. MEMBER VILLA: And basically it's going to be occupancy on two floors. MR. THOMPSON: We're calling it 2.5, 2-1/2 story structure. There are some habitable spaces under the eaves particularly for off-season storage. SECRETARY L. KOWALSKI: Does that 7500 figure that you gave include all stories or is that just the first floor? MR. THOMPSON: That's the first ground floor. CHAIRMAN: Ok. Going back to Member Dinizio. MEMBER DINIZIO: I have a couple of things. Mainly not concerning tonight because they're so detailed, I can't believe that I asked for that. I know I had asked for some scales, but this is overwhelming. But I did, going through some of the correspondence back and forth, a redraft of conditions - I think you saw that already, Kevin, I'd just like to clarify something here or maybe get some king of comment from you on this. And I'll read it to you. "The owner agrees to allow the Zoning Board of Appeals to inspect the island, and within buildings and structures, 'to insure compliance of covenants and conditions established by the Zoning Board of Appeals." SECRETARY KOWALSKI: I re-worded that a little bit, Jim. I'll give you the new one. What number is that. MEMBER DINIZIO: Ok. It's the mentioned of "covenants" I guess is my concern. Page 43 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals SECRETARY KOWALSKI: What number is that - CC-TA-9. SECRETARY: I reworded it to add "Building Inspector." MEMBER DINIZIO: I guess what I'm looking for, Kevin, is some idea of what you think the covenants are. IiEVIN LAW, ESQ. : What are you looking for, my opinion as to the legal definition? If the Board is looking to impose certain conditions on this, what I view them as, that they are conditions that will run with the land, that they will be binding on Mr. Bacon, his heirs, and assigns and successors, and that if we wanted to deviate from the plan as proposed here today, we would have to come back before this Board and request your permission. And if that's your idea of a covenant, we're on the same page. MEMBER DINIZIO: Ok. Does it necessarily - in other words, you're thinking more towards the building aspect of this as opposed to the entire island and say covenanting all the island, remaining undeveloped part of the island as never being developed, or -- MR. LAW: Correct. We're not talking about covenants and restrictions relating to the specific building we're seeking the variance on. MEMBER DINIZIO: Right. SECRETARY KOWALSKI: They have to be related to the variance portions. MEMBER DINIZIO. Ok. And one more thing, in Mr. Fenton's letter of February 1, because I don't recall hearing this. He's discussing what, I guess, he heard at the meeting - at Number 2, he says, "Mr. Bacon will not attempt to reduce the taxation of Robins Island by reasons of any allocation to any tax free element and would pay taxes on the entire parcel." Is that a true statement? KEVIN LAW, ESQ. : No. It's not. It's a bit inaccurate, and I sent to the Board yesterday, Linda - I don't know if you had a chance to get it to them? SECRETARY KOWALSIiI: Yes, but the Board Members just received it tonight and they didn't get to read it before the hearing. But they do have it. MR.. LAW: Basically, what I represented and else represented phrased differently than as Mr. Fenton phrased it, or categorized it, was that as for property tax assessments on the Island - the actions taken by Mr. Bacon, whether they lead to any reduction if he was entitled to that, or if they are going to lead to any increases - it's going to be up to the Board of Assessors, and the point I made last month was once we get a couple of these Page 44 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals improvements under way, and constructed and get C.O.s for them, items like that typically lead to increased assessments. And a further point I made was that Mr. Bacon is going to be a major provider of property taxes, and he's not going to be a demander of any community services. And furthermore, I'm glad you raised .it. It's part of a untold story with this plan, and we included it in our submittals back - originals submittals - and I don't mean to be a repeater or bore the board with repetitions, but I think it's very important to note that in 1985 Mr. Bacon paid over $93,000 in property taxes to the Town on behalf of the Island, and over 53% of all those taxes went just to the New Suffolk School District and the New Suffolk Library. $45,000 plus went to those two entities. The other balance went to the Town of Southold with about 16% going to the County of Suffolk. So, and he's not requiring any services there, so I think the plan is a win-win for all the municipalities and entities as well as Mr. Bacon if he is granted the relief he seeks. MEMBER DINIZIO: Ok. Well this (letter) is just not what I heard and I wanted to verify that that was not what anybody had agreed to. MR. LAW: I believe you heard what I stated at the January hearing. MEMBER DINIZIO: Ok. That's all I have. Thank you. CHAIRMAN: Member Tortora? MEMBER TORTORA: Let's go back to the principal-accessory. Originally you had commented you wanted us to make a determination for dedication on what would be the original structure. Mr. Kevin Law: Correct. Member Tortora: Tonight you mentioned that if a height variance was going to be needed on the Lane cottage and also on the Caretaker cottage, are you saying that those would then become also principal structures? Mr. Kevin Law: No, I'm not trying to be ( } . What I was trying to do was lay out is perhaps an option for the board. You know, we presented our case and I know the board can't make a decision until the Seqra determination. That's what we're hoping for next month. We were looking for, yes the designation of the vacation home as the principal use, and principal building. And then we seek an area variances for the other accessory, or park the word accessory for a minute, subordinate buildings that also contain dwelling units or habitable quarters. It wasn't clear from, yet from the board, if you were going to treat those buildings as accessory buildings or if you were simply going to grant the area variances which, I believe the board has the authority for. Member Tortora: Use variances or area variances. page 45 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Kevin Law: Excuse me. Member Tortora: You're applying for use variances. Mr. Kevin Law: No, no. Member Tortora: Yes. Mr. Kevin Law: Area variances. This is what we spent a good deal of time talking in general. Member Tortora: On the Lane cottage. Mr. Kevin Law: Yes Member Tortora: It says use variance. Secretary Linda Kowalski: Where does it say use variances Lydia. Member Tortora: Right here. Mr. Kevin Law: That was on a earlier chart and since then we've spent the month of January talking about the interpretation for area variances for those. Secretary Linda Kowalski: This was going back to November and it's been changed several times. Mr. hevin Law: You're correct. Member Tortora: Because we were around with that and where are we now. Mr. Kevin Law: You're absolutely right and the point I was trying to make is this is that. If there are accessory buildings, then this 18 foot height limitation, then we'll need a height variance as well, for that to get increased height. However, if the board was just simply granting us an area variance to allow habitable quarters in the subordinate buildings, perhaps we could go as far as 35 feet. This is for getting a variance which is permitted under the code, and then perhaps we don't need the height variance as well. But that was up to the board to decide and I wasn't sure which way you were leaning, if any way yet. Member Tortora: You just kind of throw me this evening with it. Mr. Kevin Law: You're absolutely correct. I just tried to lay out another option for the Town and the board then. Chairman: Mr. Doyen, no questions. We thank you Mr. Law. We'll see what generates about the hearing. Page 46 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Kevin Law: Great, again I thank the board for all the time it's allowed. Mr. Thompson and I on behalf of Mr. Bacon. As I said, I know it's a very unique project and a very challenging project and a very complex project and we tried to present it in a understandable way, we thank the board for it's time. Again, I'd just like to reserve the right to respond to any comments that may be made tonight and to respond in writing to the board, if the board chooses to close the Public Hearing tonight. Thank you very much. Chairman: Thank you. Before we go into any other, members of the community I just want to read this letter from E. Davies Allan. It says. Dear Sir, it's addressed to me. I've attempted to follow the topic of Robin's Island in local periodicals and most recently read a commentary of your meeting held earlier this month. It's dated 1/22/96. As a native of this area, and a businessman for 30 years, I've had ample opportunity to watch at times --and at times participate in-- various big money projects on the East End of both Forks. Some were never completed leaving contractors and municipality skeptical. Others have been completed and the final project leaves us, all the less than enamored. Still other projects we have find to be an asset, both in appearance and in tax dollars earned by the Town. Such is the case with the current status of Robin's Island. Years ago I asked to visit the Island on the request of the perspective foreign purchaser. Later, another visit on the behest of a West Coast magnet. We all know that Suffolk County struggles with the ownership possibility as well. Bottom line I feel, we all are better off than imagined. Mr. Bacon brings us the best of all worlds. The property remains on the Tax Rolls with prospect of no more than a handful of kids to go to local schools. Mr. Bacon's ambitions are particularly modest when we take into account the vast acres he owns. Furthermore, Mr. Bacon has generated a serious influx of cash for the folks who live here through payrolls and local purchases. Most important his checks don't bounce, because many people would be disappointed if Mr. Bacon found his Island pursuits to be, to much of a hassle, and he found a friendlier atmosphere saying, the Chesapeake or South Carolina. Whatever, we might be inclined to take his money, .he might be inclined to take his money there, and sell the Island to Suffolk County for a park. An agency that can't take care of what it has already. Immediately we would see the Island come off the Tax Rolls and an influx of five million people scrambling for the opportunity to trample Robin's Island terrain. Frank at the Marina near the Town ramp, would like more money selling tee shirts and Robin's Island key chains than fixing outboards. Page 47 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Fenton., a local critic would want to move out of Town because his taxes went up to compensate for the loss of Robinns Island taxes when owned privately. Vehicle and boat traffic would be a source of ire and an ire of many others. There's probably a notion that folks with alot of money to spend should be viewed with askance. From what I see, Mr. Bacon is an exception, and we should be a bit more willing to take him for what we see of him. Let's give him a chance, not scare him away. Yours truly. I thank you. We'll now go on to anybody else that would like to speak in favor of this project. Yes Madam. Mrs. Joan Robbins: My name is Joan Robbins. I live in New Suffolk. My husband and I have been a resident of New Suffolk for 41 years, and we care about Robins Island and we care quite alot. We would be very happy to see most of the Island preserved. A better word conserve by the people who know how to do it, a major conservancy. We have no objection whatever to Mr. Bacon the owner, millionaire, having his castle, and we'll be extremely gratified to see the Lane house completed and the Mackay house restored. Everything Mr. Bacon has done in the Hamlet of New Suffolk that we have been able to see, is of the highest quality of material and workmanship, and I think that is no small consideration considering the years of soil neglect by the previous owners. Both of the Island and New Suffolk lots. The process of rehabilitating the Island has cause and will continue to cause, some inconvenience in New Suffolk, but it not a ( ) on the inconvenient that we would suffer if the Island was fully developed, and I hope you bear that in mind. Mr. Bacon has demonstrated not only a willingness but a desire to accommodate any concerns that we might have in New Suffolk, and we believe that we could work out any problems in the future. After all, the Island is part of New Suffolk. The end effect on our tax base remains to be seen. But we believe and I'm speaking for my husband and myself, that it's more likely to be positive than negative. Mr. Bacon plans do not remove it entirety from the tax base and the buildings as planned will certainly generate taxes without accruing a large service cause that full development would inevitably bring. The Island historically has pretty much taken care of it own, and we remember decades ago sitting in our dining room of a morning and watching Bob Pugsley who was the Island's boat captain for many, many years, walk the caretaker's small child. He came up from the boat slip, up Third Street, and across the ball field to the school. The Island will provide its own services and the Island is no stranger to hunting, legal or otherwise. Its identity as a Page 48 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals private game preserve is part of its history and why should we not object. We in our Hamlet and in the Town should consider ourselves fortunate to have at long last an opportunity to have responsible management of the Island for future generations, while retaining some private ownership equally responsible. Please bear the future in mind as you will on Mr. Bacon application. Sincerely, and my husband and I have signed it. Informally, I think the Island has fallen in a tub of butter and we better make sure to keep it that way. Chairman: Thank you, thank you very much. Is there anyone else that would like to speak in favor? Anybody like to speak against? Mr. Fenton. Joseph Fenton, Esq. : What if you want to speak in favor and against. Chairman: That's fine. Mr. Fenton: I'm a little bit at a disadvantage because we had a snowstorm when this response came in. Chairman: Right. Mr. Joseph Fenton: And I had to go to Philadelphia for three days and I just got back. I haven't had a chance to speak to as many people as spoke to me before. I did get some initial reaction to some of the content. The principal concern was that, the herd of deer that nature maybe for a thousand years was breeding and that numbered in the hundreds, and that its proposed or perhaps has already happened, reduced to 10 or 15 animals, and there were comments made to me. This may be a preserve but the number of animals that were eliminated, that perhaps some people think it's a slaughter house, it's not a preserve. Words like conservancy and preserve don't jive with what's happened to this deer herd. Chairman: I never heard the figure. Mr. Joseph Fenton: Some of the comments were, had even more feeling than that. Chairman: Could I just say something to you, Sir, to clear the record. I have no idea of what the total population was at the time that Mr. Bacon bought the Island. Mr. Joseph Fenton: It was too high probably. Chairman: OK, correct. We were told when we were over there, it was about 83 or 85, ok. we were told that that was going to be cut approximately 50% based upon the longevity of the animals that were Page 49 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals evaluated, all right. I never heard the figure of 10 to 15. I mean, maybe that could be cleared. Mr. Joseph Fenton: It was in the memorandum that you received. Chairman: OK, I was told half of that population when I was there on December 7. Mr. Joseph Fenton: I'm recounting to you. Chairman: Right Mr. Joseph Fenton: I go hunting and fishing. I think the preserve to me and according to the dictionary, a preserve according to the dictionary is to keep or save from injury or destruction, to defend from evil to save, to keep in the same state, to uphold sustained guard, to save from decay to prevent in that order. The concept is that not everybody is delighted with reducing the herd from 10 to 15 now. I think he has a right to. Chairman: Right Mr. Joseph Fenton: But that doesn't mean everybody is happy about it. One person said it's Dachau for deer, that it's not sportsmanship. You try to encourage the herd, and if nature spent probably a thousand years of breeding the herd, some of them died off because they were weak and so the strongest ones survive. In a year or two that's gone. I mean, there was no physical exam given to these survivors, and I can understand his motivation. I think, I touched on it and I think there is a concern about ticks and Lyme disease and maybe this is overkill. Sportsmen that I know who go hunting were upset when they found this out. Now I haven't had an opportunity because I was in Philadelphia and because we had a snowstorm when this first came in. But there is a comment that's, you know, everything isn't grand, everything isn't wonderful. I was in favor of an individual buying Robins Island, and I think my friends in New Suffolk know that. I defended, I thought that this was the best thing that could possibly happen. But everything may not be .peaches and cream, and I think he may have the right to, but that doesn't mean everybody's happy about it. Chairman: I just want to say that I, we do not have the power to control the amount of -. Mr. Joseph Fenton: I know that. Mr. Chairman: You're certainly welcome to speak, but we're getting awry of the --. Page 50 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Joseph Fenton: And the same thing is true of the heliport. I mean, that's not your bag. This is the town board. This is a DOT and I hope that there will be public hearing with respect to it. Chairman: I should point out to you -. Member Dinizio: (Interrupting) Can I comment? Chairman: No, I will first, then you can, if you don't mind. Member Dinizio: OK Chairman: The heliport in my opinion is an extremely important thing to be placed on this Island. I am a member of a Rescue Squad and when we have to get someone off this Island, it's extremely important to have. Mr. Joseph Fenton: It should be some regulation with respect to, the flight path, with respect to the danger to, depending on the flight path. The danger to the boating people who are at the North end of the Island and you know what's, that fills up. Chairman: But that's why the helipad, I think, is scheduled to be, relatively in the center. Mr. Joseph Fenton: I understand but are they going to come over to New Suffolk. Are they going to come over there - carte Blanc is not the way to go. There has to be some understanding of some, what it is. This is not a landing and take off pad. This was a quiet bucolic palette, and that's what he wanted and that's what he bought and that's, we understood was where we were going. I'm not sure that's the case, and I don't know what happens to property value. You try to sell your house now, and this fellow Mr. Allen wrote a very nice letter but I understand that Mr. Allen owns the landing craft that he rents to Mr. Bacon. So, he has some connection here, and naturally he would say what he said about him. I'm not blooping. I've been at it too long. I've been here all my life. I have grandchildren, three of them living close by and going to school. I'm not about to leave. here. As far as taxes are concerned. My taxes are 50 times what they were in 1948. I was doing a Hilary Clinton the other day. I was getting rid of some files and one of them was a 1948 file. I went through it and there was a bill. Property soared to what I have now. The taxes were $117.00. That's what happened. Part of it is inflation because a 1948 dollar is now worth a nickel. But some of it is, you know more government, more whatever. But, I'm here for the duration and I'm pleased that an individual bought it. I want the taxes to continue because whatever taxes Mr. Bacon doesn't pay, the rest of us will. I apparently misunderstood what Mr. Law said. I think you'll have an opportunity to look at that transcript and see what he said, and you heard it and I heard it, or thought I did, and we'll see what the transcript says. Page 51 - Transcript of Hearings Regular Meeting — February 7, 1996 Southold Town Board of Appeals Chairman: You're very welcome, Mr. Fenton, to reduce anything to writing. Mr. Joseph Fenton: I know that. Chairman: We're going to leave the hearing transcript open for two weeks assuming we have the votes to do that. Mr. Joseph Fenton: Whatever comments there are, there are. Secretary Linda Kowalski: Well not the hearing, the written (ref: open for two weeks) . Chairman: I meant the written portion of it. Mr. Joseph Fenton: There is no reason why the people who are interested in Robins Island because they are viewing it every day and they know what it was. I remember when my father and R. J. Deerborn and Jim Norris was going to buy it for $200,000.00 in the thirties, and I went over there looking at it with them. It's an obviously unique property. I'd like to see it preserved. I'm not sure anything that is being done is preservation. I'm not sure that the experts really know everything that they claim to know about. They cleaned out all the brush and now there is no place for the animals to nest, so they are bringing in Christmas trees to replace some of that, so there is a place for nesting. At least that's what I've been told. I don't know if that's the case. But to just say everything is wonderful and everything is great. "Isn't he grand?" It's like Emperor's new clothes. You just have to sit back and make sure that - What's happened to the deer population in the name of environment doesn't evolve into something else which would ( ) the entire hour. There are a number of issues that height raised. There was a question of, backing oil spill and I read what comment was made about that. That there hasn't been an oil spill of this character in Eastern Long Island. I don't know how pertinent that is because we had it on the 19th. We had a 93000 oil spill on the Sound. 93,000 barrels. I would like to be sure that we don't have one. That's why I, and I know you disagree with me -. Chairman: I don't disagree. Mr. Joseph Fenton: Well no, I just thought Lilco was the way to go. Chairman: Oh Lilco. Mr. Joseph Fenton: Because they can pull a cable through and they won't disturb the Bay bottom and they can jack that thing right through, two or three feet under the bottom of the Bay and without any trouble. It's an alternative and there is less chance of an oil spill because there is less oil needed. The great base, I don't know. You're a governmental agency and I don't know if this whole generation is to way for this government to enrich people because if Page 52 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals five or ten percent of the people that buy electricity, the price for the rest of us has got to go up. That's how it works. So, the environmental statement did not address the possibility of Lilco being used and I think it should, and not just a deprecating statement that Fenton thinks that New Suffolk people gets cheaper electricity. I never said that, and I don't mean to be testy. I understand what he's trying to accomplish here and I'm for it. I just have some questions and some of them aren't even mine. Some of my friends who make the comments and who are reluctant to come up here and say what they think. Either by, because they are afraid of retaliation which is silly, or because they are not the kind of people who will stand up and say what they think. But they certainly say it, and some of the people who are very happy with what's happening there. Maybe when they start hearing helicopter's coming over, they may not be so happy down the road_ The time to talk about it is now and not later. Like Mrs. McGowan had the problem with her property in New Suffolk. She waited too long, and I think now is the time for people to go and say what concerns them, and ask the questions, and that's how the Democratic system is supposed to work. If it's a matter of getting people to write letters, I don't know if that means anything. You know what letters are. You can make your own judgment. You can make up your minds. You can see the ( ) . I'm sure that it's going to be a lovely result, but I don't think that we're going to scare them away by asking questions. I mean Mr. Allen thinks so but I don't think that's what happen. He has too many invested in this. This is what he wants and he should have it. But that doesn't mean everything. That's all I have to say at this point. Chairman: Thank you, Sir. Mr. Joseph Fenton: I appreciate the fact that you permitted me a period of time in which to submit anything. I'm not sure I'll take advantage of it but we'll see. Member Dinizio: I'd just like to comment on the deer. Part of this whole thing because I'm not a hunter. I never shot a shotgun before in my life. Never went out to the woods. Not by any feeling or any commitment on my part. It's just that I choose to occupy my time in other ways. But when we went over there on the inspection, there was one thing that was certainly striking to me. That it didn't hit home until I actually asked the question, which was, "How could I walk through that woods?" This wooded Island that you would think it would look like that when you fly over an airplane. You can walk just about anywhere on that Island without getting so much as a scratch from a brier or having to move a branch and you know, it just was so easy to get around there. It didn't dawn on me until I asked a question as to the reason, why that would be. Page 53 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals I live near Moore's Woods and you can't walk through Moore's Woods unless someone clears it and it didn't appear to me that this was cleared. I guess from what I understand the deer eat everything in sight, up to about five or six feet as I understand it. Certainly, Mr. Fenton, your comment is harsh in that, you paint a picture of butchery and I see it the opposite. These deer, I've hit three deer with my car on Shelter Island. These deer have no place to go. These deer particularly on Robin's Island - was a refuge for them. Yes I agree, but they overstayed their welcome and certainly overpopulated the Island. I don't know to what extent. I have no idea. However, I believe that a favor is done to the healthy deer to try to control that population. I don't know what the right number for a 400 acre lot, you know. Island should be, I have no idea, but I do know that what I saw. The harm done to that Island and to the other resources of that Island, you know. Where the birds may live or where ducks, whatever. Squirrels and skunks and whatever else is on that Island certainly couldn't live there in a way that they would normally in a wooded area, because there was no wooded area under a canopy of trees. I wanted to clear that and make it clear. I don't see your way Mr. Fenton. I see it quite the opposite way and from my view, it was personally being out on the Island and seeing the devastation that was caused by deer. That's all I have to say. Chairman: Mr. Law. Mr. Kevin Law: May I just briefly. I want to thank Mr. Fenton for coming down again and sharing his comments and concerns. We appreciated it last month. We tried to address his concerns. I thought he raised a couple of good questions the last time. We tried to address them. We believe we did adequately and I also want to thank him for lending his support to the plan. I didn't hear that in January and I'm glad he has expressed that tonight and I appreciate Mr. Fenton, we do. Just briefly, he raises good questions on the Helipad. Just again, if you didn't get a change to read it in our response, this is the process. Mr. Fenton will have another opportunity to share some concerns and comments on that. We are in the process of preparing FAA notice of air space determination. They will review that. We then will seek the request of the Southold Town Board to --. We'll have plans before this Town board. The only thing the Town board has to do. They send it up to the New York State Department of Transportation Commissioner to see if it complies with State DOT ( ) and if the helicopter and the sea plane landing area are adequate in terms of their standards. The DOT will then tell the Town. Yes, these plans do meet our specs and requirement and so there will be an opportunity to be heard on that Helipad issue. Page 54 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals As for the oil spill and cable underneath the ground. The most recent experiment with cables underneath the ground, Long Island Sound, Iroguis gas line from Westchester County into Commack Long Island. That plan from what I understand, has been experiences a lot of problems. They are going through law suits right now because the devastation it did to the Agriculture and the Bay bottom destruction. I think Connecticut again have been contemplating if they haven't already sued the contractors who installed those cables. So there is significant problems not to mention the cost of bringing cables underneath the Bay. Chairman: Can I just ask you a question about that Mr. Law? Mr. Kevin Law: Sure. Chairman: When that oil truck is brought over in that small LST, is there any vehicles on the landing ship craft at the time. Or is that the only vehicle that's brought over at the time. Mr. Kevin Law: As far as I know, Jerry, it's the only vehicle on there. Chairman: Right. Mr. Kevin Law: And we have a meeting scheduled in a couple of weeks with the Health Department to go over, begin proper fuel storage plans and we know we will be complying, and have to comply and exceed Suffolk County Health Department regulations for storage of the fuel that we have over there. The last thing just on, I'll be quiet is just. On the deer. Jim (Thompson) maybe could have said this better. I believe there was a typo in our response. We're getting that out because we were trying to get it to the board by last Friday, and I think it was on the second, to the second last page. They may have been a typo in there. I think there are more deer than 10 to 15. I think maybe Jim maybe, 30 to 35 or 20 to 25 Again, I just want to close and again thank Mr. Fenton for coming down and sharing his comments and concerns. I think we adequately addressed them and if not then, I believe I just did. Thank you. Chairman: Jim, do you want to talk? Mr. Jim Thompson: I would like to refine that because the factual information and there is a typo in there. The factual information and guidance from Wildlife Biologist Dr. Aaron Mullen from University at Ithaca, New York State DEC, and other experts that were brought in from across the country indicate that, the goal of the healthy and sustainable Deer herd on Robin's Island should be targeted towards the population of 20 to 25 animals. If the vegetated community on the Island was in a healthy and viable condition, and unfortunately as much as I respect Mr. Fenton and other people's emotional Page 55 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals approach to ecology and to environmental science. What we're dealing with here is emotional tunnel vision, and the selection of an individual animal or species within a vegetated communities or the animal community, does not constitute a viable approach to ecology. We have a responsibility for a piece of property that been designated a critical environmental area under Suffolk County Legislation, and one of the reasons it's a critical environmental area is one of the most important things about it, is the unique vegetated community which over the last decade it's been virtually destroyed by Deer predation of vegetation, and frankly I regret the fact that I didn't have the opportunity to meet Mr. Fenton in 1994 and invite him to help me personally bury carcasses of Winter starved Deer that were rotting literally inside buildings where they were trying to find shelter. It's a gross inhumane and painful existence. To starve animals to death because they are in that kind of stress condition. I personally buried 40 animals out there in the Spring of 1994. I would never condone that kind of cruel abuse to anything that lives on this Planet, and it will not be allowed to happen again. Chairman: Thank you, ok. If there is anything that the board would like to say before we close the hearing to public comment? No. Seeing no hands again I would like to thank everybody here that is interested in this project. Members of the Community, we appreciate your comments. We also wish you safe home and I'd like to make a motion closing the oral part of the hearing. We will leave the overall written portion of it opened for approximately for two weeks. Secretary Linda Kowalski: We have to be more specific and give a date. February 20th. Would that be two weeks. Chairman: Yes. February 24. Secretary Linda Kowalski: That's 26 days. Chairman: Make it February 24th. Secretary Linda Kowalski: Excuse me, 19 days. Member Dinizio: Are we going to meet then? Secretary Linda Kowalski: No. Chairman: No, we're just going to close the oral hearing--. Secretary Linda Kowalski: So it will be February 24 (for the end of the written, entire record) . Chairman: So if anyone writes to us what will happen, Mr. Law, if someone writes to us or Mr. Fenton, we will then circulate the letter to the other party and then we'll allow them to come back with information. Page 56 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Secretary Linda I{owalski: I just wanted to ask another thing. Kevin was going to give a chart with the length and width of the building and stories, ok. Mr. Kevin Law: You'll have it tomorrow. Secretary Linda Kowalski: Thank you. Chairman: And you're leaving with us. Mr. Kevin Law: Anything you require or desire. Chairman: Just these two. Of course we would love to have these, if you've seen the size of our office, there would be no way. So again, closing the hearing for any oral testimony at this point, and leaving the hearing transcript open for, written in till the 24 of February. All in favor. Mr. Kevin Law: Thank you very much. Typed by Noreen Frey from tape recordings. g13FF01 co APPEALS BOARD MEMBERS hZ� Gy I FEB 2 306 Id Town Hall Gerard P. Goehringer, Chairman y„ �? L 3C zIt ii 53095iMain Road Serge Doyen,Jr. y P.O. Box 1179 James Dinizio, Jr. �Ol # ��� Southold,New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 10 , 1996 Chairman: The last hearing of the evening is a reconvened hearing for the last regular scheduled meeting in behalf of Louis Moore Bacon and we will now continue this hearing as a continuation of the last hearing which was in December and we would ask Mr. Law if he would like to continue. Kevin Law Esq: Thank you Mr. Chairman. I just wanted to bring the board up to date. Some of the things that have occurred since our last meeting in December. First of all it's Kevin S. Law, Nixon, IIargrave,Devens, & Doyle, Attorney's for Mr. Bacon. We are in receipt of the boards Environment's Consultant's letter to the board requesting some additional information from Mr. Bacon, in order for your consultant to make a recommendation as to the Sequa determination from the board. We received that letter in between Christmas and New Year and we have referred on to our Environmental Consultant, and we're in the process of addressing those requests for additional information, and hope to respond to your Consultant to the board, whichever is your preference in approximately two weeks. And as we understand the board is thus, not in a position to make a Sequa decision tonight, and thus issue any decision on our application tonight but we wanted to come and continue the dialogue tonight with the board to present some additional information, and to also answer any questions that the board may have from the last meeting. If I could indulge the board and suggest sort of a sequence of how we'd like to proceed over the next two months. I'm hoping you'll entertain that, and then I'd like to proceed from there. Since the board isn't in a position to make any type of determination tonight because of the Sequa determination, and since the plan is a comprehensive plan and we have multiple requests for the board. What we'd like to do tonight is just address the dwelling unit issues, and try to get some reaction from the board, and try to get some direction from the board on that issue because, it's the plan that centers around those uses. Then what we would like to do is come back in February, and then specifically address all the height variances that we requested and present some information to the board on that including some of the drawing that you requested. Hopefully, we'll have some of the drawings by then as well, that we could present to the board and demonstrate structure by structure the reasons why we believe we're either entitled to or request a Page 2 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals variance. Then, hopefully after that the board will be in a position, once we provide that additional information, once we provide the additional Environmental information to your Consultant, the board will be in a position then to make a Sequa determination, and a decision on our actual application sometime thereafter. If that sounds OIi to the board that's how I would like to proceed tonight. Chairman: That's fine with me. Kevin Law Esq: Thank you very much. One thing I wanted to clarify from the last meeting. I know I did monopolize alot of your hearing the last time and I won't do that tonight I promise. But if you left the hearing thinking that we were not interested in working with the board in establishing some conditions to our request that are mutual acceptable to the board and to Mr. Bacon. I want to represent to the board tonight, that we are interested in working with your staff person and with the Town Attorney, at arriving at some conditions that we can protect the Town interest and Mr. Bacon interest. And so, if there was any inkling that we weren't going to do that at last meeting, I wanted to dispel that and represent to you tonight, that we are certainly willing to work with you at arriving at some conditions that we can live with, and I thank you for that. Getting to the dwelling unit issue, as you know Mr. Bacon desires to use Robin's Island as a family vacation retreat. Continue the Island's 100 year History as a private shooting preserve. And traditionally, there were five dwelling units. There have been five dwelling units on the property and Mr. Bacon plans call for only six structures containing habitable quarters. And we believe the plan is our harmonious request to restore or to reactivate and to construct the six units, or the six structures containing habitable quarters. And as I said at the last meeting, the only year round, the only structure containing habitable quarters that will be used year round, will be that of the Caretaker cottage. One of the things that we needed a clarification on from the last meeting. You asked us to go back to the Building Department, which we did, to get an amended notice of disapproval, or to clarify a particular issue and that was. Which building is going to be the principal building. And it wasn't clear from the original Notice of Disapproval and I represented to you the conversation I had with the Building Department. But I believe now with the amended Notice of Disapproval, it's clear where the Building Department is coming from. And right now they view the Mackay cottage as the principal building. And as our submittals on our application describe, as I requested at the last hearing, and will request again tonight is. We would respectfully ask the board to interpret and make a decision and exercise it's digression, to construe the proposed family vacation home as principal building. And to not only advise the board, in what the code says. But, I was looking through the definitions in the code and I. The principal use as described in the Page 3 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals code, is the main or primary purpose, for which land and or structure is designed, or intended to be used. We intend or Mr. Bacon intends the vacation home to be the principal, that it's proposed to be the principal use. And the principal building, is the building where the principal use is carried out. And so, that is. The entire plan is designed around the family vacation home and we would like. We would respectfully ',request that the board designate the vacation home as the principal ',building. If the board is so inclined, we then request that all the other structures that aren't considered as Agricultural buildings, be accessory buildings. And I think it's important to note again, as I stated at the last meeting, that the Island is situated in the 114-00 district which allows residential structures and Agricultural buildings and various accessory buildings. And Mr. Bacon plans call for nothing but those type of plans. We are not calling for anything that is not permitted under the R400 designation. And so, if we could get the vacation home described as the principal building, and then have the additional accessory buildings contain inhabitable structures viewed as accessory, or subordinate to this principal building. That is what we're ',requesting. I think as our submittals show that., as I understand what the board needs to do. The board most engage in a balancing test as to whether or not those requests would allow us to use those buildings for periodic. Again, it will not be year round dwelling units. They will be used periodically by Mr. Bacon, his guests and his staff. - He needs his staff for the various shoots that goes on there during the hunting season. Or other Agricultural staff. You understand, you need to do a balancing test where you have to weight the benefit to the applicant versus the determent of health, safety and welfare of the community. What I proposed to the board tonight, that our request, there will be no undesirable change to the character of the neighborhood or to the local community here. The benefits sort. Can it be achieved by any other way? There is one way and we discussed it last meeting and that is through',a subdivision. And we didn't come to submit our application to the board, and to the Town, just Wily Nelly. We spent a year trying' to do our homework, soliciting the input from various Town officials and there was one common thread, through all the comments. That was to try to keep the parcel as one lot, and try to avoid subdivision. We're trying to do that, and if we do that, then there really is no other way that the use of these buildings, as desired by the applicant, can be achieved. So we don!t think these variances requests are substantial. Also, as we believe as demonstrated in our Environmental submittals, and as what we're going to provide to your Environmental consultant in terms of additional Environmental information. I think it will clearly demonstrate, that our variance request will not have any adverse impact on the physical or environmental conditions of the Island, and certainly not the neighborhood or the local Community. Page 4 - January 10, 1996 Public IIearing Transcripts Southold Town Board of Appeals Since I think we could demonstrate all those items that are required for the variance that we seek, I believe Mr. Bacon should be entitled to use those buildings as he desires. With the vacation home being the principal building, and the Mackay cottage, the Lane Lodge, the Caretakers cottage and the Agricultural staff, and the Seasonal staff quarters, as accessory to the principal building and we would request your approval of those requests. As I said, to try to carve up and try to make the application, or our application discussions, make it easier for the public to understand as well as the board, not to try to confuse the issues. That's why we wanted to limit our discussions tonight to. And that is, we wanted to bring the dwelling unit issues to a head and get your reaction, and see where the board was coming from and hopefully receive some positive feedback on that. And then we would like to come back in February to discuss and provide the board with additional information as to why we're entitled to the height variances. I'm prepared to answer any questions that the board may have at this time or later on in the meeting. If I can't answer any of those questions, Jim Thompson, Mr. Bacon's architect, and project manager is also here. Perhaps he'd be available to answer those questions as well. Chairman: I briefly mentioned to the Town Attorney, and of course she is aware of your presentation of, and requests making the vacation home, the primary structure. I'm not answering for her. It's something that she's looking into at this particular time, and you know, it's something that we'll certainly will deal with at the culmination of all these hearings on this very, pretty magnanimous project actually. That's the only thing I can tell you at this particular point. My discussion with you individually was that, one of the main reasons it didn't exist at this time, and that was the reason why, right. That doesn't mean it couldn't happen in the future as a result of the culmination of this. I think the Building Inspector made the Mackay house the primary structure. Kevin Law Esq: Correct, and we would request that you consider that an accessory building to the vacation home. Chairman: OK. Lydia, do you have any questions of Mr. Law at this point? Member Tortora: No, I think we got the Town Attorney's, in your reference on whether it's a use variance or an area variance. Chairman: And we're looking at that now. We are actually meeting with the Town Attorney on that basis tonight. Kevin Law Esq: Great. She's been helpful. I've been trying to keep the legal arguments with her on preparing Town Attorney questions you may specifically have tonight. Chairman: OK. Do you have any questions of Mr. Law? Member Tortora: No, I had agreed with a new assessments. Page 5 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: Jim. Member Dinizio: I guess Kevin. I'm still-. I guess I'm trying to find out just who benefits and who doesn't benefit from any application that you make. I look at an Island and I see six or seven structures, whatever it is, liveable places and I think that, why doesn't this man just go subdivide it. Why put yourself through this when it's so simple for you just to go there, carve out a few hunks of land, make them 10 acre lots. You have plenty there, and be done with it. You'll have to do everything anyway. If fire protection has to go, I mean. Kirk, you'd have to have that. But certainly, you're going to have to apply everything in this application that you would apply to the Planning Board with the subdivision. And I'm wondering why, and I'm wondering what benefit you gain from that. I know what the Town would gain from it. I think I know what the Town would gain from it. I'm just wondering why Mr. Bacon chose this direction. Kevin Law Esq: That's an excellent question and again part of it, the reason we're doing it this way goes to the guidance we received from the various Town Officials we spoke with in the past year, including the Town Planner. And the members of the Planning Board and the ZBA, and the Town Attorney and the then Town Supervisor. I think the Island has a History of being single ownership and being viewed as one parcel. It was felt that the best way to manage from the Town's prospective, was to manage the Island and to manage the Environmental sensitive portions of .the property, was to have one owner, and it was in the Town's interest to do that. Was there a way we could figure out, to try to achieve that, where we kept the Island in single ownership and kept it as one parcel? This was the way we decided, was an option, you know. It wasn't the only way. As you said, we could submit a subdivision plan. We believe we're easily entitled to 30 ( ) lots. We believe that there are at least three hundred plus acres of buildable property on the Island. And you're right. Could we do that? But you know, Mr. Bacon is committed to being a good stewart of the Island as well, and to preserve any Environmental sensitive portions of it. He a man of means, who was trying to do, not only create a nice vacation home, a family retreat for him and his family, but at the same time, to protect the Natural Resources of the Island. That's sort of how we arrived at this particular land use mechanism. Member Dinizio: OK, can I just, I don't want to insult you Kevin. I'm asking you this question just so it's clear. What you said was, you're making an application to us because we asked you. The Town said, encouraged you to follow this direction, that the Towns people, everybody on that line would rather have this be in one lot with one owner as opposed to the 30 lots or even five lots or ten lots. Whatever you happen to yield, you have to get out of that. And I stall didn't hear you say, what you gain or what Mr. Bacon gains. Kevin Law Esq: I think the public benefits outweigh the private benefits. But you're right. There are some private benefits that Mr. Bacon receives. I think that one of them is, the time to secure Page 6 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals the approvals, you know. I don't think it's a secret that, typically it takes a lesser amount of time to secure a variance. Not always, but typically. Rather then going through a preliminary subdivision review process and the final subdivision review process. That was certainly, that's a benefit Mr. Bacon achieved. He doesn't have to go through the more lengthy approval process of a subdivision. So that's certainly a benefit that Mr. Bacon receives. Your right, in that way, into the equation, absolutely. I'm not going to sit here and tell ,you not. Member Dinizio: OI{. Chairman: I just wanted to say, that my discussions with you, going way back six, or eight months ago, and then your subsequent decisions with my decisions, either during or after, or before with the Planning Board, was that I think everybody was somewhat happy with one ownership, one lot situation. I mean, I got no opinion that there wasn't anybody that wasn't happy with it. I mean, I'm not speaking for past Town Officials and present Town Officials. But, I'm just saying that, that was a way we were swaying. We were not swaying the subdivision route in my opinion, from my past discussions with you. Kevin Law Esq: That happens to be correct. Chairman: Yeah Kevin Law Esq: If I could indulge the board if it's not to confusing for the record. Jim, do you have something to add at this point, Mr. Thompson. Mr. Jim Thompson: I'm Jim Thompson, architect, Greenwich, Connecticut. I'd like to reinforce or maybe state to clear Kevin's remark, that Mr. Bacon has made an effort to be respectful and mindful of the community, and particularly our neighbors in New Suffolk. And in our work within the community, and in trying to become a member of the community, there has been a very clear signal to us that, members of our immediate neighborhood and Village would be very disturbed if a subdivision application was processed for the property, because they would see that as a breach of confidence or the loss of the opportunity to kept the Island in safe ownership, would open it to lawful, I mean. To have subdivision under one owner in the present, opens the door to having multiple owners and more construction in the future, which is something that is not the present owners intent, and therefore working within the Zoning Ordinance as R400 as a single lot. As far as I'm concerned, is more complex for the owner, and I think it should be taken as a respectful jester to the community because the public benefit definitely outweighs the private benefit. Chairman: Thank you. Member Dinizio: Could I just add one more thought, I guess it is. That going on this one lot theory, the fact that you'll have people Page 7 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals living in accessory buildings, if that's how we interpret it or go about it. We have one lot. We have 400 plus acres, 6 dwellings, some of them more higher than, I guess the Town allows, 45 feet. I may add 45 feet, mostly of the topography of the land, not necessary because you can build a house at 45 feet on a piece of flat land. But rather because it's on a piece of land that slopes. You're offering, I guess more or less. You're suggesting to us, we give you that 45 foot and plus a few accessories with people living in it. And what you're offering us is, an Island that will be pretty much remain undeveloped as long as this plan stays in effect. Am I correct, I mean. You offered us a plan. This is a plan to preserve Robin's Island in Mr. Bacon's mind and if we find that acceptable, his plan acceptable, we should go ahead with it. Do you get what I'm trying to say to you? I want to know it's not more than that. It's not more than you saying to us, this will last forever, or it won't last forever. It's just your plan and you want us to give it to you or not give it to you. I guess that's basically that's what I'm looking at. Kevin Law Esq: I think I know where you're coming from and part of the other guidance we received from the Town was. Don't try to come in here piecemeal. One structure at a time. Try to develope a comprehensive plan, and we try to do that and it's a significant challenge, because what Mr. Bacon is attempting to do, and certain officials have asked him to do. Try to figure out in 1995 now 1996, everything. He just purchased the property, acquired it in 1994. Everything he ever wants to do or construct on the Island and so, that's part of the other process. It took us a while to try to develope this plan and we appreciated your compliments at the last meeting. And that's what this is. It's a good faith, you know, best determination that we can determine at this time. What is Mr. Bacon's plans for this property. We understand that there is a concern that we develope some conditions, including if there are any deviations from the plan, that we would have to come back to the board for your review or to whichever board you would send it to. We are certainly willing to do that because the plan as proposed to you now, is Mr. Bacon best, good faith, determination of what he plans to do with the Island at this time. I hope that answers your questions. Member Dinizio: Yes it did. Thank you. Chairman: Mr. Villa Member Villa: Well following up on that Kevin, basically what you're saying, that the plan is evolving and it will evolve for some period of time yet. And I have no problems going along basically with the concept. I'd just like to see everything in place before this board give any kind of a final binding approval. Now, you're talking phases. Is it possible that we could issue approvals on a phase by phase basis for a period of time? Kevin Law Esq: I'd like to discuss that with our project team and Mr. Bacon. My initial reaction to that would be negative. Again, Page 8 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals largely because we spent alot of time and effort and money in trying to develope a comprehensive plan because, not you Mr. Villa, but others had said, we don't want you coming in here piecemeal. We don't want our approvals piecemeal either. I think what Mr. Bacon wants is, he wants to know that his plan as proposed is something that he'll be able to implement. Member Villa: Yeah, but when is your plan as proposed going to be final. You're asking, you're saying you'd be negative to my request. You have to respect that I would , be negative to your request if you don't have a final plan. Basically, you're coming in here and saying it's evolving, well fine. How long is it going to evolve? Kevin Law Esq: I don't think the plan is evolved. As I said, I think it's evolved to this and you know, alot of time and effort went into developing this plan. What I'm suggesting that, if there are minor deviations from it or any deviations from it, we'd certainly be willing to come back to the board and request your guidance and your approval of it. Member Villa: That still leaves me on shaky grounds. Chairman: : OK I think what emanated out of the meeting with the Town Attorney tonight Kevin was this. That there was a thought that a Phase 1 and Phase 2 situation might be something that might be in order. Your immediate concern is the construction of whatever Phase you're going to start when the weather breaks, assuming you get approvals from this board. I don't care if it's. I'm not saying this in a derogatory manner. We don't particular care and I'm not speaking for the board. I don't particularly care if it's the Lane house or the reconstruction of the Mackay house, or the actual development of the whole industrial area, the barn area. I'm not referring to it as a industrial area. Kevin Law Esq: The Agricultural area. Chairman: The Agricultural area, ok which includes the Caretakers Cottage and so on and so forth. Once everything else was in place, the board would then complete the review, the review would be completed and then a decision would be rendered for the rest of the entire plan. That was a thought that was discussed with the Town Attorney. Yes, Jim. Mr. Jim Thompson: I'd like to ask a question if it's not possible to pursue or a disinclination to pursue approval of the whole list of concept then, how do I know how to proceed. Chairman: Right Mr. Jim Thompson: Because now I don't know whether I'm dealing with the ordinance as it relates to the principal unit, or the accessory unit. I don't know what's what on the property. I don't know what's conforming, what's not non conforming. Page 9 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: No, that's not the case Jim. The case is continue with the plan. The normal way the plan is to continue, ok, and just to tell us what Phase you going to commence or wanted to commence in April or May to get approvals for. When I say approval I talking about Building Permits and commence construction up. We know the vacation house is the last thing to be constructed according to what you have told us and what we see in our documentation. Mr. Jim Thompson: : The construction schedule as submitted in the exhibits to the EAF indicates that area B and the utility and infrastructure to the Island would be our as well as some agricultural structure, would be our primary focus through 1996 and 97. Chairman: OK Can you. I'm talking short term phase. I'm talking six month or eight month phase. Immediate, so that possibly we could wrap this thing up by the end of, or November, December of 1996. Mr. Jim Thompson: Not being a lawyer, I guess the dilemma I have is. If I'm to prepare for my client proposals and plans to make an investment in the restoration of the Lane house for example. Chairman: Right Mr. Jim Thompson: And then he says ok, well. Now I have a habitable structure on my R400 parcel. It is the dwelling unit, I'm screwed. Chairman: There is no anticipation of what we have seen that there is going to be any change of what, ok, of what we're doing. Our concern is that everything keeps on flowing. We don't know if we can complete a decision by the time that the ground breaks is the issue, and that's basically it. Mr. Jim Thompson: I respect that and I don't think that the board should or could feel any pressure. We're not applying any pressure that's say's, we have a deadline to structure on this property. What is necessary for the comfort of the land owner to know, that he can . precede with the improvement of his property within his rights is some certainty that, his concept or needs for safe and effective use of an estate property is secure with the Town. And to us the multiple structures would have more quarters is absolutely essential to the safe and effective operation of a large estate property like this, because it's located on an Island. Where you have no community services, no infrastructure , no support, you've got to be self sufficient. Without some guidance and agreement on that principal, then we have nothing and I have no basis to represent to the owner of the property. Chairman: OK Mr. Jim Thompson: And it would be safe, proper or appropriate to continue with the rest of it, in the improvement of the property. Page 10 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: : OK. Well, we were just throwing it out. Basically, it was a thought we were discussing with the Town Attorney. If you have any thoughts to her, based upon what we threw out to you, you're welcome to do so. We have an ongoing discussion. You have an ongoing discussion with her. All the doors are open and everything is continuing and it would be unkind of us if we didn't threw that out and that was basically the situation. Is that proper in saying that. Member Dinizio: I would say it was not unanimous. Chairman: Yeah, it was not unanimous. Member Dinizio: It was a result of a discussion. Chairman: It was certainly not unanimous. You are absolutely correct Mr. Dinizio in all due respects. Kevin Law Esq: I saw the Town Attorney as I was coming in. She was leaving but she did ask me to give her tomorrow or Friday, and I will certainly do that to continue the dialogue. Chairman: Sure Kevin Law Esq: But I have the same concerns that Mr. Thompson expressed. Again, not to monopolize any more of the board's time. Chairman: Right Kevin Law Esq: Unless you have other questions for me. Chairman I just want to --. Kevin Law Esq: Again, you have goals and we have goals, you know. As an Attorney I'm always going back to the Client. Well, what have you done for me. I'm looking for some. I know you can't make a decision tonight and I'm not asking you for a decision or even an advisory opinion. I'm looking for some favorable reaction to the concept of the vacation home being the principal use, and then the accessory buildings containing the other habitable quarters that will only be used periodically throughout the year, and because I think the rest of the plan is centered around that concept. Chairman: The word accessory when it conforms with zoning and has habitable dwelling C of O's, which these will be, is not the proper word to use because accessory is accessory to another dwelling, ok. Secretary Linda Kowalski: Are we talking about accessory buildings. Chairman: Accessory buildings. Secretary Linda Kowalski: And extension of the main dwelling. Page 11 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: Right, right. Secretary Linda Kowalski: Accessory buildings but the uses are different Jerry. Chairman: Yes. So, it may be a phrase or a term that we have problems with on that basis. So we're dealing with that aspect of it at this particular point. Personally, I don't have any particular problem as long as legally we can do it, ok. That's basically the issue as it stands, all right. For the public that are here tonight, we are entering into and entire grid that we're trying to fit into a zoning code which does not necessarily address all of these issues. And I know that there are ultimate concerns with members that are immediate neighbors, who are the New Suffolk people and who are members of the New Suffolk Community is the proper phrase to use. For their benefit and for everybody's benefit, we have extended this over a series of individual hearings because it's very difficult for us to understand every specific aspect of this great, great piece of property, and we do appreciate that aspect of it. But for their benefit, that's what we're doing. So, we've gone through a certain step. Our Attorney advises us. We then talk to her. She then goes back and addresses legal aspects of it and then re advises us and that's basically where we are. So, we know Jim comes all the way down from Greenwich to do this, and we do know that's a hardship. We're sorry about that. We know that Kevin comes from Smithtown, actually Garden City, but it is helping us to understand the process I think. Kevin Law Esq: I'll continue the dialogue with the Town Attorney and try to hammer these issues out with her if that's going to be helpful to the entire process. Chairman: To try and take this entire project, and to put it into one four hour hearing, would be so difficult to understand, that I think would take us days and days and days to try to disseminate it before we could get to that particular point. And of course, remember again, for members of the community. We have a Sequa process running like a railroad track, right down the whole issue. That our consultant is dealing with also. Just so everyone is aware of that situation. And there are other concerns that your representing, an owner on other issues that are running also, that don't necessarily concern the board. But that's a third railroad track that goes down the line. So, these are all things that we are taking into consideration. So that basically where we are. Kevin Law Esq: We appreciate that and we thank you for that and that's why we thought it might be a little easier tonight if we just limited our discussion tonight to our dwelling unit issues. Chairman: Right Kevin Law Esq: And come back if the board would have us in February, and get into more specifics on the height variances that we're seeking. Page 12 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: Good, good. Let's just see before you leave us if there is any particular problem. Mr. Jim Thompson: Applying for the variances that are required would create another similar parcel. It's a tough one, it's a tough one. But I really see that again that the DEC requires 75 feet for structure normally, this is 60 feet. The Health Department requires 100 feet for sanitary system, this is 60 feet. It sets a prescient. Chairman: Have while they're here during this hearing. Anybody want to speak about this project, Mr. Fenton. Mr. Fenton: I came all the way from New Suffolk. I represented the New Suffolk Community a number of years ago when we voted 185 to 10 to try to prevent the building of condominium's there. We were successful but that was an adversaries proceeding. This one for the most part isn't. Most of us has welcomed the Bacon purchase as a continuation of private ownership and it's participation as a tax paying entente. However; some of us have some comments and questions, and when we sorted them out they appear to fall into six main categories. I'll try to be brief with respect to each. One was a helicopter pad. Second was electricity. The third was the school. Four was the height variances. Five was Lyme disease and the sixth was taxation. Helicopter Pad - I know helicopter pads doesn't adversely affect the environment. What the helicopter's do, they make noise, they create turbulence, they can be dangerous if certain restrictions aren't observed. And the questions that some of the people in the community have raised include, where the pad is located, it's proximity to wildlife, and the effect on the people who boat there in the Summertime. It gets crowded in there. There is a concern of spooking the deer. They use helicopter's in the Southwestern part of the United States to manage cattle herd, and they take pictures for inventory purposes. They transport workers too. I guess what they used to do was brand them, now they tattoo the animals. But they have to be very careful not to stampede the animals, and I think on page 64 of the presentation that was made, they talk about the lack of noise on Robin's Island and how tranquil it is. And maybe a helicopter isn't really in keeping with that. We would like to keep the helicopter pad away from New Suffolk as far as we can get it. We wonder whether it should be anywhere near where the animals are, or where the people are who use the North base area, and I think Deer are probably more prone to be frightened than more high strung animals, than cattle are. Mr. Bacon said, he's going to be using this for hunting. Is he going to be using the helicopter as a gun shoot? It's a very challenging thing to shoot a moving target from a moving platform and it's quite a challenge and we don't know what his plans are. One of the concerns that was expressed was this very concern. Would the helicopter's take off at night and land at night and disturb the peace? Are they going to light up the helicopter pad? Will the flight pads go over New Suffolk? Will it come from the Southwest or Page 13 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals the Southeast, where there would be less change of effecting anybody. That's if you permit. I think the concept the people have is, keep the helicopter's away from New Suffolk if you can, if you allow it. One of the neighbors raised the question about multiple helicopter sight seeing flights when Mr. Bacon has guests. The presentation indicted that it would really be superficial use of the helicopter. But you know, if you have 50 guests. You may want to take them up and ride them around and show them the place. We have a concern about that. Bacon may lose the property or he may sell it and what about the next owner. Is he going to offer rides. Is Bacon going to rent it out? He could get a million or two million dollars if a movie producer can use it as a site. The next James Bond picture. They like Islands, they like Smertz headquarters or whatever they call that place and why turn down a million dollars for a rental. Do we open a door with a helicopter pad, it becomes more attractive. These have been some of the concerns that we're expressing about the helicopter pad. Chairman: Those are very valid issues Mr. Fenton. Mr. Fenton: I don't think anybody wants to give them a hard time. That's not the purpose but you know. I've lived opposite Robin's Island all of my life, and I know what it is, and it can't always be the way it is. I like the fact that he wants to use it for hunting. I respect that. I wasn't thrilled about exterminating as many Deer's as we're exterminating. It's his Island if that's what he wanted to do, fine. Helicopter's, that doesn't seem to go with Robin's Island. Electricity, the proposals and vintages, making his own electricity. I guess using a generator or generators. I assume that they are going to be powered by some kind of fossil fuel engine and the alternative of using Lilco isn't mentioned. At least, I couldn't find it and I have to speculate now. These were the questions that were asked. Why not Lilco. Does it cost too much for a table? Is it because they have to get stand by generation, anyway, in case Lilco goes down, which happens, and the cost to add additional is not that much greater. Is it an Island mentality that requires self sufficiency. Now, if they don't use Lilco, the rest of us have to pay higher rates. I know it's interstitial, from a social standpoint. If everyone uses Lilco they could advertise more uses. We all use Lilco. Maybe he should be in the same boat, I don't know. There is exhaust from possible fuel engines. I assume we have millions of them on the Island. One more or two more are not going to make a big difference, from a social standpoint. Why have that exhaust? Chairman: I have to be honest with you. I was elated when I heard he wasn't going to run a cable to the Island. Mr. Fenton: Well, these aren't questions that solely rest with me. These are questions that people have asked. There is a cable that runs to Plum Island. There is a cable that runs to Shelter Island. Page 14 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals You know, I don't know that cable hurts anything. Now you may have been elated. Maybe you will have to explain to me sometime when we get a chance to talk, why. I just raised the question. Chairman: I had the really great -. I should say, a friend of mine had taken me to the US Open this year, and there was about six generators at the US Open powering most of the PBC and most of NBC News and cameras, in very remote location, and I have a tendency to look at things, just not that exist on the surface, but what exists in the background. And I purposely stood next to these generators and Mr. Bacon has about three or four at this particular time. I believe they are and I will ask, powered with diesel. But, I found absolutely nothing emanating out of any of them, including the one on Robin's Island that I was standing near and was running, ok. I have to be honest with you. In my elation again was, the fact that he wasn't running a cable. Mr. Fenton: Good but if he doesn't run the diesel, nothing goes into the air, it's a ( ) . I'm not saying it's critical. I'm recounting to you. Chairman: I'm just saying to you, sure. Mr. Fenton: What's accumulated in the Community. Chairman: Sure Mr. . Fenton: Now, I was there this morning. There was a humougousfuel truck there. That fuel truck goes on to an old Army or Navy ship that takes it there. Now, I don't know whether that is a seaworthy vessel. I assume it is. But, you start transporting oil to run diesel generators, you can have oil spill. Do they have booms. Do they have people that are trained in spills. If you don't load that thing right in the center and you get a high wind, is it going to tip over. I know it's not X. L. Valdez but we do live in a community and we are concerned. Chairman: Sure Mr. Fenton: If you go in that Harbor in the Summertime, I defy this landing ship to get through. There can be a collision, and these are the questions that have been asked to me, if I know the answers. Mr. Chairman: Sure Mr. Fenton: I guess, you're the leed Agency. Chairman: Yes Mr. Fenton: That's why, you asked if there is anybody from the community. Here I am. Chairman: Again, another valid point. Page 15 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Mr. Fenton: Third item. And I'm sure the captain that they selected here is not the fellow from the X. L. Valdez. The school-. Chairman: We hope not. Chairman: OK, the school. The proposal seems to acknowledge that the obligation to transport children of school age off of Robin's Island rests with that. I'm wondering whether this should be confirmed by a covenant to run with the Island's deed. If not, the next owner or owner's may require the school to transport each child to Southold or to the New Suffolk School as the case may be, and leave the school board to contract with them car and auto services. Now, I don't know if that the road runs down the center of Robin's Island will become a Town road at some point, or whether is going to become a dedication. Well, you don't know. I think you have to look ahead with these things. Chairman: I agree with you. Mr. Fenton: We're looking to protect the school so that they don't have the expense, because if all the school taxes go for that. If the school board is required to transport them. I don't know how that gets done. I think the covenant filing of the deed, is the right way, but I don't know. It's a point that been raised. I think that the present rules are, if someone lives two miles away they have to be transported. Now, I could easily see someone in the take his cottage or someone down the road that lives within two miles. Height variances: As you know the local Legislature has enacted a law after the required due Public Notice and Public Hearing and the predecessors in interest of this Island have the opportunity to be present at those hearings. I don't know if they do but it seems to me that we are all bound by these height rules. I don't know if there should be an exception here. You can grant variances for hardship ( ) . I didn't see any in the presentation. If there are valid reasons, fine. An 80 foot microwave tower . A Telephone Company's Microwave Tower in Cutchogue is less than half that height. You can get superb television reception with an antenna dish on the ground. You can speak to anybody in the world with a cellular phone. You can fax through. I don't know that you need a 80 foot Microwave Tower. Maybe there is a reason. I think the same thing is true. Well, let's go back a bit. If you grant the variance. We have a vote a number of years ago when the Cutchogue Fire Department wanted to put in ladders, hook and ladder engines that would fight fires that are higher, fire height. It was voted down by the people because we didn't have any building that were high enough to require those ladders. Chairman: Right Mr. Fenton: And the equipment and the buildings for that equipment, and I think it was intelligent at the time. Now, I think Page 16 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals that Robin's Island is entitled to whatever the fire protection that Cutchogue can afford, and if there is a brush fire, it will be time to get out there and help them. But, if they are going to build buildings that are higher than what we have equipment for, the next step is going to be. Hey, we have to get longer engines to be able to help Robin's Island in case there is a fire. We don't want to get into that. It's a concern, and I've seen things like this snowball, and you have too. The proposal mentions this tower also, I think for water. Again, I don't know. I can get tremendous pressure in my pumping setup with adequate diameter of water lines and pumps, and I would assume he can too. There is a ( ) on the Island that he proposes to use it. With pumping I don't know that he needs an 80 foot water tower but if he can demonstrates that he needs it, that's one thing. I didn't see any of that in the proposal. Lyme Disease. As we know Deer ticks can carry a transited Lyme Disease and they have been Deer on Robin's Island before any of our ancestor's arrived here. And this may represent some threat to those who live nearby. But, I understand many of the Deer have been exterminated, so there will be less problems with Lyme Disease. Moreover because there is more contact between the Tsland and what I'll call, the mainland. Alot of workman come each day. Alot of debris comes and I don't know if anybody has ever studied or looked to what possibilities there are, or whether the Deer on the Island are infected or not. I think something should be done about that. I know of one workman who refused to continue to work on the Island or says he refused to continue to work on the Island because of fear of contracting Lyme disease. I'd like to know, the Community would like to know, has anybody come down with Lyme disease who worked on the Island. Are there any statistics about that. Is there any study about it and is there anything we should do about it. From Plum Island, if you come off the, they decontaminate you on the way. I don't know if it's necessary here but there are Deer there and there is alot more contact now. Should this be something that we should look at. Last item is taxation. Up until now, Robin's Island has been taxed the way the rest of us have been taxed. And I'm basing this on appearances, and I could be all wrong because they talked about this Unitary Island. Somewhere in this thing it seems to be a plan to eliminate part of the Island from being taxed, by calling it a preserve. And I guess this would be a tax exempt foundation of some sort. And it's a creative tax concept and if I was going on to the Island, I guess I would try to do the same thing. But whatever taxes Mr. Bacon doesn't pay the rest of us pay. So we want to be a little bit alert to what's happening, and to what the plan is. If the plan is to let it be taxed as an Island and he pay's on the whole Island, fine. That's the end of that possibility. On the other hand, if we're going to end with 95 0 of the Island being a game preserve and not taxed, 5% tax. I think that you may not want to be a party to that kind of scheme, and I think it's something to be alerted to. I know you're not the Assessor's and you don't get involved in taxation but what you do will effect how this Island get taxed. I don't think the Community is looking to stick it to Mr. Page 17 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Bacon. On the other hand, it's always paid it's taxes and we would like it to continue. Now, this game preserve or this preserve that it is, it's under his complete control and you can't get access to that, except with his permission. I think that's one of the reasons why it should, because of that control, that the whole Island should be taxed. But the vestiges we'd be getting, the signals that we are getting and the contribution that have been reported in the newspaper of a million dollars, to this major conservancy to help them manage the environment aspects of it, nature aspects of the Island, kind of indicate to me and some of my neighbors, that this is the direction that we are heading and I think we should be alert to it. I mean, I'm not saying if you give a million dollars to someone that's a bribe. You know, you apply a women with diamonds, you know, no goes out of her vocabulary. It's a problem. The last thing I have is just a personal observation that, I showed you a picture before, I think I'll leave it with you. I live opposite Robin's Island and always we had Deer that would swim across and visit. Now they weren't Mackay Deer, I don't think. They were Deer and they were there and they were transitory and they could come and go and they do or they used to. They don't come anymore. We didn't have any Deer last year and this whole process of, like keeping it like it was is questionable because we're not getting those Deer because they reduced the Deer population. I'm sure it's managed in a very proper way and it follows along the rules. But nature used to do that and it worked very nicely. I'm not so sure if what is happening is for the best. The other thing is, I showed you another picture. We have a launching place and unfortunately you can't always launch. There is a big sign there that says, "Only bugs 20 feet or smaller". But here this landing ship sitting there, it's got to be 75 feet. Now, it's not Mr. Bacon fault. He doesn't tell them not to do this but some of the men that runs this place are arrogant. They don't care. The oil truck that was there was parked in front of the Post Office this morning, nobody could get to the Post Office without parking quite a distance away. That's not ( ) . Maybe the message has to go down from him to his people that we do live here, and we'd like to be good neighbors but he should educate them. You know, New Suffolk will be here when Bacon's gone and he has to realize that. Thanks for permitting me to say what I have to say. Chairman: OK. We're going to request from Mr. Law that he research every one of these issues. You know, your welcome to react to them tonight but I would rather have you extensively react to them at the next hearing. Your welcome to react to anything at this point. Mr. Fenton: I'm not here in an official capacity representing the people in New Suffolk. I did that when I did that now. I'm here as an individual who has some neighbors who have expressed some of these things. I don't agree with all of these things. I don't mind hunting. I mean, I do it myself. I don't have an aversion to it. I know the Historical part of Robin's Island has been hunting but the Helicopter's, those 80 foot Microwave Towers, I don't know. That's Page 18 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals not what the North Fork is for and I think that's something you have to keep in mind. Chairman: You want to ask him. Member Tortora: Would Kevin's response be part of the Environmental Assessment. Would that be appropriate? Chairman: Well, why not. He can still react to it even though it's part of the Environmental Assessment. It's part of the hearing, yeah. Thank you Mr. Fenton. Mr. Fenton: Your welcome. Mr. Kevin Law: In light of the hour I'll be very brief. I'll be happy to respond more formally to some of the concerns, but I would like to address some of the things Mr. Fenton addressed very briefly if I may. First of all I want to thank him for raising some of the issues that he did raise, and I thing some of the issues, very interesting issues and issues that we try to address and if we haven't been clear, we'll try to be clear on them. So I appreciate his taken the time to come down here tonight to share with us his concerns. First of all, as Mr. Fenton ended is exactly where Mr. Bacon wants. Mr. Bacon wants to be a good neighbor. He's trying to become a part of the New Suffolk Southold Community and he's trying to do the right thing. That's why we've been trying over the past year to seek the input and guidance from various people in the Town before we try to implement anything. And so, we share the same goals with Mr. Fenton. To address his concerns individually. The Helipad, while it's not something that is within the jurisdiction of the board here. But if Mr. Fenton isn't aware that the Helipad is located in the center of the Island near the existing structures, and the primary purpose of the Helipad is for emergency access to and from the Island. Something that in our discussions with the Cutchogue Fire Department they particularly raised, and they were delighted to hear that one was anticipated. And again, it's not going to be used primarily for access to the Island but it's more designed for emergency access and that is the intent of the Helipad. As for the electricity. Again, I'll rest on the comments that you've made by Mr. Chairman and just to add to it that I think that the Environment impact of bringing cables underneath Peconic Bay would far outweigh any impact that some ignition from diesel fuel the generators would create, and we think this is a much more environmental friendly approach to meeting electrical and energies of the Island. As for the school as Mr. Fenton properly pointed out. The only possibility of the Island generating any school population as contained in Mr. Bacon proposal plan was. If the Caretaker was to have any children. We, Mr. Bacon would be responsible for providing access to the New Suffolk Community and that is a condition that we would certainly be willing to entertain with the staff person to the board and to your Town Attorney, and something Page 19 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals like that is something that we would be willing to discuss. As for all the other buildings containing habitable quarters, they'll only be used periodically throughout the Summer or through the hunting season and primary on weekends and we don't see any school age population existing on the Island. As for, again I'll be brief. We're going to address more of the height issues at our next meeting. Just to get on the record. As I notice someone from the media is here, is that the Water Towers and Transmission Towers. There is an exemption provision in the Town Code that exempts them from the height restrictions to the extent that we could address some of his concerns. We tried to address them in our Environmental Assessment and if we need to clarify something, we'll try to clarify that before the next meeting. And for the Taxation issues. Mr. Bacon pays over $100,000.00 a year in taxes. On the property right now. I believe about two thirds of that goes to the New Suffolk School District. I believe once Mr. Bacon begins to implement post plan and starts to construct some of the improvements that he's proposing here, that the Board of Assessors will be over there, and there is likely to be an increase in the assessed value on the Island and that's only to benefit not only the New Suffolk School District but to the Town of Southold in general, because Mr. Bacon is not going to be a demander. of Community services. He will be a big provided of taxes but he won't be a demander of Community service and there is no intention on Mr. Bacon's part, although he's trying to protect the environmental resources of the Island to try to take the property off the Tax Rolls and try to use any tax mechanisms to relieve himself of any property tax burden. So I want you to assure the board and Mr. Fenton and other members of the public here, that that is not the intention here and I believe that the Town and New Suffolk Community will certainly make out when it comes to property taxes. Chairman: Thank you Sir. Mr. Kevin Law: Other than that, I could address some of the other issues more specifically at our February 6 meeting in light of the hour and I thank you Chairman: Thank you Mr. Fenton: One prior ( ) . I think at the present time the Island pays 10% of the Suffolk School taxes. New Suffolk spends between 3 and $400,000.00 a year. Mr. Kevin Law: The point being that Mr. Bacon pays $100,000.00 total. Chairman: Total Mr. Kevin Law: In property taxes. Some of that goes, I believe 20% of that $100,000.00 goes to the County of Suffolk, 20% of that goes Page 20 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals to the Town of Southold and 60% of his 100 goes to reducing the hospital debt. Mr. Fenton: That's what I'm saying. If $60,000.00 came in from him and that would 10%, that would mean New Suffolk is spending $600,000.00, that's not the case. Mr. Kevin Law: I don't want to get into an argument on percentages. I stand by the figures I presented to the Town. Chairman: Thank you. I am not trying to curtail any discussions may exists here but I do want. We developer a new rule that at 10:15 and we have to do some deliberating and if there is somebody that is not going to be at the February 7 hearing, you're very welcome to make a brief comment. If not, I'd like to bid you all a good evening and a safe home. I'll make a motion to continuing this hearing to February 7. All in favor. Noreen Frey Transcribed from Tape Recording January 10, 1996 Hearing Page 10 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals 7:57 p.m. - LOUIS MOORE BACON Project for Robins Island. CHAIRMAN: We want to study the plan prior to the commencement of the hearing in the audience. The plan is up before us so, maybe we'll take a two or three minute recess and walk and get ready to go, we'll do that, ok. I need a motion to do that. All board members were in favor. 8:10 p.m. Appl. of LOUIS MOORE BACON (ROBINS ISLAND) . The Chairman read the legal notice and application for the record. This application is based upon the October 31, 1995 Notice of Disapproval issued by the Building Inspector, the grounds for which read as follows: A.2 Boat House, B1.1 Garage, C.1 Recreation Building, E.4 Garage with staff quarters: all exceed 18' height limitation for accessory structures, Article 111, Section 100-33A. E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building) . E.1 Family Vacation Home, B .1 Lane House, C.7 Caretaker Cottage. E.4 Garage with staff quarters: One family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. . . . Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434 +- acres. Chairman Goehringer: We want to welcome the gentlemen here representing Louis Moore Bacon. We have several maps indicating the particular position of the buildings and the location of the buildings proposed. And we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Plus we have this architectural rendering in front of us. I think we are ready, Mr. Law. Kevin Law, Esq. : Thank you Mr. Chairman. My name is Kevin S. Law, Nixon, Hargraves, Devins,and Doyle, Garden City, New York attorney for Mr. Bacon. I want to thank you very much for having us here tonight, and just to give you some background. It's about two years ago this month that Mr. Bacon acquired the Island. He's been proceeding, I think, in a way that you will find very responsible. He's been, I guess you could call it, doing his "homework" first. He's been trying to determine- he's trying to understand the Island. Over the past few years, he's commissioned a lot of different studies - Environmental Studies, Engineering Page 11 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Studies, Hydrological Studies, to get an understanding for the Island. And then over this past year, 1995 we - I mean, we have sort of a project team here, Jim Thompson, the Architect, chief among them, spent the entire year talking to Town Officials, Member(s) of this Board, Members of the Planning Board, the Town Attorney's office, to get some input and to get some suggestions from the various Town officials. And when we tried to incorporate all of that into our plan before we finally submitted it to the Town about a month ago. One of the constant themes throughout all our discussions with the various Town Officials was to, if we could, avoid subdivision of the Island and to try to work within the existing code. And so, we've tried to be creative in our submittals to you, to try to achieve that goal with both Mr. Bacon and the Town. How we would like to proceed tonight if it's OK with the Board is I'd like to have Jim Thompson first come and give a little bit of the overview of the plan itself. And then, again, if it pleases the board, I would like to spend a few minutes and try to demonstrate why we are entitled to the variances that the Building Department suggests we seek. Mr. Chairman, if that's OK with you. Chairman: Fine. Mr. Kevin Law: I'd like to present Jim Thompson now to discuss the plan. James Thompson, A.I.A. : Good evening. My name is Jim Thompson, I'm architect and project manager for Louis Bacon, office is in Greenwich,Connecticut. I'll try to keep this brief because there's not a lot of new information from what we tried to communicate at the site inspection, but hopefully this presentation makes it a little more tangible than a two dimensional map. As described in the map, we can see four basic areas of the facility development on the Island which have been located and organized in an effort to avoid disturbance of any critical environmental areas and avoid fragmentation of biotic communities on the Island that are deemed to be important to the overall Island ecology so they're is conformance to the owner's goal of having a family residential compound, with an agricultural component that is suitable to location in a critical environment area, which Robins Island was designated by Suffolk County Legislature. So, what we have in scope then is a proposed boathouse and a storage building located at the North end of the Island adjacent to the existing pier. And this is a multipurpose structure that, as we said would be used for vehicle and marine equipment storage and also would be primary location for, what we call community services on the Island, which would be fire protection, life safety and security. North of the boathouse, what we call area B is envisioned as the primary location of guest quarters and what we call the sporting center or hunting center of the Island use as a family compound, Page 12 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals have this aspect to it as a licensed shooting preserve and there is a lot of winter activity associated with that and these. This complex is principally composed of existing structures that are to be renovated. We are seeking variances for two of the new accessories MR. THOMPSON, continued:ut there, which are garage and mechanical services to the Lane Lodge which is known as the shingled structure on the building which was started in the early part of the century and never completed. The center of the Island, what we call the operation center or farm complex, is a fairly substantial list of agricultural buildings proposed, renovation of the two primary agricultural buildings that exist there, and then the construction of the new caretaker's bungalow, farm compound, a communications water tower that's proposed to house telecommunications and fire protection components, and the recreation building for winter time use and indoor sports recreation for family and guests. And then the last component, located on the Southwesterly portion of the Island is what we call the family vacation house, which is actually a complex of three structures: the residence itself, a pool house and a garage with staff apartment and quarters on the second floor. The fourth component of that complex would be an in-ground swimming pool. And as I said, there is a fairly, I guess a total of nine height and use variances that are requested and I'll let Kevin describe that because he's more succinct at that. If there are any questions at this point in the materials that have been submitted, that you had a chance to review that I could possibly answer that I could clarify any of these facilities? Chairman: I'm completely guilty of this because we kind of rushed over the boathouse because of the wind velocity on Saturday. It was my understanding that the boathouse was going to be a drive thru? Mr. Thompson: Yes. Chairman: OK, so. In other words, there will be no roads on either side of it. It will be an actual drive thru? Mr. Thompson: There is proposed to be a ramp on the Eastern side that would allow access to the beach. There is an existing ramp to the beach on the eastern side. Chairman: Right. Right. Mr. Jim Thompson: That is proposed to be continued in use. Chairman: OK. Mr. Thompson: There was a necessity since that is the only point of access for supplies and equipment to the Island, to have some variety of - I mean, we currently use a landing craft to bring all supplies and material. Page 13 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Our long term goal is, to minimize or discontinue use of the landing craft and be able to supply the Island on a periodic basis, using a chartered commercial ferry boat, like South Ferry from Shelter Island, which we think over the long term operation - and frankly, I can't really take credit for inventing that because that because this is how Gardiners Island is supplied and we've had the benefit of trying to learn from their experience over the years. And they are supplied three to four times a year by charter and Ferry boat and it comes over pretty much everything they need is brought in on that kind of frequency. So, we're anticipating emulating that and so on that basis and given exposure of the site, we felt that this was the most compact massing scheme having looked at the idea of having three or four separate structures for storage or garage or whatever. It spread things out and made it a much bigger impact on the site. Chairman: OK. There will be access on both sides of it though, if fire vehicles have to be brought on site? Mr. Thompson: Correct. Chairman: OK Mr. Thompson: If we needed for example to bring emergency vehicles in by landing craft, then there would be access from the beach for that. Chairman: OK, and the actual height of the doors in the boathouse? Mr. Jim Thompson: Fourteen feet. Chairman: OK, and the actual height of the boathouse? Mr. Jim Thompson: The actual height - we're asking for variance to 35 feet. Chairman: That's a mean figure again? Mr. Jim Thompson: Yes, comparable to what is normal on a principal structure on a residential lot. Chairman: Right. OK. Secretary L. Kowalski: Is that one story or two story? Chairman: It's really one story, right? Mr. Jim Thompson: It's one story with a mezzanine. Actually, there's a two story volume in the center and we're proposing a 1500 square foot mezzanine around the perimeter of that volume for storage j and sail, loft, supplies and things. Chairman: OK, not for office area. Page 14 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Mr. Jim Thompson: No. Chairman: OK. The vacation house, we've been calling it that. It's really going to be the main stay of the entire Island. Member Tortora: The principal stay. Mr. Jim Thompson: We're proposing it to be considered the principal use or principal facility on the property. Chairman: Right. Chairman: That's going to be how large in square footage? Mr. Jim Thompson: We're estimating 10,000. to 12,000 square feet, plus the accessories. Chairman: And the accessory building, I have it here. A garage with staff quarters at approximately 5,000 square feet, that cubic feet, 1250 right? Now, that second story, that both stories, total. Mr. Jim Thompson: That's both stories, yes. Chairman: And how many bedroom areas would be anticipated on the second floor. Mr. Jim Thompson: One. It's equivalent to the studio apartment for periodic use by the household staff. It's like a little efficiency apartment. Primary, you know, like a main room, one bedroom and one bath. Chairman: OK, and the swimming pool is how large. Oh, I have that here, 4000. Mr. Jim Thompson: 4,000 square feet. Chairman: And the cabana is 850. And that will house very simply normal sanitary facilities. Mr. Jim Thompson: And there's a powder room there for changing room, and basically it's a shade structure for people. Chairman: Will there be any heat in that at all, do you know? Mr. Jim Thompson: Not anticipating heat in that. Chairman: OK, and just briefly back to the operations area with the large utility area. We're talking about, how many bedrooms in there? Mr. Jim Thompson: We're proposing on the Western side of the farm compound, which is structure C4, to have a dormitory facility with four staff rooms. Again, this will be used principally in the Winter time for over night and water fowl guides and hunting staff that. We Page 15 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals currently are experiences some real concerns from a safety standpoint, of having to transport people to the Island, yes sometimes, 4:00 o'clock or 4:30 in the morning in foul weather. Chairman: Sure. Mr. Jim Thompson: In foul weather which causes a certain amount of trepidation on my part. Chairman: It was interesting last Saturday, and that was during the day. Mr. Jim Thompson: And Saturday was very nice. Chairman: Yes, it was. (changed tape) (Chairman continued to speak - question was not audible. ) Mr. Jim Thompson: It's the only structure on the Island that's inhabited on a year round, full time basis. All the other facilities, the family house, the staff quarters and the guest quarters would only be occupied on a periodic basis. Chairman: OK. And the little buildings that we saw there now, they will actually be taken down? The first aid building? And - Mr. Jim Thompson: Right there, there are a number of the old fur coups and other minor agriculture dependencies, that are proposed in the plan to be demolished. Chairman: OK, but the existing barn to the East of that will be incorporated into that compound. Mr. Jim Thompson: Yes, actually you can see on the Model, we made an effort to differentiate. The darker colored structures, are existing structures to be renovated, and the lighter colors are proposed new structures. Chairman: Great. Wonderful. Mr. Jim Thompson: So, at this point, we made a determination that if it's feasible, feasibility being relative to economics. Mr. Bacon is made a commitment that all related structures on the Island, will be incorporated into the scheme and renovated. Chairman: Except for Duck Inn. Mr. Jim Thompson: Duck Inn we actually consider a minor structure. But, that's located here and it is proposed for demolition. Page 16 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Chairman: Great. Just not to bring you, we can bring you back and forth. Does anybody have any questions? Member Villa: Go ahead. Keep it going. Chairman: You want to go. I guess we'll leave it at the point Jim, and we thank you, all right. Member Villa: I thought you were still asking questions. Chairman: No, I'm all done. You want to ask a question? Member Villa: Yes, I had a question. You're basically going to be hunting on the Island and I read somewhere in the proposal, that it's going to be basically, shotguns. Mr. Jim Thompson: Correct. Member Villa: But you're also going to have a rifle range. Mr. Jim Thompson: We are proposing a target range. Member Villa: Is it going to be enclosed. Mr. Jim Thompson: It's outdoor. Member Villa: It's outdoor. My concern is that rifles carry a long distance if they're discharged in the wrong direction. Whereas a shotgun is basically a short ranged weapon. Mr. Jim Thompson: Correct. Member Villa: I'd be a little concerned. You know, somebody shooting a rifle anywhere in Suffolk County, they can carry two miles. You can do some damage. What kind of precautions are you taking on that? Mr. Jim Thompson: Well, the siting on the proposed range is here on the Eastern side of the Island and the site we selected specifically to allow there to be - there is a steep embankment behind that site and there would be a back stop and the range itself would be constructed to current indoor range design standards. In terms of back stop, it's over a mile and a half to Cow Neck from that location. So, in the remote possibility that there was a ricochet or a false discharge from the location, I think we're well within any contemporary safety standards for a commercial range operation. Again, this is not something that is a commercial facility at all. Member Villa: No, I realize that. You're still discharging a weapon and they carry a long way. That was my concern. Secretary Linda Kowalski: Is that regulated by the State, for licensing. Page 17 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Mr. Jim Thompson: Not it's not. It's allowed, it's an allowed use on a agricultural properties just for recreational. Secretary Linda Kowalski: Just on Robins Island? Usually in Suffolk County you don't have rifle hunting. I was curious. My husband likes to hunt. Mr. Jim Thompson: We're not proposing rifle hunting, just target allowed. Secretary L. Kowalski: Oh, you're not hunting, just target shooting. I was just curious. Thanks. Chairman: Great, OK. Anybody else. Member Doyen: How do you travel about the Island, your provisions are landed there. How do you get them to the main stretch? Mr. Jim Thompson: Let me turn this around. This will help. It's a little larger scale. You'll see on the map, the road system is delineated in two colors. There is a primary road system which is the darker brown, which would be a minimum of 13 foot widths. All the facilities on the Island are accessible by an unpaved road that meets County standards for emergency vehicle access. And then there is the second roads that are not adjacent to the facilities, are held to a 10 foot width to minimize entrance. It's pretty much a one way road system, except for that. There actually has been a commitment by the owner to put in a substantial reduction in the number of roads, and the amount of vehicle traffic on the Island. So at this point, we're--(interrupted) . Member Doyen: So, what's down on those roads are passable and useable. Mr. Jim Thompson: Based on existing roads, all of them are being made passable. In fact, there has been a fairly substantial investment this year to upgrade those roads and make them all weather using basically a sand bed and loam topping from material that sits on the Island itself. Member Villa: So basically you're using materials that won't generate a lot of run off? Mr. Jim Thompson: Correct. There's not intended to be any paved roads at all on the Island. In fact, roads that were adjacent to regulated wetlands are closer to the shoreline and have either been demolished or being relocated out of regulated and adjacent regulated areas at the owner's initiative. Chairman: OK. Page 18 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals kevin Law, Esq. : For the rest of the presentation would it be convenient for the board to have this facing them, and turn these all around or would you rather it face the public? Chairman: No, let them face the public that's fine. Unless you're directing it to us. Thank you. I{evin Law, Esq. : I'll be brief with my further comments. I know I don't need to educate the board about certain provisions of the code, but it may be educational for the members of the public hearing here, and if they'll just indulge me, I'd just like to make a couple of points. As you know, in Robins Island is situated in the R400 District and permitted uses in the R400 District are residential structures, agricultural operations and accessory buildings, and I think it's important to note that Mr. Bacon's plan only includes those types of activities. Also, in that Zoning Code, however, one family detached dwellings are limited to one per lot, and therein lies the challenge to both Mr. Bacon and the board. How do we address that issue? Robin's Island, for those who don't know is viewed as one parcel and one lot in the eyes of the Town. So we have a 435 acre lot that under the Zoning Code is technically only allowed one residential dwelling unit. Traditionally there have been five dwelling units on Robins Island. All the existing structures on Robins Island predate the enactment of the code; and Mr. Bacon's plan calls for only six structures containing habitable quarters. And so, it's only one more than what has historically been on the Island and that's what the plan calls for. The only year round structure containing the dwelling unit would be the caretaker's cottage. All other structures would only be used periodically, throughout the year by either Mr. Bacon, his family, guests, shooting guests, or staff. But, as you know, Mr. Bacon now cannot utilize some of these structures without coming into conflict with the code. So one of the things that we would like to discuss with you tonight is, we'd like to see, we think the Building Department erroneously designated the Mackay Cottage as the principal building on the property. What we would like, our first preference would be, if the board would designate the new vacation home as the principal building on the property, and have all the other structures and those that aren't construed as Agricultural buildings be considered accessory structures, or accessory buildings, even those that contain some habitable quarters - and that would be our initial request to the board. And I note, that in the code, the purpose of the code, it's stated in the very beginning of the code, is to encourage flexibility in the design in the development of land and to preserve large amounts of open space. And I think this plan does exactly that. We would ask that the board exercise its discretion and so designate the vacation home as the principal building, and again have all others be accessory thereto. MR. LAW, continued: I know the board will not be making decisions tonight and so if the board is not so inclined to view it as I just stated, I'd like to discuss reasons why we would be entitled to a Page 19 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals variance for those other structures, if he didn't see it the way I just described. I think there is a distinguishing between, I know there is - there is a legal distinguishing between a use variance and an area variance. And I think what we have here, excuse me, let me back up one minute. As you know, for those in public that don't know. The Building Department suggested that we come to the board for nine different variances. Five height variances for various accessory buildings that exceed the 18 foot limit and one of those height variances for the vacation home which exceeds the 35 foot limit. In addition the Building Department suggested that we seek four use variances from the board for those structures containing habitable quarters. All except the Mackay house, which they construed as the principal building in which we disagreed with. So they are encouraging us to get those use variances. I'd like to maintain that really, what's only required is an area variance for those structures because a residential use in a residential district should not require a use variance. You know, area variances can include density issues. Residential units are permitted in this district and that's what we're seeking here. The essential use of Robins Island is not being changed. It's the area that being changed. And the reason I try to make that distinguishing is because of the standards and what standards you have to meet in order for you to approve our variances, and if you viewed that as an area variance, the less stringent standard of practical difficulties applies - which doesn't mean that we're not prepared to demonstrate unnecessary hardship, if you disagree with that rational thinking that I just explained to you. And I don't want to repeat all our information in our submittals. I trust that you have read them or will be reviewing them and I don't want to overburden you with things that are already in our submittal. So, for those unnecessary hardship issues, I'll rely on our submittals. Although, there is one interesting point I think that needs to be addressed here and that is, some of the structures that already exist, if not granted a variance to utilize them, you know, Mr. Bacon will not, he certainly won't be able to realize the return of his investment because he'll be left with the choice of demolishing the building or keeping the building vacant and having to pay property taxes on it. And so, those are say for the Lane House comes to mind for that use variance. So I think we also meet the criteria for unnecessary hardship from the variances we seek. Although, I think we only need to demonstrate the practical difficulties standards of an area variance. Again, if you'd like I could go into the reasons why I think we're entitled to variances for each of the nine that we seek or I could rest on our submittals which contains all the information and the reasons why I think we are entitled to, and spend the time here tonight for Jim & I to answer some of your questions. But, I'm really willing to do what the board chooses. Page 20 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals And if they do choose to start asking us questions now, I'll conclude and (interrupted) . Chairman: I think you should address some of the reasons for the height. Ok? Kevin Law Esq. : For the height variances. Chairman: Yes. I'm not telling you what to do but, I'm just suggesting that. Kevin Law Esq: We've been seeking suggestions for the past years and they have all been helpful as well and that one is helpful as well. Height variances - five are required, the boathouse being one of them. I think, the way Jim described the boathouse before I'm not sure if he addressed those issues. I think he addressed some of those issues of concern, of why we need a height variance there. Primarily, from a Public safety and life safety point of view, we'd like it to be tall enough to have emergency vehicles to be able to egress or ingress into, and onto the Island. I think also, for those who don't know, there used to be structures right around that same area where the boathouse is proposed. I think the old brick kennel building used to be there and so not that it's a resurrection of a similar type building, but it won't be the first time there would be a building there. But the primary reason we'd seek the height variance is for the emergency access and also because Mr. Bacon is trying to design the Island to be self sufficient. Whereas he's, you know, not to rely on the mainland for the provision of many services, if any services. We're going to need goods and services coming to the Island. So depending upon the size of the truck bringing that goods or service, or some type of delivery to the Island, we think we need the height variance for that structure. Chairman: OK. Kevin Law Esq. : That's the boathouse. As Jim said about 35 feet at the mean. Two other accessory buildings variances are in what we're referring to as Area B, the hunting lodge area and they are the garage and the mechanical services building to the Lane Lodge. And here we're seeking I believe a very insubstantial variance of two feet. The buildings as designed are proposed to be twenty feet, which is two feet above that permitted under the code for an accessory building. And these buildings would go a long way in helping us restore the Lane Lodge which the Town has been encouraging us to do. Of all of the informal talks we've had, they have been very happy that Mr. Bacon intends to restore the Lane Lodge, the Lane house that Mr. Lane, back 60 or maybe 80 years ago. What was it Jim, 1917? Mr. Jim Thompson. 1919. Nevin Law Esq. : Seventy Five years ago had once started and so since the Lane house itself is about 34 feet and change, these Page 21 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals buildings will be behind it and that 20 feet - I really believe that's not a substantial variance and we need those two additional feet the way the building has been designed. To help us with our restoration of the Lane Lodge and also to help us serve and meet the Health and Welfare of the occupants on the Island, because one will be mechanical services building providing -to be utilized as space for both the Lane lodge and I think also to provide some accommodations to the Mackay area. Chairman: So what you're saying is, there will be no visual impact. Mr. Kevin Law: I don't believe there will be any visual impact on them, especially as I said. If you remember, that was finally when it got warm on Saturday, and we finally went through the Lane lodge. It's in the backyard and that's where those two buildings are proposed. And right, I don't think there will be any visual impact especially since they will be almost 15 feet smaller than the immediate adjacent building. Chairman: For the public, everyone should be aware that this building is in miraculous condition for its age, and the status of what it was left at in 1919. Mr. Kevin Law: It surely is, and Mr. Bacon would like to see it restored if we get that use variance. The next building that requires a height variance is the recreation building. That's in the C area off to the Northwest of the farm center and although some may view the entire Island as one big park, there are no recreational facilities on the Island. For those who don't know, Mr. Bacon has four small children and again since there are no playgrounds or parks on the Island, he wants to provide for the recreational needs of his children as well as his family and guests who come onto the Island. And since a lot of the activities, some of the most opportune times when Mr. Bacon desires to be on the Island, during the cold weather months, during the hunting season, there's an necessity for enclosed recreation space, and there is plans for an indoor tennis court. And I'm not a tennis player but it's my understanding that for indoor tennis courts they need to be of a certain height. Jim, maybe you could help me out on this one? The height requirement for a structure containing indoor tennis courts. Also this particular building, most of you who were with us on Saturday, if you remember, were nestled so far into the woods and into the center of the Island, that we believe it will not be visible from the, you know, the mainland. Chairman: What's the height on that facility. Kevin Law Esq: That's proposed at 45 feet. Chairman: Great. Secretary Linda Kowalski: What building is that next to? Page 22 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Member Dinizio: C 2 Secretary: C 2, OIi. I have it. Chairman: So no visual impact. Kevin Law Esq: No, no undesirable change to the community. The nest height variance is for the garage which will contain the studio staff quarters and the family area. This structure is proposed to be 25 feet, so this is going to be seven feet higher than that committed on the code, 18 feet for an accessory building and this is proposed to be 25 feet. Again, I think it's not a substantial variance at seven feet considering the size of the Island. There are no neighbors. It won't be visible from the mainland. It will be smaller than the proposed height of the family vacation house, and again they'll be. It will be set back a little bit into the forest and there will be some plantings on top of the bluff in front of both the vacation home and the garage, which we believe also, provides some cover for structure. Chairman: OK Mr. Jim Thompson: The last structure that the Building Department is suggesting is that we come to you and seek a variance for, is for the height of the vacation home, which is as, either Jim or I eluded to before, as proposed to 45 feet. Ten feet higher than that permitted under the code. Here again, considering the size and the uniqueness of the Island and the fact that, it's really truly the only new dwelling unit that Mr. Bacon proposes for the Island and the use that he construes as being his principal use of the Island, would feel like it's not a substantial request. Again, we feel that we have a taller building. It will be a smaller building footprint and again we seek to construct this to be lower than the tree line. Mr. Kevin Law Esq: Jim, can I interject your point. Mr. Thompson: Absolutely. Kevin Law Esq: There are two mitigating factors that have influence on our request for this variance. First, is a commitment on the part of the owner to keep the structure way back on top of the bluff. The topography of this particular site slopes from west to east which is away from the top of the bluff. So, given that the regulations stipulate that the height of the structure is measured from the average grade around the perimeter to the mean height of the bridge. What we propose to do is keep the structure well back from the top of the bluff, which does induce us to want to raise the name living floor, so that there are views out from the principal rooms over the vegetated buffer to remain over the top of the bluff. So we feel some of this height is a trade off to making concessions to what has been at least what we've been instructed is, good practice in working in adjacent area on a high bluff. In terms of maintaining a vegetated buffer of the native vegetation at the top of the bluff and Page 23 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of .Appeals the setback from the top of the bluff, which as proposed exceeds that which is required under the current regulations. But it does throw us into a situation where if the ground falls away, you sort of need to average that out by elevating the building somewhat. Chairman: We can only use a norm. I can only use a norm of Nassau Point which of course is pretty close to you on that one side. On the Easterly side. And there are some houses over there, that are multi story. When I say multi, more than two. Is this house going to be more than two story's. Kevin Law Esq: It's proposed as two and one half. It's listed in our application as 2.5 with the half story by definition being, those rooms being under the rafters that would have light and air performers. Chairman: OK Thank you. Mr. Jim Thompson: In summer, in height variances, we truly believe that they don't pose no threat to the health, safety and welfare of the community. That there is no undesirable change to either the Island or to the locality, and that the variances are not substantial especially in light of the size of the property. That there will be no environmental impacts. The essential character of the neighborhood and the Island, will remain the same. Chairman: OK. Good Mr. Jim Thompson: Those are the height variances. Chairman: Good. Mr. Jim Thompson: Be prepared to further elaborate on the acquirable quarters, structures containing acquirable quarters if you like or I could rest on my submissions for those. Chairman: No, give us a brief synopsis just brief. Mr. Jim Thompson: Again, the Building Department viewed the Mackay cottage, Mackay lodge, as the principal building and did not require us to seek a variance on this particular unit or structure. The biggest point that some people do that. Chairman: Mrs. Tortora has a question. Member Tortora: How did that determination come about. I can't find that in the records that the Mackay cottage became the principal building. Mr. Jim Thompson: It was there belief. We didn't get a real lot of time to discuss it with them. That the Mackay cottage had to be principal building because a vacation home isn't built yet and they thought that historically, although the Mackay cottage was once the Page 24 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals caretakers. I believe it was space for caretakers and eventually under John Mackay it became more of the principal dwelling. Member Dinizio: If this is your building permit, this is what he should have disapproved and he didn't. He didn't disapprove the failure. It seems to me he didn't even consider it. I mean, you put a plan in for the whole Island. Kevin Law Esq: Right Member Dinizio: And then he comes back and says, even though you want this to be your principal area, which is what you intend to use. It says intended for residential use. Kevin Law Esq: Right Member Dinizio: I'm trying to figure out, why that wasn't considered. Secretary Linda Kowalski: I think I know the answer to that. I don't think there was a request in there to change from the existing established dwelling to the new vacation house. There was no request to him for that. So he assumed that the established dwelling if still going to be principal use. That probably just his in his understanding. Does that explain to him just before he disapproved that. Kevin Law Esq: If I could just refer you to page 3 of that same application Mr. Dinizio. Member Dinizio: Yeah Kevin Law Esq: And there we have Mackay cottage as B 2 and there if you see intended use, there we put accessory. Member Dinizio: Yes, that's exactly what I'm saying. Everything here, everyone of these has accessory except E, area E which you say residential. Kevin Law Esq: Right. It appears to me, I haven't spoken to the Building Department since they issued "Notice of Disapproval" . It would seem to me yes, that they denied our request to construe vacation home as the principal building. Member Dinizio: OK Kevin Law Esq: And they are construing the Mackay home as the principal building. Member Dinizio: Right, ok, but in there disapproval they don't mention that. They just say family vacation home. They don't say that it's going to be residential part of it. Page 25 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Secretary Linda Kowalski: They say that 35 foot height requirement would apply. So if it's a 35 foot height requirement, that would be the principal building. Member Dinizio: Well, there saying Lane house. Secretary Linda Kowalski: That's what that disapproval says, right. It says, E 1, family vacation home exceeds the height limitation of 35 feet. That means, that they are assuming that to be the principal use. Kevin Law Esq: If that's the way the board wants to construe it, of _ course I'd have no problem with that and I did want to share with you that, what our discussions were with them. Member Tortora: There is nothing in the application. I have the same questions that Jim has. There is nothing in the notice of disapproval that states that the Mackay building is viewed as a principal use. There is nothing in the notice of disapproval that sites any portion of the code that even refers to use variance. The proportion of the code sited for notice of disapproval, on one lot one dwelling unit per lot. Member Dinizio: Right Member Tortora: My question to you is this. If this was, I personally don't view this as a use variance because you're not varying the use or the intended use of the land. The intended use of the land is single kind of dwellings and residential etc. as you pointed out. On the other hand, if the board was to view it that way, the area variances as opposed to use variance, three years down the road, four years down the road, what's to prevent you from coming back and saying, we want another accessory dwelling here, here, here, here, here, and here. How many would you be opposed to covenants and restrictions precluding that, down the road? Because it is, right now we're into how many accessory uses and dwellings. Kevin Law Esq: We are into a number. To answer your first question, at this point in time, yes, I would be opposed to covenants and restrictions. To answer your second question. Yes, we are proposing six structures that contain habitable quarters, which is one more than that which historically existed on the Island. Chairman: OK Member Dinizio: I can understand, you know not wanting covenant and restrictions. Can you just give me a rough estimate, just how many lots you could subdivide this up into? I know there was a study at onetime done. Kevin Law Esq: No, it's an excellent question. Right now, there are approximately 435 acres on the property. As you know, R400 is Page 26 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals 10 acre zoning which we believe is the only privately held parcel in that category. I think the former owners might have been asleep at the switch, when the Town tried to rezone the property. The, I think the yield. What we would have to do is submit a yield not to the Planning Board. I think a reasonable yield based on the plans that the County were kicking around about five years ago, when they were trying to do the settlements of the lawsuits. I think 30 would be a reasonable number of the maximum yield of the property. So, you couldn't just take a straight 43 from 435. You know, there are some limited features on the Island that you wouldn't be able to get the yield off of with the wetlands and things. Member Dinizio: Right Kevin Law Esq: But I think there is about 309 acres of buildable property on the Island and if you divide that by 10, I think you'd probably come up with 30 as a reasonable number for a reasonable yield of the property. Member Dinizio: Then, what would it be, I guess. I'm thinking myself, that you wouldn't have to be here if it weren't for the fact that you want height variances. If you subdivided this land, you could build everything here and more, with the exception of the height. You would have to come to us for a variance of the height. Everything else would be covered under any subdivision, am I. Kevin Law Esq: No, you are absolutely correct. Member Dinizio: You're setbacks are all wonderful. Even from the house it's 120 feet from the bluff. You only need 75. So, the only real reason that you are here is, would be here is that, the fact you don't want to subdivide it. No one seems to think that's that a good idea, you or anybody else and the fact that you want to build the houses higher than the mean height level that the Town allows. Is that pretty much. Kevin Law Esq: It's an excellent observation and you're correct because, again, we spent the past year. I think the people at Town Hall got sick of seeing me because we were picking the brains of the various Planning officials and Zoning and the Town Attorney's office, to get their input and it was always encouraged to us. If you could maintain the Historical single family owner, estate of Robin's Island, and avoid subdivision, you know, the Town would be most grateful. Yes you're right. If we were seeking a subdivision, the only reason we would need to come back before the board would be for the various height variances. Member Dinizio: How close to you as far as. I guess I should have asked Jim, as far as giving us some kind of scale of the house? You know, front and back because that is on a slope. Like you say,you're taking a mean average. How high it's going to be in the front facing the water and naturally it's going to be higher in the back. Page 27 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Mr. Jim Thompson: It's going to be higher on the Eastern side which is away from the bluff. Member Dinizio: Are you close to giving us some kind of a. Could you give us some kind of a drawing as to how that's going to look. Mr. Jim Thompson: It's feasible that we could present some kind of sketches at the January hearing, if necessary. They would be. Member Dinizio: They don't have to be. I won't hold you to them. He might but I won't. All I want to do is know what I'm. I think I'm looking at less than 35 feet at the front. Chairman: One day with my conversation with Mr. Law was, corner of building to median height or mean height for January and I was talking. I wasn't actually talking the entire sketch. Member Dinizio: No, I don't think I need that. Chairman: And that was what was thrown out. Kevin Law Esq: That's the only reason that I found it slightly ambivalent that we have made an effort to try to present as rapidly as possible, a comprehensive plan. Chairman: Right. Kevin Law Esq: Use for the entire property. Chairman: Sure. Kevin Law Esq: And unfortunately, in the time available hasn't lessened us, to many hours to really get into the definitive studies of the individual structures. Chairman: Right. Kevin Law Esq: Outside of calculating volume probable envelope based on programs. So, we haven't progressed those individual studies much beyond the massing type studies that we've presented here tonight. Chairman: Right, ok. Shall we. Let's let Mr. Law continue. Kevin Law Esq: I'll begin to conclude and then Jim and I will be prepared for other questions. I know we're not here to discuss SEQRA tonight but I do want to mention some Environmental issues. I think the Model is an excellent Educational tool to inform the public and to educate the public as to the fact that Mr. Bacon intends to be a careful Stewart of Robin's Island. And I think this plan demonstrates that; the Conservation Management principal's that he has adopted and Incorporated into the design of his plan, I think shows, the plan itself. And I think there is the key word, avoids Page 28 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals impact to any significant Environmental Natural Resource. And, we worked with local Environmental groups and commissioned the various studies that we're alluded to and Incorporated them into the design and plan. I think again, with the Maps and Model it can show that, we really tried to develop an Environmental sense of the plan. And along those same lines of the environment, I just want to mention a couple of economic issues. I think the public benefit of the plan, you know, are similar or even maybe out way the private benefits of Mr. Bacon sees because there are many people not just in the Town but in the County that want to see the Island protected and preserved. This plan preserves and protects more than 90% of the Island as you can see. It's very limited area's. Area's that largely been disturbed where the new structures are proposed. I also don't think it's a secret that Mr. Bacon has become. He wants to become part of the community here. Although, he's a Connecticut resident he will continue to remain a Connecticut resident. He is very interested in the Southold community here. He has began to take part in the community here. He's one of the largest employers in the Town of Southold and he's become one of the largest purchasers of local business and services. And probably what's most important, not most important to some but very important to some, is the fact that while most of the property is being left undisturbed the entire property, the entire project stays on the Tax Rolls. And I know that's a particular concern to the people in the New Suffolk District as well as the Town. And so, we truly think it's a win. That the plan itself is a win win. For Mr. Bacon, for the Town, for the local community. I think the strict application of the Code to the proposed plan produces any unnecessary hardships and some practical difficulties that we eluded here tonight. I don't think the hardship is self created. It is unique just by definition of an Island. There a some unique features of the Island. The variances will not change the character of the locality. I believe the plan observes the spirit of the Town code, especially as a code encourages the protection of large amounts of open space. I truly believe that this plan does that. I think the public safety and public welfare are protected. There will be no additional demand on community services. As I said, Mr. Bacon designed the Island to be self sufficient and so while the property remains on the Tax Rolls, Mr. Bacon will not become a demand of community and public services. And I think that's a win for the Town and the community. There's no negative impact to the environment. In fact, most of the plan strengthens and protects the environment and has positive impact on the environment. And the overall plan, the plan has an overall positive effect on the economy. And just in conclusion, I think substantial justice would require approval of the variances we seek. And I thank you for your time and your attention and for your cooperation. I know people in government also, they confuse a lot of things. I want to say that with Linda Kowalski, she's been extremely helpful in guiding Page 29 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals us through this process, because we know it's a unique piece of property and I want to thank her as well over the past month for her guidance and getting us to this point. I know we still have a way to go. I want to thank you again for your time. Chairman: Before you leave, I just want to say two things to the audience. This is a preliminary hearing. There will be at least one more, maybe two hearings on this. They will be in succession. We are planning the next hearing on January 10. That may or may not be a wrap up hearing depending on the situation. Just briefly allude to us in the entire packet where the give backs are with Peconic Land and Trust and Nature Conservatory, and so on and so forth. When I say give backs I'm referring to give back to. Kevin Law Esq: I think, most of you know, Mr. Bacon is, has been and is working with the Nature Conservancy. It's not Peconic Land Trust but Peconic Land Trust is a member of this working group, this Mr. Bacon put together. He's working towards the long term protection of the Island and there have been ongoing talks and negotiation with the Nature Conservancy. It's a, it's no secret that a month or two ago Mr. Bacon and the Nature Conservancy announced their agreement on the fact that, they reached agreement on substantial provisions or substance to provisions of an conservation easement. Various Attorneys are still reviewing that and negotiating the finer points of that. We would like to review it as a confidential agreement between a private individual and 'a non profit Corporation. I think that, it's been proceeding along parallel tracks along with this plan. I think the plan incorporated elements in goals of what Mr. Bacon has been negating with the Nature Conservancy and so the plan has been designed in tandem with that. There is in our minds, absolutely no linkage between the plan and the ongoing force with the Nature Conservatory. I think these are submissions that do not rely on the easement for its approval and I want to be clear on that. That there is no linkage between the two. So, I think the plan stands on some merit. But, that's a long way of saying that, those talks are ongoing. You know, substance and provision has been agreed to. That's about the status of those ongoing discussions with that. Chairman: Good, before you leave. Yes? Member Villa: The statement that was just made that there is no connection. I don't personally. That's not my feeling. You're looking to get extra use here and you're saying, it's a unique piece of property. Granted it is, but it's no more unique than a farmer 1 who owns 100 acres of ground in the Town as one lot and would come back and say. You know, you're considering this as one lot. He has the right to subdivide the same as you do. Now, I don't have a problem giving variances if there are proper safeguards. But what I don't want to see is us granting variances and those safeguards suddenly disappear. Chairman: Right. Page 30 - Transcript of Hearings Regular Meeting - becember 6, 1995 Southold Town Board of Appeals Member Villa: I've been around real estate a long time in my career, my other career, and I've seen things change. I mean, there is nothing to say Mr. Bacon, that God forbid, something could happen to him and he could walk away from his project tomorrow. Next day, sell it to someone else and we're left holding the bag. I think these things go hand in hand and I for one would not be considered in voting for what those agreements are of protecting the land. You alluded to saving 90% of the Island, great. I would love to see it. But, I want to see it and I want to see it in a concrete form. Chairman: Well, I think what Mr. Villa is alluded to and we haven't spoken, there has been no discourse between us on it basically. For us to grant these buildings and these variances which allows them to exist conceivable I mean, and the multiples. There are going to be restrictions. And they be in a form of parameters. They might be in a form of some sort of kind of contingency commitment or covenant. But something is going to exist all right? Only because of the nature of what Mr. Villa said. We have no idea. The man could dump the property tomorrow. Kevin Law, Esq: I want to suggest this to you, Mr. Chairman. I understand those concerns. I don't have all the information and terms. There are different teams working on that. But as I said, there are some confidential discussions on going. Chairman: Right. Kevin Law, Esq: And if it would ever be appropriate perhaps before the next meeting. I don't know if the board goes into Executive Session where we could talk about some of the confidential things that are going on. Perhaps we'll have more additional information on those issues before you at the next meeting. Chairman: We really can only go into Executive Session discussing personnel or outstanding law suits which we really don't want to discuss. Kevin Law, Esq: I'm just suggesting that. I do want to reiterate that I believe the plan submission do not rely on the easement approval. The plan stands on its own merits. Chairman: Sure. I'm just telling you the concerns that we have as individuals. We're trying to safeguard the community and, you know. Secretary Linda Kowalski: Covenants - such as an expansion. Chairman: Yeah. Secretary L. Kowalski: That means that you would have to come back if they ever expanded and then you might want a covenant, and some other covenants. Kevin Law Esq: I see. Page 31 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Chairman: Ok. Any other questions of the attorney? All right. . Town Environmental Cons. Charles Voorhis: Could I ask one question? Chairman: Surely. Mr. Charles Voorhis: We heard a little bit about the boathouse. I heard you say the door height is 14 feet and I was just curious what the additional elevation is according to the used part to the height 35 feet, in the boathouse. Mr. Jim Thompson: We've got a mezzanine proposed around the perimeter of the boathouse, in that center Bay for storage, sail lofts and supplies and what not. And being a boathouse it's also quite convenient and handy if we're actually doing maintenance on boats and what not. We'd be able to raise a mast or use that height for unloading, off-loading. Mr. Charles Voorhis: It wasn't really made clear in the testimony. They were talking about consolidation rather than spreading out. I think that's a very good point. I was just curious about the height and so. Mr. Jim Thompson: Allotted height also begins to be driven by the nature of traditional architecture and the point that' you begin to deal with, tip and gable roofs and ten to twelve pitches and working in a collective vocabulary that you wouldn't hear if you were working building a Ranch house. You're not going to get the same kind of height if your building a single style structure with a fourteen and twelve pitch. So a lot of that is ( ) as well as being able to make it architectural appropriate construction and then deal with the problematic volume as well. Unfortunately there is an intangible there because we're no warehousing the building residential for estate property structures. Mr. Charles Voorhis: I guess from my understanding. See the Model, the orientation of the gable is also such, visually it would be narrower when you're looking at it from North. Mr. Jim Thompson: Yes, the ridge runs north-south which when w , build, minimizes the apparent bulk when you look at it from New Suffolk Beach, for example. Chairman: Good. Mr. Charles Voorhis: Just one other quick one. I know you have done a tremendous amount of study on the Island. This is somewhat related but really on the parameters -- I was just curious if you have a long term concept for the access facilities in New Suffolk. There's fencing there now and I was just curious. Is there any plan for, what will happen there in the long term. Or if this is even considered at this time. Page 32 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Mr. Jim Thompson: At this point it's not. Those are separate, titled parcels and in all honestly that has been something that we have not been able to undertake and ( ) at this point. Chairman: OK. Just for the audience. The gentleman was asking the question is our consultant Mr. Charles Voorhis. I'd like to take approximately a three minute recess again at this point and then again we'll come back and wrap it up. If anyone would like to speak representing groups or individuals, that's fine. I just want to tell you what the parameters are, that we are going to wrap this up about 9:45, so that's where we are. So Ladies and Gentlemen I need a motion. Board Members took break for about three minutes and they will be reconvening at 9:30 p.m. Reconvened at this point. Chairman: Mr. Law, if I could address two issues that came up throughout the hearing. Mechanical building B1.2 at 20 feet, Ok. I don't think that was addressed in the Notice of Disapproval. So therefore we didn't advertise that. And the Caretaker's cottage. How high is that? Kevin Law Esq: The Caretaker's cottage is going to be 25 feet in height. Chairman: OK Secretary Kowalski: They both need height variances. Chairman: Why would a caretakers cottage need a variance? Secretary Linda Kowalski: It's an accessory structure, a Caretaker's cottage, right. 18 feet is the height limit. Chairman: All right. Kevin Law Esq: Construed as an accessory structure, yes. Chairman: Construed as an accessory, right. So, what we need you to do is get that added to the disapproval and we'll re-advertise for the January meeting, so that everything is taken care of and tied up nice and neatly. Kevin Law, Esq: It's the first one. Chairman: Mechanical B 1.2 Secretary: Mechanical building to the Mackay Cottage there. Kevin Law Esq: I think what they did was, I think - B 1.1 is on there. Page 33 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Chairman: Right, but B 1.2. Kevin Law, Esq: They viewed both as one building and they are two separate buildings so I guess we would need an individual height variances for B 1.2. Chairman: So OK. All we're going to do is readvertise for January loth, and we'll incorporate those two as long as you call the Building Department tomorrow, ok. Secretary: And they could also address the Mackay cottages. Kevin Law, Esq: And the Mackay cottage's need for variance; for the Mackay if we'll construe the Vacation home as the principal. Chairman: Right. Kevin Law Esq: And then for the principal, we're entitled to a permit that eventually as a right and only require a height variance. Chairman: Right. Nevin Law Esq: That's fine with us. Chairman: And then the other issue is, the Sunshine Law and Executive Session and so on and so forth. If you would apprise our Attorney of certain issues that you have concerning this area, right, then she will then apprise us of it. That will alleviate the situation of having to deal with it. Kevin Law Esq: I wasn't trying to allude to any secrecy. Chairman: I know. Kevin Law, Esq: I - being the Attorney responsible for those confidential negotiations. Chairman: Right. Kevin Law Esq: I didn't want to speak too much on it. Chairman: Of course. Whatever people do in their own privacy is their own privacy. We don't have any objection to that. Kevin Law, Esq: Thank you. Chairman: So, if you'll just get a hold of Ms. Dowd then we'll discuss it with her, so on and so forth, ok. I think that's all I have at this point. Let's see what develops in the next fifteen minutes and then we'll wrap it up at that point. I wish everybody a Merry Christmas and a Happy New Year and be on our way. Page 34 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Kevin Law Esq: Again, I thank you for your time. Chairman: No problem. Is there anyone that would like to speak in favor of this application? Sir. Mr. Joseph McKay: Go evening. My name is Joe McKay. I'm president of the New Suffolk Civil Association. Chairman: Somehow Mr. McKay, I saw you at the last hearing (on another project) . Mr. McKay: I'm here in a better mood. As I think everybody knows Robins Island along with the two lots on the Mainland side which is currently used as a staging area and location point for Robins Island are part of New Suffolk. The Civic Association frequently comes to criticize construction projects which we believe are contrary to objectives that the Civic Association has for our village. For example: The famous condominium projects in 1982 and the even more famous Marina Bay Club in 1987 and even most recently last month to criticize a little tiny project which was really, quite an offensive one. We have consulted with local architects. When I say local I mean really, people from New Suffolk. Environmental, recreation uses of the local waters and residents, and we feel strongly that in that Louis Bacon acquiring Robins Island and the plans that have been put forth so far, that the best possible use is being made of it and that is a family vacation retreat. And that the' planning thus far has been environmental and esthetically very, very pleasing assuming, I say environmental pleasing, assuming that the easements that have been discussed recently are finalized and completed. We do simply from the Suffolk's point of view, anticipate that the same quality and thoughtfulness will go into the steady upgrading of the New Suffolk Waterfront. Thank you. Chairman: Thank you, Sir. Anybody else like to speak in favor. Anybody like to speak against, ok. Any wrap up of anything from the ladies and gentlemen on the board? Member Dinizio: Yeah, could I just ask a question of this map right here? There are numbers on the side, underneath there is a 10 and a 275500. What does that stand for? Mr. Jim Thompson: I'd like to answer. Those are New York State Plane Coordinates Geometry references which are standard names of tieing all property in the State of New York to a horizontal bridge. Member Dinizio: OK, it's not footage. Mr. Jim Thompson: No. Member Dinizio: In other words it's not 500 feet per square - . Page 35 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Mr. .Jim Thompson: The ( ) that is shown on the map is 500 feet on the side and is roughly 6.25 acres and each of those ( ) . The entire State of New York has a map Member Dinizio: Thank you. Member Tortora: The only other question I had was on the setback on the vacation house. I received your note. Could you establish a marker on the top of the bluff, so we have a permanent marker, to know where the top of the bluff is. Mr. Jim Thompson: I'd like to answer that question as well. We've just recently, the top of the bluff is a difficult item because it tends to move. Member Tortora: Yes I know. Mr. Jim Thompson: So constantly putting a marker on the top of this bluff is a sort of an oxymoron. We are just volunteering the fact that we are presently waiting for a study to be completed by a Coastal Geologist who discovered in the Natural Archives records of the shoreline of Robins Island, and the Associated kind of area back to 1828. By February they anticipate giving us an overlay study that will give us 150 year history of the movement on that shore. I think we'll be able to demonstrate at that point, what are relative to build using a safe margin. This is part of the reason we've been a little redundant to agree to some arbitrary measure from a dynamic point and then take a position that we conform to, beyond any of the currently mandated setbacks from top of bluff. As far as trying to put a marker where top of bluff is at this point, I think there is no realistic or practical way to do that. Secretary Linda Kowalski: Is there a flat area that you can use, that's landward on the top of the bluff. Mr. Jim Thompson: We can establish a benchmark that is a measured distance landward of the current edge. Secretary Linda Kowalski: That's probably what she means. To have something. Mr. Jim Thompson: That's a moving target. We really don't know what current stability there is and what rates recession plays at this point. Member Tortora: I understand your problem. The only thing is, when you say that you'll meet the parameters of the code, we don't have any way of knowing whether you're going to do this or not, unless there is a marker there. And particularly since, I think this is one of the last buildings that will be constructed. Would it be about three years from now? Page 36 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Mr. Jim Thompson: That's where we have it on a construction agenda. But you do have a method of certifying compliance and conformance through the normal inspections process and the enforcement of the ordinance and permits that are issued by the Town in the Building Department? Member Tortora: If we have a top of the bluff. That's the problem. Secretary Linda Kowalski: That's based on a survey that is certified and submitted to the Town. So, the survey would have to establish a marker before he could certify that too, right. Normally? Chairman: Well, there's always a possibility that .you may get this thing faster than February also, that would then give us. Mr. Jim Thompson: We're more than happy to establish a mutual agreement point. I think that it's important for the record that people understand that there's a relativity issue here and it's not a fine line member thing, that back occurred or something. Chairman: Right. Mr. Jim Thompson: In a more stable situation in terms of -. Member Tortora: Why don't we think about it and discuss it a little more so that we have some more clearance then. Chairman: OK, hearing no further comments I'll make a motion closing the hearing. I'm sorry, recessing the hearing for the next regularly scheduled hearing which is, and I hope the board will go along with January loth. And I offer that as a resolution. Member Dinizio: Seconded. Member Tortora: Do you want to make that one what is predicated. Secretary Linda Kowalski: I can't hear you, Lydia, I'm sorry. Member Tortora: Should we make that predicated on, when we get everything back from -. Chairman: Well, no. We'll just do it, what we have to do at that hearing and then we'll continue it if we don't have everything back. Secretary Kowalski: When you go down there, I'd like you to add the other Resolution. Chairman: Sure. And that would be if the disapproval is amended, that we also readvertise. Chairman: Definitely readvertise. Secretary Kowalski: For the January 10 meeting. Page 37 - Transcript of IIearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Chairman: Yes. Secretary Linda Kowalski: Are you including that in the same Resolution? Or two separate ones? Jerry made the first motion to recess it. Member Dinizio: Wait, wait. We got a draft from Chic. We got a draft - are we going to submit that to them? Chairman: Yes. Member Dinizio: Are we doing that now? Chairman: No. We're not going to do that now. The question is, before we vote on a Resolution we have certain concerns from our consultant and by separate letter we will inform you of those concerns. Between this hiatus period and hopefully you'll have time to address those concerns in January. Secretary: Aren't we going to do the (proposed) December 9th resolution? Chairman: Yes. Secretary Kowalski: Regarding the three agencies. Chairman: Yes, we're going to do that separately, ok. Secretary Linda Kowalski: So three Resolutions. Chairman: I want to talk to Chic for one second before we do that. Secretary Linda Kowalski: OK Chairman: And, so right now I'm asking to recess the hearing until January loth and thereby establish a meeting on January loth. So I'll do that as a same Resolution. Member Tortora: Continuation of the Public Hearing. Chairman: Continuation of the Public Hearing and a full Agenda. Member Tortora: Seconded. Chairman: OK, so you seconded it. All in favor say Aye All: Aye. Chairman: OK, now you want a Resolution for what? Secretary Linda Kowalski: Well, as to the Lead Agency you were going to discuss that. Page 38 - Transcript of Hearings Regular Meeting - December 6, 1995 Southold Town Board of Appeals Chairman: Well, I want to talk to Mr. Voorhis. Secretary: We'll do that after you discuss that. Chairman: Right and what else. Member Tortora: We will advertise for the additional variances requested. Requirements on the two. Chairman: OK, I'll seconded it. Member Tortora: On the two structures. Chairman: All in favor? Aye. Members: All Ayes. Chairman: Great. That concludes the public hearing portion of the meeting. We will be here for deliberations and I do want to have one second of time with our consultants and then we'll go on to Lead Agency basis of this particular Agency for SEQRA, which is a State Environmental Quality Review Act. We thank everyone for their courtesy. This is a learning experience for the board and being the preliminary hearing, we have taxed, we have everything in the office if anyone feels that they want to avail themselves, they are welcome to stop by and read anything that's been submitted at' this particular time. You should at least allow two or three hour block of time in doing something because it is rather voluminous and it's very interesting. We thank Mr. Thompson, Mr. Law and all the gentlemen that came in and brought all this great visual aid stuff for us here tonight. It helped us dramatically and it also helped the public understand it. Secretary: And they also helped the office with a lot of extra copies. Thank you. Chairman: That was really great. The Maps again Mr. Thompson, absolutely fantastic. Great job. We thank you. (Note: This hearing to continue and reconvene on January 10, 1996) . Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEW YORK 11530-4838 POST OFFICE BOX IOSI (61B) 427-2650 '(516) 832-7500 ROCHESTER.NEW YORK 14603 (716) 263-1000 1600 MAIN PLACE TOWER FAX,(516� BUFFALO,NEW YORK 14202 SUITE>00 (716) 853-BI00 I LLLL�JJJ ONE THOMAS CIRCLE ` WASHINGTON,D.C.20005 437 MADISON AVENUE ( . 1T 12021 457-5300 NEW YORK,NEW YORK 1002a D WRITER'S DIRECT DIAL NUMBER: (212) 040-3000 I (516)832-7540 J February 20, 1996 Honorable Jean W. Cochran Supervisor, Town of Southold Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Robins Island Dear Supervisor Cochran: First of all I' d like to wish you belated congratulations on being elected Supervisor of the Town of Southold. I trust your transition has been proceeding smoothly. I represent Louis Moore Bacon who, as you know, is the owner of Robins Island. As you also know, Mr. Bacon currently has several applications pending before the Zoning Board of Appeals . Mr. Goehringer and Ms. Kowalski have been extremely helpful to this process, for which we are very grateful . I was hoping things were a little less hectic than they might have been in January, to the point where you could spare some time to meet with me and James Thompson, Mr. Bacon' s architect and manager of the Robins Island Project . We would like to bring you up to date as to Mr. Bacon' s plans for the Island and the positive economic benefits Mr. Bacon has been creating for the Town. We would also like to bring to your attention a couple of activities where Mr. Bacon may require the assistance of the Southold Town Board on, and thus we would like the opportunity to share those issues with you and seek your guidance and input on the same. GC01:35379 Nixon, Hargrave, Devans & Doyle ur Honorable Jean W. Cochran February 20, 1996 Page 2 While I know your schedule is very busy, we would be willing to come in and discuss these items with you at a date and time that would be most convenient to you. Thank you for your consideration of this request . I look forward to receiving a response from you. Very truly yours, evin S . Law KSL:cm CC : Louis M. Bacon James A. Thompson GC01:35379 DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration made this _ day of May, 1996 by Louis Moore Bacon, residing at 44 Mayo Avenue, Greenwich, Connecticut, hereinafter referred to as the "Declarant" ; WITNESSETH WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate near the North Race of Great Peconic Bay, in the Town of Southold, County of Suffolk, State of New York, commonly called Robins Island, being the premises described in a deed dated December 28, 1993 and recorded on February 1, 1994 , in the Suffolk County Clerk' s Office at deed Liber 11662 , page 762 (hereinafter referred to as the "Premises" ) ; and WHEREAS, the Declarant applied to the Board of Appeals for the Town of Southold ( "Board") for several variances from Article III, Sections 100-33A, 100-31C, 100-231 and 100-31A of the Southold Town Zoning Ordinance and Bulk Schedule applicable to the R-400 Zone District for several existing and proposed buildings and structures as identified on the schematic diagram entitled "Robins Island Proposed Plan" (the "Plan" ) , dated November 6, 1995, prepared by James A. Thompson, Architect, 2 Lafayette Court, Greenwich, Connecticut 06830; and WHEREAS, the Board granted the variances as set forth in the "Findings of Fact and Determination, for Application Number 4354 - Louis Moore Bacon (Robins Island) " adopted on March 6, 1996 and filed with the Southold Town Clerk on March 8, 1996, subject to certain conditions and required that such conditions be set forth in recorded covenants and restrictions . GC01:37572 NOW, THEREFORE, Declarant declares that the aforesaid Premises is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: 1. The height' and sizes of the following existing and proposed buildings requiring variances shall be no higher than as follows : a) Boat House (A. 2) - 29 . 6' height at 1-1/2 stories . b) Lane Lodge (B. l) - 25' height at 2-1/2 stories . c) Recreational Building (C. 1) - 45' height at 2 stories . d) Caretaker Cottage (C. 7) - 25' height at 2 stories. e) Family Vacation Home (D. 1) - 45' height at 2-1/2 stories . f) Garage building with staff quarters (D.4) - 25' height at 2 stories. 2 . It shall be understood that the "Family Vacation Home" (D. 1) will be (is) the "principal building" and "principal use" , and all other buildings described in the Plan are subordinate and accessory thereto. Accordingly, the following buildings shall be permitted as unattached extensions to and subordinate and accessory to the principal building described as follows : a) The Mackay Cottage building (B. 2) is an extension of use which shall be subordinate and accessory to the principal building and may contain a living area and a single kitchen; Height as currently defined under "Section 100-13 Definitions" of the Southold Town Zoning Code. GC01:37572 -2- � • a (b) the Lane Lodge building (13 . 1) is an extension of use subordinate and accessory to the principal building and may contain a living area and a single kitchen; (c) the Caretaker' s Cottage building (C. 7) is an extension of use subordinate and accessory to the principal building and may contain a living area and a single kitchen; (d) the Garage with Staff Quarters building (D.4) is an extension of use subordinate and accessory to the principal building and may contain sleeping accommodations an �L.ccs t',...c.. —� l.,• a.. .L k.�,� microwave-cooking accommodations, for periodic use by vacatic house staff, and shall not be rented separately from the other buildings, nor treated as a dwelling or separate living unit, (unless further application and approval or waiver is granted by the Board for modification) . 3 . In the event the Family Vacation Home (D. 1) is never built, the Mackay Cottage (B.2) will become, or return to, the principal building (unless the Board designates otherwise) , and other buildings will remain accessory to it . 4 . The Boat House building (A.2) shall be an accessory building subordinate to the principal building limited to office and lounge areas for security personnel and staff, as well as for docking and storage of boats used by the owner and the owner' s family, their employees and guests (as needed for transportation, security, family activities, and other island-related uses) . No kitchen accommodations are permitted in this building (unless further application and approval or waiver is granted by the Board for the modification) . 5 . The Agricultural-Maintenance Compound (C.4) may contain periodic sleeping accommodations and a single, shared-kitchen facility for up to four persons;°("'arid not as "a separate dwelling or guest unit (unless further application and approval or waiver GC01:37572 -3- is granted by the Board for the modification) , as well as permitted agricultural activities including, but not limited to, workshops, fuel storage and other storage uses . 6 . Additional future enlargement or expansion of those ` buildings containing habitable g g quarters shall require written notification to the Board, and if deemed necessary by the Board, further application for the new expanded areas will be required. 7 . To the greatest extent practicable, the presently existing, naturally vegetated 20 ft .° buffer between the proposed Family Vacation Home (D. 1) and the top of the bluff shall be maintained and replaced only if necessary due to damage by environmental conditions, unless otherwise determined by the Board at a future date . 8 . The Family Vacation Home (D. 1) shall be setback 100 feet, or more from the top of the presently existing, undisturbed bluff areas . 9 . All buildings and structures shall meet or exceed Town requirements and regulations for setbacks from bluffs and beaches as required by appropriate environmental agencies . 10. All roads shall be adequate for safe, emergency access in accordance with recommendations that may be made, or in agreement with the local fire district having jurisdiction thereunder that may be entered into. 11. All fencing for the tennis court shall not exceed a total height at 10 feet above natural grade; and there shall be no 1 lighting for after-dark tennis court use unless otherwise approved or waived by the Board. GC01:37572 -4- 12 . The owner must obtain written approvals from the Southold Town Building Department, Suffolk County Department of Health Services, and other applicable governmental agencies, as may be required, before commencing each respective construction activity, including approvals for the storage of hazardous or toxic materials on the island as may be regulated under Article 12 of the Suffolk County Sanitary Code. 13 . Exterior lighting, if any, must be shielded to the ground and not be adverse to neighboring areas . 14 . Electrical and plumbing utilities are permitted in all buildings . Except as otherwise applied for and approved by the Board, all other accessory buildings shall be utilized for storage and uses as set forth in the Zoning Code (presently referred to in Section 100-33) which outlines specific uses or activities allowed in accessory buildings . 15 . Notice, and where required, written application shall be made to the Board for any change, modification, alteration to the Plan. The Board reserves the right to require a new public / hearing and may take action (under its jurisdiction) as it deems necessary. Nothing shall be construed herein to prohibit the applicant from constructing other buildings and structures pursuant to law, provided variances and other approvals where required are obtained. 16 . Where applicable the owner must obtain approvals from the Federal Aviation Administration, Southold Town Board, New York State Department of Environmental Conservation, Suffolk County Department of Health Services, Southold Town Building Department and any other agency having jurisdiction over the proposed activities set forth in the Plan) GC01:37572 'S- 17. Approval is required by the Southold Town Planning Board (and other applicable agencies) in the event that a subdivision is proposed for the property. Any type of new development, other than a proposed subdivision, will require written notice to the Board, and/or further approval and/or waiver by the Board or other agencies where appropriate. Such changes will be governed by the laws and regulations in effect at the time of those future U applications and other agency actions, or variances that be granted therefrom. Nothing shall be construed by any of these conditions to limit the potential yield of the entire property as may be determined by the Planning Board in the event a subdivision is ever proposed for the premises . 18 . The applicant agrees to advise the Board in writing (briefly - one page) as to the construction status of this Plan every year commencing April 1, 1997 until fully implemented and to advise the Board at that time, in writing, of any changes, modifications, alterations, or other proposals in this Plan, except that accessory buildings and structures, agricultural buildings, sheds, storage buildings, gazebos, and other code- permitted accessory buildings will not be required as part of a status report . 19 . The Board, or its representative, reserves the right to inquire as to the status of any portion of the project at any time, particularly if the owner fails to show intent to commence construction, or fails to continue construction activities within the time period authorized under town building permits . 20 . The Family Vacation Home (D. 1) may not be leased or rented separately from any of,,the accessory buildings, unless otherwise agreed to by the BoardCor unles a subdivision application for the premises is approved by the outhold Planning Board. All GC01:37572 PAZ I terms and conditions herein shall be binding on all lessees and/or lessor (s) . 21. Any lease or other type of possession of the premises or of its agricultural acreage and hunting operations shall be in compliance with all applicable rules and regulations of the Town Code. Any and all hunting operations or hunting-related activities shall be limited to non-commercial purposes and be consistent with the use of Robins Island as a private shooting preserve as licensed by the New York State Department of Environmental Conservation. Any change in this use will require the approval of the Board. 22 . The Lane Lodge (B. 1) may be used as guest quarters with a single kitchen for up to twelve non-paying guests and employees of the owner of the property. This building may be used periodically but not more than 180 days per year unless otherwise determined by the Board, or unles a subdivision application for the premises is approved by the Sou hold Planning Board. n nCU STC©Cb . 23 . The new Caretaker Cottage (C. 7) shall be an accessory -- building with three bedrooms and a single, full kitchen facility. A caretaker employee and his/her immediate family may reside year-round in this building for purposes of monitoring the island. 24 . The Mackay Cottage (B. 2) may contain guest quarters and a single kitchen and may be used for overnight accommodations for up to six shooting staff or non-paying guests of the owner of the property. The Mackay Cottage may be used periodically, but not more than 180 days per calendar year unless otherwise determined by the Board, or unless a subdivision application for the premises is approved by the Southold Planning Board. GC01:37572 -7- 25. The Agricultural-Maintenance Building (C.4) shall be permitted for agricultural use. In addition to housing the equipment needed to maintain the island, storing fuel for the island' s heating and electrical needs and the workshops, the proposed dormitory quarters in this building may be used as sleeping accommodations with a shared kitchen facility for overnight stays of up to four employees of the owner of the property. These quarters may.only be used periodically and not more than 180 days per year unless otherwise determined by the Board. 26 . The Recreation Building shall be an accessory building and is granted a height variance to allow its mean height of 45 feet, with the understanding that nearby trees will largely mask the height from off-island observers. The owner agrees to use his best efforts to maintain a visual buffer. This shall not preclude the owner from normal maintenance of the trees . 27 . The owner agrees to provide transportation for all school age children residing on the premises and attending school on the main land at his own cost and expense . 28. The owner agrees to allow the Building Inspector and/or an authorized representative of the Board to inspect the premises, and buildings and structures, pursuant to Article XXVIII, Section 100-280-b of the Zoning Code, and at reasonable times, after reasonable notice to the property owner or authorized representative listed on the town' s tax assessment rolls to ensure compliance with the covenants and conditions established by the Board of Appeals . Unless otherwise agreed, notice shall be by certified mail to Mr. Louis M. Bacon, c/o Kevin S. Law, Esq. , Nixon, Hargrave, Devans & Doyle LLP, 990 Stewart Avenue, Garden City, New York 11530 . GCO1:37572 -8- 29. In the event the owner, or his representative (s) , fails to comply with any of these conditions and/or covenants, and fails to remedy the noncompliance cited by the Board, Building Inspector, or other authorized enforcement officer or agency, pursuant to Article XXVIII, Section 100-280-b (Enforcement Provision) of the Zoning Code, for that building or structure, the approval for the particular activity, building or structure under this determination cited for noncompliance shall cease and be of no further effect . This condition shall not preclude the owner from converting the subject building or structure which is the nature of a zoning violation or noncompliance, to that which is permitted as authorized by the Building Inspector to conform with Chapter 100-Zoning of the Southold Town Code . 30 . Any and all of the above conditions may be removed, withdrawn, modified, changed, or otherwise altered subject to further action by the Board, and nothing shall be construed herein to prevent the owner to make further application to the Board for the same . IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day of May, 1996 . UK Louis Moore Bacon STATE OF NEW YORK ) ) SS . : COUNTY OF ) On the day of May, 1996 personally appeared Louis Moore Bacon to me personally known and known to me to be the same person described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Notary Public GC01:37572 -9- Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE ALBANY, NEW YORK 12207 CLINTON SQUARE f5161 92J-26E0 GARDEN CITY, NEW PORK 11530-4838 .POST OFFICE BOX loss '(516) e32-7SOO ROCHESTER,NEW YORK 14603 1600 MAIN PLACE TOWER FAX:(516) 632-755B O161 263-1000 BUFFALO,NEW YORK 14202 (1I6) 053-BI00 SUITE 700 ONE THOMAS CIRCLE //////++te�a+ 2 (�437 MADISON AVENUE C.20005 NEW YO RY...NEW YORK 10022 LLLO�� �`// i� 5300 12121 940-3000 ` WRITER'S I DIAL NUMBER: ($IIP)IB32-7640 I1�I V L /I,�Cx\-CL_ec 1�� S May 13 , 1996 c ,1P ��h3 L(7y au✓J Laury L. Dowd, Esq. Town Attorney Southold Town Hall 53095 Main Road Southold, New York 11971 RE: Robins Island Dear Laury: Enclosed please find a copy of the Declaration of Covenants and Restrictions recorded with the Suffolk County Clerk' s office on May 10, 1996 . Thanks for your comments . Sincerely, ,'z1 Kevin S. Law KSL:cm Encl . Cc : Linda Kowalski GC01:3R642 BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 'II SUFFOLK COUNTY CLERK 2 3 rn upa 11773 Pc 522 to > , nn� M o r> Number of pages r—or" G TORRENS n„ , , CP 4?OO (J [7 Serial# Certificate# rn Prior Ctf# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 41 FEES Page/Filing Fee Mortgage Amt. Handling 1.Basic Tax TP-584 2.SONYMA Notation Sub Total EA-5217(County) Sub Total 3. Spec./Add. EA-5217(State) TOT.MTG.TAX _ RP.T.S.A 3�,_ � Dual Town_Dual County_ „ Held for Apportionment Comm.of Ed. 5_._00_ Transfer Tax Affidavit Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total family dwelling only. YES_ or NO_ Other GRAND TOTAL If No,see appropriate tax clause on page# of this instrument. Real Property Tax Service Agency Verification Title Company Information Dist Section Block Lot �.� ioo0 �Izao cs.c?o 0� 900� hd✓an)aae 7,fle l+nane,l 5 /8 �b 'Company Name 1000 4.60 0,300 005000 Title Number FEE PAH)BY: Cash_Check Charge Payer same as R&R_ 'L1�"t D Ll 6-rL OR: C� 1 ✓\q J9 S RECORD & RETURN TO 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Dee laraWo of ofP-9 made by: mm () (� (Deed, Mortgage, etc.) l b aq Our Q n o The premises herein is situated in SUFFOLK COUNTY, NEW Y,fORK. TO In the TOWN of JcDU�h��(I In the VILLAGE or HAMLET of i .�"`--� „ ! Mf �� DECLARATION OF COVENANTS AND RESTRICTIONSi�� This Declaration made this 8th day of May, I Louis Moore Bacon, residing at 44 Mayo Avenue, Greenwich, Connecticut, hereinafter referred to as the "Declarant" ; WITNESSETH WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate near the North Race of Great Peconic Bay, in the Town of Southold, County of Suffolk, State of New York, commonly called Robins Island, being the premises described in a deed dated December 28, 1993 and recorded on February 1, 1994, in the Suffolk County Clerk' s Office at deed Liber 11662, page 762 (hereinafter referred to as the "Premises" ) ; and WHEREAS, the Declarant applied to the Board of Appeals for the Town of Southold ( "Board" ) for several variances from Article III, Sections 100-33A, 100-31C, 100-231 and 100-31A of the Southold Town Zoning Ordinance and Bulk Schedule applicable to the R-400 Zone District for several existing and proposed buildings and structures as identified on the schematic diagram entitled "Robins Island Proposed Plan" (the "Plan" ) , dated November 6, 1995, prepared by James A. Thompson, Architect, 2 Lafayette Court, Greenwich, Connecticut 06830; and WHEREAS, the Board granted the variances as set forth in the "Findings of Fact and Determination, for Application Number 4354 — Louis Moore Bacon (Robins Island) " adopted on March 6, 1996 and filed with the Southold Town Clerk on March 8, 1996, subject to certain conditions and required that such conditions be set forth in recorded covenants and restrictions . NOW, THEREFORE, Declarant declares that the aforesaid Premises is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land: GC01:37572 1. The height' and sizes of the following existing and proposed buildings requiring variances shall be no higher than as follows : a) Boat House (A.2) - 29 . 6' height at 1-1/2 stories. b) Lane Lodcre (B. l) - 25' height at 2-1/2 stories. c) Recreational Building (C 1) - 45' height at 2 stories . d) Caretaker Cottage (C 7) - 25, height at 2 stories . e) Family Vacation Home (D 1) - 45' height at 2-1/2 stories . f) Garage building with staff quarters (D 4) - 25' height at 2 stories . 2 . It shall be understood that the "Family Vacation Home" (D. 1) will be (is) the "principal building" and "principal use" , and all other buildings described in the Plan are subordinate and accessory thereto. Accordingly, the following buildings shall be permitted as unattached extensions to and subordinate and accessory to the principal building described as follows : a) The Mackay Cottage building (B. 2) is an extension of use which shall be subordinate and accessory to the principal building and may contain a living area and a single kitchen; (b) the Lane Lodge building (B. 1) is an extension of use subordinate and accessory to the principal building and may contain a living area and a single kitchen; (c) the Caretaker' s Cottage building (C. 7) is an extension of use subordinate and accessory to the principal building and may contain a living area ' Height as currently defined under "Section 100-13 Definitions" of the Southold Town Zoning Code . GC01:37572 -2- and a single kitchen; (d) the Garage with Staff Quarters building (D.4) is an extension of use subordinate and accessory to the principal building and may contain sleeping accommodations and, rather than a permanent kitchen facility, microwave-cooking accommodations, for periodic use by vacation house staff, and shall not be rented separately from the other buildings, nor treated as a dwelling or separate living unit, (unless further application and approval or waiver is granted by the Board for modification) . 3 . In the event the Family Vacation Home (D. 1) is never built, the Mackay Cottage (B. 2) will become, or return to, the principal building (unless the Board designates otherwise) , and other buildings will remain accessory to it . 4. The Boat House building (A.2) shall be an accessory building subordinate to the principal building limited to office and lounge areas for security personnel and staff, as well as for docking and storage of boats used by the owner and the owner' s family, their employees and guests (as needed for transportation, security, family activities, and other island-related uses) . No kitchen accommodations are permitted in this building (unless further application and approval or waiver is granted by the Board for the modification) . 5 . The Agricultural-Maintenance Compound (C.4) may contain periodic sleeping accommodations and a single, shared-kitchen facility for up to four members of the agricultural staff, and not as a separate dwelling or guest unit (unless further application and approval or waiver is granted by the Board for the modification) , as well as permitted agricultural activities including, but not limited to, workshops, fuel storage and other storage uses . Gcoi:37572 -3- 6. Additional future enlargement or expansion of either the structure or use of those accessory buildings containing habitable quarters shall require written notification to the Board, and if deemed necessary by the Board, further application for the new expanded areas will be required. 7. To the greatest extent practicable, the presently existing, naturally vegetated 20 ft . deep buffer between the proposed Family Vacation Home (D. 1) and the top of the bluff shall be maintained and replaced only if necessary due to damage by environmental conditions, unless otherwise determined by the Board at a future date . 8 . The Family Vacation Home (D. 1) shall be setback 100 feet, or more from the top of the presently existing, undisturbed bluff areas . 9 . All buildings and structures shall meet or exceed Town requirements and regulations for setbacks from bluffs and beaches as required by appropriate environmental agencies . 10 . All roads shall be adequate for safe, emergency access in accordance with recommendations that may be made, or in agreement with the local fire district having jurisdiction thereunder that may be entered into. 11 . All fencing for the tennis court shall not exceed a total height at 10 feet above natural grade; and there shall be no lighting for after-dark tennis court use unless otherwise approved or waived by the Board. 12 . The owner must obtain written approvals from the Southold Town Building Department, Suffolk County Department of Health Services, and other applicable governmental agencies, as may be cco1:37572 -4- required, before commencing the respective construction activity, including approvals for the storage of hazardous or toxic materials on the island as may be regulated under Article 12 of the Suffolk County Sanitary Code. 13 . Exterior lighting, if any, must be shielded to the ground and not be adverse to neighboring areas . 14. Electrical and plumbing utilities are permitted in all buildings . Except as otherwise applied for and approved by the Board, all other accessory buildings shall be utilized for storage and uses as set forth in the Zoning Code (presently referred to in Section 100-33) which outlines specific uses or activities allowed in accessory buildings . 15. Notice, and where required, written application shall be made to the Board for any change, modification, or alteration to the Plan. The Board reserves the right to require a new public hearing and may take action (under its jurisdiction) as it deems necessary. Nothing shall be construed herein to prohibit the applicant from constructing other buildings and structures pursuant to law, provided variances and other approvals where required are obtained. 16. Where applicable the owner must obtain approvals from the Federal Aviation Administration, Southold Town Board, New York State Department of Environmental Conservation, Suffolk County Department of Health Services, Southold Town Building Department and any other agency. 17 . Approval is required by the Southold Town Planning Board (and other applicable agencies) in the event that a subdivision is proposed for the property. Any type of new development, other than a proposed subdivision, will require written notice to the GC01:37572 -5- Board, and/or further approval and/or waiver by the Board or other agencies where appropriate. Such changes will be governed by the laws and regulations in effect at the time of those future applications and other agency actions, or variances that be granted therefrom. Nothing shall be construed by any of these conditions to limit the potential yield of the entire property as may be determined by the Planning Board in the event a subdivision is ever proposed for the premises. 18 . The applicant agrees to advise the Board in writing (briefly - one page) as to the construction status of this Plan every year commencing April 1, 1997 until fully implemented and to advise the Board at that time, in writing, of any changes, modifications, alterations, or other proposals in this Plan, except that accessory buildings and structures, agricultural buildings, sheds, storage buildings, gazebos, and other code- permitted accessory buildings will not be required as part of a status report . 19 . The Board, or its representative, reserves the right to inquire as to the status of any portion of the project at any time, particularly if the owner fails to show intent to commence construction, or fails to continue construction activities within the time period authorized under town building permits . 20 . The Family Vacation Home (D. 1) may not be leased or rented separately from any of the accessory buildings, unless otherwise agreed to by the Board or unless otherwise provided for by the Southold Town Code . All terms and conditions herein shall be binding on all lessees and/or lessor(s) . 2.1. Any lease or other type of possession of the premises or of its agricultural acreage and hunting operations shall be in compliance with all applicable rules and regulations of the Town GCO1:37572 -6- Code. Any and all hunting operations or hunting-related activities shall be limited to non-commercial purposes and be consistent with the use of Robins Island as a private shooting preserve as licensed by the New York State Department of Environmental Conservation. Any change in this use will require the approval of the Board. 22 . The Lane Lodge (B. 1) may be used as guest quarters with a single kitchen for up to twelve non-paying guests and employees of the owner of the property. This building may be used periodically but not more than 180 days per year unless otherwise determined by the Board, or unless otherwise provided for by the Southold Town Code . 23 . The new Caretaker Cottage (C. 7) shall be an accessory building with three bedrooms and a single, full kitchen facility. A caretaker employee and his/her immediate family may reside year-round in this building for purposes of monitoring the island. 24 . The Mackay Cottage (B.2) may contain guest quarters and a single kitchen and may be used for overnight accommodations for up to six shooting staff or non-paying guests of the owner of the property. The Mackay Cottage may be used periodically, but not more than 180 days per calendar year unless otherwise determined by the Board, or unless otherwise provided for by the Southold Town Code . 25 . The Agricultural-Maintenance Building (C.4) shall be permitted for agricultural use. In addition to housing the equipment needed to maintain the island, storing fuel for the island' s heating and electrical needs and the workshops, the proposed dormitory quarters in this building may be used as sleeping accommodations with a shared kitchen facility for GCO1:37572 -7- overnight stays of up to four employees of the owner of the property. These quarters shall only be used periodically and not more than 180 days per year unless otherwise determined by the Board. 26. The Recreation Building shall be an accessory building and is granted a height variance to allow its mean height of 45 feet, with the understanding that nearby trees will largely mask the height from off-island observers. The owner agrees to use his best efforts to maintain a visual buffer. This shall not preclude the owner from normal maintenance of the trees . 27 . The owner agrees to provide transportation for all school age children residing on the premises and attending school on the main land at his own cost and expense. 28. The owner agrees to allow the Building Inspector and/or an authorized representative of the Board to inspect the premises, and buildings and structures, pursuant to Article XXVIII, Section 100-280-b of the Zoning Code, and at reasonable times, after reasonable notice to the property owner or authorized representative listed on the. town' s tax assessment rolls to ensure compliance with the covenants and conditions established by the Board of Appeals . 29 . In the event the owner, or his representative (s) , fails to comply with any of these conditions and/or covenants, and fails to remedy the noncompliance cited by the Board, Building Inspector, or other authorized enforcement officer or agency, pursuant to Article XXVIII, Section 100-280-b (Enforcement Provision) of the Zoning Code, for that building or structure, the approval for the particular activity, building or structure under this determination cited for noncompliance shall cease and be of no further effect . This condition shall not preclude the GC01:37572 -8_ owner from converting the subject building or structure which is the nature of a zoning violation or noncompliance, to that which is permitted as authorized by the Building Inspector to conform with Chapter 100-Zoning of the Southold Town Code. 30. Any and all of the above conditions may be removed, withdrawn, modified, changed, or otherwise altered subject to further action by the Board, and nothing shall be construed herein to prevent the owner to make further application to the Board for the same. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the r"' day of May, 1996 . Lou s Moore Bacon STATE OF NEW YORK ) ) SS . : COUNTY OF NEW YORK ) On the -f .k day of May, 1996 personally appeared Louis Moore Bacon to me personally known and known to me to be the same person described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. - Notary Public EUZABETH A.WILUAMS Notary Public,State of New York No.31.4871130 Qualified in New York Courrty Commission Fxores September 15,19�0 cc01:37S72 _9_ RUXES3-CHRu9MUDr a61'TMU.MrIfIn I bU In RA,,a&,JC. LI rnwn iit Ke ��lcul N(,OR t u.ING.__ I SUFFOLK'COUNTY CLERIC 3 �r J , p - T Mon FEB 1 M4 1 o1NM•Ir� - n -►' ' Dwd I Morloo ltMtrlM NMfMMpw TrXWr kn /rlWr: ..r. Fin - rewlrlWrRee Mw4w A" Yak{ Io L auk Tr _ Tr-w4 L SO11YMA _ Tdd LA4217(GrV)_ S ; :r T.. V�� MrrwJA" LA-6217 01.1r) > TOT.MM TAX- _ Lr.TSA _K1 arl Tmmo ii Cra.f XL y- N tkN 4r Y� • • Trr/q Tr Mrar Tr _ firWW GIry 'Ur,o,b cow"y ibbmw pw. arp C.r7 YTu.1 =�; k rtal h(mpmwd y.seer we no UIYrr QRAIOTOTAL �._� IIMO...s.NgrWrW.Ytr.� pow t statrl.Wt�rtL Rd Rgoy Tr So- Aw"Y.ralral.. i find= Mtilr'W.hMkrllr - qytt zjiiizz Fire1, w iq n To t kw wwvoo Cur 1 1s2'�Gf� JAW hM M671 Tlat 7 Fa PAID aYt Calq—omk-.L.o.. OIL •�=atet..0 rgsrrrrtaR� .33� �kt� /err f XWWD&MMRNTO Suffolk County Recording & Endorsement Page This pw form part of tw au wd _ Kad kuda by: (DaiL Mwpge.ew.) Thupr..i.bulk h1k"WI. 5UP#OLK COON N.NEW PORK L.r 4y To Is Me Towner Is Iw VELI.AGE �Otui svit�CiL�n trHAMLITd AW 19� 'Y'k COMIRAr teal tarlvte lasso a Mewed elm i ton,"HI-11M MaaaYaewt S,eane w waw say{,an you o„ty. THIb IND[NIIJRi.wWe Ihe 38 dayof DSCewber ,ahtatimhundredaWnin.ty three 39TINIM Southold Development Corlwcation, a New York corporation and debtor in possuelon under Chapter 11 of the bankruptcy Coda 'Cato No. 589-91229-90 -having an address C/o Meltzer, Lippe, Goldstein, Wolf, Schliasel 6 fates, P.C.,190 Willis Avenue, Mineola, l;1/ New York 11501 - party of the firm part,and Louis Moon bacon ruadlsg at 44 says Aveaut, Greenwich. Ca parry on Ihe waded Pan, wrincS9mthet thew dos Arm a onddwW=of Ter DWkes aa6 ed er•aWa eeadYsedaa Mee,d y its party m andd the woad pa�,fit w y �hew w, was Asa party of Or essai M.W Mire otoigst of Ihe IlyLL theMakrltt.�M Piave a pond al bell, he s IM l a ldb o ad Igawsere��emu&dtMta6 as descrihed'an schadwle "A" annexed h:reto and au.a- a Pa"t hereof. %.. Stt.sAv IC L ltigblt..4..r1 nuAn v -+..1c7 ... ar...aG TOGETHER-with all right, title and interest of the party.of the first part to (a) any body of lend wdu Obw a d to Mary1y body of water 1 Lou and noting situated wholly within the bottrtdarise of tae satvpe sal (b) any lard lying in the bad of sty Sound, bay, river, access. or ctewk In front of or adjoining the rid Pawed me and runuLng along pltoonle Say and run" to the mean high water lira thereofl lei all right, title and Interest to wall land owned by the party of the first part by vicGa at letters recls'dad in Libor 952, page 145 In the Off lee of the Suffolk Count I'll as all right, title and Interest to any bey bottadw or,othro, fwrradrawl b/ the party of wha first part; (d) all oil, gars aM� a�l�O 'o[ t of the [lost pert, 1[ any, In and to thw said P�ae�el�2Tcf/a9ht. title and interest ,[.the party of the tlrst part In and to all strips and got" aid all alleys adjoining the rid promises; (fI all comments, rights of way, privi- leges, appurtenances. and other rights pertaining to the said pra ilaes: 491 all permits, Incenses, apprOwls, appldadonn. Still other similar Matters relates, to the use, opereeion, at dmlopmm nt at the said promise. TOGETHER with all right, title and Interest Conveyed to the party of the flrat part by that certain Dead from John W. MacKay dated July 16, 1979 and recorded on July 2o, 1979 in Libor 5662 of convey- ances at page 147. TWCTI II:R 'itk.m right.Iklr Mad hdoest a May,sf the pony al Mahe� ins rteM,1 In and to May streme and r.u,ia dntli-9 the at""dotribed invariant an on cow,has dsredr TiIGETIIER..N dtt pPtate and aI IIw'mate anf lights of the pony of IM feat Pact)a c6 Is am prem{w. TO IIAYi.ANp p IIOI.0 Ihe pndws brohl reset VMS M = wowewp M s of the rally of Ihe toad partiatm. /'df el rim aowwd Peel,sae a swigs ! AND It*party.d llw brat part tonesma man Ihe part el rea bnl Pas has ware dam a "good aaylkiag I 'herd,))the"4 prsedars Mgt he wim n ewwaJ Inaq my ehat,yer,It"as 0""4. AND I'm,puny.,I the Gnat Pan.in toofRwwt with$piw Il of don lJn law.amnews am 1M py"y of the fwat pan will anion It"ronowdolen far this/m.rey . dad will hid the right to/weiee"Ihe eoew 1. ,ration as a how lend W in aPpded brat Io the of Pdriat Ihe,Sal of the kngaeaamat and will an.4y she unw Ar.w m IIw Iw)..wa el the noel d the s, es, n(wigs eai.,g any pa.1 d Ihe lam d Ihe wawa aw Any utlw, on,". The wwel'ywny- 1.111.,,wienwd a,it it rand-panin-wkoam on acne of rade h,dsa.rs as r4%".,. Ihe gPR11W tvl Mahe pa.ly d Ihe Mat par,in,My warawd a.h derd ahs My.W yaw.a,w W,vhao. Is nun SOUTHOLD DEVELOPME." CORPORATION bit_ Clau'rMitterst6fer, President SCiEDv= MAN Parcel I ALL that csrtain plot, piece or parcel of land; situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk and State of Now York, bounded and described as follows: BEGINNING at the corner fora" by the intersection of the Northerly side of Jackson Street, with the Easterly side of First Street: RUNNING THENCE North. 06 degrees So minutes 00 seconds East, along the Easterly side of First Street, 91.50 feet, to land now or formerly of Ruth Tuthill Houston: THENCE along said last mention" land, South 83 degrees 10 minutes dD seconds East, 207.00 fast, to a monument on the ordinaryhigh water markof-Cutchogus Harbor: THENCE along the ordinary high water mark of cutchogue Harbor, on a tie line course bearing South 07 degrees 28 minutes Nest, 131.38 fset, to a point on the bulkhead an -the basin of Cutchogue Harbor: THENCE along laic bulkhead the following two courses and distances: 1. North 66 degrees 30 minutes Nest, 75.24 feet: 2.._ North 60 degrees 49 minutes Nest, 48.02 feet, to point on the Northerly side of Jackson Stre•Al: THENCE the Northerly side of Jackson Street, Nort': 83 degrees 10 minutes Nest, 89.00 feet to the corner aforesaid, Ile point or place of BEGINNING. Together with all the right, title and interest FOR of Us party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said promises. n. Page 1 of 10 , 'Y�`c .r'rU4M�a LtA{'r.y p3, a , SF YnW rah.. rr��s yf I� I�Lrjs rpi7G�y It I + r '�' 7:• {•,r'dV �r 4 ,. ,��Cr tiw ({��¢� %% ¢,n� , Ivy` y • , � AS a fi(�I ail :'.f. sr•4.yr :' a�� y to k. AM that,o0=ta1n P1Ot, pupa Ol patoai o! Lod, Situate, IvAmor and bOinQ at Her wfolt, 'Lamp et i00tho16.'.taupty at S"CoIg'Zd. + ttaLa at 1a1/'YOfJ;, DW�d, OdkyaO¢: s�la`'Y fO130Yai • �. XIMMgm at, the 1at0=aa0tlan?Of tAa' <: ionibarlx side a;Jaotson iCSNt. Is the EastaflY si4 of 3Ssat SOSS3710 IMCE south 43 4009 as 10 .ainstse East alou0 the !' SouthWIY 91""Of:Jeotsoa SATs t., 76.hula 0 fact, . to a-point in the ot. CUCohOg" Harbor; MMCZ'alOSq tW baa41 OL.Cutoha9aa)hfb=. South ai daOrMa i of ' Hasp mi 00''Lgfm�a the holldmtad a .tea Laala JCL •,alan0 said buLOn 1l ad tb0 �..Oovlaq i. Ooucess am 1. . South 70.•daitOaa.,,13_alnutem2ftet, ia.00 flat; . 7. South.1S -dogre"47 aSaatM�•,MOit, 37.00 feat; 3. on a*tie liaa'oouta0.baasLp,HOith 73 deq%oas OcaLnutes =0"aaconds>Mat, ,130.31 flats 4. ' ionth•li}dagt4e}30 aSautOa runt, 35.00 Can: . 3 scith a0 dagtala-0OSp butait,Past.. 23.0 feat. is a point . on iha hlgp raLr basin %U%or i East. 33.33` fa i0uq 0 da0fsaa s0'.alautaa si3kbaw V uL'� i4 . :;'.'_'7'�Y f ' } 1OOstl�ir vith a4tL�A. 0 t, title and iatafast in :the,-%=�laaxtM�p�Y� Of. .ia ap0:to r dtp1[atiW�a - r a "' POW la�a .�109ji0 . C.A . scanBLs aha Parcel TI Continued THENCE along said bulkhead and loose rock jetties t :,s following three courses and distances: 1. South 39 degrees 43 minutes East, 72.00 feet; 2 South 45 degrees 39 minutes 50 seconds East, 225.81 fast, to a point on the ordinary high water mark of Cutchogue Harbor or North Race: 3. South 34 degrees 20 minutes West along'a jettie 25 feet: THENCE along said high water mark of Cutchoque Harbor, or North Raca, on a tie line course bearing North 68 degrees 23 mir•ites 50 seconds V^st, 244.74 feet, to the Easter-y side of First Street; THENCE along the Easterly side of First Street, North 06 degrees 50 minutes 00 seconds East, 290.00 feet, to the corner aforesaid the point or place of BEGINNING. Together with all the right, title and interest FOR of tLe party of the first party, of, in and to CONVEYANCES .the land lying in the street in front of and ONLY adjoining said premises. Page 3 of 10 .r. . x �, m scs=Dwx eae Parcel III ALL that cartain tract of land, known as Robins Island, in the Town of Southold, County of Suffolk and State of Now York, being bounded and described as follows: BEGINNING at a point on the Northerly shore line of Robins Island, at the high water line of Littler Peconic Bay, at a point on the Easterly side of a dock projecting Northerly into the waters of said Little Peconic Bay, where said dock masts the said h gh water line of Little Peconic Bay, and from said point of beginning; .RUNNING THENCE along the high.water line of Little Peccnic Bay, the following 24 tie line courses and distances: 1. South 80 degrees 17 minutes 50 seconds East, 136.18 feet: 2. North 88 degrees 21 minutes 10 seconds East, 174.07 feet: I. North 80 degrees 45 minutes 10 Seconds East, 566.at feet: 4. North 85 degrees 21 minutes 10 seconds-East, 221 % feet: 5. South 80 degrees 41 minutes 10 seconds East, 520.82 feet: 6. South 51.degrees 50 minutes 40 seconds East, 124.62 feet: 7. South 04 degrees 17 minutes 50 secor.da East, 209.42 feet: 8. South 26 degrees 01 minutes 00 seconds East, 186.94 feet: 9. South 19 degrees 16 minutes 00 seconds East, 218.22 .fat: 10. South 12' degrees 27 minutes 00 seconds East, 281.76 feet: Continued... `ke Together with all the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying in the strut in front of and ONLY adjoining said premises. KI .h Pate 4 of 10 �aJ ;.l �4:1: /IMO im PAR= IEE 11. South 09 degrees 40 minutes 20 seconds East 157.07 feet: 12. South 04 degrees 45 minutes 50 seconds East 165.31 feet: 11. South 0 degrees 49 minutes 10 seconds Nest 571.06 feet: 14. South 04 degrees So minutes 20 seconds Neat 544.95 feet: 15. South 06 .degrees 51 minutes 00 seconds Nest 519.42 feet: 16. South 07 degrees 15 mAlutee 40. seconds Nett 627.50 feet: 17. South 04 degrees 26 minutes 00 seconds Nest 526.60 feet: 16. Scuth'01 degrees 07 minutes 20 seconds Nest 561.11 feet: 19. South 00 degrees 41 minutes 00 seconds East 719.06 feet; 20. South 02 degrees 25 mint+`) 10 seconds East 620.61 feet: 21. South 04 degrees 00 minutes 50 seconds East 578.45 feet.- CONTINUED... Together with all the right, title and interest ?OR of the party of the first Party, of, in and to CONMAMCES the land lying in Us street in front of and ONLY adjoininq said PL�giass. C.n . Page 5 of 10 ;:qi M= HAN lea= zLz i00!lLNOfO) 22. South 07 degrees 15 minutes 00 seconds Lest 265.26 feat; 22. South 10 degrees 15 minutes 10 secobds Last 297.74 feet; 24. South 16 degrees 25 minutes 20.seconds Last 261.90 feet to the southeasterly corner of the premises herein described and the high water line of Great Peconlc Say; TNLNCL along the high water mark of Greet Peconic Say the following 20 tie line courses and distances: 1. North 46 degrees 04 minutes 50 Seconds west 200.90 feet; 2. North 24 degrees 41 minutes 40 Seconds west 695.69 feet; 1. North 19 degrees 07 minutes SO seconds west 310.64 feet; 4. North 41 degrees 22 ulnutes 20 Seconds Nest $53.06 feet; 5. North 45 degrees 11 minutes 00 seconds West192.••S feet; 6. North 51 degrees 16 minutes 10 Seconds Nest 625.02 feet; 7. North 45 degrees 05 minutes SO Seconds West 161.17 feet; • CONTSNQLD... .� - Together with all the right, title and interact YON of the party of the first party, of, in and to CONOLYa11CLS the land lying in the street in front Of and ONLY adjoining said premla s. �.n . Page 6o9 10 : n wQIN PAL IZI 9. North 36 degrees 17 minutes 30 seconds Nest 397.02 Lest; 9. North 29 degrees 52 mLMUtes 40 a•,.:onds West 569.17 feet; 10. . North 28 degrees 07 minutes 00 seconds WLst 463.12 Coati - 11. North 21 degrees 26 ainutea 00 seconds Nest 590.12 feet; 12. North 17 degrees 40 minutes 40 seconds Vast 646.97 Lest; 13. North 06 degrees 39 10 altos 20 seconds West 241.63 feet$ 14. North 13 degrees 01 minutes 20 seconds West 150.68 feet$ 15. North 02 degrees 29 Minutes 20 seconds East 139.13 feet; 16. North OS degrees 52 ainutes 10 seconds West 613.34 feet; 17. North 02 degrees 311 Minutes 20 seconds Vest 434.46. Leet7 16. North Of digress 49 minutes 30 seconds 335.47 fast; C011TINUW... . ..3� TOgatharr With all the right, title and interest FOR Of the party of the first party, of, in and to. COVV1YaNCLs the land lying-in tits street in front of and on= adjoining said promises. Page 7 of 10 MCaMOQLM WAN PAX= I=Z (C031TI710tD) 19. North 30 degrees 52 Minutes 20 seconds West 307.52 fast} - 20. North 13 degrees 31.Minutes 50 seconds West 329.13 fast; 21. North O6 degrees e7 Minutes 50 seconds West 196.37 feet; 22. North 01 degrees 50 Minutes 00 seconds East 250.13 feet; 23. North 00 degrees 36 Minutes 20 seconds West 200.01 feat; 21. North 05 degrees 56 Minutes 00 seconds West 154.83 feet; 25. North 07 degrees 14 Minutes 00 seconds Nast 163.69 feats 26. North 20 degrees 39 'Minutes 30 seconds East 260.77 feet; 27. North 17 degrees 36 Minutes 10 seconds East 279.60 feet; CONTINUED... Together with al: the right, title and interest FOR of the party of the first party, of, in and to CONVEYANCES the land lying-in the street in front of and ONLY adjoining said praMises. n . Page 8 of 10 17wclm SCXZD= "Ae PAR= SSr (COMMI H) 28. North 22 degrees 41 minutes 10 seconds East 598.53 feat: 29. North 27 degrees 40 minutes 30 seconds Last 254.07 feet; 30. North 26 degrees 55 minutes 00 seconds East 404.32 feet to the northwesterly corner of the promises herein described and the high water line of Little Peconic Say: THENCE along the high water line of Little Peconic Hay the following 15 tie line course* anddistances: 1. South 19 degrees 7 minutes SO seconds Nast 146.61 feet: 2. South 32 degrees 33 minutes 00 seconds West 55.76 fret; 3. South 25 degrees 44 minutes 30 seconds West 310.85 feet; . 4. South 26 degrees 42 minutes 00 seconds West 189.17 feet: 5. South 21 degrees 36 minutes 5U NOCOnds West 399.06 feet.- CONTINUED... Together with all the right, title and interest FOR of the party of the first party, of, in and to CO'VEYANCCB the land lying in the street in front of and ONLY adjoining said presses. Page 9 of 10 - . Yiy 2 CCr A:N i TM41m .f SCUOM man VARC L ES2 ( M 6. South 05 degrees 27 Slates 00 seconds Nast 170.92 feet; 7. south 07 degrees 23 ml;Nttas 40 Seconds Cast 196.73 feet; 9. South 25 degrees..22 minutes 20 esoonds Seat 220.02 feet; 9. South 19 degrees 55 minutes 40 seconds East 219.94 feet; 10. South 55 degrees 05 minutes 50 seconds East 262.16 test; 11. South 61 degrees 27 minutes 40 alnutes Feat 194.65 feet: 12. South 79 degrees 40 mitutea 40 sacandS Fast 106.97 feet; 11. due east 150.0 feet; 14. North 79 degrees 50 minU:es 00 SecOnds Fast 196.91 feet; 1S. North 66 degrees. 07 mimttes 20 seconds East 16.92 feet to the easterly Side Of aforesaid dock at the high water line of Little 9aconic Nay at tbm point or place of S2Y.I onm. . !e Together with all the right, title and interest FOR of the party of the first party. of. in and to CONMANCFS the land lyiN in the Street in front of and ONLY adjoining said promises. - Pr 6P 'vga 10 of 10 { I or Wool or I%W 1M.r the +wton or re"Ito SV' (ourrounning Robins 1 lntom) 1n trot Of am mho"t to lams or the 4stlas 1a1"d Club. t . I + ' In u•a 't#q Of WUU*Id' Wtmtr er*Orrelk. b.eorlbod as to l low#. �',� b w1H B�1sY110 at !2Ua%.1P.lis 1'M.or wean 1,10 wMor on th. $hero of sold 'tables I.l..d e.I" relays North es' 0' yet 5.1.6 foot front s stoke drlr" 1310A "e Was, Of sold Iol.Od, a4lM Otoks Ito. North r7• W West M-9 foot fren the ".Nr of . w.11 lrl'C Werth Or tbs Club SON'S o. sold 'blood sad ahlnh &&eke Ilse et the 'stsnestlm or tw IS"a drawn "opetlrelp, one reds a cow ou"W i .1tjw.1 on "'"1e bog look point M!M .lPn% Mn» scrth 56• 36• soy I I e'u the other from the seek at Now Suffolk ahloh seek aeon North 10• west. R..'dg tom ore ps'at or hs6Let3np ►swum saki se1W following the is" of no" IIIA enter. the following eourooe am dfotmoss to wits North 89. 17' last 159 rest{ th"" North 74• ye' i Rea% 70.4 hat; "oa" North 62' ;e' Sent 207.5 foot; then" Nuns 1 67. 3' Feet M.e foot; then" Moons. 66' 39• hot 165.9 rots tsonee North Tr.' 2' Seat 235.1 root; Nab• North Co. 54' het 180.6 feet; ithm. North 70• 59' at$% 197.4 rots then" Routh 65• 14' 1450 147.5 foots N.nab "Yth 56• "' last 436.7 rots NbnM South 48. 20. %e •; 93.1 root; .thsa" gouty 35. 19' Seat 325 rest; than" South 26. 56' . re•t 370.8 ha; theme South 22. 57' last 2-AL.7 rots theow South j 17. 20'.hat 361.5 cost& Uses" South on 46' last 806.9 toot; ' then" South 6. 57' last "P.:, rest; th"bs geuth g• S' pest 537.6 1 1 toot& then" South 5. 7' Fest 463.2 rest %h"ee JOIN 7• A Sest i 40•i.3 furl then" South 10.15' last 6G.7 foots then" CMtb 14• 52' IYat 629 tot; then" 'Guth 9• 55t Seat 260.2 Vest; Moss " South 15' 36'.shoo 188.3 rots tMaM South '9• 77' FeO% 147.8 foot; i thmos Guth 14. 19' Feet 240.7 testy %Amos Guth 16. 47' Se.t 320y rot; thence "Yth 10. 52' FeO% 266.5 roots thm" Routh 15. 36' Sea i 376.8 tot; Navas Guth 16. 43' sot 233 root{ t waM Guth 3' 34' put 70.6 rest to the 0"1►.rtont pe'nt of "id 181"d +unbar. then. North 46. 5S' wont 169 foots N"es North 47.16' west 147.4 troy thsaee North 46• e' woof 2H9.7 f.etj theme son" 50. 15 ' went ' SOO foots thoaoe North 5 � I 3' 50' woe{ 20e.4 foal{ thmM North SP' 4; W00% 731 rots t%sn" North 6T U. woe& 465.6 foot then" North 70• TP west P73.6 foots who." sorts 64. 26. west 129.5 foots u.n. North 540 e ' not 116.9 toot; thetas North 50' 37' Nest 125.8 rot j thssoe North 47. 12' west 423.2 feet, tsow" Nor" 4- 3 51' Wert 1,7,6 foot; than" Yerth 42' 3' Rest 6" f..tl thence North i5' 45' "est 44P.4 fo.t; thence North %!' ST West 3W2 toe%; theme* North PT' 3' West 479.7 neat; thence North 17' 71'-West 171 fact;.Men" North r'J' PS' Mai 1n9.i f..t; ttan,o.North 16' dB' West 11P7.5 fact; thence North Pl. 27' w00% Pl9.9 root; then" North 13' P0' Pact 109.9 h 114! hots thso" North 16' 49' West 207.5 Put; thence North 19' 6' Wool %9.9 feet; i 1 then.. North PP' 44' vast 345.3 'est; Mouse North PS' 39' Wort 499.6 test, thence f Worth b' 541. West 10P r@o%i %haneo North 0' 35, Wu% P'A.3 feet; thorn@ North 14' P6' West :4W Pnt; them@ Worts PS' P' West 198.1 fact; Men" North 13' P3' vast 116.7 rest; 1"n" Worth 6'47' Pont 291.5 tact; theme North 7' 49' Fast P31.6 feet to the Wortnermeat Paint of said island, thence Senth 13' 9' Neat 313.4 test, then" South 29. 6' bat 142 fast; thence South 39' W 1P7.6 hot; thence South 49' P1' ' East M.8 too! thence Nou%r 56' 3' Nast i'/5.0 feet, then" NOW M 60' 37' ►oat 126.9 fast; then" South 67. 29'.Eaat 199 fact; Ounce South 74' P9' past 179 hot; thence South 80' P3' het 152.3 feet; then" South BS' 35' past 153.9 feet, than" I Worts 03. 0' hat 160.4 het; Meer* North 7V 57' past 1P7.2 hot; Man" North 63' 27' lost 119.2' tut to tha.pe/nt of beginning; than,* running into tne molar. or WoOOUI* By tc A point distant 100 hot from ern "Reured an a lire perpondiewly to I the Its@ of scan blot wa•wr, and running thou" on lime 1vrtllsl to and distant 100 r.et.fro. the line of scan high water (as s'eee desnrlhed) around ths said i i island to the point in the sets" of mil Day distant 100 hot from the point n• beglnning• as above dosgrlhod ecn%Rlhing 48.9 a•roa. All hearings refe"b,g to the true meridian. AM AM that certain other lets or aC P pam*1 of land under the meat@, I Of POOMtO gay In front of AM adjacent to londo of the Robins Island Club, altusto as afor*eeLd 1n said Town of nouthOld deserlhod As relieve, to wit: BROINNINO at a point In the eretsrs of P*0ani0 Bay which point is Worth 30' 15' pot Soto root r,, , s stake driven into the hank of .aid Leland which sta:to 11ee North l . 35' test PT5,9 feet from the sector of a wall lying North of the Cl--h llouea on Said Robin, Island t and Which stake 110' at the !n%*re*etlen of two lines drawn res; ,ctively ono from I a eo"t surest stgnel on Little Nog Nook Point which signel bears North W 36' pant � and the atMr tin from tA, Aenk at Now Suffolk which duck haan Weetb 10' T Wad. The point or acglaning an in the weterr. of Posie By 1s also "0 fed from Me line of msm blgh water On the More of amid Islam measured on R line terallel to the center line of the Club bee11 dock Wm which line is didant 500 hot from the center line of $ell deck; runiing then" South 70' 45' R00% 1000 foot to a point 350 rest from the line or mean hip: Mori thence South Pi' 37' past an a line prrallol to the center line of sold dock 2110 rapt to a ;cant in the line lu0 foot r.Llant free and Parallel to the it" of mean hlSh water to ducribod In the first paroal; thence S along the eeU ouellei lino to • point 500-feet ::ortbuobrlP from the center 11773 PG522 line of sold Book; the nre Earth ?' 37' '!lost ,r. h Ill., prrsa,l to said cook Y68 feat to the F1noe or boginnlna. Containing 6.3. acres. all hsar3nE4 referring to the true rdrl:;int,. 7ceapting and Bd.ervilyt to all and every the arid People, the full and free • - rlphts liberty and i,r:vllej;a of outerint; upon and u,ary; r.11 and avert port of L`.e ahoy* dosnrihdd pramlaas, 1n a8 arple a menner as they t,ltyt have done had chid punor and outLorlty r,nt been ylven; until U." +eels stall keys• been aotually approprlated .n,1 applled b the pnrpoeee of C~asrco by srect.la,; a gook or Honks t!,ereon, or for the har+riolal a,.Joymnt of U,e setae by t1.e all Jnnent owner upon condition however that thla grant Is not to I. ;J eolratruod ar , to sxolude the puhllo from flehln6 or ,.atbaring c1aWa, Scrl:opr, or oYstdr., v:lth;n the 11mILS of the promices heroby col. eyed at rsaaonable tlm*d gild In a reasorable wcy outside of-a l,ass d:.ta. at hll tlieo fifty root from tnd &hard or ul•land, provided ho*•aver that this rW riotion shall not apply to the Ile eel of land one thoudard feet do length end %bra* hundred and Arty ,•ewt Jr w3ath harulaabove denorlbed.' Thad* !,otters Patert are i:esued In con- rort•;Ity with Posolutlana of the Corstl..Slonsrs of the !.end Cfflre ado;.ted H*eemher 6, 1886; January It. 1887s end Pebru, ry 3s 18G7s 1N TSSTI oNY nEop, We hand caused :teas ovr !,ettor> to 1.e ns•ie Patent, ,•r,d the Crest Seal of our arid Stete to he :erou. arflxed Darld B. Hills uov*rnor of our sold state at oqr City of dlhvly, the loth OV of lehruar In the Y Ye,.r n!• our Loral one tbou:,r.nd ci;fit hundred and el ,t d Y-seven. r, o�®gOFO( O� O JUDITH T.TERRY ®� �' ; Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER 1�,� �°�'�V Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER `?�,'`"�� ',-j%� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: November 17, 1995 RE: Zoning Appeal No. 4354 - Louis Moore Bacon Transmitted herewith is Zoning Appeal No. 4354 of LOUIS MOORE BACON for a variance. Also included is: Letter of Transmittal from Kevin S. Law, dated 11/7/95 with various enclosures; and Notice of Disapproval from the Building Department dated October 31, 1995 with copy of application attached. a Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 5TEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEW YORK 11 53 0-4838 POST OFFICE BOX 1051 (518) 427-2650 (516) 632-7500 ROCHESTER, NEW YORK 14603 (716) z63-1000 FAX:(516) 832-0555 1600 MAIN PLACE TOWER BUFFALO,NEW YORK 14202 SUITE JOO (7I6) 853-8100 ONE THOMAS CIRCLE WASHINGTON,O.C.20005 437 MADISON AVENUE @02)45J-5300 NEW YORK,NEW YORK 10022 WRITER'S DIRECT DIAL NUMBER: Iz 1z1 Bao-3 o00 15161832-7540 November 7, 1995 BY HAND DELIVERY Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island: Proposed Plan, Zoning Variance Application Dear Linda: Enclosed please find twelve (12) copies of the zoning variance application along with the necessary attachments and exhibits pertaining to the Proposed Plan for Robins Island submitted on behalf of Louis Moore Bacon (the "applicant" or "project sponsor" ) . Specifically, enclosed please find: • ZBA application; • "Reasons for Appeal for Robins Island Proposed Plan, Zoning Variance Application" , (Exhibit 1) ; • Questionnaire to ZBA application, (Exhibit 2) and Attachment to Questionnaire - copies of building permits issued to date; • Notice of Disapproval received from Southold Building Department, (Exhibit 3) ; • Project Sponsor' s original permit application for Proposed Plan submitted to the Southold Building Department, (Exhibit 4) ; • List of Existing and Proposed Activities for Proposed Plan, (Exhibit 5) ; GC01:32393 35521/3 Nixon, Hargrave, Devans & Doyle LLP Southold Zoning Board of Appeals November 7, 1995 Page 2 • Copy of Deed to Robins Island, (Exhibit 6) ; • A copy of a Letter of Limited Authorization from the project sponsor severally authorizing Kevin S. Law or James A. Thompson to execute all documents on Mr. Bacon' s behalf for these procedures, (Exhibit 7) ; • Full Environmental Assessment Form, (Exhibit 8) , and Attachment "A" to Full Environmental Assessment Form entitled "Additional Information to the Full Environmental Assessment Form. "' [SEPARATE ATTACHMENT] ; • Seven (7) Drawings and Maps,2 (Exhibit 9) [SEPARATE ATTACHMENTS] ; - (1) Original map that accompanied building permit applications for Proposed Plan (1 : 200) ; - (1) New map entitled "Robins Island, Proposed Plan, Zoning Variance Application" (1 :200) ; (4) Enlargement maps for Areas "All - IUD" identified in the Proposed Plan (1 : 50) ; - (1) Survey of Robins Island; • A check for $600 . 00 payable to the Southold Town Clerk for ZBA filing fee; and • A check for $500 . 00 payable to the Southold Town Clerk for the initial review of environmental assessment forms . We understand the ZBA intends to serve as Lead Agency for SEQRA purposes and will accordingly designate itself as such on Wednesday, November Sth. In an effort to help facilitate coordinated review under SEQRA, we provided you with six (6) additional copies of our application so that you can forward them to the Southold Planning Board, the Southold Trustees, the ' This report contains a detailed project description. 2 Same maps also enclosed in EAF exhibits . GC01:32393 35521/3 Nixon, Hargrave, Devans & Doyle ue Southold Zoning Board of Appeals November 7, 1995 Page 3 Suffolk County Department of Health Services, the New York State Department of Environmental Conservation and the New York State Office of Parks, Recreation and Historic Preservation.' We also provided you with a copy to forward to the Suffolk County Planning Commission for purposes of their review pursuant to § 239 (m) of the Town Law. Please let us know if you need any copies in addition to the twelve we have provided herein. We also understand the ZBA (and its environmental consultant) will be conducting a site inspection on Saturday, December 2, 1995 and a Public Hearing will be held on December 6th. We will provide transportation for the members of the Board to and from Robins Island and on the site. We will also "flag" those areas where new construction is proposed prior to said inspection. Please advise how we should address the requirement of submitting photographs of those activities requiring a variance . Thanks for all of your assistance in this matter and please let us know if you need any additional information. Very truly yours, fevt S. Law KSL:cm Encls . CC : Louis Moore Bacon, Applicant James A. Thompson, Architect Randall Parsons, LandMarks, Environmental Consultant 3 We look forward to receiving a copy of the "Notice of Complete Application" ZBA will be filing with the Environmental Notice Bulletin. GC01:32393 35521/3 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman „ _ ,� 53095 Main Road Serge Doyen, Jr. y • P.O. Box 1179 James Dinizio,Jr. Southold, New York 11971 Robert A. Villa r.,., _ ; Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Town Clerk's Office FROM: Linda Kowalski, ZBA Office)l'wzZ2-1 DATE: March 81 1996 SUBJECT: ZBA Determination - Louis Moore Bacon (Robins Island) Please find enclosed for filing the original 10-page Findings of Fact and Determination rendered by the Board of Appeals at its March 6, 1996 Regular Meeting. Attached to the Board's determination is the "Proposed Plan" of Robins Island dated November 6, 1995, prepared by James A. Thompson Architects also for filing (and future reference purposes) . This map is the same as the "Proposed Plan" filed by Kevin S. Law, Esq. ate the time the variance application was filed under Appl. No. 4354. A duplicate of the determination and map are also submitted for your office date stamp, and return to us for our records. Thank you. i Y, AND FL- cc: Kevin S. Law, Esq. [� C� CEOMIS. APPEALS BOARD MEMBERS Gy Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y �� P.O. Box 1179 James Dinizio,Jr. 'hOj �0� Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an application for variances, based upon the owner's application for a building permit to construct, and the Building Inspector's issuance of two Notices of Disapproval, the grounds for which are noted as follows: D.1 (E.1) Family Vacation Home will exceed the principal building height limitation stated in the Bulk Schedule of 35 feet, in this R-400 Residential Zone. D.1 (E.1) Family Vacation Home as a principal one-family use; Building C.7 Caretaker Cottage for year-round use and occupancy) and Buildings B.1 Lane Lodge, C4 (C4.1) Agricultural Compound, D.4 (E.4) Garage with staff or guest quarters each as an accessory: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. All buildings which will contain living quarters as an accessory with an extension of the principal one-family dwelling use and/or which exceed 18 ft. height limitation as an accessory are being considered for variances under Article III, Section 100-33A. A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, 3.2 Mackay Cottage, C. 1 Recreation Building, C.7 Caretaker's Cottage, D.4 (E.4) Garage with staff quarters, B1.2 Mechanical Services Building and B2.1 Mackay Garage will exceed 18' height limitation as accessory buildings, Article III, Section 100-33A. (Approvals required by the Zoning Board of Appeals before building permits may be granted. ) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; Parcel ID No. 1000-134-3-5 of 434+- acres. WHEREAS, an inspection of the property and the specific areas under consideration has been attended by members of the Board of Appeals; and WHEREAS, all procedures have been properly followed and a Negative Declaration under the New York State Environmental Quality Review Act was declared on February 7, 1996 by the Lead Agency Board of Appeals after coordination with the involved agencies; and WHEREAS, after due notice, public hearings were held on December 6, 1995 initially, and continuing for additional information and discussions on January 10, 1996 and February 7, 1996, Page 2 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board of Appeals hereby confirms the following Findings of Fact: REQUESTED RELIEF: 1. By this application, appellant requests several variances under the Southold Town Zoning Code relative to Article III, Section 100-33A and Bulk Schedule applicable to the R-400 Zone District. More specifically, the following buildings are the subject of the relief requested and are shown on the proposed "Plan" dated November 6, 1995, prepared by James A. Thompson, Architect. The general location of these buildings, which are under the jurisdiction of the Board of Appeals in this variance application, are identified by the key coordinates' listed below: A2 New boat house building - 40' North West of 277,000 x 2,423,500 Height Requested: 29.5 ft. height maximum with 1-1/2 stories B1 Lane House - 190' West of 276,500 x 2,424,000 Height Requested: 25 ft. maximum height with 2-1/2 stories C1 New recreational building - 325' North West of 275,500 x 2,424,000 Height requested: 45 feet maximum with two stories; C7 Caretaker Cottage - 215' South West of 275,500 x 2,424,500 Height requested: 25 feet maximum with two stories; DI Family Vacation Home - 95' North of 272,000 x 2,425,000 Height requested: 45 feet maximum with 2-1/2 stories; D4 Garage - 225' South West of 272,500 x 2,425,000 Height requested: 25 ft. height maximum with two stories. Also noted are the following buildings which will be interpreted by the Board of Appeals to be subordinate and accessory to the principal building con- taining various accommodations as described hereinafter: A2 "Boat house building" - 40' North West of 277,000 x 2,423,500. B1 "Lane House" - 190' West of 276,500 x 2,424,000 B2 "Mackay" building - 165' North East of 276,500 x 2,424,000 C4 Agricultural-Maintenance Compound" 220' North of 275,500 x 2,424,500, C7 "Caretaker" building - 215' South West of 275,500 x 2,424,500 D4 "Garage/Staff' building - 225' South West of 272,500 x 2,425,000. PRESENT SITE DATA: 2. The premises in question is an island consisting of approximately 435 acres, located in the R-400 Residential Zone District. The land is all New York State's Plane Geometry Northing and Easting Coordinate System, Long Island Zone Page 3 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals in one ownership and is a single parcel for the purposes of building and zoning. The property is presently improved with the following buildings, identified from the "Historic Buildings Inventory" map prepared by Landmarks, Randall Parsons & Associates, and Robert J. Heffner, Jan. 1995, and survey by John J. Raynor, Nov. 28, 1994: a . Lane Building (referred to as Lane House B1) b. Clubhouse (referred to as Mackay Cottage 132) c. Cottage "Duck Inn" (B5) (to be demolished) d. Ice House (B3) e. Barn Complex (C4) f. Granary (part of C Area) g. Large game keepers building (part of C Area) h. Breeder building complex (C Area) (to be demolished) i. Fire cistern (C9) j. Two windmills k. Temporary greenhouse-type structure(s) . SETBACKS and BUFFERS. 3. Also, in considering and evaluating this application, the record includes, but is not limited to, the following information and facts: a. Location of all currently proposed buildings and structures under this variance request will be as identified on the Schematic Diagram entitled "Robins Island Proposed Plan" (the 'Plan') prepared by James A. Thompson, Architect, dated November 6, 1995 and as more specifically described within plus or minus 50 feet of the grid location markers in accordance with the New York State's Plane Coordinate System, Long Island zone; and b. Applicant agrees to comply with all clearing and buffer retention standards and regulations as may be required by the Southold Town Trustees, N.Y.S. Department of Environmental Conservation. All roads shall be adequate for safe, emergency access in accordance with recommendations that may be made, or agreement with the local (fire) district having jurisdiction thereunder that may be entered into. 4. BASIS OF APPEAL/ZONING CODE PROVISIONS: Article III, Section 100-33A of the Zoning Code provides that " . . .in the. . .R-400 District, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. . . ." Article III, Section 100-31C provides for specific types of uses in accessory buildings and structures under subsections (3) through (9) thereof (boat docking facilities, garden house, toolhouse, storage building, playhouse, pool, tennis court, private garage, parking spaces, storage of a boat or travel trailer, certain housing for certain animals, yard sales, all subordinate and related to the principal residence of the premises. Page 4 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Article XXIII, Section 100-231 restricts fences (including fencing for tennis courts) to height limitations between 4 and 6.5 feet, in respective , and side or rear yard areas. Article III, Section 100-31A provides for a principal (or primary) one-family detached dwelling use in a building which meets the yard, height, and parking requirements set forth in the Bulk Schedule. The requirement for the principal building is set forth at 35 feet in height (applicable to the proposed Vacation House building in the "Plan") . 5. TOWN LAW STANDARDS/OTHER CONSIDERATIONS Among other considerations included in ' this variance application, the Board of Appeals is required to balance two elements: the benefit to applicant from the variance, and the detriment to the health, safety and welfare of the community or neighborhood that would occur if the variance were to be granted. In balancing the standards of law relative to these two elements, the following factors have been considered and determined: (a) The relief requested does not pose any threat to the health, safety, and welfare of the community. There will not be an undesirable change produced in the character of the neighborhood or a detriment to nearby properties created by the grant of this variance and conditions. The essential historical, agricultural and residential character of the island will not be changed. There will be no significant change in the number of buildings containing habitable quarters on the property (in comparison to those presently existing or which occupied the island before the original ordinance was adopted) . (b) The benefit sought by the applicant can otherwise be achieved only by a major subdivision which was not encouraged by Town Departments since the whole concept of preserving the historical and residential character of the island is beneficial to all. No other method is available other than by variance approval. (c) The requested variances are not substantial in relation to the preestablished height of buildings presently existing at the site and preexisting use of the buildings; the proposed "Plan" is designed as a "family compound" rather than as a subdivision of individual lot owners which allows for the comprehensive management of the natural resources of the Island as a single parcel. (d) The proposed "Plan" will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Further, the "Plan" observes the spirit of the Town Code, is consistent with the Town of Southold Master Plan, and furthers the public interest. (Also see Negative Declaration under SEQRA adopted February 7, 1996} . (e) The relief requested is not self-created or personal to the landowner, by the fact that the island is a single lot, the needs are related to the strict application of the zoning ordinance, the unique size, and natural characteristics of the land, historic nature of the buildings and Page 5 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals property, as well as the isolated nature of the island, limited access, and other unique characteristics described in the above findings of fact that are not shared by all properties in the vicinity of this property and same use districts, and other facts submitted under this application. (f) The large size of this single parcel (435 acres) , the isolated nature of the island with access only over water and by air, and its rural and historic character create unique requirements for accessory buildings and on-site support staff living, that cannot be found in other projects and which play a large part in this decision. 6. BOARD DETERMINATION AND CONDITIONS: ACCORDINGLY, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the relief requested under Appl. No. 4354 in the Matter of the Application of LOUIS MOORE BACON, SUBJECT TO THE FOLLOWING CONDITIONS: Height, Expansion, and/or Use: 1 . a. The height' and sizes of all existing and proposed buildings requiring variances shall be approved as follows: A.2 Boat House building - maximum 29.6 ft. height at 1-1/2 stories. The percentage of relief is approximately 64%, or 11.6 ft. BI Lane House - maximum 25 ft. height at 2-1/2 stories. The percentage of relief requested in relation to the requirement for an accessory building is 39%, or seven ft. C_1 Recreational building - maximum 45 ft. height at two stories. The percentage of relief requested is substantial at 150% or 27 ft. more than the 18 ft. code requirement for a new building, (but not substantial in relation to the 35 ft. height of the presently existing barn building.) C7 Caretaker Cottage - maximum 25 ft. height maximum and two stories. The percentage of relief requested in relation to the requirement for an accessory building is 39%, or seven feet. D1 Family Vacation Home - limited to 45 ft. height maximum and 2-1/2 stores. The percentage of relief is 28.5%, or 10 feet. Height is defined under "Section 100-13 Definitions" of the Southold Town Zoning Code. Page 6 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals D.4 Garage building with staff quarters - height at 25 ft. and two stories. The percentage of relief is 39%, or seven ft. I . b. The following buildings shall be permitted as unattached extensions to and subordinate and accessory to the principal building described as follows: (1) (a) B2 "Mackay Cottage" building as an extension of use which shall be subordinate and accessory to the principal building and with a living area and single kitchen; (b) B1 "Lane Lodge" building as an extension of use subordinate and accessory to the principal building and with living area and a single kitchen; (c) C7 "Caretaker's Cottage" building as an extension of use subordinate and accessory to the principal building and with living area and a single kitchen; (d) D4 "Garage with Staff Quarters" building as an extension of use subordinate and accessory to the principal building, and with sleeping accommodations and allowable microwave-cooking, rather than a permanent kitchen facility, for periodic vacation house staff, and not to be rented separately from the other buildings, nor treated as a dwelling or separate living unit, (unless further application and approval or waiver is granted for modification) ; and (2) A2 "Boat house building" shall be limited to office and lounge areas for security personnel and staff, and as an accessory building subordinate to the principal building, as well as for docking and storage of boats used by the owner and the owner's family, their employees and guests (as needed for transportation, security, family activities, and other island-related uses) - however, no kitchen accommodations are permitted (unless further application and approval or waiver is granted for the modification) ; and (3) C4 "Agricultural-Maintenance Compound" building use shall be limited to periodic sleeping accommodations and a single, shared-kitchen facility for up to four persons (agricultural staff) in this compound only, and not as a separate dwelling or guest unit, in addition to permitted agricultural activities, workshops, and accessory fuel storage and other storage uses (unless further application and approval or waiver is granted for the modification) . C. Future enlargement or expansion of the nonconformity (those buildings containing extended use of accessory buildings for habitable quarters) in addition to that requested under this application shall require written notification to the Board of Appeals, and if deemed necessary by the Board of Appeals, further application for the new expanded areas will be required (ref: current Section 100-241 or future Zoning Code regulations pertaining to "nonconformities") . d. To the greatest extent practicable, the presently existing, natural vegetated 20 ft. deep buffer between the proposed Vacation Home and the top of the bluff shall maintained and replaced only if necessary due to damage by environmental conditions, unless otherwise determined by the Page r of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Board of Appeals at a future date. (This condition is related to the height request for the Family Vacation Home. ) e. The setback of the "Family Vacation Home" shall be at 100 feet, or more, from the top of the presently existing, undisturbed bluff areas. (This condition is related to the height request for the Family Vacation Home. ) f. All buildings and structures shall meet or exceed Town require- ments and regulations for setbacks from bluffs and beaches as required by appropriate environmental agencies (Town Trustees and NYS DEC) . g. All fencing for the tennis court shall not exceed a total height at 10 feet above natural grade, as proposed; and there shall be no lighting for after-dark tennis court use as regulated by subsection 4-b of Section 100-31 of the Zoning Code. h. It shall be understood that the "Family Vacation Home" will be (is) the principal residential building and use, and other buildings (proposed in the "Plan") are subordinate and accessory to the Family Vacation Home. i. The "Family Vacation Home" building as the principal use will be (is) permitted to be constructed at a mean height of 45 feet. Lighting, Utilities, And Other: 2. a. That this approval is subject to the owner obtaining written approvals from the Southold Town Building Department, Suffolk County Department of Health Services, and other applicable governmental jurisdiction, as required, before commencing each respective construction activity, including the storage hazardous or toxic materials on the island and as regulated under Article 12, Suffolk County Health Department regulations. b. That exterior lighting, if any, must be shielded to the ground and not be adverse to neighboring areas. c_ That electrical and plumbing utilities are permitted in all buildings, and except as otherwise applied for in this application, all other accessory buildings shall be utilized for storage and uses as provided by the Zoning Code (presently referred to as Section 100-33) which outlines specific uses or activities allowed in accessory buildings. Other Conditions 3. a. That notice, and where required, written application shall be made to the Southold Town Board of Appeals for any change, modification, alteration to the Plan. The Board of Appeals reserves the right to require a new public hearing and may take action (under its jurisdiction) as it deems necessary. Nothing shall be construed herein to prohibit the applicant from constructing other buildings and structures pursuant to law, provided variances and other approvals where required are obtained. Page 8 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals b. The owner must obtain applicable agency approvals including the Federal Aviation Administration, Southold Town Board, New York State Department of Environmental Conservation, Suffolk County Department of Health Services including County Article 12, Town Building Department, and any other agency having jurisdiction as set forth in the application (and the "Plan") . C. Approval is required by the Southold Town Planning Board (and other applicable agencies) in the event that the property is to be proposed for a subdivision. Any type of new development, other than a proposed subdivision, will require written notice to the Board of Appeals, and/or further approval and/or waiver by the Board of Appeals or other agencies where appropriate. Such changes will be governed by the laws and regulations in effect at the time of those future applications and other agency actions, or variances that be granted therefrom. Nothing shall be construed by any of these conditions to limit the potential yield of the entire property as may be determined by the Planning Board in the event a subdivision is ever proposed for the property. d. The applicant agrees to advise the Board of Appeals in writing (briefly - one page) as to the construction status letter of this "Plan" every year commencing 4/1997 and until fully implemented and to advise the Board at that time, in writing, of any changes, modifications, alterations, or other proposals in this "Plan," except that accessory buildings and structures, agricultural buildings, sheds and storage buildings, gazebos, and other code-permitted accessory buildings, will not be required as part of a status report. e. The Board of Appeals, or its representative, reserves the right to inquire on the status of any portion of the project at any time, particularly if the owner fails to show intent to commence construction, or fails to continue construction activities within the time periods authorized under town building permits. f. The new family residence (referred to as vacation home) shall be the principal residential building and may not be leased or rented separately from any of the accessory buildings, unless otherwise agreed to by the Board of Appeals. All terms and conditions herein shall be binding on all lessees and/or lessor(s) . Further, any lease or other type of possession of the property or of its agricultural acreage and hunting operations shall be in compliance with all applicable rules and regulations of the Town Code. Any and all hunting operations or hunting-related activities shall be limited to non-commercial purposes, and consistent with the use of Robins Island as a private shooting preserve licensed by the New York State Department of Environmental Conservation. Any change in this use will require approval of the Board of Appeals. g. In light of the historic use of the property, unique access issues of the island and isolated nature of access, and the Town's desire to see this building completed and restored, the Lane House a/k/a Lane Lodge may be used with a single kitchen and used as guest quarters for up to 12 non-paying guests and employees of the owner of the property. These Page 9 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals quarters shall be used periodically but not more than 180 days per year, as agreed to by the applicant, or as otherwise determined by the Board of Appeals. h. The new caretaker cottage shall be an accessory building. In light of the historic use of the property, the size and isolated nature of the island and the unique access issues of the island, the owner of the property (must have an employee on-site to conduct 24-hour monitoring of the island. That employee and his/her immediate family may reside year-round in the C7 Caretaker Cottage with a single, full kitchen facility, for purposes of monitoring the island. i. The existing Mackay Cottage shall be considered in the proposed "Plan" as an accessory building. In the event the vacation family home is never built, the Mackay Cottage will become, or return to, the principal building, unless the ZBA designates otherwise, and other buildings will be remain accessory thereto. In light of the isolated nature of the island and the historic use of the building, the Mackay Cottage may be used as living quarters with a kitchen facility and for overnight accommodations, for up to six shooting staff or non-paying guests of the owner of the property. The Mackay Cottage, as an accessory building with guest quarters and single kitchen, may be used periodically but not more than 180 days per calendar year, or as otherwise determined by the Board of Appeals. J. The Agricultural-Maintenance Building, C.4, shall be permitted for agricultural use. In addition to housing the equipment needed to maintain the island, storing fuel for the island's heating and electrical needs and the workshops, the proposed dormitory quarters in this building may be used as sleeping accommodations with a shared kitchen for overnight stays of up to four employees of the owner of the property. These quarters shall only be used periodically and not more than 180 days per year, or as otherwise determined by the Board of Appeals. k. The Recreation Building shall be an accessory building and is granted a height variance to allow its mean height of 45 feet with the understanding that nearby trees will largely mask the height from off-island observers. The owner of the principal residence (vacation family home) agrees to use his best efforts to maintain a visual buffer. This shall not preclude the owner from normal maintenance of the trees. 1. The owner agrees to provide transportation for any and all children of school age to the main land at his own cost and expense. M. The owner agrees to allow the Building Inspector and/or an authorized representative of the Zoning Board of Appeals to inspect the Island, and buildings and structures, pursuant to Article XXVIII, Section 100-280-b of the Zoning Code, and at reasonable times, after reasonable notice to the property owner or authorized representative listed on the town's tax assessment rolls to ensure compliance with the covenants and conditions established by the Board of Appeals. Unless otherwise agreed, notice shall be by certified mail to Mr. Louis M. Bacon, c/o Kevin S. Law, Page 10 of 10 - March 6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Esq, Nixon, Hargrave, Devans, & Doyle, L.L.P. , 990 Stewart Avenue, Garden City, New York 11530. n. The Zoning Board of Appeals approvals are conditioned upon compliance with the above conditions and with written covenants prepared by applicant's attorney in proper form for recording. The written covenants shall incorporate the Board's above-noted conditions, with wording as approved by the town attorney for the Board of Appeals, and shall be recorded by the applicant with the Office of the Suffolk County Clerk within sixty (60) days of the date of this variance, or before issuance of a building permit under this variance. A conformed copy of said covenants shall be filed with the Office of the Zoning Board. o. In the event the owner, or his representative(s) , fails to comply with any of these conditions and/or covenants, and fails to remedy the noncompliance cited by the Board of Appeals, Building Inspector, or other authorized enforcement officer or agency, pursuant to Article XXVIII, Section 100-280-b (Enforcement Provision) of the Zoning Code, for that building or structure, the approval for the particular activity, building or structure under this determination cited for noncompliance shall cease and be of no further effect. This condition shall not preclude the owner from converting the subject building or structure which is the nature of a zoning violation or noncompliance, to that which is permitted as authorized by the Building Inspector to conform with Chapter 100-Zoning of the Southold Town Code. p. Any and all of the above conditions may be removed, withdrawn, modified, changed, or otherwise altered subject to further action by the Board of Appeals, and nothing shall be construed herein to prevent the applicant (owner) to make further application for the same. TR�ora/ VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, BrxAzio and Goehringer. This resolution was unanimously adopted. lk ZGERA D P. GOEHRI GER, CH RMAN TF111 C)48 5 I l �@IRowls APPEALS BOARD MEMBERS .r l ' t00fiv siv"i�i � I d Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen,Jr. 7 �; ,:' P.O. Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 // BOARD OF APPEALS PP �o/�i�ss/✓rir TOWN OF SOUTHOLD January 10 1996 Chairman: The last hearing of the evening is a reconvened hearing for the last regular scheduled meeting in behalf of Louis Moore Bacon and we will now continue this hearing as a continuation of the last hearing which was in December and we would ask Mr. Law if he would like to continue. Kevin Law Esq: Thank you Mr. Chairman. I just wanted to bring the board up to date. Some of the things that have occurred since our last meeting in December. First of all it's Kevin S. Law, Nixon, IIargrave,Devens, & Doyle, Attorney's for Mr. Bacon. We are in receipt of the boards Environment's Consultant's letter to the board requesting some additional information from Mr. Bacon, in order for your consultant to make a recommendation as to the Sequa determination from the board. We received that letter in between Christmas and New Year and we have referred on to our Environmental Consultant, and we're in the process of addressing those requests for additional information, and hope to respond to your Consultant to the board, whichever is your preference in approximately two weeks. And as we understand the board is thus, not in a position to make a Sequa decision tonight, and thus issue any decision on our application tonight but we wanted to come and continue the dialogue tonight with the board to present some additional information, and to also answer any questions that the board may have from the last meeting. If I could indulge the board and suggest sort of a sequence of how we'd like to proceed over the next two months. I'm hoping you'll entertain that, and then I'd like to proceed from there. Since the board isn't in a position to make any type of determination tonight because of the Sequa determination, and since the plan is a comprehensive plan and we have multiple requests for the board. What we'd like to do tonight is just address the dwelling unit issues, and try to get some reaction from the board, and try to get some direction from the board on that issue because, it's the plan that centers around those uses. Then what we would like to do is come back in February, and then specifically address all the height variances that we requested and present some information to the board on that including some of the drawing that you requested. Hopefully, we'll have some of the drawings by then as well, that we could present to the board and demonstrate structure by structure the reasons why we believe we're either entitled to or request a Page 2 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals variance. Then, hopefully after that the board will be in a position, once we provide that additional information, once we provide the additional Environmental information to your Consultant, the board will be in a position then to make a Sequa determination, and a decision on our actual application sometime thereafter. If that sounds OK to the board that's how I would like to proceed tonight. Chairman: That's fine with me. Kevin Law Esq: Thank you very much. One thing I wanted to clarify from the last meeting. I know I did monopolize alot of your hearing the last time and I won't do that tonight I promise. But if you left the hearing thinking that we were not interested in working with the board in establishing some conditions to our request that are mutual acceptable to the board and to Mr. Bacon. I want to represent to the board tonight, that we are interested in working with your staff person and with the Town Attorney, at arriving at some conditions that we can protect the Town interest and Mr. Bacon interest. And so, if there was any inkling that we weren't going to do that at last meeting, I wanted to dispel that and represent to you tonight, that we are certainly willing to work with you at arriving at some conditions that we can live with, and I thank you for that. Getting to the dwelling unit issue, as you know Mr. Bacon desires to use Robin's Island as a family vacation retreat. Continue the Island's 100 year History as a private shooting preserve. And traditionally, there were five dwelling units. There have been five dwelling units on the property and Mr. Bacon plans call for only six structures containing habitable quarters. And we believe the plan is our harmonious request to restore or to reactivate and to construct the six units, or the six structures containing habitable quarters. And as I said at the last meeting, the only year round, the only structure containing habitable quarters that will be used year round, will be that of the Caretaker cottage. One of the things that we needed a clarification on from the last meeting. You asked us to go back to the Building Department, which we did, to get an amended notice of disapproval, or to clarify a particular issue and that was. Which building is going to be the principal building. And it wasn't clear from the original Notice of Disapproval and I represented to you the conversation I had with the Building Department. But I believe now with the amended Notice of Disapproval, it's clear where the Building Department is coming from. And right now they view the Mackay cottage as the principal building. And as our submittals on our application describe, as I requested at the last hearing, and will request again tonight is. We would respectfully ask the board to interpret and make a decision and exercise it's digression, to construe the proposed family vacation home as principal building. And to not only advise the board, in what the code says. But, I was looking through the definitions in the code and I. The principal use as described in the Page 3 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals code, is the main or primary purpose, for which land and or structure is designed, or intended to be used. We intend or Mr. Bacon intends the vacation home to be the principal, that it's proposed to be the principal use. And the principal building, is the building where the principal use is carried out. And so, that is. The entire plan is designed around the family vacation home and we would like. We would respectfully request that the board designate the vacation home as the principal building. If the board is so inclined, we then request that all the other structures that aren't considered as Agricultural buildings, be accessory buildings. And I think it's important to note again, as I stated at the last meeting, that the Island is situated in the R4-00 district which allows residential structures and Agricultural buildings and various accessory buildings. And Mr. Bacon plans call for nothing but those type of plans. We are not calling for anything that is not permitted under the R400 designation. And so, if we could get the vacation home described as the principal building, and then have the additional accessory buildings contain inhabitable structures viewed as accessory, or subordinate to this principal building. That is what we're requesting. I think as our submittals show that, as I understand what the board needs to do. The board most engage in a balancing test as to whether or not those requests would allow us to use those buildings for periodic. Again, it will not be year round dwelling units. They will be used periodically by Mr. Bacon, his guests and his staff. He needs his staff for the various shoots that goes on there during the hunting season. Or other Agricultural staff. You understand, you need to do a balancing test where you have to weight the benefit to the applicant versus the determent of health, safety and welfare of the community. What I proposed to the board tonight, that our request, there will be no undesirable change to the character of the neighborhood or to the local community here. The benefits sort. Can it be achieved by any other way? There is one way and we discussed it last meeting and that is through a subdivision. And we didn't come to submit our application to the board, and to the Town, just Wily Nelly. We spent a year trying to do our homework, soliciting the input from various Town officials and there was one common thread, through all the comments. That was to try to keep the parcel as one lot, and try to avoid subdivision. We're trying to do that, and if we do that, then there really is no other way that the use of these buildings, as desired by the applicant, can be achieved. So we don't think these variances requests are substantial. Also, as we believe as demonstrated in our Environmental submittals, and as what we're going to provide to your Environmental consultant in terms of additional Environmental information. I think it will clearly demonstrate, that our variance request will not have any adverse impact on the physical or environmental conditions of the Island, and certainly not the neighborhood or the local Community. Page 4 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Since I think we could demonstrate all those items that are required for the variance that we seek, I believe Mr. Bacon should be entitled to use those buildings as he desires. With the vacation home being the principal building, and the Mackay cottage, the Lane Lodge, the Caretakers cottage and the Agricultural staff, and the Seasonal staff quarters, as accessory to the principal building and we would request your approval of those requests. As I said, to try to carve up and try to make the application, or our application discussions, make it easier for the public to understand as well as the board, not to try to confuse the issues. That's why we wanted to limit our discussions tonight to. And that is, we wanted to bring the dwelling unit issues to a head and get your reaction, and see where the board was coming from and hopefully receive some positive feedback on that. And then we would like to come back in February to discuss and provide the board with additional information as to why we're entitled to the height variances. I'm prepared to answer any questions that the board may have at this time or later on in the meeting. If I can't answer any of those questions, Jim Thompson, Mr. Bacon's architect, and project manager is also here. Perhaps he'd be available to answer those questions as well. Chairman: I briefly mentioned to the Town Attorney, and of course she is aware of your presentation of, and requests making the vacation home, the primary structure. I'm not answering for her. It's something that she's looking into at this particular time, and you know, it's something that we'll certainly will deal with at the culmination of all these hearings on this very, pretty magnanimous project actually. That's the only thing I can tell you at this particular point. My discussion with you individually was that, one of the main reasons it didn't exist at this time, and that was the reason why, right. That doesn't mean it couldn't happen in the future as a result of the culmination of this. I think the Building Inspector made the Mackay house the primary structure. Kevin Law Esq: Correct, and we would request that you consider that an accessory building to the vacation home. Chairman: OK. Lydia, do you have any questions of Mr. Law at this point? Member Tortora: No, I think we got the Town Attorney's, in your reference on whether it's a use variance or an area variance. Chairman: And we're looking at that now. We are actually meeting with the Town Attorney on that basis tonight. Kevin Law Esq: Great. She's been helpful. I've been trying to keep the legal arguments with her on preparing Town Attorney questions you may specifically have tonight. Chairman: OK. Do you have any questions of Mr. Law? Member Tortora: No, I had agreed with a new assessments. Page 5 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: Jim. Member Dinizio: I guess Kevin I'm still-. I guess I'm trying to find out just who benefits and who doesn't benefit from any application that you make. I look at an Island and I see six or seven structures, whatever it is, liveable places and I think that, why doesn't this man just go subdivide it. Why put yourself through this when it's so simple for you just to go there, carve out a few hunks of land, make them 10 acre lots. You have plenty there, and be done with it. You'll have to do everything anyway. If fire protection has to go, I mean. Kirk, you'd have to have that. But certainly, you're going to have to apply everything in this application that ,you would apply to the Planning Board with the subdivision. And I'm wondering why, and I'm wondering what benefit you gain from that. I know what the Town would gain from it. I think I know what the Town would gain from it. I'm just wondering why Mr. Bacon chose this direction. Kevin Law Esq: That's an excellent question and again part of it, the reason we're doing it this way goes to the guidance we received from the various Town Officials we spoke with in the past year, including the Town Planner. And the members of the Planning Board and the ZBA, and the Town Attorney and the then Town Supervisor. I think the Island has a History of being single ownership and being viewed as one parcel. It was felt that the best way to manage from the Town's prospective, was to manage the Island and to manage the Environmental sensitive portions of the property, was to have one owner, and it was in the Town's interest to do that. Was there a way we could figure out, to try to achieve that, where we kept the Island in single ownership and kept it as one parcel? This was the way we decided, was an option, you know. It wasn't the only way. As you said, we could submit a subdivision plan. We believe we're easily entitled to 30 ( ) lots. We believe that there are at least three hundred plus acres of buildable property on the Island. And you're right. Could we do that? But you know, Mr. Bacon is committed to being a good stewart of the Island as well, and to preserve any Environmental sensitive portions of it. He a man of means, who was trying to do, not only create a nice vacation home, a family retreat for him and his family, but at the same time, to protect the Natural Resources of the Island. That's sort of how we arrived at this particular land use mechanism. Member Dinizio: OK, can I just, I don't want to insult you Kevin. I'm asking you this question just so it's clear. What you said was, you're making an application to us because we asked you. The Town said, encouraged you to follow this direction, that the Towns people, everybody on that line would rather have this be in one lot with one owner as opposed to the 30 lots or even five lots or ten lots. Whatever you happen to yield, you have to get out of that. And I still didn't hear you say, what you gain or what Mr. Bacon gains. Kevin Law Esq: I think the public benefits outweigh the private benefits. But you're right. There are some private benefits that Mr. Bacon receives. I think that one of them is, the time to secure Page 6 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals the approvals, you know. I don't think it's a secret that, typically it takes a lesser amount of time to secure a variance. Not always, but typically. Rather then going through a preliminary subdivision review process and the final subdivision review process. That was certainly, that's a benefit Mr. Bacon achieved. He doesn't have to go through the more lengthy approval process of a subdivision. So that's certainly a benefit that Mr. Bacon receives. Your right, in that way, into the equation, absolutely. I'm not going to sit here and tell you not. Member Dinizio: OK. Chairman: I just wanted to say, that my discussions with you, going way back six or eight months ago, and then your subsequent decisions with my decisions, either during or after, or before with the Planning Board, was that I think everybody was somewhat happy with one ownership, one lot situation. I mean, I got no opinion that there wasn't anybody that wasn't happy with it. I mean, I'm not speaking for past Town Officials and present Town Officials. But, I'm just saying that, that was a way we were swaying. We were not swaying the subdivision route in my opinion, from my past discussions with you. Kevin Law Esq: That happens to be correct. Chairman: Yeah Kevin Law Esq: If I could indulge the board if it's not to confusing for the record. Jim, do you have something to add at this point, Mr. Thompson. Mr. Jim Thompson: I'm Jim Thompson, architect, Greenwich, Connecticut. I'd like to reinforce or maybe state to clear Kevin's remark, that Mr. Bacon has made an effort to be respectful and mindful of the community, and particularly our neighbors in New Suffolk. And in our work within the community, and in trying to become a member of the community, there has been a very clear signal to us that, members of our immediate neighborhood and Village would be very disturbed if a subdivision application was processed for the property, because they would see that as a breach of confidence or the loss of the opportunity to kept the Island in safe ownership, would open it to lawful, I mean. To have subdivision under one owner in the present, opens the door to having multiple owners and more construction in the future, which is something that is not the present owners intent, and therefore working within the Zoning Ordinance as R400 as a single lot. As far as I'm concerned, is more complex for the owner, and I think it should be taken as a respectful jester to the community because the public benefit definitely outweighs the private benefit. Chairman: Thank you. Member Dinizio: Could I just add one more thought, I guess it is. That going on this one lot theory, the fact that you'll have people Page 7 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals living in accessory buildings, if that's how we interpret it or go about it. We have one lot. We have 400 plus acres, 6 dwellings, some of them more higher than, I guess the Town allows, 45 feet. I may add 45 feet, mostly of the topography of the land, not necessary because you can build a house at 45 feet on a piece of flat land. But rather because it's on a piece of land that slopes. You're offering, I guess more or less. You're suggesting to us, we give you that 45 foot and plus a few accessories with people living in it. And what you're offering us is, an Island that will be pretty much remain undeveloped as long as this plan stays in effect. Am I correct, I mean. You offered us a plan. This is a plan to preserve Robin's Island in Mr. Bacon's mind and if we find that acceptable, his plan acceptable, we should go ahead with it. Do you get what I'm trying to say to you? I want to know it's not more than that. It's not more than you saying to us, this will last forever, or it won't last forever. It's just your plan and you want us to give it to you or not give it to you. I guess that's basically that's what I'm looking at. Kevin Law Esq: I think I know where you're coming from and part of the other guidance we received from the Town was. Don't try to come in here piecemeal. One structure at a time. Try to develope a comprehensive plan, and we try to do that and it's a significant challenge, because what Mr. Bacon is attempting to do, and certain officials have asked him to do. Try to figure out in 1995 now 1996, everything. He just purchased the property, acquired it in 1994. Everything he ever wants to do or construct on the Island and so, that's part of the other process. It took us a while to try to develope this plan and we appreciated your compliments at the last meeting. And that's what this is. It's a good faith, you know, best determination that we can determine at this time. What is Mr. Bacon's plans for this property. We understand that there is a concern that we develope some conditions, including if there are any deviations from the plan, that we would have to come back to the board for your review or to whichever board you would send it to. We are certainly willing to do that because the plan as proposed to you now, is Mr. Bacon best, good faith, determination of what he plans to do with the Island at this time. I hope that answers your questions. Member Dinizio: Yes it did. Thank you. Chairman: Mr. Villa Member Villa: Well following up on that Kevin, basically what you're saying, that the plan is evolving and it will evolve for some period of time yet. And I have no problems going along basically with the concept. I'd just like to see everything in place before this board give any kind of a final binding approval. Now, you're talking phases. Is it possible that we could issue approvals on a phase by phase basis for a period of time? Kevin Law Esq: I'd like to discuss that with our project team and Mr. Bacon. My initial reaction to that would be negative. Again, Page 8 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals largely because we spent alot of time and effort and money in trying to develope a comprehensive plan because, not you Mr. Villa, but others had said, we don't want you coming in here piecemeal. We don't want our approvals piecemeal either. I think what Mr. Bacon wants is, he wants to know that his plan as proposed is something that he'll be able to implement. Member Villa: Yeah, but when is your plan as proposed going to be final. You're asking, you're saying you'd be negative to my request. You have to respect that I would . be negative to your request if you don't have a final plan. Basically, you're coming in here and saying it's evolving, well fine. How long is it going to evolve? Kevin Law Esq: I don't think the plan is evolved. As I said, I think it's evolved to this and you know, alot of time and effort went into developing this plan. What I'm suggesting that, if there are minor deviations from it or any deviations from it, we'd certainly be willing to come back to the board and request your guidance and your approval of it. Member Villa: That still leaves me on shaky grounds. Chairman: : OK I think what emanated out of the meeting with the Town Attorney tonight Kevin was this. That there was a thought that a Phase 1 and Phase 2 situation might be something that might be in order. Your immediate concern is the construction of whatever Phase you're going to start when the weather breaks, assuming you get approvals from this board. I don't care if it's. I'm not saying this in a derogatory manner. We don't particular care and I'm not speaking for the board. I don't particularly care if it's the Lane house or the reconstruction of the Mackay house, or the actual development of the whole industrial area, the barn area. I'm not referring to it as a industrial area. Kevin Law Esq: The Agricultural area. Chairman: The Agricultural area, ok which includes the Caretakers Cottage and so on and so forth. Once everything else was in place, the board would then complete the review, the review would be completed and then a decision would be rendered for the rest of the entire plan. That was a thought that was discussed with the Town Attorney. Yes, Jim. Mr. Jim Thompson: I'd like to ask a question if it's not possible to pursue or a disinclination to pursue approval of the whole list of concept then, how do I know how to proceed. Chairman: Right Mr. Jim Thompson: Because now I don't know whether I'm dealing with the ordinance as it relates to the principal unit, or the accessory unit. I don't know what's what on the property. I don't know what's conforming, what's not non conforming. Page 9 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: No, that's not the case Jim. The case is continue with the plan. The normal way the plan is to continue, ok, and just to tell us what Phase you going to commence or wanted to commence in April or May to get approvals for. When I say approval I talking about Building Permits and commence construction up. We know the vacation house is the last thing to be constructed according to what you have told us and what we see in our documentation. Mr. Jim Thompson: : The construction schedule as submitted in the exhibits to the EAF indicates that area B and the utility and infrastructure to the Island would be our as well as some agricultural structure, would be our primary focus through 1996 and 97. Chairman: OK Can you. I'm talking short term phase. I'm talking six month or eight month phase. Immediate, so that possibly we could wrap this thing up by the end of, or November, December of 1996. Mr. Jim Thompson: Not being a lawyer, I guess the dilemma I have is. If I'm to prepare for my client proposals and plans to make an investment in the restoration of the Lane house for example. Chairman: Right Mr. Jim Thompson: And then he says ok, well. Now I have a habitable structure on my R400 parcel. It is the dwelling unit, I'm screwed. Chairman: There is no anticipation of what we have seen that there is going to be any change of what, ok, of what we're doing. Our concern is that everything keeps on flowing. We don't know if we can complete a decision by the time that the ground breaks is the issue, and that's basically it. Mr. Jim Thompson: I respect that and I don't think that the board should or could feel any pressure. We're not applying any pressure that's say's, we have a deadline to structure on this property. What is necessary for the comfort of the land owner to know, that he can precede with the improvement of his property within his rights is some certainty that, his concept or needs for safe and effective use of an estate property is secure with the Town. And to us the multiple structures would have more quarters is absolutely essential to the safe and effective operation of a large estate property like this, because it's located on an Island. Where you have no community services, no infrastructure , no support, you've got to be self sufficient. Without some guidance and agreement on that principal, then we have nothing and I have no basis to represent to the owner of the property. Chairman: OK Mr. Jim Thompson: And it would be safe, proper or appropriate to continue with the rest of it, in the improvement of the property. . .... ..____._ Page 10 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: : OK. Well, we were just throwing it out. Basically, it was a thought we were discussing with the Town Attorney. If you have any thoughts to her, based upon what we threw out to you, you're welcome to do so. We have an ongoing discussion. You have an ongoing discussion with her. All the doors are open and everything is continuing and it would be unkind of us if we didn't threw that out and that was basically the situation. Is that proper in saying that. Member Dinizio: I would say it was not unanimous. Chairman: Yeah, it was not unanimous. Member Dinizio: It was a result of a discussion. Chairman: It was certainly not unanimous. You are absolutely correct Mr. Dinizio in all due respects. Kevin Law Esq: I saw the Town Attorney as I was coming in. She was leaving but she did ask me to give her tomorrow or Friday, and I will certainly do that to continue the dialogue. Chairman: Sure Iievin Law Esq: But I have the same concerns that Mr. Thompson expressed. Again, not to monopolize any more of the board's time. Chairman: Right Kevin Law Esq: Unless you have other questions for me. Chairman I just want to --. Iievin Law Esq: Again, you have goals and we have goals, you know. As an Attorney I'm always going back to the Client. Well, what have you done for me. I'm looking for some. I know you can't make a decision tonight and I'm not asking you for a decision or even an advisory opinion. I'm looking for some favorable reaction to the concept of the vacation home being the principal use, and then the accessory buildings containing the other habitable quarters that will only be used periodically throughout the year, and because I think the rest of the plan is centered around that concept. Chairman: The word accessory when it conforms with zoning and has habitable dwelling C of O's, which these will be, is not the proper word to use because accessory is accessory to another dwelling, ok. Secretary Linda Kowalski: Are we talking about accessory buildings. Chairman: Accessory buildings. Secretary Linda Kowalski: And extension of the main dwelling. Page 11 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: Right, right. Secretary Linda Kowalski: Accessory buildings but the uses are different Jerry. Chairman: Yes. So, it may be a phrase or a term that we have problems with on that basis. So we're dealing with that aspect of it at this particular point. Personally, I don't have any particular problem as long as legally we can do it, ok. That's basically the issue as it stands, all right. For the public that are here tonight, we are entering into and entire grid that we're trying to fit into a zoning code which does not necessarily address all of these issues. And I know that there are ultimate concerns with members that are immediate neighbors, who are the New Suffolk people and who are members of the New Suffolk Community is the proper phrase to use. For their benefit and for everybody's benefit, we have extended this over a series of individual hearings because it's very difficult for us to understand every specific aspect of this great, great piece of property, and we do appreciate that aspect of it. But for their benefit, that's what we're doing. So, we've gone through a certain step. Our Attorney advises us. We then talk to her. She then goes back and addresses legal aspects of it and then re advises us and that's basically where we are. So, we know Jim comes all the way down from Greenwich to do this, and we do know that's a hardship. We're sorry about that. We know that Kevin comes from Smithtown, actually Garden City, but it is helping us to understand the process I think. Kevin Law Esq: I'll continue the dialogue with the Town Attorney and try to hammer these issues out with her if that's going to be helpful to the entire process. Chairman: To try and take this entire project, and to put it into one four hour hearing, would be so difficult to understand, that I think would take us days and days and days to try to disseminate it before we could get to that particular point. And of course, remember again, for members of the community. We have a Sequa process running like a railroad track, right down the whole issue. That our consultant is dealing with also. Just so everyone is aware of that situation. And there are other concerns that your representing, an owner on other issues that are running also, that don't necessarily concern the board. But that's a third railroad track that goes down the line. So, these are all things that we are taking into consideration. So that basically where we are. Kevin Law Esq: We appreciate that and we thank you for that and that's why we thought it might be a little easier tonight if we just limited our discussion tonight to our dwelling unit issues. Chairman: Right Kevin Law Esq: And come back if the board would have us in February, and get into more specifics on the height variances that we're seeking. Page 1.2 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Chairman: Good, good. Let's just see before you leave us if there is any particular problem. Mr. Jim Thompson: Applying for the variances that are required would create another similar parcel. It's a tough one, it's a tough one. But I really see that again that the DEC requires 75 feet for structure normally, this is 60 feet. The Health Department requires 100 feet for sanitary system, this is 60 feet. It sets a prescient. Chairman: Have while they're here during this hearing. Anybody want to speak about this project, Mr. Fenton. Mr. Fenton: I came all the way from New Suffolk. I represented the New Suffolk Community a number of years ago when we voted 185 to 10 to try to prevent the building of condominium's there. We were successful but that was an adversaries proceeding. This one for the most part isn't. Most of us has welcomed the Bacon purchase as a continuation of private ownership and it's participation as a tax paying entente. However; some of us have some comments and questions, and when we sorted them out they appear to fall into six main categories. I'll try to be brief with respect to each. One was a helicopter pad. Second was electricity. The third was the school. Four was the height variances. Five was Lyme disease and the sixth was taxation. Helicopter Pad - I know helicopter pads doesn't adversely affect the environment. What the helicopter's do, they make noise, they create turbulence, they can be dangerous if certain restrictions aren't observed. And the questions that some of the people in the community have raised include, where the pad is located, it's proximity to wildlife, and the effect on the people who boat there in the Summertime. It gets crowded in there. There is a concern of spooking the deer. They use helicopter's in the Southwestern part of the United States to manage cattle herd, and they take pictures for inventory purposes. They transport workers too. I guess what they used to do was brand them, now they tattoo the animals. But they have to be very careful not to stampede the animals, and I think on page 64 of the presentation that was made, they talk about the lack of noise on Robin's Island and how tranquil it is. And maybe a helicopter isn't really in keeping with that. We would like to keep the helicopter pad away from New Suffolk as far as we can get it. We wonder whether it should be anywhere near where the animals are, or where the people are who use the North base area, and I think Deer are probably more prone to be frightened than more high strung animals, than cattle are. Mr. Bacon said, he's going to be using this for hunting. Is he going to be using the helicopter as a gun shoot? It's a very challenging thing to shoot a moving target from a moving platform and it's quite a challenge and we don't know what his plans are. One of the concerns that was expressed was this very concern. Would the helicopter's take off at night and land at night and disturb the peace? Are they going to light up the helicopter pad? Will the flight pads go over New Suffolk? Will it come from the Southwest or Page 13 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals the Southeast, where there would be less change of effecting anybody. That's if you permit. I think the concept the people have is, keep the helicopter's away from New Suffolk if you can, if you allow it. One of the neighbors raised the question about multiple helicopter sight seeing flights when Mr. Bacon has guests. The presentation indicted that it would really be superficial use of the helicopter. But you know, if you have 50 guests. You may want to take them up and ride them around and show them the place. We have a concern about that. Bacon may lose the property or he may sell it and what about the next owner. Is he going to offer rides. Is Bacon going to rent it out? He could get a million or two million dollars if a movie producer can use it as a site. The next James Bond picture. They like Islands, they like Smertz headquarters or whatever they call that place and why turn down a million dollars for a rental. Do we open a door with a helicopter pad, it becomes more attractive. These have been some of the concerns that we're expressing about the helicopter pad. Chairman: Those are very valid issues Mr. Fenton. Mr. Fenton: I don't think anybody wants to give them a hard time. That's not the purpose but you know. I've lived opposite Robin's Island all of my life, and I know what it is, and it can't always be the way it is. I like the fact that he wants to use it for hunting. I respect that. I wasn't thrilled about exterminating as many Deep's as we're exterminating. It's his Island if that's what he wanted to do, fine. Helicopter's, that doesn't seem to go with Robin's Island. Electricity, the proposals and vintages, making his own electricity. I guess using a generator or generators. I assume that they are going to be powered by some kind of fossil fuel engine and the alternative of using Lilco isn't mentioned. At least, I couldn't find it and I have to speculate now. These were the questions that were asked. Why not Lilco. Does it cost too much for a table? Is it because they have to get stand by generation, anyway, in case Lilco goes down, which happens, and the cost to add additional is not that much greater. Is it an Island mentality that requires self sufficiency. Now, if they don't use Lilco, the rest of us have to pay higher rates. I know it's interstitial, from a social standpoint. If everyone uses Lilco they could advertise more uses. We all use Lilco. Maybe he should be in the same boat, I don't know. There is exhaust from possible fuel engines. I assume we have millions of them on the Island. One more or two more are not going to make a big difference, from a social standpoint. Why have that exhaust? Chairman: I have to be honest with you. I was elated when I heard he wasn't going to run a cable to the Island. Mr. Fenton: Well, these aren't questions that solely rest with me. These are questions that people have asked. There is a cable that runs to Plum Island. There is a cable that runs to Shelter Island. Page 14 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals You know, I don't know that cable hurts anything. Now you may have been elated. Maybe you will have to explain to me sometime when we get a chance to talk, why. I just raised the question. Chairman: I had the really great -. I should say, a friend of mine had taken me to the US Open this year, and there was about six generators at the US Open powering most of the PBC and most of NBC News and cameras, in very remote location, and I have a tendency to look at things, just not that exist on the surface, but what exists in the background. And I purposely stood next to these generators and Mr. Bacon has about three or four at this particular time. I believe they are and I will ask, powered with diesel. But, I found absolutely nothing emanating out of any of them, including the one on Robin's Island that I was standing near and was running, ok. I have to be honest with you. In my elation again was, the fact that he wasn't running a cable. Mr. Fenton: Good but if he doesn't run the diesel, nothing goes into the air, it's a ( ) . I'm not saying it's critical. I'm recounting to you. Chairman: I'm just saying to you, sure. Mr. Fenton: What's accumulated in the Community. Chairman: Sure Mr. Fenton: Now, I was there this morning. There was a humongousfuel truck there. That fuel truck goes on to an old Army or Navy ship that takes it there. Now, I don't know whether that is a seaworthy vessel. I assume it is. But, you start transporting oil to run diesel generators, you can have oil spill. Do they have booms. Do they have people that are trained in spills. If you don't load that thing right in the center and you get a high wind, is it going to tip over. I know it's not X. L. Valdez but we do live in a community and we are concerned. Chairman: Sure Mr. Fenton: If you go in that Harbor in the Summertime, I defy this landing ship to get through. There can be a collision, and these are the questions that have been asked to me, if I know the answers. Mr. Chairman: Sure Mr. Fenton: 1 guess, you're the leed Agency. Chairman: Yes Mr. Fenton: That's why, you asked if there is anybody from the community. Here I am. Chairman: Again, another valid point. Page 15 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Mr. Fenton: Third item. And I'm sure the captain that they selected here is not the fellow from the X. L. Valdez. The school-. Chairman: We hope not. Chairman: OK, the school. The proposal seems to acknowledge that the obligation to transport children of school age off of Robin's Island rests with that. I'm wondering whether this should be confirmed by a covenant to run with the Island's deed. If not, the next owner or owner's may require the school to transport each child to Southold or to the New Suffolk School as the case may be, and leave the school board to contract with them car and auto services. Now, I don't know if that the road runs down the center of Robin's Island will become a Town road at some point, or whether is going to become a dedication. Well, you don't know. I think you have to look ahead with these things. Chairman: I agree with you. Mr. Fenton: We're looking to protect the school so that they don't have the expense, because if all the school taxes go for that. If the school board is required to transport them. I don't know how that gets done. I think the covenant filing of the deed, is the right way, but I don't know. It's a point that been raised. I think that the present rules are, if someone lives two miles away they have to be transported. Now, I could easily see someone in the take his cottage or someone down the road that lives within two miles. Height variances: As you know the local Legislature has enacted a law after the required due Public Notice and Public Hearing and the predecessors in interest of this Island have the opportunity to be present at those hearings. I don't know if they do but it seems to me that we are all bound by these height rules. I don't know if there should be an exception here. You can grant variances for hardship ( ) . 1 didn't see any in the presentation. If there are valid reasons, fine. An 80 foot microwave tower . A Telephone Company's Microwave Tower in Cutchogue is less than half that height. You can get superb television reception with an antenna dish on the ground. You can speak to anybody in the world with a cellular phone. You can fax through. I don't know that you need a 80 foot Microwave Tower. Maybe there is a reason. I think the same thing is true. Well, let's go back a bit. If you grant the variance. We have a vote a number of years ago when the Cutchogue Fire Department wanted to put in ladders, hook and ladder engines that would fight fires that are higher, fire height. It was voted down by the people because we didn't have any building that were high Enough to require those ladders. Chairman: Right Mr. Fenton: And the equipment and the buildings for that equipment, and I think it was intelligent at the time. Now, I think Page 16 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals that Robin's Island is entitled to whatever the fire protection that Cutchogue can afford, and if there is a brush fire, it will be time to get out there and help them. But, if they are going to build buildings that are higher than what we have equipment for, the next step is going to be. Hey, we have to get longer engines to be able to help Robin's Island in case there is a fire. We don't want to get into that. It's a concern, and I've seen things like this snowball, and you have too. The proposal mentions this tower also, I think for water. Again, I don't know. I can get tremendous pressure in my pumping setup with adequate diameter of water lines and pumps, and I would assume he can too. There is a ( ) on the Island that he proposes to use it. With pumping I don't know that he needs an 80 foot water tower but if he can demonstrates that he needs it, that's one thing. I didn't see any of that in the proposal. Lyme Disease. As we know Deer ticks can carry a transited Lyme Disease and they have been Deer on Robin's Island before any of our ancestor's arrived here. And this may represent some threat to those who live nearby. But, I understand many of the Deer have been exterminated, so there will be less problems with Lyme Disease. Moreover because there is more contact between the Island and what I'll call, the mainland. Alot of workman come each day. Alot of debris comes and I don't know if anybody has ever studied or looked to what possibilities there are, or whether the Deer on the Island are infected or not. I think something should be done about that. I know of one workman who refused to continue to work on. the Island or says he refused to continue to work on the Island because of fear of contracting Lyme disease. I'd like to know, the Community would like to know, has anybody come down with Lyme disease who worked on the Island. Are there any statistics about that. Is there any study about it and is there anything we should do about it. From Plum Island, if you come off the, they decontaminate you on the way. I don't know if it's necessary here but there are Deer there and there is alot more contact now. Should this be something that we should look at. Last item is taxation. Up until now, Robin's Island has been taxed the way the rest of us have been taxed. And I'm basing this on appearances, and I could be all wrong because they talked about this Unitary Island. Somewhere in this thing it seems to be a plan to eliminate part of the Island from being taxed, by calling it a preserve. And I guess this would be a tax exempt foundation of some sort. And it's a creative tax concept and if I was going on to the Island, I guess I would try to do the same thing. But whatever taxes Mr. Bacon doesn't pay the rest of us pay. So we want to be a little bit alert to what's happening, and to what the plan is. If the plan is to let it be taxed as an Island and he pay's on the whole Island, fine. That's the end of that possibility. On the other hand, if we're going to end with 95% of the Island being a game preserve and not taxed, 5% tax. I think that you may not want to be a party to that kind of scheme, and I think it's something to be alerted to. I know you're not the Assessor's and you don't get involved in taxation but what you do will effect how this Island get taxed. I don't think the Community is looking to stick it to Mr. Page 17 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals Bacon. On the other hand, it's always paid it's taxes and we would like it to continue. Now, this game preserve or this preserve that it is, it's under his complete control and you can't get access to that, except with his permission. I think that's one of the reasons why it should, because of that control, that the whole Island should be taxed. But the vestiges we'd be getting, the signals that we are getting and the contribution that have been reported in the newspaper of a million dollars, to this major conservancy to help them manage the environment aspects of it, nature aspects of the Island, kind of indicate to me and some of my neighbors, that this is the direction that we are heading and I think we should be alert to it. I mean, I'm not saying if you give a million dollars to someone that's a bribe. You know, you apply a women with diamonds, you know, no goes out of her vocabulary. It's a problem. The last thing I have is just a personal observation that, I showed you a picture before, I think I'll leave it with you. I live opposite Robin's Island and always we had Deer that would swim across and visit. Now they weren't Mackay Deer, I don't think. They were Deer and they were there and they were transitory and they could come and go and they do or they used to. They don't come anymore. We didn't have any Deer last year and this whole process of, like keeping it like it was is questionable because we're not getting those Deer because they reduced the Deer population. I'm sure it's managed in a very proper way and it follows along the rules. But nature used to do that and it worked very nicely. I'm not so sure if what is happening is for the best. The other thing is, I showed you another picture. We have a launching place and unfortunately you can't always launch. There is a big sign there that says, "Only bugs 20 feet or smaller". But here this landing ship sitting there, it's got to be 75 feet. Now, it's not Mr. Bacon fault. He doesn't tell them not to do this but some of the men that runs this place are arrogant. They don't care. The oil truck that was there was parked in front of the Post Office this morning, nobody could get to the Post Office without parking quite a distance away. That's not ( ) . Maybe the message has to go down from him to his people that we do live here, and we'd like to be good neighbors but he should educate them. You know, New Suffolk will be here when Bacon's gone and he has to realize that. Thanks for permitting me to say what I have to say. Chairman: OK. We're going to request from Mr. Law that he research every one of these issues. You know, your welcome to react to them tonight but I would rather have you extensively react to them at the next hearing. Your welcome to react to anything at this point. Mr. Fenton: I'm not here in an official capacity representing the people in New Suffolk. I did that when I did that now. I'm here as an individual who has some neighbors who have expressed some of these things. I don't agree with all of these things. I don't mind hunting. I mean, I do it myself. I don't have an aversion to it. I know the Historical part of Robin's Island has been hunting but the Helicopter's, those 80 foot Microwave Towers, I don't know. That's Page 18 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals not what the North Fork is for and I think that's something you have to keep in mind. Chairman: You want to ask him. Member Tortora: Would Kevin's response be part of the Environmental Assessment. Would that be appropriate? Chairman: Well, why not. He can still react to it even though it's part of the Environmental Assessment. It's part of the hearing, yeah. Thank you Mr. Fenton. Mr. Fenton: Your welcome. Mr. Kevin Law: In light of the hour I'll be very brief. I'll be happy to respond more formally to some of the concerns, but I would like to address some of the things Mr. Fenton addressed very briefly if I may. First of all I want to thank him for raising some of the issues that he did raise, and I thing some of the issues, very interesting issues and issues that we try to address and if we haven't been clear, we'll try to be clear on them. So I appreciate his taken the time to come down here tonight to share with us his concerns. First of all, as Mr. Fenton ended is exactly where Mr. Bacon wants. Mr. Bacon wants to be a good neighbor. He's trying to become a part of the New Suffolk Southold Community and he's trying to do the right thing. That's why we've been trying over the past year to seek the input and guidance from various people in the Town before we try to implement anything. And so, we share the same goals with Mr. Fenton. To address his concerns individually. The Helipad, while it's not something that is within the jurisdiction of the board here. But if Mr. Fenton isn't aware that the Helipad is located in the center of the Island near the existing structures, and the primary purpose of the Helipad is for emergency access to and from the Island. Something that in our discussions with the Cutchogue Fire Department they particularly raised, and they were delighted to hear that one was anticipated. And again, it's not going to be used primarily for access to the Island but it's more designed for emergency access and that is the intent of the Helipad. As for the electricity. Again, I'll rest on the comments that ,you've made by Mr. Chairman and just to add to it that I think that the Environment impact of bringing cables underneath Peconic Bay would far outweigh any impact that some ignition from diesel fuel the generators would create, and we think this is a much more environmental friendly approach to meeting electrical and energies of the Island. As for the school as Mr. Fenton properly pointed out. The only possibility of the Island generating any school population as contained in Mr. Bacon proposal plan was. If the Caretaker was to have any children. We, Mr. Bacon would be responsible for providing access to the New Suffolk Community and that is a condition that we would certainly be willing to entertain with the staff person to the board and to your Town Attorney, and something Page 1.9 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals like that is something that we would be willing to discuss. As for all the other buildings containing habitable quarters, they'll only be used periodically throughout the Summer or through the hunting season and primary on weekends and we don't see any school age population existing on the Island. As for, again I'll be brief. We're going to address more of the height issues at our next meeting. Just to get on the record. As I notice someone from the media is here, is that the Water Towers and Transmission Towers. There is an exemption provision in the Town Code that exempts them from the height restrictions to the extent that we could address some of his concerns. We tried to address them in our Environmental Assessment and if we need to clarify something, we'll try to clarify that before the next meeting. And for the Taxation issues. Mr. Bacon pays over $100,000.00 a year in taxes. On the property right now. I believe about two thirds of that goes to the New Suffolk School District. I believe once Mr. Bacon begins to implement post plan and starts to construct some of the improvements that he's proposing here, that the Board of Assessors will be over there, and there is likely to be an increase in the assessed value on the Island and that's only to benefit not only the New Suffolk School District but to the Town of Southold in general, because Mr. Bacon is not going to be a demander of Community services. He will be a big provided of taxes but he won't be a demander of Community service and there is no intention on Mr. Bacon's part, although he's trying to protect the environmental resources of the Island to try to take the property off the Tax Rolls and try to use any tax mechanisms to relieve himself of any property tax burden. So I want you to assure the board and Mr. Fenton and other members of the public here, that that is not the intention here and I believe that the Town and New Suffolk Community will certainly make out when it comes to property taxes. Chairman: Thank you Sir. Mr. Kevin Law: Other than that, I could address some of the other issues more specifically at our February 6 meeting in light of the hour and I thank you Chairman: Thank you Mr. Fenton: One prior ( ) . I think at the present time the Island pays 10% of the Suffolk School taxes. New Suffolk spends between 3 and $400,000.00 a year. Mr. Kevin Law: The point being that Mr. Bacon pays $100,000.00 total. Chairman: Total Mr. Kevin Law: In property taxes. Some of that goes, I believe 20% of that $100,000.00 goes to the County of Suffolk, 20% of that goes Page 20 - January 10, 1996 Public Hearing Transcripts Southold Town Board of Appeals to the Town of Southold and 60% of his 100 goes to reducing the hospital debt. Mr. Fenton: That's what I'm saying. If $60,000.00 came in from him and that would 10%, that would mean New Suffolk is spending $600,000.00, that's not the case. Mr. Kevin Law: I don't want to get into an argument on percentages. I stand by the figures I presented to the Town. Chairman: Thank you. I am not trying to curtail any discussions may exists here but I do want. We developes a new rule that at 10:15 and we have to do some deliberating and if there is somebody that is not going to be at the February 7 hearing, you're very welcome to make a brief comment. If not, I'd like to bid you all a good evening and a safe home. I'll make a motion to continuing this hearing to February 7. All in favor. Noreen Frey Transcribed from Tape Recording January 10, 1996 Hearing i aa Memorandum from . . . . 3 Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: From: s �. ily, e A Page 30 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals 8:45 p.m.-Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND) . This is an application based upon two Notices of Disapproval, the grounds for which read as follows: E. 1 Family Vacation Home, s/w portion of Robins Island will exceed principal building height limitation of 35 ft. as stated in the Bulk Schedule for the R-400 Zone. E.1 Family Vacation Home as a principal one-family use; Building C.7 Caretaker Cottage for year round use and occupancy and Buildings B.1 Lane Lodge, C4 (C4.1) Agricultural Compound, E.4 Garage with staff or guest quarters each as an accessory: One family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. All buildings which will contain living quarters as an accessory with an extension of the principal one-family dwelling use and/or which exceed 18 ft. ft. height limitations as an accessory are being considered for variances under Article 111, Section 100-33A. A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, B.2 MacKay Cottage, C.1 Recreational Building, (Farm center unit) E.4 Garage with staff quarters, B1.2 Mechanical Services Building and B2.1 Mackay Garage will exceed 18' height limitation as accessory buildings, Article 111, Section 100-33A. (Approvals required by the Zoning Board of Appeals before building permits may be granted.) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; Parcel ID No. 1000-134-3-5 of 434+-acres. Chairman to Kevin Law, Attorney for the Applicant: We thank you and your staff, your architect and everyone for the great assemblage of the visual aids that we have here. I do need a motion to reconvene. All in favor, Aye. Mr. Kevin Law: Thank you very much. Kevin Law from Nixon, Hargrave, Devin & Doyle for Mr. Bacon. As the board knows, we were here for our first public hearing in the month of December, and we tried to use that meeting to introduce Mr. Bacon's plans for Robins Island to the board. We then went into the next hearing in January, where we tried to concentrate on the presentation of the dwelling unit issues, which is one of the more significant parts of our variance application. We then spent the later part of January addressing some of the concerns and comments with questions raised by both your Environmental Consultant who assists with the board in carrying out its SEQRA responsibilities, and from a member of the community, and we recently forwarded that response to the board and to your consultant. What we'd like to do here tonight, if it pleases the board, is to address the height variances and to discuss the reasons why we are requesting the height variances. What I'd like to do is just share some comments with you without those height variances to get some thoughts and comments, and then turn it over to Jim Page 31 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Thompson who's you know our architect, Mr. Bacon's architect for the plan, and he could go into a more specific description of those height variances, and using those visual aids that we brought here tonight, the model and the drawings. Chairman: It sounds perfect. Mr. Law: If it sounds okay to the board, I will commence my comments. Thank you. Again, part of what we did during the month of January was that Mr. Thompson went back and reviewed the design and the functions of the structures that Mr. Bacon is proposing, and we're happy to report to the board that we have significantly reduced the size of the boathouse as well as we've reduced the size of three of the garages that we're seeking variances on, to the extent that we brought them down to 18 feet. We've eliminated the need for variances on three of the garages. While we are still seeking a variances for the boathouse we have brought down the size significantly from 35, a proposed 35 foot height to 29.6 feet. What I'd like to do is inform the board as to what the function of some of the structures are that we're seeking, what the height variances are and some of the reasons why we're seeking the variances. The boathouse - those who have an application in front of you - we've identified it as 8.2 in area A, which we refer to as the Island access area, is basically designed for the control the property access. It is also going to, besides the boat storage functions of this building, it will also have room and space for the boat captain's first aid area and security. The boathouse will function and serve as access for equipment, goods and services as well as emergency vehicles. It is going to be designed to be visually appealing. It is, we would like to think that it represents a resurrection almost all other structures that were once on the Island. For those who are familiar, and I know that the Southold Community is, and the New Suffolk Community is. Historically there were a number of structures right where we're proposing to build the boathouse, and especially the old brick Hill building was once there. Five hundred feet to the south the proposed location of the boathouse are four existing buildings which, the roof tops because of the topography, are actually going to be higher than the proposed height of the boathouse. Jim will get into that more as he goes into discussing it with the drawings. For those members of the board that were with us on the site inspection in December, if you recall the windy day that it was. We were standing right there near the boathouse, and we could barely hear ourselves talk to one another. I think that goes to show the need to have a secure structure there, and to provide the access for the Island, and also to provide for the comfort of those coming to and from the Island, as well as all the other reasons I just Page 32 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals shared with you. For the equipment goods and services and emergency vehicles. We do not believe that the boathouse will create any undesirable change to the community. We believe the design promotes seclusion with the existing buildings on the Island, and that we plan as required, we will comply with all the Town, and DEC, Wetland requirements and regulations and standards. More importantly, that we don't believe that this will have any detriment to the health, safety and welfare of the community. It will be consistent with a multiple-boat houses and similar structures throughout the waterfront communities on both Forks. Those are the reasons, and the reason why we need the height is again, because it's going to be the primary structure where goods and services and vehicles, bringing those goods and services to the Island will be coming off the dock and on to. Some of these utilities, fuel trucks and emergency vehicles will need height as well. So, we think there is a need for the size we're proposing. Feel free to interrupt me, not interrupt me, but ask me questions if it pleases the board, I'll just go right into again, the description of the buildings we are seeking variances on, and if you want to save your questions till the end, I'll accommodate the board. Chairman: While you're talking about the boathouse again. The access is directly from the dock to the boathouse but there will be ail alternate access around the boathouse for emergency vehicles. Is that correct? Mr. Law: Yes that is correct. Chairman: That was my concern. Ok. Mr. Law: The next building that we're seeking height variances, a height variance for, is the recreation building. Again, on your records, I hope you've identified it as Cl, C being the farm center area, and the recreational building we're proposing at 45 feet high. We think that the building will address the recreational needs of the applicants guests and family. As I stated out in December meeting, there are no parks or playgrounds over on Robins Island, and having an indoor recreational facility which will also prevent children. As you know, Mr. Bacon has four of them. From planning in environmental sensitive areas, what we're trying to do with the structure is to keep all related indoor recreational activities under one roof, for the sake of effective organization as well as to prevent multiple structures from impacting the environment. We believe the building is nestled far enough inland, not to be seen, lower than the tree lines, and the proposed design is going to be an attractive gambrel farm style roof to be consistent Page 33 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals with the farm center that going to be located in with the other Agricultural building in that area. Again, like the boathouse we don't believe this will have any undesirable change to the Community, and it would have no detriment to the health, safety and welfare to the community to grant this variance. Just one other point with this. As you know, we discussed at the December hearing. We are proposing an indoor tennis court for this structure, and an indoor tennis facility, if you checked around, we believe needs a minimum of 40 feet height to accommodate an indoor facility. I share that with the board as well. We did a little bit of research on that issue. Chairman: On that issue, there is no physical impact because it's nestled in the trees. Is that correct. Mr. Law: Yes, we believe so. We believe it's nestled far enough inland. You can see on the model, if you do recall, it's this building here. Chairman: Right Mr. Law: All the way. Pretty much close to the center of the Island. The next building that. we're requesting a height variances is the vacation home. Mr. Bacon vacation home which we identified as D.1 down in the Southwestern portion of the Island. Again, it's a tall building because we believe a tall building equals a small building footprint. We can take up less space on the ground by going up a little higher. Considering the size and the uniqueness of the Island, we do not believe that that is a substantial request. Again, rather than dot in the coast line with large estates, as some may want to do, someone else on the Island. Mr. Bacon is just looking to establish one vacation home on the Island. Again, we believe the vacation home will be lower than a tree line. It's only going to be around 200 feet in length. No, it's only going to be visible from about 200 feet of coastline. Let me take that back again, I'm sorry. There will be about 200 feet of the coastline view, will be disturbed, and that is less than three quarters of one percent of the 5.15 miles of coastline on Robin's Island. So we believe that is a very insignificant number. Thus, the impact will be minimal. The house will also be setback over 100 feet away from the top of the bluff. Again, Mr. Bacon plans utilizing attractive designs to be compatible with the Historic structures in the community. We also plan on having a vegetated buffer up to six feet high. Six feet in height as well as to plant shade trees in front of the house. Here again, we don't believe there won't be any undesirable change to the community, and that there won't be any detriment to the health, safety or welfare of the community. We believe it's an appropriate use for the Island. Page 34 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals The next and perhaps last height variance, and I say perhaps, and I'll park that thought for a moment because I'll get to another issue, when I get to talk about the caretaker's cottage in the Lane Lodge. The next structure that we need a variance for is the garage with staff quarters. That is down also in the family area, in front of the vacation home. The garage itself is allowed in any respect. An 18 foot high garage. We're looking for a 25 foot structure. Again, we believe that the 25 height variance that we're seeking for this structure is not substantial. It will not be visible off Island because it will be in front of the vacation home. We would like to view this garage with the staff quarters as simply, unattached guest quarters to the vacation home with no neighbors. There will be no undesirable change to the community. Again, with the small footprint, there is less of an impact, and we don't believe there will be any detriment to the health and safety of the community by granting this variance. The last two structures that we are requesting height variances on, and when I say request, I still think it's up to the board as to whether or not we need height variances for these structures. That is the Caretaker's Cottage which we've identified as C.7 in the farm center area, and the Lane Lodge B.1. Both are proposed to be 25 feet high, and what we spent our January meeting on, going over the dwelling unit issues on habitable quarters, on accessory or subordinate buildings, depending on how the board views these buildings. I know the board hasn't ruled on that yet. Perhaps I'll throw this out to the board, that if it grants those area variances for those uses, the board could consider allowing those buildings to go up to 35 feet as a right, as a principal dwelling unit under the R400 code would allow. If that would be the case, there would be no height variances needed here. If however you view, or construe these buildings to be subordinate to the principal use, which is the vacation home, which is the principal building, we then require and respectfully request height variances. So, I'd like to just show the board a couple of facts on both the Caretaker's Cottage and the Lane Lodge. The Caretaker's Cottage would be 10 feet lower than the 35 feet committed under the code. I think both the Planning Board and the Town Attorney shared with the board. The Island is a large isolated estate and requires a 24-hour-a-day caretaker, and we need accommodation to accommodate a caretaker for the Island. This house is also nestled far enough inland, to the middle of the Island. Again, it's in the farm center which we've identified as area C in the center of the Island. We don't believe it will pose any threats to the community and there will be no detriment to the health, safety and welfare of the community. Lastly, and I'll be quiet after this one, is the Lane Lodge. We are proposing this one to be also to be 25 feet in Page 35 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals height. The Lane Lodge again presents again, another different set of circumstances. It's already up, it's existing. As you know, Mr. Lane, one of the former owners, commenced construction of it back in 1917, I believe it was, Jim, and just never completed it because of illnesses and other problems came upon that family. However, Mr. Bacon was strongly encouraged by the Town to restore that structure and he would like to do so, and use it as a combination for his shooting guests and other family guests. This building has already consisted with the existing and proposed structures on the Island. It would be a waste to not restore it and to knock it down. Further, waste to do nothing with the building, and have Mr. Bacon pay taxes on a building he can't utilize. I think it's in the Town's interest and Mr. Bacon's interest, to restore this building and not request any additional height on it. Just give us a variance if one is needed, and I say, if one is needed for what's already existing. Again, I believe this request proposes no threat or no detriment to the health, safety or welfare of the community. With those comments on the record, I'd like to now turn it over to Mr. . Thompson who can perhaps give you a better description of at least the boathouse, wlieh seemed to be a concern to the board at the last meeting, and he can use his drawings that him and his staff were able to do over the last month. Chairman: Thank you. Mr. James Thompson: Good evening. My name is James Thompson, Architect from Greenich, Connecticut representing Mr. Bacon. In response to the board questions, we've attempted to make a graphic presentation here to indicate some of the features and characters, and the general style of work that it is. We've been commissioned to produce for Mr. Bacon, and respectfully submit that since it's not possible to have all buildings on the property designed at the same time, it's going to be a long process that this gives an indication of the flavor of things. We feel it's also been important given the fact that we're proposing to establish a structure and location that have had structures on it back into the mid 19 century. That it is not a new visual impact on the community and that although the building is higher than 18 feet allowed by code for accessory buildings, that it's not a substantial visual impact. What we've attempted to do here is, in sections, to take it all the way through the site from the forest tree line behind the Lane House, down to the water including an accurate scaling of the pier 380 feet long, that extends into Cutchogue Harbor, show the relative height and massing of the existing buildings in the contexts of the proposed new structure. So, what you see at this point of the drawing is, the Mackay Cottage, the Lane House and the Icehouse, which are in a group at the top of the lull. This is Lane and plan, Mackay and Ice and this is the footprint of the boathouse, Page 36 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals which is at elevation 12 feet above mean sea level. The existing structures are at 32 to 34 feet above mean sea level, and they reach heights of the buildings. Again, this is one of the difficulty with the code. In our opinion, the measurements of building heights to mean rafter length, obviously produces a lot of different kinds of heights for different roof styles, and I know this is an interpret problem. A building like Lane, two and one half story structure, because of it's salt box design measured against the short rafter, which is the way the Building Department looks at it, actually only has a height of 25 feet, although it's a very substantial structure. In a simple gable roof, in an effort to produce a shingle style agricultural looking building as a boathouse, and the larger scale is the view from the North as though you were standing on the pier looking towards the structure. What's proposed here is intersecting gable roofs. We've attempted to break down the mass of the building by using single story wings on it, as opposed to all the buildings being a two story, related only this center bay that runs through, that has the loft mezzanine. But to have access for vehicles with, you know we're required to have a 14 foot high door, which really drives the height of the building overall. One of the things we're continuing to attempt to do is, minimize footprints of buildings and the results and the lack of efficiency's and volume, and the increased excavation that comes whenever we try to spread things out into a larger footprints and stay lower with the buildings, there is a collateral impact of increased excavation. In forested areas it means, more clearing, more soil disturbance and over all we think a negative impact on the site, particularly giving some of the voluntary restrictions that we're prepared to accept in terms of spoiled stock pile and disposing the spoils and what not in a construction effort. Every cubic yard of soil that cannot be, as a result of excavation that can not be handledappropriately on site in an environmental acceptable way, has to be exported from the site. So, there is definitely a cost associated with spreading the building out horizontally. Again you can see as I{evin mentioned, the actual height of this if you can imagine being in a boat in the Harbor on the Town beach in New Suffolk and looking across. The presence of these buildings which have been here since the early part of the 20 Century, will actually have higher ridge lines than the proposed new structure at the beach, and I do have one other little sketch, which it's not usually successful, but I'd like to pass it around as an effort to do an accurate scale massing on the photograph enlargement showing the pier of the boathouse and the Lane house behind, that gives you a sense of how those are layered in three dimensions. If ,you were in a boat a thousand yards off shore in the middle of Cutchogue Harbor. Page 37 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Chairman: Jim, would you like to move over so you can see this. Why don't you, ok. Mr. Jim Thompson: It's hard to figure out to turn it to you guys or to the audience. Is there any question or additional points we could make in this area before we go to the other demonstration? Chairman: Only that we dearly would like to borrow this for a little while, while we're pondering --. Mr. James Thompson: We're prepared to submit this as an exhibit. Chairman: Wonderful, thank you. Mr. James Thompson: We also got some black and white copies that are not mounted. Chairman: OK Mr. James Thompson: That are available to submit. There not renderings, they are just black and white. Member Dinizio: The building that's there, that is not a building that you intend to build, not that, the other. Mr. James Thompson: These are all existing. Member Dinizio: Yes, they are not clustered in that fashion, they're just --. Mr. James Thompson: That's actually you know, the site section was taken through here. So if you actually stand and look, they actually overlay and we felt compelled to draw all three buildings, because if you just see any one of them by themselves, it doesn't give an appropriate sense of what the building masses of these, as a collection at the top of the hill. Member Dinizio: But it's not one building, that's not one building. Mr. James Thompson: What your actually seeing. You're standing right here and you're seeing one, two, three, four buildings. Member Dinizio: OK Mr. James Thompson: In that group, and you're going to think, the key thing here is, to begin to see the height differential caused both by the topography and the scale of the buildings. Chairman: Right Mr. James Thompson: That exist. Page 33 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Chairman: Right Mr. James Thompson: Lane in particular which is a substantial structure. It's between 22 feet higher in elevation. The bottom of Lane is virtually at the top of the proposed boathouse. Chairman: The clearing aspect of what occurred over there of course, makes it much more visual and you know, I understand what you're saying. Secretary Linda Kowalski: How high is the highest point of those four buildings put together? I mean, is that the 45 foot lot. Mr. James Thompson: The actual ridge of Lane house is 35 feet above average grade and it's sitting at 32 feet above sea level, so it's 67 feet above sea level. Secretary Linda Kowalski: In height. Mr. James Thompson: To the ridge of Lane house. Secretary Linda Kowalski: OK. Member Dinizio: You were interested in how high the house is from -- (to Board Clerk) , Secretary Linda Kowalski: If you mean when you look "at it," yes. Thanks, Jim. Mr. James Thompson: 67 feet from this point and we're proposing a height of 29.6 on the boathouse itself. The structure is 28.8 to there but then there is an average grade deferential that you have to take into consideration. So, ridge height as opposed to height for ordinances purposes on this building is 32 feet and the floor of the building is 12 feet above sea level. So, 44 feet to the ridge. 67. Board Secretary: And that's the highest part of the Island really, right there too, right? Mr. James Thompson: Actually, the highest point of the Island is back up here in the center where the water system are. Which is 80 feet above sea level. Member Doyen: How much? Mr_ James Thompson: Eighty feet above sea level. Secretary Linda Kowalski: Thank you. Chairman: Great Page 39 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. James Thompson: This exhibit is a little more, not as dramatic, but what we've attempted to do here is a geometric analysis that views you, and occasion of site lines and relative impact of the requested height variances at the family vacation house. The plan is a replication of what was an exhibit in the Environmental Assessment Form which obviously shows Peconic Bay, the beach and bluff, the vegetated buffer zone with the proposed location of the family vacation house, pool, pool house and garage with Staff quarter's. To reinforce Kevin's comment, given the heavy vegetation of forest in this area, the garage with Staff quarters is about 240 feet back from the top of Bluff. If we elect to define top of Bluff it's a 50 foot contour which is where the inflection from the level terrain down slope occurs. Again I think, with that distance back, the difference in height between an 18 foot building and an 25 foot building is relatively insignificant. One of the big concerns here is, if required to conform than basically what we're talking about, is the living quarters being in dormer space under the rafters which given the requirement for habitable space to have a seven foot ceiling heights, you really reduce the effected usable area of the structure requiring again, a larger footprint, more impact as opposed to allowing enough height to have wall space on that second floor to get headroom. The pool house as proposed is a conforming structure as an accessory, and what we've done is taken a vertical section through the site and the primarily building and one of the things that clear from this is. The bluff comes up and it drops a little bit as it goes to South, and also drops significantly as it moves East on the interior. So, your effective average grade is approximately 46 feet above mean sea level at the house itself, and your effective average grade at the top of the bluff is 50, so you're already starting below that point. We're suggesting the willingness to maintain the native species vegetative buffer average six feet in height - I think, it's - 20 to 50 feet, MR. LAW: 25 to 50. MR. THOMPSON: 25 to 50. So one of the things that we had hoped to do was to be able to make an adjustment to this falling grade, by bringing the house up a bit, hoping to maintain some views out over the bay and what we show in the drawing is in blue, conforming group line that respects the 35-ft. height requirement, and the net effect of that is essentially a 1-1/2 story structure which would mean all the bedroom spaces and the rest of that on the second floor of the building would be under the eaves and require dormers, et cetera, in. order to have light, air and views - which doesn't offer the prospect of a very generous design. By asking for the 10 ft. variance to 45 ft, it allows the 2-1/2 story structure requested which then means that under the eaves spaces would simply be secondary space of storage, et cetera but it gives us again the wall height to allow vertical walls on second Page 40 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals floor to allow bedrooms and whatnot to have more typical windows and not be restricted to sloping rafter and dormer spaces in principal bedrooms and family living areas. Again, I think the other key thing to realize is that given the height of the bluff, the setback from the top of the bluff. and vegetation, there are very considerable sight lines out to the bay. There are no neighbors. There's effectively 45 ft. height even in a boat you would have to be within 200 - basically the whole zone within 250 feet of the shoreline, you cannot see the house. So they're talking about boats offshore - 100 yards or more away from the Island that you would begin to see the ridges at 45 feet height. So I think there's a relative proximity there and there's an impact. We're now talking about being 200 yards offshore before you can even see the walls of the house. We're talking about a shingled roof and a tree canopy and what is the relative impact, visual impact if you're more than 200 yards away from the man's property before you can even see walls or cornices or windows. CHAIRMAN: Well, the greatest impact is going to be in the winter time when there's the least amount of (leaves)--. MR. THOMPSON: True. But your sight lines are not going to change even in the winter. CHAIRMAN: No. You're absolutely correct. MEMBER TORTORA: You could have a 6 ft. vegetated buffer, we went to 50 feet. MR. THOMPSON: I think 50 ft. depth is actually what we're showing in the drawing. And again, most of the preliminary guidance that we're getting from geologists and otherwise indicates that the maintenance of shrub-type vegetated buffer is critical component that's part of the long-term management plan through the Island area to try to maintain the stability of the bluffs to the degree that bluffs at those heights can be stable. So again I think the real variance requested in my opinion is minimum relief for the specific sight situation that we're dealing with in this case. And again there are no Southold Town dwelling units or other habitants that will be visually effected by this structure. (Changed tape.) CHAIRMAN: As always, the information that you have .brought us is just unprecedented. Just unprecedented. Magnificent. The remaining area of the agricultural compound would be just as traditional in the endeavors of architectural - MR.. THOMPSON: Our mandate is to produce for Louis Bacon a family residential estate that carries the character of the East End of Long Island, 19th Century Architectural treatments. I think the greatest compliment he could give us when we're finished is that we were Page 41 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals never here in the first place. Simply found a nice Estate left over from the 19th Century, like he was able to have it for years. CHAIRMAN: Unbelievable. Thank you so much. MR. THOMPSON: Thank you. KEVIN LAW, ESQ. : Mr. Goehringer, I think you can tell that it's an exciting project. It's one of the most exciting projects I've ever worked on, probably ever will work on. I know there are challenges before both us, the applicant, and the Board, and what I did the plan, Mr. Bacon's plan clearly does is, it demonstrates that he plans on being a careful steward of the Island. I think it's an environmental sensitive plan. It's an aesthetically pleasing plan. There's no detriment to the safety, health, welfare of the community. There are nothing but positive effects on the local economy, local property tax base, New Suffolk School District, and the property is unique. We believe the plan observes the spirit of the Code and strives and reaches and achieves the purposes sent out in the Town Code and in the Town's Master Plan. We believe the plan furthers the public interest and it protects the public safety and welfare. And with that, Jim and I will be happy to answer any questions and/or reserve our right to respond to any comments. CHAIRMAN GOEHRINGER: The only comment that I have is that, I have two comments - Mr. Allen has asked me to read his letter into the record so I'll do that before the end of the hearing. And my discussion with Mr. Newman today from the Suffolk County Planning Commission regarding the Suffolk County Planning Commission's determination of basically saying that this is a town determination decision, he did ask me one question, and I don't know if he mentioned it to you, and that is that we have talked about the possibility of the Building Inspector and one representative from the Zoning Board after each particular project is completed - probably when you're ready for a C.O. or whatever the case might be. He had asked me, and I don't think if it was a formal request, but he asked me if either one member of the Suffolk County Planning Commission could go with us on a site inspection and so I'm just throwing that out to you. MR. LAW: It certainly sounds like a reasonable request. CHAIRMAN: I think what he was requesting is that, you know, a different member each time that a representative goes over there. I'm not talking about during construction - I'm talking about at the completion of each building or whatever, and I said I would throw that out to you. I don't think it's unreasonable. MR. LAW: It sounds reasonable. And to the extent that we could try to coordinate an inspection with a visit from one of their planners assigned to this, to try and accommodate, especially if it Page 42 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals furthers the relationship between your particular board and the county. CHAIRMAN: Thank you. Ok. Mr. Villa, any questions? MEMBER VILLA: Just out of curiosity when you mentioned footprints and everything else on the vacation home. I see on the chart you've got a square footage there. What's the footprint there? Just roughly. MR. LAW: Which structure? MEMBER VILLA: Vacation home. CHAIRMAN: The vacation home is 15,500 square feet. MR. LAW: That's floor area. We need the footprint itself. MR. THOMPSON: It's about 7500 including porches. MEMBER VILLA: And basically it's going to be occupancy on two floors. MR. THOMPSON: We're calling it 2.5, 2-1/2 story structure. There are some habitable spaces under the eaves particularly for off-season storage. SECRETARY L. KOWALSKI: Does that 7500 figure that you gave include all stories or is that just the first floor? MR. THOMPSON: That's the first ground floor. CHAIRMAN: Ok. Going back to Member Dinizio. MEMBER DINIZIO: I have a couple of things. Mainly not concerning tonight because they're so detailed, I can't believe that I asked for that. I know I had asked for some scales, but this is overwhelming. But I did, going through some of the correspondence back and forth, a redraft of conditions - I think you saw that already, Kevin, I'd just like to clarify something here or maybe get some king of comment from you on this. And I'll read it to you. "The owner agrees to allow the Zoning Board of Appeals to inspect the island, and within buildings and structures, to insure compliance of covenants and conditions established by the Zoning Board of Appeals." SECRETARY KOWALSKI: I re-worded that a little bit, Jim. I'll give you the new one. What number is that. MEMBER DINIZIO: Ok. It's the mentioned of "covenants" I guess is my concern. Page 43 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals SECRETARY KOWALSKI: What number is that - CC-TA-9. SECRETARY: I reworded it to add "Building Inspector." MEMBER DINIZIO: I guess what I'm looking for, Kevin, is some idea of what you think the covenants are. KEVIN LAW, ESQ. : What are you looking for, my opinion as to the legal definition? If the Board is looking to impose certain conditions on this, what I view them as, that they are conditions that will run with the land, that they will be binding on Mr. Bacon, his heirs, and assigns and successors, and that if we wanted to deviate from the plan as proposed here today, we would have to come back before this Board and request your permission. And if that's your idea of a covenant, we're on the same page. MEMBER DINIZIO: Ok. Does it necessarily - in other words, you're tlunking more towards the building aspect of this as opposed to the entire island and say covenanting all the island, remaining undeveloped part of the island as never being developed, or -- MR- LAW: Correct. We're not talking about covenants and restrictions relating to the specific building we're seeking the variance on. MEMBER DINIZIO: Right. SECRETARY KOWALSKI: They have to be related to the variance portions. MEMBER DINIZIO. Ok. And one more thing, in Mr. Fenton's letter of February 1, because I don't recall hearing this. He's discussing what, I guess, he heard at the meeting - at Number 2, he says, "Mr. Bacon will not attempt to reduce the taxation of Robins Island by reasons of any allocation to any tax free element and would pay taxes on the entire parcel." Is that a true statement? KEVIN LAW, ESQ. : No. It's not. It's a bit inaccurate, and I sent to the Board yesterday, Linda - I don't know if you had a chance to get it to them? SECRETARY KOWALSKI: Yes, but the Board Members just received it tonight and they didn't get to read it before the hearing. But they do have it. MR.. LAW: Basically, what I represented and else represented phrased differently than as Mr. Fenton phrased it, or categorized it, was that as for property tax assessments on the Island - the actions taken by Mr. Bacon, whether they lead to any reduction if he was entitled to that, or if they are going to lead to any increases - it's going to be up to the Board of Assessors, and the point I made last month was once we get a couple of these Page 44 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals improvements under way, and constructed and get C.O.s for them, items like that typically lead to increased assessments. And a further point I made was that Mr. Bacon is going to be a major provider of property taxes, and he's not going to be a demander of any community services. And furthermore, I'm glad you raised .it. It's part of a untold story with this plan, and we included it in our submittals back - originals submittals - and I don't mean to be a repeater or bore the board with repetitions, but I think it's very important to note that in 1985 Mr. Bacon paid over $93,000 in property taxes to the Town on behalf of the Island, and over 53% of all those taxes went just to the New Suffolk School District and the New Suffolk Library. $45,000 plus went to those two entities. The other balance went to the Town of Southold with about 16% going to the County of Suffolk. So, and he's not requiring any services there, so I think the plan is a win-win for all the municipalities and entities as well as Mr. Bacon if he is granted the relief he seeks. MEMBER DINIZIO: Ok. Well this (letter) is just not what I heard and I wanted to verify that that was not what anybody had agreed to. MR. LAW: I believe you heard what I stated at the January hearing. MEMBER DINIZIO: Ok. That's all I have. Thank you. CHAIRMAN: Member Tortora? MEMBER TORTORA: Let's go back to the principal-accessory. Originally you had commented you wanted us to make a determination for dedication on what would be the original structure. Mr. Kevin Law: Correct. ' Member Tortora: Tonight you mentioned that if a height variance was going to be needed on the Lane cottage and also on the Caretaker cottage, are you saying that those would then become also principal structures? Mr. Kevin Law: No, I'm not trying to be ( ) . What I was trying to do was lay out is perhaps an option for the board. You know, we presented our case and I know the board can't make a decision until the Seqra determination. That's what we're hoping for next month. We were looking for, yes the designation of the vacation home as the principal use, and principal building. And then we seek an area variances for the other accessory, or park the word accessory for a minute, subordinate buildings that also contain dwelling units or habitable quarters. It wasn't clear from, yet from the board, if you were going to treat those buildings as accessory buildings or if you were simply going to grant the area variances which, I believe the board has the authority for. Member Tortora: Use variances or area variances. Page 45 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Kevin Law: Excuse me. Member Tortora: You're applying for use variances. Mr. Kevin Law: No, no. Member Tortora: Yes. Mr. Kevin Law: Area variances. This is what we spent a good deal of time talking in general. Member Tortora: On the Lane cottage. Mr. Kevin Law: Yes Member Tortora: It says use variance. Secretary Linda Kowalski: Where does it say use variances Lydia. Member Tortora: Right here. Mr. Kevin Law: That was on a earlier chart and since then we've spent the month of January talking about the interpretation for area variances for those. Secretary Linda Kowalski: This was going back to November and it's been changed several times. Mr. Kevin Law: You're correct. Member Tortora: Because we were around with that and where are we now. Mr. Kevin Law: You're absolutely right and the point I was trying to make is this is that. If there are accessory buildings, then this 18 foot height limitation, then we'll need a height variance as well, for that to get increased height. However, if the board was just simply granting us an area variance to allow habitable quarters in the subordinate buildings, perhaps we could go as far as 35 feet. This is for getting a variance which is permitted under the code, and then perhaps we don't need the height variance as well. But that was up to the board to decide and I wasn't sure which way you were leaning, if any way yet. Member Tortora: You just kind of throw me this evening with it. Mr. Kevin Law: You're absolutely correct. I just tried to lay out another option for the Town and the board then. Chairman: Mr. Doyen, no questions. We thank you Mr. Law. We'll see what generates about the hearing. Page 46 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Itevin Law: Great, again I thank the board for all the time it's allowed. Mr. Thompson and I on behalf of Mr. Bacon. As I said, I know it's a very unique project and a very challenging project and a very complex project and we tried to present it in a understandable way, we thank the board for it's time. Again, I'd just like to reserve the right to respond to any comments that may be made tonight and to respond in writing to the board, if the board chooses to close the Public Hearing tonight. Thank you very much. Chairman: Thank you. Before we go into any other, members of the community I just want to read this letter from E. Davies Allan. It says. Dear Sir, it's addressed to me. I've attempted to follow the topic of Robin's Island in local periodicals and most recently read a commentary of your meeting held earlier this month. It's dated 1/22/96. As a native of this area, and a businessman for 30 years, I've had ample opportunity to watch at times --and at times participate in-- various big money projects on the East End of both Forks. Some were never completed leaving contractors and municipality skeptical. Others have been completed and the final project leaves us, all the less than enamored. Still other projects we have find to be an asset, both in appearance and in tax dollars earned by the Town. Such is the case with the current status of Robin's Island. Years ago I asked to visit the Island on the request of the perspective foreign purchaser. Later, another visit on the behest of a West Coast magnet. We all know that Suffolk County struggles with the ownership possibility as well. Bottom line I feel, we all are better off than imagined. Mr. Bacon brings us the best of all worlds. The property remains on the Tax Rolls with prospect of no more than a handful of kids to go to local schools. Mr. Bacon's ambitions are particularly modest when we take into account the vast acres he owns. Furthermore, Mr. Bacon has generated a serious influx of cash for the folks who live here through payrolls and local purchases. Most important his checks don't bounce, because many people would be disappointed if Mr. Bacon found his Island pursuits to be, to much of a hassle, and he found a friendlier atmosphere saying, the Chesapeake or South Carolina. Whatever, we might be inclined to take his money, he might be inclined to take his money there, and sell the Island to Suffolk County for a park. An agency that can't take care of what it has already. Immediately we would see the Island come off the Tax Rolls and an influx of five million people scrambling for the opportunity to trample Robin's Island terrain. Frank at the Marina near the Town ramp, would like more money selling tee shirts and Robin's Island key chains than fixing outboards. Page 47 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Fenton, a local critic would want to move out of Town because his taxes went up to compensate for the loss of Robin's Island taxes when owned privately. Vehicle and boat traffic would be a source of ire and an ire of many others. There's probably a notion that folks with alot of money to spend should be viewed with askance. From what I see, Mr. Bacon is an exception, and we should be a bit more willing to take him for what we see of him. Let's give him a chance, not scare him away. Yours truly. I thank you. We'll now go on to anybody else that would like to speak in favor of this project. Yes Madam. Mrs. Joan Robbins: My name is Joan Robbins. I live in New Suffolk. My husband and I have been a resident of New Suffolk for 41 years, and we care about Robins Island and we care quite alot. We would be very happy to see most of the Island preserved. A better word conserve by the people who know how to do it, a major conservancy. We have no objection whatever to Mr. Bacon the owner, millionaire, having his castle, and we'll be extremely gratified to see the Lane house completed and the Mackay house restored. Everything Mr. Bacon has done in the Hamlet of New Suffolk that we have been able to see, is of the highest quality of material and workmanship, and I think that is no small consideration considering the years of soil neglect by the previous owners. Both of the Island and New Suffolk lots. The process of rehabilitating the Island has cause and will continue to cause, some inconvenience in New Suffolk, but it not a ( ) on the inconvenient that we would suffer if the Island was fully developed, and I hope you bear that in mind. Mr. Bacon has demonstrated not only a willingness but a desire to accommodate any concerns that we might have in New Suffolk, and we believe that we could work out any problems in the future. After all, the Island is part of New Suffolk. The end effect on our tax base remains to be seen. But we believe and I'm speaking for my husband and myself, that it's more likely to be positive than negative. Mr. Bacon plans do not remove it entirety from the tax base and the buildings as planned will certainly generate taxes without accruing a large service cause that full development would inevitably bring. The Island historically has pretty much taken care of it own, and we remember decades ago sitting in our dining room of a morning and watching Bob Pugsley who was the Island's boat captain for many, many years, walk the caretaker's small child. He came up from the boat slip, up Third Street, and across the ball field to the school. The Island will provide its own services and the Island is no stranger to hunting, legal or otherwise. Its identity as a Page 48 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals private game preserve is part of its history and why should we not object. We in our Hamlet and in the Town should consider ourselves fortunate to have at long last an opportunity to have responsible management of the Island for future generations, while retaining some private ownership equally responsible. Please bear the future in mind as you will on Mr. Bacon application. Sincerely, and my husband and I have signed it. Informally, I think the Island has fallen in a tub of butter and we better make sure to keep it that way. Chairman: Thank you, thank you very much. Is there anyone else that would like to speak in favor? Anybody like to speak against? Mr. Fenton. Joseph Fenton, Esq. : What if you want to speak in favor and against. Chairman: That's fine. Mr. Fenton: I'm a little bit at a disadvantage because we had a snowstorm when this response came in. Chairman: Right. Mr. Joseph Fenton: And I had to go to Philadelphia for three days and I just got back. I haven't had a chance to speak to as many people as spoke to me before. I did get some initial reaction to some of the content. The principal concern was that, the herd of deer that nature maybe for a thousand years was breeding and that numbered in the hundreds, and that its proposed or perhaps has already happened, reduced to 10 or 15 animals, and there were comments made to me. This may be a preserve but the number of animals that were eliminated, that perhaps some people think it's a slaughter house, it's not a preserve. Words like conservancy .and preserve don't jive with what's happened to this deer herd. Chairman: I never heard the figure. Mr. Joseph Fenton: Some of the comments were, had even more feeling than that. Chairman: Could I just say something to you, Sir, to clear the record. I have no idea of what the total population was at the time that Mr. Bacon bought the Island. Mr. Joseph Fenton: It was too high probably. Chairman: OK, correct. We were told when we were over there, it was about 83 or 85, ok. we were told that that was going to be cut approximately 50% based upon the longevity of the animals that were Page 49 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals evaluated, all right. I never heard the figure of 10 to 15. I mean, maybe that could be cleared. Mr. Joseph Fenton: It was in the memorandum that you received. Chairman: OK, I was told half of that population when I was there on December 7. Mr. Joseph Fenton: I'm recounting to you. Chairman: Right Mr. Joseph Fenton: I go hunting and fishing. I think the preserve to me and according to the dictionary, a preserve according to the dictionary is to keep or save from injury or destruction, to defend from evil to save, to keep in the same state, to uphold sustained guard, to save from decay to prevent in that order. The concept is that not everybody is delighted with reducing the herd from 10 to 15 now. I think he has a right to. Chairman: Right Mr. Joseph Fenton: But that doesn't mean everybody is happy about it. One person said it's Dachau for deer, that it's not sportsmanship. You try to encourage the herd, and if nature spent probably a thousand years of breeding the herd, some of them died off because they were weak and so the strongest ones survive. In a year or two that's gone. I mean, there was no physical exam given to these survivors, and I can understand his motivation. I think, I touched on it and I think there is a concern about ticks and Lyme disease and maybe this is overkill. Sportsmen that I know who go hunting were upset when they found this out. Now I haven't had an opportunity because I was in Philadelphia and because we had a snowstorm when this first came in. But there is a comment that's, you know, everything isn't grand, everything isn't wonderful. I was in favor of an individual buying Robins Island, and I think my friends in New Suffolk know that. I defended, I thought that this was the best thing that could possibly happen. But everything may not be peaches and cream, and I think he may have the right to, but that doesn't mean everybody's happy about it. Chairman: I just want to say that I, we do not have the power to control the amount of -. Mr. Joseph Fenton: I know that. Mr. Chairman: You're certainly welcome to speak, but we're getting awry of the --. Page 50 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Mr. Joseph Fenton: And the same thing is true of the heliport. I mean, that's not your bag. This is the town board. This is a DOT and I hope that there will be public hearing with respect to it. Chairman: I should point out to you -. Member Dinizio: (Interrupting) Can I comment? Chairman: No, I will first, then you can, if you don't mind. Member Dinizio: OK Chairman: The heliport in my opinion is an extremely important thing to be placed on this Island. I am a member of a Rescue Squad and when we have to get someone off this Island, it's extremely important to have. Mr. Joseph Fenton: It should be some regulation with respect to, the flight path, with respect to the danger to, depending on the flight path. The danger to the boating people who are at the North end of the Island and you know what's, that fills up. Chairman: But that's why the helipad, I think, is scheduled to be, relatively in the center. Mr. Joseph Fenton: I understand but are they going to come over to New Suffolk. Are they going to come over there - carte blanc is not the way to go. There has to be some understanding of some, what it is. This is not a landing and take off pad. This was a quiet bucolic palette, and that's what he wanted and that's what he bought and that's, we understood was where we were going. I'm not sure that's the case, and I don't know what happens to property value. You try to sell your house now, and this fellow Mr. Allen wrote a very nice letter but I understand that Mr. Allen owns the landing craft that he rents to Mr. Bacon. So, he has some connection here, and naturally he would say what he said about him. I'm not blooping. I've been at it too long. I've been here all my life. I have grandchildren, three of them living close by and going to school. I'm not about to leave here. As far as taxes are concerned. My taxes are 50 times what they were in 1948. 1 was doing a Hilary Clinton the other day. I was getting rid of some files and one of them was a 1948 file. I went through it and there was a bill. Property soared to what I have now. The taxes were $117.00. That's what happened. Part of it is inflation because a 1948 dollar is now worth a nickel. But some of it is, you know more government, more whatever. But, I'm here for the duration and I'm pleased that an individual bought it. I want the taxes to continue because whatever taxes Mr. Bacon doesn't pay, the rest of us will. I apparently misunderstood what Mr. Law said. I think you'll have an opportunity to look at that transcript and see what he said, and you heard it and I heard it, or thought I did, and we'll see what the transcript says. Page 51 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Chairman: You're very welcome, Mr. Fenton, to reduce anything to writing. Mr. Joseph Fenton: I know that. Chairman: We're going to leave the hearing transcript open for two weeks assuming we have the votes to do that. Mr. Joseph Fenton: Whatever comments there are, there are. Secretary Linda Kowalski: Well not the hearing, the written (ref: open for two weeks) . Chairman: I meant the written portion of it. Mr. Joseph Fenton: There is no reason why the people who are interested in Robins Island because they are viewing it every day and they know what it was. I remember when my father and R. J. Deerborn and Jim Norris was going to buy it for $200,000.00 in the thirties, and I went over there looking at it with them. It's an obviously unique property. I'd like to see it preserved. I'm not sure anything that is being done is preservation. I'm not sure that the experts really know everything that they claim to know about. They cleaned out all the brush and now there is no place for the animals to nest, so they are bringing in Christmas trees to replace some of that, so there is a place for nesting. At least that's what I've been told. I don't know if that's the case. But to just say everything is wonderful and everything is great. "Isn't he grand?" It's like Emperor's new clothes. You just have to sit back and make sure that --. What's happened to the deer population in the name of environment doesn't evolve into something else which would ( ) the entire hour. There are a number of issues that height raised. There was a question of, backing oil spill and I read what comment was made about that. That there hasn't been an oil spill of this character in Eastern Long Island. I don't know how pertinent that is because we had it on the 19th. We had a 93000 oil spill on the Sound. 93,000 barrels. I would like to be sure that we don't have one. That's why I, and I know you disagree with me -. Chairman: I don't disagree. Mr. Joseph Fenton: Well no, I just thought Lilco was the way to go. Chairman: Oh Lilco. Mr. Joseph Fenton: Because they can pull a cable through and they won't disturb the Bay bottom and they can jack that thing right through, two or three feet under the bottom of the Bay and without any trouble. It's an alternative and there is less chance of an oil spill because there is less oil needed. The great base, I don't know. You're a governmental agency and I don't know if this whole generation is to way for this government to enrich people because if Page 52 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals five or ten percent of the people that buy electricity, the price for the rest of us has got to go up. That's how it works. So, the environmental statement did not address the possibility of Lilco being used and I. think it should, and not just a deprecating statement that Fenton thinks that New Suffolk people gets cheaper electricity. I never said that, and I don't mean to be testy. I understand what he's trying to accomplish here and I'm for it. I just have some questions and some of them aren't even mine. Some of my friends who make the comments and who are reluctant to come up here and say what they think. Either by, because they are afraid of retaliation which is silly, or because they are not the kind of people who will stand up and say what they think. But they certainly say it, and some of the people who are very happy with what's happening there. Maybe when they start hearing helicopter's coming over, they may not be so happy down the road. The time to talk about it is now and not later. Like Mrs. McGowan had the problem with her property in New Suffolk. She waited too long, and I think now is the time for people to go and say what concerns them, and ask the questions, and that's how the Democratic system is supposed to work. If it's a matter of getting people to write letters, I don't know if that means anything. You know what letters are. You can make your own judgment. You can make up your minds. You can see the ( ) . I'm sure that it's going to be a lovely result, but I don't think that we're going to scare them away by . I mean Mr. Allen thinks so but I don't think asking questions that's what happen. He has too many invested in this. This is what he wants and he should have it. But that doesn't mean everything. That's all I have to say at this point. Chairman: Thank you, Sir. Mr. Joseph Fenton: I appreciate the fact that you permitted me a period of time in which to submit anything. I'm not sure I'll take advantage of it but we'll see. Member Dinizio: I'd just like to comment on the deer. Part of this whole thing because I'm not a hunter. I never shot a shotgun before in my life. Never went out to the woods. Not by any feeling or any commitment on my part. It's just that I choose to occupy my time in other ways. But when we went over there on the inspection, there was one thing that was certainly striking to me. That it didn't hit home until I actually asked the question, which was, "How could I walk through that woods?" This wooded Island that you would think it would look like that when you fly over an airplane. You can walk just about anywhere on that Island without getting so much as a scratch from a brier or having to move a branch and you know, it just was so easy to get around there. It didn't dawn on me until I asked a question as to the reason, why that would be. Page 53 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals I live near Moore's Woods and you can't walk through Moore's Woods unless someone clears it and it didn't appear to me that this was cleared. I guess from what I understand the deer eat everything in sight, up to about five or six feet as I understand it. Certainly, Mr. Fenton, your comment is harsh in that, you paint a picture of butchery and I see it the opposite. These deer, I've hit three deer with my car on Shelter Island. These deer have no place to go. ' These deer particularly on Robin's Island - was a refuge for them. Yes I agree, but they overstayed their welcome and certainly overpopulated the Island. I don't know to what extent. I have no idea. However, I believe that a favor is done to the healthy deer to try to control that population. I don't know what the right number for a 400 acre lot, you know. Island should be, I have no idea, but I do know that what I saw. The harm done to that Island and to the other resources of that Island, you know. Where the birds may live or where ducks, whatever. Squirrels and skunks and whatever else is on that Island certainly couldn't live there in a way that they would normally in a wooded area, because there was no wooded area under a canopy of trees. I wanted to clear that and make it clear. I don't see your way Mr. Fenton. I see it quite the opposite way and from my view, it was personally being out on the Island and seeing the devastation that was caused by deer. That's all I have to say. Chairman: Mr. Law. Mr. Kevin Law: May I just briefly. I want to thank Mr. Fenton for coming down again and sharing his comments and concerns. We appreciated it last month. We tried to address his concerns. I thought he raised a couple of good questions the last time. We tried to address them. We believe we did adequately and I also want to thank him for lending his support to the plan. I didn't hear that in January and I'm glad he has expressed that tonight and I appreciate Mr. Fenton, we do. Just briefly, he raises good questions on the Helipad. Just again, if you didn't get a change to read it in our response, this is the process. Mr. Fenton will have another opportunity to share some concerns and comments on that. We are in the process of preparing FAA notice of air space determination. They will review that. We then will seek the request of the Southold Town Board to --. We'll have plans before this Town board. The only thing the Town board has to do. They send it up to the New York State Department of Transportation Commissioner to see if it complies with State DOT ( ) and if the helicopter and the sea plane landing area are adequate in terms of their standards. The DOT will then tell the Town. Yes, these plans do meet our specs and requirement and so there will be an opportunity to be heard on that Helipad issue. Page 54 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals As for the oil spill and cable underneath the ground. The most recent experiment with cables underneath the ground, Long Island Sound, Iroguis gas line from Westchester County into Commack Long Island. That plan from what I understand, has been experiences a lot of problems. They are going through law suits right now because the devastation it did to the Agriculture and the Bay bottom destruction. I think Connecticut again have been contemplating if they haven't already sued the contractors who installed those cables. So there is significant problems not to mention the cost of bringing cables underneath the Bay. Chairman: Can I just ask you a question about that Mr. Law? Mr. Kevin Law: Sure. Chairman: When that oil truck is brought over in that small LST, is there any vehicles on the landing ship craft at the time. Or is that the only vehicle that's brought over at the time. Mr. Kevin Law: As far as I know, Jerry, it's the�only vehicle on there. Chairman: Right. Mr. Kevin Law: And we have a meeting scheduled in a couple of weeks with the Health Department to go over, begin proper fuel storage plans and we know we will be complying, and have to comply and exceed Suffolk County Health Department regulations for storage of the fuel that we have over there. The last thing just on, I'll be quiet is just. On the deer. Jim (Thompson) maybe could have said this better. I believe there was a typo in our response. We're getting that out because we were trying to get it to the board by last Friday, and I think it was on the second, to the second last page. They may have been a typo in there. I think there are more deer than 10 to 15. I think maybe Jim maybe, 30 to 35 or 20 to 25. Again, I just want to close and again thank Mr. Fenton for coming down and sharing his comments and concerns. I think we adequately addressed them and if not then, I believe I just did. Thank you. Chairman: Jim, do you want to talk? Mr. Jim Thompson: ' I would like to refine that because the factual information and there is a typo in there. The factual information and guidance from Wildlife Biologist Dr. Aaron Mullen from University at Ithaca, New York State DEC, and other experts that were brought in from across the country indicate that, the goal of the healthy and sustainable Deer herd on Robin's Island should be targeted towards the population of 20 to 25 animals. If the vegetated community on the Island was in a healthy and viable condition, and unfortunately as much as I respect Mr. Fenton and other people's emotional Page 55 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals approach to ecology and to environmental science. What we're dealing with here is emotional tunnel vision, and the selection of an individual animal or species within a vegetated communities or the animal community, does not constitute a viable approach to ecology. We have a responsibility for a piece of property that been designated a critical environmental area under Suffolk County Legislation, and one of the reasons it's a critical environmental area is one of the most important things about it, is the unique vegetated community which over the last decade it's been virtually destroyed by Deer predation of vegetation, and frankly I regret the fact that I didn't have the opportunity to meet Mr. Fenton in 1994 and invite him to help me personally bury carcasses of Winter starved Deer that were rotting literally inside buildings where they were trying to find shelter. It's a gross inhumane and painful existence. To starve animals to death because they are in that kind of stress condition. I personally buried 40 animals out there in the Spring of 1994. I would never condone that kind of cruel abuse to anything that lives on this Planet, and it will not be allowed to happen again. Chairman: Thank you, ok. If there is anything that the board would like to say before we close the hearing to public comment? No. Seeing no hands again I would like to thank everybody here that is interested in this project. Members of the Community, we appreciate your comments. We also wish you safe home and I'd like to make a motion closing the oral part of the hearing. We will leave the overall written portion of it opened for approximately for two weeks. Secretary Linda Kowalski: We have to be more specific and give a date. February 20th. Would that be two weeks. Chairman: Yes. February 24. Secretary Linda Kowalski: That's 26 days. Chairman: Make it February 24th. Secretary Linda Kowalski: Excuse me, 19 days. Member Dinizio: Are we going to meet then? Secretary Linda Kowalski: No. Chairman: No, we're just going to close the oral hearing--. Secretary Linda Kowalski: So it will be February 24 (for the end of the written, entire record) . Chairman: So if anyone writes to us what will happen, Mr. Law, if someone writes to us or Mr. Fenton, we will then circulate the letter to the other party and then we'll allow them to come back with information. Page 56 - Transcript of Hearings Regular Meeting - February 7, 1996 Southold Town Board of Appeals Secretary Linda Kowalski: I just wanted to ask another thing. Kevin was going to give a chart with the length and width of the building and stories, ok. Mr. Kevin Law: You'll have it tomorrow. Secretary Linda Kowalski: Thank you. Chairman: And you're leaving with us. Mr. Kevin Law: Anything you require or desire. Chairman: Just these two. Of course we would love to have these, if you've seen the size of our office, there would be no way. So again, closing the hearing for any oral testimony at this point, and leaving the hearing transcript open for, written in till the 24 of February. All in favor. Mr. Kevin Law: Thank you very much. Typed by Noreen Frey from tape recordings. V \ruJ'T �©SUFFnt/rco_,4, T APPEALS BOARD MEMBERS o= �4 Southold Town Hall Gerard P. Goehringer, Chairman ,,. ,,, 53095 Main Road Serge Doyen, Jr. Gy ® ` 1^ P.O. Box 1179 James Dinizio, Jr. �'�l ���, Southold, New York 11971 Robert A. Villa z .- _.;r Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Town Clerk's Office FROM: Linda Kowalski, ZBA Offi,ge)z, e z.i DATE: March 8, 1996 SUBJECT: ZBA Determination - Louis Moore Bacon (Robins Island) Please find enclosed for filing the original 10-page Findings of Fact and Determination rendered by the Board of Appeals at its March 6, 1996 Regular Meeting. Attached to the Board's determination is the "Proposed Plan" of Robins Island dated November 6, 1995, prepared by James A. Thompson Architects also for filing (and future reference purposes) . This map is the same as the "Proposed Plan" filed by Kevin S. Law, Esq. ate the time the variance application was filed under Appl. No. 4354. A duplicate of the determination and map are also submitted for your office date stamp, and return to us for our records. Thank you. AND FL cc: Kevin S. Law, Esq. .v a _vL➢ TOW %1: CE0dC , ._ Clex1:, Town c` _ e i � J TRANSM]TTAL MEMO 6AY 11 � TO: ZBA Chairman and Members llVi� FROM: ZBA Office Staff DATE: CP4-a W, /99 9 SUBJECT: File Update - With reference to the above application, please find attached the following new information added to the official ZBA office file: --------------------------------------------------------------------- Comments: --------------------------------------------- ------------------ ---------------------------------------------------------------------------- Number of Pages Attached: TrMemo.doc Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE 437 MADISON AVENUE ALBANY,NEW YORK 12207 GARDEN CITY, NEW YORK 11530-4838 NEW YORK, NEW YORK 10022 (518)427-2650 (516) 832-7500 (212)940-3000 FAX: (516) 832-7555 1600 MAIN PLACE TOWER CLINTON SQUARE BUFFALO,NEW YORK 14202 POST OFFICE BOX 1051 (716)853-6100 ROCHESTER,NEW YORK 14603 (716)263-10W CITYPLACE WRITER'S DIRECT DIAL NUMBER: (516)832-7540 185 ASYLUM STREET E-MAIL: kIw@nDBd.00m SUITE 700 HARTFORD,CONNECTICUT 06103 ONE THOMAS CIRCLE (8601 275-6820 WASHINGTON D.C.20005 (202)457-5300 April 20, 1999 Zoning Board of Appeals Southold Town Hall i 53095 Main Road Southold,New York 11971 Attn: Linda Kowalski RE: Robins Island Dear Linda: As required in the Board of Appeals ("Board") Findings of Fact and Determination, dated March 6, 1996, what follows is an annual status report of relevant construction activities that have taken place on Robins Island during the past year. I apologize for the delay in submitting this letter to you but, as you will note below, it was a busy construction year. Area A--Island Access Area No Action. Area B—Hunting Lodge Complex Area No Action. Area C—Farm Center Maintenance Building—construction completed. Dog Kennels—construction completed. Area D—Family Area No Action G153566.1 0355211000003 Nixon, Hargrave, Devans & Doyle up Zoning Board of Appeals April 20, 1999 Page 2 We do not anticipate any new construction commencing at this time. However, we have commenced the permitting and approval process for the helipads and the sea plane operating area with the FAA and the Southold Town Board. If the Board has any questions, please don't hesitate to contact me. Thank you. Sincerely yours, Sevin S. Law _. KSL:cm cc: Belvedere Property Management LLC G153566.1 035521/000003 G A26 A.Grand Scheme Builds Pa radise _ By.Toe Haberstrok gle largest parcel of land in the town. STAFFwcuTER I think it's a responsible submission, _ As a new millenium beckons,finan-a in that it builds on what already exists cier Louis Moore Bacon is planning there now," said Wickham, whose _ sprawling estate on Robins Island,in family owned the island in the 1700s keeping with the luxurious and high- and who farmed the island in the - 'spending spirit of a bygone era. 1950s with his father. Documents filed with the Town of On Bacon's behalf, Thompson 'Southold reveal that.Bacon wants to sought variances last week from:the - •1`l s '"!�i�i��i -build a 15,500�rquare-foot `,`vacation town zoning code to build the:com- ,I house"for himself,his wife and their ,plex. The building department reject- 1 four children; a,45-foot-high.recrea- ed Bacon's proposal.Oct:-31, citing tionbuilding containing-tennis and town zoning regulations that limit squash courts, pistol and video-arch- each lot to a single"dwelling unit:" cry ranges; a 35-foot-high boathouse The town counts four such dwelling s - overlooking Great Peconic Bay;a pad- units:the eight-bedroom main family - xewaaay!ia c�raa Willi.it. dock,hehpad,"swimming pool,kennel, house; the MacKay Cottage, where Miep Gies near a picture of Anne Frank,;whose diary she saved. windmills, garages—some linked by Bacon plans topubupguests and base >i -- - tunnels—and three gazebo s.. "shooting-sport activities;" a garage The cost? containing staff:quarters at the main 3 . . Bacon,characteristically,is silent, house; and Lane House, a.structure Woman Who Hid ' "Internally, we smile at each other 'built in 1917-19 that Bacon plans to when that question comes up and say, turn into a six-bedroom guest lodge. 1 `More than a million,' " said Jim Thompson, however, argues that Anne Frank Visits Thompson, eisla island, sits ea the town should designate only the ,I eon's 435-acre island,'which sits like a main house as the property's princi- t tear-shaped jewel between the North pal use and other structures as merely { _ and South Forks of the East End. accessory, Hy Ken MoHtsugu resident Leo Ullman;Both he and his Southold.Supervisor Thomas Wick- Bacon also seeks four height-var- STAFFwaiTFR - parents, Frank and Emily of Port -- ham said the town had never seen a iances. The 35-foothigh boathouse, At 86,Miep Gies'work is not done. Washington,are Jews who were hid- residential compound quite like that `°For tiwo weeks;'tlie-Hatcli woman-` den in Dutch homes unng.t�he war. . proposed by Bacon,who owns the sin- Please see ROBINS on- age A51._ His parents tnembe2s of the Unitar- ` v is:crass-crossing this country, from p California to New Mexico to Long Is- con church since 1949, helped ar- land°to:.Tex, to Seattle..She-gives - range to have the exhibit shown here; � Development � t t ,_ ' speeches and interviews, talks with Gies lived in relative obscurity un- } n The plan to build on Robins sland schoolcluldrenandsignscopiesoflier til the publishing of her autobiogra- ' book 350m one recent night alone, ` phy,"Anne Frank Remembered;' in she says And this is her third trip - 1987.Because she felt Anne's diary already told'the story,Gies says;she the United States this year.Gies neither wants nor thinks-she took the project on reluctantly and stin onlyat the insistence of an American g �\ a deserves the celebrity.What she did writer. /i"' Cotfa9as ,`,Gazebo hide a Jewish family during the. For Gies,the book accomplished at • Nazi occupation of the Netherlands 1" - least rumoone rs thing—it cleared Ott up var-rank \ r- ,_ was also done by countless other non-Jews,she says.It's just that the ious rumors about how Otto Frank Du k }y !; found his daughter's diary after the r family she hid had a precocious teen- Pond A war. It wasn't in the trash. Gies r - eC4featIon } alter named Anne Frank,who would writes that she found-the diary after Breeden BO!14*pg Agri c(p t el not survive the war but whose diary the Gestapo had discovered the and F' } Main na eraaway;shekept Tennis ' would take on a life of its own. {, v � ��� =i Franks and took th .s%' .— .@Vilding "I could not save Anne's life,"Gies it hidden for the rest of the war and its Court t told about 300 people Friday night at �then gave it to Otto Frank when he _ Pond - ,"✓l . 1/ the Unitarian Universalist Congre- returned to Amsterdam hoping to be A gation of Shelter Rock."However, I gil}; i did save her di and b that I could reunited with his daughter. Frank Upper i J diary y had it published in 1947. Claypits y help one of her most important Today, Gies is the only person ( 7 dreams to come true. She writes in mentioned in Anne Prank's diary • - �l �� (! her diary that she wants,to live on who is still alive. On her only pre- bush after her death. Through her diary, vious visit to Long Island,to speak to s Robins she is really hying on in a powerful groups at Temple Judea m Manhas- ? Island way. set in 1988, she came with her hus- it Gies is here this weekend for the band,Jan.He died in 1993. - �} opening of a new traveling Anne Miep.Gies arrived at the Unitarian Frank exhibit at the Unitarian : church Friday night, straight off a - church at 48 Shelter Rock Road, plane from Albuquerque, N M,:site Planned �' /f I Manhasset. The show, which runs of another Anne Frank exhibit. m through Dec.8,tells the story ofAnne. . Though she says the traveling tires *Manmade r .� Frank and the historyof the Holo- freshwater � jai her,she shows no signs of weariness. onds _ Pool caust.It is free and open to the public She delivers her brief speech then P / from 9 a.m.`to 3 p.m. on weekdays poses stoically for several photo- Cabanalti...,� w and 1 p.m.to 3:30 p.m.on weekends-. graphs amid a blinding deluge of io Gies also will-speak at the regular camera flashes.Next,she sits for an ®��`�~�ir; •:t z service of the church today at 11 a.m. interview:.Finally,she beginssigning, 4 > The four-week run is the fist pub books. - 1, zlic showing.of the exhibit,which will She comes because"the people ask n n go on to other communities around this," she says simply. She accepts a o a the country:It is a project ofthe their invitations, she says, because;' o hattan-based Anne Frank Center she wants to do what she can do to Gazebo' USA,whose chairman is Sands Point battle hatred. t; z , -+ .N r[rtg„t(v,1 Yi13 .;!`r.i _+fir) glee ,, ,4I, Le 9.tis'9" :-t a 't c. ri f- 5�4911��Sd0, 1 RECEIVED ORIGINAL 1, 000✓n ,�, NOV 1 7 1995 TOWN OF SOUTHOLD, NEW YORK TQ,#p4LerPy1R ISION OF BUILDING INSPECTOR APPEAL NO. 43sv DATE ...11/7/95 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,`N. Y, Louis Moore Bacon 44 Piayo Avenue 1, (We) ............................................of ...............:........................................................... ................. Name of Appellant Street and Number Greenwich Connecticut ................... ..........................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ..... toter,31,,,1995................ WHEREBY THE BUILDING INSPECTOR DENIED TO James A. ThoiTpson on behalf of Louis Moore Bacon Name of Applicant for permit of 2 Lafayette Court, Greenwich, Connecticut 06830 Street and Number Munici poll ty State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PBP=- TO CONSTRUCT 1. LOCATION OF THE PROPERTY .................??Ab1z1S.TSl ......................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 134Block 3 Lot 5 Current Owner Louis IbOre Bacon Mop No. Lot No. Prior Owner Southold Development Corporation. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 100 Sections 33%) and 31A) (1) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ( X) B= est tQ_cbaU9a_deS=dt i on of nrjncjZj e burl rli nc.,on'T)rOAerty from Ymackay C®'ttage to new Vacation Home 4. PREVIOUS APPEAL A previous appeal WaV(hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated .........�............. ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that See Exhibit REASMIS FOR PPPFAL FOR RQBINS" ISLAND PROPOSED PLAN, 7%TING VARTANC:E APPLTCATION Form zat (Continue on other side) t REASON �ORAFEfA Continued „ T, I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties rfr'1J6idrecds'+,.r spry HARDSHIP because See Fxhibit "T' 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because See F-& tit " 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because See Fyh it STATE OF NEW YORK ) `— COUNTY OF ,,_- pS�ignoture Sworn to this ��................. day of.......1.!�...... �'/�-G �-� ........... 19 %jam ....... �:Y• ••:• ................ otary Public MARY M.WNELAIN Notary Public,State of-Now Yotlt No.W96204 Clus6fied in Suffolk Countqy ��// QoMmWelon Expires May 11, 91.6 _ RE�GLED ( j } } } j } ] ) ] � } } � } } ] \ [ ( ) � ( ( _ \ R¥w , . . � .( \ � • • • • • • • EXHIBIT 1 TO SOUTHOLD ZONING BOARD OF APPEALS VARIANCE APPLICATION REASONS FOR APPEAL FOR ROBINS ISLAND PROPOSED PLAN, ZONING VARIANCE APPLICATION INTRODUCTION On October 31, 1995 Louis Moore Bacon, owner of Robins Island ( "applicant" or "project sponsor" ) received a Notice of Disapproval from the Southold Building Department for various activities contained in the Building Permit application he submitted for his "Proposed Plan" for Robins Island which essentially seeks to establish a single family residential estate with some accessory structures and an agricultural component . Several of the proposed activities appear to violate the following Sections of the Town Code : § 100-31 (A) (1) and § 100- 33 (A) . The applicant now makes application to the Southold Zoning Board of Appeals for nine (9) variances . This exhibit sets forth and demonstrates how strict application of the town zoning ordinance to the Proposed Plan for Robins Island would produce practical difficulties or unnecessary hardship; how the hardship is not self 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; how the variances will not change the character of the locality; and how the Proposed Plan for Robins Island will observe the spirit of the Town Code, further the public interest, protect the public safety and welfare and have an overall positive effect on the environment . GC01:32343 35521/3 • ♦ • • • • • A. Existing Land Use and Zoning Robins Island is situated in the Agricultural- Conservation (A-C) and Low Density Residential R-400 districts . The purpose of the R-400 district is stated in § 130 of the Southold Town Code . The purpose of the Agricultural-Conservation district and the Low Density Residential R-80, R-120, R-200 and R-400 districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town' s economy and those areas with sensitive environmental features including aquifer recharge areas and bluffs . In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold' s recreation, resort and second home economy. One-family residential dwelling units and agricultural operations are among the principle uses permitted in the R-400 district . A variety of accessory uses are also permitted. Consistent with those permitted activities, all of the activities in the applicant' s Proposed Plan for Robins Island are permitted uses under the Town Code. However, one-family detached dwellings are not to exceed one (1) dwelling on each lot in the R-400 district . B. Applicability of Zoning Code to Robins Island Upon information and belief, Robins Island is the only privately-held parcel in the Town of Southold so restrictively zoned by the R-400 classification. Robins Island consists of approximately 434 upland acres, and is further identified as Suffolk County Tax Map Parcel #1000-134-3-5 . This legal description is very significant because, in the eyes of the Town, GC01:32343 - 2 35521/3 the entire Island is viewed as one parcel . It becomes apparent that the Town Code likely never envisioned ownership of a parcel of the size of Robins Island because the Town Code unconscionably restricts Robins Island to one dwelling unit . Thus the zoning issues faced by the applicant are not self created. The Zoning Ordinance as applied to Robins Island is unreasonable, arbitrary and, perhaps, confiscatory. The applicant cannot utilize the property as intended without violating the zoning ordinance restrictions . In addition, issues facing the applicant are not common to the general condition of properties located in the R- 400 section or for any district for that matter. As the owner of an island, the plight of the applicant is due to the unique circumstances associated with owning an island. The Island necessitates self sufficiency as the applicant desires to establish a single family residential estate which largely cannot rely on the mainland or the Town for the provision of any services . Thus, the need for flexibility, i . e. , issuance of the variances, becomes apparent . C. Historical Land Uses On Robins Island and How the Proposed Plan is Consistent with the Historical Use As demonstrated in the Robins Island Historic Resource Survey of Buildings and Structures prepared by Robert J. Hefner (see discussion in "Attachment All to Full Environmental' Assessment Form, Exhibit 8) , prepared at the direction and expense of the applicant, Robins Island is a relatively intact assembly of buildings and landscape that recall its long history as a shooting preserve . The existing structures on the Island pre-date the zoning ordinance of the Town of Southold. The GC01:32343 - 3 35521/3 • • • • • i • i • Hefner report goes on to describe that Robins Island traditionally had five (5) dwelling units informally known as the Mackay House, the Lane House, Duck Inn, Gamekeeper' s Quarters and the Poultryman' s House . The Gamekeeper' s Quarters and Poultryman' s House have recently been converted by the applicant to agricultural operations and the Duck Inn, which was formerly the caretaker' s cottage, is proposed to be demolished as the structure is in various states of disrepair and cannot be brought up to standards set forth by the Town Code and/or New York State Building Code . The applicant has attempted to adhere to the historical use of Robins Island in developing the Proposed Plan. As shown on the Zoning variance Map prepared by James A. Thompson Architects, Ex. 8 to ZBA Application, the applicant proposes to restore and/or construct six (6) structures (one principle and five accessory thereto) containing space for habitable quarters : Mackay Cottage (B. 2) ; Lane House (B. 1) ; periodic staff quarters in Agricultural Compound (C. 4) ; new caretaker' s cottage (C. 7) ; new family vacation home (D. 1, formerly E. 1 on the map accompanying the building permit application) ; and periodic staff quarters above the garage to the vacation home (D.4, formerly E. 4) . While not having any intention to, the applicant is entitled to subdivide the Island and the yield would likely be in the neighborhood of thirty (30) single family homes . Here, the applicant only seeks permission to reactivate, restore or construct six (6) dwelling units (four of which are the subject GC01:32343 - 4 35521/3 of this variance application) ' which is essentially the exact number of dwelling units that have historically existed on the property. The original and pre-existing dwelling units were designed, built and used for residential occupancy for many years and they all predate the original zoning ordinance . As a similar amount of dwelling units existed on the Island prior to the adoption of the Town Code and during the tenure of the former owners as that sought in the Proposed Plan, there is no reason to place their successors (including the applicant) in any worse position. Furthermore, the applicant respectfully requests that the ZBA declare a change of use concerning the principle buildings on the Island. Specifically, the applicant requests that the new vacation home be considered by the Town as the principle use on the property and that all of the other structures containing habitable quarters be construed as accessory thereto. D. Relief For Additional Dwelling Units Require An Area Variance A residential use in a residential district does not require a use variance. Residential dwelling units are a permitted use under the R-400 zoning district . Five of the dwelling units proposed for Robins Island will be used ' Notice of Disapproval was silent as to Mackay Cottage (B. 2) and periodic staff quarters in Agricultural Compound (C.4) and thus presumably no variances are required for these activities . GC01:32343 - 5 35521/3 periodically only by family, friends, guests and staff of the project sponsor. There will be no fees charged for overnight stays by such guests and staff . The only year-round use of a dwelling unit will be by the caretaker. The essential use of the Island is thus not being changed. Area variances involve matters such as density regulation. The requested relief is simply a change of area and not a change of use, i .e. , change in the number and location of permitted dwelling units . It is not a change in the character of the zoned district, i .e . , commercial use in a residential district . Accordingly, the less stringent standard of practical difficulties is the burden placed on the applicant in seeking the relief sought herein.' E. Variances Sought By Avvlicant As can be seen in the Notice of Disapproval the applicant received from the Town of Southold Building Department, the relief sought by the applicant is not substantial . As a 2 Assuming, arauendo, the ZBA construes the dwelling units variance as a use variance, the applicant clearly shows unnecessary hardship because if the variances are not granted the applicant would not be able to realize a return on his investment of more than $11 .2 million. The applicant purchased Robins Island in the belief he could validly use, restore and replace the existing dwelling units . The inquiry should properly focus on the value of the parcel as presently zoned. Permitting only one dwelling unit on the entire 434 acre parcel is certainly not something that would allow the owner to realize a return on his investment . The value of the property as currently zoned is significantly affected by the restrictive requirements of the R- 400 classification. Moreover, the denial of variance applications will deprive the owner of the beneficial use and enjoyment of his property. The bottom line is Robins Island cannot yield a reasonable return to the applicant if relief from the restriction in R-400 are not granted. In addition, the plan as proposed represents a substantial capital investment by the applicant and materially adds to the value of the property and will ultimately materially add to the tax base of the Town with no corresponding demand for the provision of municipal services . GC01:32343 - 6 35521/3 practical matter, and as discussed more thoroughly below, applicant cannot utilize his property or structures thereon without coming into conflict with certain of the restrictions of the zoning ordinance . Applicant seeks five (5) height variances for four accessory structures which, as proposed, will exceed the 18 foot height limitation as set forth in Article 3 , Chapter 100- 33 (A) of the Town Code and one (1) height variance for the family vacation home which exceeds the height limitation of 35 feet as stated in the bulk schedule for the R-400 zone . In addition, the applicant seeks four (4) variances to construct and/or renovate a new principle building, i .e . , the family vacation home, as well as three accessory dwelling units, the Lane House, a new caretaker' s cottage and new staff quarters for the vacation home. The need for this particular relief arises as a result of the zoning restriction contained in Article 3, Chapter 100-31 (A) (1) which proscribes more than one dwelling on each lot . In total, the applicant seeks nine (9) variances . HEIGHT VARIANCES Applicant seeks height variances for the boathouse, A. 2; garage and mechanical services building, B . 1 . 1; recreation building, C. 1; the garage with staff quarters, D.4 (formerly E .4) 3; as well as the family vacation home, D. 1 (formerly E. 1) . Of particular importance is the fact that none of these 3 The applicant recently prepared a more descriptive map of the Proposed Plan that is submitted herewith but which was not submitted to the Building Department with its application. Thus, this explains the minor differences to the Legend identification for these activities . GC01:32343 - 7 35521/3 • • • • • • • • - • structures are proposed to be any higher than the existing structures already on the Island, nor higher than the tree line . ,Height variances are being applied for the following activities : 1 . Boathouse (A. 2) This is a proposed new structure to provide for control of property access, storage and protection of equipment and vehicles, and for the comfort and safety of persons arriving and departing from the Island. The boathouse is proposed to be 35 feet tall and will be constructed above the 10 foot contour elevation and beyond regulated wetland areas to avoid triggering the need to obtain any permits from the Town' s Trustees and from the New York State Department of Environmental Conservation ( "DEC" ) . The high bay central space for passage of vehicles to the pier and short term staging of materials and supplies in transit to the Island is absolutely necessary because the Island needs to be self-sufficient as there is no connection to the mainland. Equipment, goods and services, and emergency vehicles need to come in off the dock and through the boathouse in order for the operations of the Island to function safely and effectively. Thus, the relief sought is an absolute necessity for the general safety and welfare of the applicant, his family, guests, staff and visitors . Nearly the entire five miles of coastline on Robins Island will remain unchanged and this structure will architecturally be designed to be consistent with similar boathouses found throughout the Town. Moreover, by designing the boathouse to be taller, the applicant reduces the size of the footprint of the structure and thus reduces the visible impacts GC01:32343 - 8 3SS21/3 on the coastline. In addition, as noted in Mr. Hefner' s Historical Report, as many as five (5) structures, including the old Brick Kiln Building, used to be located in the general vicinity of the boathouse and thus the boathouse merely represents the resurrection of a structure with similar height and bulk characteristics . 2 . Garage and Mechanical Services Building (B 1 1) This building, proposed to be only 20 feet tall (2 feet taller than that permitted) , will contain a boiler, water treatment systems and power transformers . Housing the mechanical services equipment near Lane Lodge will aid in efforts to restore this historical building and to optimize its completion. The building will also serve to meet the needs for the health, welfare and comfort of the occupants of the Island. The structure will be located adjacent to Lane Lodge which stands at approximately 48 feet high and across from Mackay House, which stands at approximately 25 feet . Thus, if the additional two foot variance is granted, this structure will still be less than half the height of Lane House and it will not be visible from any public right of way or vantage point . This fact clearly demonstrates the nature of this variance is not substantial, will not create an undesirable change in the character of the locality, and most certainly will not have an adverse impact on the physical or environmental condition of the property or the community. 3 . Recreation Building (C. 1) This new accessory structure will provide space for athletic activities for the applicant' s family and guests . It GC01:32343 - 9 35521/3 will include indoor tennis, basketball and squash courts, among other things . Because the Island needs to be self-sufficient and the owner does not wish to place any burden on townwide community services, the applicant needs to take steps to provide for the recreational needs of his family and guests . As a largely undisturbed Island, there are no parks or playgrounds or recreational fields on the property. Since most of the Island activities will be held during the cold months on the Island, i . e . , during the hunting season, the need for enclosed recreational space becomes obvious . Having a taller building reduces the size of the overall footprint of the structure and reduces any impact of excavation and thus there will be less impact to the Island itself . Nestled far enough upland not to be visible from the coastline, at 45 feet tall, the recreational building will still be no higher than the existing structures already located on the Island and will be lower than the tree line . In addition, this proposed accessory structure will not have any undesirable change on the character of the neighborhood nor any detriment to nearby properties, nor will it have any impact on the physical or environmental conditions on the property or the neighborhood. 4 . Garage and Staff Quarters (D 4 formerly E 4) This accessory building is only seven feet taller than that which is permitted under the zoning Code . The first floor will be a garage for vehicles and storage for the owner' s proposed new vacation home . The second floor will provide periodic accommodations for vacation house staff . (See discussion below) . As there are no neighbors, there will be no GC01:32343 - 10 35521/3 undesirable change in the character of the neighborhood nor any detriment to nearby properties . This variance is not substantial and it will not have any impact on the physical or environmental conditions in the neighborhood or district . S . Family Vacation Home (D. 1 formerly E 1) The vacation home also requires a height variance as it is proposed to be 45 feet in height, 10 feet higher than that permitted under the Code . The applicant desires to maintain the Island as a single family residential estate with some accessory structures and agricultural buildings . Considering the size and uniqueness of the Island, the vacation home will not be substantial, nor will it have any undesirable change to the character of the neighborhood or any impacts on the physical or environmental conditions on the property, neighborhood or district . As proposed, the structure will be compatible to those structures already existing on the Island, i .e . , Lane Lodge and Barn, etc . AREA VARIANCES FOR DWELLING UNITS 6 . Lane Lodae (B. 1) Applicant proposes to repair, alter and complete this existing accessory structure built between 1917 and 1919 . The height of this building at the ridge is 48 feet . It is proposed to be used as a hunting lodge with periodic guest quarters . The structure is in excellent condition, but unfortunately was never completed. Town officials and community members have encouraged the applicant to complete the construction of this building to preserve the historical significance of the structure . As the GC01:32343 - �'1 35521/3 applicant desires to use the Lane Lodge for guests, the use and occupancy of the dwelling unit will only be periodic . Denial of the variance request would prevent the applicant from realizing a reasonable return on his investment and reasonable use and enjoyment of his property and could lead to the unnecessary demolition of the structure or force the applicant to pay taxes on a building he cannot utilize . This hardship is certainly unique and is not self created. In addition, the request will not alter the essential character of the neighborhood nor will it have any adverse impact to the physical or environmental conditions in the neighborhood or district . 7 . Caretaker Cottage (C. 7) This new accessory structure is proposed for use by a year-round caretaker. Conceptually this structure simply replaces the old caretaker' s cottage known as the Duck Inn. To deny a variance for a structure for a full time caretaker would create risks and put demands on community services by forcing non-resident caretakers to travel year round, at all hours of the day and evening, in all types of foul weather, to and from the Island with the risks associated therewith. In fact, in discussions with the local fire department, the applicant was encouraged to have a complete level of fire protection services including an on-site year-round caretaker. From a life safety perspective, this use is absolutely necessary. Moreover, in essence, since the applicant proposes to demolish the old caretaker' s cottage and construct this new caretaker' s cottage, albeit in a different location, there will be no net increase in the amount of such structures on the Island. The alleged GC01:32343 - 12 35521/3 • __ • • r • • hardship is unique as few, if any, parcels of this magnitude exist in the Town requiring year-round caretaker services . The request will not alter the essential character of the community. In addition, the caretaker cottage is proposed to be located in the already largely disturbed Farm Center so there will be no adverse impact to the physical or environmental conditions in the neighborhood or district . Furthermore, location of the structure in the central region reduces any visible impact on public rights of way. 8 . Family Vacation Home (D 1) As initially discussed in the Height Variances section of this exhibit, the applicant also seeks permission to construct a new residential structure to be used as a family vacation home . It is the applicant' s intention to make this structure be the principle use on Robins Island and to view all other structures as accessory thereto and/or agricultural uses .' Until such structure is constructed, however, the Building Department has determined that the Mackay Cottage will be the principle use and thus is requiring the applicant to obtain a variance for this use . The applicant is clearly entitled to construct one principle dwelling unit on his parcel and, to the extent all of the existing structures were not present or were demolished, the need to obtain said relief would not exist . Thus, the hardship is unique and not self created. ' As previously stated, the applicant requests the ZBA to declare (or change the use) that the vacation home (D.1) , not the Mackay Cottage (B.2) , is the principle use on the Island. GC01:32343 - 13 - 35521/3 This structure will be architecturally and environmentally appropriate for the parcel . To prevent the applicant from constructing a vacation home on his parcel would prevent him from realizing a 'reasonable return on his investment . The hardship faced here is unique and does not apply to a substantial portion of the district as there are no other 434 acre privately owned islands in the Town. As the applicant is attempting to create a private estate compound the request will not alter the essential character of the district, nor will it have any impact on the physical or environmental conditions of the parcel or neighborhood. (See EAF and exhibits) . 9 . vacation Home Staff Ouarters Above Garage (D.4 , formerly E.4 The second floor of the garage to the family vacation home is proposed space for periodic use as vacation home staff quarters . The staff will only occupy the quarters when the owner or his family is visiting the Island. Conceptually, this use is nothing more than an unattached guest or staff quarters . It will not alter the essential character of the neighborhood, nor is the request substantial . In addition, as the garage itself is clearly a permitted accessory use and will likely be constructed in any event, the proposed second floor for staff quarters will not have any impacts on the physical or environmental conditions in the neighborhood or district . F. Additional Reasons for Appeal In addition to all of the reasons set forth above and in a summary fashion the applicant sets forth the following: GC01:32343 - 1'4 35521/3 • STRICT APPLICATION OF THE ORDINANCE WOULD PRODUCE practical difficulties or unnecessary hardship FOR ALL VARIANCES SOUGHT because as demonstrated above unique features and other limiting natural resources of an island require it . As currently zoned, technically only one dwelling unit is permitted on the entire parcel . If no variances were granted, the applicant would not be able to realize a return on his investment . • THE HARDSHIP CREATED IS UNIQUE AND IS NOT SHARED BY ALL PROPERTIES ALIKE IN THE IMMEDIATE VICINITY OF THIS PROPERTY AND IN THIS USE DISTRICT because the property is an island and the applicant owns the entire island. Thus there are no properties in the immediate vicinity of this property. In fact, since there are no immediate neighboring properties and since the entire parcel is waterfront, setback and other requirements are not even appropriate . Furthermore, restrictions and standards in a zoning code are primarily designed to protect adjacent properties from interference, obnoxious uses and from causing any negative impacts on property values . None of these items are relevant to Robins Island because there are no neighbors . An island by definition is unique and it is apparent that the Town Code doesn' t take into consideration the likelihood of one person owning an entire island. Thus the uniqueness of this project is implicit . GC01:32343 - 15 - 35521/3 • THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AND WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the plan has no negative effect on the environment . The proposed plan for Robins Island is consistent with the Town Master Plan. The relief sought is less disruptive than other options . The applicant should not be forced to subdivide the Island to use his property consistent with its compatible historical uses . The relief will not create undesirable changes in the character of the neighborhood because there are no neighborhoods on the Island and the closest residential homes are nearly one mile away. G. Additional Public Benefits The benefits sought by the applicant are those shared by the community. Through numerous informal meetings with Town officials, the Town strongly encouraged the applicant to try to work within the existing Code and not to carve up the Island into lots. Thus, the plan avoids subdivision and keeps the property in single ownership. The essential character of the locality will not be altered. There will be no undesirable change nor will there be any detriment to the health, safety and welfare of the community. The variance will be in harmony with the Town Code which, as previously discussed, seeks to preserve large quantities of open space and the rural character of the Town. Moreover, as the Island will remain in single ownership and is being designed to be self sufficient, as it must be, there will be little or no increase in the demand for community services if GC01:32343 - 16 35521/3 • • • • • • • the relief requested herein is granted. (See EAF and exhibits thereto) . In addition, the police powers of the Town are not compromised by granting this relief and there will be no precedent setting value of granting the variances as there are no similarly situated parcels in the Town. The Proposed Plan of Robins Island and the relief requested furthers the public interest . Over 900-. of the Island is not affected by any of the improvements proposed by the applicant . In fact, although the allowable lot coverage of the Island is 5% of the buildable land of 309 . 3 acres, the total building area as proposed by the Proposed Plan is approximately one-half of one percent (0 . 5790-) . As the Proposed Plan seeks to utilize only an insignificant portion of the property while leaving the remainder undisturbed, the public benefits of the Proposed Plan exceed the private benefits obtained by the applicant . SUMMARY A strict application of the zoning ordinance would produce practical difficulties or unnecessary hardships to the applicant . The hardship created by the Town' s restrictive R-400 zoning classification is unique, as is Robins Island itself, and is not shared by all the properties alike in the immediate vicinity and in the same use district as there are no other similarly situated parcels . Moreover, the variance will not change the character of the neighborhood and will observe the spirit of the ordinance and further the goals of the Town' s Master Plan. The public safety and the public welfare will be GC01:32343 - 17 35521/3 secured. Finally, as demonstrated above, substantial justice requires approval of the relief sought herein. GC01:32343 - 18 35521/3 ) ) j ) ) \ \ ( ) { j ) j j \ \ \ � \ / \ Exhibit J « . \ • • • • • • • QUESTIONNAIRE FOR FILI2iG WITS YOUR Z.B.A. APPLICATION A. Please disclose the names of ;the owner(s) and anv other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached_ ) moons Nbore Bacon (sole Downer -- title in Louis Nbore. Bacon,a.nanal B. Is the subject premises listed as the real estaze mariner for = sale or being shown to prasnective buyers? { } Yes ' { X} NO. (.Is. ?es 123-ease. dL=2C.�J. L'7II7 a2 nCCne'i*-+nnc« OL ,le_ ) '"' �raposals 1 yr C'. Are the-_ any r.^ 'n �' 7--T" a__-t^t=?. v { } Na ge —� a_�_- { X} es Several nwm ade bonds are ,proposed for ,fire pMtecti on D_ 1. Are there aaypu ens which cant-in + -� _ 2- Are the. wetlandr ._s a = ' we u grasses? e Shown on the map sumitted with this application? Yes 3. Is the prcperty huLktiezde d between the wer?ands area and the upland" buil 'c..�'ng area? No 4. If Your property contains wetlands or pond areas, have you centacttad the office of the Town stees for its deteZa Tz atica of jurisdiction? Yes E_ Is there a depressica or sloping elevaticn near the area of proposed coastrsc+�io_n at or below five f==t above mean sea level? No (_f not applicable, state `IN_A. 'r ) e ther— any patios, concrete bar_iers, nT�l eac.s ar f Which �nr�c e—T, -and nd are not shown as the S�Irye�T map that you ar_' . submitting? None If none ex st, please state "acne_" G. Da You have any coas`uct.ian taking place at this time cants raing your p - remises? Yes If ves, please sub.mlt. a copy of Your buildi . m ng pe=it andan as approved by the Buil Department. If acne, please s:.ete- dig. See copies of permits Obtained to p el]DO _You or any cc-owner also own et e!aate attached parcel? - close to this Yes if Yes, please e p1z_ where or sut, c^p1e of deeds- Applicant owns two small parcels in New V y as a sta inn ��olk wfiicin � armlicant uses I- ?lease i ; g area for access to and from the island. See cope of Deed.. st present use or aperaticns cc^c `^d at t 'ig parcel Residential and Agricultural " proposed use and J. For further information regarding any of the above please refer to Full EAR and Add'tional Information to the ;Full EAF. j * Several freshwater wetlands*and u� ana 'O c= one tidal wetland exist on Robins Island -�57 o and have. already been mapped by NYSDEC. 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NOTICS OF DISAPPROVAL DA71a October 31, 1995 TAMES A. THOMPSON, ARCHITECT - A/c ROBINS ISLAND PRESERVATION CORP. To ........................... ....... �2 LAFAYETTS COURT ............... .................... GREENWICH. CT. 06830 ......................... ............ BER ... PLEASE TABS NOTICE that your application dated �� 10, ...... for permit to DEVELOP ROBINS ISLAND ................................................................. at Location of Property ........ROBINS ISLAND ..................................................... House No. Street Ramiat County Tax Map No. 1000 - Section ..._1 .... $LOCK .__9.._... LOT ...5......... Subdivision ................................ Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds ........................... . .. A.2 Boat House $1.1 Garage C. 1 Recreation Building R.4 Garage.with staff quarters. . . • • ' • All exceedIS' height limitationforaccessory structures - Article III Chapt:• •100-33A, I . ......... ............... ................................. ....... ...... .. ........... . . J E.1 Family Vacation Same exceeds height limitation of 35' as stated in the Bulk Schedule for an R-400 Zone. E.1 Family Vacation Rome B.1 Lane House C.7 Caretaker ......•................... .................................................. .... j Cottage E.4 Garage with Staff Quarters. Permitted use in an R-400 Zone, a One ........... ...I................... Faiuily Swelling not to exceed one (1) Dwelling on each lot. Action required by the ... Z 4.or4ng.Board.of•Appeals...All Dwelling units require.Suffolk.County Health•Department..` . A.E`Boat House requires Tdwa Trustee and.DEC approval. ..........................._............................................................... i SEE EBHIBIT IS ATTACHED ALSO MIR TO ROBINS ISLAND MAP. .............. ...................... .................................................. . . . i .................. ................................................................... ..... RU�A 6 INSPECTOR RV 1/80 i " \ } } j j j ) ) ) \ \ 41 } RECYCLED } ) ) \ ) } � \ . - / Exhibit - j j j \ \ � � Form No. I Board of Health............... TOWN OF SOUTHOLD 3 Sets of Plans................. BUILDING DEPARTMENT Survey.............................. TOWN HALL Check............................... SOUTHOLD,NY 11971 Septic Form..................... TEL:765-1802 Notify: Examined........................ 19 .... Call............................. Mail to: Approved..................... . 19... ............................. .............................. Disapproved a/c.......................... ..................................................... ............................................. (Building Inspector) APPLICATION FOR BUILDING PERMITS Date: October 3, 1995 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York and other applicable Laws,Ordinances or Regulations.for the construction of buildings,additions or alterations,or for removal or demolition,as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations,and to dmit authorized inspectors on premises and in building for necessary inspections. (� .'..... ... ....... ........................................... (Signature of applicant,or n e,if a corporation) James A.Thompson,Architects 2 Lafayette Court,Greenwich,CT 06830 ............................................................................................. (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder. ..........Architect N.Y.S.License No.023731-1 ..................................................................................... Name of owner of premises... Louis M.Bacon................................................................................... (as on the tax roll,or latest deed) If applicant is a corporation,signature of duly authorized officer. .................................................................... (Name and title of corporate officer) Builder's License No. ....... N/A ................................. Plumber's License No. ...... N/A .................................. Electrician's License No. ... N/A.................... Other Trade's License No.....Architect's NYS License No.023731-1 I. Location of land on which proposed work will be done .... Robins Island ................. ............ N/A ................... ..........N/A............... New Suffolk................. (House Number) (Street) (Hamlet) County Tax Map No. 1000 Section.... 134 Block.....3 Lot..........5 ...... Subdivision..............N/A Filed Map No. ................ Lot.................... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a.Existing use and occupancy ... SEE EXHIBITS A&B ATTACHED,for items 3 through 9 - b.Intended use and occupancy ... SEE EXHIBITS A&B ATTACHED,for items 3 through 9 3. Nature of work(check which applicable): New Building...X..... Addition....X..... Alteration..X... Repair...X..... Removal .....X .... Demolition...X..... Other Work........................... (Description) 4. Estimated Cost..........$1,000,000+.................................. Fee............................................................... SEE EXHIBITS A&B ATTACHED FOR ITEMS 5 THROUGH 9 (payable on filing application) 5. If dwelling,number of dwelling units.................Number of dwelling units on each floor............... If garage,number of cars..................................................................................................................... 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use............... 7. Dimensions of existing structures,if any: Front...............Rear........................ Depth..................... Height .................... Number of Stories............................................................................................ Dimensions of same structure with alterations or additions: Front..................... Rear....................... Depth..........................Height............................. Number of Stories................................................ 8. Dimensions of entire new construction:Front................... Rear....................... Depth..................... Height.........................Number of Stories........................................................................................... 9. Size of lot: Front............................... Rear.............................. Depth........................................... 10.Date of Purchase... 12/93 ...... Name of Former Owner: Southold Development Corp..... 11.Zone or use district in which premises are situated...R:400...................................................................... 12.Does proposed construction violate any zoning law,ordinance or regulation: ...Yes........ 13. Will lot be regraded...Yes-Partial...... Will excess fill be removed from premises: ..No... 14.Name of owner of premises: Louis M.Bacon ..Address:44 Mayo Ave.Grw Phone:212-782-7488 Name of architect: James A.Thompson Address:2 Lafayette Ct.Grw Phone:203-625-5303 Name of contractor:Louis M.Bacon Address:Same Phone:212-782-7488 15.Is this property within 300 feet of a tidal wetland: ...No...Property is within 300' of wetland-worksite is not PLOT DIAGRAM Locate clearly and distinctly all buildings,whether existing or proposed,and indicate all set-back dimensions from property lines. Give street and block number or description according to deed,and show street number and indicate whether interior or corner lot. Refer to attached exhibits prepared by James A.Thompson Architects,dated 10/2/95: Exhibit A: Robins Island,Proposed Plan,Scale 1:200 Exhibit B: Robins Island,Proposed Plan STATE OF NEW YORK,COUNTY OF�-.Q.FF..O.L K.... S.S -3h . —S...A.,'1.V)QftF—V"cing duly sworn,deposes and says that he is the applicant above named. (Name of individual signing contract Heis the........ .Pl..1.�.Axil.. ..................................................................................................... (Contractor,agent,corporate officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. RD � ........... day of 'UQVR. .... 19q,5 Notary Public.............. County L� . ................................ .......... ........................................... (Signature of applica ) SUSAN E.LONG Notary Public,State of New York No.O1LO4958343 Qualified in Suffolk County Commission Expires November 6,19—?c EXHIBIT B TO APPLICATION FOR BUILDING PERMITS FOR ROBINS ISLAND Proposed Plan INTRODUCTION The following outline describes the intended use, features, and character of the structures anticipated to be constructed or renovated on Robins Island. This application seeks approval for a new residential structure intended to be the island's principal building, as well as approval for the repair,renovation and new construction of several dependent accessory and agricultural buildings and structures. All structures are referenced to the KEY FEATURES Legend of the accompanying diagram entitled"Robins Island- Proposed Plan", dated 10/3/95 (Exhibit A). The Proposed Plan concentrates activities in six(6) different areas of the parcel. For ease of reference, these areas have been identified as Areas A-F. A description of the activities the applicant seeks approval for are discussed below: ZONING ORDINANCE DATA Zone Classification: R-400 Low-Density Residential Tax Map Parcel#: 1000-134-3-5 Total Acreage: 435 acres Buildable Land: 309.3 acres (125.7 acres deducted for Freshwater and Tidal wetlands, slopes over 15°/u) Allowable-Lot Coverage - 5%, 15.5 acres Proposed Lot Coverage- AREA"A" -ISLAND ACCESS AREA A.1 Pier and Docks: Existing structure,built in 1994. No permit action required. A.2 Boat House: Proposed new structure to provide for control of property access; storage and protection of equipment and vehicles; and comfort and safety of persons arriving and departing from the Island. Intended Use; Accessory Construction Classification; Type 5a Wood Frame Description; Spaces and Uses; High bay central space for passage of vehicles to pier, short term staging of materials and supplies in transit. Small boat storage on trailers or dollies Marine equipment storage 1 • • • • i • • • • Covered parking, 4 vehicle capacity (including one dedicated emergency response vehicle) Restroom Sail loft Boat Captain/Security/First Aid Station Construction; Heavy timber frame structure on granite block dais, driven wood piling with concrete grade beam foundation, wood plank mezzanine floors, exterior clad in cypress shingles,wood trim and detail. Partial crawl space, no basement. Building Area, Ground Floor Area- 5,500 s.f. Loft/Mezzanine Floor Area-1 500 s.f. Total 7,000 s.f. Floor Elevation-+/- 10' Above mean sea level Height(mean height between eaves and ridge above average grade): 32' - 35' A.3 Landing Craft Access; East of the pier is a dedicated landing zone with wood piling guide dolphins, and a stabilized vehicle ramp across the beach to provide for landing craft delivery of equipment and supplies. Construction of access ramp to conform with all regulations. No building permit action anticipated. AREAf°B" -HUNTING LODGE COMPLEX B.1 Lane House: Repair and Alteration of existing structure(built 1917-1919)for use as a hunting lodge and periodic guest quarters. Intended Use;Accessory Construction Classification; Type 5b Wood Frame Description; Spaces and Uses; Guest Quarters(6 bedroom suites) Shooting Sports Hospitality Service Kitchen Construction: Existing dimension lumber wood frame structure, full cellar(poured concrete), exterior clad in cedar shingles Building Area Cellar- 3,000 s.f. Ground Floor- 3,800 s.f. Second Floor- 3,000 s.f. Third Floor- 51, 00 s.f. Total 11,300 s.f Existing Height @ ridge -48'-0" Height(mean height between eaves and ridge above average grade): 32' Frequency of Use; Periodic during spring and summer Weekends during fall and winter 2 • • - • • • • • • • B1.1 Garage Intended Use; Accessory Construction Classification; Type 4a Description; New construction Full Cellar and connection to Lane House and Mechanical Services B.1.2 Three(3)car capacity Building Area- 850 s.f. Height (mean height between eaves and ridge above average grade): +/-20' B.1.2 Mechanical Service Building; Intended Use; Accessory Construction Classification, Type 4a Description; New construction Full Cellar and connection to Lane House and Garage B.1.1 Floor Area- 850 s.f. Height (mean height between eaves and ridge above average grade): +/-20' B.2 MacKay Cottage: Repair and Alteration of existing cottage, constructed 1917-1919. Intended Use; Accessory Construction Classification; Type 5b Wood Frame Description; Spaces and Uses; Center for Shooting Sports Activities Daytime social space Service Kitchen Overnight accommodations for shooting staff or guests Construction; Existing dimension lumber wood frame structure, full basement(poured concrete), exterior walls and roof clad in cedar shingles Building Area; Cellar- 1,400 s.f. Ground Floor-2,500 s.f. Second Floor- 2.000 s.f. Total 5,900 s.f. Frequency of Use; Periodic during spring and summer Steady use on weekends during fall and winter B.2.1 Garage Intended Use; Accessory Construction Classification; Type 4a Description; New construction Full Cellar and connection to Mackay Cottage Three(3)car capacity Floor Area- 850 s.f. Height (mean height between eaves and ridge above average grade): +/-20' 3 B.3 Ice House: Repair of existing structure. Intended Use; Accessory Construction Classification; Type 5b Wood Frame Description; Existing wood frame structure,brick foundation,crawl space,exterior clad in cedar shingles. Restoration to emulate original condition and details. Building Area;252 s.f. Height(mean height between eaves and ridge above average grade); 21' BA Windmill Intended Use; Agriculture Description; Wood frame windmill tower for water pumping. Height; 60'-0" AREA"C"- FARM CENTER C.1 Recreation Building:New structure for year round athletic activities by family and guests. Intended Use; Accessory Construction Classification; Type 5b Wood Frame Description; Spaces and Uses; Indoor Tennis Court(alternate use for basketball) Squash Court Small bore rifle and handgun range(50 yd) Video Archery Range Supporting lounge and storage accommodations Dovecote Construction; Load bearing concrete masonry walls, Steel orglu-lam rigid frame long span structure. Gambrel roof bam form,clad in cypress shingles. Building Area; Ground Floor- 12,000 s.f. First Floor- 12,000 s.f. Porches - 4,000 s.f. Total 28,000 s.f. Height(mean height between eaves and ridge above average grade);45'-0" C.2 Outdoor Tennis Court Standard doubles court with fenced enclosure C.3 Play Field: Graded and mowed grass area for informal play and team sports. Alternate use as periodic pasture. Approximate area+/-2 acres. No permit action anticipated. CA Farm Quadrangle: Repair and alteration of existing Workshop building,new construction of garages, storage,maintenance shops and mechanical services building. Intended Use; Agricultural Construction Classification; Repair of existing building-Type 5a Wood Frame 4 New Construction-Type 4a Ordinary Description; Spaces and Uses; Farm Equipment Storage Forestry Equipment Storage Firefighting Equipment Garage General Vehicle Storage Maintenance shops Energy Plant and Central Boiler Fuel Storage(in cellar) Operations Workshop Employee Restrooms General Storage Building Systems monitoring center Water System-Treatment and Control Refuse and recycling bins Construction; Concrete masonry bearing walls with Heavy Timber Wood Frame, clad with cypress shingles. Building Area; Cellar- 7,000 s.f First Floor- 20,000 s.f. Second Floor- 8.000 s.f. Total 35,000 s.f. Height(mean height between eaves and ridge above average grade); 35'-0" C.4.1 Seasonal Staff Quarters Dormitory type rooms with private baths to accommodate periodic overnight stays by up to four (4)employees. Shared kitchen facilities to be included. These facilities are proposed to be incorporated into the second floor,west wing of the Farm Quadrangle. C.5 Barn: Repair and Alteration of existing 19th century bank barn for Gamekeeping and Equestrian Activities. Construction of new wing on south side. Intended Use; Agricultural Construction Classification; Repair of existing building-Type 5a WooD Frame New Construction-Type 5a Wood frame Description; Spaces and Uses; North Wing Game Keeper's Equipment Storage 2 Staff Baths with Showers One car garage Mechanical Equipment Room Larder and Coolers East Wing (2 story, 1,500 s.f.) Feed Storage (Upland Birds, Waterfowl) Laundry Tack Room 5 • • • �- South Wing(2 Story w/loft, 4,500 s.f.) 4 Box stalls for horses Wash stall for care and grooming Feed Room Second Floor Equipment Storage(Ramp access for vehicles) Hay Loft Construction;Heavy Timber frame with cypress shingle cladding Building Area; Basement- 4,600 s.f. First Floor- 4,600 s.f. Loft- 1.200 s.f. Total 10,400 s.f. Height(mean height between eaves and ridge above average grade); 35'-0" Frequency of Use; Year round Gamekeeping staff, Seasonal Equestrian staff C.5.1 Horse Run-in and Paddock Intended Use; Agricultural Description; Open shed type run in. Post and rail paddock Building Area; 650 s.f. Height(mean height between eaves and ridge above average grade); 12'-0" Frequency of Use; Seasonal C.6 Dog Kennels Intended Use; Agricultural Construction Classification; New Construction- Type 4a Ordinary Description; Interior and exterior runs for 8 dogs. Storage for food and supplies Facilities for feeding,bathing,veterinary care Building area; 850 s.f. Height(mean height between eaves and ridge above average grade); 16'-0" Frequency of Use; Year round C.7 Caretaker Cottage Intended Use; Accessory Construction Classification; New Construction- Type 5b Wood Frame Description; Two story, 3 bedroom, 3 1/2 bath Building area; 2,500 s.f. Height(mean height between eaves and ridge above average grade); 25'-0" Frequency of Use; Year round C.8 Windmill Intended Use; Accessory Construction Classification; New Construction-Type 5a Wood Frame Description; . Water Storage for fire protection(25,000 gal.) Microwave Telecommunications Equipment Wind Generator 6 0 Existing cistern for fire protection water storage(25,000 gal.) Building area; 1,250 s.f on various levels through tower Height(mean height between eaves and ridge above average grade); 75'-0 AREA"E" -FAMILY AREA E.1 Family Vacation House: Intended Use; Residential Construction Classification; New Construction-Type 5a Wood Frame Description; 8 bedroom family residence with extensive public spaces Construction; Woodframe and Masonry Building Area; Cellar - 1,500 s.f. First Floor- 7,500 s.f. Second Floor- 5,000 s.f. Third Floor- 1,500 s.f Total 15,500 s.f. Height(mean height between eaves and ridge above average grade); 45'-0" E.2 Swimming Pool E.3 Pool Cabana- 1,200 s.f. Intended Use; Accessory Construction Classification; New Construction-Type 5b Wood Frame Building Area: 850 s.f. Height(mean height between eaves and ridge above average grade); 16'-0" EA Garage w/staff quarters Intended Use; Accessory Description Building Area: 1,800 s.f. Height(mean height between eaves and ridge above average grade); 25'-0" AREA"F" F.1 Gazebo: three units indicated at various locations Intended Use; Accessory Construction Classification; New Construction- Type 5b Wood Frame Description; rustic shade structure crafted from natural shaped wood members, shingled or thatched,no utilities or mechanical infrastructure. Building Area; 200 s.f Height(mean height between eaves and ridge above average grade); 895POFU5.doc 10/05/95 1:00 PM 7 . . . � � _ . . . . . - ! } � � ] } \ \ ] ] ] ) } \ \ ) ) � } { } \ � j \ Exhibit \ . j j \ � LIST OF EXISTING AND PROPOSED ACTIVITIES FOR ROBINS ISLAND/PROPOSED PLAN I. Existing Activities A. Renovation and Alteration 1 . Lane Lodge (B. 1) 2 . Mackay Cottage (B .2) 3 . Ice House (B . 3) 4 . Workshop (C.4 . 1) 5 . Gamekeeper/Equestrian Barn (C. 5) 6 . Fire Protection Cistern (C. 9) B . Demolition 1 . Duck Inn ( (B. 5) on Area "B" Map) 2 . Brooder House Complex ( (C.4 . 2) on Area "C" Map) II . Proposed New Buildings A. Proposed Plan 1 . Boathouse (A. 2) 2 . Garage (B. 1 . 1) 3 . Mechanical Services Building (B. 1 . 2) 4 . Garage (B. 2 . 1) S . windmill/Waterpump (B . 4) 6 . Recreation Building (C. 1) 7 . Tennis Court (C. 2) 8 . 7-Sporting Clays Masts (C. 3) 9 . Agriculture/Maintenance Compound (C.4) 10 . Horse Run In and Paddock (C. 5 . 1) 11 . Dog Kennels (C. 6) 12 . Caretaker' s Cottage (C. 7) 13 . Windmill/Telecommunications/Water Storage (C. 8) 14 . Helipad (C. 10) 15 . Family Vacation House (D. 1, formerly E. 1) 16 . Pool (D. 2) 17 . Pool Cabana (D. 3) 18 . Garage w/Staff Quarters (D.4 , formerly E.4) 19 . 3-Gazebos (E) GC01:32404 \ � � ) � ) ) } j } . \ \ } j \ RECYCLED \ El / \ Exhibit -- \ / j J j . BOXES)TMU f MUST BE TYPED OR PIUMM IN BLACK INK ONLY PRIORTO RECORDOI00R Y 11 SUFFOLK COUNTY CLERK .1 - t::, NwGn1 t,� to 1 fill deIIMMInR InYnnrnl DrNIMMrr Tvlury BwINNB/PYy BwgB Pier/Item,Fr MMm itA . N.WIIK .W I.Bnli T. Tr w 00 L 50111,10101 v. N.mG. YS TOW u.117(C.")�,� r S.o ia.l Li Uu I%P JA4 —. E 170M) r' l.� TWIT.MPG TAX RP.T.&A DrlTw. Du1LL.q_. Br11fr APprYrromf_ Tn.WT. �•`-` ADWvrif '�' >. � Mwi T. V. CMll C.PI TYIPnPrq l..a.riy OYINI� f hr 110P. DPBNIINP '14.. it" nP1 _ RIG TNY L• f.r0, Y� ZS— O r ND_ aGrr GRAND TOTAL� IfN0.e.PP Yefobamew PgeP_�fOilrlf�sL MIP prey TTvlm4i AY VerDkWr A 7ylop'ee ii I If pha FLa American Title lrolrtence Cm. 1 WO-060 Cw*rgNr 1 7 ' FDE PAID Btl .•., T �`� PgelrrrRiR_ G1 ��. Yi, i Suffolk C4_g{nay... # .j} 1h e �•Of4I :�. >. xy� w Ia„5...i«.r.....n..,.... •- ae.t.nd..6w,d.11 rer.m,ram.awru anew tleewe exn aa,suNml_rrw sa,swrelr rllsaa w saw es uw9r.eMY �� n ;1 f TID IXUYJf1URE,mud,Ind 3R dy ,December .dneee-huderd•adnlnaty three SETWUN Southold Osvalopmenl Corporation, a New York corporation and debtor in Possession under Chapter It of the Esnkruptey Coda (Case NO. 089 91229-901 having an address c/o Neltxor, CSppe, colAstoin, Wolf, Schllsael { Sager* P.C.1190 Millis Avenue, Mineola, +� r An- York, 1150, Nil,el the firm Net.and LI•n r. M.n rt Mn,on raeullnn nt L. nnyn don nun. U.......lrL, C[. Y r•ny.1 IN event qw. WITNYSSET",Ib,IN f.rrya1M r rm m l.I.dd...d.n,r Ten Nun,•Id a6er.•Inw ne doW am eu.%thee rim",of the wrn,d Nil,dim;hea6)tall,ant emote lien,the"my of da leaved ra,IN kd t m.al IN pm)a IN.went pm Iwww, ALL,hm a,mn rla,piwe a ry.ed.1 hnt..hh the E lld il,•Id Iup,.nlua.At m awwd.drmw. fixed Mint in IN ea AeseNl•etl on Schedule "A" anrwxed hereto and .ems+A pert hve,,.f, l ya..a.t.I" I, Iµta.ati..\ "r T. P -a.A,A nay I...F : TOGETHER with all right, title and Interest of the party of the fyryt ePartnd n. tan any body of land under water and to My body of water lfing 1ne situated Wholly within the boundaries wf time ee1R pnmSmall Ind .rY Inrvi Illing In tine bv1 of eery sonrrl. Illy, rlvrr, At—, a creek In front of or wl,olnin9 the veld premlees and tturing along Into m: Petmle try and naming to ',"I high W+tcr Ilrn tMmM; 1c1 all right, title end Intemt to all Iwo •w+r-i I� IIn Ivl ll'of tlw first pert by virtue of fatter a�tapC reevded Ip Inq.• 145 in the Office of the Suffolk Count yy�;�+ ' na}A, t it D•and Interest to any tnY bottom or Other'firrdi u o .mil sa•11 IT tin part,•of th, first pert: w ell oil, '�mate[tfg� Of Ell, first Part, if any, In any to the said pr am ab•late,"Res of ty interest of the party of IN, first pto all 111 gone, uty a„d ellely etllo[nUq the mid Wet in and to ell stripe and goon and all _.........._...._ ottrr rig to ell ming to , ,,said Ot way, p[lvl- le l`Ictemrlree, and other plicathts Pertaining to the ssltl rattling lab all toLheFerrite, .,copses, on' or le, appnlretivu, any other similar oet[en related to the nse, operation, or dew,lo{mnt of the veld premlees. TOGETHER with all right, title and Interest conveyed to the party of the ritat part by that c,rta Ln load fro. John N, NeeEay dated Jnly 16, 1979 .Vnd reeorArd an JIIY 20, 19)9 In Luber 0662 of eonwy- +1• enrnn at .+age ]dT. —it-.1114,w. w rl[[M.@k•Id Mlaew.ll.np,a Ind pn1,I Ow firm i Y•M I al wall•end meda•Mlinrh,•hewA n-0 Pmrit'Is Ind aao lie.tlwrwlt TOfiE�llyJl.k4 •I HOLD •E IN aura.al rytm.d 14 prry a the lint Nil In sed,e ik E itnt TO I0. A I e tll IN armllev km7n 6aaN uw.As pm)el Ow.e.nel r1,IN hema a AM N de tiny Al 0..wend Mrl tmrnr. P ,•en..Na M AND it.prry Al it*are Pan awuel,IN,IN parry el it.Rrm et M.ss eMaI�IM uW prwdw,,live Men mmemin d In•q tiny Ann......errp•e dlma•1 it,0.E�a�l� We&i Ivry fl Ind him rye,,M rmlyllma.hh Smilee Il a IN Illy W,...,a.eb Ind M pntf M'.1^' I. Ind Mn Ian.In rmi..nw rwl.Nwel,.:f.r'lldl„enrelxs•N any held Ind ..w rwAl. „alum n.I,wl Led le M gy9a dM W dw tk�He awN 61.I"Ind.amen,.,AN raw he its�igreraKalp{.y Ind ml a Ind yIn fro..,., �q , •.r al.r Pnrp.e. a vdrg.n)pAt d Rw Win the YaN tpJ wwrinn ngs"Fi i man M.enarN n II Y Ned•pent-.Mawr Ind WA, a thl,1•deel.e r ,hf, w O.Pmr a it.Am t I NIS7 fen ku daf as 1164 dad o.W m1 6 wawa j(Are} _ v i �.i. AfsysLOWlsMy MR •y�R . .,,y •, Ri n 11 "Alm Mrs reM.sells e1 , n>,n erMV mn.[OVNrr er k.Ow O al Nor el r. I• 1 19was' ' kl...m, 0n itm ,b,nl 19 ,kfwr IM ,• Ow IN 1p mme %. , /).'f.' ,..r.1 Prnnndlr um. . I aw s wn Il IN M k IN iMI.kO.I davlATT4 in.nd.k r 1ne a In k IN M r,m la aN. NrY�nr.menT. .M m1 wwd[.d Tkr amNl dN Imr 'nY Immmwml. .•Iw.r w.lada sold ~ aw rrArrmMmrO>II,COVNrr Or r.<`Oo."n .....er...ro>n,[.uw"Os „ On she ay'\dq nl Deeemtter 19 93 hlere nn On TFe d. 1 per >1lymme Claua Nlttermayer perwmnr r.me IO 19 ,1e.ae n.e I�w Nw.n,wAe,kirr�LT lar III wern,did dgme.M .1. 'als"mnr .im... to Ihr ka'Ti r Inmum , wi, k m.id r I.Ne.Wv" nr,.. .✓Alus I.n..✓....N . i, f"Q ,hem,e e A Iw.Tm.lb.<Tunm.A..Ae,N4 Ar ew dey That k h IN Preaddent ern "..M....... M1e raldnT Ne. al Southold Development Corporation IFn klnowr ' IN,.vrpermien d..[dMd in.nd which nitulM The lan"In,In,wTO,....h.. Ile w k,k i.1'Admt I—,IA. .e.l el W mr ow,Ows su,.1 IN m[I.RkN AIw T1W In d M..an,44 IN finepdTY hr ""alai w mid lmeemnl 1. d.1 dI,r m.1;.kI k wm AT .MI M. Aid uA.[riNq whmr., was pr.mN M mw .ei.N Ar order of IN Adrd el dlrMen M mld rarpem. mrmle IN alms;IN IN, M.mid kans, den,.M Ulm k dbed h none Ihmnv br IAe order. .1 IN I.me'is. wl.rihied A alms m whan,TNn.., ,Zj 0 /1t/v-„7,e ` MDA erMOMR c� Mpmr Aft, :I p1639M ryM 4irno'eEaem�Jlw 141L� ■RO.Ia ash yyrle MITI, Dlrtrlct 1000 1000 `. MIN CDV N.N IAuNn11eNnwll,, uiOx II7.00 134.00 TITLE»a `S Ift . 08.00 03.00 TOTS 0211 p900 SOVFN SY6LO OLD DPNSNT CORPORATION tourer A POPk OD5.00 TO T .nsI a. w nn Amn1..nm I...i.nr.Owasso w saw calk nrv.x p anal as, n.wrr�or..,m.r .......r. linhn d Hessen rN.A..drr ,ru 350 Fifth Avdi £ird Awriem Nk doo,"fimpel, New York, Nov York ANdm lick Attention) Sn.w A. Antam113. Oq.' d►r►f 011l .; I 1 , I I s. 13f. e +.eh A1.0.uwn{ad rM , I1 k_,ItTI'AM P w yy C r s r . •is Parcel S ALL that certain plot, piece or parcel of land, Situate, lying and being at Nov Suffolk, in the To. of Southold, County of Suffolk and State of Nov York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northerly side of Jackson Street, with "a Easterly side of first Street: RDNNING THENCE North 06 degrees 50 minutes 00 seconds East, along the Easterly side of First Street, 91.50 feat, to land now or !Oimerly of Ruth Tuthill Houston: THENCE along said last mentioned land, South 82 degrees 10 minutes 00 seconds East, 207.00 feat, to a monument on the ordinary high water mark of Cutchooue Harbor: THENCE along the ordinary high water mark of Cutchogue Harbor, on a tie line course bearing South 07 degrees 28 minutes Neat, 1I1,I8 feet, to a point an the bulkhead on the basin of cutchogue Harbor: THENCE alcno said tilkhead the following two courses and distances: 1. North 66 degrees 10 minutes West, 75.24 feet; Z. North 60 degrees :8 minutes West, 48.09 foot, to s paint on the Northerly side of Jackson Street: THENCE the Northerly side of Jackson Street, North 81 degtws 10 minutes Nest, $9.00 feet to the corner aforesaid, no point or place of BEGINNING. 't9 > i t / Together with all the right, title and interest FOR of the party Of the first pony, of, in and to '^ CONVEYANCES the land lying In the street in front of and ONLY adjoining said promises. l•a 14i�. �N 'idy�J A /Ca1TULa •A^ Carrel 11 ALL that certain plot, place or parcel of land, situate, lying and being at Nov Suffolk, Town of Southold, County Of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection Of the Southerly side of .Jackson Street, with the Easterly side of First Street: RUNNING THENCE South 81 degrees 10 minutes East alenq no Southerly aide of Jackson Street, 76.0 feet, to a point in no basin of Cetchogue Harbor: THENCE along the basin of Cutchoguo Harbor, South 48 dogreee Jo minutes East, 18.00 feet to a point on the bulkhead of the basin of Cutehogue Harbor: THENCE along said bulkhead the following 5 courses and distances; 1. South 70 degrees 11 minutes East, 99.00 test: 2. South 19 degrees aJ minutes Nest, 57.50 feet: J. on a tie line course bearing North 71 degrees 06 minutes .i 20 seconds Nest, 118.31 fast: a. South 1/ degrees 30 minutes Nest, 15.00 fast: S. South 60 degrees 00 minutes West, 20.0 feet, to a point on the high water mark of the basin the Cutchogue Harbor: THENCE along said high water mark South 0 degrees 40 minOtee East, 01.10 feet, to a point on the bulkhead of the bamin Of Cutchoque Harbor: Continued... oaf Together with all no right, title and interest FOR of the part of the first party, of, in and to CONVEYANCES the land lyyltq in the et;.t in !rout ot,and ; ONLY adjoining aalA promises. m.oiw 1 IC1i0gL[ •Aw Psrnel II continues 'II cE along said bullhead and loose rock Jetties the fallowing three courses and distances: 1. South 39 degrees d minute, East, 72.00 feet, 2. South 45 degrees 39 minutes 50 seconds East, 225.01 feet, to a point on the ordinary nigh water mark of Cmtthogma Harbor or North Race, 1. South la degrees 20 minutes West along a Jett" 25 fast' THENCE along said high water mark of cutchoque Harbor, or llorth Pace, on a tie line course bearing North 68 dagrmas 23 minutes 5o seconds Waft. 244.14 feet, to the Easterly side of First Street; THENCE along the Easterly side of First Street, North 06 degrees 50 minutes 00 seconds East, 290.00 bet, to the corner .for aid the point or place of BEGINNING. i Together With all the right, title and Interest FOR o1 the party Of the first party, of. in and to CONVEYANCES the land lying In the street in front of and ONLY adjoining said promises. Page 1 of 10 r rvc n. i Dareel III ALL that certain tract of lend, known es Robins Island, in the Town of Southold, County of Suffolk and State of Nw York, being boarded and described as follows: BEGINNING at a point on the Northerly shore line of Robins Island, at the high water line of Little Peconic Bay, at a point on the Easterly side of a dock projecting Northerly into the raters of said Little Peconic Bay, where said dock meats the said high water line of Little PlCmnic Bay, and from said point of beginning; RUNNING THENCE nlong the high water line of Little Peconic Bey, the following 26 tie line courses and distances: 1. South 00 degrees 11 minutes 50 seconds East, 136.18 feett 2. North BB degrees 21 minutes 10 seconds East, 17e.07 feet; 1. North 90 degrees 45 minutes 10 seconds East, 566.36 feet: 4. North 65 demreas :1 minutes 10 second. East, 223.72 feett 5. South 00 degrees 41 minutes 10 seconds East, 520.02 feet; 6. South 51 degrees 50 minutes e0 seconds East, 12e.61 feet; I. South 14 degrees 1" minutes 50 seconds East, 209.41 fmatf B. South 26 degrees al minutes 00 seconds East, 186.94 feet; 9. South 19 degrees 16 minutes 00 seconds East, 216.22 feett 10. South 13 degrees 27 minutes OD seconds East, 283.78 feet; Continued... Together with all the right, title and interest MR of the party of the first party, of, in and to } CONVEYANCES the land lying in the street in front of and �C ONLY adjoining said premises. ' ti. Pate 6 of 10 '�' B CBLLgL, "a" 9)dICCL IZI {9000Same 6l 11. South 09 degrees 40 minutes 20 seconds East 15I.07 fast, 12. South 06 degrees 45 minutes SO seconds East 185.2I featt 11. South 0 degrees e6 minutes 10 seconds West 591.06 fast; 14. South Oe degrees So minutes 20 seconds West 544.95 fast' 15. South 06 dem rr.. 51 minutes 00 seconds West 529.62 1Nt1 1, South 07 de0re es 15 minutes 40 seconds West 627.50 fast' 17. South OJ deg:ses 2e minutes 00 seconds West 526.60 feet! 18. South 0) degrees 07 minutes 20 seconds West 561.11 feet' 19. South 00 degrees ,1 minutes 00 seconds East 719.06 feett 20. South 02 degrees 15 minutes 10 seconds East 620.61 test' 21. South 06 dagrses 02 minutes S0 seconds East 596.43 feet! C0N'LIWDED... �i y{ Together. With all the right, title and Snts"at i FOR of the party of the tint DaLty, Of, in and to MwEpldt l,CES the land lying eeld in thestreet in front Of and Y H Page 5 of 10 r ecaDVLs „a,. aaxccL szx (CONTENDED) 22. South 07 degrees 15 minutes 00 seconds East 2e5.29 feet, 23. South 30 degrees 15 minutes 10 seconds East 297.76 feetl 24. South is degrees 25 minutes 20 seconds East 233.90 feet to the southeasterly corner of the promises herein descrired and the high water line of Greet PeeoniC lay: THENCE along the high water mark of Great Peconic lay the following 30 tie line courses and distances: 1. North 66 degrees 01 minutes 50 seconds Nest 200.90 feet; North 34 degrees 41 minutes 60 seconds Nest 695.69 !sett .( 3. North 39 degrees 07, minutes 10 seconds Nest 310.64 feet( North 41 degrees 13 minutes 20 seconds Nest 953.06 feet: S. North e5 degrees 31 minutes 00 seconds Nest 392.46 feet: 6. North 51 degrees 36 minutes 10 seconds Nest 625.03 feet: 7. North 65 degrees 05 minutes 30 seconds West 161.17 food CONTINUED... Together with all the right, title and interest FOR of the party of the first party, of, in and tO CONVEYANCES the land lying in no street in front of and j ONLY adjoining said promises. {.:.. n xl Cy Page 6 09 10 R. L PARCEL III (CONSINOr0) 6. North 96 degrees 17 minutes 30 seconds West 197.02 feet; 9. North 29 degrnes 52 minutes e0 seconds West $88.17 feet: 10. North 28 degrees 07 minutes 00 seconds WEst 461.12 feett 11, North 21 degr— 7t ml not, 00 seconds West 580.12 feet? 12. North 17 degrees sF mi notes 40 seconds Nest 666.97 feet: 11. North 06 degrees 99 minn Gs 20 seconds West 241.6I feat: 14. North 12 degrees 01 minutes 20 seconds West i5o.as feat: 15. North 02 degrees 29 minutes 20 seconds East 138.13 feet: 16. North 05 degrees 58 minutes 1D seconds West 615.24 feet; la. North 02 deare-s 38 minutes 20 seconds West 434.46 feat: 18. North 06 dearees 89 minutes 20 seconds 235.67 feet, CONT M1ED... Together With all the right, title and interest FOR of the party of the first party, of, in etld to CONVEYANCES the land lying in the street in front of uM ONLY adjoining said presises. ,j page 7 of 10 l; vAmeaL xxx (C0112'i11paD) 19. North 10 degrees 52 minutes 20 seconds Nest 107.52 feat; 20. North 10 degrees 11 minutes 50 seconds Nest 029.12 feet; 21. North 06 degrees 47 minutes 50 seconds Nest 196.07 feet; 22, North 01 degrees 50 minutes 00 seconds East 250.11 feat; 23. North 00 degrees Sa minutes 20 seconds Nest 200.01 feat; 24. North 05 dagzaes 56 minutes 00 seconds Nest 154.63 feet; 25. North 07 degrees as minutes 00 seconds Nut 160.69 feat; 26. North 20 degrees 19 minutes 10 seconds East 260.77 feat( 27. North 17 degrees 16 minutes 10 seconds East 271.60 feat) CONTINUED... 7 Together with all the right, title and interest FOR of "a party of the first party, of, in and to CONVEYANCES the land lying in the street in front of and ONLY adjoining said premises. r . Pals 8 of 10 I TVC ifs 1 eCELOpL9 ^\^ PARCEL IIS (CONTI HOED) 26. North 11 degrees 41 minutes 10 seconds fast 506.31 fasts 29. North 27 degrees 40 minutes 30 seconds fast 154.O7 feet, 30. North 26 degrees 55 minutes 00 seconds East 406.13 feet to the northwesterly corner of Ns premises hermin described and the high water line of Little Peconie pay? THENCE along the high water line of Little Peconic Day the :cllowing 15 tie line ccurses and distances: 1. South 19 degrees 01 minutes 10 seconds Mot 146.61 faeta I. South 11 degrees A minutes 00 seconds Nest 55.76 fast? I. South 35 degrees a/ minutes IO seconds Nest 310.85 feet? a. South 26 degrees Il minutes 00 seconds Nest 199.17 feet? 5. South 21 degrees 26 minutes 50 seconds Nast 399.06 foots CONTINUED... Together with all No right, title and interest n FOR of the party of the first party, of, in and to CONVESADCU the land lying in the street in front of and 'c ONLY adjoining said ptalsa. hW, Page 9 of 10 - 'i ecetOv •�a� PaectL III IddNtxmaBml 5. South Na degrees 27 minutes 00 seconds Nest 176.97 fast; 7. South 07 degrees 35 minute. 40 seconds East 196.71 feet; B. South '.S degreen xx minutes 30 seconds East 180.02 feet; 9. South .19 d•arees 55 minutes .10 seconds East 239.96 fast: 10. South 55 degrees 05 minutes 50 seconds East 261.16 feet( 11. South a1 1}gre•r :7 minuren 60 minutes East 194.65 feet; 12. South 79 dearer. 49 minutes 10 seconds East 306.97 fast: 11. due eant. 150.n Sest: North -9 degr." 50 minutes 00 seconds East 186.91 feet: 15. North 66 deg-e-s 07 m_nui es 20 second. East 16.91 fast to the easterly side of aforesaid dock at =a high water line of Llttic Peconic Bay at the point or place of - BEGINNING. Together with all the right, title and interest FOR of the party of the first perry, of, in and to CONvEYANOES the land lying in the street in front of and ONLY adjoining said promises. �1 Page 10 of 10 f 11.W I.a .nNr.MM P r .....I of I.oe ow., m. ....n. of P...t. nV. Larl+Mnlei MItM &.loll M !font of m.l mdj...nt b J.M.or W.too". b1W no. In tl. To"of 'woµele. Pnon•y or Nrooih. 6.ur3MC.P hll•ry. /'. to oft. nMlw Ty'. .1 aroMl IP.M.,ItM,af Mm tap oats!m W. 0.1. of 1.311 ono Mo blood ..l.n Mint 1.ports m'•' Root 55.6 f.a from o otwl.Jrbm Into Vo book of sold Mold. AIA W. it.,Pnrq P7• no : ..9 foot free.as. -.%.,of.wll Irlµl 0.10 .r ty flan nn..J no e.In 1Jwe .N oLfn• .to. Is.. .1 M. Iwt.r/ena1M of too 'It- 'T.rn ruMetlr.lf. em h.P o HMt MM•r .11'2,11 .n blob 1'al.go" P.Int wdrb elqul Moo Mft6!6•?6• pq .IW 0.eth.. row EP.'.oh .t No.MMaY .tl.e wa Mw r.rr 10• ` 4d. ...I 1 fowl no14 Mint or n.rltnleV.m.N ooM Wood ral l nary, M. I I .f norm IA.'A .0". 'I" to,&foam.."as and a1/l.nM1 to"I' X.flb n'1' I'1' rot M I--" M.eM X.fr 71•W rot 1.4 •..t; I o...l"tt o; ,;. Not .7.•. r..t, Mnw R.r 67•3' iot%MO-P h.tl tivnnn rerM 6P•f.9' rot 165,9 Feet, MHn Rertb Tt'P' rot 138.1 b.q M.nn. K.fr 69•St' pot I0.6 foal, atmoo N"te To.59' rot 19'7.4 hall tM.H Nuts 65• It' %.t It74 bet, 0.n1.Mots 56• "' nol Y16.7 foot, tsmo. Moat W P6' too rot, won-routs 5Y 14' Mot 50 foot& stance MUM 26, 56' Mot 10.0 foal LP.Ma 'Tutu PY 57' not!/1.7 foot& tbn+a..M L. 17•PM.foa VI A ratt& aWl'o rn0tb le•M' pot M6.9 root, . Mono.Mott V:q' pat 7nP.P foot, tt.nn. Mute P.P' p.t 537.6 {@@` Mot& t4mM n -%h V 7' rot M5.9 root, temw NoM 7•w' pp top.? fa.t, M.nM most In•1P' p.a 66'i.7 fe.tt ttMw IrooM fte . SP' pot"tHt, M.nM TUM 9'35• pat inl0.p toot,.reN• ' most IS•76' pot 1M.3 root& led- Nor 19.27' Mot U7.i Mta Mmoa NeM It• 19' pat 210.7 fowl ttooe NW 16•t7' am%3ri root, Mon.Mott le-N' mot 960.3 M.tl the o•NYM Ip W Y �• I Mil tow, row Note 16+41' M.,215 Not&fY.Rn Rm%9'W . not 70.6 iws to tea NOWmaes"Ms of a•,NleRa nedbas r.YM ROSY t6•N' rot We fwtl Mow RMr 47'16' r•l Ip.%fwtl reeaR poor tR'Of VMS M.7 fwtl te.ey Rorlt No 15 ' West W9.9 Matt Wets Herr 57'S0• Ra.t M.Y Mll rMw&err N•16 L; •YN 773 Met, straw Roar 6P•so RoN t65.6 fwt saddles tomb I A'ap' Mt inu.6 !cell Mow lerM 6t•26' soar 119.E foal j) i RSN no Y ' Roet ❑4.9 rot, Ym.1 Nrr N'n' arts I..:Mt row Mru b'17 rear ty,2 My stw i•rr V"�' NA 16 r. �z. it.- ..y� ' •_1 0 • 95t 1 root, Munn.North 4?' .' fie,6R fee" •.b.nn.IbfM 1Y%V •M1.t%W.\feet, low..• North •1• 11; root Mr net I d.nn.Worth Pr' F' pet 479.7 fed, th.woes 17! y 11' r.., III rut, then. Fresh Lt•'re' ...t IIW.. root, lh.ees.WsrN 16e N• 1N\ 1:1.1 sob two....Nn,N Pt•". 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WsuN 63'n' Moot Ir0,9 foot, theme .^tenth Nam• /e' N..t Ie4 ^.1b th.nnr South'rota No. Mort IA r"ll lhen.e :Inuth MI• :" feet Y.P.+ foot; thon,tq nnoth r'I• •4' het 1".9 rotl NMw North mJ• e' n.t 161p l..b th.n..tnrth roe eY net 41.9,feet! throw worth 65' I7' net 119•11 f..L L. the p,lot of heNlnnlve, lh.n.. m1.11M Is" the estrn of I.aon lr ..t to h role%e11Nnt Its I..% Inn hot....one en.11n potdiwlot%e N. is.. of wm high Mto" rnn runnle6 th.nn.en It..',.!let M woo elotmt IW root from the line of.men hill men lee .knee eoo.rthft) sod tho rah . NloM to 7M glnl In the ooton Of TmnimrA Fy root..!Iw Met tMtb Nle\N h,11hol". es dhe.Awtrt.e nmuln loos U.9•.rose All ho.dnw nf.Rki M as trot morldlm. OM AIL shot nntNn the, r1..•r Pnool of load.41 tb-OS M of Pesorl.L7 1. If.nt or oho MJ....% to those of M.W.htw Nle's CIW%. e1%@" ' A. efeneelo 1.MY 1wn of Ne"i it As fo11Nwt 1e olb rI IWM.t e qt.% 1n Ns otter,of woewl.Wp shirt!plot 1„w00%"' 15. 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L-.LL I 'Y 0: It. c r t t) 5'.,1 0 P, or .4 L. sluse at ft r.n.00"Me icy outaide "V a line d1atent At t—aO fifty r..,, from tII-, .11.Arm or jjj-jm*rS. prollfl,d hovey,p that ti.:. r1a'Mr.tiol. ...rid .,It lyq.ly W the JoSroal or lard one tart III 'QnLth Ols-I three bOntroji r.Id tiny or,t Jr Width t-C-OAll n. dosrrIbed." Ip'"' I-Ottfirl- P.A.11A are 1,vood in con. ro"Aty "Ith ,opoluti,z. a!- tile ra'a Ono r I or the 1 0 rr 1 In OY t,d re ember 6, 1 N`5; "nuAry U- I n87 o r nd Fob mi I ry, J, 1687. IN V1719r-17y W.;RRMp, we hove.CJIU46d 5lrul nor I.Cttfrl to be nad* P&t*git, fl,d the Great 9.61 of Our 'lid ';t,to to 1, r.r.utv &"Iz*d W7 7%*D j raild 8. H111, '-Ov*mOr of our weld State It mir C1f4 a tLs 111th -I.y or February in the yoIr of nor Lord on* tbOuLfr-d witAt hundred Ind elijA%yopovell, . } , ) . ] j j ) ) } } ) � ) \ � ) } j � j Exhibit \ : \ ) � � NOV 16 '95 . 03:APM MOORE CANAL MGMT 102 I, Louis Moore Bacon residing at 44 Mayo Avenue, Greenwich, cenneaticut 0683o do hereby severally appoint Kevin S. Law. Ssq. residing at Nixon, HargJvave, peva x & poyle i,I,p, 990 Stewart Avenue, Garden City, New York 11530 and James A. Thpmpaon, Architect, residing at Two Lafayette Court, Greenwich, Connecticut 0.8830 as my agent (s) to act on my behalf and hereby authorize %ham to execute all necessary dacument& and plane related to securing all required permits and anrOVals for my development plans associated with property i owe, known as Robins Island, New Suffolk, southold, auffolk COMtY, New York. In Witness whereof: 1 have signed. my name this 3rd day pf November, 1995. zX On this 34 day of�oe/C 1995 before me, the ro sarlber,9 to be tp•.hes®ate eana pe$rPs�+adesox bed tsrand �hc ere ed an�nowsf &0knoWledged to me that he oncuted the same. MIeMAEL b.JAMES "Obty pm 81�SbIl*f"MYolk am Ood"I M w P'82 �aa'Ja arAiela9m • x'A TOTAL P.002 . . __ __ . . �. . . RECYCLE\ } ! � \ \ ) ) ) . ) } ) ) ( ) j ) j j \ j \ j . Emwa - ) j \ � � PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. NAME OF ACTION Robins Isgland/Propntosppedpp Plan, Variance Application LOCATION OF ACTIOND in5 ISlanC S011tC1018Ci $llI OlK) NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Louis Moore Bacon (212)782-7038 ADDRESS 44 D9a o Avenue CITY/PO - STATE ZIP CODE Greenwich CT. 06830 NAME OF OWNER(If dis ffffeerrent) BUSINESS TELEPHONE ADDRESS. CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION Dayrolish, renovate and construct certain buildings and structures on Robins Island as more fully set forth in "A.ttacFmtent A." Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) 1211ural(non-farm) I%Forest ®Agriculture Mother -Idcersed ct;r,Hn" P,-ASe 2. Total acreage of project area: 435 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 1n acres 15 acres Forested 359 acres 340 acres Agricultural (Includes orchards, cropland, pasture, etc.) 20 acres 370 — acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area 5 acres 8 acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces l acres 1..789 acres Other (Indicate type) Beaches 35 acres 35 acres 3. What is predominant soil type(s) on project site? Plymuth loamy sand a. Soil drainage: ERWell drained 70 % of site CI;Moderately well drained _ 2E; % of site (SPoorly drained 5 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 225 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Dyes INNo a. What is depth to bedrock? 1,200 (in feet) 2 5. Approximate percentage of proposed project site with slopes: 90-10% 90 % EY10-15% 5 % E115% or greater 5 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes 9No 8. What is the depth of the water table? 579(in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®;yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? KlYes ❑No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? CRYes ❑No According to Tkia nrai-„M O „s Identify each species See "Attachment L" Flora and Fauna 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I3Yes ❑No Describe bluffs (See "Attachment A") 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes E3No If yes, explain 14. Does the present site include scenic views known to be important to the community? Wes ❑No 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name See P_ttachment A (Surface Tlaters) b. Size (In acres) 17. Is the site served by existing public utilities? ❑Yes KJNo a) If Yes, does sufficient capacity exist to allow connection? OYes QNo N/A- See "Attachment A" b) If Yes, will improvements be necessary to allow connection? Dyes ❑No NSA Utilities 18. Is the site located in an agricultural district certified pursuant to Agriculture and .Markets Law, Article 25-AA, Section 303 and 304? Dyes CffNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? C$Yes ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes INNo Upon information and belief B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 435 acres. b. Project acreage to be developed: 1.789 acres initially; 1.789 acres ultimately. c. Project acreage to remain undeveloped d'11 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed NSA %; f. Number of off-street parking spaces existing NIA ; proposed r1/A g. Maximum vehicular trips generated per hour NZa (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 5 Ultimately L Dimensions (in feet) of largest proposed structure 35- height; 40 width; 500 length. (c.4) j. Linear feet of frontage along a public thoroughfare project will occupy is? N A S Iect description * 1 principal housing unit and g 5 accessory housing units excavated 2. How much natural material (i.e., rock, earth, etc.) will be ? 776,pg0 tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ❑No LNN/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? MYes ❑No c. Will upper subsoil be stockpiled for reclamation? 6Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 4-5 acres. 5. Will any mature forest(over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes 19No 6. If single phase project: Anticipated period of construction 60 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated 1 (number). b. Anticipated date of commencement phase 1 taov. month 1995 year, (including demolition). c. Approximate completion date of final phase Dec. month 1999 year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? ❑Yes IMNo 9. Number of jobs generated: during construction 3p____; after project is complete 10 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Dyes EYNo If yes, explain 12. Is surface liquid waste disposal involved? Dyes ERN a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? MYes ❑No Type septic tank With leaching 000ls 14. Will surface area of an existing water body increase or decrease by proposal? Dyes MNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ®Yes ❑No 16. Will the project generate solid waste? CKYes ❑No a. If yes, what is the amount per month 1 tons b. If yes, will an existing solid waste facility be used? Cayes ❑No c. If yes, give name _Town of Southold • location Cutchoguer New York a a ropnax Oat+ and ' d. Will any wastes nort g into a sewage disposal system or into a.sanitary landfill? Dyes ❑No e. If Yes, explain (1) Construction and demolition debris to private landfill C2) ,ecyclables to Totan of Southold 17. Will the project involve the disposal of solid waste? ❑Yes INNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? MYes ❑No 19. Will project routinely produce odors (more than one hour per day)? OYes LNNo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes LINO 21. Will project result in an increase in energy use? ®Yes ❑No If yes , indicate type(s) oil, gasoline, kerosene, L.P. gas (.see "Attachtnent A") 22. If water supply is from wells, indicate pumping capacity 1B0 gallons/minute. 23. Total anticipated water usage per day 2,000 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes ®No If Yes, explain 4 25. Approvals Required: (See "Attachment A") Submittal Type Date City, Town, Village Board Dyes MNo City, Town, Village Planning Board ❑Yes MNo City, Town Zoning Board IRYes ❑No Vari nnrwa (ZBA) 1. 8 95 City, County Health Department C*Yes ❑No 1�kll. Septic, Fuel Storaae (SCDHS) — Other Local Agencies IRYes []No Sdutho_ld Trustees — Other Regional Agencies ❑Yes MNo State Agencies ( Yes ❑No NYSDFC Federal Agencies ❑Yes MNo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ®Yes ❑No If Yes, indicate decision required: ❑zoning amendment Ezoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? R^400 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 25-30 single family homes and accessory structures and uses 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ( Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a 114 mile radius of proposed action? :Residential (R-40) Maxine (._MIT) 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? (fYes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? NIA a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes MNo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? MYes ❑No See "Attachment A" a. If yes, is existing capacity sufficient to handle projected demand? I(MYes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes ®No a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. please see "Attachment A, Additional Information" E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor ame Kevin S. Law, FSq, on behalf of Louis More Date 11/8/95 Signature Bye Attorney for Applicant If the action is ' the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 o�®gUFfO(�-co APPEALS BOARD MEMBERS off° Southold Town Hall Gerard E Goehringer;Chairman V',. �_, 53095 Main Road Serge Doyen,Jr. y �� P.O. Box 1179 James Dinizio,Jr. Ol �0� Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prepared 1/26/96 AGENDA Updated 2/5/96 REGULAR MEETING WEDNESDAY, FEBRUARY 7, 1996 I. PUBLIC HEARINGS: 7:30 p.m. Appl. #4356 - MARTIN and CHRISTINE KOSMYNKA. This is a request based upon the December 6, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit: to construct an accessory garage building in the required front yard at less than 35 feet at 1985 Pine Tree Road, Cutchogue; Parcel #1000-98-1-11.2. This parcel consists of a size under 20,000 sq. ft. , and the principal front yard setback is shown under Article XXIV, Section 100-244B. (This is a carryover from 1/10/96 to consider alternative locations. ) 7:33 p.m. Appl. #4358 - ROBERT E. GREEN. This 'is an appeal based upon the November 21, 1995 Notice of Disap royal from the Building Inspector in which applicant applied for a building permit for the "existing deck" and was denied under Article IIIA, Section 100-30A.3 of the Zoning Code due to insufficient side yard setback and insufficient total side yards at less than the required 35 feet. Subject premises contains a 38,900+- square feet in lot area located in the R-40 Low-Density Residential Zone. Location of Property: 790 North Sea Drive, Southold, NY; Parcel ID #1000-54-5-14. 7:35 p.m. Appl. #4360 - PAT J. IAVARONE. This is a request, based upon the January 18, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a porch addition at less than the required minimum 15 ft. side yard, Article XXIV, Section 100-244B of the Zoning Code. Location of Property: 996 West Road, Cutchogue, NY; Parcel ID #1000-110-7-3. This parcel consists of nonconforming lot area of 34,000+- sq. ft. 7:40 p.m. Appl. #4361 - ESTATE OF MARY ANNA MUIR/SUSAN PARK UTZ. This is a requested, based upon the January 24, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a single-family dwelling at less than the required rearyard setback of 35 feet, Article XXIV, Section 100-244B of the Zoning Code. This parcel consists of a nonconforming lot area of 12,313 sq. ft. and is located at 295 Youngs Road, Orient, NY; Parcel ID #1000-18-1-12. 7:45 p.m. - Appl. #4359 - EDWARD E. WILLIAMS. This is an application based upon the December 27, 1995 Notice of Disapproval issued by the Page 2 - Agenda Regular Meeting of February 7, 1996 Southold Town Board of Appeals Building Inspector, wherein applicant has applied for a building permit to construct a single-family dwelling and was denied due to insufficient front yard setback from an abutting right-of-way/property line, Article XXIV, Section 100-244B. This parcel contains a total lot area of 54,887 sq. ft. located in an R-80 Residential Zone District, at 16315 Main Road, East Marion, NY; Parcel ID #1000-23-1-12.1. 7:50 p.m. - Appl. No. 4362 - LEWIS B. SHANKS. This is a request for the grant of a waiver as provided by Article II, Section 100-26 in this merger of land as determined in the January 22, 1996 Notice of Disapproval issued by the Building Inspector, concerning a vacant parcel of land of 11,250 sq. ft. , which land has been held in common ownership with adjacent land during a period of time commencing July 1, 1983. The subject land is referred to as Lot 77 on the Map of Founders Estates, and the land adjacent thereto is referred to as Lot 76 also containing less than 20,000 sq. ft. in area. Street Address: 450 and 350 Old Shipyard Road, Southold, NY; County Tax Map Parcel No. 1000-64-2-47 (and Parcel 1000-64-2-48 transferred by deed on 6/7/90 from Shanks to Chiaramonte) . Zone District: R-40 Residential. 7:55 p.m. - Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND) . This is an application based upon two Notices of Disapproval, the grounds for which read as follows: E.1 Family Vacation Home will exceed principal building height limitation of 35 ft. as stated in the Bulk Schedule for the R-400 Zone. E.1 Family Vacation Home as a principal one-family use; Building C.7 Caretaker Cottage for yearround use and occupancy) and Buildings B.1 Lane Lodge, C4 (C4.1) Agricultural Compound, E.4 Garage with staff or guest quarters each as an accessory: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. All buildings which will contain living quarters as an accessory with an extension of the principal one-family dwelling use and/or which exceed 18 ft. height limitation as an accessory are being considered for variances under Article III, Section 100-33A. A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, B.2 MacKay Cottage, C.1 Recreation Building, E.4 Garage with staff quarters, B1.2 Mechanical Services Building and B2.1 MacKay Garage will exceed 18' height limitation as accessory buildings, Article III, Section 100-33A. (Approvals required by the Zoning Board of Appeals before building permits may be granted. ) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; Parcel ID No. 1000-134-3-5 of 434+- acres. IL Page 3 - Agenda Regular Meeting of February 7, 1996 Southold Town Board of Appeals II. RESOLUTION under NYS Environmental Quality Review Act on the following: A. Resolution confirming setback and lot line applications heard tonight as Type II. (No further procedure under SEQRA) . B. Resolution re: Robins Island variance project. Application all inclusive as of 1/10/96 resulting from amended Notice of Disapproval received from Building Inspector. SEQRA reply was received 2/2/96. Coordination was completed on 1/16/96. Next step: evaluate documentation submitted 2/2/96 and, possible determination. (Any declaration other than a Negative Declaration will require a full impact statement. ) III. Other/Updates/Miscellaneous: Resolution authorizing advertisement of new applications filed by 2/15 which are deemed complete by Chairman and Board Secretary for the Wednesday, March 6, 1996 hearings calendar and Regular Meeting. IV. DELIBERATIONS/ACTIONS: (from tonight's hearings as deemed appropriate) . x T: B- 6-96 TUE _11,54 NIXq&ARGRAVE FAX N0, 51*7337 P102 i c9 Nixon, Hargrave, Devan.s bE Doyla LLP Attorneys sail Counselors at Law o.E RETCORR vL.z. 9B0 ST EWART AVE NVE cu1.YeN SeMARE ALBANY. MEW YORK 12207 GARDEN CITY, NEW YORK IIS30-4838 POST OFFICE BOX 1051 (slsl AJ'1-X0E0 ISIS) 832-TSOO ROCHESTER,NEW TOR, I.". Dle) 263-I000 FAX:IBIS) 83E-7380 1000 MAIN PLACE TOWER BUFFALO,NEW YORK IA202 RUITC Too (716) 663-OICC ONE TNOMAS CIRCLE WASMiNOTO N.O.0.20006 (202) -67-0400 e�T N/0160N YCNMR MCW TORN,NEW YORK 10022 WRITER'S DIRECT DIAL NUMBER: 121E) 060-3000 (618)53b1E60 February 6, 1996 VIA FACSIMILE Southold Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island Dear Ms . Kowalski : We are in receipt of a letter addressed to the Board of Appeals from Mr. Joseph Fenton, dated February 1, 1996, and although we responded to the concerns raised by Mr. Fenton at the Board' s public hearing held on January 10, 1996 and although we further responded in "Attachment Ell to our Environmental Assessment Form on February 2, 1996, we now write in response to some inaccuracies contained in Mr. Fenton' s letter. As previously represented and as Mr. Fenton correctly pointed out, Mr.. Bacon will assume responsibility for transporting any school age children that may some day live on Robins Island to New Suffolk. Moreover, Mr. Bacon will he requesting the Town Board to participate in the securing of all necessary approvals to construct the helipad and seaplane landing area proposed for Robins Island as required by the New York State General Business Law. However, Mr. Fenton inaccurately represented Points 2 and 3 of his February ist letter. As for property tax assessments on the Island, whether the actions taken by Mr. Bacon relating to the Island result in a property tax reduction or a GCO1:3ad69 7EB- 6-96 TUE 11:66 NIYOHARGRAVE FAX NO. 51f27337 P. 03 Nixon, Hargrave, Devans & Doyle ur Southold Board of Appeals February 6, 1996 Page 2 property tax increase will be decided by the Southold Board of Assessors. My comments at the January hearing simply pointed to the fact that property improvements typically lead to increased assessments . As for the helipad, we did not represent that the Cutchogue Fire District requested the helipad, only that in our discussions with them in 1995, Mr. Bacon's intention to construct one elicited a favorable response, as a helipad will certainly provide emergency access to and from the Island. Furthermore, as previously stated, the helipad is not proposed to handle ordinary transportation requirements to and from the Island, although the applicant and his guests will periodically travel to the Island by helicopter. In addition, the Southold Town Code does not address helicopter landings, but by analogy the East Hampton Town Code does, and their Code specifically provides that helicopter landings are permitted on Gardiners Island. We will be happy to respond to any other concerns Mr. Fenton or the Board may have at the February 7th hearing. Sincerely, /'Kevin S. Law r KSL.cm CC. Southold Board of Assessors New Suffolk School District Cutchogue Fire District Mr. Joseph Fenton GC01:34869 Copies following this page are regarding the Application of: as additional (new) correspondence/communication/other information received since your last update. ZBA:lk DEC - Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 December 5 , 1995 Mr . Gerard Goehringer Zoning Board of Appeals Southold Town Hall Southold, NY 11971 Dear Gerry and Members of the ZBA Board: Re: Mr . Bacon' s Request for Variances for Robins Island As a member of the Robins Island Working Group I've had a unique opportunity to see for myself just what Mr . Bacon is doing out there. I also knew the island in my youth when we as kids would "sneak" over there to see what was going on . Later when trying to save the island from development , we took a group of Nature Conservancy members to the island during the time John Mackay owned it . Now the new owner, Mr. Bacon, is asking for a series of variances to make his dream of a one-owner concept become a reality. He wants to build a boat house near the dock, renovate the famous Manor House, bring up some of the outbuildings to date and then to build himself a new home on the southwest side of the island. These all seem logical to me. I 'm particularly pleased that he hopes to build additional ponds on the island for they will greatly increase the variety of bird life the island will attract. We were told he might need height variances for some of his projects . If you remember I asked for a height variance when I put up my windmill . Your board okayed it , providing it had a set back from my neighbor' s property line so that should it blow down it would all fall on my land. Seeing Mr. Bacon is the sole owner and there are no neighbors , I would assume he'd have no problem getting this variance. I write this letter only because I feel all of us here in the Town of Southold have finally found a good steward in Mr . Bacon for what he has done on the island as far as I can see has only enhanced what was there. I hope you will grant Mr . Bacon his variances . Sorry I will not be able to be with you at the hearing as I will be out of town. Sincerely, L Paul Stoutenburgh PS :bs ,DEG- -4-9b 11UN 18:07 NIXU*14U 15LaIVu I'IIA IVU, u1U*uoU I . UL. Nixon, Hargrave, Devans & Doyle LLP Attorneys aad Counselors at Lacer ONC RP PLAZA 990 STEWART AVENUE - cuNTON 50UA-E ALeANY, NEW NEw YogK maoT GARDEN CITY, NEW YORK 11530^48:39 POST OFFICE 60K K wOCM EBTEP>NEw♦OR. iaB03 I61B1 a274650 f6161 6$2-9600 plgl E6aa0o0 FAR:(816) 832-7SSS 1600 MAIN PLACE TOWCR BUITP 7o0 BUPCALO,NCw YORK 14202 ON6 TMOMAB CI-CLC 1710) MS2-e100 wAL41NmTON.O.C.20005 1.021 467-B200 411 MAOISON Av--UC lid; — 5 !11 if NEw.......w YORK IOO22 WRITER'S O DIAL NUMBERI 151 61 61 92833-T640 IRIR) R40.8o00 ,per �Q. "O�1P1�70 49 December 4, 1995 VIA FACSIMILE 765-1823 Zoning Board of Appeals Town of Southold Town Hall 53095 Main . Road P.O. Box 1179 Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island Dear Linda: At the Board' s site inspection of Robins Island on Saturday, December 2nd, one of your Board members, Lydia Tortora, requested that we clarify the fact that the proposed vacation home (D.1) will be set back more than 100 feet, landward from the top of the bluff . Attachment "All to our Environmental Assessment Form states that the home would be only "not less than 75 feet landward of the top of the bluff . 1, (,See page 67) . Accordingly; the vacation home is now proposed to be significantly further away from the building setbacks established by the Town. In addition, we will be providing the Hoard's environmental consultant Chick Vorhees with a copy of the plans we submitted to the Suffolk County Department of Health Services for water and septic approvals . We will hand deliver those to Chick on Wednesday night . 35521/3 Gc01:33303 -DEQ- '4-9b tlUN 18:U8 N1HUONU 16bitiu rnn wU, biuue:,.,., r, ui Nixon,Hargrave, Devans & Do)rle LLY Zoning Board of Appeals December 4, 1995 Page 2 I hope this information is helpful to the Board. Please let us know if the Board requires any additional information. otherwise, we look forward to participating in the public hearing on Wednesday. Thanks for your assistance in this matter. Sincerely yours, evin S . Law KSL:cm cc : James Thompson 35521/3 GC01:33302 Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEW YORK 11530-483a POST OFFICE Box loll (SI6)427-2650 (5161 632-T600 ROCHESTER,NEW YORK 14603 ' r 0161 283-1000 FAX:15161 032-7555 1600 MAIN PLACE TOWER r ' BUFFALO,NEW YORK 14202 SUITE 700 (716) 853-6100 DEC �OQ) ONE THOMAS CIRCLE `I WASHINGTON,O.C.MOODS 437 MADISON AVENUE (2021 457-5200 NEW YORK,NEWYORK 10022 WRITER'S DIRECT DIAL NUMBER: 12121 840-3000 (5161 832-7540 December 1, 1995 VIA AIRBOP.NE =PRESS Roy Reynolds, P.E. Office of Wastewater Management Suffolk County Department of Health Services County Center Riverhead, New York 11901 RE: Robins Island Dear Roy: N As per our discussion, enclosed please find an Application for Approval to Construct Sewage Disposal and Water Supply Facilities for Robins Island, submitted on behalf of Louis Moore Bacon. We also enclose the following: • Check made out for $330 . 00 payable to Suffolk County Environmental Health; • (3) Copies of map of Proposed Plan of Development, Overview of Sanitary and Potable Systems, prepared by LBG, dated 11/29/95 (1 to 200 scale) (forwarded in separate Airborne package) , along with (3) copies of Figures 1 - 3 (scale 1 to 100) of the Sanitary and Potable Systems Layout, prepared by LBG, dated 11/28/95) . • (3) Copies of Robins Island General Description of Proposed Potable Water Systems prepared by LBG Engineering Services, P.C. ; • (3) Copies of Sanitary Waste Disposal Systems Design prepared by John J. Raynor, P.E. • Copy of application submitted to Southold Zoning Board of Appeals and exhibits . • Attachment "A11 to Full Environmental Assessment Form for Robins Island. GC01:33225 35521/3 Nixon,.Hargrave, Devans & Doyle w.e Roy Reynolds, P.E. December 1, 1995 Page 2 There are several maps contained in Attachment "A" to the Environmental Assessment Form that I believe SCDHS will find helpful in terms of reviewing our application. Also, at our last meeting with you, Joe, Vito and Bob Farmer, we provided a copy of a Preliminary Hydrogeologic Assessment of Robins Island to Vito which also may be of assistance to you when reviewing our submittals . Please let me know if you need any additional information or if you have any questions . Thanks for your assistant in this matter. Sincerely, evin S . Law KSL:cm Encls . CC : Louis Moore Bacon James A. Thompson, Architect Joe Raynor, P.E. Russ Slayback, P.E. , LBG Engineering Services Joseph Baier, Director, Division of Environmental Quality 7 Southold Zoning Board of Appeals , -- GC01:33225 35521/3 o��gpFFO(,�CO APPEALS BOARD MEMBERS yam° Southold Town Hall Gerard P. Goehringer,Chairman ,,. ze P" 53095 Main Road Serge Doyen,Jr. y s �� P.O. Box 1179 James Dinizio, Jr. �0( �0� Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Laury Dowd, Town Attorney FROM: ZBA Office DATE: January 31, 1996 SUBJECT: Draft Conditions for Consideration (Robins Island) As an update since submission of the first set of conditions requested of you by the Chairman, our office has prepared other conditions which may be of concern, as each relates to the nature of the relief sought and the project as a whole. (Copies are also being furnished to Board Members for "preliminary" consideration. Basically, the conditions were taken from other ZBA files in general. I have included your conditions in the attached four-page draft.) If you have any comments on this draft, please let us know. (Copy of draft conditions also to: ZBA Members Kevin Law, Esq. ) An. \�� AqURNG REQUEST Please... TO: ❑ Read ❑ Handle I �eC.Re e ❑ Approve �LR OURAnd.. ❑ Forward From: LAI ❑ Return ❑ Keep or Toss I I I d ❑ Review with Me Date: Pod-r 7684 03M IM The following CERs would address at least some of those aspects: 1--The new family residence shall be used as the principal residence and may not be leased separately from any of the accessory buildings. 2--The new garage shall be an accessory building. In light of the unique access problems of the island, the garage may have a studio apartment which may be used to house staff while the principal residence is in use. 3--The existing Lane House shall be an accessory building. In light of the unique size of the island and isolated nature of access, the Lane House may be used as guest quarters for up to twelve non-paying guests of the owner of the principal residence. These quarters may only be used # months a year. 4--The newcaretaker cottage shall be an accessory building. In light of the size and isolated nature of the island, the owner of the principal residence must have an employee on-site to conduct 24 hour monitoring of the island. That employee and his/her immediate family, may reside year-round in the caretaker cottage for purposes of monitoring the island. 5--The existing MacKay Cottage shall be an accessory building. In light of the isolated nature of the island, it may be used as overnight accomodations for up to six shooting staff or non-paying guests of the owner of the principal residence. These quarters may only be used # months a year. 6--The Farm Quadrangle shall be an accessory building. In addition to housing the equipment needed to maintain the island, it may be used for overnight stays of up to four employees of the owner of the principal residence. These quarters may only be used between the months of May and October. 7--The Recreation Building is granted a height variance to allow it to have a mean height of 45 feet with the understanding that nearby trees will mask the height from off-island observers. The owner of the principal residence agrees to refrain from cutting any trees within a 100 foot radius of the recreation building in order to maintain a visual buffer. This shall not preclude the owner from normal maintenance of the trees. 8--Any similar restrictions on other height variances? 9--The owner agrees to allow the Zoning Board to inspect the island and above-described buildings to ensure compliance with the above covenants and conditions. 10--The Zoning Board approvals are conditioned upon compliance with the above-described covenants and conditions. Should the applicant fail to comply with these covenants and conditions, the variances granted by the Zoning Board shall cease and be of no further effect. All the accessory buildings will become primary structures and will require additional approvals from the Town of Southold before they can be occupied. Page 10 of 10 - Mar*6, 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Esq, Nixon, Hargrave, Devans, & Doyle, L.L.P. , 990 Stewart Avenue, Garden. City, New York 11530. n. The Zoning Board of Appeals approvals are conditioned upon compliance with the above conditions and with written covenants prepared by applicant's attorney in proper form for recording. The written covenants shall incorporate the Board's above-noted conditions, with wording as approved by the town attorney for the Board of Appeals, and shall be recorded by the applicant with the Office of the Suffolk County Clerk within sixty- (60) days of the date of this variance, or before issuance of a building permit under this variance. A conformed copy of said covenants shall be filed with the Office of the Zoning Board. o. In the event the owner, or his representative(s), fails to comply with any of these conditions and/or covenants, and fails to remedy the noncompliance cited by the Board of Appeals, Building Inspector, or other authorized enforcement officer or agency, pursuant to Article XXVIII, Section 100-280-b (Enforcement Provision) of the Zoning Code, for that building or structure, the approval for the particular activity, building or structure under this determination cited for noncompliance shall cease and be of no further effect. This condition shall not preclude the owner from converting the subject building or structure which is the nature of a zoning violation or noncompliance, to that which is permitted as authorized by the Building Inspector to conform with Chapter 100-Zoning of the Southold Town Code. p. Any and all of the above conditions may be removed, withdrawn, modified, changed, or otherwise altered subject to further action by the Board of Appeals, and nothing shall be construed herein to prevent the applicant (owner) to make further application for the same. VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, Tortora , and Goehringer. This resolution was unanimously adopted. lk ERA CH RMAN BY _� JVL11 ✓ 1t. . t lcwn / LAURY L. DOWD _� y1 THOMAS H. WICKHAM Town Attorney o T Supervisor N W Town Hall, 53095 Main Road P.O. Box 1179 Oy��l �aO Southold,New York 11971 Telephone (516) 765-1889 Fax(516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: ZONING BOARD FROM: TOWN ATTORNEY RE: VARIANCES FOR ROBINS ISLAND DATE: DECEMBER 26, 1995 At the recent hearing on Robins Island, the applicant sought a number of height variances for various structures, and also sought relief from a notice of disapproval for a number of accessory buildings with sleeping quarters. The applicant's attorney, Mr. Law, asked the Board to grant him an area variance for these buildings, and agreed to provide the Board and myself with law showing that an area variance could properly be granted. I received this information and attach a copy of it to this memo. I think the cases cited are similar enough to the Robins Island case to justify your treating the request as an area variance rather than a use variance. This is significant, since the area variance standard (balancing practical difficulties) is not as rigorous as the use variance standard (no reason- able return as shown by competent financial evidence) . The most notable case cited in the letter from Kevin Law is Hoffman v. Harris, in which the court found that the Zoning Board could grant an area variance to allow a gatehouse, as well as a main house, on a single parcel. The gatehouse had been used by the gardener until 1947, when it was rented out to tenants. In 1961 the zoning ordinance was amended to specify that guest houses or other buildings to be used for habitable purposes (by other than servants) are not accessory buildings and are not permitted. That applicant sought approval to continue to lease the gate- house. The court found that the appropriate relief sought was an area variance, not a use variance. I give you the most relevant part of the opinion: / "The point is that granting of the variances will not really change the essential residential character of the neighborhood and need not negate the village's power to distinguish between the principal and accessory uses. The board offered no evidence of adverse effects or any countervailing considerations of public safety, health or morals. The only affidavits submitted by neighbors were favorable to petitioners. The variance would involve no change in the size or number of buildings on the property or in the size and number of familities. The same buildings and the same number of families were there well before the original ordinance was even passed. The issue is not whether the gatehouse may be occupied but whether it may be occupied by rent-paying tenants. The only practi- cal effect of barring the rental of the gatehouse is to deprive the owners of a beneficial use thereof while forcing them to demolish it or have it remain vacant. The question of a variance involves the balancing of community interests and the right of an owner to reasonable use of his proper- ty. The effect of having an area variance with the vital factor of no real change to the character of the neighborhood, rather than a use variance, is to alter the standard by which individual hardship is measured. We agree. . .that a variance should be granted in order that the spirit of the ordinance may be observed, public safety and wel- fare secured and substantial justice done." While I'm not comfortable with the idea that increases in the density of a property can be given under the lesser standards of a use variance, the courts have ruled that it is appropriate if the necessary findings can be made. However, if you also feel uncomfortable, another approach would be to make an interpretation that finds that the requested buildings (with limited residential accommodations) are appropriate accessory uses for a 400 acre, single-lot island with significant maintenance requirements but very limited access. Since the code has no specific limitation on numbers of accessory buildings, no area or use variances would be necessary. I don't want you to twist the code unnecessarily, but we must bear in mind that most owners would subdivide their lots to avoid the need of variances, but that this property owner is trying to keep the island as a single lot, which works to the Town's benefit. Please call me if you have any questions. �j o��gUFfO(K�OG LAURY L. DOWDy` THOMAS H. WICKHAM Town Attorney o z Supervisor N W • �� Town Hall, 53095 Main Road P.O. Box 1179 Oy��l �a0 Southold,New York 11971 Telephone(516) 765-1889 Fax(516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM DEC z g TO: ZONING BOARD FROM: TOWN ATTORNEY - RE: CONSERVATION EASEMENTS DATE: DECEMBER 28, 1995 Many of the boards of the Town have dealt with various forms of conservation easements. In dealing with them, we must be familiar with their strengths and limitations. I hope this memo can give you some of that information. I enclose a portion of a book dealing with conservation easements, as a simple and brief overview. As the article states, there can be tax advantages associated with voluntary donations of conservation easements. However, the advantages are limited by the IRS "quid pro quo" rule. This rule provides that if a developer strikes a bargain with a municipality to donate a conservation easement to the municipality in return for a zoning' or subdivision approval, there is no donation but simply a bargained-for exchange. The IRS will not allow a tax deduction because it feels that there is no gift. IRS Reg. Sec. 14(h)(3)(i) . Finally, I enclose a copy of an article I received from the Peconic Land Trust regarding the process of creating conservation easements. As you can see, it is a fairly complicated process. I hope the enclosed information will be of value to you. I will be glad to talk with you if you have any questions. Encl. PECONIC LAND TRUST TEL No .516-283-0235 Dec 18 ,95 14 :29 No .004 P .03 PLANNER'S NOTEBOOK}-- ---- - • Land use planners concerned with growth manage- Conservation c.Put, parks and recreation planning, and open space protection have a working knowledge of such toots as Easements• �' n simple l of development rights aces h and direct fee simple land acauisitrons. Nina-states have established PD K programs, which to date have protected over Analysis of boght acres (Daniels 1991). Federal agencies have bought development rights e 11.3 million acres of wildlife habitat (Wright 199o; Woo l-1!). The land purchase D�yy� e p programs of government assncia and national conser- n va..on organizations covet -It r,eas.The Nature Con- Irvaney alone has proiecte,' over four million acres in Development me L'S., n belts through ui•:,x in vies of s.The open ;oacc green belts u•d sTaenwa�'s in,cons of communities Rights � y �C hive come u.,o heir proctuamule.l* through)and pur 1Ll`j'g i/'7� `7 cSttss (Little 19;0). Fee examcir, Boulder. Colorado, acquired 35,000 •c- s )sing$60 million in local tax rev vavcs (hiante9 et : t0na). llomners knew very Gtrlt,however.about another land pluzection tuol —donated development rights—com- John B. Wright rnunly called conservation easements. Conservation casements have been used in the United States to protect one million acres of ecologically and scenically important privately owned land from development(Land Trust Al. Donated conservation easements protect over Rance 199%Wright 1990). one trillion acres in the United States from de- velopment. Planners, however, are poorly m- General Overview fortued about the characteristics and applications of this tool. This article defines conservation Fundumental to the idea of property ownership in the easements,traces their history,and explains the united States is the -concept of fee simple title. A land- easement acquisition process.It also outlines the owner is vested with all necessary rights to treat land as advantages and disadvantages of donated ease- a fully marketable commodity. Any of d se rights may ments and discusses how planners can best use be separated and legally conveyed in the marketplace. the technique. Water. mineral, and timber rights are examples of.com- moniy transferred interests. These interests, along with such things as utility and road casements. are positive since they grant a right to do something. Conversely, negative easements restrict rights of use. Any portion of the fee simple. such as the right to sub- divide,build houses,or cut timber,can be transferred to another party and retired. Environmental protection is the principal application of restrictive or conservation easements (Whyte 1968: Lemire 1979; kloose 1980t Niontana Land Reliance and Land Trust Exchange 1982: Brenneman and Bates 1984:Diehl and Bsi-nvtt 1988;Lind 1991).This device has also been called scenic easements, agricultural easements, open space easements, historic preservation easements, and conservation restrictions Wright is an assistant professor otgeography and plan- (Barrett and Livermore 1983). When a conservation ning at New Mexico State University. During the past easement is paid for,it is sometimes called a PDR rather seventeen years• he has negotiated and designed over than a purchased easement. sixty conservation easements covering 75,000 acres In A conservation easement is a less than fee simple in- the western United States. He is the author of Rocky terest in land that is voluntarily donated or sold by a Mountain Divide:Selling and Saving the West(University landowner to a unit of government or an IRS-recognized, of Tekas Press, 1993). nonprofit conservation organization for the purpose of JouFtW o/the American Pfaaning Association,Vol.59.No, protecting significant open space,recreation,geological, 4.Autumn 1993."American Planning Association,Chi- agricultural, or historic resources (Brenneman 1967; cago,IL. Barrett and Livermore 1983:Lind 199 q.Cities,counties, APA JOURNAL 487 AUTUMN 1993 PECONIC LRND TRUST TEL No .516-283-0235 Dec 18 .95 14 :29 No .004 P .04 • JOHN & WRIGHT • s federal land management agencies,national conservation The State of Wisconsin followed suit along the Great organizations,and local land trusts are the most common River Road in the 1950s.In the 1960s.the National Park easement receivers. :iloat easements are granted In per. Service used purchased easements to preserve the land- petuity, although term agreements exist. Land use re• stapes near historical landmarks such as Mount Vernon strictions are negotiated between the property owner and and outdoor playgrounds like Idaho's Sawtooth National casement receiver(grantee)based on an analysis of the Recreation Area. property and on careful consideration of the landowners Purchased easements have also been widely used to needs. The conveyed easement serves as a jointly held protect ecological elements of the landscape. Since the Cand legally binding plan for how a property will be uti. 1950s, the U.S. Fish and Wildlife Service has acquired liz easements on 1.3 million acres to prevent wetlands from Granting a conservation easement deed results in a being drained and filled(U.S.Comptroller General 1979; Cr lyplegal divisionof ownership(Barrett and Livermore 1983). Wright 1993).California's Department of Parks and Rcc- erefore, unlike police power measures, which focus reation has used the tool since 193310 safeguard eco- elyon regulating land use,easements also reconfigure logically sensitive coastal lands adjacent to such pro- es of land tenure.The receiver of an easement"owns" serves as Pfeiffer—Big Sur State Park (Suite and Cun- specific land use rights, which, if exercised, would data. ningham 1968). age the ecological health or beauty of a property. The Nine states have established purchase of development easement holder can never use these rights but must in rights programs, which have conserved over 205,000 stead monitor the land to assure that the agreement has acres at a cost of$400 million(Dartle:s 1991).Maryland been upheld. Violations that cannot be corrected vol. (90,000 acres protected), Massachusetts (28,000 acres), untarily are resolved in court(Lind 1991)• and Connecticut (17.000 acres) lead the way. in 1988, Each easement requires its own careful design(Diehl California voters approved a $776 million bond to buy and Barrett 1988). Land uses such as residential and rec- conservation easements on agricultural and open space rational housing development, commercial and indus- lands(Christian Science Monitor 1990). In 1990.Floridi- trial uses, clearcutting of forests, and overgrazing are ans funded a$3.2 billion bond(The Conservation Fund commonly prohibited. The control of other land use 1990).Arelated technique—transference of development practice can require subtle easement language. Do- _rights(TDRs)—was pioneered during the protection of pending on the purpose of the project, an easement may the New jersey Plnelands and has now been applied by be extremely complex or restrict just one land use. some sixty communities(Roddewig and Ingrahm 1997). The donation of a perpetual conservation easement to However, this technique, which transfers development a qualified receiver, such as a county or land trust, is rights from environmentally sensitive areas to highly de- considered a tax-deductible charitable conveyance under velopable lands, has protected only about .35.000 acres, federal lacy and the IRS codes(Small 1989;Tax Treatment two-thirds of this in Montgomery Cour y, Maryland Extension Act of 1980). Easements granted for a limited (Mantel) et al. 1990s). term are not tax deductible.For income,estate,and other The legal basis for donated easements initially came tax deduction purposes,the gift ofa permanent easement from common law provisions related to the acquisition is similar to giving a cash donation to a church or the of rights-of-way(Powell 1979).The first application was United Way.The amount of tax benefit is determined by in Boston's program to save The Fens from development comparing the appraised value of the land before and in the 18908, but activity soon stalled(Abbott 1982). In after the easement donation(Gunning 1963).The differ- recent years, the use of donated conservation easements. trice equals the value of the gift(Small 1979). has risen dramatically.The tool has been most effectively Grantors of conservation easements continue to hold employed by local land trusts and national organizations title and pay property taxes.However, if the subdivision such as The Nature Conservancy, the Trust for Public rights have been removed, the land can never be taxed Land,and the American Farmland Trust (Wright 1992; as residential land.The owner may freely sell the property Stokes at al. 1989).America's 889 local land trusts have for whatever price it will bring on the open market.Since protected a total of 2.7 million acres of private land from easements"run with the land,' new owners must comply development (Land Trust Alliance 1991). Trusts have with the restrictions. Except in rare cases, conservation received donated easements on 450.000 acres and own easements do not require the granting of public access. 440,000 acres.The remaining 1.8 million acres has been secured through cooperative projects with other groups History Of Conservation Easements and or by transferring management to public agencies. Na- i PDRs Lionel organizations have fared even better. The Nature Conservancy alone has protected over 500,000 acres Donations and purchases of conservation easements through donated easements(Burnham 1986). have occurred for more than a century in the United Since 54 percent of all local trusts have budgets under States(Abbott 1982}.Widespread use of purchased ease. $10.000, these small groups depend on federal tax ben- 'ments (PDRs)begara in the 19306 with federal efforts to efits alone to compensate easement donors financially protect scenic open space next to the Blue Ridge and (Land Trust Alliance 1991). Lard acquisitions and pur- Natehez Trace parkways(Barrett and Livermore 1983). chased conservation easements are more often used by I APA JOURNAL 488 AUTtJMN 1993 pl PECONIC L,RND TRUST TEL No .516-283-0235 Dec 18 .95 14 :29 No .004 P .05 CONSERVATION EASEMENTS the 124 trusts (23 percent of the total) with operating developed parcel appreciates in value because of the budgets in excess of $100.000 and professional starts easement, the IRS may recalculate the landowners al- trained in fundraising. Some local government planning loveable tax deduction and initiate an audit.If the property and open space programs have successfully negotiated Is subject to an existing mortgage, a mortgage subordi- the duration of easements to implement comprehensive, nation agreement must be arranged. A subordination park, and open space plans, but because of little staff agreement is a legal contract with the mortgage carrier training and experiunee,such cases are unusual(Sargent assuring that in the event of a foreclosure the easement at al. 1991; Platt 1991: Mantell at al. 1990b; Lapping, will not be extinguished. Daniels,and Keller 1989; Brower and Carol 1987;Collins and Russell 1988). Step 4: Baseline Study and Qualification The Conservation Easement Process A parcel of land must qualify or the donor cannot claim federal tax deductions from the easement gift. The fol- Whether in a government or land trust setting, the lowing are the four qualification categories of"conser- completion of a donated conservation easement involves vation purposes."which must provide"significant public ten basic steps (see Table 1). While these steps are pre- benefit" as described in the Tax Treatment Extension sented in their most logical order, events often dictate a Act of 1980(P.L.96-541),a Senate Finance Committee different sequence (Diehl and Barrett 1988: Lind 1(J91). report (Senate Report 1980), and the Internal Revenue Code (Internal Revenue Service 1992; Barrett and Liv- Step 1:Initial Meeting with landowner ermore 1983; Diehl and Barrett 1988). The landowner and personnel from the trust or agency tour the property. This meeting clarifies the potential • 'Recreation:"The preservation of land areas for outdoor qualifications of the land for easement protection and the recreation by, or the education of,the general public" willingness of the landowner to proceed with an easement (Internal Revenue Service 1992).This section is rarely donation (Milne 1977). used since few landowners are willing to grant the public perpetual access for recreational activities. Step 2: Landowner Consults Advisers . ecological:"The protection of a relatively natural hab The landowner is advised to discuss options with per- itat of fish, wildlife, or plants, or similar ecosystem!;" sonal legal and financial advisers.All such expenses are (Internal Revenue Service 1992).If threatened and an- fully tax deductible should the easement be conveyed dangered species are found on a property, this nearly (Small 1989). Lawyers and accountants are usually not assures qualification. Properties of good quality that aware of conservation easements and often react nega- contribute to the ecological viability ofparks,reserves, tively to the concept. 'When this occurs, the landowner or the regional environment can also qualify. can be given the names of advisers familiar with the pro- . Open Space: "The preservation of open space(includ- cass. It is best ro first reach an understanding of basic ing farmland and forest land) where such preservation easement restrictions with the landowner, than let the is: (i) for the scenic enjoyment of the general public; attorneys craft the legal documents that reflect this tin- or(ii) pursuant to a clearly delineated Federal. State, derstanding. or local government conservation policy, and will yield a significant public benefit"(Internal Revenue Service Step 3: Title Information 1992).This is the most widely used and complex of all The landowner acquires an up-to-date title report. If categories.For scenic open space. visual but not phys less than the entire ownership is proposed for an ease. ical access is required from a road, waterway, or ad Trent, a survey must be completed to divide the parcel. jacent park.The aesthetic criteria include such subjec- This has its dangers since the landowner may later sub- tive concepts as the "degree of contrast and variety" divide and davelop the adjacent unrestricted tract.If the and "relief from urban closeness" (Internal Revenue Service 1992). Nonscenic lands, such as aquifers, air- TABLE 1- Steps in the conservation easement port noise buffers, farmland, and other areas deemed process important pursuant to a "clearly delineated govern- mental policy," also qualify. A government policy can 1. :niaai taaeFino with landowner extend to any type of land targeted in a comprehensive 3. Lardowner consults advisers plan. 3. 'Gde intonation Historic:"The preservation of a historically important 4. Baseline study and qualification land area or a certified historic structure" (Internal S. Negotiate easement restrictions Revenue Service 1992). Lands that contribute to the 6. Easement appraisal-tax beneats integrity of a historic site such asaCivilWarbattlefield 7. Notify toast planning booed or a structure on the National Register of Historic S. Easement finalized Places would qualify.The records of the state Historic a. easaaentrdsi deed iced Preservation Office help in assessing a property. His- 10. stewardanip montaorng and enforcement toric facade easements on buildings within redevel- APA JOURVAL 489 AUTUMN 1943 i nl PECONIC LAND TRUST TEL No .516-283-0235 Dec 18 ,95 14 :29 No .004 P .06 I HN B. WRIGHT opment areas are the most common application within ervation 1984. Hambrick 1981). Generally the more this category. rights transferred, the greater the potential tax benefits' to the landowner(Browne and Van Dom 1975). How• Each land trust or government agency has its own goals ever, in cases where there is little market for an isolated related to land protection.While a conservation easement parcel, a conservation easement will provide only min- needs to fulfill only one of the preceding four criteria, imal tax savings. the qualification process must dearly identify all values Each project carries its own tax implications. 'there found on a property. The federal standard is not met if are four general aspects of potential tax savinge related the contribution, in accomplishing one conservation to conservation easement donations(Small 1989): purpose, allows )and use rights to remain that would destroy other significant resources of public interest, • Federal and state income taxes: Owners may deduct Qualification Is best achieved through the systematic the full fair market value of a perpetually conveyed assembly of baseline data on the characteristics and con- conservation easement.The deduction in any tax year dition of the property. Field work often Includes the cre- cannot exceed 30 percent of the taxpayer's adjusted ation of vegetation and soils maps,wildlife observations, gross income. Corporations are limited to deductions inventories of existing structures and improvements,and of S percent of their taxable income per year. If the the establishment of permanent; easily relocated photo value of the gift exceeds these limits, the excess may points.The design of the easement restrictions flows log- be carried forward for up to five additional years.Esse- ically from this broad-based understanding of the Ptop- ment values can range from 10 percent to 90 percent arty's features. The baseline report should be dearly of the full market price depending on development written to assure that future monitoring of the land for pressures. violations of easement terms is easily accomplished. • Capital gains taxes: A landowner can donate an ease- ment over the property prior to selling it.This not only Step 5: Negotiate Easement Restrictions assures that the next owner will use the land respon- Creating a viable easement is the central goal of the sibly,it provides the easement donor some shelter from entire process(Barrett and Livermore 1983).Negotiation capital gains,taxes derived from the sale. involves compromise, yet each side may have certain • Property taxes:Property cannot be taxed as residential bottom line requirements.Landowners often want to re- commercial, or industrial land if those rights are sev- tain the right to build one or two additional houses near ered from a landowner's title. Instates where property existing dwellings.Easement receivers typically want to taxes are calculated on the basis of zoning.or potential prohibit all future subdivision and development. Yet if use rather than existing use,an easement may provide the new structures can be located in areas that the base significant tax savings. line report has not "red-flagged," then the obstacle can Estate taxes: A conservation easement reduces the be overcome.Negotiations can Iead to dozens of similar value of an estate that is subject to taxation. These mutually satisfying agreements (land 1991). taxes come into force at a rate of 37 percent on estates Easement restrictions usually address basic types of worth over$600,000.This rate rises to 5S percent on land use and avoid everyday land management issues. estates over$t million. With the tremendous appre- in time, agricultural practices and recreation use are ciation In real estate prices in recent years,many cash. likely to change. Because the conservation easement poor,elderly landowners now hold extremely valuable document is permanent,the following land use categories property.Easements may be one way to keep the land must be addressed with systematic care:agriculture,res- In the family without selling off large tracts to pay estate idential use and subdivision, commercial and industrial taxes(Small 1988). use, mineral development,and recreational use. Good easement negotiations eliminate obviously de- Step 7:Notify focal Planning Board snnuctive land use options.anticipate future conflicm and The.enabling legislation in soma states requires groups craft restrictions that are clear, concise, and unambigu- receiving conservation easements to notify the local ous.The more complex the terms become,the more dif- planning authority when a project is about to close ficult the easement to to acquire, monitor, and enforce. (Knight and Dye 1981). However, since easements are If tan extremely complex set of restrictions is needed to a free market transaction, the approval of the planning properly protect the land,a direct purchase may be Moro board or governing body is not required. The most ef. appropriate. If a mutually acceptable set of easement re (active land trust easement programs are furictionaliy al. strictions can be worked out, a draft conservation ease- lied with local comprehensive planning goals and land• ment dead is prepared. scaps conservation strategies. Step 6: Easement Appraisal Step 8:Easement Finalized .The landowner or the receiving agency hires an in. The final conservation easement deed is prepared. A dependant, certified land appraiser to determine the back-up graittea may be designated to receive the ease. monetary value of the land use rights to be donated(Land ment should the original grantee organization cease to Trust Alliance and the National Trust for Historic Pros- exist (Daugherty 1978). APA JOURNAL 490 AUTUMN 1993 tq PLECONI,C LAND TRUST TEL No .516-283-0235 Dec 18 ,95 14 :29 No .004 P .07 ! ' • CONSERVATION EASEMENTS • Step 9: Easement Deed Filed TABLE 2; Evaluating donated conservation The deed of conservation easement is recorded as a easements perpetually binding legal document in the local clerk and recorder's office. The baseline report is also filed as a Advantages disadvantages record of the condition of the property at the time of conveyance. Tax benefits begin, voluntary-acceptable compared voluntary, Landowner can with government regulations choose not to donate Step 10: Stewardship Fa, AMW compensatlon: federal Financial compensation: The landowner and easement receiver share land income,estate,capital gains vulnerable to changes to tax stewardship responsibility, The individual who granted tax relief for donor laws,many landowners the easement and all subsequent owners are legally bound have no tax"ter needs to honor the arrangement.The land cast or government cmativa technique: aextble complex: wrg lsamfng period agency should monitor the land at least once each year designs possible for proper use for violations. Failure to monitor is viewed by the courts as an abandonment of the easement(Witkin 1973).Should Nesodeh°"b°ssd Training needed in negotiation there occur a violation of the easement restrictions, ne aktl� gotiations are begun to correct the problem. If negotia. Pemmanance:perpetual pem artenow perpetual tons fail, then the easement holder takes the landowner easements monnorvg and enforcement to court for breach of contract-Such eases are extremely responaiplity and expense rare due to the youth of most easements,the landowner's Nontxweauce&tw applicaaen Lack of coordination of tend commitment to the environment, and the stiff penalties mostly by kind trusts trust efforts with weal for violations(Livid 1991). Landowners found guilty are comprehensive pions required to eliminate any offending structures and return the property to its former condition (Diehl and Barrett Op ri space protection as p de eelO t cia eon of needed 1988). primary purpose Easements can later be vacated if, through no fault of Record: 1.000,ODOAcras under Aecord: not Wdey used in the landowner,the original purpose of the easement can donated eageme^u some regwra or the U.S. no longer be met(Powell 1979).For example,if a parcel set aside specifically as big game winter range becomes surrounded by residential dwellings on adjacent lands, the tool selectively to protect the scenic and ecological the easement holder and landowner can jointly petition integrity of high quality,sustainably inhabited landscapes. the district court to dissolve the easement.Conservation finlike regulations,conservation easements are a per- easements do not block eminent domain actions. manent mechanism of land use control,which eliminates the need to address repeatedly development-issues on Evaluating Conservation Easements the same parcel. The tool binds the easement receiver, however,to a perpetual and potentially expensive mon- Table 2 outlines the advantages and disadvantages of itoring and enforcement responsibility.Easement holders conservation easements in land use planning efforts must be financially prepared to prosecute landowner (Wright 1992). The voluntary, compensating nature of who violate land use restrictions, the device renders it very politically acceptable and ef- Most easements have been completed by land trusts fective. Yet its greater use is hindered by two factors. and national conservation organizations with the single Many landowners have no need for tax shelters and they mission of protecting landscapes.In too many cases these claim that even if they did they would not grant an ease- pprojects have not been coordinated with local compre- ment.These are not fatal!laws.A conservation easement pensive plans(Lapping,Daniels,and Keller 1989).Plan- is a highly flexible and creative tool whose proper dip- ners should avoid negotiating easements that may prevent plication requires excellent negotiation and design shills. building in areas served by expensive infrastructure and Land trust activities reveal that initially reticent land- zoned for development (Lemire 1979). Planners must owners can be convinced to grant easements if ap- carefully select the properties appropriate for protection. proached with sensitivity by well-trained negotiators The best application of the tool requires the careful co- (Little 1992; Land Trust Alliance 1991; IDtantell et al. ordination of voluntary landscape conservation efforts i 990a;Brenneman and Bates 1994).If land use planners with regulatory schemes and specific comprehensive plan received proper technical training and negotiation ex. objectives(Wright 1993;Mantell at al. 1990b;Little 1990; perience,the implementation of easements couldexpand • Lapping, Daniels;and Keller 19a9; Sargent et AL 1991; significantly. The training process, however, requires Collins and Russell 1988). time and money, which many planning programs have Americans are concerned with the continuing devel- in short supply. In all cases, conservation easements opment of formerly open landscapes. The rapid growth should not be seen as a no-growth mechanism,as a sub- in the use of donated conservation easements by land stitute for traditional forms of land use regulation, or as trusts and national groups presents the planning profes- a replacement for land purchases.Planners can best use sion with an exciting opportunity to integrate compen- APA JOURNAL 491 AUTUMN 1993 - t,i PECONIC LAND TRUST TEL No .516-283-0235 Dec 18 ,95 14 :29 No .004 P .08 JOHN B. WRIG14T satory and regulatory methods of land.use control.Plan- to Montana Conservation Easements. Montana Law ners are urged to become better Informed about this Review 42:21. practical mechanism to be able to creatively and e1I'ec- Land Trust Alliance. 1991. 1991-1992 National Direc- tively apply it to appropriate aspects of the problem of tory of Conservation Land Trusts. Washington, DC: overdevelopment in the United States. Land Trust Alliance. Land Trust Alliance and the National Trust for Historic REFERENCES Preservation. 1984.Appraising Easements Guidelines for Valuation of Historic Preservation and Land Con. Abbott, Cordon. 1982. Historic Origins. In Private Op- servation Easements. Washington. DC: Land Trust tions. Tools and Concepts for Land Conservation. Alliance and the National Trust for Historic Preser- Montana Land Reliance and Land Trust Exchange. vation. Covelo, CA: Island Press. Lapping,Mark B.,Thomas Daniels, and John W. Feller. Barrett, Thomas S., and Putnam Livermore. 1983. The 1989.Rural Planning and Development in the United Conservation Easement in California'.Covelo,CA:Is. States. New York: Guilford Press. land Press. Lemire, Robert A. 1979. Creative Land Development: Brenneman, Russell L. 1967.Private Approaches to the Bridge to the Future. Boston, MA: Houghton Mifflin Preservation of Open Land. New London, CT: The Co. Conservation and Research Foundation. Lind,Brenda.1991.Conservation Easement Stewardship Brenneman. Russell L., and Sarah M. Bates, eds. 1984. Guide. Designing, Monitoring, and Enforcing Ease- Land-Saving Action, Covelo, CA: Island Press. menu.Washington,DC:Land Trust Alliance and Trust Brower, David I.. and Daniel S.-Carol, ads. 1987. Man- for New Hampshire Lands. aging Land•IJse Conflicts. Durham, NO Duke, Uni. Little, Charles E. 1990. Greenways for America. Balti- versity Press. more, MD: Johns Hopkins University Press. Browne. Kingsbury, and Walter Van Dorn. 1975. Char- _ 1992.Hope for the Land.New Brunswick, NJ- itable Gifts of Partial Interests ln'Real Property for Rutgers University Press. Conservation Purposes. Tax Law 29:67. Mantell,Michael,Stephen F.Harper,and Luther Propst. Burnham. Sophy. 1986. To Save the Earth. Town and 1990s.Creating Successful Communities:AGuidebook Country(December}: IS. to Growth Management Strategies.Covelo,CA: Island Christian Science Monitor. 1990.States Push Land Con- Press. servation. 22 January, 7. 1990b.Resource Guide for Creating Successful Collins, Beryl Robichaud, and Emily W. B. Russell, ads. Communities. Covelo. CA: Island Press. 1988. Protecting the Now Jersey Pinclands. New Milne, Janet. 1977..The Landowner's Options:A Guide Brunswick, NJ: Rutgers University Press Conservation to the Voluntary Protection of Land in Maine. tier Fund. Harbor: Maine Coast Heritage Trust and Maine State The Conservation Fund. 1990. Common Ground 1, 4. Critical Areas Program. Daniels,Thomas L 1991.The Purchase of Development Montana Land Reliance and Land Trust Exchange. 1982. Rights:Preserving Agricultural Land and Open Space. Private Options: Tools and Concepts for Land Con- Journal of the American Planning Association 57, 4: servation. Covelo,CA: Island Press. 421. Platt,Rutherford H. 1991.Land Use Control Geography, Daugherty. Arthur. 1978. Open Space Preservation: Law and Public Policy.Englewood Cliffs.NJ: Prentice Federal Tax Policies Encouraging Donation of Con- Hall. servation Easements. Washington, DO United States Powell, R. 1979. The Law of Real Property.New York: Department of Agriculture,Economics, Statistics and Matthew Bender. Cooperatives Service, ESCS-32. Roddewig, Richard I., and Cheryl A. Ingrahm. 1987. Diehl, )anet, and Thomas S. Barrett. 198g. The Conser- Transferable Development Rights Programs.Chicago, vation Easement Handbook. Alexandria, VA: Land IL• American Planning Association. Trust Alliance and Trust for Public Land. Sargent, Frederic O., et al. 1991.Rural Environmental Gunning, Harold. 1963. Valuation of.Restrictive Ease- Planning for Sustainable Communities. Covelo, CA: Monts.Appraisal Journal 31: 29. - Island Press. Hembrick, Kenton. 1981. Charitable Donations of.Con- Senate Report No. 1007. 1980. 96th_Congress. Second servation Easements: Valuation, Enforcement and Session. 13. Public Benefit.Taxes 59, 347. Small. Stephen. 1979. The Tax Benefits of Donating Hoose,Phillip. 1980.Building an Ark:Tools for ihe.Pres- Easements on Scenic and Historic Properties,Real Es- ervation of Natural Diversity Through Land Protec- tate Law journal7: 304. (ion. Covelo. CA: Island Press. 1988. Preserving Family Lands. Washington, Internal Revenue Service. 1992.Internal Revenue Code DC: Land Trust Alliance. Section 170(hX49.40. Washington, DC: U.S. Depart- . 1989. The Federal Law of Conservation Ease- ment of Treasury. mends. Washington, DC. Land Trust Alliance. Knight,Robert,and Nancy Dye. 1981.Attorney's Guide Stokes.Samuel N..A.Elizabeth Watson et al. 1989.Say. APA JOURNAL 492 AMUMN 1993 ra t f You can't just do nothing. CHAPTER 3 A generation ago,or even a decade ago,a landowner who cared about his or her land didn't have to do much tax or legal planning,and in many cases didn't have to do any Gift of a Conservation lax or legal planning,to see to it that important family land Easement made it intact to Use next generation of owners. A lot of you who are reading this book don't like to be k told what to do with your real estate. But listen carefully: if What is a "Conservation Easement"7 • you don't take some action,if you don't begin planning Put very simply,a conservation easement is a restric- now,the government is going to tell yourfamily what to do tion on the use of your property. It is a recorded deed i with your real estate and your heirs aren't going to like restriction, and the right to enforce the restriction is given what they hear. to a tax-exempt charitable organization(generally in the The planning will be different for every landowner and conservation field)or a government agency. for every family.The pi arming may well go beyond some of In its most basic form, a conservation easement will the choices and suggestions in this book. But if you care protect land against future real estate development, indus- _ about your land, and if your land is valuable,and if you trial use,and many potential commercial uses.A conserva- want to keep your land intact and pass it to the next genera- tion easement generally allows you to continue current lion,you can't just do nothing.g uses,including,for example,residential and recreational II Once again,some of the choices. use,agriculture,forestry,or ranching. A conservation ease- ment protects some important conservation quality of your • Once again,some of the choices: a conservation ease- land,such as habitat,open space,or scenic views. ment, a remainder interest,a gift by will,gifts to other fami- Sometimes a'conservation easement"is also referred ly members while you are alive, a cash sale.Which one is „ right for John and M `t to as an easement"or as a conservation restriction."In ary. Or for Bob and Sue?Or for you? this book I use the terms interchangeably. Let's look first at conservation easements. • There is more on all of this throughout this book,but this is enough to gel you started. — 14 Preserving Family Lands Gift of a Conservation Easement 15 W 'i Background "for conservation purposes."As a rule,the following gener- You have the right to do a lot of different things with alization works:the more significant the land is,the more it your property.Subject,of course,to local zoning and public adds to the public good,the more likely it is that you will health and safety requirements,a property owner can plant qualify for the deduction.If you are protecting a large tract trees or cut them down,build buildings or demolish them, of primarily undeveloped properly(like John and Mary grow crops or raise cattle,grow peonies,dig holes in the Landowner)of ranchland or farmland(like Bob and Sue property,fence the property in,build a wall around it,and Farmowner),or a smaller parcel of land with scenic or open so forth. space qualities,if you are protecting habitat for an impor- • The gift of a conservation easement to a charitable cant or threatened animal or plant species,if you are pre- organization involves voluntarily giving up some of these serving a scenic view on a long stretch of roadside that is rights(such as the right to build condos all over the land) threatened with subdivision,if you are contributing to a i and putting in the hands of the new holder of these rights the greenbelt around a city or preserving a watershed by a power to enforce the restrictions on the use of the property. scenic brook or river or lake,your donation is more likely to Remember,if you donate an easement you are only limiting qualify for a deduction.In addition,you can meet the"con- some of your rights with respect to your property.As I men- nervation purposes"lest if you protect important historic I tioned in Chapter 2,you continue to own your land,and you property can do anything with your land that is not prevented or You will probably not qualify for a deduction if there is restricted by the easement. nothing special or unusual about the land that you are pro- Every landowner is unique and every piece of land is tecting except that it does not currently have more houses I • unique.Every conservation easement should be unique and on it.Think of it this way./f you are truly contributing must be tailored to meet the needs of that particular something to the general environmental well-being of the landowner and that particular piece of land area, then that's a good(and deductible)gift. If you are 1!! truly trying to get away with something("maybe I can get a The "Conservation Purposes" Test deduction for not permitting any more development on my It is important to emphasize that not every easement suburban house lot"), and there is nothing particularly restricting the future development of property will meet the unusual about your property or its setting,you are probably { tax law requirements.The tax law requires that the gift be not entitled to an income tax deduction.(As a practical mat- �j , 11 I ;.� 16 Preserving Family Lance Gift of a Conservation Easement 17 � s i ter,in this latter case,it may be difficult to find a donee is equal to what it would sell for if it were put to the most j organization to accept your easement gift.See Chapter 8.) valuable economic use that is possible under the circum- 1 /fyou are in doubt about whether or not an easement on stances. In many cases(though not all),with land that is our ra ert would uali Y P p Y q (y for an income tax deduction, generally undeveloped or only partially developed,the see Chapter 8for some of the people who can help you "value" for estate tax purposes is equal to the highest answer this question. In many communities around the amount someone would pay for it if it were sold for devel- country,local tax-exempt organizations have been formed " opmenl. precisely for the purpose of protecting open space and other Let's say that Riverview is worth$2,500,000 to a devel- important land in the• area.These organizations,often called open(who would then subdivide the property,build homes � "land trusts,"should be in a good position to assist you. on it,and sell homes and/or house lots). One final important point about a conservation ease- If Riverview were subject to a conservation easement, ment. In many cases it will be possible to qualify for an however, and could not be subdivided, the development income tax deduction by giving up the right to develop your potential would be non-existent and the value of the proper- property to the maximum possible extent while still retain- ty would be considerably lower(although Riverview would ing the right to do some limited development in thefuture. If still retain some significant value). For example (and a conservation easement preventing any further develop- remember, this is just an example),let's say the value of men[on John and Mary Landowner's Riverview would Riverview as a 200-acre"estate"that could never be further qualify for an income tax deduction,John and Mary could developed is$1,000,000.For the Landowners' property, also reserve the right to build,for example,four more hous- then,the value before the easement or restriction would be es on• Riverview,subject to certain restrictions and limita- $2,500,000, and the value after the restriction would be [ions, and still qualify for an income tax deduction as long $1,000,000. as the property's conservation values continued to be pre- Now,here is the rule.In the case of a gift of a conserva- served.Remember,however,that in many cases conserva- tion easement,the value of the gij:is equal to the difference lion values and any further development will be between;the value of the property laefore the e�semen.<�nd incompatible. the v.�;c<o,`+tze property after tlae easement. How the Gift is Valued Using the example above,'. e value o,`: Rwe�vi. ,, be- For purposes of the tax rules,the"value"of a property fore the easement or restriction,is$2,500,000, t?- vad,ue 18 Preserving Family Lands Gift of a Conservation Easement 19 is after the restriction is$1,000,000,and that means the value Diamond Farm will now be valued as farmland(say ofthe gift is$1,500,000. That represents the income tax de- that's$1,000 an acre in their area)rather than as a potential duction John and Mary are allowed,subject to limits dis- subdivision.With Diamond Farm worth$1,500,000 before cussed below, the easement,and$500,000($1,000 an acre)after the ease- Consider another possibility for John and Mary.As I ment, the value of the easement is $1,000,000. Their suggested earlier, as long as Riverview's conservation income tax deduction,then,is$1,000,000. values continue to be protected, John and Mary could The ability of any family to use these deductions for donate a conservation easement on Riverview and still income tax purposes is limited,as discussed below. But • retain the right to do some limited development at River- John and Mary have"given away"much or all of that devel- view in the future. For example,they could donate a conser- opment value that was pushing their estate so high, the vation easement on Riverview and reserve the right to build Farmowners have reduced the value of their estate by four more houses there,subject to certain restrictions and $1,000,000,and both families can continue to own,use,and limitations. In this limited development possibility their enjoy their family land. If either family at any point does house and lot could be worth$900,000 and each of the four decide to sell,any future owner will be subject to the same "reserved"lots could be worth$150,000.The total value restrictions, and Riverview and Diamond Farm can be after the restriction would be$1,500,Wo($900,000 plus the saved. four lots at$150,000 each). In this example,the value of Riverview before the ease- The Income Tax Deduction ment is$2,500,000,the value of Riverview after this ease- No matter how much any individual gives to charity, ment is$1,500,000,so the value of the gift is$1,000,000 limitations in the tax law make it impossible to eliminate • ($2,500,000 minus$1,5W,000). the total amount of Federal income tax due. For Bob and Sue Farmowner,a conservation restriction Let's start with an example. on Diamond Farm would likely have a similar,dramatic If John and Mary have annual income of$200,000, effect. If Bob and Sue donate an easement that restricts the even if They make a gift to charity this g+ear of an easement future use of Diamond Farm to agricultural and/or ranching valued at$1,000,000,their tax deduction for the year of the uses, they will significantly reduce the value of Diamond gift is limited by the tax rules to$60,000(30%of their Farm. $200,000 income). The "unused" portion of t`fleir gift ($940,000)remains available to be"carried forward" and n20 Preserving Family Lends Gift of a Conservation Basement 21 Nixon. Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE XEYCORP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORB IZZ07 GARDEN CITY, NEW YORK I1530-4838 POST GFFICE .OX IOs1 15101 a27-aG50 (516) 832-7500 ROCHESTER, NEW YORK 14603 (JIB) 263-1000 I600 MAIN PLACE TOWER FAX:(516) 832-7538 BUFFALO,NEW YORN 1PRO2 SUITE JOO 0161 853-8100 ONE THOMAS CIRCLE WASHINGTON,O.C.a0005 437,MADISON AVENUE MOW 457-5300 NEW vaaX.NEW YORX Ioo22 WRITER'S DIRECT DIAL NUMBER: (2121 940-3000 15181 832-7540 R7 December 19, 1995 P7 ,a ` 2 � 4995 FA,- VIA TELECOPIER l T c"~ ' �F•�U Laury L. Dowd, Esq. " r Town Attorney Town of Southold Town Hall Main Road Southold, New York 11971 RE: Robins Island Dear Ms. Dowd: This letter is in response to your inquiry concerning our position that the Southold Zoning Board of Appeals should utilize the standards applicable to a request for an area variance in reviewing the proposal to construct and renovate certain buildings containing habitable structures on Robins Island. As you know, Mr. Bacon's Proposed Plan and variance applications for Robins Island currently pending before the Board of Appeals envisions, among other things, the construction and renovation of several buildings containing habitable structures. As you also know, Robins Island is situated in the R-400 District, which permits minimum lots of ten acres, with II[o]ne-family detached dwellings, not to exceed one (1) dwelling on each lot.II Since the entire 435 acre island currently is comprised of only one lot, the presence of structures containing habitable quarters in addition to the principal building' may not be in As you heard at the ZBA public hearing, it is our desire to have the Board designate the new vacation home (D.4.1) as the principal building on the lot and have all the other buildings and structures including those containing habitable quarters to be construed as accessory buildings.. GC01:33447 35521/3 Nixon. Hargrave. Devans & Doyle L1.P Laury L. Dowd, Esq. December 19, 1995 Page 2 conformity with the Town's zoning code and therefore may require a variance. We maintain that such a request is one for an area variance, thus triggering the less stringent standard of practical difficulties as opposed to the unnecessary hardship standard required for a use variance. We submit that the buildings at issue (Lane Lodge (B.1), Mackay Cottage (B.2), Dormitory quarters in the Agricultural Compound (C.4), Caretaker Cottage (C.7) and Garage with Staff Quarters (D.4)) are only accessory buildings containing habitable structures and, thus, they represent uses which are permitted in the R-400 District. Accordingly, our application is one for area variances, as opposed to use variances. This conclusion is bolstered by the determinations of the few courts which have reviewed factual scenarios which are analogous to the present situation on Robins Island. For instance, in Hoffman v. Harris 17 N.Y.2d 138, 269N.Y.S.2d 119 (1966), the New York Court of Appeals reviewed an application for a variance involving a lot, slightly larger than two acres, located in the Village of Brookville. This lot contained, among other structures, a main dwelling, and two secondary residences. The applicable zoning provision required that residences be located on separate two-acre lots. The petitioners in Hoffman sought an area variance to permit them to maintain one of the secondary residences, the "gatehouse", as a rental unit, notwithstanding the fact that it was not located on an independent lot of sufficient acreage. The Court of Appeals confirmed that "the variance sought here is an area variance rather than a use variance." 17 N.Y.2d at 144, 269 N.Y.S.2d at 123. The Court reasoned that "the gatehouse is a principal family residence and petitioners seek to vary from the requirement that all such residences need be on separate two-acre lots." Id. Thus, the Court of Appeals determined that since the gatehouse was to be utilized as a residence, a use clearly permitted in the district, a use variance was not required. Since the petitioners sought a change in the requisite lot requirement, as opposed to permission to engage in a non-conforming use, the Court determined that an area variance was appropriate. Similar considerations exist on Robins Island, where the subject accessory buildings containing habitable quarters involve residential uses which are permissible in the R-400 District. See, Schwartz v. Chave, 53 Misc. 2d 1007, 281 N.Y.S.2d 133 (Sup. Ct. Nassau Cry. 1967) (reversing zoning board decision and applying area variance criteria to application to maintain a professional office, a permitted residential use, noting that "[the Board's] decision nowhere explains how it comes to pass that residential use requires a use variance in a residential district"); and Gruen v. Simpson, 153 N.Y.S.2d 287 (Sup. Ct. Nassau Cry. 1956), aff d 3 A.D.2d 841, 161 N.Y.S.2d 843 (2d Dep't 1957) (holding that an application for an area variance was appropriate where petitioner sought to use as a residence a cottage, located with the main dwelling on a single GC01:33447 35521/3 Nixon, Hargrave, Devans & Doyle ur Laury L. Dowd, Esq. December 19, 1995 Page 3 lot, although the lot was smaller than the minimum area required by the zoning ordinance)). See also, Clune v. Walker, 10 Misc. 2d 858, 170 N.Y.S.2d 604 (Sup. Ct. Suffolk Cty. 1958), affd 7 A.D.2d 651, 181 N.Y.S.2d 186 (2d Dep't 1958) where the Court granted petitioner's request for an area variance to occupy a carriage house on a single lot in the Village of East Hampton in addition to the principal residence, noting that the building over the years was occupied independently as servant quarters or guest accommodations. As you know, some of the buildings.on Robins Island possess a similar history. In its discussion in Hoffman, the Court of Appeals noted [w]hen the variance is one of area only, there is no change in the character of the zoned district and the neighborhood considerations are not as strong as in a use variance." 17 N.Y.2d at 144, 269 N.Y.S.2d at 123. Similarly, since the proposed construction and renovation of these additional structures on Robins Island will involve only permitted residential uses, it will have no detrimental impact on the character of the R-400 District. Moreover, the conclusion that the presence of secondary residences will not disturb the district's character is bolstered by the unique geographical location of Robins Island, as well as the fact that the area of Robins Island is substantially larger than that required in the R-400 District. Since Mr. Bacon's Proposed Plan involves uses which are clearly permitted in the R-400 District, and therefore will not adversely effect the character of the R-400 District, it is our contention that resort to the standards applicable to a use variance would be inappropriate and that his requests are merely that for area variances requiring less stringent standards. Thank you for your consideration of this matter. If you require any additional information or would like to discuss this matter further, please do not hesitate to contact me. Very truly yours, Kevin S. Law KSL:cm GCOL33447 35521/3 +FEB-23-96 FRI 10:01 P 10 HEIGHT AND SIZE OF EXISTING. AND PROPOSED STRICT 7.gj; FOR ROBINS ISLAND PROP A _Rj.M:h EXISTING HEIGHT,/ PROP099D 'PROPOSED TISNGTH NO. OF STRUCTURE" HEIGHT FLOOR ARM AND WIDTH STORIES (A.2) Boat House (new) 29' . 5'° 7, 000' 7OX96 1 1/2 (B. 1) Lane Lodge (existing) 25' -1, 300' 50x78 2 1/2 (5. 1. 1) Lane Garage (new) is, 2, 100' 25x34 1 1/2 (13.1 .2) Lane Mechanical 18, 2., 100' 25X34 1 1/2 Seroir:ee Bldg. (new) (B.2) Mackay Cottage (existing) 18, 5, 900' 66X100 2 (B. 2 . 1) Mackay Garage (new) 18, 2, 100' 25x34 1 1/2 (B. 3) Ice House (existing) 21, 252' 16x16 1 i21.4) Windmill (new) 60' *** N/A N/A N/A (B. 5) .Duck Inn (To be demolished) N/A N/A (C. 1) Recreation Bldg. (new) 45' 28, 000' 80x175 2 (C. 3) Sporting Clay Masts (7) (new) 70' ** N/A N/A N/A (C.4) Agricultural/maintenance 35'' 311, 10001 190x300 2 Compoixod (new) (C.4 . 1) Workshop (existing) 17' 3, 620' 18x160 2 (C.4 . 2) Brooder Coop Complex (To be demolished) N/A N/A (CG5) Gamekeeper/Equestrian 28' . 6T'/ 10, 400' 29x53 2 Barn (existing) ✓ 35' (C. 5 . 1) Horse Run-in and Paddock 12' 650' 20x32 1 (existing) (C. 6) Dog Kennels (new) 16` 850, 2Ox42 1 (C.7) Caretaker Cottage (new) 25' 2, 500' 24x48 2 (C. 8) windmill (new) 75' 1,250' N/A N/A (C. 9) Fire Prc:ection Cistern N/A N/A N/A N/A (existing) (D. 1) Vacation Home (new) 45' 15, 500, 90x120 2 1/2 (D. 3) Pool Cabana (new) 161 850' 15XSG 1 (D.4) Garage wl staff Qtrs. (new) 25' 2,250' 25X50 2 (E.1) Gazebo Sites (31 16' 625' 25x25 1 * Height is calculated from average grade to mean height between eaves and ridge. ** .Letters and numbers refer to the identification& on the "Proposed Plan, Zoning variance Application" Schematic Diagram prepared by James A. Thompson, Architect 5 100-230 (D) of the Town Code provides exemptions from height restrictions for the . windmills ' (B.4 and C.8) and the sporting clay masts (G 3) . Note: Unless otherwise revised, original proposed height of structures as previously submitted are still requestedby the. applicant. GC0134001 35521/3 FEB-24-96 FRI 10:00 P. 09 ROBIN PROPOSED-MAN *KEY FEATURES CO-ORDINATE LOCATION AREA Al. Pier, Docks and landing Craft Slip 150' South West of 277,500 x 2,423,500 A2. Boat House- 40' North West of 277,000 x 2,423,500 AREA-44D�11- B1. Lane Lodge 190' West of 276,500 x 2,424,000 B1,1 Garage_ 150' South West of 276,500 x 2,424,000 B1.2 Mechanical Services Building 250' South. West of 276,500 x 2,424,000 B2. Mackay Cottage 165' North East of 276,500 x 2,424,000 B2.1 Garage_ 100' North East of 276,500 x 2,424,000 B3. Ice House 150' North East of 276,500 x 2,424,000 B4, Windmill (Water Pump) 120' South East of 276,500 x 2,424,000 AREA "C": Cl . Recreation Building 325' North West of 275,500 x 2,424,000 C2. Tennis Court 475' North West of 275,500 x 2,424,000 C3. Sporting Clay Pits 200' South East of 275,500 x 2,425,000 C4. Agriculture/Maintenance Compound 220' North of 275,500 x 2,424,500 C4.1 Workshop- 100' North East of 275,500 x 2,424,500 C5. Gamekeeper/F.questrian Barry 225' South East of 275,500 x 2,424,000 C5.1 Horse Run-in and Paddock. 350' South .Fast of 275,500 x 2,424,000 C6. Dog Kennels — 250' South West of 275,500 x 2,424,500 C7. Caretaker Cottage 215' South West of 275,500 x 2,424,500 C8. Windmill/'felecommunicalions/Water Sterare 240' South East of 275,500 x 2,424,500 C9 Fire Protection Cistern 185' South West of 275,500 x 2,424,500 C10.Helipad_- _ 75' South of 275,500 x 2,424,500 AREA-MI. Dl. Family Vacation House 95' North of 272,000 x 2,425,000 D2. Swimming Pool — 325' North West of 272,000 x 2,425,000 D3. Pool Cabana --.—.-- 430' North West of 272,000 x 2,425,000 D4. Garage w/ staff Quarters —_— 22:` South West of 272,500 x 2,425,000 AREAGazebo 305' North East of 277,000 x 2,425,000 Gazebo . 275' South East of 272,000 x 2,425,000 Gazebo — 135' South West of 271,000 x 2,427,000 * NEW YORK.STATE PLANE CO-ORDINATE GE0MEI1tY.NORTHING AND FASTING AS SURVEYED BY JOHN I RAYNck4 Licvsm SuRvEyoR No. 49318 .� M-23-96 FRI 10:00 . P. 09 R O B I N..S_.IS..I AILD *KEY FEATURES CO-ORDINATE LOCATION. AREA "A"� Al. Pier, Docks and landing Craft Slip 150' South West of 277,500 x 2,423,500 A2. Boat House 40' North West of 277,000 x 2,423,500 ARE&"Br, Bl. Lane Lodge 190' West of 276,500 x 2,424,000 BLI Garage_ 150' South West of 276,500 x 2,424,000 BI.2 Mechanical Services Building 250' South West of 276,500 x 2,424,000 B2. Mackay Cottage 165' North East of 276,500 x 2,424,000 B2.1 Garage_ 100' North East of 276,500 x 2,424,000 B3. Ice House 150' North East of 276,500 x 2,424,000 B4, Windmill (Water Pump) 120' South East of 276,500 x 2,424,000 AREA "C". Cl . Recreation Building 325' North West of 275,500 x 2,424,000 C2. Tennis Court 4757 North West of.275,500 x 2,424,000 C3. Sporting Clay Pits 200' South East of 275,500 x 2,425,000 C4. Agriculture/Maintenance Compound 220' North of 275,500 x 2,424,500 C4.1 Workshop 100' North East of 275,500 x 2,424,500 C5. Gamekeeper/Equestdan Barn 225' South East of 275,500 x 2,424,000 C5.1 Horse Run-in and Paddock. 350' South East of 275,500 x 2,424,000 C6. Dog Kennels 250' South West of 275,500 x 2,424,500 C7. Caretaker Cottage 215' South West of 275,500 x 2,424,500 C8. Windmilli relecommunications/Water Storage 240' South East of 275,500 x 2,424,500 C9 Fire Protection Cistern 185' South West of 275,500 x 2,424,500 ClO.Helipad— — 75' South of 275,500 x 2,424,500 ARE «D". Dl. Family Vacation House 95' North of 272,000 x 2,425,000 D2. Swimming pool — 325' North West of 272,000 x 2,425,000 D3. Pool Cabana 430' North West of 272,000 x 2,425,000 D4. Garage w/ staff Quarters 225' South West of 272,500 x 2,425,000 AREA :. Gazebo 305' North East of 277,000 x 2,425,000 Gazebo 275' South East of 272,000 x 2,425,000 Gazebo _ 135' South West of 271,000 x 2,427,000 New YORK STATE PLANE CO-ORDINATE GEOMEIRY NORTwNa AND FASTING AS SURVEYED BY JOT-IN J. RAYNOR, LICENSED SURVEYOR No. 49319 M FEB-23-96 FRI 10:01 P. 10 HEIGHT AND SIZE OF EXISTING AND PROPOSED STRUCTURES FOR ROBINS ISLAND PIPO�OSBD PLAN+ EXISTING HEIGHT/ PROPOSED PROPOSED TANGTH NO. OP STRUCTURE** HEIGHT FLOOR AREA AND WIDTH STORIES (A.2) Boat House (new) 29, . 6" 7, 000' 70x96 1 1/2 (B. 1) Lane Lodge (existing) 25' 11, 300' 5Ox78 2 1/2 (E. 1.1) Lane Garage (new) 18, 2, 100' 25x34 1 1/2 (B. 1.2) Lane Mechanical 18, 2, 100' 25x34 1 1/2 services Bldg. (new) (B.2) Mackay Cottage (existing) 18, 5, 900' 66X100 2 (B.2 . 1) Mackay Garage (new) 18, 2, 100' 25x34 1 1/2 (13.3) Ice House (existing) 21' 252' 16x16 1 (13 .4) windmill (new) 60' *** N/A N/A N/A (B.5) Duck Inn (To be demolished) N/A N/A (C. 1) Recreation Bldg. (new) 45, 28, 000' 80x175 2 (C. 3) Sporting Clay Masts(7) (new) 70' *** N/A N/A N/A (C.4) Agricultural/Maintenance 35' 35, 000' 19OX300 2 Compound (new) (C.4 . 1) workshop (existing) 17' 3, 620' 18x160 2 (C.4 . 2) Brooder Coop Complex (To be demolished) N/A N/A (C_ 5) Gamekeeper/Equestrian 281 All/ 10, 400' 29x53 2 Barn (existing) 35' (C. 5 . 1) Horse Run-In and Paddock 12' 650, 20x32 1 (existing) (C.6) Dog Kennels (new) 16, 850, 7.Ox42 1 (C.7) Caretaker Cottage (new) 25' 2, 500' 24x48 2 (C.8) windmill (new) 75' *** 1, 250' N/A N/A (C. 9) Fire Protection Cistern N/A N/A N/A N/A (existing) (D.1) vacation Home (new) 45' 15, 500' 9OX120 2 1/2 (D. 3) Pool Cabana (new) 16, 850, 15X56 1 (D.4) Garage w/ staff 4trs. (new) 25' 2, 250' 25X50 2 . (E. 1) Gazebo Sites (3) 16, 625' 25x25 1 * height is calculated from average grade to mean height between eaves and ridge. ++ Letters and numbers refer to the identification& on the "Proposed Plan, zoning variance Application" Schematic Diagram prepared by James A. Thompson, Architect (11/6/95) . ++* S 100-230(D) of the Town Code provides exemptions from height restrictions for the windmills (B.4 and C.8) and the sporting clay masts (C.3) . Note: Unless otherwise revised, original proposed height of structures as previously submitted are still requested by the applicant. GC01:34001 3552113 • LAND l • MARKS RANDALL PARSONS A.I.C.P.&ASSOCIATES Lanc�see a �C,oynsfvajiRr},enning Gerard P. Goehringer, Chairman Board of Appeals Town Hall 53095 Main Road Southold, NY 11971 RE: Louis M. Bacon; Variances - Robins Island/Proposed Plan; SEQRA Review, EAF Part III Dear Mr. Goehringer: Attached please find ten copies of "Attachment B," Part III of the Full Environmental Assessment Form which is submitted in response to your December 21, 1995 letter to Kevin Law, Esq. requesting additional information in connection with the above referenced application. If I can provide you with any additional information, please do not hesitate to contact my office. You may also contact Kevin Law, Esq. (516-832-7540), Mr. Bacon's attorney for this matter, or James Thompson, Mr. Bacon's Architect (203-625-5303). Thank you. Sincerely, fmd G-all Parsons, A C.P.. Enc cc: Charles Voorhis Kevin Law, Esq. James Thompson ONE MAIN STREET • P.O. BOX 2337 • EAST HAMPI ON,NEW YORK 11937 • (516)324-8716 • FAX: (516)329-7462 02/01/1996 23:21 5163297* LAND MARKS • PAGE 01 ND LA l MARKS LV RANDALL PARSONS A.LC.P.do ASSOCIATES LaMFebruConservation ry 2,,1996 Linda Kowalsid Zoning Board of Appeals Southold Town Hall 53093 Main Road Southold,NY 11911 RE: Louis AC Bacon; Variances -Robins Island/Proposed Plan; SEQRA Review,EAF Part III Dear Linda: I was glad to hear that you received the twenty copies of Attachment B this morning despite the snowfall. Please accept the attached Page 26, D. as an addendum to the Full EAF, Part III, Attachment B, regarding issues raised by Mr. Joseph Fenton regarding hunting by helicopter and sight-seeing tours by helicopter at the hearing on this matter before the Zoning Board of Appeals on January 10, 1996. I also wanted to confirm that the height of the boat-house has been reduced from 35 feet to 29 feet 6 inches. The schedule attached to Kevin Law 's letter dated February 1 showing the revised height at 28 feet contains a typographical error. The body of his letter includes the correct revised height. If I can provide you with any additional information, please do not hesitate to contact me. ely, ldall Parso Enc. cc: Charles Voorhis Kevin Law James Thompson ONE MAIN STREET • P.O.SOX 2337• EAST HAMPTON,NEW YORK 11937• (516)324-8716 •FAX(516)329-7W low • O��c,OFfO(,� co • APPEALS BOARD MEMBERS tiZ` e- o <4 Southold Town Hall Gerard P. Goehringer, Chairman „ ,at53095 Main Road Serge Doyen, Jr. �y P.O. Box 1179 James Dinizio,Jr. '�Oj �a0 Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 31, 1996 Kevin S. Law, Esq. Nixon Hargrave Devans and Doyle LLP 990 Stewart Avenue Garden City, NY 11530 Re: Variances — Robins Island Project Dear w: As you may recall, this project is at this time still "open and pending" under the N.Y.S. Environmental Quality Review Act procedures. Also, please let us know when the applicant's environmental consultant expects to submit the reply information under SEQRA, which will then permit us to coordinate with other agencies for comments. At this point, it appears that it may not be until the March 6, 1996 meeting that a SEQRA determination would be timely, assuming that the applicant's reply information is received before February 2, 1996. Please let us know of developments. Thank you. Very truly yours, inda Kowalski Enclosure cc: Voorhis & Associates, Inc. (with enclosure) �\C� _ APPEALS BOARD MEMBERS � �r Southold'Town Hall Gerard P. Goehringer, Chairman % 53095 Main Road Serge Doyen,Jr. " P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A. Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD w (D MEMORANDUM TO: Laury Dowd, Town Attorney FROM: ZBA Office(XL-,�,o DATE: January 31, 1996 SUBJECT: Draft Conditions for Consideration (Robins Island) As an update since submission of the first set of conditions requested of you by the Chairman, our office has prepared other conditions which may be of concern, as each relates to the nature of the relief sought and the project as a whole. (Copies are also being furnished to Board Members for "preliminary" consideration. Basically, the conditions were taken from other ZBA files in general. I have included your conditions in the attached four-page draft.) If you have any comments on this draft, please let us know. (Copy of draft conditions also to: ZBA Members Kevin Law, Esq. ) t Attached is a draft of conditions (which are presently being considered by Board Members) . This is only a draft prepared through our office without participation by the board directly. Many of the conditions have been taken from other ZBA files, generally, without specifically applying to any one case, with some slight modification to reflect this project. Conditions re-drafted by office 1-31-96 for consideration : SETBACKS and BUFFERS. A. That the setbacks of these accessory structures shall be not closer than feet to the westerly property line, feet to the southerly property line, and approximately feet to the easterly front property line; and B. That all of the natural wooded, or heavy brush areas to the and to the of the proposed buildings and structures shall remain, except as proposed for roads, emergency access, existing paths, and others areas which are established. C. That the natural buffer zone areas which exist along the coastal areas and existing pond and wetland areas shall remain as shown on the maps submitted with this application. D. That the proposed ft. by ft. accessory garage building be located at a setback no closer than feet to the front property line at its closest point. (May need to list more accessory buildings to show proposed location setbacks from a "designated marker" - perhaps at the top of a bank or bluff line designated by a surveyor. ) E. That the subject accessory building be located at a setback no y` closer than feet to the property at its closest point. p �� HEIGHT, EXPANSION AND/OR USE: � 1 e F. That future enlargement or expansion of the buildings by more 0 than % will require further application and consideration by the Board of Appeals. 0�&W � G. That evergreens or similar screening by natural vegetation, at a height of more than feet (such as trees or bushes) shall be planted to screen the height of the following structures to the best possible advantage: 'Page 2 of 55 • Re-draft of Conditions i) ii) H. That all fencing for the tennis court shall not exceed a total height at 10 feet above natural grade, as proposed; and there shall be no lighting for after-dark tennis court use as regulated by subsection 4-b of Section 100-31 of the Zoning Code; and I. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. J. The principal building (Family Vacation Home) is permitted to be constructed at a mean height of # feet. The percentage of relief requested in relation to the requirement for a principal building is # o. Vacation Family Building - limited to # in height. The percentage of relief requested in relation to the requirement as a new principal building is # K. The use of the accessory buildings is allowed as guest quarters or staff quarters, as an extension of the principal use and not to be rented or treated as a separate dwelling use. L. All accessory buildings which exceed the 18 ft. height limitation shall be granted variances to the following extent: Caretaker Cottage - limited to # in height. The percentage of relief requested in relation to the requirement for an accessory building is # o. Lane House - limited to # in height. The percentage of relief requested in relation to the requirement for an accessory building is # (List in Findings of Fact: description of all buildings and structures and their respective floor area sizes and mean heights, etc.) LIGHTING AND OTHER: M. That this approval is subject to the owner obtaining written approvals from the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before commencing construction activities. N. That lighting, if any, must be shielded to the ground and not be adverse to neighboring areas. Page 3 of 5 • Re-draft of Conditions O. That plumbing in the accessory buildings, if proposed at some point in time, be permitted with the understanding that it is limited to use at the exterior of the building (such as an outdoor shower or hose) . P. That electricity is permitted in all buildings. OTHER CONDITIONS: Q. That written ap ication shall be made to the Southold Town Board of Appeals for an change, modification, alteration, withdrawal or 9, 1 r type of new considerations, and the Board of Appeals shall reserve the U, bRd right to require a new public hearing and may take whatever action it deems necessary in considering-the effects on the natural environment, ecology and visual aesthetics, protection of wildlife, all issues related to health-safety-fire-emergencies, and other considerations which are related to the general welfare of the residents of the town and th subject property 5eb v o A . ux a 6,�S� -k,� aF -r —Jo vv�.:.anc ) + 4 6- v�oA- U� R. That these variances are conditioned upon the owner and/or operator's obtaining written approvals from the Southold Town Planning Board, the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; S. That approval is required by the Southold Town Planning Board if the property is proposed for a subdivision or other type of development other than as submitted and considered in the present application. Such changes will be limited to the laws and regulations in effect at the time of those future applications and town actions. T. This action shall expire within # years of the date of the filing of this determination, except when a properly issued building permit of the Town of Southold is in effect and construction activities commenced prior to the last day of said expiration date ( ** Note: The following conditions were prepared per Town Attorney and Chairman a day or so following our 1/10/96 RI meeting for 7BA• U. (TA#1) . The new family residence shall be the principal residential building and may not be leased or rented separated from any of the accessory buildings. V. (TA#2) . The new garage shall be an accessory building. W. (TA #3) . In light of the unique access problems of the island and isolated nature of access, the Lane House a/k/a Lane Lodge) may be used as guest quarters for up to 12 non-paying guests of the owner of the principal residence. These quarters shall only be used # months a year, as agreed to by the applicant. Page 4 of 5 • • Re-draft of Conditions X. (TA #4) . The new caretaker cottage shall be an accessory building. In light of the size and isolated nature of the island, the owner of the principal (Vacation Family Building) residence u,464 AAO b have an employee on-site to conduct 24-hour monitoring of the island. That employee and his/her immediate family may reside yearround in the caretaker cottage for purposes of monitoring the island. (Note: When a building permit is obtained and the Family Vacation Home is constructed, the Family Vacation Building shall become the principal building, as a single-family use. Also, see #5 below) Y. (TA#5) . The existing MacKay Cottage shall be an accessory building (once a certificate of occupancy is issued for the construction and principal use of a new Vacation Family building) , Ii1 light of the isolated nature of the island, it may be used as overnight accommodations for up to six shooting staff or non-paying guests of the owner of the principal residence. The Mackay quarters may only be used # months a year, and is granted a height variance as an accessory structure at the height of # feet, which exists today. Z. (TA#6) . The Farm Quadrangle shall be an accessory building. In addition to housing the equipment needed to maintain the island, it may be used for overnight stays of up to four employees of the owner of the principal residence. These quarters may only be used between the months of May and October each year. AA. (TA#7) . The Recreation Building is an accessory building and is granted a height variance to allow it to have a mean height of 45 feet with the understanding that nearby trees will mask the height from off-island observers. The owner of the principal residence agrees to refrain from cutting any trees within a 100 ft. radius of the recreation building in order to maintain a visual buffer. This shall not preclude the owner from normal maintenance of the trees. BB. (TA#8) . . . .additional height restrictions? S CC. (TA#9. The owner agrees to allow the Zoning Board of Appeals6R't4-S to inspect the Island and within buildings and structures to ensure �,rA ecompliance with the covenants and conditions established by the VX Board of Appeals. i ��� q 5 �Y DD. (TA#10-a) . The Zoning Board of Appeals approvals are conditioned upon compliance with the above conditions and with ° a v written covenants, approved by the town, which shall incorporate thee( d� Board's above-noted conditions to be recorded with the Office of then Suffolk County Clerk. A conformed copy of said covenants shall be } ' filed with the Office of the Zoning Board. Page G of 5 • • Re-draft of Conditions EE. (TA#10-b) . Should applicant fail to comply with these conditions, and/or covenants, the variances granted by the Zoning Board shall cease and be of no further effect. All the accessory buildings will become primary structures and will require additional approvals from the Town of Southold before they can be occupied. Fiction\Robins\Cond.Rearranged 1.31 o��g0FF0(,�-co APPEALS BOARD MEMBERS coo Southold Southold Town Hall Gerard P. Goehringer, Chairman „� 53095 Main Road Serge Doyen,Jr. P.O. Box 1179 James Dinizio,Jr. y'�Ol �0�� Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A. Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 31, 1996 Kevin S. Law, Esq. Nixon Hargrave Devans and Doyle LLP 990 Stewart Avenue Garden City, NY 11530 Re: Variances - Robins Island Project / L Dear w: As you may recall, this project is at this time still "open and pending" under the N.Y.S. Environmental Quality Review Act procedures. Also, please let us know when the applicant's environmental consultant expects to submit the reply information under SEQRA, which will then permit us to coordinate with other agencies for comments. At this point, it appears that it may not be until the March 6, 1996 meeting that a SEQRA determination would be timely, assuming that the applicant's reply information is received before February 2, 1996. Please let us know of developments. Thank you. Very truly yours, t�Kowalski Enclosure cc: Voorhis & Associates, Inc. (with enclosure) �I�a ��� dam' • • I ��ia �" SUFFo�K APPEALS BOARD MEMBERS o�� OGy� Southold Town Hall Gerard P. Goehringer, Chairman `" v- nxi 53095 Main Road Serge Doyen, Jr. y • P.O.O� Box 1179 James Dinizio, Jr. '�Ol �0 Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A. Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 2, 1996 To: ZBA Chairman and Members From: ZBA Office Subject: Update Robins Island - Criteria to be Used in determining SEQRA magnitude of possible impacts (if any) Attached is a list of items which must be used to determine significance or non-significance of a project for Type I or Unlisted Actions: 1 . When received in January, to review the response received from the applicant's consultant and attorney's communications (in response to the info requested from the Town's env. consultant Chic Voorhis) , and other supporting documentation. ZBA office referred response from applicant's consultant to Town consultant, C. Voorhis. 2. Consider criteria listed on the attached pages 16 and 17 from the SEQRA law as amended September 20, 1995 (ref. 617.7c-1 ,2,3) . 3. A determination of significance or non-significance must be made within 20 calendar days of its receipt of reply information and must immediately prepare, file and publish the determination in accordance with Section 617.12 of SEQRA. (Ref. Section 617.6.b.3.ii, p. 14) . 4. Written notice of that determination should be sent to the involved agencies (ref. 617.6.b.3.iii at p. 14). ZBA:lk x&17.- (iii) NO*of re-establishment of lead agencAst be given by the new. lead agency to the project sponsor within 10 days of its establishment. 617.7 DETERMINING SIGNIFICANCE. (a) The lead agency must determine the significance of any Type I or Unlisted action in writing in accordance with this section. (1) To require an EIS for a proposed action, the lead agency must determine that the action may include the potential for at least one significant adverse environmental impact. (2) To determine that an EIS will not be required for, an action, the lead agency must determine either that there will be no adverse environmental impacts or that the identified adverse environmental impacts will not be significant. (b) For all Type I and Unlisted actions the lead agency making a determination of significance must: (1) consider the action as defined in subdivisions 617.2(b) and 617.3(g) of this Part; (2) review the EAF, the criteria contained in subdivision (c) of this section and any other supporting information to identify the relevant areas of environmental concern: (3) thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment: and (4) set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. (c) Criteria for determining significance. (1) To determine whether a proposed Type I or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environment: (il a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems; (ii) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources; SECR R gw.u.. 16 S.etemer 20. 1995 6i7. 7 (iii) the 11 airment of the environmental chlocteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g) of this Part: (iv) the creation of a material conflict with a community's current plans or goals as officially approved or adopted; (v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; NO a major change in the use of either the quantity or type of energy; NO the creation of a hazard to human health; (viii) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses; (ix) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action; (x) the creation of a material demand for other actions that would result in one of the above consequences; (xi) changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impaci an the environment; or (xii) two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in this subdivision. (2) For the purpose of determining whether an action may cause one of the consequences listed in paragraph (1) of this subdivision, the lead agency must consider reasonably related long-term, short-term, direct, indirect and cumulative impacts,including other simultaneous or subsequent actions which are: W included in any long-range plan of which the action under consideration is a part; (ii) likely to be undertaken as a result thereof; or (iii) dependent thereon. (3) The significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with: M its setting (e.g., urban or rural); SE4R Rgwmery 17 S.otr 20. ISSS a?v FEATURES A A.mane An.+e wen t Pin.OP. and La dhl C,vY.Sip 14 � (en sro.n) A.R 6oet Heuee 5. Nwma ledw L N~ 6.t tone ledge a.Lt Onaae 1£j 2.:1 aand' SL2 U..kw r raw t ast ceAw 93 b NPW A.2 1 ♦ 6.4 win (Warn Pump) S- ,-,' 22 NOi6: 1 ; t.WE DESCN OF WE a ARY SYSTEM WAS COMPLETED MY JOHN J. "WOOL P.E k l P.G 2 WE� S�E C¢OHP.� WE POTABLE SYSTEM WAS COMPLETED 6!LBC QtGNEIItMc FROU SURVEY=A SUPPLIED Of —_— b _ S.MELD WO SURVEYOR COMPLETED 49318E PREPARED OECEYEER t2 19aiN FliOYYNOR 2 ' MELD WORK COYPLnTED OLTDBER ti. 19%. / t ctcNO --- ` -- - Q 'TTISANOLA iOP't=ARTICL MANNAOE PREsNWATER PONDS (NEW) I30 OF THE 4EW YORE STATE muaUUm EDUCATION LAW FOR ANY ,\ WATER w PERSON TO ALTER THIS TU .EWELL - ElrnNc D^MCUMENTiN Y•A^•{,'AYVJTH. -- .P WATER YlEL- PROPOSED OUT TH' EEDD_9VERM l!'niTTEN TEST HOLE ANFI i0u'.37AT'_Li Ee.SED _ — _-----_ SUDS puE swmARY SYSTEM LAND SURVPOROF EHGl,%E�Z INA.CCOHO U untfi POWER AND couuumunma 72W2). ARTICLLET30. "t _ —_— UNCERCROUtm POTAOLE WATER SUPRT YORKSTATE EDUCATION LAW" t B.3 • LEACTm+c POOL �. _ ' PZ ��lYYO � - �� SEPiTt TANIt �y1• `eFn B• •1 0 CREASE TRAP 0 Too - p '9'..y,`e: :� / _ SCALE 1N t•z7 ROBINS ISLAND Y =, SOUTHOLD, NEW YORK \ O SANITARY AND POTABLE SYSTEMS LAYOUT O DASD I RE1736D PRfiPARED BY ! LBG IiT1 G SER97Cdt j P.C. \ Pmlemoed Af aAmenMel dad ark m®aem I26 bUIL TuPik- D6611 7rumbrll. CT 06611 J \ (203) 452-3110 f DATP: 11 M95 I RGORG 1 Ik� • � V • "ITIS AVIOLATION OF AR-RCLE _ C.d THE R PORK STATE EDI IA LAW LAW FOR ANY PERSON THIS DOCUASENTO ANY WAYVIT:H- +\ 10 OIfT 7HE E(PRESS VVF-'-bl VERIFICn-110:DHAD07M. NDY AN EW YGFIN STATE LkCEYS'GD LAN,D \ 4.1 I INACO OF.DANOEW THSECUON C 7209M, ARPCL'c '13D. NEW 1 - / YORKTATEEcDUCATIONLAW I f cOF NELy r i 7f� 00 - 37gr I 5 • t � E 8 opt� C.9 e o O 100 _ e N — I t 7? SCALE K aaam L F. Gmbr ® w E FR6 TER PONDS (NEW) • LFNS•TG POOL ROBINS ISLAND �,N SEPAL TANK L1 RvarvmYnn 9N(w BUILDING o GREASE TRAP SOUTHOLD, NEW YORK CS Tmn'N faun (rot o(not .E WATER WF31— E%ISDN6 v Spse�q CIVY YmY(rot°nn+n)Conn., .P WATER ML- PROPoSED NOF SANITARY AND POTABLE SYSTEMS LAYOUT C{Agrieu0urv/Ymntmmnem p Lh.l Wm1vMP j Y TES NOLE 1. THE DESIGN OF THE SANrIART' SYSTY WA3 COMPLETED V DATE FXIWED PREPARED BY: C- Gmme er/E9uvatrim a. -- ��RF 1 .5.,� JOHN J. "MR. P.E. k 3. P.L I jgG IDVGII�lEERINC SEIMCES, P.0 L6 Dm9 Kannab ------ L '.NE DESIGN OF TNc PC..: SYSIEN WAS COMPLY^ BY L9C ENWNEERINC L: Condo. Call., umD=OUNC YaW MD COYMONIC'ION3 same S. PAL �O^Y6 M��OVD�S loan!Tttr cm Zmgmo� GB WinNnll/TvlacammuNraOona/IrtigmYmn Tlabr Stara, ——— VNOmGPOMNO PoTABL WAiv12 SUPPL TOPOGRAPHY 1 TOGRAPNY OERNE FROM $YRV'Y DATE SUPPJm 9Y JDNN J. RAYNOR. 7r=bwL CT 08611 C9 F an r° Pratvv0 ank. YCENSEO SURVEYOR NO. 49313. PREPARED DWC m 1L 199{ m0Y (203) 952-31I0 FlELO WORK COMPL.u. DCTOBm 14. 199A. DA7£ 12 11 91 I FIGURE: 2 e `,1 D. FPmdy nno P. 0.1 F..*VPPPRPn Hm P OS PPP 50 t I rmPPP DA Qm . .Rn SteW Ouvr1WP �1 sN I� 1.THE DESIGN OF THE IRR1'SYSFW W!S COYPLrFD HY JOHN 4. RaYNOR P_ A,Y L.5- P.G 2 THE DEMON OF THE POTABLE M wa WAS COWLEM WY l6G Ewcv Oi NG SEWECE6. PA 3.TOPOGR 6 DERNED FROM SURVEY OATH SUPPLIED W JOHN 4. RAYNOR LICENSED SURVEYOR NO. 4931E. PREPARED DECEMBER 12 1991 FROM FLEID WORK WMPLErM OCI M 14. 1PW. lEDERD' 46//2 MRNMAM FRESHWATER PONOE (NEW) A,,4 .E wATER WELL - EnSTNc wA WELL - PRDPDEED '1TISAVIOLATIONOFARIICLE 42 �P 1300E THE NEW YORK MATE / j'S - ' TEST Hatt: EDUCATION LAW FOR ANY RSO1 o --- SUBSURFACE SAWIARY SYSIEM DOCUM TI ALTER THIS uNDERgau D PowER vm couuuwcA aNs OUT THE EXPRESS W-MEN �� — uNDERGRODrm POTABLE WATER suvvLr VE IFICATIWORADOPTGU W ANEWYCRKS ATE LICENSED S �g • EAW GC POOL LAND SURVEYOROR ENCINEER \ ) .A -5 �, INACCOROANCEWrTHS-CTION N 7 r� �� SEM TANK 720M), ARTICLE 130, NEW 36 0 GREASE TMP YORK STATE EDUCATION LAW IW- p , ' 0 100 SCALE ROBINS ISLAND 4, SOUTHOLD, NEW YORK l SANITARY AND POTABLE SYSTEMS LAYOUT DATE t REYL4ED PREPARED BY - �� LBC ENrLq=G cm c3 S S P.C. IDsfrvnavaw and paeus 1 / I 126 Monroe T=Pike i}vmbuA CT 066I1 (203) 452-3IID i , DA?E: ?'17/BI FTGLFE: 3 o�osuFFoc�- APPEALS BOARD MEMBERS ooGy Southold Town Hall Gerard P. Goehringer, Chairman ,�. ,� 53095 Main Road Serge Doyen,Jr. P.O. Box 1179 James Dinizio,Jr. '�Oj # .�0� Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 11, 1996 TO: Suffolk County Department of Health Services Wastewater and Sewer Management County Center Riverhead, NY 11901 NYS Department of Environmental Conservation Attn: Kevin Kispert, Env. Analyst Bldg. 40 - SUNY Stony Brook, NY 11790-2356 Southold Town Board of Trustees Town Hall 53095 Main Road Southold, NY 11971 RE: Appi. No. 4354 - Robins Island (Louis Moore Bacon) 1000-134-3-5 Town of Southold off New Suffolk Gentlemen: Supplementing previous transmittals to your agency under the variance requests (and SEQRA), please find enclosed a copy of the Findings of Fact and Determination rendered by the Board of Appeals at- its March 6, 1996 Regular Meeting. The applicant is aware that he must make separate application to all other agencies for permits or other reviews which may be applicable in each 'phase' of the project, or for each activity. Thank you for your reviews. Very truly yours, Linda Kowalski Enclosure ��gUFFO(�-c APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer,Chairman ,,. ,z 53095 Main Road Serge Doyen, Jr. y �� P.O. Box 1179 James Dinizio,Jr. '�Oj �0� Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 11, 1996 Mr. Gerald G. Newman, Chief Planner Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Re: Appl. No. 4354 - Robins Island (Louis Moore Bacon) Dear Mr. Newman: Supplementing the previous transmittal of our file in the above project, please find enclosed a copy of the Findings of Fact and Determination rendered by the Board of Appeals at its March 6, 1996 Regular Meeting. Thank you for all your efforts in this review. Very truly yours, Linda Kowalski Enclosure APPS BOARD MEMBERS wSouthold Town Hall Gerard P. Goehringer, Chairman ze53095 Main Road Serge Doyen,Jr. • P.O. Box 1179 James Dinizio, Jr. ��Ol �0�� Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 8, 1996 Kevin S. Law, Esq. Nixon Hargrave Devans & Doyle, LLP 990 Stewart Avenue Garden City, NY 11530 Re: . Appl. No. 4354 - Variances (Bacon/Robins Island) Dear Please find enclosed a copy of the Findings of Fact and Determination rendered by the Board of Appeals at our March 6, 1996 Regular Meeting (at which Mr. Thompson and you were present). The original was this morning filed with the "Proposed Plan" in the Town Clerk's Office. - Copies were also furnished to the Building Department, Town Board, Town Attorney, Town Trustees, and individual ZBA members for their permanent recordkeeping. Once the Declaration of Covenants has been prepared by your office, please furnish a copy to the Town Attorney and a copy to our office for review prior to recording. As you will recall, no building permits will be issued under these variance requests until such time as the Declaration of Covenants has been recorded with the County Clerk (within the next 60 days), and once other appropriate approvals have been issued (for each construction project). All of us extends to you our sincere appreciation for your courtesy and full cooperation given while substantial requests were made by our office during this process. It has been a pleasure. Very truly yours, Enclosure Copies of Decision also to: Building Department Supervisor and Town Board Town Attorney Town Clerk. All Other Town Permit Departments Suffolk County Department of Planning Courtesy Copies of Board's 3/6/96 decision also mailed to: Suffolk County Department of Planning Southold Town Board Southold Town Attorney Southold Town Trustees Southold Town Clerk Town Building Department Charles Voorhis and Associates, Inc. (Town's environ. cons.) Joseph Fenton, Esq. (FYU) Mrs. Joan Robins (FYU) Robert D. Pike, Esq. (FYU) Mr. E. Davies Allan 0 APPEALS BOARD MEMBERS O 191ny y �4 Southold Town Hall Gerard P. Goehringer, Chairman ,,. ,� 53095 Main Road Serge Doyen,Jr. �y • �� P.O. Box 1179 James Dinizio,Jr. 'h01 �a0 Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 11, 1996 Kevin S. Law, Esq. Nixon Hargrave Devans & Doyle, LLP 990 Stewart Avenue Garden City, NY 11530-4838 Re: Appl. No. 4354 - Louis Moore Bacon (Robins Island) Dear M WL : You are correct, and the second "Dinizio" should have been "Tortora." (There were many office interruptions the next morning while I was trying to finalize all pages. It also helps when someone else proofreads.) Also, at page 4, second line, after the word "respective," the word "front" should be inserted. The above corrections have been reflected on the original determination on file with the Town Clerk's Office and re-copied for the appropriate agencies. Thanks for bringing this to our attention. Enclosed is a duplicate of the corrected original on file with the Town Clerk's Office for your record. Very truly yours, Linda Kowalski Enclosure Also transmitted by fax 832-7555 Page 10 of 10 - Mar*, 1996 . Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Esq, Nixon, Hargrave, Devans, & Doyle, L.L.P. , 990 Stewart Avenue, Garden. City, New York 11530. n. The Zoning Board of Appeals approvals are conditioned upon compliance with the above conditions and with written covenants prepared by applicant's attorney in proper form for recording. The written covenants shall incorporate the Board's above-noted conditions, with wording as approved by the town attorney for the Board of Appeals, and shall be recorded by the applicant with the Office of the Suffolk County Clerk within sixty- (60) days of the date of this variance, or before issuance of a building permit under this variance. A conformed copy of said covenants shall be filed with the Office of the Zoning Board. o. In the event the owner, or his representative(s) , fails to comply with any of these conditions and/or covenants, and fails to remedy the noncompliance cited by the Board of Appeals, Building Inspector, or other authorized enforcement officer or agency, pursuant to Article XXVIII, Section 100-280-b (Enforcement Provision) of the Zoning Code, for that building or structure, the approval for the particular activity, building or structure under this determination cited for noncompliance shall cease and be of no further effect. This condition shall not preclude the owner from converting the subject building or structure which is the nature of a zoning violation or noncompliance, to that which is permitted as authorized by the Building Inspector to conform with Chapter 100-Zoning of the Southold Town Code. p. Any and all of the above conditions may be removed, withdrawn, modified, changed, or otherwise altered subject to further action by the Board of Appeals, and nothing shall be construed herein to prevent the applicant (owner) to make further application for the same. VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, Tortora , and Goehringer. This resolution was unanimously adopted. lk_ _ /GERA CHEY MAN 11•"• A 7,T J B THE - .v.:S l Town C ......• ••••.. ......••• ^•^^^•••.... MEMORY STORAGE REPORT ........................(MAR 11 '96 01:21PM) .^^••n•••• • SOUIWD TOWN HALL 516 765 1823 ...................................... .... ... .......... .,......... ... .. .. . . ... (AUTO) ............... FILE FILE TYPE OPTION TEL NO. PAGE 009 MEMORY TX 9327555 02 ....................................................................................................................................................................................................................... REMAINING CALL CAPACITY 21 ...................................................................................................................................................................................................................... o�g{►FFO,(�-c APPEALS BOARD MEMBERS ca Southold Town Hall Gerard P. Goebringer, Chairman �, „z, 53095 Main Road Serge Doyen,Jr. py `� P.O. Box 1179 James Dialzio,Jr. �O( �0� Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.TOrlora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 11, 1996 Kevin S. Law, Esq. Nixon IIargrave Devans & Doyle, LLP 990 Stewart Avenue Garden City, NY 11530-4838 Re- Appl. No. 4354 - Lonis Moore Bacon (Robins Island) Dear : You are correct, and the second "Dinizio" should have been MAR-11-96 MON 10:10 P. 01 IN xon, Hargrave, Devans & Doyle LLP )tXV*9I.EGE AND CONFIDENTIALITY NOnCE Attorneys&Counselors at Law The information in this fax is intended for the named 990 Stewart Avenue recipients only. It may contain privileged and confidential Garden 990New York Avenue 4838 matter. If you have received this fax in error, please notify City, N w York us immediately by a collect telephone call to(516)832-7500 and return the original to the sender by mail. We will Fax: (Sl6) 832-7555- reimburse you for pcstage. Do not disclose the contents to anyone. Thank you. FAX To: _F_a_x #: Telephone #: 1) Linda Kowalski 765-1823 — 3) INTERNATIONAL PHONE NUMBERS MUST INCLUDE COUNTRY a cIYVCODc. SEE LOCAL,WHITE PAGES FOR CODES NEEDED: No of Pages: 2 From: Kevin S. Law Date; March i7. 1996 . Client/Metter: 35521/3 (including cover sheet) Comments: Linda, thanks for sending me a copy of the Boards determination. I wanted to bring to your attention the fact that on the very last page you list Mr. Dinizio as votint 2X and ther is no mention of Ms, Tortora's vote. If this needs to be corrected please send me a copy Otherwise it appeared to be fine. Have a nice week. Thanks. Kevin IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CONTACT THE FAX OPERATOR AS SOON AS POSSIBLE AT: (516)832-7500. THANK YOU. CONFIRMATION: DATE SENT TIME -, BY-,.. _—_,_ INTEROFFICE TO: ❑Washington ❑New York ❑ Buffalo„ ❑Albany O Garden City —d Rochester To: —.. Fax #: Telephone #: 1) `Linda Kowalski - 765-1823 2) 51 ` NTEANATIONAL FHONE NOM S MUST INCLUDE EOVNTA'r 6 GRv CAGE. fiat WO WHITE PARES FOR COOPS NEEDED.. From: Kevin S. Law Date: March 11, 1996 N°' of Pages:^2 '— Client/Matter; 35521/3 _Iineluding.cover chest) USER #: 11304 FXT: 7540 ,M _ DISBURSEMENT AMOUNT_ S JJJ MAR-11-96 MON 10: 10 P. 02 MAR 08 '96 02!51PM SOLD TOWN HALL 516 765 1623 • P.12 Page 10 of 10 - Marcli 6, 1606 Appl. No. 4354 - Louie M. Bacon (Robins Island) Southold Town Board of Appeals Esq, Nixon, Hargrave, Devana, & Doyle, L.L.P., 990 Stewart Avenue, Garden City, New York 11530. n. The Zoalug Board of Appeals approvals are conditioned upon compliance with the above conditions and with written covenants prepared by appiicant'a attorney in proper form for recording. The written covenants shall incorporate the Doerd's above-noted conditions, with wording as approved by the town attorney for the Board of Appeals, and shall be recorded by the applicant with the Office of the Suffolk County Clerk within sixty (60) days of the date of this variance, or before issuance of a building permit under this variance. A conformed copy of said covenants shall be filed with the Office of the Zoning Board o_ In the event the owner, or his representative(a), fails to comply with any of these conditions and/or covenants, and fails to remedy the noncompliance cited by the Board of Appeals, Building Inspector, or other authorized enforcement officer or agency, pursuant to Article XXVIII, Section 100-260-b (Enforcement provision) of the Zoning Code, for that building or structura, the approval for the particular activity, building or structure under this determination cited for noncompliance shall cease and be of no further effect. This condition shell not preclude the owner from converting the subject building or structure which is the nature of a Zoning violation or noncompliance, to that which is permitted as authorized by the BuiWing Inspccto,. to conform with Chapter 100-Zoning of the Southbid Town Code. p. Any and all of the above conditions r.1ay be removed, withdre..vn, modified, changed, or otherwise altered subjsat to further action by the Board ce Appeals, and nothing ,loll be construed hex$in to prevent the applicant (owner) to make further app'aration for the same. VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, Dinizio and Goehringer. This resolution was unanimolzsly adopted. v * s • IX ,.GERA 1) P. GOE9R G C i. i AN17. Fi11D BY C'LUX MAR - BOA �� i Town cl-=Z .0-.vu a :: .. APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman q U14 Wt R X� 53095 Main Road Serge Doyen, Jr. �,� r P.O. Box 1179 James Dinizio,Jr. Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A. Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FAX TRANSMISSION February 22, 1996 l a :3 oP.m. To: Kevin S. Law, Esq. Fax #832-7555 (Tel. #832-7500 ) From: Linda Comments: Attached is the final version of our SEQRA declaration. Jerry is still talking about a general discussion at a Special Meeting, however, I'm not sure if that will accomplish much since on a "work session" level the session is so informal and we're usually short one or two members. Since Jerry is planning to take action on code committee suggestions in other areas, I will be preparing all items on the agenda, etc. (I will be coordinating more info, hopefully before the weekend, for member perusal and for suggestions for changes at the March 6th meeting anyway. ) r, • ��gOFFO��-C APPEALS BOARD MEMBERSGG.y y �4 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio,Jr. 'h01 �a0 Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE Subject: Variance Application - Louis Moore Bacon (Robins Island) Location of Property: Robins Island off New Suffolk, Town of Southold, County of Suffolk, State of New York. Zone District: R-400 Residential * s z Attached is a Negative Declaration under SEQRA as per Resolution adopted at a Regular Meeting of the Board of Appeals held on February 7, 1996. Based upon reviews and evaluations of information furnished in this record, and after considering the criteria listed under Sections 617.6, 617.7, and 617.11, and comparison of impacts which may have been reasonably expected to result from the proposed action, the Baird has declared that the implementation of the action as proposed in this project will not result in any significant adverse environmental impacts. The attached Declaration has been prepared in accordance with Sections 617.6, 617.7, 617.11, and 617.12, and was adopted pursuant to a Resolution of the Board of Appeals, as Lead Agency, at its Regular Meeting held February 7, 1996. Accordingly, the attached Notice is hereby coordinated and filed for publication in accordance with Sections 617.6, 617.7 and 617.12 of the New York State Environmental Quality Review Act. For further information please contact the Office of the Board of Appeals, Attn: Linda Kowalski, or Gerard P. Goehringer, Board Chairman, 53095 Main Road, Southold, New York 11971, tel. 516- 765-1809. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2/7/96 Gerard P. Goehringer, Chairman • o��gUFfO(,�-C APPEALS BOARD MEMBERS o < Southold Town Hall Gerard P. Goehringer, Chairman ,. lily 53095 Main Road Serge Doyen, Jr. y `� P.O. Box 1179 James Dinizio, Jr. Oj �0� Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A. Tortora Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTIfOLD TYPE I ACTION NEGATIVE DECLARATION Determination of Non-Significance Date of this Action: February 7, 1996 LEAD AGENCY: Southold Town Board of Appeals ADDRESS: Town Hall, 53095 Main Road Southold, NY 11971-1179 This Notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) , of the Environmental Conservation Law, and pursuant to Chapter 44 of the Code of the Town of Southold. The Board of Appeals, as lead agency, has determined that the proposed action described below will not have significant adverse impacts on the environment and a Draft Environmental Impact Statement will not be prepared. PROJECT DESCRIPTION: Application No. 4354 filed for proposed height variances and other variances related to occupancy of subordinate buildings on Robins Island which contains 435+- acres, situate near the waters of North Race, Peconic Bay, off New Suffolk, in the Town of Southold, County of Suffolk, New York. County Tax Map ID No. 1000-134-3-5, more particularly described in the Robins Island Proposed Plan Schematic Diagram and other related documents submitted for consideration under the subject application. SEAR TYPE: Type I - Property is within a Critical Environmental Area. REASONS FOR DETERMINATION: 1 . Initial Coordination. A coordinated' review commenced November 16, 1995 with all involved agencies and furnishing copies of the full Long Environmental Assessment Form, the application, maps, and related docu- 'Sec. 617.6a(6) Page 2 of 5 SEQRA Determination Robins Island Project February 7, 1996 mentation. No objections were submitted by any involved agency. Written agency responses indicated that other permit procedures have not as yet been completed (NYS Department: of Environmental Conservation) , and the Southold Town Trustees confirmed its completed reviews under the Chapter 32 (Docks) and Chapter 97 (Wetlands) , and conditional permits in effect. a) By resolution of December 6, 1995, the designation of the Southold Town Board of Appeals as the agreed-upon Lead Agency was confirmed with an effective date of December 15, 1995. b) The Robins Island Proposed Plan, as set forth in the project Description of Attachment "A" with the applicant's full environmental assessment form, was reviewed in its entirety, although only certain areas of applications were required to be filed under the jurisdiction of the Board of Appeals, and that not all the applications that the applicant may eventually be required to submit to other involved agencies have yet been submitted. c) If viewed independently, most of the activities contained in the Proposed Plan were Type II Activities, not requiring further SEQRA review, as they largely involve maintenance and repairs of existing structures, the replacement of facilities, construction of a single-family home and the construction of agricultural buildings and accessory structures. However the applicant and the Lead Agency found it proper to view the Proposed Plan in its entirety so that it could be understood and evaluated. 2. Type of Project. This project was confirmed by Board of Appeals' Resolution adopted December 6, 1995 as a Type I Action (CEA) , with an effective date of December 15, 1995. 3. Review of Long EAF Part I and Attachment A. The Long EAF Part I and Attachment A submitted by the applicant have been fully reviewed and evaluated. 4. Preparation of Long EAF Part II. The LEAF Part II checklist has been completed. 5. Field Inspection. An inspection of Robins Island and elements of the Proposed Plan was attended by members of the Board of Appeals, Town Board, Planning Board and Senior Planner, and Town Attorney. 6. Request for Additional Information. A list of additional comments and relevant areas of concern, in response to questions submitted through the Board Chairman, regarding the project and variance application, was provided. 7. Review of Applicant's Responses and Additional Information. The applicant's additional information and responses to the additional questions and comments were reviewed for adequacy, and evaluated by the Board. Reviews of all information continued until February 7, 1996. Page 3 of 5 • SEQRA Determination Robins Island Project February 7, 1996 3. Full Record. After review and analysis of all documentation in the Board of Appeals' record, including but not limited to general testimony and reports from consultants, received at the December 6, 1995 hearing, January 10, 1996 hearing, and February 7, 1996 hearing, the record was found to be complete. After careful consideration and reasoned elaboration, it was determined that the Proposed Plan will not result in any significant adverse impacts on the environment. 9. Other. This project is not located in an Agricultural District' as provided under Section 305 of Article 25-AA of the Agriculture and Markets Law, subdivision (4) . 10. Additional Findings. Additionally, all. the criteria contained in Sections 617.7c and 617.11 has been evaluated and analyzed by the Lead Agency (Board), and the Board hereby determines the following: a) The proposed forest and wetlands management will have numerous benefits including: limitation of access to forest management areas, limitation of access to coastal areas, restoration of south pond and adjacent areas, removal of invasive forest species, re-establishment of forest understory, and establishment of grassed areas using grass seeds harvested from other parts of the island. b) The proposed plan will effectively protect and maintain the ecological resources and aquifer recharge zone, ensuring high quality potable water supply for the island's inhabitants. c) The proposed development of ponds (approximately three acres, more or less) on the northern portion of the island will have positive benefits including: fire protection, habitat creation, drinking water for wildlife and aesthetics. d) Top soil and subsoil associates( with proposed excavation activities are to be reclaimed for landscaping and roadbeds. e) Clearing of existing vegetation (other than that related to forest and wetlands management) will be limited to approximately five acres of the 435 acre island. f) Proposed impervious surfaces will be limited to approximately two acres of the island. g) Requested occupancy and height variances will not result in an adverse impact in terms of environmental and planning considerations, parti- cularly in view of the low overall intensity of use of the island as a whole. 'Sec. 617.6b(ii) Page 4 of 5 • SEQRA Determination Robins Island Project February 7, 1996 h) Visual changes from perspectives along the north and south forks and Peconic Bay are limited to the proposed boathouse and Family Vacation Home buildings, which are not expected to be significant due to the low intensity of use, setbacks, consistency with traditional residential and maritime use of the island, architectural design, existing natural contours above mean sea level, natural forest areas and proposed new tree planting areas. i) Applicant will be conforming to appropriate standards under the Suffolk County Sanitary Code with respect to potable water supply, sanitary disposal and storage of hazardous materials. j) Proposed erosion and stormwater control measures have been shown to be adequate. k) Sufficient setbacks have been provided between the top of the bluff and the proposed buildings, to ensure longevity and provide adequate slope maintenance. 1) Building permit plans will be submitted for specified uses, and further review for conformance with the above performance standards and those described in the Full EAF Attachments A and B can occur at that time. m) The ZBA and/or other Town, County and State agencies have the ability to review other actions pertaining to Robins Island not currently proposed but which may be contemplated in the future. This application addresses the comprehensive planning of the use of Robins Island in a non-segmented comprehensive approach to aid in the protection of the island's unique environmental resources and surrounding waterfront areas. n) The proposed accessory helipad also provides emergency access to the property. o) In considering and evaluating the proposed electric and other utility elements, no additional information was found to be necessary as proposed for the residential and agricultural uses of the land under this Plan. p) There will be no substantial adverse change in existing air quality, ground or surface water quality or quantity, and traffic or noise levels with the implementation of the Plan as proposed; q) There will be no substantial increase in solid waste production or in the potential for erosion, flooding, leaching or drainage problems under this Plan. r) The Plan avoids impacts to significant habitat areas, to threatened or endangered species of animals or plants, and to the natural and cultural resources of the property. Page 5 of 5 SEQRA Deormination Robins Island Project February 7, 1996 s) The plan does not remove or destroy large quantities of vegetation and in fact leaves more than 90% of the property largely in a natural state. t) The Plan is consistent with the Town's goals of protecting large quantities of open space as set forth in the Southold Town Code and the Southold Town Master Plan. u) The Plan does not threaten the health, safety, or welfare of the local community nor does it adversely impact the neighborhood character. v) The proposed uses envisioned in the Plan are consistent with the history and use of the property as a private, non-commercial shooting preserve with a residential, agricultural and forestry component and thus the Plan does not present a substantial change in the use, or intensity of use, of the property. DETERMINATION Based on the above information and analysis, the following support- ing documentation, including but not limited to the Long Environmental Assessment Form (LEAF) , Attachment 'A' to the LEAF dated November 1, 1995, Attachment 'B' to the LEAF dated February 2, 1996, comments received from the public and the other involved agencies, and the responses of the applicant's agents and consultants, the site inspection held on December 2, 1995, Town hearings, the Board of Appeals concludes that the proposed Plan will not result in significant adverse environmental impacts. For Further Information, Contact the following Agency: SOUTIIOLD TOWN BOARD OF APPEALS Gerard P. Goehringer, Chairman Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Phone No. : (516) 765-1809 Copies nf this Notice Sent to: Local Regional Office - NYS Department of Environmental Conservation Environmental Notice Bulletin, BEP, Clifton Park, NY 12065-5013 Suffolk County Department of Health Services, Riverhead, NY Office Suffolk County Department of Planning, Hauppauge, NY 11788-0099 Southold Town Trustees, Southold Town Hall Southold Town Hall Bulletin Board - Main Lobby (for Posting) Applicant - c/o Kevin S. Law, as Attorney, Garden City, NY 11530 Original Filed with Office of the Southold Town Board of Appeals Southold Town Supervisor, Town Board Members, and Town Clerk Info Update for Southold Town Planning Board and Office, Town Hall COUNTY OF SUFFOLK RoBERTJ. GAFFNEY aIJIEECOUNTY EXECUTNE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING D v L5 DIRECTOR OF PLANNING . ) February 7, 1996 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Annlicant�s) Municipal File Number(s) Louis Moore Bacon(Robins Island) 4354 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G.Newman Chief Planner GGN:pk A:\SD4354.WPD 220 RABRO DRIVE • P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 • (516) 853-5190 • FAX (516) 8534044 Yebruary 7, 1996 Gerard P . Goehringer, Chairman RE: Application of Southold Town Board of Appeals Louis Moore Bacon Southold Town Ball Robins Island 53095 Main Road Southold, New York 11971 Dear Chairman Goehringer and Members of the Board of Appeals : My husband and I have been residents of New Suffolk for 41 years , and we care about Robins Island -- we care a lot. We will be happy to see most of the island preserved, or rather, conserved, by the people who know how to do it, the Nature Conservancy . We have no objection to the Town allowing Mr. Bacon, the millionaire owner, to build his castle and we would begratified to see him allowed to complete the Lane house! Everything Mr. Bacon has had done in the hamlet of New Suffolk has been visibly of the highest quality of materiel and workmanship . The process of rehabilitating the island has caused and will continue to cause, some inconvenience in New Suffolk, but it 's not a patch on the inconveniences we would suffer if the island were fully developed. Mr. Bacon has demon- strated not only a willingness, but a desire, to accommodate our concerns , and we believe we shall be able to work out any problems in the future . After all, the island is part of New Suffolk . The end effect on our tax base remains to be seen, but we believe it is more likely to be positive than negative . dr. Bacon's plans do not remove the entirety from the tax base and his buildings as planned will certainly generate taxes without accruing the large service costs that full development would inevitably bring. The island historically has pretty much taken care of its own. We remember watching, decades ago, Bob Pugsley, who rani the island boat for a great many years , 'walk the caretaker's young child from the boat slip up Third Street and across the ballfield to the school. The island is no stranger to hunting, legal or otherwise . Its identity as a private game preserve is part of its history - wby should we now object? We in our hamlet and in the Town should consider ourselves fortunate to have , at long last, the opportunity to have responsible management of the island for future generations while retaining some private ownership, equally responsible . Please bear the future in mind as you rule on Mr. Bacon's application. Since sly , Joan and Newton Robbins 16995 Main Street New Suffolk . ENB Environmental Notice Bulletin - Official publication of New York State Department of Environmental Conservation Issue No. 24 June 14, 199$ _ Jee t4l ineide Lci cover Ar,a copy o1a mvimctArin Ar j'&V nolice6 to Oe P'JI 1wd in t/w ENIR t F ry The ENB is produced weekly by r ° �i tr }ia"7 Business Environment Publications for E,. , ' r= + j'NAE 3Urz New York State ZY, Department of Environmental Conservation r k Environmental Notice Bulletin(UM 371-670) Postmaster: Send address changes to BEP, Six Sevilla Dr., Clifton Park, NY 12065-5031 Second class fa Pi I JUG 1 9 1995 N Postage � PAID Albany, New York Moving? t Please send entire mailing label from this issue with your changes to us at the above address or call (518) 383-1471. ENB P lication of SEQR Noticease check afl that appbr ❑ Negative Declaration -Type 1 ❑ Draft EIS with Public Hearing ❑ Conditioned Negative Declartion _Generic !Supplemental ❑ Draft Negative Declaration ❑ Final EIS ❑ Positive Declaration _Generic with Public Scoping Session _Supplemental Region Contact Person: County: Address: Phone: Lead Agency: Project Title: Project Location: (include street address/municipality) Brief Project Description: The action involves... For Draft Negative Declaration/Draft EIS: Public Comment Period: For Public Hearing/Scoping Session: Date: / / Time: Location Scoping Session: Final date for written comments: Location(s) where Draft Scope is available for review: For Conditioned Negative Declaration: (Please summarize)The conditions involve. L " d a. ° '•` 7L© k.��r a. a � 1 st� ( i �lo ��nn �tdty bf,byJ14,ty i1 aute APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman � 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-OFFICE MEMO TO: ZBA Chairman and Members /if ,/ FROM: ZBA Office ( b DATE: February 2, 1996 RE: Robins Island Project This will confirm that today we received a report (response under SEQRA) in the above project from the applicant's consulting firm, Landmarks (Randall Parsons) . Chic Voorhis is also in receipt of same as of today. Attached for you are the following: Cover letter dated February 1, 1996 from Landmarks Suppl. letter dated February 2, 1996 from Landmarks Letter received February 2, 1996 from Kevin Law, Esq. with attached chart Supplemental letter from Kevin Law (# of bldg. stories, etc. ) . Note: Kevin Law has indicated that he will request a "grid location" from the Architect for our office use when describing the location of the buildings. (Usually setbacks are used but in this project setbacks would be difficult to verify - not having a specific ground marker, starting point. ) The grid map with chart locating each building should be available in the next two weeks. Also, sketches of the buildings will be available to review at our Feb. 7, 1996 meeting from the applicant's Architect. (If you have no objection, I would like to request that we retain the sketches for a period of time while the application is pending - even if they are oversized or large.) Mr. Fenton's letter dated February 1, 1996 is also attached (and forwarded to the applicant's attorney) . Many of the concerns raised by Mr. Fenton at the January 10, 1996 hearing is addressed in the SEQRA documentation. I have contacted Mr. Fenton today by telephone to advise him of the recent documentation added to the file, for his update and review if he wanted to stop by before Feb. 7th. You will note that the height of the building has been reduced for the Lane Garage, Lane Mechanical Building, Mackay Garage, and Boathouse (please see chart with Kevin Law's letter stamped 2/2/96) . Page 2- Inter-Office Nllmo • ZBA Re: Robins Island Update Due to the time of this submission by the applicant's, I have removed from our 2/7 agenda the proposed resolution for a SEQR.A declaration to allow time for review by Board Members, and further input to be received at the hearing on 2/7/96 and detailed sketches for buildings under consideration. If you have any questions or need information after reviewing the attached, please let me know and I will contact the applicant's agents. Attachments Robins.9 Fig- 2A6 FRI 11:56 NIXON HARGRAVE FAX NO. 5168327337 P, 02 yl N :n, Hargrave, De-mus yv & Doyle LLY ONc NCVCeRD PLAZA Attoxn6y6 dnd.COt(.gS6).086 at Law ' ALB4NT, NEW TOAA 1220, eso STEWAAT AVENUE (s1a1 a2T.266o 0ARDEN.CITY, NEW YORK 11530-403E) - CLINTON GOVA., (316 'POST OREIC4 00.IOEI 1 63732,75 vOU. IEOp MAIN PLACE TOWEq E9TEA.HEW YOVK yBe3 9OFF FAX:f5161 O32�p636 (TIB ALO,NEW YO4k 1e202 ) 269-1000 0161 653-0100 aulTe Toe ad)MAO.." AV ENO E. ONE TMOMAB I.Q.,, NCw YORE,NE.YOAk 1002E WASNINOTON,O.G.200o6 (g12) eae-300o �+' � 4 12041 asp-E,A00 W211TW6DIRECTMALNUM62A: (916)83b)640 February 2, 1996 VIA TEUCOPIER CVI' MAIL Ms- Linda Kowalski Zoning Board of Appeals Southold Tows Hall 53095 Main Road P.O. &ox 1179 Southold, New York 1197E RE: Robi.*.�s....2slan.q Dear Linda As per your request, enclosed please find` a chart summarizing the Height and Size of Existing and Proposed Structures for the Robins Island-Proposed Plan. Proposed are he inform you that Mr. island architect, James A. Thompson, has been able A significantly reduce the proposed height of than to Boathouse (A.2) from 35 feet down to 29 .6 feet , He has also been able to bring the proposed height of the Lane Garage (g• j.• 1) Lane Mechanical Services Building (B, 1 . 2) and the Mackay Garage (o n C from ei feet down to 18 feet, making them conform to the Town Codes height restriction on accessory buildings and thus eliminating the need to-obtain a variance for those buildings. Accordingly, the only height Boathousees that appear to be re Building (A.2) , the Recreational a Qua the Family Vacation Home (D. 1) and the Garage with staff Quarters (D.4) . However, the Board still must indicate how it is going to proceed with the subordinate buildings containing habitable quarters . ` If the Board simply grants area variances for those structures; it would appear that they could be constructed to 35 .feet and thus additional height varianceswould not be req uired. - GC91:36728 F1 B- 2'96 FRI- 11 :57 NIXON•HARGRAVE FAX NO. 5168327337 P. 03 Nixon, Hargrave. Devans & Doyle ue Me- Linda Kowalski February 2, 1.996 page 2 If, however, the -Board construes those buildings to be accessory buildings and allows those buildings to contain habitable quarters, the Board should advise whether additional height variances will be required for those structures, i.e. , Lane Lodge (B- 1) and the Caretaker's Cottag= (C, 7) Maintenance sC the oBoard is already aware, the Agricultural (C.5) are considered (C.4) and the Gamekeeper Equestrian Barn to be constructed u to buildings and thus are entitled re q d.wire P to 35 feet and thus no variances are In addition, the windmills (13-4 and C.8) and the Sporting Clay Masts (C-3) are exempted from height restrictions contained in, § 100-230 (d) of the Town Code and thus height variances are not required for these structures, as well. T hope this information is helpful to the Board. we look forward to discussing these issues at the February 7th hearing. In addition, we expect to hand ,deliver our response to Charles Voorhis and the Board of Appeals on Friday, February 2, 1996 and look forward to the Board making a SEQRA determixiation on the Proposed Plan at the March hearing. Lastly, r look forward to discussing the proposed/draft conditions that my client will entertain accepting with you prior to the February hearing comments with thee Board. so you can share our concerns and Board. As always, thank you for all your assistance in this matter. . z look, forward to seeing you on the 7th. Sincerely, Kevin S. Law z` KSL-cm Enc. GC01:34728 FEB- 2296 FRI 11 :57 NIXON HARGRAVE FAX NO, 5168327337 ( �}•IGHT AND .SY 8X tSU NG_AND PROPOSE STI2WCT�xoa FVR —S _IIgI,kv PR0 03EI1, PLAN* ORIGINAL REVISED STRUCTURE** EXISTING PROPOSED PROPOSED 4910-s. ._ HEIG PROPOSED T -� HEIG ITT — FLOOR_ as of 2/7/96 (A.2) Boat House (new) _ (B.1) Lane Lodge (existing) 29 35' 29. 6, 7, 000, (B.1 . 1) Lane Garage (new) .. -' 11, 300, (B.1. 2) Lane Mechanical 20' 18' -_ 20' 18 2,100' Services 81dg. (new) 2,100' (B.2) Mackay Cottage (existing) 18.• .. (B.2 .1) Mackay Garage (new) -- -- 5, 900' (B.3) Ice House (existing) 21• 20' 18' 2, 100, (B.4) Windmill (new) -- 252' (C. 1) Recreation Bld __ 60'51orie '- N/A (C.3) Sporting clay Masts(7) (new) - 70' ore stark 28, 000, (C.4) Agricultural/Maintenance 3S, *** - N/A compound (new) -- 35, 000' (C.4 .1) Workshop (existing) 17' _ (C.5) Gamekeeper/8questrian 27 6n Barn (existing) 35 0' - 1 3,, 62 620' Horse Run-In and Paddock 12' (existing) -- 650, (C. 6) Dog Kennels (new) _ (C.7) Caretaker. Gotta a 16 650' (C. 8) Windmill 75' 2, 500,g ,(new) 25' __ (new) *** (C. 9) Fire Protection Cistern N/A 1, 250' (existing) -- N/A (D.1) Vacation Home (new) _ (D.3) Pool cabana (new) 16'' -- 15, S00' (D.4) Garage w/ staff Qtrs. (new) - 165' -- 850, (E.1) Gazebo Sites (3) - 2, 250' - ' - 625' Height is Calculated culated from average grade to mean height between eaves and ridge. '* Letters and numbers refer to the identifications on the "Proposed Plan. zoning variance Application" :Schematic Diagram prepared by James. A. Thompson, Architect (3,116195) . *' * 5100-230 (D) of the Town Code windmills (B.4 and C.e) and the exemptions from height restrictions for the h sporting clay masts (C.3) . Note: Unless still requestse ed by t original proposed height of structures a8 previously submitted are still. requested by the applicant. Gco1:.34001 • ��gUFFO(, • APPEALS BOARD MEMBERS h`tO 00 off° Southold Town Hall Ze Gerard P. Goehringer,Chairman W 53095 Main Road Serge Doyen, Jr. �A • �� P.O. Box 1179 James Dinizio, Jr. '�0( �,0� Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE February 13 , 1996 Subject: Variance Application - Louis Moore Bacon (Robins Island) Location of Property: Robins Island off New Suffolk, Town of Southold, County of Suffolk, State of New York. Zone District: R-400 Residential * Attached is a Negative Declaration under SEQRA as per Resolution adopted at a Regular Meeting of the Board of Appeals held on February 7, 1996. The Public Comment period is subject to the periods established in 6 NYCRR Part 617 and the New York State Environmental Quality Review Act (Statutory authority: Environmental Conservation Law Sections 3-0301 (1)(b), 3-0301(2)(m) and 8-0113). Based upon reviews and evaluations of information furnished in this record, and after considering the criteria listed under Section 617.7, and comparison of impacts which may have been reasonably expected to result from the proposed action, the Board has declared that the implementation of the action as proposed in this project will not result in any significant adverse environmental impacts. The attached Declaration has been prepared in accordance with Sections 617.7 and 617.12, and was adopted pursuant to a Resolution of the Board of Appeals, as Lead Agency, at its Regular Meeting held February 7, 1996. Accordingly, the attached Notice is hereby coordinated and filed for publication in accordance with Sections 617.7 and 617.12 of the New York State Environmental Quality Review Act. For further information please contact the Office of the Board of Appeals, Attn: Linda Kowalski, or Gerard P. Goehringer, Chairman of the Board, 53095 Main Road d, New York 11971 tel. 516-765-1809. Thank you. i Gerard P. Goehrin r, C rm ����� • ��gtlFFO(,�-c • APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman ,`",. 53095 Main Road Serge Doyen,Jr. �y �� P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TYPE I ACTION NEGATIVE DECLARATION Notice of Determination of Non-Significance Determination of Non-Significance Date of this Action: February 7, 1996 LEAD AGENCY: Southold Town Board of Appeals ADDRESS: Town Hall, 53095 Main Road Southold, NY 11971-1179 This Notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) , of the Environmental Conservation Law, and pursuant to Chapter 44 of the Code of the Town of Southold. PROJECT DESCRIPTION: Application No. 4354 filed for proposed height variance and variance related to occupancy of subordinate buildings on Robins Island which contains 435+- acres, situate near the waters of North Race, Peconic Bay, off New Suffolk, in the Town of Southold, County of Suffolk, New York. County Tax Map ID No. 1000-134-3-5. SEQR TYPE: Type I - Property is within a Critical Environmental Area. REASONS FOR DETERMINATION: 1. Initial Coordination. A coordinated' review commenced November 16, 1995 with all involved agencies and furnishing copies of the full Long Environmental Assessment Form, the application, maps, and related documentation. No objections were submitted by any involved agency. No written agency communications were received except to indicate that other permit approvals have not as yet been filed with the State Department of Environmental Conservation and County Health Department. The Town Trustees have confirmed that their requirements under the Chapter 32 (Docks) and Chapter 97 (Wetlands) have been finalized at this time, and ISec. 617.6a(6) • SEQRA termination Robins Island Project February 7, 1996 that favorable actions for permits and related activities were in effect at this time. ) 2. Type of Project. This project was confirmed by Board of Appeals' Resolution adopted December 6, 1995 as a Type I Action (CEA) . 3. Review of Long EAF Part I and Attachment A. The Long EAF Part I and Attachment A submitted by the applicant have been fully reviewed and evaluated. 4. Preparation of Long EAF Part II. The LEAF Part II checklist has been completed. 5. Field Inspection. The tour of Robins Island given by the applicant and his agents was attended. 6. Request for Additional Information. A list of additional comments, in response to questions submitted through the Board Chairman, regarding the project and variance application, was provided. 7. Review of Applicant's Responses and Additional Information. The applicant's additional information and responses to the additional questions and comments were reviewed for adequacy, and evaluated by the Board. Reviews of all information continued until February '7, 1996. 8. Full Record. After review of all documentation in the Board of Appeals' record, including general testimony and reports from experts, received at the December 6, 1995 hearing, January 10, 1996 hearing, and February 7, 1996 hearing, the record was found to be complete. It was further found that an EIS is not required'. 9. Other. This project is not located in an Agricultural District' as provided under Section 305 of Article 25-AA of the Agriculture and Markets Law, subdivision (4) . 10. Additional Findings. Additionally, all the criteria contained in Section 617.7c has been evaluated and analyzed by the Lead Agency (Board) and the Board hereby determines the following: a) The proposed forest and wetlands management will have numerous benefits including: limitation of access to forest management areas, limitation of access to coastal areas, restoration of south pond and adjacent areas, removal of invasive forest species, re-establishment of 'Sec. 617.6b(ii) , 617.12b '`Sec. 617.6b(ii) • SEQRA AePermination Robins Island Project February 7, 1996 forest understory, and establishment of grassed areas using grass seeds harvested from other parts of the island. b) The proposed plan will effectively protect and maintain the ecological resources and aquifer recharge zone, ensuring high quality potable water supply for the island's inhabitants. c) The proposed development of ponds (approximately three acres, more or less) on the northern portion of the island will have position benefits including: fire protection, habitat creation, drinking water for wildlife and aesthetics. d) Top soil and subsoil associated with proposed excavation activities are to be reclaimed for landscaping and roadbeds. e) Clearing of existing vegetation (other than that related to forest and wetlands management) will be limited to approximately five acres of the 435 acre island. f) Proposed impervious surfaces to be limited to approximately two acres of the island. g) Requested use and height variances will not result in an adverse impact in terms of environmental and planning considerations, particularly in view of the low overall intensity of use of the island as a whole. h) Visual changes from perspectives along the north and south forks and Peconic Bay are limited to the proposed boathouse and Family Vacation Home buildings, which are not expected to be significant due to the low intensity of use, setbacks, consistency with traditional residential and maritime use of the island, architectural design, existing natural contours above mean sea level, natural forest areas and and proposed new tree planting areas. i) Applicant will conform with appropriate standards under the Suffolk County Sanitary Code with respect to potable water supply, sanitary disposal and storage of hazardous materials. j) Proposed erosion and stormwater control measures have been shown to be adequate. k) Sufficient setbacks have been provided between the top of the bluff and the proposed buildings, to ensure longevity and provide adequate slope maintenance. 1) Building permit plans will be submitted for specified uses, and further review for conformance with the above performance standards and those described in the Full EAF Attachments A and B can occur at that time. m) The ZBA and/or other Town, County and State agencies have the ability to review other actions which may be contemplated in the future. SEQRA germination Robins Island Project February 7, 1996 The current application addresses the comprehensive planning of the use Robins Island in a non-segmented comprehensive approach to aid in the protection of the island's unique environmental resources and the surrounding waterfront areas. For Further Information, Contact Agency: Board of Appeals Gerard P. Goehringer, Chairman or Linda Kowalski Address: 53095 Main Road Southold, NY 11971 Phone No. : (516) 765-1809 Copies of this Notice Sent to: Commissioner - NYS Department of Environmental Conservation, Albany Local Regional Office - Department of Environmental Conservation uffolk County Department of Health Services, Riverhead, NY Office Suffolk County Department of Planning, Hauppauge, NY Southold Town Supervisor and Town Board Members Southold Town Trustees, Southold Town Hall, Southold, NY Southold Town Hall Bulletin Board in Main Lobby (for Posting) Application c/o Kevin S. Law, as Attorney, Garden City, NY Original Filed with Office of the Southold Town Board of Appeals FEfB — 7- 96 . WED 17e15 ,lL'� � c�.� V �.. . P02 1) S RoCHARLES V SOCIATES, INC. 1 ENVIRONMENT ND G CONSULTANTS m 5- February 7, 1996 Mr. Gerard P. Goebringer, Chairman Southold Board of Zotung Appeals Town Hall,53095 Main Road P.O. Box i179 Southold,NY 11971 6 Re: Robins Island Proposed Plan C`JA No. 95-56.108 Dear Mr. Goehringer: As per your request we have completed review of the above referenced project. Tasks and completed activities to date are identified as follows: 1. Review, of L_onggEAFPart I and Attachment A The Long EAF Part I has been reviewed and amended as necessary. The additional information provided by the applicant, included as Attachment A to the Long EAF has also been reviewed. 2. Preparation o�{{LongEAFPart 11 Thy Long EAF Part 11 Checklist has been completed r 3. Field Inspection The: tour of Robins Island given by representatives of the applicant was attended. 4. Request of ad for Additionallnformatian A s"l ditional comments and questions regarding the project was prc Aded to the Board of Zoning Appeals. S. Review lApplicant's Responses The appllicant's responses to the additional comments(Attachment B) and questions reviewed for adequacy. The completion of the above tasks and activities has revealed areas that the proposed project will not result in a significant adverse impact in terms of environmental and planning considera#ons. More specifically, it has been found that: ' The proposed forest and wetlands management will have numerous benefits including:limitation of access to forest management areas,limitation of access to coastal areas,restoration of south pond and adjacent areas,removal of invasive forest species,re-establishment of forest understory,and establishment of grassed areas using grass seeds harvested from other parts of the island. Ap cement between the applicant and 11e Nature Conservancy will effeedv ly protect and maintain the ecological resources of the,designated 113.5 ace"Forest Management Area". i + 71:za"Forest Management Area"2,so serves as a aquifer recharge zone,ensuring high qua ::y potable wkitar supply for the island's inhabitants. i I f 54 NORTr: COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 • (516) 331-1456 • FAX 331-8046 ' F E'B - 7 - 9 o WED 1 7 : 1 6 P 0 3 Robins Island 1 Environmental Revkw ' The proposed development of ponds(appro;dmatcly 3 acres)on the northern portion of the island will. have positive benefits including:fire protection,habitat creation,drinking water for wildlife and aesthetics. • Top soil and subsoil associated with proposed excavation activities are to be reclaimed_for landscaping . and�roadbeds. • Clearing of e�dng vegetation(other than that related to forest and wetlands management)will,be lim ted to approximately 4.5 acres of the 435 acre island. Proposed impe.ivious surfaces to be limited to 1.79 acres of the island. • Requested use and height variances will not result in an adverse impact in terms of environmental and planning considerations,particularly in view of the low overall intensity of use of the island as'a whole. V lasual changes.from perspectives along the north and south forks and Peconic Bay are limited to the . proposed Boathouse and Family Vacation Home,which are not expected to be sigtifiean Au.e to the low intensity of use,setbacks,consistency with traditional residential and maritime use of the island,and architectural design. • Applicant will conform with appropriate standards under the Suffolk County Sanitary Code with respect to potable water supply,sanitary disposal and storage of hazardous materials. s • Proposed erosion and stormwater control measures have been shown to be adequate. I • Sufficient setbacks have been provided between the top of the bluff and the proposed Family Vacation Home, to ensure longevity of the home,and provide adequate slope maintenance. • Building permit plans will be submitted for specified uses,and further review for conformance with the abovc'performance standards and mitigation described in the Full FAF Attachments A aid H can occur at that time. • The ZBA and/or other Town,County and State agencies have the ability to review other actions which may be contemplated in the future,and may address potential impacts at that time. The cm.cut application addresses the comprehensive planning of the use of Robins Island as proposed by the applicant through detailed management plans,and provides a non-segmented comiprehensive approach to environmental protection of the island's unique environmental resources. If the Board is in agreement with this review,the proposed action does not appear to warrant the preparation of an environmental impact statement, therefore a negative declaration would be appropriate. If you have any questions or wish any further input with: . regard to this matter,please do not hesitate to call. Ve rs, axle . Voorhis,•CEP,AICP i CHARLES V'=0jgR SOCIATES, INC. ? ? ENVIRONMEN l _ G CONSULTANTS Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEW YORK 11530-4838 -POST OFFICE BOX 1051 SIB) 421-2650 Y 5161 B32-7500 ROCHESTER, NEW PORK 14603 I J161 263-1000 1600 MAIN PLACE TOWER FAX:(516) e32-7555 BUFFALO,NEW YORK 14202 SUITE JOO (7I6) 853-8I00 ONE THOMAS CIRCLE WASHINGTON,D.C.20005 437 MADISON AVENUE (202) 457-5300 NEW YORK,NEW YORK 10022 12121 940-3000 WRITER'S DIRECT DIAL NUMBER: 15161632-7540 February 6, 1996 VIA FACSIMILE Southold Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island Dear Ms . Kowalski : We are in receipt of a letter addressed to the Board of Appeals from Mr. Joseph Fenton, dated February 1, 1996, and although we responded to the concerns raised by Mr. Fenton at the Board' s public hearing held on January 10, 1996 and although we further responded in "Attachment B" to our Environmental Assessment Form on February 2 , 1996, we now write in response to some inaccuracies contained in Mr. Fenton' s letter. As previously represented and as Mr. Fenton correctly pointed out, Mr. Bacon will assume responsibility for transporting any school age children that may some day live on Robins Island to New Suffolk. Moreover, Mr. Bacon will be requesting the Town Board to participate in the securing of all necessary approvals to construct the helipad and seaplane landing area proposed for Robins Island as required by the New York State General Business Law. However, Mr. Fenton inaccurately represented Points 2 and 3 of his February 1st letter. As for property tax assessments on the Island, whether the actions taken by Mr. Bacon relating to the Island result in a property tax reduction or a GC01:34869 Nixon, Hargrave, Devans & Doyle rar Southold Board of Appeals February 6, 1996 Page 2 property tax increase will be decided by the Southold Board of Assessors . My comments at the January hearing simply pointed to the fact that property improvements typically lead to increased assessments . As for the helipad, we did not represent that the Cutchogue Fire District requested the helipad, only that in our discussions with them in 1995, Mr. Bacon' s intention to construct one elicited a favorable response, as a helipad will certainly provide emergency access to and from the Island. Furthermore, as previously stated, the helipad is not proposed to handle ordinary transportation requirements to and from the Island, although the applicant and his guests will periodically travel to the Island by helicopter. In addition, the Southold Town Code does not address helicopter landings, but by analogy the East Hampton Town Code does, and their Code specifically provides that helicopter landings are permitted on Gardiners Island. We will be happy to respond to any other concerns Mr. Fenton or the Board may have at the February 7th hearing. Since/rely, Kevin S . Law KSL:cm CC : Southold Board of Assessors New Suffolk School District Cutchogue Fire District Mr. Joseph Fenton GC01:34869 E , Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEvco RP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEW YORK 11 53 0-4838 POST OFFICE BOX 1OSI (61B) 427-2660 (516) 832-7500 ROCHESTER, NEW YORK 14603 (716) 263-1000 FAX: (516) 832-7555 1600 MAIN PLACE TOWER BUFFALO,NEW YORK 14202 SUITE 900 (716) 653-6100 ONE THOMAS CIRCLE WASHINGTON,D.C.20005 437 MADISON AVENUE (202) 457-5300 NEW YORK,NEW YORK 10022 f2121 940-3000 WRITER'S DIRECT DIAL NUMBER: 15161832-7540 February 2, 1996 VIA TELECOPIER AND REGULAR MAIL Ms . Linda Kowalski Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Robins Island Dear Linda : As per your request, enclosed please find a chart summarizing the Height and Size of Existing and Proposed Structures for the Robins Island Proposed Plan. We are happy to inform you that Mr. Bacon' s architect, James A. Thompson, has been able to significantly reduce the proposed height of the Boathouse (A. 2) from 35 feet down to 29 . 6 feet . He has also been able to bring the proposed height of the Lane Garage (B. 1 . 1) , Lane Mechanical Services Building (B. 1 .2) and the Mackay Garage (B. 2 . 1) from 20 feet down to 18 feet, making them conform to the Town Code' s height restriction on accessory buildings and thus eliminating the need to obtain a variance for those buildings. Accordingly, the only height variances that appear to be required from the Board are for the Boathouse (A. 2) , the Recreational Building (C. l) , the Family Vacation Home (D. 1) and the Garage with Staff Quarters (D.4) . However, the Board still must indicate how it is going to proceed with the subordinate buildings containing habitable quarters . If the Board simply grants area variances for those structures, it would appear that they could be constructed to 35 feet and thus additional height variances would not be required. GC0134928 Nixon, Hargrave, Devans & Doyle ur Ms . Linda Kowalski February 2 , 1996 Page 2 If, however, the Board construes those buildings to be accessory buildings and allows those buildings to contain habitable quarters, the Board should advise whether additional height variances will be required for those structures, i .e . , Lane Lodge (B . 1) and the Caretaker' s Cottage (C. 7) . As the Board is already aware, the Agricultural Maintenance Compound (C.4) and the Gamekeeper Equestrian Barn (C. 5) are considered agricultural buildings and thus are entitled to be constructed up to 35 feet and thus no variances are required. In addition, the Windmills (B . 4 and C. 8) and the Sporting Clay Masts (C. 3) are exempted from height restrictions contained in § 100-230 (d) of the Town Code and thus height variances are not required for these structures, as well . I hope this information is helpful to the Board. We look forward to discussing these issues at the February 7th hearing. In addition, we expect to hand deliver our response to Charles Voorhis and the Board of Appeals on Friday, February 2, 1996 and look forward to the Board making a SEQRA determination on the Proposed Plan at the March hearing. Lastly, I look forward to discussing the proposed/draft conditions that my client will entertain accepting with you prior to the February 7th hearing so you can share our concerns and comments with the Board. As always, thank you for all your assistance in this matter. I look forward to seeing you on the 7th. Sincerely, Kevin S . Law KSL:cm Enc. GC01:34728 HEIGHT AND SIZE OF EXISTING AND PROPOSED STRUCTURES FOR ROBINS ISLAND PROPOSED PLAN* �a ORIGINAL REVISED EXISTING PROPOSED PROPOSED PROPOSED STRUCTURE** HEIGHT HEIGHT HEIGHT FLOOR AREA (11/6/95) as of 2/7/96 (A.2) Boat House (new) -- 35' 29 . 6' 7, 000' _ (B . 1) Lane Lodge (existing) 25' -- -- 11, 300' (B. 1 . 1) Lane Garage (new) -- 20' 18 , 2, 100' (B. 1 . 2) Lane Mechanical -- 20' 18, 2 , 100' Services Bldg. (new) (B.2) Mackay Cottage (existing) 18' -- -- 5, 900 ' (13 . 2 . 1) Mackay Garage (new) -- 20' 18, 2, 100' (B. 3) Ice House (existing) 21' -- -- 252' (B.4) windmill (new) -- 60' *** -- N/A (C. 1) Recreation Bldg. (new) -- 45' -- 28, 000' (C. 3) Sporting Clay Masts (7) (new) -- 70' *** -- N/A (C. 4) Agricultural/Maintenance -- 35' -- 35, 000' Compound (new) (C.4 . 1) workshop (existing) 17' -- -- 3 , 620' (C. 5) Gamekeeper/Equestrian 27' 6" 35, -- 10, 400' Barn (existing) (C. 5 . 1) Horse Run-In and Paddock 12' -- -- 650' (existing) (C. 6) Dog Kennels (new) -- 16' -- 850, �(C. 7) Caretaker Cottage (new) -- 25' -- 2, 500' (C. 8) windmill (new) -- 75' *** -- 1, 250' (C. 9) Fire Protection Cistern N/A -- -- N/A (existing) (D. 1) Vacation Home (new) -- 45' -- 15, 500' (D. 3) Pool Cabana (new) -- 16' -- 850' (D.4) Garage w/ Staff Qtrs. (new) -- 25' -- 2 , 250' (E. 1) Gazebo Sites (3) -- 16' -- 625' * Height is calculated from average grade to mean height between eaves and ridge. ** Letters and numbers refer to the identifications on the "Proposed Plan, Zoning Variance Application" Schematic Diagram prepared by James A. Thompson, Architect (11/6/95) . *** § 100-230 (D) of the Town Code provides exemptions from height restrictions for the windmills (B.4 and C.8) and the sporting clay masts (C.3) . Note: Unless otherwise revised, original proposed height of structures as previously submitted are still requested by the applicant. GC01:34001 35521/3 JOSEPH FENTON ATTORNEY AT LAW ^ N STREET NEWW SUFFOLKFFOLK, N. V. I1956 �(Q/ (516) 734-5099 ) C '" FAX:(516) 734-5136 11 February 1 , 1996 Board of Appeals Town of Southold Main Road Southold, N.Y. 11971 Re: Robins Island Gentlepersons: We were pleased to learn, when lawyer Law responded at last month's hearing to some questions I raised with respect to the island, that: 1 . Robins Island would assume responsibility for transporting any school children to New Suffolk; and that 2. Mr. Bacon would not attempt to reduce the taxation of Robins Island by reason of any allocation to any tax—free element, and would pay taxes on the entire parcel; and that 3. The helicopter pad was requested by the Cutchogue Fire Department, and would be used only for emergency purposes; In any case we understand that the helicopter pad is under the jurisdiction of the Town Board, which is unlikely to pass. on it without public notice and hearing. At such time, the hours of use, flight path, environmental considerations, noise and danger to occupants of boats anchored off the north end of the island during good weather, can be taken into account. We also understand that he will be responding to the other questions raised, before the next hearing. Re pectfully, oseph Fenton cc: Southold Town Board Southold Assessors New Suffolk School Cutchogue Fire Department Kevin Law, Esq. FEB-�6- T'UpE 11:54 � NIXONHARGRAVE FAX NO, 5168327337 P.02 JOA �T Nixon, Hargrave, Devan.s & Doyle LLP Attorneys amd Counselors at Law ONE NEYCORR MLA.. 990 STEWART AVENUE umTan Be uARE ALBANY. NRw TORk 12207 GAROEN CITY NEW YORK 1153 0-4 83 8 POST OFFICE BOX 1061 1618/a3waB50 (SI61 832-1500 AOGN 29TER, C.vOM1N 1�603 me) 263-1000 FAX:15161632-1S 1600 MAIN PLACE TOWERe2 V 1 BUFFALO,NEW YORk 102 u ^ 0 D V RU1TC)OO I7161 BS3-BI00 Orvc TUOMA9 CIRCLE /[gjq I>', L/ .+ WASMINOTOu,0.C.20006 e97 Mn1l60u wvcrcvc 3,t 12021467•6301 Ncw YORX,N2w YORk I0o22 WRITER'S DIRECT DIAL NUMBER: 1z12) 9.0-3000 / (6141)a32-7540 February (1 , 1996 VIA FAC'.-SMILE Southold Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Attn. Linda Kowalski RE: Robas_Islarcd Dear Ms , Kowalski : We are in receipt of a letter addressed to the Board of Appeals from Mr. Joseph Fenton, dated February 1, 1996, aisd although we responded to the concerns raised by Mr. Fentozs at the Board' s public hearing held on January 10, 1996 and although we further responded in "Attachment B11 to our Environmental Assessment Form on February 2, 1996, we now write in response to some inaccuracies Contained in Mr. Fentoin's letter. As previously x1-.presented and as Mr. Fenton correctly pointed out, Mr. Bacon will assume responsibility for - transporting any. school ag,� childi:en that may some day live on Robins Island to New Suffo.'k. Moreover, Mr. Bacon will be requesting the Town Board to part .cipate in the securing of all necessary approvals to construct the helipad and seaplane landing area p ,oposed for Robins Island ras required by the New York State Generill Business Law. However, Mr. Fenton inaccurately represented Points 2 and 3 of his February 1st letter. As for property tax assessments on the island, whether the actions taken by Mr. Bacon relating to the Island result in a property tax reduction or a GC01:3aa69 - FEB--6-96 TUE 11 :55 NIXON HARGRAVE FAX NO. 5168327337 P. O3 • Nixon, Hargrave,Devans & Doyle ue Southold Board of Appeals February 6, 1996 Page 2 property tax increase wil be decided by the Southold Board of Assessors . My comments at the January hearing simply pointed to the fact that property improvements typically lead to increased` assessments. As for the helipad, we did not represent that the Cutchogue Fire District requested the helipad, only that in our discussions with them in 1995, Mr. Bacon's intention to construct one elicited a favorable response, as a helipad will certainly provide emergency access to and from the Island. Furthermore, as previously stated, the helipad is not proposed to handle ordinary transportation requirements to and from the Island, although the applicant and his guests will periodically travel to the Island by helicopter. In addition, the Southold Town code does not address helicopter landings, but by analogy the East Hampton Town Code does, and their Code specifically provides that helicopter landings- ,are permitted on Gardiners Island. We will be happy to respond to any other concerns Mr. Fenton orthe Board may have at the February 7th hearing. Sincerely. Kevin S. Law j; KSL:cm CC: Southold Board of Assessors New Suffolk School District Cutchogue Fire District Mr. Joseph Fenton GC01:34869 / YtV FCAWRES 0. N1mE Occm, Naa 4 A.1 PM,. Docks and v n9 Cm Gfp 1 (net a,em) A2 fta H.... B. HPne,y L dv CRn,plex 8.1 lone f d, 6.1.1 D ,, '1 6 8.1.2 Matl iW Sarvicea BOW* B1 Naekq CeffiBe 1 B21 Certge � 8� Im HRuve A 2 �� B.4 YAAdmO (WOW Pm P) 2p �' 22 No1Fs: r ♦ \ 1.THE DESc TON OF THE S4NrtARY SYSIEN WAS COMPLETED BY � JOHN J. RAYNOR, P.E b: LS. P.C. l� 1 1 STHE UMDESIGN OF THE POTABLE SYSTEM WAS COMPLETED BY l8O ENC04EERM 3.TOPOOi4➢HY 5 DOM FROM SURVEY DATA&1PPLIED BY JOHN J. RAYNOR. ` nb -•" '-�' � 110ENSED SLRVfl'Oft N0. 48318. PREPARED DECENBER 12 18BA FROM2 _.. FIELD WORK COMPLETED OCTOBER l4. 1994. ._-=.i��_=_ 1EGENQi .�}� + � �T MMRWDE FRESHWATER PONDS (NEW) "ITISAVIDLATi0P nFARTICL _..... L. _^� � _ _�_ _._`_.�.'�,• Q 130 OF THE 4=_W YORfi 3TATE p 8=1NC EDUCATION LAW FOR ANY E WATER wEu- EwsnNG PERSON TO AFTER THIS DOCUMENTM r,N"'Y.AYWTH- `P WATER WFL' — PROPOSED OUT THE Ey!'4C^S WRF:"EN TEST HOLE 1[fil=1i%Aili:::JNAQGPTIO,4$Y kNEVY YOR;:STATE LICE,,SED ________ SU25URFPCE SANITARY SYSTEM LF.(dC SURVEVDflDR ENUI?dEER unDERDRmmD POWER AND wuuuwaTwHs INACCORDANCEWRNSECTION H.2 7200(2), ARTICLE 130, NEW _— UNDERGROUND POTABLE WATER SUPPLY YORK STATE EDUCATION LAW" 1 B.3 __ • POOL OOL t, _ PSEO`M1'_.yy SEPDC TANK SS AKAR 1-F.�O B.1 H• •1 "— •'—_ .0 0 CREASE TRAP 3" ___-- '_3Ta _ 0 100 r`2o u21s.1 '�z P - _ •r,�<': '--�'— _ SCALE 1N FEET ROBINS ISLAND B.1.1 ` ` H• _____ � SOUTHOLD, NEW YORK O SANITARY AND POTABLE SYSTEMS LAYOUT l) O DATE I PREPARED BY: !1) ! l 5T'1 ball RIATO SERVICES,IDe P.C. \ j PmN®oi2)m omP eW ur ik Ebgideen 126 Monroe Tu06612 1 TJvmbuA CT ➢6611 (2D3) 452-3110 � i DATE: 11 28195 F/GURE: I -_----_-=-= Y Sa fo -N$ 1 • ® "ITISAW FTTNOFARTICLE C.4 130 OF THE NEW YORK STATE EDI)CAMON LAW ALTER PERSON THIS DOCUMENT IR'ANYWAYWF-H- OUT THE EfPocSS NJFi'REN •. VERiFICATIC`:0'A009T Ot:SY ANES'dYO.(STATE-'I -1ccO I 1 KID SUR'iEYOROF ENGINEER dr 4.1 INACCORDANCEWOHSECTION 7209(2). ARi1CLc- 130. NEW YORKSTATE EDUCATION LAW 1 I cOF HELy 37 --- - - - if __= _-=- 0 l0G 7 SCALE® KEY FIXTURES I FCEND'- • LEACHWG POOL G Farm Curter MUNDANE FRESHWATER PoNOS (NEW)C ROBINS ISLAND �� SEPTIC TANK Cl R..mn 9(dam BUILDING o GRFSE SOUTHOLD, NEW YORK C.2 Tmnfe Court (at eha. .E WATER wM- c'XlsnNc C.3 SPert'mg aay Maser (nett eh..) P WATER WELL - PROPOSED NO1FS. c4 agHaunem/uaintmmm LPmPmna pA SANITARY AND POTABLE SYSTEMS LAYOUT C.4.1 Wereeh., 3 $ TES HOLE 1. THE OESIGN OF THE_SANGARY SYSTEM WAS COMPLETED 9Y DATE REVISED CS G(mekmPer/-caueenion Seen JOHN J. MYNOR• P.E- h �_S.. P.L. fjdEPAEED BY, _--_---_ 518511RFALE SANRARY SYSTEM LEG ENGINEERING SERVICE$. P.C. Ca Dog Kmnele 1.THE DESIGN OF THE PC'ASLE SYSTEM WAS COMPI_ETG 9Y LSG ENCINEFRING C.] Caretaker Lottoge UNDERGROUND POWER AND COMMUNIC;.'IONS SERNCES. P.C. I PrPfemPnel InTbaa>9m1eL evd C[Ei!IDgiGeen GB Windmill/Tekcammunic ona/Irrigation '!later Storage —-— UNDERGROUNO POWLE WATER SUPPLY 3. TOPOGRAPHY M OERrJ FROM SURVEY DATA SUPPUM 9Y JOHN J. RAYNOR. 126 MGNPOe Turnpike C9 Fro PreineOnn ante. UCENSM SURVEYOR NO. 49318. PREPARED OECEJSM 1Z 1994 FROM ImuSblill• CT 06611 FUD-0 WORK COMPLr= OCTOHM 14. 1994. (203) 452-3110 DATE: 12 11 91 1 FIGURE: 2 g KEY FFtiURES O. Famiy Area p 0.1 Family Veea4en Hama P 0.2 Peal 00 Peal Cabeea O 50 DA Gem9e with SteH Ouertem 1 1.THE a N L5.D M OF THE S SY51W WAS COMPL�REp BY � JDHN J.. MYNOR, P.E, P.C. / I THE DESIGN OF THE POTABLE SYSTEM WAS COMPLETED BY lliG ENGINEEti ING - / SEANCES. P.C. O. TOPOGRAPHY IS DERNED FROM SURVEY DATA 90PPLIm BY JOHN J. RAYNOR. LICENSED SURVEYOR NO. J9318. PREPARED OmEMBER 12. 1"4 FROM FIETD WORK COMPLETED OCTOBER 11. 19". cb1 LFeFuO. 'J� Q MANMADE FRESHWATM PONDS (NEW) 4 B=INC a,A .E WATER WELL- F Nc co "ft15 AVIOLATION OFARfICLE P WAFR WELL- PROPOSED S 42 130 OF THE NEW PORK STATE / 3.�- TTSf HOLE EDUCATION LAW FOR ANY -- MOSURFACE sAMrt srsTEM ODGUNI TO ALTER THIS 8 ^ OUT THE U,4REYWAY YlITN UNDERGROUND PoWR AND COMMUNIG110NS CDT. THE `c71'RESS WR!?TER! KO --- UNDERGROUND POTABLE WATER SUPPLY VERIFICATIUORADOFPG:SOY A N'CWYCRKDTATE LICE-.SED • TEACHING POOL 8 a LAND SURVEYOR OR ENCIN-ER \ A l 3 IN ACCORDANCEWITH SECTION \ / i� sEP11c TANK 7205(2), ARTICLE 130. NEW 7 m 3 0 GREASE TRAP YORK STATE EDUCATION LAW" essoN�' D Too 6 SCALE IN FEET ROBINS ISLAND B SOUTHOLD, NEW YORK SANITARY AND POTABLE SYSTEMS LAYOUT DATE I REVISED PREPARED BY: I LBO JmC w� Q'il 2bgme / J 126 Monroe TuraPike \ Trumbull. CT 06611 (203) 452-3110 1 DATE: 12.'Ii/91 I PlGuxE: 3 C APPEALS BOARD MEMBERS 9l h. Southold Town Hall Gerard P. Goehringer,Chairman 53095 Main Road Serge Doyen, Jr. ' '� P.O. Box 1179 James Dinizio, Jr. �q � ` i= Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 ,- Lydia A. Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 23, 1996 Facsimile Transmission to: 853-4044 ( N pages follow) Mr. Gerald G. Newman, Chief Planner Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Re: Variance Requests - Robins Island (Louis Moore Bacon) Dear Mr. Newman: Regarding the above application, please find attached copies of the following: a.) listing of all the proposed buildings and structures submitted in December 1995 from Kevin Law, Esq. as attorney for the property owner. (Some are noted as requiring variances, and others do not require Board of Appeals approval. ) b) map showing the location of the proposed and existing buildings. c) both Notices of Disapproval issued by the Building Inspector upon which the appeals for variances are requested. d) draft list of some of the expected covenants/conditions - this list will probably be expanded in some respect but we do not expect the covenants/conditions to be less than that listed. We will send a colored map by mail which is much easier to read than the attached reduced print, as well as other documentation which you may need to complete your review. Very truly yours, J3inda Kowalski Attachments FORM N0. 3TOWN OF SOTHOLD • (dII y BUILDING DEP RTMENT NOV _ 2 -.� SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ; 1 s* , ljw DATE: October 31 , 1995 TAMES A. THOMPSON, ARCHITECT - A/c ROBINS ISLAND PRESERVATION CORP. 2 LAFAYETTE COIIRT GREENWICH, CT. 06830 • .... . .. . . . ... . . . .. .. .. .. . . .• • • -•- . .. . . . PLEASE TARE NOTICE that your application dated .- OCTOBER ]0, 19 95 for permit to DEVELOP ROBINS ISLAND •- -- • . . . . . .. .. . . .. ... .. . .. . . . .. • . ... .. .. . . .. . .... ••... . . . at Location of Property . . . . .. ..ROBINS.ISLAND . . . .. . . .. .. • _ --- -_ _ . _ .. . _ _ . ._ .. . _ . . . . . . _ . . . ... . __ . . . House No. Street Hamlet County Tax Map No. 1000 - Section . . . .134 . . . . BLOCK . .. . .. LOT . _ 5 . . .. . . . . . Subdivision . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . Filed Map No. . . . . . .. ..Lot No. . .. . . . . is returned ]lerewith and digapproved on the following grounds ,.N.. .. . . . . . . . . . . . . . .. . . . . . . . . . Liz G3(''� U U A.2 Boat-House Bl . l rage C. 1 Recreation Building E.4 Garage with staff quarters. . . . . . . . .. . . . . .. . . .. .. . ... .. • - • - -. . .. - • --- -. .. .. . . . . . - - - -- . . . . . . .• ••• . . . . . . . . •- - .. . . . . . . . . . . . All exceed 18' height limitation for accessory structures - Article III Chapt: 100-33A_ - • • - - -- - - -- - --- - - • ----- • - - - -• - - - -- - -• - -- - . . . _ - . E. ] amily Vacation Home exceeds height limitation of 35' as stated in the BuO�j . . __ . . . . t „1. . . . . . . . . Schedule for an R-400 Zone. E. 1 Family Vacation Home B. 1 Lane House C.7 Caretaker . . q-- • : •- • -• •- • .. .. . . . . Cottage E-4 Gar ge with Staff Quarters. Permitted use in an R-400 Zone, a One _ . _ . . --•... . . .. . . . . . . . . . . •--. . . . . . . . . . . . . . . . - -- • -- - - - ---- - . . . . .. . . . . . .. . .. . . . .. . . . . . . . . . . . Family Dwelling not to exceed one ( 1) Dwelling on each lot. Action required by the . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. . .. .. . . . . . . . . . . .. . . •- •-- • -- . . . . . •---. . . . . . . . . . . .. . .. . .. . .. . . . . Zoning Board of Appeals. All Dwelling units require Suffolk County Health Department. . . . . ... ... - -• - • •. . . . . . . . .. . . . . . . .. . .. . .. . . . . . . A.Zt Boat House requires Town Trustee and DEC approval. . .. . . . . . . .... . . . ..• • --• - - . . .. . . .-- -- - .. . . . . .. . . . - - - -. . . .. . --- . . . . .. .. . _ . . . . .- • - • • -• . . . . . •-- - SEE EXHIBIT B ATTACHED - ALSO REFER TO ROBINS ISLAND MAP. . . . . • . . . . . . .. . .. . . . .•. . . . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . . .. . . . . . ... .. . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .• - • -- . .. . - -• -- • • - - • - • - - - • - - • - • • - - - •- • - • - • •-- • • •. . ... . . . . .. . . . . .. . . . . . . . . . . . G - Fish • . . . • BII LD G INSPECTOR <v RV 1/80 ARCHITECT'S NYS LICENSE NO. uZ,3111-1 T. Activity (Use) . Approvals Required Agency Comment C.5.1 Horse Ranch and Paddock Building permit SBD (Agricultural) -"— C.6 Dog Kennel Building permit SBD (Agricultural) .7 retaker variance-)_ '' , ZBA Applicant maintains only cage (Accessory) Building permit SBD Water-Septic S rea variancegj=.required C.8 Windmill Building permit S D (Accessory) C. (Acces:10 Helipadory) Town Board Resolution Town Ed. Permit is not necessary - and Summary of Plans to NYSDOT merely notice and reviews State for review by State and Feds Notice to FAA 1 FAA tme vacation Height variance'/- F5 'mAx. ZBA cipal) 0,J variance,V % iF Ti/� ZBA Applicant maintains only Building permit �'eWeIs'AL area variance is only Water-septic tic 86A SBD and that this activity is p jds1-4y0 SCDHS principle use on MP` premises 46 and seeks designation as co%( such from ZBA D.2 Swimming Pool Building permit SBD (Accessory) D.3 Pool CabanaBuilding permit SBD (Accessory) .4 arage with variance- -•- ZBA Applicant maintains only aff quarters Height variance ZBA (Accessory) Building permit SBD area variance required Water-septic SCDHS E.1 Gazebos (3) Building permits Trustees Proposed to be sited (Accessory) DEC outside regulated area. Applicant will seek letter of determination that no permit is required �• OTHER New Wetland Ponds SBD Aboveground Storage Fuel Storage Permits SCDHS Tank Overall Proposed Advisory opinion from SCPC ]�hesGeneral ant to § 239-M of Plan County Planning Comm. Municipal Law Key SBD = Southold Building Dept. ZBA - Southold Zoning Board of Appeals DEC = New York State Department of Environmental Conservation SCDHS = Suffolk County Department of Health Services SCPC = Suffolk County Planning Commission NYSDOT = New York State Department of Transportation Trustee = Southold Town Trustees GC01;32296 35521/3 ROBINS ISLAN P99POSED PLANIBUILDINGS i% _STRUCTURES E ESTIMATED CIWARING. EXCAVATION VERAGE Width Length Depth of Area of Volume of Area of Excava- Clearing Excavation Coverage tion A. Island Access Area (ftJ (ft.) 1 (ft.) (sq. ft.) (cu. ft.) (sq. ft.) A.1 Pier, Docks & Landing Craft Slip 1 A.2 Boat House 68 1 80 4 0 I 22,000 5,500 B Hunting Lodge Complex j 'B. ane Lodge- �^`° �j °�`U�"' 47.5 80 12 0 ; 0 3,800 B.1.1 Garage 25 34 10 1,250 8,500 850 B.1.2 Mechanical Services Building 25 34 I 10 1,250 8,500 850 2 ackay Cottage`, - • 35 71 10 0 0 2,500 B.2.1 Garage 25 34 4 ( 0 3,400 850 B.3 Ice House 16 16 0 0 0 256 BA Windmill - 20 20 0 j 0 0 400 C. Farm Center C.1 Recreation Building 80 150 12 16,000 144,000 12,000 C.2 Outdoor Tennis Court 60 120 2 10,000 14,400 7,200 C,j Sporting Clays 4 4 12 1,400 192 50 C.4 griculture/MaintenIance 40 500 i 12 12,000 180,000 20,000 Compound- � r C.4.1 Workshop �` (Included) in CA) C.5 Barn 30 153 I 12 0 19,800 4,600 C.5.1 Horse Run-in & Paddock 18 35 0 0 0 630 CA Dog Kennels 16 40 4 0 2,600 850 - �aretaker Cottage 00 °^ _ R 28 45 10 2 0 12,500 1,250 C.8 Windmill - vaA," ✓ n °"0 35 35 8 0 9,800 1,225 C.9 Fire Protection Cistern 18 20 10 0 0 360 C.10 Helipad (80 ft. diameter 1 N/A) i D F r 1 amily Vacation House 45 166 12 15,000 90,000 7,500 i _ 2 Pool 40 100 8 6,000 j 32,000 4,000 D.3 Pool Cabana 18 47 4 1,250 3,400 850 94arage with Staff Quarters - V 25 50 4 2,500 5,000 1,250 la one F. Gazebo Sites (3) 20 20 0 0 0 1,200 Totals: 68,650 556,092 77,971 *Notes: 1- Coverage= ground floor area of all impermeable structures. 2- Does not include buildings to be demolished (13.5 and C.4.2) L • 0 D. REQUIRED APPROVALS1 rtivity (Use) Approvals Required Agency Comment ( 2 oat House Height variance, ti� ZBA Activity is planned cessory) Building permit, Trustees beyond 10, contour. Possible wetland permit, DEC Applicant will seek Water-Septic SCDHS letter of determination from DEC and Trustees as for need to obtain _ I wetland permits B. 'Lane Lodge variance '�'*�-'"5 ZBA Applicant maintains only Accessory) Building Permit SBD area variance required Water-Septic SCDHS B.I. Garage Height variance ✓ ZBA. ccessory) Building permit SBD .1. echanical Height variance ✓ ZBA Considered by SBD as one vices Bldg. Building permit SBD building with B.1.1-but (Accessory) actually a separate i5 Rrncr aC Cp y,is B 2 Mackay Cottage Building permi(EXiS"I S SBD Accessory)-P _ d Water-Septic SCDHS B.2.1 Garage Building permit SBD (Accessory) B.3 Ice House Building permit SBD Permit already issued by (Accessory) SBD B.4 Windmill Building permit SBD (Accessory) C.1 ecreation Height variance ZBA ' llding Building permit SBD (Accessory) Water-Septic SCDHS C-.2 Tennis Court Building permit SBD (Accessory) _ C.3 Sporting Clays Building permit SBD (Accessory) C.4 Agricultural/ Building permit SBD Maintenance Fuel Storage Permit SCDHS Compound Water - Septic SCDHS (Agricultural) C.4.1 Workshop Building permit SBD (Agricultural) Water-Septic SCDHS C.4.2 Breeder Coop Building permit SBD Complex (Agricultural) C.5 Barn Building permit SSD (Agricultural) Water-Septic SCDHS ' The applicant's agents conducted numerous informal meetings with Southold Town and Suffolk County officials regarding the Proposed Plan and it was the consensus of all town officials to work within the existing Southold Town Code and apply for variances as necessary. The applicant was encouraged not to subdivide the Island and was also advised that a site plan would not be required. GC01:32296 3SS21/3 o �2 -+ 6g -- --- -- - I O i�• r C.4 "fT15 A VIOLATION OFARTICLE t 13P OF THE NEW YORK STATE r\ a EODGATION LAW FOR ANY RLLHS5M TO ALTER THIS (0� LKHA TENT I.r.,AV','gAYµii?FF OII THE X?R I' 'F(EN �0 (� V<Po ICndu'; FJO�T- DY d" A NEVaYORK.S TAT P LCE:=SE-D hACCORDASi.EµdffNSECTION ;, ARTICLE 130, NEW YORK I / YOflKSTATE EDUCATION LAW' i / GD A P > ¢ / O O -__ -____" _ I • Ii E 8 z -"gg J cs _ ... N.H.Rr 74 m 0 1oo KFY FFan�ett F- ND C. Farm Center ® SCgLf MANMADE FRESHWATER PONDS (NEW) • UFACHWG POOL C.z elmw C.1 T.m. eeMN (em Uvn BuBuildinghewn BUILDING ;) SEPTIC TANK ROBINS ISLAND e > C.3 SporDng Clvy Moats (not shewn) �6 WATER WELL- E%ISTNG 0 GREASE TRAP SOUTHOLD, C+ .�euRare,Maine.neme CamPOuna 1 a � t I P WATER WELL _ NEW YORK t WOrkahop J • PROPOSED NOlee' C.5 Gamekeeper/EQueaMan Bom 3 TER ROLE SANITARY AND POTABLE SYSTEMS LAYOUT t, THE DESIGN O THE S*N ., SYSTEM WAS COMPLETED BY C.B pog Kennsla .��py^��v� �y, "------- SUBSURFACE SANRARy yyRcM JOHN J. RAYNOR P.E. h LS„ p.C, DATE REnSED C,7 aretOker Cottvge^ pN^� �,- UNDERGROUND POWER AND COMMUNIC:.TIDNS Z' THE DESIGN OF THE PC-.QU SySIEM WAS COMPLETED, BY URG ENGINEERING PREPARED Rp•D BY C.B FlN, ll/Tekvo Ci... emna/hHyeeOe Weter smm. __ SERMCES, P.C. I LEG ENGINEERING SERVICESp, P�'.C. C.9 Fire Pro\eclion Cistern 9 �' UNDERGROUND POTABLE WATER SUPPUt }.TOPOGRAPNY LS DERNEr FROM SURVEY DATA SUPPLIED By JOHN J. IiAYNOR, Profmieaal Eti91rol]mepW ma CfWI��5.upen LICENSFi SURVEYOR NO. 49}tB, PREPARED DECEMBER 1Z. 1994 FROM 126 110=.0 Tu=pik, FIELD WORK COMPLETEC DCTOBER 14, 1994. T=CabuR. CT 06611 (203) 452-3110 DATE 12 11191 FIGURE: 2 P en A 5 ; P D. amilY Vamllon Hame (4L LIU ' I W - 0.2 Pooh 4co-0 if, I +Au(,4 a 5 0 D�.D.�ooi Cabootx n I. THE DESIGN OF THE SAWTARY SYS'iEM W� COMPLETED BY E JONN J. RAYNpR, P. h P.4 2 THE DESI SERVICES, P.C.Gry OF THE POTABLE SYSTEM WAS COMPLETED g,-Lgp ENGINEERING 0. TDPOGRAPF IS DERNEp FROM SURVEY OATq SUPPLIED BY JOHN J. RATNOfl, W UCENSED SURVEYOR x0. 4"- PREPARED OECEMBER 1 1994 FROM 2 FIELD WORK COMPLEIEO OCTOBFR t4, 1994. • =NO:_ 46 O [ FRESHWATER PONDS (NEW) SLUN � BuuDwc 44 ♦E WATER WELL — EKS NC 0 " 42 s #p WATER TESTHOE ELL — PROPOSED 1�TISA VHENEIONOFASTATE f EDUCATION LAW FOR ANY I ---- SUBSURFACE ywfA,,sYs1EM PERSON TO ALTER THIS \\ 4OI UNOERGROUND POWER qNo DOCU41ENTINANYWAYW.ITH- .a �D — coMMuwanoxs OUT THE E„PRESS ND YdRi?TE RIVY m UERGROUND POTABLE WATER SUPPLY VER EIDATIol:U:'s ALIQPiiu'S LEACHING POOL ANElk YORKSTATE LICECsSEO fANDSURVEYOROREN6IN=ER sEPRc TANK INACCOROANCEWITH SEE TOON O CREASE TRAP 720°(2). ARTICLE 130, NEW �� I �g YORK STATE EDUCATI4-0 ON LAW^ D � c UFndE4yy r .`}l0. 1cU81gi 6 11 !,�'oo r R R\ SCALE IN FEET ROBINS ISLAND SOUTHOLD, NEW YORK . f\ SANITARY AND POTABLE SYSTEMS LAYOUT DATE REVISED 1 PBEPARfiD BY: \ � / I � I LBG ENGL^7EERINC SERNCES; P.C.Aafudoaal�Tu'anmeaul and pWl mBIDeers ' 126 MODiOe TurapllTe - TY'umbNl. CT OBel] 1 (203) 452-3I30 DATfi' I2.11 91 FICLRE: 2 �t ,TER WELL 3XrTOR'.WELL . AXWUM PUMPING RATE IN GALLONS PER MINUTE NE POINT.WELL ,Y.S.D.EC. FRESHWATER WETLANDS BOUNDARY C 10CA7ED BY STEVEN JAY SANFORD' SHOWN O N C' ::THS MAP AS THE RESULT OF ACTUAL E _W SURVEY.MEASURMENTS. L T T E . ARTS-OF TIDAL WEnMDS AS LOCATED BY - LRS A CHIARELLA AND CHARLES T HAMIL70N YSD:EC. ON 8130/94" SHOWN ON THIS MAP THE RESULT OF ACTUAL FIELD SURVEY ASUREMEMS. 5 70 E OF EQUAL MAXIMUM PUMPING 5 10 u 4 TE TD PREVENT SALT-WATER ENCROACHMENT Y13 SOUTH POND $ 7.10 1 5 \ 9 5 13.401Y 0 13.40 10 DP_3 1D NORTHEAST POND ES77MATED RECHARGE BOUNDARY 1 \\ AIW Y i DP_I 5 I f CISTERN 7 1 Lu 1\,i • wEu 9 12 P~ U 'waRIaHDPs � 0 CORAGE "DUCK INN 5 o ME c $ 25 20 5 :) • ° "CARETAIRitS' ]OJ1 "ANCKAY OUP WI T•53 HOUSE h BARN G HOUSE Q 0.30 10 2 eV G O o; - ts's-i� 75 INR ��i O 5 10 1� 2 5 ( Q NOTE' EVALUATION RASED* ESTIMATE HYDRAUUC CONDUCTIVITY, AND VERTICAL- . 440 �;��%,DP-3 ` AND LATERAL SALT-WATER ENCROACHMENT ANALYSIS G R - ASSUMES CONTINUOUS PUMPING. - PRELIMINARY HYDROGEOLOGIC ASSESSMENT DP, DP +_ ROBINS ISLAND SOUTHOLD, NEW YORK �( ROBINS POND i'� Cj�OS i' MAXIMUM PUMPING RATE CONTOUR MAP TO PREVENT SALT—WATER ENCROACHMENT r�P ° BREEDER POND DATE RRL78ID PREPARED BY. LEGGEM BRA.RRPARS k GRAHAM, lNC. 0 600 Prvdevbm(Dmud-fats and ft bomm.w Sertlen 72 Danbury Road 7FjTSon, CT 08897 ;YNER SURVEYORS, NOVEMBER 28, 1994. SCALE IN FEET (20S) 782-1207 DATE: 1 I4 B5I FIGURL` 10 c v MIT HISTORIC BUILDINGS INVENTORY ROBINS ISLAND \�`\ S..OUTHOLD9.NEW YORK L I 1 ED \\ II ,\ 11 11� 1 W E ;t o terguv Amer 1l 1� 1 ,\ g It;\` E 1 t I It 7 KEY 1 LANE 2 CLUBHOUSE 3 DUCK INN (,\ 4 ICE HOUSE \'\ 5 BARN COMPLEX \t\\ 6 GRANARY � \ 7 GAME KEEPERS HOUSE \t 8 (A-H) BREEDER HOUSE COMPLEX I\ 9 CISTERN \ NOTE:THERE ARE TWO WINDMILLS LOCATED �1\ ON THE NORTHWEST SIDE OF THE ISLAND,NOT SHOWN ON ABOVE DRAWING. PREPARED BY LANDMARKS TO ILLUSTRATE THE.ROBIN ISLAND HISTO 1 a R .Y: PREPARED BY LANDMARKS,RANDALL PARSONS d A.9SOCIATES BUILDINGS AND STRUCTURES I MAIN STREET,EAST HAMP TON,NY 11937(516)324S716 BY ROBERT J.HEFFNER,JAN.1995. This approval is subject to the owner obtaining written approvals from the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before commencing construction activities. Lighting, if any, must be shielded to the ground and not be adverse to neighboring areas. That the proposed ft. by ft. accessory garage building be located at a setback no closer than feet to the front property line at its closest point. (May need to list more accessory buildings to show proposed location setbacks from a "designated marker" - perhaps at the top of a bank or bluff line designated by a surveyor.) That the subject accessory building be located at a setback no closer than feet to the property at its closest point. That plumbing in the accessory buildings, if proposed at some point in time, be permitted with the understanding that it is limited to use at the exterior of the building (such as an outdoor shower or hose) . That electricity is permitted in all buildings. That the height of the accessory buildings shall not exceed feet from natural ground level to peak. That the use of the accessory buildings is allowed as guest quarters or staff quarters, as an extension of the principal use and not to be rented or treated as a separate dwelling use. That future enlargement or expansion of the buildings by more than will require further application and consideration by the Board of Appeals. That evergreens or similar screening by natural vegetation, at a height of more than feet (such as trees or bushes) shall be planted to screen the height of the following structures to the best possible advantage: a) b) That all fencing for the tennis court shall not exceed a total height at 10 feet above natural grade, as proposed; and there shall be no lighting for after-dark tennis court use as regulated by subsection 4-b of Section 100-31 of the Zoning Code; and Page 2 of Sample Conditions That the setbacks of these accessory structures shall be not closer than feet to the westerly property line, feet to the southerly property line, and approximately feet to the easterly front property line; and That all of the natural wooded, or heavy brush areas to the and to the of the proposed buildings and structures shall remain, except as proposed for roads, emergency access, existing paths, and others areas which are established. This action shall expire on 19 and may be renewed, after a further public hearing and after further Board consideration of all the Zoning Code standards and considerations listed at Sections 100- and 100- pertaining to the effects of this use. Based upon the Code of the Town of Southold, the use of the premises is limited to only one principal use. These variances are conditioned upon the owner and/or operator's obtaining written approvals from the Southold Town Planning Board, the Southold Town Building Department, Suffolk County Department of Health Services, and any other agency having jurisdiction thereunder before occupancy; The natural buffer zone areas which exist along the coastal areas and existing pond and wetland areas shall remain as shown on the maps submitted with this application. That approval is required by the Southold Town Planning Board if the property is proposed for a subdivision or other type of development other than as submitted and considered in the present application. Such changes will be limited to the laws and regulations in effect at the time of those future applications and town actions. That written application shall be made to the Southold Town Board of Appeals for any change, modification, alteration, withdrawal or type of new considerations, and the Board of Appeals shall reserve the right to require a new public hearing and may take whatever action it deems necessary in considering the effects on the natural environment, ecology and visual aesthetics, protection of wildlife, all issues related to health-safety-fire-emergencies, and other considerations which are related to the general welfare of the residents of the town and the subject property. The new family residence shall be the principal residential building and may not be leased or rented separated from any of the accessory buildings. J Page 3 of • Sample Conditions The new garage shall be an accessory building. In light of the unique access problems of the island and isolated nature of access, the Land House may be used as guest quarters for up to 12 non-paying guests of the owner of the principal residence. These quarters shall only be used # months a. year, as agreed to by the applicant. The new caretaker cottage shall be an accessory building. In light of the size and isolated nature of the island, the owner of the principal residence must have an employee on-site to conduct 24-hour monitoring of the island. That employee and his/her immediate family may reside yearround in the caretaker cottage for purposes of monitoring the island. When a building permit is obtained and the Family Vacation Home is constructed, the Family Vacation Home shall become the principal building, as a single-family use, and the existing MacKay Cottage shall be an accessory building. In light of the isolated nature of the island, it may be used as overnight accommodations for up to six shooting staff or non-paying guests of the owner of the principal residence. The MacKay quarters may only be used # months a year, and is granted a height variance as an accessory structure at the height of # feet, which exists today. The Farm Quadrangle shall be an accessory building. In addition to housing the equipment needed to maintain the island, it may be used for overnight stays of up to four employees of the owner of the principal residence. These quarters may only be used between the months of May and October each year. The Recreation Building is an accessory building and is granted a height variance to allow it to have a mean height of 45 feet with the understanding that nearby trees will mask the height from off-island observers. The owner of the principal residence agrees to refrain from cutting any trees within a 100 ft. radius of the recreation building in order to maintain a visual buffer. This shall not preclude the owner from normal maintenance of the trees. All accessory buildings which exceed the 18 ft. height limitation shall be granted variances to the following extent: Caretaker Cottage - limited to # in height. The percentage of relief requested in relation to the requirement for an accessory building is # %. Lane House - limited to # in height. The percentage of relief requested in relation to the requirement for an accessory building is # %. Page 4 of Sample Conditions Vacation Family - limited to # in height. The percentage of relief requested in relation to the requirement for an accessory building is # °s. (Please list all buildings and structures and their respective floor area sizes and mean heights.) The principal building (Family Vacation Home) is permitted to be constructed at a mean height of # feet. The percentage of relief requested in relation to the requirement for a principal building is # o. The Zoning Board of Appeals approvals are conditioned upon compliance with the above conditions and with written covenants, approved by the town, which shall incorporate the Board's above-noted conditions to be recorded with the Office of the Suffolk County Clerk. A conformed copy of said covenants shall be filed with the Office of the Zoning Board. The owner agrees to allow the Zoning Board of Appeals to inspect the Island and within buildings and structures to ensure compliance with the covenants and conditions established by the Board of Appeals. This action shall expire within # years of the date of this decision, except when a properly issued building permit of the Town of Southold is in effect and construction activities commenced prior to Action.Cond r `r o�OgUFFO(,�c 0 APPEALS BOARD MEMBERS yam` Southold Tbwn Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen,Jr. y �� P.O. Box 1179 James Dinizio, Jr. 0( �0� Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 26, 1996 Mr. Charles Voorhis Voorhis & Associates, Inc. 54 North Country Road Miller Place, NY 11764 Re: Appl. No. 4354 - Robins Island Dear Mr. Voorhis: This is to confirm that our office has been in contact with Kevin Law, attorney in the above application, and Mr. Law has indicated that he expects to deliver their response to your office and our office very early next week. We have asked Mr. Law to also include concerns raised by a person in the audience (Joseph Fenton) who had questions about issues relative to tax consequences for taxpayers, burden on New Suffolk School District for transportation, hunting by helicopter (which is not proposed) , and other questions. We would have no objection to his including those responses as part of the SEQRA response. This particular hearing will not start before 7:55 p.m. Since we have not as yet received Mr. Law's response under SEQRA, it will probably be necessary to get together with board members (either after the meeting or at an informal session on another day) . In the meantime, we will be in contact once we receive the applicant's additional response. Very truly yours, Linda Kowalski Enclosure cc: Kevin Law, Esq. P.S. Also enclosed is a copy of communications received from an interested taxpayer in support of this application. !' E. DAVIES ALLA 5 COUNTRY ROAD, WESTHAMPTON 8 iI NEW YORK 11978 r Southold Town ZBA 1/22/96 Mr.- Gerard Goehringer, Chair Dear Sir: I have attempted to follow the topic of Robins Island in the local periodicals,_ and most recently read a commentary of your meeting held earlier this month. As a native of this area, and a businessman of 30 years, I have had an ample opportunity to watch - at at times, participate in - various big money projects on the- East end of both forks .. Some where never completed, leaving contractors and municipalities skeptical. Others have been completed, and the final product leaves us all less than enamored. Still other projects we find to be an asset, both in appearance and tax dollars earned by the Town. Such is the case with the current status of Robins Island. Years ago I was asked to visit the island on the request of a prospective, foreign, purchaser. Later, another visit on the behest of a west coast magnate. We all watched Suffolk County struggle with ownership possibilities as well. Bottom line, I feel, is we all are better off than imagined.Mr.. Bacon brings to us the best of all worlds: the property remains on the tax rolls, with the prospect of no more than a handful of kids to go to local scho4ls. Mr. Bac.on's ambitions are particularly modest when we 'r take into account the vast acreage he owns. FurtheLinore, Mr. Bacon has generated a serious influx of cash' to the folks who live here, through payrolls and local purchases. Most important, his checks don' t bounce. Thus many, many people would be disappointed if Mr.Bacon found his island pursuits to be too much of a hassle, and he found a friendlier atmosphere, say, in the Chesapeake. Or South Carolina. Whatever. Be might be inclined to take his money there, and sell the island to Suffolk County for a park. (An agency that can't take care of what it already has) . Immediately we would see the land come off the tax rolls, and an influx of five zillion people E. DAVIES ALLAN 5 COUNTRY ROAD WESTHAMPTON BEACH NEW YORK 11978 2 _ scrambling for the opportunity to trample the Robins Island terrain. Frank, at the marina near the Town ramp, would make more money selling Tee shirts and Robins Island key chains than fixing outboards. Mr. Fenton, a local critic, would want to move out of Town because his taxes went up to compensate for the loss of Robins Island taxes when owned privately. The vehicle and boat traffic will be a source of his ire. And the ire of many others . There' s probably a notion that folks with a lot of money to spend should be viewed with askance. From what I see, Mr. Bacon is an exception, and we should be a bit more willing to take him for what we see of him. Let ' s give him a chance, not scare him away. yours truly, rs . �tC'L E. Davies Allan cc- The Suffolk Times cc. Paul Stimson, Moore Capital PS Robbins Island pay $88,866. in taxes. 1 i o��SUFfO(,�c APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman `"„ �, 53095 Main Road Serge Doyen,Jr. y • �� P.O. Box 1179 James Dinizio,Jr. 'y0� .�0� Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 26, 1996 Kevin S. Law, Esq. Nixon Hargrave Devans & Doyle, LLP 990 Stewart Avenue Garden City, NY 11530 Re: ,Appl. No. 4354 - Louis Moore Bacon (Robins Island) Dear)i mr-aw: Please find enclosed a copy of our agenda for February 7, 1996. The public hearing on your application will reconvene at approximately 7:55 p.m. in the court room (same place) in the Southold Town Hall building. Very truly yours, da Kow s;fl Enclosures cc: Mr. Charles Voorhis Voorhis & Associates, Inc. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 7, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4356 - MARTIN and CHRISTINE KOSMYNKA. This is a request based upon the December 6, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct an accessory garage building in the required front yard at less than 35 feet at 1985 Pine Tree Road, Cutchogue; Parcel #1000-98-1-11.2. This parcel consists of a size under 20,000 sq. ft. , and the principal front yard setback is shown under Article XXIV, Section 100-244B. (This is a carryover from 1/10/96 to consider alternative locations. ) 7:33 p.m. Appl. #4358 - ROBERT E. GREEN. This is an appeal based upon the November 21, 1995 Notice of Disapproval from the Building Inspector in which applicant applied for a building permit for the "existing deck" and was denied under Article IIIA, Section 100-30A.3 of the Zoning Code due to insufficient side yard setback and insufficient total side yards at less than the required 35 feet. Subject premises contains a 38,900+- square feet in lot area located in the R-40 Low-Density Residential Zone. Location of Property: 790 North Sea Drive, Southold, NY; Parcel ID #1000-54-5-14. 7:35 p.m. Appl. #4360 - PAT J. IAVARONE. This is a request, based upon the January 18, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a porch addition at less than the required minimum 15 ft. side yard, Article XXIV, Section 100-244B of the Zoning Code. Location of Property: 996 West Road, Cutchogue, NY; Parcel ID #1000-110-7-3. This parcel consists of nonconforming lot area of 34,000+- sq. ft. 7:40 p.m. Appl. #4361 - ESTATE OF MARY ANNA MUIRISUSAN PARK UTZ. This is a request, based upon the January 24, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a single-family dwelling at less than the required rear yard setback of 35 feet, Article XXIV, Section 100-244B of the Zoning Code. This parcel consists of a nonconforming lot area of 12,318 sq. ft. and is located at 295 Youngs Road, Orient, NY; Parcel ID #1000-18-1-12. 7:45 p.m. - Appl. #4359 - EDWARD E. WILLIAMS. This is an application based upon the December 27, 1995 Notice of Disapproval issued by the Page 2 - Legal Notice* Regular Meeting of February 7, 1996 Southold Town Board of Appeals Building Inspector, wherein applicant has applied for a building permit to construct a single-family dwelling and was denied due to insufficient front ,yard setback from an abutting right-of-way/property line, Article XXIV, Section 100-244B. This parcel contains a total lot area of 54,887 sq. ft. located in an R-80 Residential Zone District, at 16315 Main Road, East Marion, NY; Parcel ID #1000-23-1-12.1 . 7:50 p.m. Appl. No. 4362 - LEWIS B. SHANKS. This is a request for the grant of a waiver as provided by Article II, Section 100-26 in this merger of land as determined in the January 22, 1996 Notice of Disapproval issued by the Building Inspector, concerning a vacant parcel of land of 11,250 sq. ft. , which land has been held in common ownership with adjacent land during a period of time commencing July 1, 1983. The subject land is referred to as Lot 77 on the Map of Founders Estates, and the land adjacent thereto is referred to as Lot 76 also containing less than 20,000 sq. ft. in area. Street Address: 450 and 350 Old Shipyard Road, Southold, NY; County Tax Map Parcel No. 1000-64-2-47 (and Parcel 1000-64-2-48 transferred by deed on 6/7/90 from Shanks to Chiaramonte) . Zone District: R-40 Residential. 7:55 p.m. - Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon two Notices of Disapproval, the grounds for which read as follows: A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, B.2 MacKay Cottage, C.1 Recreation Building, E.4 Garage with staff quarters, B1.2 Mechanical Services Building and B2.1 MacKay - Garage: will exceed 18' height limitation for accessory structures, Article III, Section 100-33A. E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building) . E.1 Family Vacation Home, B.1 Lane Lodge, C4 (C4.1) Agricultural Compound, C.7 Caretaker Cottage, E.4 Garage with staff quarters: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. . . . All accessory buildings which will contain living quarters and/or exceed 18 ft. height limitation also will be considered for variances. (Approvals required� by the Zoning Board of Appeals before building permits may be granted. ) Location. of Property: Robins Island, near North Race, Great Peconic Bay, Town of Southold, NY; Parcel #1000-134-3-5, containing 434+- acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Page 3 - Legal Notice* Regular Meeting of February 7, 1996 Southold Town Board of Appeals Dated: January 26, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda. Kowalski x �41 Albert J. Kru ',President ,s Town Hall John Holzapfel, Vice President 53095 Main Road P.O. Box 1179 William G. Albertson Marlin H. Garrell �, f "�+� Southold, New York 11971 Peter Wenzel Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Board of Appeals FROM: Board of Trustees t� RE: Robins Island SCTM #1000-134-3-5 Date: December 7, 1995 The Board has reviewed the above referenced material and finds that all the proposed activity is out of the Trustees jurisdiction. Please note that once the ponds are constructed, any activity within 75' of the ponds are in the Trustees jurisdiction. If you have any questions, please do not hesitate to contact this office. Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 December 5 , 1995 Mr . Gerard Goehringer Zoning Board of Appeals Southold Town Hall Southold, NY 11971 Dear Gerry and Members of the ZBA Board: Re : Mr . Bar-on' s Request for Variances for Robins Island As a member of the Robins Island Working Group I've had a unique opportunity to see for myself just what Mr . Bacon is doing out there. I also knew the island in my youth when we as kids would "sneak" over there to see what was going on . Later when trying to save the island from development , we took a group of Nature Conservancy members to the island during the time John Mackay owned it . Now the new owner, Mr. Bacon, is asking for a series of variances to make his dream of a one-owner concept become a reality. He wants to build a boat house near the dock, renovate the famous Manor House, bring up some of the outbuildings to date and then to build himself a new home on the southwest side of the island. These all seem logical to me. I 'm particularly pleased that he hopes to build additional ponds on the island for they will greatly increase the variety of bird life the island will attract. We were told he might need height variances for some of his projects . If you remember I asked for a height variance when I put up my windmill. Your board okayed it , providing it had a set back from my neighbor' s property line so that should it blow down it would all fall on my land. Seeing Mr . Bacon is the sole owner and there are no neighbors , I would assume he'd have no problem getting this variance. I write this letter only because I feel all of us here in the Town of Southold have finally found a good steward in Mr. Bacon for what he has done on the island as far as I can see has only enhanced what was there. I hope you will grant Mr. Bacon his variances . Sorry I will not be able to be with you at the hearing as I will be out of town. Sincerely, Pautoutenburgh PS :bs ROBERT D. PIKE Counselor At Law Concentrating in the Law of Rea I Property,EnvironmentaI Protection,Municipal GovermneM, Xeahh and Matters o PubUc Concern 138 Ostrander Ave. Riverhead,New York 11901 (516)727 7204 (516)727 7308 Fax Internet-rpike(q,)interserv.com_ December 5, 1995 Members of the Zoning Board of Appeals Town Hall Town of Southold Southold, NY 11971 RE: Variances requested by Louis Moore Bacon/Robins Island Dear Board Members: I'm writing concerning the application of Louis Moore Bacon for height, area and other variances required by his plan to restore Robins Island as a functional hunting and natural. preserve. I have had the honor and opportunity of serving in various capacities that affect the future of Robins Island since 1981 when I was retained as an attorney for the Save Robins Island Committee. Since that time I have also served as a member of the Board of Trustees of the Long Island Nature Conservancy and as an adjunct professor of Environmental Law at the Long Island University. I currently serve on the Peconic Bioreserve Committee of the Nature Conservancy and the working group enlisted by Mr. Bacon and the Nature Conservancy to help him plan for the future of Robins Island. I am,therefore, fully familiar with the facts and circumstances surrounding Mr. Bacon's application. I know I need not delve into the various legal issues. They have been ably presented by Mr. Kevin Law, counsel to Louis Moore Bacon. I do want to spend some time lending my personal support to the merits of the application itself. Members of the Zoning Board of Appeals Page 2 The plan before you is one that makes respectful use of the island resources. With the one exception of the new house,it builds within the existing infra-structure areas of the island as they were constructed from the time of the Wickhams down to the Mackeys. Mr. Bacon has paid careful and detailed attention to the preservation and enhancement of indigenous species, both flower and fauna. He has done remarkable work with the Nature Conservancy to mark off and protect the sites of rare and endangered species and to mark off and protect the water recharge area on the island. Mr. Bacon is undertaking a prodigious effort in natural wetland restoration. Mr. Bacon's plan offers the promise that Robins Island will be largely preserved and the availability of the island, on a limited basis, for the environmental education of our young. In addition, the approval of this application will substantially improve the tax revenues to the town. No solution for the preservation of Robins Island is perfect,but this one, developed by highly skilled and well-intentioned people, provides a real-world, optimal balance of preservation and use by the Bacon family. I hope that the Zoning Board of Appeals can play an important part in the history of Robins Island by approving the application in its entirety. C ncerely obert D. Pike J 1� E. DAVIES ALLAN C 5 COUNTRY ROAD ) 2 j� WESTHAMPTON BE NEW YORK 11978 Southold Town ZBA 1/22/96` Mr. Gerard Goehringer, Chair Dear Sir: I have attempted to follow the topic of Robins Island in the local periodicals, and most recently read a commentary of your meeting held earlier this month. As a native of this area, and a businessman of 30 years, I have had an ample opportunity to watch - at at times, participate in - various big money projects on the East end of both forks . Some where never completed, leaving contractors and municipalities skeptical . Others E have been completed, and the final product leaves us all less than enamored. Still other projects we find to be an asset, both in appearance and tax dollars earned by the Town. Such is the case with the current status of Robins Island. Years ago I was asked to visit the island on the request of a prospective, foreign, purchaser. Later, another visit on the behest of a west coast magnate. We all watched Suffolk County struggle with ownership possibilities as well . Bottom line, I feel, is we all are better off than imagined.Mr. Bacon brings to us the best of all worlds: the property remains on the tax rolls, with the prospect of no more than a handful of kids to go to local schools. Mr. Bacon ' s ambitions are particularly modest when we take into account the vast acreage he owns . Furthermore, Mr. Bacon has generated a serious influx of cash to the folks who live here, through payrolls and local purchases. Most important, his checks don't bounce. Thus many, many people would be disappointed if Mr.Bacon found his island pursuits to be too much of a hassle, and he found a friendlier atmosphere, say, in the Chesapeake. Or South Carolina. Whatever. He might be inclined to take his money there, and sell the island to Suffolk County for a park. (An agency that can ' t take care of what it already has) . Immediately we would see the land come off the tax rolls , and an influx of five zillion people jl E. DAVIES ALLAN 5 COUNTRY ROAD WESTHAMPTON BEACH NEW YORK 11978 F I! - 2 - scrambling for the opportunity to trample the Robins Island terrain. Frank, at the marina near the Town ramp, would make more money selling Tee shirts and Robins Island key chains than fixing outboards . Mr. Fenton, a local critic, would want to move out of Town because his taxes went up to compensate for the loss of Robins Island taxes when owned privately. The vehicle and boat traffic will be a source of his ire. And the ire of many others . There ' s probably a notion that folks with a lot of money to spend should be viewed with askance. From what I see, Mr. Bacon is an exception, and we should be a bit more willing to take him for what we see of him. Let ' s give him a chance, not scare him away. yours truly, E. Davies Allan cc: The Suffolk Times cc. Paul Stimson, Moore Capital PS Robbins Island pay $88, 866. in taxes. i r February 19, 1996 Mr. Gerard Goehringer, Chairman Board of Appeals Southold Town Hall Re: Application Louis Bacon--Robins Island Dear ZBA Members, We support your approval of the plans for Robins Island as finally submitted on February 7, 1996. We believe that the new and renovated buildings as proposed, when considered in combination with the conservation easements agreed upon with The Nature Conservancy last September, will give an overall "look" to and "use" of Robins Island in keeping with its history over the past 100 years and will provide a good example of modern, enlightened estate management. Through The New Suffolk Civic Association, Inc., good 2-way communication has been established with all of the key representatives of Louis Bacon.Thus,the community has been well informed and comments solicited regularly regarding aspects of the project that affect New Suffolk. We expect such open communication will continue as work progresses and we are confident of Louis Bacon's interest in the overall welfare of the New Suffolk community. We appreciate the care and skill with which the 3 ZBA meetings were conducted by the Board. Ytruly, `�V V 4 se A. Mc Kay, President i NEW SUFFOLK CIVIC ASSOCIATION, INC. POST OFFICE BOX 642 NEW SUFFOLK, NY 11956 ............... ......... ......... ...............iiq ......... MEMORY STORAGE REPORT .................(FEB 28 '96 04 56PM).................: SOLI D TOWN HALL 516 765 1823 ................................................................................................................................................................................. (AUTO) ..................... FILE FILE TYPE OPTION TEL NO. PAGE 006 MEMORY TX 8327555 01 ....................................................................................................................................................................................................................... REMAINING CALL CAPACITY 21 ....................................................................................................................................................................................................................... F2 February 19, 1996 Mr. Gerard Goehringer, Chairman Board of Appeals Southold Town Hall Re: Application Louis Bacon--Robin.- island Dear ZBA Members, We support your approval of the plans for Robins Island as finally submitted on February 7, 1996. Win haliPvP that thin npw anri rPnnvatori I•jdiilriine',n as nrnnncarl whan 0 was de& a building permit ferred to as Lot 76 ontain- „„hearings will not start before BOARD OF APPEALS toconsa porch addition at ing less than 20,0 sq.'ft in the times designated,'and are TOWN OF SOUTHOLD less than the required minimum area. Street Address: 450 and in addition to other hearings.It -io. 15 ft.side yard,Article XXIV, 350 Old Shipyard Road, is recommendedthat the file(s)/ NOTICE OF HEARINGS Section 100-244B of the Zon- Southold, NY; County Tax be reviewed before the sched- ing Code.Location ofProperty: . Map Parcel No. 1000-64-247 uled date of the hearing for up- NOTICE I3 HEREBY 996 West Road, Cutchogue, and Parcel 10000-64-248'.' dates or new information. If PareellD#1000-110-7-3. GIVEN, pursuant to Section NY; transferred by deed on 6/7/90� you have questions,please also This parcel consists ofnoncon ! from Shanks toChairamonte !:: do not hesitate to call 765- 267oftheTownLawandthe formin lot area of34,000ts . ) code of the Town of Southold, ; B 4 Zone District: R-40 Restden- I809. ft that the following applications . tial. Dated:January 26, 1996 Will behold for public hearings' 7:40 p.m.Appl.#4361-ES- 7:55 p.m:Appl.No 4354 BY ORDER OF THE before W the SOUTHOLD r TATE OF MARY ANNA LOUIS MOORE,BACON SOUTHOLD TON MUIR/SUSAN PARK UTZ. (ROB BOARD OF AP: Is t BOARD OF APPEALS This is a request, based upon hcahon based u PEALS atthe SoutholdTowa a Pp on two : GERARD P. the January 24,1996 Notice 0 Nohces a£Disa r Hall„;- 53095 Mazur Roa pp oval the GOEHRFNGER CHAIR- r Disapproval issued by'the ,I ands fos;;vvhich readas fol- i ` ' : MAN Southoldy New York1197I on. t gTO WEDSDAI`yEBItU,� Building Inspector,'in;which lows r ;; By Linda Kowalski ARY:7J96 commencm tat applicant was denied a build- A'.2BoatHouse, B LLane Y r 1X-2/1/96 thetiniesspecified beI iiigperairtto'consfructasingle L0dge„1#t 1 Garage B 2 7:30 m Sti familydwellin at less than the MacKaS :��g� C LaRecre t P FP� requirediearyardsethackbf35 � ' -- --- -- MARTIN and.'CIIRLSTThiE. . anonBuildmg EA Garage with feet Article XXIV, Section KOSMY tss a re- <staff quartais,B12,Mecham h �0 a t00=244BofthaZoningCode. 'calServiaesBuildin quest basednnpon;the Deceni- ' This parcel consists of anon-_ MacKa a g 1,a B2.1"` ber 6,:1995 Notice of Disap- y;Garag will, < n conforming lot area of:.12,318, . 18'hei t limrtahon foc acces- proval issued by'the•Building 8h sq ft and is Iocated at 295 so s c ArticleIIl;Sec- Inspector, m'which applicant iY Youngs Road Orient NY;Par- lion 100=33A was.demed a building permit cel ID#1000-18 1-12. to construct an accessoryga- E. Family Vacation Homei _7:45 p.m-Appl. #4359- exceeds height limitation of35. rage building " the 35fe t EDWARD E::WH.LIAMS. !i front yard at less than 35,feet ft•as stated in the Bullc,Sched- '-This-is an application based uleforanR-d00Zone as at 1985 Pme'Tree Road', upon the December ; 1995 ( m1° '' Cutcho e,Pareel#1000-98-1- P cipalbuildmg) s ,,:•,i Notice of Disapproval issued 11.2.This parcel consists of a -by the Building Inspector, E.1 Family Vacation Home, size under 20;00a sq.- ft., and` B.1 Lane Lodge C4 (C4.1) wherein applicant has applied the principatfront yard setback Agriculttu°ral'Compound''"C.7 `I for a building permit to con- is shown under Article XXIV, struI Caretaker Cottage;EA Garage an Section 100-244B. (This is a d a single-family dwelling was denied due to insufft- with staff quarters: One Fam- an cany-over from'1/10/96 to con- ily Dwelling not to exceed one sider alternative locations. an abutting front yard setback from ) I an abuttin ri t-of- / ro (lj dwelling on each lot under 7:33 p.m. Appl. #4358- g l P P- Permitted uses inaan R-400 erty line, Article XXIV; Sec-- ! i ROBERT E GREEN.This is Zone.Action requuzd by Zon- �uu�� tion 100-244B. This parcel , An appeal based upon the No Yl ing Board'ofAppeals... - 7 contains a total lot area-of vember2I;1995146tieeof-Dis- All accessory buildings approval from the Building 54,887 sq. ft located in an R- 80 Residential Zone District,at In- which will contain living quar- spector in which applicant ap- 16315 Main Road,: East tersand/orexceedl8ft-height plied for a building permit for ,Manon NY Parcel ID#1000 limitation also wili,be consid- the"exist"-deck"and was d"e- 23-1 12 I s er"ed for variances:(Approvals nied under Article IIIA; Sec- 7 50 p.m..Appl.No.4362- required by the Zoning Board/ l lion 100-30A.3 ofthe Zoning LEWIS IL SHANKS.This is of Appeals before building per- Code due to insufficient side a request forithe grant of a '! mits may be granted.) yard setback and insufficient waiver as provided by Article Location of Property:Rob- total side yards at less than the II, Section 100-26 in this ins Island,near North Race, required 35 feet. Subject pre- merger of land as determined, ' Great Peconic Bay, Town of inthe January 22,1996N"otice� mises contains a 38,900t rye- Southold, NY; Parcel #1000- square feet in lot area located of Disapproval issued by the 134-3-5, containing,•434t in the R-40 Low-Density Resi Building Inspector,concerning acres. dentialZone:LocationofProp a vacant parcel of land of The Board of Appeals will _ (�f/ erty: 790 North Sea Drive, 11 250 sq. ft.,;which land has at said time and place hear any �' v Southold, NY; Parcel'ID been held in common owner- and all persons or representa- #1000-54 5-14. - tives desiring to be heard in the ship with adjacent land during i 7.:35 p.m. Appl. #4360= a period of time commencing above applicalions:'Written �l � � 5 PAT J.IAVARONE.This is 1July 1,;1983.The subject land comments may also be submit I� a request,based upon is referred to as Lot 77 on the ted prior to,the conclusion of. ary 18, 1996 Notice ofDisap map of Founders Estates, and the subject hearing.The above,, proval issued:by:thc Building< the land adjacent thereto is re - Inspector, in, ich applicant: COUNTY OF SUFFOLK STATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn,says that he is the Editor,of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each`w,eek for ....................................................�...............w ks successively, comm ..... on the .....z.......... day of............ ..... 7:�`.`.�-?.................,19.��. o� .............. Sworn to before n)epthis...... ...........day of �..... ................ 19. 6 ..................... Notary Public BARBARA A. SCHNEIDER NOTARY PUBIC, State of Now York No.AM-346 QuaLF.ea in Suffolk County Commission Expires 81S11?6 ?r,�rg Q rmn ---i FEB - 5 t ! a iy �� TO: ZBA Members FROM: ZBA - Office DATE: January 26, 1996 RE: Robins Island Status This is to confirm that our office has been in contact with Kevin Law, attorney in the above application, and Mr. Law has indicated that he expects to deliver their response to your office and our office very early next week. We have asked Mr. Law to also include concerns raised by Joseph Fenton who had questions about issues relative to tax consequences for taxpayers, burden on New Suffolk School District for transportation, hunting by helicopter (which is not proposed), and other questions. The applicant will respond as part of the SEQR.A response. Since we have not as yet received Mr. Law's response under SEQRA, it will probably be necessary to have a discussion with Chic Voorhis and board members (maybe after the meeting or at an informal session on another day) . Board/Voorhis.1 FORM N0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. (AMENDMENT) NOTICE OF DISAPPROVAL DATE. Jan: 2, 1996 . . .. . .. '. r. . . . . . . . .. . . . . . . . To James A. Thompson, Arch, A/c Robins Islaud Preservation Corp. 2 Lafayette Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Greenwich, Ct. 06830 PLEASE TARE NOTICE that your application dated . Art.P eX. 1A,. .. . . . .. 19. .9.5 for permit to _ DEVELOP ROBINS ISLAND - . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .. at Location of Property ROBINS ISLAND . . . . . . . . . . . . . . .ROBINS House No. Street Hamlet County Tax Map No. 1000 - Section . . . .1-14. . . . . BLOCK . . . . .3 . . . . . LOT . . 5. .. .. . . . . . Subdivision . . . . . . ... . . . . . .. . . . . . . . . . .. . . . . . Filed Map No. . .. . . . . . .Lot No. is returned herewith and disapproved on the following grounds . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . B-2:1 MacKay Garage, B. 1 .2 Mechanical Service Building - Both exceed 18' height . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . ... . . . . . . . . limitation for accessory structures - Article III Chapt. 1001--33A. C. 1 taff Quarters Agricultural Compound - Permitted use in an R-400 Zone A . . . . -• - . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �.C. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ' One Family Dwelling not to exceed one ( 1) Dwelling on each . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ' . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . Please note that the MacKay Cottage is considered the principal use on this . . ... . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . parcel at this time. . . . . . . • '• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Action required by the Zoning Board of Appeals. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . :. . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . .... . . .. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . : . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DING INSPECTOR Gary J. Fish w RV 1/80 o��gUFFOj,�-co APPEALS BOARD MEMBERS ySouthold Town Hall Gerard P. Goehringer, Chairman ,,, 53095 Main Road Serge Doyen,Jr. P.O. Box 1179 James Dinizio,Jr. �Ol # �a0 Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A. Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 24, 1996 Mr. Gerald Newman, Chief Planner Suffolk County Department of Planning 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Re: Variance Requests - Robins Island Dear Mr. Newman: Supplementing our fax of yesterday, please find enclosed original map, copy of application and copies of Exhibits referenced in the application. Thank you for your time and help in this review. Very truly yours, inda Kowalski Confidential Assistant Zoning Board of Appeals Enclosures O��g11FF0(�-CD APPEALS BOARD MEMBERS vZ` Gy o -A° Southold Town Hall Gerard P. Goehringer, Chairman „ 53095 Main Road Serge Doyen,Jr. yy `� P.O. Box 1179 James Dinizio,Jr. 0( * �a0 Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A. Tortora Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 23, 1996 Facsimile Transmission to: 853-4044 ( N pages follow) Mr. Gerald G. Newman, Chief Planner Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Re: Variance Requests - Robins Island (Louis Moore Bacon) Dear Mr. Newman: Regarding the above application, please find attached copies of the following: a.) listing of all the proposed buildings and structures submitted in December 1995 from Kevin Law, Esq. as attorney for the property owner. (Some are noted as requiring variances, and others do not require Board of Appeals approval. ) b) map showing the location of the proposed and existing buildings. c) both Notices of Disapproval issued by the Building Inspector upon which the appeals for variances are requested. d) draft list of some of the expected covenants/conditions - this list will probably be expanded in some respect but we do not expect the covenants/conditions to be less than that listed. We will send a colored map by mail which is much easier to read than the attached reduced print, as well as other documentation which you may need to complete your review. Very truly yours, Iridaa to�L li (.Kowalski Attachments STATE OF NFW YORK) SS:COUNTY OF S�UF/F�OIX� ` � v UPDATED ^ i^ Jt�.. "�`^� of Mattltuck, NOTICE OF HEARING In said County, being duly sworn, says that he/she Is NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law Principal Clerk of THE SUFFOLK TIMES, a Weekly and the Code of the Town of Southold. Newspaper, published at Mattituck, in the Town Of that the application noted below will he continued at a public hearing before the Southold, County of Suffolk and State of New York, SOUTHOLD TOWN BOARD OF and that the Notice of which the annexed is a APPEALS,at the Southold Town Hall, 53095 Main Road, Southold, New printed copy, has been regularly published in said York 11971,on WEDNESDAY,JAN- Newspaper Once each week for weeks VARY 10,1996. 7:45 p.m. — Appl. of LOUIS scessively, commencing on the day of MOORE BACON (ROBINS IS- 1 19 cfn LAND).(Per Resolution of December _FYI 6. 1995.)This application shall include the following additional requests under the Southold Town Zoning Code based, �� upon the Notice of Disapproval amend- � �(� Jae ed January 2,1996,the grounds for dis- approval as follows: cNMSw VOUNSM C4 (C4.1) Agricultural Compound. Na wy Public,State of NewYa* Principal Clerk Under Article III — One-family No.60048M dwelling not to exceed one dwelling on Cualified in Suflalk each lot. Commission E rw N01Nplw1 77,1 B1.2 Mechanical Services Building ���- cf-/ 2 VJ__ and B2.1 MacKay Garage proposed to 111 �U: A be in excess of the 18 ft.height limita- Notary Public tion as accessory structures,Article III. Section 100-33A. Accessory buildings which will con- tain living quarters and/or exceed 18 ft. Sworn to-before me this /- height limitation also will be consul- de of ,L{` I(.(;,..�,1 ( 19 (" Bred for variances. y (Approvals required by the Zoning Board of Appeals before building per- r mits may be granted.) Location of Property:Robins Island, near North Race of Great Peconic Bay, Town of Southold.NY:County Parcel UPDATED NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the application noted below will be continued at a public hearing before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 10, 1996, : 7:47 p•m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND) . (Per Resolution of December 6, 1995. ) This application shall include the following additional requests under the Southold Town Zoning Code based upon the Notice of Disapproval amended January 2, 1996, the grounds for disapproval as follows: C4 (C4.1) Agricultural Compound. Under Article III - One-family dwelling not to exceed on dwelling on each lot. B1 .2 Mechanical Services Building and B2.1 Mackay Garage proposed to be in excess of the 18 ft. height limitation as accessory structures, Article I11, Section 100-33A. Accessory buildings which will contain living quarters and/or exceed 18 ft. height limitation also will be considered for variances. (Approvals required by the Zoning Board of Appeals before building permits may be granted.) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5. Dated: January 2, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS (516) 765-1809 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. (AMENDMENT) NOTICE OF DISAPPROVAL DATE: Jan. 2, 1996 . :.. . . .. . . . . . . . . . . . To James A. Thompson, Arch, A/c Robins Island Preservation Corp. 2 Lafayette Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Greenwich, Ct. 06830 . . . . . . . . . . . . . . . . . .. . . . . . . .. .. . . . . . . . . . . . PLEASE TARE NOTICE that your application dated . pc-t-o er. WA . ._._ . . . 19. 95. . . for permit to DEVELOP. ROBINS. . . . IS. .LAND at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property ROBINS ISLAND House No. Street Hamlet County Tax Map No. 1000 - Section . . . .134. . . . . BLOCK . . . . 3 . . . . . LOT .. 5. . ... . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . ..Lot No. . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . B.2. 1 MacKay Garage, B. 1 .2 Mechanical Service Building - Both exceed 18' height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . .. . . .. . . . . . . . . . . . . . . . . limitation for accessory structures - Article III Chapt. 100-33A. y� C. l taff . . . . . .. . .. . . .. . . . . . . . . . Quarters Agricultural Compound - Permitted use in an R-400 Zone, A . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . One Family Dwelling not to exceed one ( 1) Dwelling on each lot. l v al . . . . . . . . . . . . . . . . . . . . . • - - • - • - - -. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . Please note that the MacKay Cottage is considered the principal use on this . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . parcel at this time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. .. . . . .. . . . . . . . . . Action required by the Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . . • - - - - . . . . . . . - - • - • - • - - . . . . . . . . - - - -- . . . - •• •• . . .. .. . . ... . . . . . .. . . . . .:. . _ . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .• • • . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . )3iILDING INSPECTOR Gary J. Fish �y RV 1/80 EXII``.LBIT B TO APPLICATION FOR BUILDING PERMITS FOR ROBINS ISLAND Proposed Plan INTRODUCTION The following outline describes the intended use, features, and character of the structures anticipated to be constructed or renovated on Robins Island. This application seeks approval for a new residential structure intended to be the island's principal building, as well as approval for the repair, renovation and new construction of several dependant accessory and agricultural buildings and structures. All structures are referenced to the KEY FEATURES Legend of the accompanying diagram entitled"Robins Island- Proposed Plan", dated 1013/95 (Exhibit A). The Proposed Plan clusters activities in six (6) different sections of the parcel. For ease of reference, these sections have been identified as Areas A-F. A description of the activities the applicant seeks approval for are discussed below: ZONING ORDINANCE DATA Zone Classification: R-400 Low-Density Residential Tax Map Parcel #: 1000-134-3-5 Total Acreage: 435 acres Buildable Land: 309:3 acres (125.7 acres deducted for Freshwater and Tidal wetlands, slopes over 15%) Allowable Lot Coverage - 5% Proposed Lot Coverage- AREA "A" A.1 Pier and Docks: Existing structure,built in 1994. No permit action required. A.2 Boat House: Proposed new structure to provide for control of property access; storage and protection of equipment and vehicles; and comfort and safety of persons arriving and departing from the Island. Intended Use; Accessory Occupancy Classification; General Building Construction, C7 Miscellaneous Construction Classification; Type 5a Wood Frame Description; Spaces and Uses; High bay central space for passage of vehicles to pier, short term staging of materials and supplies in transit. Small boat storage on trailers or dollies Marine equipment storage l t Covered parking,4 vehicle capacity(including one dedicated emergency response vehicle) Restroom Sail loft Boat Captain/ Security/First Aid Station Construction; Heavy timber frame structure on granite block dais, driven wood piling with concrete grade beam foundation, wood plank mezzanine floors, exterior clad in cypress shingles, wood trim and detail. Partial crawl space, no basement. Building Area; Ground Floor Area- 5,500 s.f. Loft/Mezzanine Floor Area-1,500 s.f. Total 7,000 s.f. Floor Elevation - +/- 10' Above mean sea level Height(mean height between eaves and ridge above average grade): 32' - 35' A.3 Landing Craft Access; East of the pier is a dedicated landing zone with wood piling guide dolphins, and a stabilized vehicle ramp across the beach to provide for landing craft delivery of equipment and supplies. Construction of access ramp to conform with Coastal Erosion Hazard Area Regulations, Article 37-17.13.2 No building permit action anticipated. AREA "B" BA Lane House: Repair and Alteration of existing structure (built 1917-1919) for use as the hunting lodge and periodic guest quarters. Intended Use; Accessory Occupancy Classification; Group AI - One Family Dwelling Construction Classification; Type 5b Wood Frame Description; Spaces and Uses; Guest Quarters (6 bedroom suites) Shooting Sports Hospitality Service Kitchen Construction: Existing dimension lumber wood frame structure, full cellar(poured concrete), exterior clad in cedar shingles Building Area Cellar- 3,000 s.f. Ground Floor- 3,800 s.f. Second Floor- 3,000 s.f. Third Floor- 1,500 s.f. Total 11,300 s.f. Existing Height @ ridge- 48'-0" Height(mean height between eaves and ridge above average grade): 32' Frequency of Use; Periodic during spring and summer Weekends during fall and winter 2 B1.1 Garage Intended Use; Accessory Occupancy Classification; C4.1 Storage, low hazard Construction Classification; Type 4a Description; New construction Full Cellar and tunnel connection to Lane House and Mechanical Services B.1.2 Three (3) car capacity Building Area- 850 s.f. Height (mean height between eaves and ridge above average grade): +/-20' B.1.2 Mechanical Service Building; Intended Use; Accessory Occupancy Classification; C4.1 Storage, low hazard Construction Classification; Type 4a Description; New construction Full Cellar and tunnel connection to Lane House and Garage B.1.1 Floor Area- 850 s.f. Height (mean height between eaves and ridge above average grade): /-20' B.2 MacKay Cottage: Repair and Alteration of existing cottage, constructed 1917-1919. Intended Use; Accessory Occupancy Classification; Group Al - One Family Dwelling Construction Classification; Type 5b Wood Frame Description; Spaces and Uses; Center for Shooting Sports Activities Daytime social space Service Kitchen Overnight accommodations for shooting staff or guests(4 -6) Construction; Existing dimension lumber wood frame structure, full basement(poured concrete), exterior walls and roof clad in cedar shingles Building Area; Cellar- 1,400 s.f. Ground Floor- 2,500 s.f. Second Floor- 2,000 s.f. Total 5,900 s.f. Frequency of Use; Periodic during spring and summer Steady use on weekends during fall and winter B.2.1 Garage Intended Use; Accessory Occupancy Classification; C4.1 Storage, low hazard Construction Classification; Type 4a Description; New construction Full Cellar and tunnel connection to Mackay Cottage Three(3) car capacity 3 Floor Area- 850 s.f. Height (mean height between eaves and ridge above average grade): +/-20' B.3 Iee House: Repair of existing structure. Intended Use; Accessory Occupancy Classification; Storage C4.1, Low Hazard Construction Classification; Type 5b Wood Frame Description; Existing wood frame structure, brick foundation, crawl space, exterior clad in cedar shingles. Restoration to emulate original condition and details. Building Area; 252 s.f. Height(mean height between eaves and ridge above average grade); 21' BA Windmill Intended Use; Agriculture Description; Wood frame windmill tower for water pumping. Height; 60'-0" AREA "C" CA Recreation Building: New structure for year round athletic activities by family and guests. Intended Use; Accessory Occupancy Classification; Storage C4.1, Low Hazard Construction Classification; Type 5b Wood Frame Description; Spaces and Uses; Indoor Tennis Court (alternate use for basketball) Outdoor Tennis Court Squash Court Small bore rifle and handgun range (50 yd) Video Archery Range Supporting lounge and storage accommodations Dovecote Construction; Load bearing concrete masonry walls, Steel or glu-lam rigid frame long span structure. Gambrel roof barn form, clad in cypress shingles. Building Area; Ground Floor- 12,000 s.f. First Floor- 12,000 s.f. Porches - 4,000 s.f. Total 28,000 s.f. Height(mean height between eaves and ridge above average grade); 45'-0" C.2 Outdoor Tennis Court Standard doubles court with fenced enclosure 4 C.3 Play Field: Graded and mowed grass area for informal play and team sports. Alternate use as periodic pasture. Approximate area+/- 2 acres. No permit action anticipated. CA Farm Quadrangle: Repair and alteration of existing Workshop building, new construction of garages, storage, maintenance shops and mechanical services building. Intended Use; Agricultural Occupancy Classification; Storage C4.2, Moderate Hazard Construction Classification; Repair of existing building-Type 5aWood Frame New Construction - Type 4a Ordinary Description; Spaces and Uses; Farm Equipment Storage Forestry Equipment Storage Firefighting Equipment Garage General Vehicle Storage Maintenance shops Energy Plant and Central Boiler Fuel Storage ( in cellar) Operations Office Employee Restrooms General Storage Building Systems monitoring center Water System - Treatment and Control Refuse and recycling storage and handling Construction; Concrete masonry bearing walls with Heavy Timber Wood Frame, clad with cypress shingles. Building Area; Cellar- 7,000 s.f First Floor- 20,000 s.f. Second Floor- 8,000 s.f. Total 35,000 s.f. Height (mean height between eaves and ridge above average grade); 35'-0" C. Seasonal Staff Quarters ( Agricultural Labor) Dormitory type rooms with private baths to accomodate periodic overnight stays by up to four(4) employees. Shared kitchen facilities to be included. These facilities are proposed to be v incorporated into the second floor, west wing of the Farm Quadrangle. C.5 Barn:Repair and Alteration of existing 19th century bank barn for Gamekeeping and Equestrian Activities. Construction of new wing on south side. Intended Use; Agricultural Occupancy Classification; Storage C4.2, Moderate Hazard Construction Classification; Repair of existing building -Type 5aWood Frame New Construction -Type 5a Wood frame Description; Spaces and Uses; North Wing 5 Game Keeper's Equipment Storage 2 Staff Baths with Showers One car garage Mechanical Equipment Room Larder and Coolers East Wing ( 2 story, 1,500 s.f.) Feed Storage(Upland Birds, Waterfowl) Laundry Tack Room. South Wing( 2 Story w/loft, 4,500 s.f.) 4 Box stalls for horses Wash stall for care and grooming Feed Room Second Floor Equipment Storage (Ramp access for vehicles) Hay Loft Construction; Heavy Timber game with cypress shingle cladding Building Area; Basement- 4,600 s.f. First Floor- 4,600 s.f. Loft- 1,200 s.f. Total 10,400 s.f. Height(mean height between eaves and ridge above average grade); 35'-0" Frequency of Use; Year round Gamekeeping staff, Seasonal Equestrian staff C.5.1 horse Run-in and Paddock Intended Use; Agricultural Description; Open shed type run in. Post and rail paddock Building Area; 650s.f. Height(mean height between eaves and ridge above average grade); 12'-0" Frequency of Use; Seasonal C.6 Dog Kennels Intended Use; Agricultural Occupancy Classification; Storage C4.1,LowHazard Construction Classification; New Construction -Type 4a Ordinary Description; Interior and exterior runs for 8dogs. Storage for food and supplies Facilities for feeding,bathing,veterinary care Building area; 850 s.f. Height(mean height between eaves and ridge above average grade); 16'-0" Frequency of Use; Year round C.7 Caretaker Cottage Intended Use; Accessory Occupancy Classification; One Family Dwelling Construction Classification; New Construction -Type 5b Wood Frame Description; Two story, 3 bedroom, 3 1/2 bath 6 Building area; 2,500 s.f. Height(mean height between eaves and ridge above average grade); 25'-0" Frequency of Use; Year round C.8 Windmill Intended Use; Accessory Occupancy Classification; Type C7 Miscellaneous Construction Classification; New Construction - Type 5a Wood Frame Description; Water Storage for fire protection (25,000 gal.) Microwave Telecommunications Equipment Wind Generator Existing cistern for fire protection water storage(25,000 gal.) Building area; 1,250 s.f on various levels through tower Height(mean height between eaves and ridge above average grade); 75'-0 AREA "D" E.1 FamilyVacation House: Intended Use; Residential Occupancy Classification; One Family Dwelling Construction Classification; New Construction -Type 5a Wood Frame Description; 8 bedroom family residence with extensive public spaces Construction; Woodframe and Masonry Building Area; Cellar - 1,500 s.f. First Floor- 7,500 s.f. Second Floor- 5,000 s.f. Third Floor- 1,500 s.f. Total 15,500 s.f. Height(mean height between eaves and ridge above average grade); 45'-0" E.2 Swimming Pool E.3 Pool House- 1,200 s.f. Intended Use; Accessory Occupancy Classification; C4 Storage Construction Classification; New Construction- Type 5b Wood Frame Building Area: 850 s.f. Height(mean height between eaves and ridge above average grade); 16'-0" EA Garage w/staff quarters Intended Use; Accessory Occupancy Classification; C4 Storage, Low Hazard/ One Family Dwelling Construction Classification; New Construction -Type 5a Wood Frame Description Building Area: 1,800 s.f. 7 Height(mean height between eaves and ridge above average grade); 25'-0" AREA iIF" FA Gazebo: three units indicated at various locations Intended Use; Accessory Occupancy Classification; Not Applicable Construction Classification; New Construction -Type 5b Wood Frame Description; rustic shade structure crafted from natural shaped wood members, shingled or thatched, no utilities or mechanical infrastructure. Building Area; 200s.f. Height(mean height between eaves and ridge above average grade); Footnote; Zoning Classifications are derived from the"Code of the Town of Southold, Zoning, Chapter 100". Occupancy Classifications and Construction Classifications are derived from the "State of New York, Official Compilation of Codes, Rules and Regulations"; Part 600 Subchapter A and Part 650 Subchapter B. All proposed classifications stated in this document are subject to the rulings of appropriate state and local officials. 895POFU2.doc 10/04/95 3:15 AM 8 5 �( �i LANNING BOARD MEMBERS \ Town Hall,53095 Main Road RICHARDGaWARD Chair P.O. Box 1179 Southold,New York 11971 J GEOR.GE RITCHIE LATHAM,JR. '` BENNETT OR.LOWSKI,JR. P ' Fax(616)765-3136 �� �,� -ors: _, WILLIAM J.CREMERS Telephone(516) 765-1938 KENNETH L.EDWAR.DS PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Richard G. Ward, Chairman RE: Robins Island Request of Louis M. Bacon for Variances DATE: December 19, 1995 On December 2nd, Valerie Scopaz and I accompanied the Zoning Board of Appeals on its field inspection of Robins Island. The requested variances, as detailed in Mr. Bacon's application, were reviewed and found to be acceptable from a planning perspective. The request includes four height variances for accessory structures, one height variance for a new principal structure, permission to erect the new principal structure and three new accessory dwelling units, one of which will utilize the shell of the Lane manor. The total number of dwelling units would be six, of which one will be the principal unit and five will be the accessory units for caretaking staff. We have no hesitation in recommending the granting of all of Mr. Bacon's variance requests as applied for. Our support for the application is made in the following context: 1. Robins Island is an unusual property within the Town. It contains more than 300 acres of buildable land AND it is in single ownership. 2. Its geographic isolation from the rest of the Town imposes certain constraints on development. These constraints are significant enough that in the absence of the Bacon development scheme, the only other economically feasible development options are either higher residential density or a commercial operation. 3. The preservation of Robins Island to the greatest extent possible was a goal which the Planning Board supported. 4. The Bacon proposal represents an environmentally responsible development approach. The proposal involves The Nature Conservancy in the protection of the undeveloped portions of the island, an area which incorporates more than 95% of the total acreage (435) . 5. None of the variance requests are considered to be precedent setting or environmentally damaging in this context. The uniqueness of the island (geographic isolation and large land area) precludes the use of this case as a precedent for any other than a proposal of similiar size and scope. 6. Our Zoning Code was not designed to recognize estate-type developments such as this one. It was designed to deal with the development of comparatively small lots where the potential for negative impacts on surrounding neighbors by individual lot owners was significantly greater than would be the case on very large lots encompassing several hundred acres. 7. Practically speaking, estate-type properties cannot and should not be subject to the same degree of regulatory restrictions as small residential lots. The maintenance of such properties requires the like of caretakers, etc. which is not a necessity with the typical small residential lot otherwise found in Town. Our conclusions: since this development proposal represents an environmentally sensitive approach that is preferred to higher density development that is otherwise permitted by the Zoning Code, and since this development proposal is sensitive and responsive to the environmental constraints of the island, and since Mr. Bacon has committed himself to continuing this stewardship through binding agreements with The Nature Conservancy, the Planning Board and Ms. Scopaz support the granting his variance requests in total. In closing, I wish to thank you for extending to us the opportunity to accompany the Zoning Board on its field inspection, and to share our insights, particularly since this proposal does not involve a subdivision or a site plan. PECOptoNf LAND TRUST 0 296 Hamn Road,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 ` December 7, 1995 Ms. Linda Kowalski, Clerk Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Robins Island Dear Ms. Kowalski: As the Project Manager for Peconic Land Trust, I have participated in the Robins Island Working Group with the Nature Conservancy for the past two years. We have been involved in assisting with the development of Louis Bacon's and the Conservancy's natural resource documentation of the island. During this time we have built a relationship that is based on the responsible stewardship of Robins Island and commend Mr. Bacon for his commitment to a long-term management plan. In the past few months we have been updated on the status of Mr. Bacon's development plans and understand that he has applied for variances necessary to proceed with his building plans. Given his personal commitment to the stewardship of Robins Island, we wholeheartedly support Mr. Bacon's variance requests and hope that the Zoning Board of Appeals will recognize Mr. Bacon's positive contribution to the community. Thank you very much for your consideration. Si�nccereely, Melanie A. Tebbens Project Manager The � 9econic Bioreserve Natur IN Conservancy® One of the Last Great Places December 7 , 1995 Mr. Gerard P. Goehringer, Chairman Town of Southold, Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Chairman Goehringer and Members of the Board: I am writing in support of the recent application of Louis Moore Bacon for his restoration plan for Robins Island. The Nature Conservancy, an international conservation organization with local offices on Shelter Island, East Hampton and Cold Spring Harbor has been working closely with Louis Bacon for the last two years. our collaboration has resulted in a thorough inventory of the Island's rare and endangered species and unique natural communities. The proposed restoration plan carefully locates new development and restoration activities away from all endangered elements of concern. The applicant has permitted Nature Conservancy scientist to study habitat requirements of some of the endangered species on the Island, which has allowed for the most scientifically sound use plan possible, while also increasing our knowledge of these species. The plan also takes into account the natural process on the Island and ensures adequate coastal and wetland setbacks and groundwater recharge. In suitimary, Louis Bacon has demonstrated to The Nature Conservancy that any of his personal uses of the Island will be guided by sound scientific data and management practices. He has been an extraordinarily conscientious land owner to work with and we are confident in the environmental soundness of his plan. Sincerely, S a Daviso Executive Director Long island Chapter South Fork-Shelter Island Chapter Mashomack Preserve 250 Lawrence Hill Road P. O.Box 5125 P. O.Box 850 Cold Spring Harbor,NY 11724 East Hampton,NY 11963 Shelter Island,NY 11964 (516) 367-3225 (516) 329-7689 (516) 749-1001 recycled paper DEC — 1 1 — 9 5 M O N 1 5 e 1 4 P _ 0 2 01 CHARLES VMSiOCIATES, INC. ENVIRO NT CONSULTANTS December 11, 1995 Ms Linda Kowalski Town of Southold,Board of Appeals 53095 Main Road . P.O. Box'1179 Southold;.New York 11971 Re: Robins Island Environmental Review j . . , Dear Linda: As per our conversation, and as a follow-up to our last meeting with the Board of Appeals, please note that we expect to incur additional expense in review of the above referenced. project. This is primarily due to the anticipated submission of additional documentation to assist the ZBA. ru� ching a determination of significance. We are fipalI ing the request for additional information that was circulated to Board members in a draft form last week. If the Board is in agreement, and this scope of information is submitted by the applicant, this will add to the required services in review of the proposed project. Accordingly,it is this expense that would be additional to our present fee quotation. In addition,}f we are requested to attend additional meetings, these were not anticipated in the current scope of services. At resent,we have a contract for $1,200.00. With the submission of additional information, and the anticipated attendance at additional meetings, it is suggested that we establish an upset (not to exceed) fee of$2,400.W. This will allow an adequate budget so that we will not need to submit multiple change orders if additional services are required as the review process ploceeds. Please review this letter and advise me if this is satisfactory. If you have any questions, please do'not hesitate to call. Very truly yours, e Wles J. r i i 54 NORTH,COUNTRY ROAD. SUITE 2, MILLER PLACE, NY 11764 • (516) 331-1455 • FAX 331.8046 DEC-11-1995 12:50 ECOUISION, INC. 5167651766 P.02 Save \� the SAVE THE PECONIC BAYS, INC. 1035 HOBART ROAD SOUTHOLD, NEW YORK 11971 8C0nic PHONE: (516) 765-1766 Bays f c FAX: (516) 7654024 December 11, 1995 Southold Town Zoning Board of Appeals Southold Town Hall Main. Road Southold, New York 11971 To Whom It May Concern c As President of Save the Peconic Bays,I have been a member of the .Robins Island Working Group since its inception in January, 1994.Formed,in part, as an environmental "watch dog' group by Mr. Louis Moore Bacon and The Nature Conservancy, this group has been privy to, and has taken part in, the formulation of Robins Island as a single family estate, a preserve and a natural educational laboratory. In the past two years, the group, myself included, has become very impressed with Mr. Bacon's sincerity as a steward to, not only the Island, but the surrounding waters and land as well. Mr.Bacon and his employees seem to have a true concern for the native, natural world around them and have proven this, time and time again,with the ecologically sound choices they have made concerning the Island. Mr. Bacon has also impressed me with his want to be a good neighbor in his concerns for the Town of Southold and especially the hamlet of New Suffolk. In reviewing the Bacon's renovation and building plans, I have seen that the greatest care has been taken to create a vacation paradise for the family within the beautiful and fragile environment of Robins Island.Mr.Bacon's concerns as both a steward of the environment and a new Southold Town neighbor, I believe, have been addressed in these plans. We,in the Town of Southold,are very graced with having such a good steward as our new neighbor. If only all residents in the Town of Southold would strive, as Mr. Bacon and his staff did, to educate themselves on the importance of our natural environment and then take the actions needed to preserve the same. I hope the Zoning Board of Appeals will be as impressed with Robins Island's new owner and the care he is taking to reach an ecologically sound Lalance, as I have been as a member of the Robins Island Working Group. Sincere Yours, Gayle M /l Pre ' t, Save the Bays TOTAL P.02 December 6, 1995 Mr. Jerry Goehringer, Chairman Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Dear Mr. Goehringer: I am writing on behalf of Group for the South Fork to express our support for the land-use and preservation plan submitted by Louis Moore Bacon for Robins GROUP FOR Island. For many years, my organization has been strongly committed to the THE SOUTHFORK protection of Robins Island and the proper management of its fragile natural 117 Main Street resources. The current proposal addresses the vast majority of our concerns. P.O.Box sss P P j ty Bridgehampton,NY ll932 Althoughthe property did not come into public ownership as we had hoped, the 516-537-1400 P P tY P P P , FAX 516-537-2201 island's current owner has made extensive efforts to conduct a detailed natural Executive Director .resources investigation of the island, and has proposed a land-use plan that will Robert S.DeLuca provide for the full protection of the site's most fragile natural resources, protect Chairman its historic character and minimize new development. John F. Shea III Vice Chairmen East Hampton As a concerned member of the environmental community, Mr.Bacon has reached Richard T.Johnson out to our organization and endeavored to keep us informed of his progress and Shelter Island John F. Kelly commitments to open space preservation on the island. As a member of the Southampton Robins Island Working Group,I have had full access to the project designers,and Janke Rasary I believe that m input has been sought, respected and incorporated in planning Secretary Y � P g r P rP P g Sherrye Henry decisions about the island's future. Having been involved in the preservation, Treasurer management, and development strategies for the island, I now have every John Waddell confidence that Mr. Bacon will be a committed and responsible steward of Boar Billing rs .Robins Island. Kurt Billing Wilhelmus.B.Bryan III. Barbara Hayes Richard B.Jennings I understand that the current application before you may differ from-many of Richard Kahn those which you:have previously received, but I encourage you to provide Mr. Nancy Nagle Kelley Marsha Kenny. Bacon with the appropriate approvals that will allow him to finalize his nrnoldLeo�"s preservation and personal development plans for the island. Sandra R.Meyer Harriette Montgomery I appreciate attention to concerns, and I remain available to discuss any. Jonathan Piel PP your m Y Joseph B.Rose questions or concerns that you may have regarding my comments. Toni Ross Elizabeth Schaffner Victoriasmith Sincerely, Peter H.Stone Dr.Judith Sulzberger Mary Walker Dr.Judith S.Weis `�"sor Printed on recycled paper. Robert S. DeLuca President A not-for-profitorganizationprotectingthe enuironmentand rumlcharacter from Eastport to Montaukandacross Shelter/stand.Founded in 1972. a•,3� New Yo�k State Department of Environmental Conservatio�i �H �AYls f Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone 15161444-0365 ^' Cd Fax # (516) 444-0373 t 2 December 5, 1995 �O M4%VTpti CQ Michael 0. Zagsta Commissioner Southold Town Board of Appeals 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Re:SEQR Coordination Response Robins Island Proposal Plan, Southold. Dear SEQR Coordinator: An initial review by Department staff indicates that the NYSDEC may be an involved agency as defined in SEQR (6 NYCRR Part 617) pursuant to the issuance of a Long Island Well Permit (6 NYCRR PArt 602) and a Tidal Wetlands permit (6 NYCRR Part 661) for this project. However, as of this writing, no applications G--- have been received by DEC. _ Please be advised the DEC has no objection your agency or another agency assuming lead agency for this action as the anticipated impacts are primarily of local significance. The DEC does however, reserve the right to comment on the action if a positive determination of significance is made. Please feel free to contact me at (516) 444-0403 for further information or discussion. Sincerely; Kevin Kispert Environmental Analyst I r � ��gUFFO(,�co APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen,Jr. P.O. Box 1179 James Dinizio,Jr. '�Ol �a0 Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS E C E I V E TOWN OF SOUTHOLD Hand Delivered November 15, 1995 NOV 1 6 M NYSDEG Regulatory Services TO: (XX) Suffolk County Department of Health Services (XX) N.Y.S. Department of Environmental Conservation (XX) Southold Town Trustees (former Lead Agency) RE: Robins Island, Town of Southold - ID #1000-134-3-5 COORDINATION UNDER SEQRA As part of the reviews required under Part 617 of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold, this department has received an application for multiple variances under the Southold Town Zoning Code. This Department hereby coordinates this application to your agency at this time to determine: (X) This project is subject to SEQRA and will be determined to be a Type I Action (located in a Critical Environmental Area expanded pursuant to Section 37-7A of the Suffolk County Charter) ; (X) Your interest for the Lead Agency Determination is requested and your response indicated below and returned to our office. Considerations under SEQRA in this project may also include the new location and construction of access drives, drainage facilities, new lawn areas and removal of trees for the necessary location and construction of the buildings, all accessory structures, septic systems, water wells, and any proposed alterations or modifications to existing land contours and direction of rain water runoff. Upon receipt of the following, an on-site inspection will be held (tentatively set for December 2, 1995) , and the following information has been requested from the applicant for receipt by December 1, 1995 for review at a tentative public hearing to be held on December 6, 1995: (a) seven (7) copies or sets of rough sketch(es) of every building and structure showing the height and elevations with roof styles. (These sketches were not, we understand, submitted to the Building Inspector for consideration when the Notice of Disapproval was T '� ' :+aei,.n«�aKnPw".�.�aad.�6 '�•.. y�r,(�, ..•., ova..ziac.r .s..twx:zceata,�.e<" wt' ..o-u....,:�:ewe,c....u: • •.�. •.. .e {-.. —tPage 2 - Coordinati Re: Robins Island lking Variances issued, and the Southold Town Zoning Code defines different rules for different roof styles. (b) information such as proposed drainage facilities to show adequacy to retain waters due to rainfalls and runoff from the buildings and impervious surfaces; (c) status with County Health Department, Town Trustees and N.Y.S. Department of Environmental Conservation (which status info was not shown on page 5 of the LEAF at Exh. 8.) If approvals were received, please furnish. If approvals are pending, please furnish copy of filing receipt with reference number or recent correspondence from that agency. Other information may be deemed necessary as a result of the necessary formal reviews in this project and filing with other agencies for required permits. Dated: November 15, 1995. SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road, P.O. Box 1179 Southold, NY 11971 (516) 765-1809 Reply Comments as follow: vie R- /2ISl4S l2 2i . 4 / 4 • Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEWYORK 11530-4838POST OFFICE BOX 1051 (SIB) 427-2650 f5161 632-]500 ROCHESTER, NEW YORK 14603 ' - _ b 16I 263-1000 FAX:(516) 032-7556. 1600 MAIN PLACE TOWER - BUFFALO,NEW YORK 14202 SUITE JOO (7I6) 853-8100 ONE THOMAS CIRCLE WASHINGTON,O.C.20005 437 MAO16pN AVENUE (202) 457-5300 NEWYORK,NEWYORK IOO22 WRITER'S DIRECT DIAL NUMBER: (212) 940-3000 (516)832-7540 December 1, 1995 VIA AIRBORNE EXPRESS Roy Reynolds, P.E. Office of Wastewater Management Suffolk County Department of Health Services County Center Riverhead, New York 11901 RE: Robins Island Dear Roy: As per our discussion, enclosed please find an Application for Approval to Construct Sewage Disposal and Water Supply Facilities for Robins Island, submitted on behalf of Louis Moore Bacon. We also enclose the following: • Check made out for $330 . 00 payable to Suffolk County Environmental Health; • (3) Copies of map of Proposed Plan of Development, overview of Sanitary and Potable Systems, prepared by LEG, dated 11/29/95 (1 to 200 scale) (forwarded in separate Airborne package) , along with (3) copies of Figures 1 - 3 (scale 1 to 100) of the Sanitary and Potable Systems Layout, prepared by LBG, dated 11/28/95) . • (3) Copies of Robins Island General Description of Proposed Potable Water Systems prepared by LEG Engineering Services, P.C. ; • (3) Copies of Sanitary Waste Disposal Systems Design prepared by John J. Raynor, P.E. • Copy of application submitted to Southold Zoning Board of Appeals and exhibits . • Attachment "A11 to Full Environmental Assessment Form for Robins Island. GC01:33225 35521/3 Nixon,.Hargrave, Devans & Doyle up Roy Reynolds, P.E. December 1, 1995 Page 2 There are several maps contained in Attachment "A" to the Environmental Assessment Form that I believe SCDHS will find helpful in terms of reviewing our application. Also, at our last meeting with you, Joe, Vito and Bob Farmer, we provided a copy of a Preliminary Hydrogeologic Assessment of Robins Island to Vito which also may be of assistance to you when reviewing our submittals . Please let me know if you need any additional information or if you have any questions . Thanks for your assistant in this matter. Sincerely, jev�i�nS. Law KSL:cm r Encls . CC : Louis Moore Bacon James A. Thompson, Architect Joe Raynor, P.E. Russ Slayback, P.E. , LBG Engineering Services Joseph Baier, Director, Division of Environmental Quality 7 Southold Zoning Board of Appeals GC01:33225 35521/3 DEC- 4-95 MON 18 07 NIX Ij LONG ISLAND- FAX NO. 51,627555 P. 02 y Nixon, Hargrave, Devans & Dovle LLP AttotAeys and Counselors at Law 990 5TEWART AVMNUE u1NTON SOU-RE B RP R F05T OFF{CE Box 1911 ALBANY, NEW EW Y09x 12q 330T GARDEN CITY, NEW YORK I153O^483A ROCNE6TER�NEW TOR. "603 16161 42T-]650 (516) 633-7S00 D,$) zo..1000 FAX:(S16) 832-T555 1600 MAIN PLACE TOWER -- SWTC Too BUFCALO�NEW YORK 16202 ONC 1e1OMA8 C1-CLR {y10) 053-6100 -... _ WAL R 1NOTON.O'C'20003 (2021 4S7-6309 431 MAW50R—..UC WRITER'S DinECT DIAL NUMBER! NEW YORK,NEW PORN 10022 (61G)61 92832_T660 (R1R19e0'3000 December 4, 1995 VIA FACSIMILE 765-1823 Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island Dear Linda At the Board's site inspection of Robins Island on Saturday, December end, one of your Board members, Lydia Tortora, requested that we clarify the fact that the proposed vacation home (D. 1) will be set back morethan 100 feet landward from the top of the bluff . Attachment "A" to our Environmental Assessment Form states that the home would be only "not less than 75 teet landward of the top of the bluff . "- (See page 67) . Accordingly, the vacation home is now proposed to be significantly further away from the building setbacks established by the Town In addition, we will be providing the Board's environmental consultant Chick Vorhees with a copy of the plans we submitted to the Suffolk County Department of Health Services for water and septic approvals . We will hand deliver those to Chick on Wednesday night . 35521/3 GC01:33303 DEC-,4-95 MON 18:08 NIjj LONG ISLAND FAX NO, 5W27555 P, 03 Nixon, Hargrave, Devans & Doyle us zoning Board of Appeals December 4, 1995 Page 2 I hope this information is helpful to the Board. Please let us know if the Board requires any additional information. otherwise, we look forward to participating in the public hearing on Wednesday. Thanks for your assistance in this matter. Sincerely yours, fevi n S. Law KSL:cm CC : James Thompson GC01:33302 / ROBINS ISLAND OPOSFD PLAN/BUILDING& STRUCTURES ESTIMATED CLEARIN , EXCAVATION ANDCQVERAGE Width Length Depth of Area of Volume of Area of Excava- Clearing Excavation Coverage * tion Island Access Area (ft.) (ft.) (ft.) (sq. ft.) (cu.ft.) (sq. ft.) A.1 Pier, Docks & Landing Craft Slip A.2 Boat House 68 80 4 01 1 22,000 5,500 B. Hinting Dodge Comm B.1 Lane Lodge 47.5 80 12 1 0 0 3,800 B.1.1 Garage 25 34 10 1,250 8,500 850 B.1.2 Mechanical Services Building 25 j 34 10 1,250 ! 8,500 850 B.2 Mackay Cottage 35 71 10 0 0 2,500 B.2.1 Garage 25 34 4 ! 0 3,400 850 B.3 Ice House 16 16 0 0 0 256 BA Windmill j 20 20 0 0 0 400 C. Farm Center C.1 Recreation Building 80 150 12 16,000 144,000 12,000 C.2 Outdoor Tennis Court 60 120 2 10,000 14,400 7,200 C.3 Sporting Clays j 4 4 12 1,400 192 50 CA Agriculture/Maintenance 40 ! 500 12 i 12,000 180,000 1 20,000 Compound C.4.1 Workshop j(Included in CA) C.5 Barn 30 j 153 12 I 0 j 19,800 4,600 C.5.1 Horse Run-in & Paddock 18 35 0 0 0 630 C.6. Dog Kennels 16 40 4 0 2,600 850 C.7 Caretaker Cottage 28 45 10 2,000 12,500 I 1,250 C.8 Windmill 35 35 8 0 j 9,800 ! 1,225 C.9 Fire Protection Cistern 18 20 10 0 0 360 C.10 Helipad (80 ft. diameter i N/A) I I D. Family Area: D.1 Family.Vacation House 45 166 12 15,000 90,000 7,500 D.2 Pool 40 100 8 6,000 32,000 4,000 D.3 Pool Cabana 18 47 4 1,250 3,400 850 DA Garage with Staff Quarters 25 50 4 2,500 5,000 1,250 i E. C*�ebo Sites (31 20 20 0 0 0 1,200 Totals: 689650 556,092 77,971 *Notes: 1- Coverage=ground floor area of all impermeable structures. 2- Does not include buildings to be demolished(13.5 and C.4.2) ROBIM ISLAND PROPOSED PLANMADSo PARKING AND PONDS ESTIMATED LEA INGT EXCAVATION AND COVERAGE Width Length Depth Area of Volume of Area of Clearing Excavation Coverage Roads (ft•) (ft.) (ft.) (sq.ft.) (cu. ft.) (sq. ft.) (primary) 13 15,200 3 1,520 * 592,800 permeable n/a Roads 10 11,200 3 1,120 * 336,000 permeable (Secondary) n/a Parking Cumulative Total 3 57,050 171,150 permeable (Islandwide) n/a Manmade Total = +-140,000 3 70,000 420,000 n/a Freshwater Ponds (sq.ft.) (7) Subtotals: 129,690 1,519,950 0 Grand Totals: 198,340 2,076,042 779971 ** (including amounts (76890 cub. from Areas A-E) ,yds.) * Clearing for 90% of existing primary and secondary roads is pre-existing ** Building Area= 309.3 acres/Coverage 77,971 sq. ft. = .579% (as defined by Town of Southold) DEC- 4-95 MON 10:21 NIX HARGRAVE FAX NO, 516,""27337 P. 01 Nixon, Hargrave, Devans & Doyle LIX PRIVILEGE AND CONFIDENTIALITY NOTICE Attorneys & Counselors at Law The information in this fax is intended for the named recipients only. It may contain privileged and confidential 990 Stewart Avenue matter. If you have received this fax in error, please notify Garden City, New York 115304838 us immediately by a collecttelephone call to(516) 832-7500 (516) 832-7500 and return the original to the sender by mail. We will reimburse you for postage. Do not disclose the contents to Fax: (516) 832-7555 anyone. Thank you. FAX To: Fax #._ ^ Telephone #: 1) Linda Kowalski (5161 765 1823 _ 3) �.. — 4) _. ._.._ _.... . ...... .. .. -._.._.—.. ..._ 5) INTERNATIONAL PHONE NUMBERS MUST INCLUDE COUNTRY a CITY CODE.,SEE LOCAL wHITF PAGES FOR CODES NEEDED. No, of Pages' 4 GlienUMatter: 35621-3 From: Kevin S. Law, Esq. Date: December 4, 1995 including cover aneeU Comments: Jerry asked me to fax this to you. Regards. Kevin IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CONTACT THE FAX OPERATOR AS SOON AS POSSIBLE AT: (516) 832-7500. THANK YOU. TIP, BY CONFIRMATION: GATE SENT —�_- ---- '—"— DEC- 4-95 MON 10:22 NIXON ARGRAVE FAX NO. 5168327337 P, 02 Y ROBINS I&&A_ND,PROPQWD__.,PLAN SUMI 'K • Louis Moore Bacon desires to use Robins Island as a family vacation retreat_ and to continue the Island' s historic use as a private shooting preserve.' • Mr. Bacon' s Proposed Plan for Robins Island includes only those uses permitted in the R-400 zoning district in which the Island is located: residential structures, agricultural operations and accessory buildings and facilities. Accordingly, there will not be any commercial or industrial activities on the Island. • The Proposed Plan includes the maintenance and repair of existing structures, the replacement of several facilities, construction of a single-family vacation home as the principal building on the Island and the construction of several new agricultural buildings and accessory structures. The existing structures on the Island pre-date the zoning ordinance of the Town of Southold_ • Mr. Bacon has incorporated all of the information included in the various environmental and engineering reports, studies and surveys he has commissioned and the advice he has received from The Nature Conservancy and other East End environmental organizations into the design and layout =:f the Proposed Plan to avoid any significant impacts to the cultural and natural resources on Robins Island. Thus, the Proposed Plan avoids any significant environmental impacts to the Island and demonstrates how Mr. Bacon intends to be a careful steward of the Island. • The Proposed Plan envisions activities to be located in four different sections of the Island: A) Island access Area; B) Hunting Lodge Complex; C) Farm Center; D) Family Area. Over 920 of the island will remain largely in its natural state and will not be affected by the Proposed Plan_ Althouga Mr. Bacon is entitled to cover. 5% of the Island with building footprints, his Proposed Plan calls for coverage of approximately half of one percent (0 .57911;) of the Island (only 1. 79 acres out of 435 acmes) . • (variances Sought) Mr. Bacon seeks five (5) height variances: four (4) for accessory structures which as proposed exceed the 18 foot height- limitations set forth in the Town Code and one (1) height variance for the family vacation home which exceeds the height limitation of. 35 feet as set forth in the ' Hunting activities will not be open to the general public. Only Mr. Bacon and his guests will participate in such activities. In addition, Mr. Bacon will not be charging any fees to his guests for the hunting activities or overnight accommodations_ 36511/3 GC07:33015 DEC- 4-95 MON 10:22 NIXON HARGRAVE FAX NO. 5168327337 P, 03 Code. In addition, Mr. Bacon seeks four (4) variances to construct and/or complete construction, of a new principle building (the family vacation home) , as well as three accessory dwelling units : the Lane House, a new caretaker' s cottage and new periodic staff quarters above the garage to the vacation home. All other activities in the Proposed Plan simply require the issuance of a building permit. • Traditionally five (5) dwelling units were situated on Robins Island. Mr. Bacon' s Proposed Plan calls for six (6) structures containing habitable quarters, which is not a significant deviation from the number of dwelling units that have historically existed on the property. The only year- round use in any of the structures containing habitable quarters will be in the caretakers cottage. All other structures will only be uvsed„periodically throughout the year by Mr. Bacon, his family, guests and staff . • There are over 5 .2 miles of coastline on Robins Island, yet besides the small, gazebos, only two new structures will be visible from the coastline; the boathouse and the vacation house. The Lane Lodge and Mackay Cottage are already visible from the north and northeast . In addition, except for the proposed windmill, none of, the structures will be higher than the existing tree line, which tree line will presumably increase over time . • All new buildings will architecturally be designed to be consistent with those structures currently on the Island and those in, the surrounding communities. • The Proposed Plan for Robins Island is consistent with the recommendations contained in the Town Master Plan. The Proposed Plan will be in harmony with the Town Code which seeks to preserve large quantities of open space and the rural character of the Town. In addition, the Plan avoids subdivision of the Island and keeps the property in single ownership. • The public benefits of the Proposed Plan exceed the private benefits obtained by Mr. Bacon as most of the Island will remain undisturbed. The Proposed Plan for Robins Island will observe the spirit of the Town Code, further the public interest, protect the public safety and welfare, avoid any negative impact to the environment and will have an overall positive affect on the local economy. In addition, Mr. Bacon has become and will continue to remain one of the Town' s largest employers and one of the largest purchasers of local goods and services. GC01:33015 _ 2 35321/3 DEC- 4-95 MON 10:23 NIXON ARGRAVE FAX NO. 51683 7337 P. 04 LIST OF LiXIS'TIN'G AIY:D_ PROPOSED S`I_Ri1CTURES FdR_ROBZNS ISLANTi„ PRCPOSED„PLAN A. Island Access ,Areal A. 1 Pier, Docks and Landing Craft slip (existing) A. 2 Boat House (new) [heigk)t variance required] B. Huntina__LQdge_,9gmp.lex B . 1 Lane Lodge (existing) Cuss variance required] 13.1 . 1 Garage (new) [height variance required] B.1,2 Mechanical Services Building (new) [height variance required] B. 2 Mackay Cottage (existing) B.2 .1 Garage (new) 13. 3 Ice House (existing) B.4 Windmill (new) 13 . 5 Duck inn (to be demolished) C. Farm Center C. 1 Recreation Building (new) [height variance required] C. 2 Tennis Court (new) C.3 Sporting Clay Masts (7) (new) C.4 Agricultural/Maintenance Compound (new) C.4 . 1 Workshop (existing) C. 5 Gamekeeper/Equestrian Barn (existing) C. 5 . a, Horse Run-Ins and Paddock (existing) C. 6 Dog Kennels (existing) C. 7 Caretaker Cottage (new) [use variance required] C_ 8 Windmill/Telecommunication Tower (new) C. 9 Fire Protection Cistern (existing) C. 10 Helipad (new) D. Lamily Area D.1 Family Vacation Home (new) [height and use variance required] D.2 Pool (new) D.3 Pool Cabana (new) D.4 Garage with Staff Quarters (new) [height and use variance required.] E. Gazebos (3) (new) 1 Letters and numbers refer, to the identifications on the "Proposed Plan., Zoning Variance .Application" Schematic Diagram prepared by James A. 'Thompson, Architect. (See copy attached) . 35521/3 GCO1:d3039 r� Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEW YORK IIS30-4838 POST OFFICE BOX IOSI (518) 427-2650 f 516) 832-]500 ROCHESTER,NEW YORK 14603 ' (]I6) 263-1000 FAX: (816) H32->555 1600 MAIN PLACE TOWER BUFFALO,NEW YORK 14202 016) 853-8100 SUITE ONE THOMAS CIRCLE WASHINGTON,D.C.20005 437 MADISON AVENUE (202) 457-5300 NEW YORK,NEW YORK 10022 12121 940-3000 ' WRITER'S DIRECT DIAL NUMBER: pp`mom,- (516)832-]540 November 30, 1995 / VIA AIRBORNE EXPRESS Gerard P. Goehringer, Chairman Board of Appeals Town of Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Robins Island Dear Mr. Goehringer: Thank you for your letter dated November 14, 1995 concerning Louis Moore Bacon' s variance requests to the Board of Appeals for his Proposed Plan for Robins Island. We are providing the Board with some additional information (enclosed) and respond to your letter accordingly. A. Rough Sketches As per our discussion, rough sketches are not available for the new buildings and structures presented in the Proposed Plan, nor did the Southold Building Department require copies of the rough sketches when we submitted our comprehensive permit t� application for the Proposed Plan. As the construction phase b i(3�-"��/ will take place over the next five (5) years, we were informedito present drawings of the proposed structures at the time we actually seek the respective building permits and that is how we have been proceeding. However, as we also discussed, in lieu of producing the rough sketches we are prepared to bring a model of Robins Island to the initial public hearing which will depict all of the proposed structures including those we seek variances for. We are sure the Board will find this model very informative . GC01:33154 35521/3 Nixon, Hargrave, Devans & Doyle LLP Board of Appeals November 30, 1995 Page 2 Moreover, we have already provided the Board with a descriptive text of the proposed structures including the proposed height of said structures in the Project Description contained in Attachment "A" to our Full Environmental Assessment Form ( 11EAF11 ) (pp. 8-19) previously submitted. All of the new structures described in the Project Description will have a "gable" style roof . In addition, Mr. Bacon' s architect, James Thompson, will <-be present at the public hearing on December 6th to more fully t describe the proposed structures and to answer any questions the Board may have . s .M B . Drainage and Runoff There will be no impervious services impacting the drainage capabilities of the Island or creating any road runoff issues except for the roofs of the proposed buildings and structures . Rain from the roofs will be collected and piped to a ` drywell and recharged back to the aquifer. As there are no roads or trails along the coast of the Island, there should be no concern of any road runoff going into the Peconic Bay. (See Attachment "Al' to the EAF for a further discussion on these issues) . C. Permits and SEORA Determinations Obtained to Date We previously forwarded to the Board copies of all permits obtained from the Southold Building Department pertaining to Robins Island. (See Attachment to Ex. 2 to Variance Application) . In addition, we now enclose two (2) copies of all permits obtained from the New York State Department of Environmental Conservation ( "DEC" ) and the Southold Trustees pertaining to Robins Island, which permits are all applicable to various completed and/or ongoing tidal and freshwater wetland activities . We have also enclosed all SEQRA determinations made to date (all the activities were viewed as Type I actions and Negative Declarations were issued by the Town Trustees who acted as lead agency for the wetland activities) . Please let us know if you need any further information regarding these permits and SEQRA determinations . D. Status of Other Permit Applications 1 . Water and Septic We will be filing plans for potable water supply and sanitary design facilities with the Suffolk County Department of Health Services ( "SCDHS" ) on Monday, December 4th. As we GC01:33154 35521/3 Nixon, Hargrave, Devans & Doyle ur Board of Appeals November 30 , 1995 Page 3 discussed, we have already had several meetings with SCDHS regarding the Proposed Plan and have sought and incorporated their suggestions into the design of these systems . SCDHS informed us that while they could review our plans they would not be in a position to approve the applications until they receive a SEQRA determination from the Town. Thus, we look forward to receiving a determination of significance from the Board in the near future . We will be happy to provide the Board with a copy of our submittals to SCDHS upon request . 2 . Helipad and Seaplane Landing Area We are in the process of filing our Notice of Landing Area Proposal with the Federal Aviation Administration ( "FAA" ) for the proposed helipad and seaplane landing area. No permit is required from FAA. We will be happy to provide the ZBA ( with copies of said Notice and any additional information regarding the landing areas upon request . 3 . Wetlands It is our belief that none of the activities in the Proposed Plan will require a freshwater or tidal wetland permit from DEC or the Trustees as the plan was designed to avoid impacts to any wetlands and their adjacent areas . We have confirmed with the Trustees, DEC and the Building Department that no permits are needed for the creation of the manmade ponds as they are outside any wetlands regulated areas . We are presently ttempting to secure a Letter of Determination from DEC and the Trustees representing that the proposed Boathouse (A. 2) also does not require the issuance of any wetland permit as it is proposed to be constructed beyond the 10 foot contour. Upon clarification of this issue we will share it with the Board. E. Fire Protection As discussed in Attachment "A" to the EAF, all the primary roads on Robins Island will be wide enough for access by fire and emergency vehicles . Thus, no variance to the requirements of Section 280 (a) of the New York State Town Law are required. In addition, we recently received word from the Cutchogue Fire District that they support the creation of a fire protection district for Robins Island and thus we look forward to entering into a relationship with the Cutchogue Fire District for firematic and emergency rescue services for the Island in the near future . GC01:33154 35521/3 Nixon, Hargrave, Devans & Doyle LLP Board of Appeals November 30 , 1995 Page 4 F. Clearing Issues Enclosed please also find a chart describing the estimated clearing, excavation and coverage for the Proposed Plan' s roads, parking and ponds . As you can see, both the amount of coverage and the amount and depth of excavation are well below the amounts that are permitted under the Southold Town Code and do not pose a threat to the strata of subsurface glacial deposits which make up the Island' s sole source aquifer. For additional information regarding how the Proposed Plan avoids any environmental impacts to the natural and cultural resources of Robins Island and for the other SEQRA-related issues p raised in your letter, we direct the Board' s attention to pages 64 through 86 of Attachment "A" to the EAF previously submitted. G. Other We want to bring to the Board' s attention a discrepancy in our prior submittals . In those submittals we indicated that the Lane Lodge (B. 1) was 48 feet tall . We based that information on the historic field measurements provided to us from the prior owners . However, our recent survey of the Lane Lodge indicates S that the house is smaller than what Mr. Lane thought and stands 7 at approximately 35 feet tall . Accordingly, please disregard any L / references to the Lane Lodge being 48 feet tall contained in our application concerning the height variances . CONCLUSION We hope this information was helpful to you. If the Board needs any additional information from us, please let us know. We look forward to meeting members of the Board and other Town officials at the site inspection on Saturday, December 2nd, and we look forward to further discussing Mr. Bacon' s application with the Board at the initial public hearing on December 6th. Thank you for your assistance in this matter. Sincerely yours, Kevin S . Law KSL: cm CC : Louis Bacon James Thompson, Architect CC01:33154 35521/3 (� ,✓1 D U APPEALS\BOARD MEMBERS y o < Southold Town Hall Gerard P. Goehringer,Chairman v;. ,� ; >Fair:Road Serge Doyen,Jr. P.O. Box 1179 James Dinizio, Jr. Ol # �a0 Southold, New York 11971 RobertA. Villa I.,ax(516) 765-I&23 Lydia A.Tortora Telel)hone (. 16) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM' FOR COORDINATION TO: Chairman and Board Members, Planning Board Chairman and Board Members, Town Trustees Building Department, Attn: T. Fisher FROM: ZBA DATE: November 30, 1995 SUBJECT: Coordination on Projects (Possible Jurisdiction and Reply Request) This will confirm that the attached Agenda will show the upcoming meeting of the Board of Appeals with the matters to be heard. It does not appear that any of these projects will be under a site plan or subdivision application, however, if you have an application pending which is under review, please forward your comments. We will then be in a position to coordinate the same with the applicant. FGt APPEALS BOARD MEMBERS 0 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. '11p1 Southold, New York 11971 Robert A. Villa =" Fax (516) 765-1823 Lydia A. Tortora Fax (516) 765-1809 BOARD OF APPEALS E C E I V E TOWN OF SOUTHOLD Hand Delivered November 15, 1995 NOV ! 61995 NYSDEC Regulatory Services TO: (XX) Suffolk County Department of Health Services (XX) N.Y.S. Department of Environmental Conservation (XX) Southold Town Trustees (former Lead Agency) RE: Robins Island, Town of Southold - ID #1000-134-3-5 COORDINATION UNDER SEQRA As part of the reviews required under Part 617 of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold, this department has received an application for multiple variances under the Southold Town Zoning Code. This Department hereby coordinates this application to your agency at this time to determine:' (X) This project is subject to SEQRA and will be determined to be a Type I Action (located in a Critical Environmental Area expanded pursuant to Section 37-7A of the Suffolk County Charter) ; (X) Your interest for the Lead Agency Determination is requested and your response indicated below and returned to our office. Considerations under SEQRA in this project may also include the new location and construction of access drives, drainage facilities, new lawn areas and removal of trees for the necessary location and construction of the buildings, all accessory structures, septic systems, water wells, and any proposed alterations or modifications to existing land contours and direction of rain water runoff. Upon receipt of the following, an on-site inspection will be held (tentatively set for December 2, 1995) , and the following information has been requested from the applicant for receipt by December 1, 1995 for* review at a tentative public hearing to be held on December 6, 1995: (a) seven (7) copies or sets of rough sketch(es) of every building and structure showing the height and elevations with roof styles. (These sketches were not, we understand, submitted to the Building Inspector for consideration when the Notice of Disapproval was M APPEALS BOARD MEMBERS 15 Southold Town Hall Gerard P. Goehringer, Chairman ; 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUT TOLD Hand Delivered November 15, 1995 TO: (XX) Suffolk County Department of Health Services (XX) N.Y.S. Department of Environmental Conservation (XX) Southold Town Trustees (former Lead Agency) RE: Robins Island, Town of Southold - ID #1000-134-3-5 COORDINATION UNDER SEQRA As part of the reviews required under Part 617 of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold, this department has received an application for multiple variances under the Southold Town Zoning Code. This Department hereby coordinates this application to your agency at this time to determine: (X) This project is subject to SEQRA and will be determined to be a Type I Action (located in a Critical Environmental Area expanded pursuant to Section 37-7A of the Suffolk County Charter) ; (X) Your interest for the Lead Agency Determination is requested and your response indicated below and returned to our office. Considerations under SEQRA in this project may also include the new location and construction of access drives, drainage facilities, new lawn areas and removal of trees for the necessary location and construction of the buildings, all accessory structures, septic systems, water wells, and any proposed alterations or modifications to existing land contours and direction of rain water runoff. Upon receipt of the following, an on-site inspection will be held (tentatively set for December 2, 1995), and the following information has been requested from the applicant for receipt by December 1, 1995 for review at a tentative public hearing to be held on December 6, 1995: (a) seven (7) copies or sets of rough sketch(es) of every building and structure showing the height and elevations with roof styles. (These sketches were not, we understand, submitted to the Building Inspector for consideration when the Notice of Disapproval was Page 2 - Coordination• • Re: Robins Island Zoning Variances issued, and the Southold Town Zoning Code defines different rules for different roof styles. (b) information such as proposed drainage facilities to show adequacy to retain waters due to rainfalls and runoff from the buildings and impervious surfaces; (c) status with County Health Department, Town Trustees and N.Y.S. Department of Environmental Conservation (which status info was not shown on page 5 of the LEAF at Exh. 8.) If approvals were received, please furnish. If approvals are pending, please furnish copy of filing receipt with reference number or recent correspondence from that agency. Other information may be deemed necessary as a result of the necessary formal reviews in this project and filing with other agencies for required permits. Dated: November 15, 1995. SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road, P.O. Box 1179 Southold, NY 11971 (516) 765-1809 Reply Comments as follow: TO: ZBA Chairman and Members RE: FYI _ Robins Island Application FROM: Linda 11/8/95 Delivered to ZBA for review - Appeals for zoning relief and LEAF. Application to be accepted for Completeness within 10 days of delivery (no alternative action was suggested as of 11/27) . 11/16/95 - Letter sent to applicant requesting sketches of building and confirming inspection date for: Sat. , Dec. 2nd at 9 - 9:15 a.m. at New Suffolk property. Applicant will arrange for transportation to and around Island. 11/16 LEAF was coordinated with the following for possible lead agency recommendation. (Town Trustees has been lead agency under six other permit approvals. ) Town Trustees (present lead agency) 11/15 hand del. County Health 11/16 hand delivered. DEC 11/16 hand delivered. ZBA Env. Consultant 11/9 hand delivered. Responses (if any) to be added: Town Trustees (meets 11/30) County Health DEC Dec. 6th Resolution. Designation of Lead Agency and Type of Action to be adopted (deadline 12/7) . Note: Also, 12/6 ZBA preliminary hearing is similar to a pre-scoping session and provides opportunities to discuss recent inspection by board members and discuss environmental concerns. Information which may be needed by individual board members can also be requested at this time. Further documents should be submitted within 10 days, by Fri 12/15. ZBA Members again shall review all documentation, and: On or before Jan 10, 1996 Town shall "determine significance or non-significance" and adopt findings and determination as a CND (negative with conditions) for filing with DEC in Albany and local agency. Once filed, DEC will publish in Environmental Notice Bulletin (ENB) for 30 days. Jan. 10 or early Feb. - final hearing on variance application depending on resolutions adopted by lead agency for proceeding. (ZBA's deliberation period can extend up to 62 days after close of final hearing on variance relief.) Total time period expected: Nov. 8 thru Jan. (or Feb.-March). Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE A LBANY. NEW YORK 12207 CLINTON SQUARE GARDEN CITY, NEW YORK 11830-4838 .POST OFFICE BOX 051(sl el YORK (516) 832-7500 ROCHESTER,NEW YORK 14603 1600 MAIN PLACE TOWER FAX:ISIS) 832-7555 (716) 263-1000 BUFFALO.NEW YORK 14202 (716) a53-8100 SUITE 700 ONE TROMAS CIRCLE 437 MA DIBON AVENUE WASHINGTON,D.C.20005 NEW YORK,NEW YORK 10022 (202) 457-s300 (212) 9a0-3000 WRITER'S DIRECT DIAL NUMBER: (516)832-7540 November 7, 1995 BY HAND DELIVERY Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island: Proposed Plan Zoning Variance Application Dear Linda: Enclosed please find twelve (12) copies of the zoning variance application along with the necessary attachments and exhibits pertaining to the Proposed Plan for Robins Island submitted on behalf of Louis Moore Bacon (the "applicant" or "project sponsor") . Specifically, enclosed please find: • ZBA application; • "Reasons for Appeal for Robins Island Proposed Plan, Zoning Variance Application" , (Exhibit 1) ; • Questionnaire to ZBA application, (Exhibit 2) and Attachment to Questionnaire - copies of building permits issued to date; • Notice of Disapproval received from Southold Building Department, (Exhibit 3) ; • Project Sponsor' s original permit application for Proposed Plan submitted to the Southold Building Department, (Exhibit 4) ; • List of Existing and Proposed Activities for Proposed Plan, (Exhibit 5) ; GC01:32393 35521/3 Nixon, Hargrave, Devans & Doyle tar Southold Zoning Board of Appeals November 7, 1995 Page 2 • Copy of Deed to Robins Island, (Exhibit 6) ; • A copy of a Letter of Limited Authorization from the project sponsor severally authorizing Kevin S . Law or James A. Thompson to execute all documents on Mr. Bacon' s behalf for these procedures, (Exhibit 7) ; • Full Environmental Assessment Form, (Exhibit 8) , and Attachment "A" to Full Environmental Assessment Form entitled "Additional Information to the Full Environmental Assessment Form. "' [SEPARATE ATTACHMENT] ; • Seven (7) Drawings and Maps,2 (Exhibit 9) [SEPARATE ATTACHMENTS] ; - (1) Original map that accompanied building permit applications for Proposed Plan (1 :200) ; - (1) New map entitled "Robins Island, Proposed Plan, Zoning Variance Application" (1 :200) ; - (4) Enlargement maps for Areas "A" - "D" identified in the Proposed Plan (1 : 50) ; - (1) Survey of Robins Island; • A check for $600 . 00 payable to the Southold Town Clerk for ZBA filing fee; and • A check for $500 . 00 payable to the Southold Town Clerk for the initial review of environmental assessment forms . We understand the ZBA intends to serve as Lead Agency for SEQRA purposes and will accordingly designate itself as such on Wednesday, November 8th. In an effort to help facilitate coordinated review under SEQRA, we provided you with six (6) additional copies of our application so that you can forward them to the Southold Planning Board, the Southold Trustees, the 1 This report contains a detailed project description. 2 Same maps also enclosed in EAF exhibits . GC01:32393 35521/3 Nixon, Hargrave, Devans & Doyle ur Southold Zoning Board of Appeals November 7, 1995 Page 3 Suffolk County Department of Health Services, the New York State Department of Environmental Conservation and the New York State Office of Parks, Recreation and Historic Preservation.' we also provided you with a copy to forward to the Suffolk County Planning -Commission for purposes of their review pursuant to § 239 (m) df the Town Law. Please let us know if you need any copies in addition to the twelve we have provided herein. We also ,understand the ZBP_ (and its environmental consultant) will be conducting a site inspection on Saturday, December 2, 1995 and a Public Hearing will be held on December Gth. We will provide transportation for the members of the Board to and from Robins Island and on the site. We will also "flag" those areas where new construction is proposed prior to said inspection. Please advise how we should address the requirement of submitting photographs of those activities requiring a variance. Thanks for all of your assistance in this matter and please let us know if you need any additional information. Very truly yours, evin S . Law KSL:cm Encls . CC : Louis Moore Bacon, Applicant James A. Thompson, Architect Randall Parsons, LandMarks, Environmental Consultant 3 We look forward to receiving a copy of the "Notice of Complete Application" ZBA will be filing with the Environmental Notice Bulletin. GC01:32393 3SS21/3 5 ��� � � • �OgtlFFO(,r'^ Albert J. Krupski,President y0 OG Town Hall John Holzapfel, Vice President 53095 Main Road William G. Albertson x P.O.Box 1179 Martin H. Garrell Southold,New York 11971 �y • �� Peter Wenzel Telephone(516)705-1892 Fax(516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 30, 1995 Costello Marine P.O. Box 2124 Greenport, NY 11944 RE: Louis Bacon SCTM ##1000-134-3-5 Dear Mr. Costello: The following action was taken by the Southold Town Board of Trustees on Thursday, October 26, 1995; RESOLVED that the Southold Town Board of Trustees grants an amendment to permit #4365 to rectify the problems of landing and securing the seaplane by replacing the existing 6' X 30' "L" float with a 15 ' X 30' "L" which would provide greater stability and more walkable space for safe loading and unloading and provide enough width for the seaplane to maneuver around the south end of the float. Also to install two 6 ' X 20 ' floats which will be attached perpendicular on the south side of the four existing floats, which will enable passengers to safely exist from the sides of the boats instead of stern. or bow. " If you have any questions, please do not hesitate to contact this office. Sincerely Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: CAC -�/ i � A5 91 Board Of Southold Town Trustees SOUTHOLD, NEW YORK 9 j u k PERMIT NO. DATE: ...9.L28/95_ .... c ISSUED TO ._ LOUIS.M.....BACON... .. h c �r Z�LtfDxt �IiilYi Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the ' State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS h, IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM \ LANDS UNDER TOWN WATERS;" and in accordance with the s j Resolution of The Board adopted at a meeting held on ..9./'28/95.... . } i 19_.95 , and in consideration of the sum of $150..00_ paid by �* S.M.O. Consulting..for LOUIS X. BACON ........_..... . 4' of .....Robins...Island _ __ . ..._ _ _. N. Y. and subject to the f j; Terms and Conditions listed on the reverse side hereof, , �$+ of Southold Town Trustees authorizes and permits the following: a To construct 2 board walkways for the purpose of crossing areas, / Iof inter tidal marsh as located by DEC. The northern most walk sha be 18" X 147' and be construct 1811 over grade of marsh, and Isouthe jralk i 18" X 112' construct. 18" over grade of marsh, also to all 1 or t4 , l in accordance with the detailed specifications as presented in h e "N• e on inatin li nstal 9 9 a PP cation. of a 61 X 121 X 4 seasonal waterfowl hpit-blind to be located along, the southern spit of the island. IN WITNESS WHEREOF, The said Board of Trustees here- p by causes its Corporate Seal to be affixed, and these presents to \ t� be subscribed by a majority of the said Board as of this date. �l �L Trustees _ ti - � r � p Albert J. Krupsld,President • p� �'OG •` Towa Hall ; John Holzapfel,Vice President 53095 Main Road': Go William G. Albertson x P.O.Box I179 Martin H. Garrell Oy� Southold,New Yorl i11971 Peter Wenczel Telephone(516)765489Z Fax(516).7651823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 28, 1995 J.M.O. Consulting Glenn E. Just P.O. Box 447 Quogue, NY 11959-0447 Re: LOUIS M. BACON SCTM #134-3-5 Dear Mr. Just, The following action was taken by the Board of Trustees at their regular meeting of July 27, 1995: RESOLVED that the Southold Town Board of Trustees approve a Waiver from Condition #6 on all permits that have been approved (#'s 4475, 4422, 4381, 4365 & 4346) and all permits that will be approved in the future. This condition states that ("there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks"), and be it, RESOLVED that the Southold Town Board of Trustees approve an Amendment to Permit #4422 for construction of a 6' X 10' duck blind shall be installed 6"-1' below grade. if you have any questions, please call our office. Very truly yours,, p ^ Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. CAC V�. 5 - 1A Board Of Southold Town Trustees "? SOUTHOLD, NEW YORK ' PERMIT NO. .t'L. ?cS DATE: ....6.L291.95.... ,! ISSUED TO ......L.O.UIS...M.....BACQN.... . ... ......... .. ..... .......... la .... .. � �11if�Dxt�ttftDlt "', ' Pursuant to the provisions of Chapter 615 of the Laws of 1 the State of New York, 1893; and Chapter 404 of the Laws of the k» % State of New York 1952; and the Southold Town Ordinance en- a +i+led "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the !»� REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM R ' LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on ..6./2.9./95. 19.9.5...., and in consideration of the sum of $ 150.00 . . paid by `. Costello._Marine .Contracting.. for LOUIS M. BACON ... of ......Robin's...Island...........,........................ ... N. Y. and subject to the 1_4 K Terms and Conditions listed on the reverse side hereof, ' of Southold Town Trustees authorizes and permits the following: e / " y Dredge approx. 2700 c.y. , 10-15 o brick, 20$ gravel and 65$ h sand, to 5' below MLW, and material to be trucked away to an ;1a approved upland site. I all in accordance with the detailed specifications as presented in ^t the originating application. li. A a IN WITNESS WHEREOF, The said Board of Trustees Mere- 'E v by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date FFo c� . .... E 5� .. Trustees 1 A' MEN J .x: M , - If y Board Of Southold Town Trustees SOUTHOLD, NEW YORK , (\ +; PERMIT NO. ��. oZ� DATE: ._3L.30/95._.._... E ,` ISSUED TO .........LOUIS...M_ BACON Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the f State of New York 1952; and the Southold Town Ordinance en- k s titled "REGULATING AND THE PLACING OF OBSTRUCTIONS h IN AND ON TOWN WATERS AND PUBLIC LANDS and the (<� REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FRAM i�5 x. LANDS UNDER TOWN WATERS;" and in accordance with the e Resolution of The Board adopted at a meeting held on 3.13.0.(95....,.. 19..95..., and in consideration of the sum of $.150,.QQ paid by J M Q.. Consulting for LOUIS M. BACON...... t , y; of Robins .Island ..__ ............, _.. N. Y. and subject to the `I \ Terms and Conditions listed on the reverse side hereof, I , of Southold Town Trustees authorizes and permits the following: / 3 NOW THEREFORE HE IT, RESOLVED, that the Board of Trustees approves the application of 1 LOUIS BACON to restore South Pond (SH-5). Phragmites and root{ mass shall be removed (excavated) and trucked to an upland site .i (greater than 100' from freshwater wetlands and greater than 300' from tidal wetlands) for disposal. For disposal a pit 1 v N shall be excavated, material shall be placed in pit, covered in *. with a PVC liner and a 4'-6' layer of soil shall be placed on top of liner. In restoring pond, an associated amount of soil will be removed to create depths of 1 1/2' - 12'. Pond shall be ( planted with rooted emergent vegetation. Existing road located il%y, within adjacent area shall be utilized during excavation then re- replanted and abandoned. Greenbrier and dead vegetation shall to be removed from adjacent area (100') and awetlands transitional 1 ,V area shall be created. An area of Phragmites located :k . , southwest of pond along Great Peconic Bay shall be hand cut to assure that no seed material returns to pond. Approx. 1,000 c.y, of clean sand shall be placed in area located between pond and Great Peconic Bay to strengthen shoreline from storhz surge. Area shall then be planted with American Beach � �ass. ' �Y uAKAd Anw'�541 ®i ✓.... .. . P V. Ti \ _ _ .�.,n,°.:.. ^k° '-:iC..,.y.:,,.o•'-rrT �., :.". ai '>�:_= 2_ v ..��S�i.'°L�ycs'3.3 � �;.�....•. ate• .., it ." y�4-., ..:, g�.. , 1 Board Of Southold Town Trustees z SOUTHOLD, NEW YORK t PERMIT NO. ..y ;3 `.. DATE: ...O.ctober..27, 199t , ISSUED TO _._.LOUISM.....BACON `� ,I�lif�Dxt�ttftDli ": Pursuant to the provisions of Chapter 615 of the Laws of ; the State of New York, 1893; and Chapter 404 of the Laws of the j» s State of New York 1952; and the Southold Town Ordinance en w , ,I titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the I•� , ; REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution 19.9.4., and in consideration of ed at a meeting 4. of thesumof $.15I 1 0-00 .O.pa [.idQby , J..M...O.....Consulting ,.for...LOUIS...M. ..,BA.C.ON.................... ............. 1 a of .......Robins...Is.land.................... ........ N. Y. and subject to the I ;} Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: 1; Allow handcutting, selective rotocutting & small tractor for slip-' chain removal of clumps of catbrier and multiflora rose and remo . of certain invasive species of plants in following areas: Buttonb ' Pond, claypits & Spring Pond to Peconic Bay & South Pond. all in accordance with the detailed specifications as presented in ' 1 �< the originating application. 1 IN WITNESS WHEREOF, The said Board of Trustees here '_ by causes its Corporate Seal to be affixed, and these presents to \\ be subscribed by a majority of the said Board as of this date. 6 0 �a T tiQ Jew e» c ..1r Trust4Es I� ... f s C. i�VQIA- Albert J. Krupski,President Town Hall John Holzapfel,Vice President �� y� 53095 Main Road w Z P.O.Box 1179 William G. Albertson Southold, New York 11971 Martin H. Garrell • Peter Wenczel 'y�J a0� Telephone (516)765-1892 Ol Fax (516)765-1823 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD September 29, 1994 Costello Marine Contr. Corp. Sue Long P.O. Box 2124 Greenport, NY 11944 Re: Louis M. Bacon SCTM #134-3-5 Dear Mr. Long, The following action was taken by the Board of Trustees at their regular meeting of September 29, 1994: RESOLVED that the Southold Town Board of Trustees grant an Amendment to Permit #4365 to install a temporary "Geoweb" ramp for the landing of the landing craft, to install (3 ) 2-pile dolphins east of the launching ramp to be used as "markers" and to secure the launching craft that now moves out of the designated area during the westerly and northwesterly winds, and temporarily excavate a 25' X 50 ' area to a maximum depth of 3. 5' below mean low water to allow docking of a landing craft on Robin' s Island, all in accordance with NYSDEC approved plan dated 5/13/94. If you have any questions, please call our office. Very truly yours, i Albert J. Krupski, Jr. President, Board of Trustees AJK/djh CAC Albert J. Krupski,President �SSFFO(�COG Town Hall John Holzapfel,Vice President 'yam 53095 Main Road William G. Albertson x P.O. Box 1179 Martin H. Garrell O .F Southold, New York 11971 Peter Wenzel y�JJ�1 �.a0 Telephone (516)765-1892 Fax (516)765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Aurnist 26, 1994 Glenn Just P.O. Box 447 nuogue, NY 11959-0447 _ RE: Louis M. Bacon SCTM #134-3-5 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees on August 25, 1994: RESOLVED that the Southold Town Board of Trustees grants a waiver to allow for hand cutting, selective rotocutting and small tractor for slip-chain removal of clumps of catbrier and multiflora rose and removal of certain invasive species of plants in following areas: Buttonbush Ponds, claypits & Spring to Peconic Bay & South Pond. Located Robins Island. Please note that the condition on this waiver is to go through the full permit process. The reason for giving the waiver is so that work can be begin. If you have any questions, please do not hesitate to contact this office. Sincerely, (ems 12 . 2. Albert J. �Krupski, Jr. President, Board of Trustees AJK:jmd Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. _ 4365 DATE: .Angust .3, 1994 M ISSUEDTO ...............Low_s_BacQn .._. .... ......................... ............. t. Aut4nrization Pursuant to +he provisions of Chapter 615 of the Laws of 41 the State of New York, 1893; and Chapter 404 of the Laws of the 1 State of New York 1952; and the Southold Town Ordinance en t, titled "REGULATING AND THE PLACING OF OBSTRUCTIONS a IN AND ON TOWN WATERS AND PUBLIC LANDS and the \ REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the _A Resolution Resolution of The Board adopted at a meeting held on . July.Z8_ ! �. , 150.00 •� 19.94_.., and in consideration of the sum of $. paid by % Now, TNBAEBOAX BE ITRESOLVED Costello that the Board eha off louIS9 apprBACON to the applicreconstruct a of j Costello Maxine on behalf of 1A0I5 BACON to rxosstruct an existing j subject to the deteriorated 12' X 285' fixed timber deck, reconstruct offshore 6' X 64' "6" section with the installation of a wave certain to protect O docked vessels frms north, northeast and northwest winds, reconstruct ;e side hereof, a� - {� ofllshora 32' R 32' filled dock, replace two 6' X 24' floats and add the following: three additional 6' X 24' floats with associated mooring pilings and 0: jr;5 1 inilge. 7-pile dolphins to sorely berth ferry boat Xand/or24,, 1-D61 �F ba4lge. Also to install temporary Pilings) a - 5 - 61 R 24', 1- fi' X 301 1 to st (secured with associated pilings! and will A 30' access ramp co shore (for th foot traffic se only). The Heat'will later be used in to $qYF t I completing the floating section of the dock facility. Robins Island 34 134-3-5. install five Dings in front of the dilapidated bulkhead (north side t y aide of Town launching ramp) to secure their landing craft and. barge •� . `1 duringApplicant the loathes and unloading of equipment and supplies, a5 presented m 1" Applicant proposes using the upland area eforsp deliveries and storing ,� c equipment, supplies, etas, to install i e). on so access ramp (20' X ', t 120' Oeoweb) in this area sjwite=ly side!• ed southerly side: to �20' ace 5 - 6' X 20' fleets the d 5 associated pilings) and a 32" X 20' access ramp in front of she dilapidated bulkhead, install 3 Of Trustees Mere : " mooring pilings in the vicinity of the launching craft area to secure 1"1 landing craft when equipment and vehicle are loading and unloading. these presents to New Suffolk Ave., New Suffolk. 117-8-19. i as of this date I c ... ... .... . �; ro c�id t l •� J�l Trustees KEY FEATURES A Island Access Area 1 A.1 (not shown)Pier, Docks end Landing Craft Slip A.2 Boat House S. Hunting Lodge Complex B.1 Lane Lodge 13.1.1 Garage a 16 B.1.2 Mechanical Services Building B.2 Mackay Cottage \ B.2.1 Garage I 8.3 lee House A.2 11 BA Windmill (Water Pump) 1 Zo 22 NOTES, \ 1. THE DESIGN OF THE SANITARY SYSTEM WAS COMPLETED BY \ JOHN J. RAYNOR, P.E @ LS., P.C. 2. THE DESIGN OF THE POTABLE SYSTEM WAS COMPLETED BY LBG ENGINEERING SERVICES, P.C. �. 3. TOPOGRAPHY IS DERIVED FROM SURVEY DATA SUPPLIED BY JOHN J. RAYNOR, E LICENSED SURVEYOR NO. 49318, PREPARED DECEMBER 12. 1994 FROM .v FIELD WORK COMPLETED OCTOBER 14, 1994. 3iig' ivv^E ! .......i .'^rFiiiii _ — LEGEND: n ............ xr.............. "IT JIO:_AT On .,FARTIC.L R. E Ei. ,.._.:: _ MANMADE FRESHWATER PONDS (NEW) 1 FT• p:clRw yi��:( ^T'_ _ � 30 O. H_:._., ....t HTE 1 EDUCATION T. :: O BUILDING _DJ�A.IOA Lr... : OR ANY FERSO'd TO AGIi=R THIS E WATER WELL — IXISDNG .,� _ \ Du.i �rl ....Y.i TH P WATER WELL — PROPOSED OLI 11r Ev-' 9, !e,JF-EN IDY \ 3 TEST HOLE rts:"/::;r" rTF I^:r;r'C i Ai .... r.:._ STr: E L:.,_:,,_C �.::•,•�..:..• _------_ SUBSURFACE SANITARY SYSTEM LAND SU'^.UFJORvEENlGIIuEER INACCnrC,gNCE1^f(:HSEGTICIN B 2 UNDERGROUND POWER AND COMMUNICATONS 7202(2). ARTICLE 430, NEW — UNDERGROUND POTABLE WATER SUPPLY YORK STATE EDUCATION LAW' i 8.3 � LEACHING POOL Qpi\aWy ................ ......... ....... � G r � i �i SEPTC TANK B.1 _ O GREASE TRAP 0 a :::::.''� ::::!'•.:i":.:vie � C� ®mm - - - - I O� 9 a iiii'tic��:::::•iz'::: O, i321 - o i _ 0 100 tie B 1 �r -OF- N P E .0 SS '1 SCALE IN FEET a ROBINS ISLAND e.,.l s; SOUTHOLD, NEW FORK O SANITARY AND POTABLE SYSTEMS LAYOUT DATE REVISED PREPARED BY: LBG ENGINEERING SERVICES, P.C. O \ Aofessioaal Slon and Gv6 Blginee»M 126 Monroe Turnpike 1 w Trumbull, CT 06611 : (203) 452-3110 DATE: it 26 95 FIGURE: 1 i t :': 54 4 -- I I ® r e "IT IS A VIOLATION OF ARTICLE C.4 130 ° HET Lt41 YORK STATE EDl -- _ EDIICF7IU`2 LF.Vv FOR ANY i PERSON TO "u%R THIS r, OU U'ItE�l Ir Iu _ FX� Qc c O q" ej v; bOffti '. I.EN i V7 RI I WIG AD i , v BY r Q T 4.1 ' IPA GUnDtiA.^C4diT SEC?ION 7209(2), ARTICLE 130. NEW — YORK STATE EDUCATION LAW' I 4w ., / ` I • • 1 I E •$ -2191 _ 74 f / Q 100 7 SCALE IN FEET LEGEND: KEY FEATURES C. Farm Center MANMADE FRESHWATER PONDS (NEW) • LEACHING POOL ROBINS ISLAND "i SEPTIC TANK CA Recreation Building O BUILDING 0 GREASE TRAP SOUTHOLD, NEW YORK C.2 Tennis Court (not shown) .E WATER WELL — EXISTING C.3 Sporting Clay Masts (not shown)C.4 Agriculture/Maintenance Compound A WATER WELL — PROPOSED NOTES, SANITARY AND POTABLE SYSTEMS LAYOUT ' C.4.1 Workshop 3 - TEST HOLE 1. THE DESIGN OF THE SANITARY SYSTEM WAS COMPLETED BY DATE REVISED 0.5 Gamekeeper/Equestrian Bam ________ SUBSURFACE SANITARY SYSTEM JOHN J. RAYNOR, P.E. & i S., P.C. PREPARED BY: C.6 Dog Kennels 2. THE DESIGN OF THE PG.ABLE SYSTEM WAS COMPLETED BY LBG ENGINEERING LBG ENGWEERING SERVICES, P.C. Pf UNDERGROUND POWER AND COMMUNICATIONS SERVICES. P.C. roessional aoroe ead Civil 13gineets c.7 caretaker Cottage 126 Montroe Turnpike C.B Windmill/Telecommunica:ions/Irrigation 'Hater Storage — — — UNDERGROUND POTABLE WATER SUPPLY 3. TOPOGRAPHY IS DERN'ED FROM SURVEY DATA SUPPLIED BY JOHN J. RAYNOR, Trumbull, CT 06611 C.9 Fire Protection Cistern LICENSED SURVEYOR NO. 49318, PREPARED DECEMBER 12, 1994 FROM (203) 452-3110 FIELD WORK COMPLETED OCTOBER 14, 1994. I DATE: 12/11/91 1 FIGURE: 2 t i I HEY FEATURES D. Family Area P 0.7 Family Vocalion Home P 0.2 Pool 0.3 Pool Cabana 50 D.4 Garage with Staff Quarters N i O I. THE DESIGN OF THE SANITARY SYSTEM WAS COMPLETED BY JOHN J. RAYNOR. P.E. & L.S., P.C. / 2. THE DESIGN OF THE POTABLE SYSTEM WAS COMPLETED BY LEG ENGINEERING - SERVICES, P.C. 3. TOPOGRAPHY IS DERIVED FROM SURVEY DATA SUPPUED BY JOHN J. RAYNOR. LICENSED SURVEYOR NO. 49318. PREPARED DECEMBER 12. 1994 FROM FIELD WORK COMPLETED OCTOBER 14. 1994. LEGEND: ,. 2k � GD p MANMADE FRESHWATER PONDS (NEW) 4 6 1 BUILDING 44 .E WATER WELL — EXISTING W "IT IS AV_IOLATION OFARPCLE '.. ^ .P WATER WELL — PROPOSED 130 DI- HEJEWV YORK STATE y / T 3 -i$ TEST HOLE EDUCATION LAW FOR ANY a -- SUBSURFACE SANITARY SYSTEM PERSON TO ALTER THIS ----- DCCU4I ENT I N ANY VJAY iNITH_ UNDERGROUND POWER AND COMMUNICATIONS OUT THE E10IirSS W -!?C.N k VEn.!FIOATIL,; :y. 8 UNDERGROUND POTABLE WATER SUPPLY ANE*YORK.J1MIE CL'i3ED a D 3� • LEACHING POOL LAND SURVEYCRO-RPI^IV�- R IN ACCORDANCE N!TH btL T IU'N SEPTIC TANK 7 m � / `= 7208;2), ARTICLE 130, NEW GREASE TRAP YORKSTATE EDUCATION LAW" e 0 100 G � SCALE IN FEET I ROBINS ISLAND SOUTHOLD, NEW YORK \ SANITARY AND POTABLE SYSTEMS LAYOUT f DATE I REVISED PREPARED BY: LBG ENGLNEERRX SERVICES, P.C. 1 \ Pralesaionad Environmental and GYvil Eagmeers 126 Monroe Turnpike TrlrmbuD, CT 06611 (203) 452-3110 DATE: 12/11/91 FIGURE: 3 i E Nixon, Hargrave, Devans & Doyle LLP Attorneys and Counselors at Law ONE KEYCORP PLAZA 990 STEWART AVENUE CLINTON SQUARE ALBANY, NEW YORK 12207 GARDEN CITY, NEW YORK 11530-4838 POST OFFICE BOX 1051 (518) 427-2650 I5167 832-7500 ROCHESTER, NEW YORK 14603 OIW 263-I000 FAX: (516) e32-7555 IBOO MAIN PLACE TOWER BUFFALO,NEW YORK 14202 SUITE]00 (7I6) 6S3-8100 ONE THOMAS CIRCLE WASHINGTON,D.C.20005 437 MADISON AVENUE (202)457-5300 NEW YORK,NEW YORK I0022 WRITER'S DIRECT DIAL NUMBER: (212) 940-3000 (51 61 832-7 540 December 1, 1995 VIA AIRBORNE EXPRESS Southold Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Linda Kowalski RE: Robins Island Dear Linda : As per your request, enclosed please find four additional sets of copies of all permits and SEQRA determinations issued to date from the New York State Department of Environmental Conservation and the Southold Trustees concerning Robins Island. Please let me know if you need any additional information prior to the hearing. Otherwise, I look forward to meeting you on Wednesday night . Regards, � evin S. La` w i KSL : cm ` Encls . GC01:33231 35521/3 jf ° 11 4; .1 :r, ,k °,'41 ` r �,�,� ,' �A ' Ih .���. �r,.g "��� �� }' r�•J, r � `� t , - _ � � i. 4t < • •�'„_� � ire � - -,+ _ �� � r� �'I�;� .� . 1 •� _ _ - �.j Vilna :w lip jj�� r 11 v � • o�oSUFfoc,��o� APPEALS BOARD MEMBERS h`Z` tA o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y ® �4V P.O. Box 1179 James Dinizio,Jr. 'h01 �a0 Southold,New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 14, 1995 Kevin S. Law, Esq. Nixon, Hargrave, Devans & Doyle, LLP 990 Stewart Avenue Garden City, NY 11530 Re: Variance Requests - Robins Island Dear Mr. Law: This letter will cgnfirm that the above application for variance relief was delivered on November 8, 1995 and is presently under review by the Members of the Board of Appeals. It is expected the once the information requested below is furnished, the application will be further processed." The Board Members decided that it would not be inappropriate to commence sending out notices at this time indicating that we have received an application which will be subject to a Type I determination. The Board Members wanted to allow time for the other involved agencies to comment on the project and offer lead agency recommendations. It is expected that those agencies will reply within three to four weeks. The agencies directly involved are those having jurisdiction in this project, to wit: Suffolk County Health Department, Town Trustees, N.Y.S. Department of Environmental Conservation, and Cutchogue Fire District. Copies of the application with accompanying documents have also been submitted to the Town Attorney and Councilwoman/Deputy Supervisor Ruth Oliva on behalf of their departments. The following is requested for submission to our office as early as may be possible: (a) seven (7) copies or sets of rough sketch(es) of every building and structure showing the height and elevations with roof styles. These sketches were not, we understand, submitted to the Building Inspector for consideration when the Notice of Disapproval was issued. The Southold Town Zoning Code defines .different rules for different roof styles and this information is imperative. Page 2 - Kevin S. Law, Esq. • Re: Variance Requests - Robins Island (b) information such as proposed drainage facilities to show adequacy to retain waters due to rainfalls and runoff from the buildings and impervious surfaces {this may be submitted at the December 6, 1995 hearing and seven (7) copies will be needed) ; (c). written confirmation as to the status with County Health Department, 'Town Trustees and N.Y.S.D.E.C. , explanation of the applications pending, and copies of the approvals issued. If approvals are pending, please furnish copy of filing receipt with department reference numbers, and/or recent correspondence from that agency. An on-site inspection date has been tentatively set for Decem- ber 2, 1995. If the above are submitted within the next two weeks, it is expected that a public hearing will initially be commenced at our December 6, 1995 Regular Meeting. Please be aware that other considerations under SEQRA in this project are expected to include the new location and construction of access drives, drainage facilities, new lawn areas and removal of trees for the necessary location and construction of the buildings, as well as the buildings which fall under the variance requests, location and adequacy of septic systems, water wells, as well as any proposed alterations or modifications to existing land contours, and proper retention of rain water runoff, and other concerns. If you have any questions, please feel free to call our office. Very truly yours, ,4 t�.�/p49::,VF GERARD P. GOEHRINGER CHAIRMAN P . S . Also attached are copies of communications to and from Charles Voorhis & Associates , Inc . concerning a "preliminary" review and cost estimate . Although the application has not as yet been deemed complete , copies of the LEAF have been distributed to the involved agencies - pending your filing of the formal County Health and Town Trustees applications for a coordinated review . �, 4�aSUFFocx�o APPEALS BOARD MEMBERS y .` Southold Town Hall Gerard P. Goehringer, Chairman 0- 1 53095 Main Road Serge Doyen. Jr. P.O. Box 1179 James Dinizio. Jr. �Ol a0 ,jY Southold. New York 11971 Robert A. Villa Vtiti Fax(516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 9, 1995 Mr. Charles J. Voorhis Cramer, Voorhis & Associates, Inc. 54 North Country Road Miller Place, NY 11764 Re: Application for Variances - Robins Island (Bacon) Dear Mr. Voorhis: Delivered herewith is a complete set of documents received regarding the above application and forwarded to you for.:-. (a) your comments and analysis in the environmental review regarding a Type I Action under SEQRA; (b) a cost estimate from you for all stages of environmental reviews. Also, please be aware that a preliminary on-site inspection has _ been arranged with Kevin Law, attorney for Robins Island for Saturday, December 2, 1995 at approximately 9:30 a.m. (arriving by 9:15 a.m.). We hope that you will be able to attend. Please feel free to call our office if you have any questions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN r • • X1 CHARLES V SOCIATES, INC. ENVIRONMENT , D G CONSULTANTS November 10, 1995 Mr. Gerald P. Goehringer, Chairman Board of Appeals Southold Town Trustees 53095 Main Rdad P.O. Box 1179 Southold,New York 11971 Re: Robins Island Full Environmental Assessment Form Environmental Review Services Dear Gerry: As per your request,we have performed a preliminary review of the above referenced document in order to provide a proposal for review services. Based on this review, and anticipated meetings, field time, and related services, the following scope of services and cost estimate is provided: Task 1 Review Full EAF,map submission and accompanying documents. Task 2 Perform a field inspection of the subject parcel. Task 3 Meet with Board of Appeals at time of presentation by applicant. Task 4 Suggest corrections/clarifications of Full EAF as necessary,and provide a draft detailed comment letter on environmental planning aspects of the proposed project. Task S Gain input from Board of Appeals during course of review and draft comment letter. TM:k 5 ' c'mali=,^,emment:llter and Provide r commcadafion.`.r determination of significance. . The fee for the above referenced services is based on the time necessary to complete the tasks and our standard hourly rates, and will not exceed$1,200.00. Please provide authorization if you wish us to proceed, or feel free to call if you have any questions. Y , his,CEP,Amp 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 • (516) 331-1455 • FAX 331-5046 o�oSUFFock�o APPEALS BOARD MEMBERS h�` Gym c Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y ® rg P.O. Box 1179 James Dinizio,Jr. O� ��O Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Hand Delivered November 15, 1995 TO: (XX) Suffolk County Department of Health Services (XX) N.Y.S. Department of Environmental Conservation (XX) Southold Town Trustees (former Lead Agency) RE: Robins Island, Town of Southold - ID #1000-134-3-5 COORDINATION UNDER SEQRA As part of the reviews required under Part 617 of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code of the Town of Southold, this department has received an application for multiple variances under the Southold Town Zoning Code. This .` Department hereby coordinates this application to your agency at this time to determine: (X) This project is subject to SEQRA and will be determined to be a Type I Action (located in a Critical Environmental Area expanded pursuant to Section 37-7A of the Suffolk County Charter) ; (X) Your interest for the Lead Agency Determination is requested and your response indicated below and returned to our office. Considerations under SEQRA in this project may also include the new location and construction of access drives, drainage facilities, new lawn areas and removal of trees for the necessary location and construction of the buildings, all accessory structures, septic systems, water wells, and any proposed alterations or modifications to existing land contours and direction of rain water runoff. Upon receipt of the following, an on-site inspection will be held (tentatively set for December 2, 1995) , and the following information has been requested from the applicant for receipt by December 1, 1995 for review at a tentative public hearing to be held on December 6, 1995: (a) seven (7) copies or sets of rough sketch(es) of every building and structure showing the height and elevations with roof styles. (These sketches were not, we understand, submitted to the Building Inspector for consideration when the Notice of Disapproval was Page 2 - Coordination • Re: Robins Island Zoning Variances issued, and the Southold Town Zoning Code defines different rules for different roof styles. (b) information such as proposed drainage facilities to show adequacy to retain waters due to rainfalls and runoff from the buildings and impervious surfaces; (c) status with County Health Department, Town Trustees and N.Y.S. Department of Environmental Conservation (which status info was not shown on page 5 of the LEAF at Exh. 8. ) If approvals were received, please furnish. If approvals are pending, please furnish copy of filing receipt with reference number or recent correspondence from that agency. Other information may be deemed necessary as a result of the necessary formal reviews in this project and filing with other agencies for t •.; required permits. a f. Dated: November 15, 1995. SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road, P.O. Box 1179 Southold, NY 11971 '+ (516) 765-1809 Reply Comments as follow: 5`; oyOgOFfO(,�Co APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer. Chairman `r' +- T 53095 Main Road Serge Doyen. Jr. y O P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 6 1995 commencing at the times specified below: 7:30 p.m. Appl. No. 4353 - HELEN RUTKOWSKI. This is a request, based upon the November 15, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to add a second story and to convert existing boat facility-accessory building to single-family dwelling use due to prior restrictions under ZBA action #2032 dated 5/1/75 and #1954 dated 2/27/75. Location of Property: 1025 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-7.2 (and 28.16) . Zone District established 1/9/89: R-40 Residential. 7:32 p.m. Appl. No. 4352 - PHILIP GIOIA. This is an appeal based upon the November 3, 1995 Notice of Disapproval from the Building Inspector in which applicant was denied permission to construct garage Page 2 of 3 - Legalqktice of Hearings Regular Meeting of December 6, 1995 Southold Town Board of Appeals based upon Article IIIA, Section 100-30A.4 (ref. 100-33) which requires a rear yard location. Subject premises is substandard in size and is virtually all front yard due to the existing rights-of-way. Location of Property: Sbuth Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-6-27. 7:37 p.m. - Continued from 11/8/95: Appl. #3451 - EDWARD AND JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for extension of existing carport which would be located with a reduced front yard setback on this nonconforming lot (substandard lot area and width) . Location of Property: 18250 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-1.1. 7:40 p.m. - Continued from 11/8/95 - Appl. #4347 - DORIS KERR BROWN. Relocation of house at less than the required 100 ft. from Sound bluff. 3400 Private Road off N/S Bergen Avenue, Mattituck. 7:45 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon the October 31, 1995 Notice of Disapproval issued by the Building Inspector, the grounds for which read as follows: A.2 Boat House, B1.1 Garage, C.1 Recreation Building, EA Garage with staff quarters: all exceed 18, height limitation for accessory structures, Article III, Section 100-33A. Page 3 of 3 - Legalootice of Hearings Regular Meeting of December 6, 1995 Southold Town Board of Appeals E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building) . E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker Cottage, EA Garage with staff quarters: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals. . . Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+- acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed between 8 and 4 p.m. before (or on) the date of the hearing for an update. If you have questions, please do not hesitate to call 765-1809 or visit our office. Dated: November 17, 1995 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN x ., ' do STATE NEW YORK) Legal N t call 765 please do not hesitate to elees ' " call 765-1809 or visit our office. ) SS' Dated:November 17, 1995 COUNTY OF SUFFOIX ) NOTICE OF HEARINGS BY ORDER OF THE NOTICE IS HEREBY--GIVEN, SOUTHOLD TOWN BOARD r pursuant to Section 267 of the Town OFAPPEALS of Mattituck, CE Law and the Code of the Town of RARD P.GOEHRINGBR Southold, thal the following appli- CHAIRMAN In said County, being duly sworn, s that he/she is cations will be held for public.hear- 8559-ITN23 Principal Clerk of THE SUFFO IMES, a Weekly ings before the SOUTHOLD TOWPT�j BOARD OF APPEALS, al the Newspaper, published at Mattltuck, in the Town of Southold Town Hall, 53095 Main Southold, County of Suffolk and State of New York, Road,WED ESDAW, New York BER' 6 and that the Notice of which the annexed is a WEDNESDAY; DECEMBER 6, 1995,commencing al the times speci- printed copy, has been regularly publis ed In said tied below: 7:30 p.m. Appl. No. 4353 — HE- Newspaper ODCe each week for _ weeks LEN Rased u KI. This is a re- AUC vely, COroroegClilg OD the �3 day Of quell, based upon the November 15, �J.t2' 1995 Notice of a ed'IijT` 19 the Building Inspector,in which appli- cant was denied a building Permit to add a second story and to Convert - existing bowl facility-accessory build- ing to single-family dwelling use due to prior restrictions under ZBA action #2032 dated 51in5 and #1954 dated NO"Publfea8paofItimV A Principal CI 2/27n5. Location of Property: 1025 1��NO.5004M Gull Pond Lane, Greenport, N.Y.; "Iffled 1fl SUf ith County Tax Map Parcel No. 1000-35- Cr0111n ksion��Nf"nitil li (and 28.RA Zone District estab- lished /`/Gi) )J, �� I/9/89:R-40 Residential. 7:3I p.m. Appl. No. 4352 — Notary Public PHILIP GIOIA. This is an appeal based upon the November 3, 1995 \/ Notice of Disapproval from the n Building Inspector id-Which'ehplican{� }( \• Sworn t0 a Ore roe fhly was denied permission to construck garage based upon Article IIIA, day Of Section, 100-30A.4 re 3 which reclaims A' 'lir( do Subject premises is substandard in size and is virtually all front yard due to the existing rights-of-way.Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-6-27. - 7:37 p.m. — Continued from 1118/95: Appl. #3451 — EDWARD and JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for extension of existing carport which would be located with a reduced front yard setback on this nonconforming lot (substandard lot area and width). Location of Property: 18250 County Road 48, Culchogue, N.Y.; County Tax Map Parcel No,1000-96-44.1. 7:40 -pan: — Continued from 1118195 — Appl. #4347 — DORIS KERR BROWN.Relocation of house at less than the required 100 ft. from Sound bluff. 3400 Private Road off N/S Bergen Avenue,Mauituck. 7:45 p.m. — App1. of LOUIS MOORE BACON (ROBINS IS- LAND). This is an application based upon the October 31, 1995 Notice of Disapproval issued by the Building Inspector, the grounds for which read as follows. A.2 Boat House, B1.1 Garage. C.1 Recreation Building, EA Garage with staff quarters: all exceed 18' height limitation for accessory structures, Article 111. Section 100-33A. E.1 Family,:,Vacation Home exceeds height limitation of 35 ft. as slated in the Bulk Schedule for an R-400 Zone(as principal build- ing). E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker Collage, EA Garage with staff quarters:One Family Dwelling not to exceed one(I)dwelling on each lot under Permitted uses in an R- 400 Zone. Actions required by the j Zoning Board of Appeals ... Location of Property(.KobinsIsland near North Race of Great Peconic Bay,Town of Southold,N.Y.;County Parcel ID No. IIX)0-134-3-5,contain- ing 434t acres. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in the above applications. Written commenlx may also be sub. milled prior to the conclusion of the subject hearing. The above hearings will not start before the times desig- nated, and are in addition to other hearings. It is recommended that the file(s) be reviewed between R and 4 p.m. before (or in) the dale of the (trine F,, av If b.w CHARLES V SOCIATES, INC. ((1 ENVIRONMENT ND G CONSULTANTS November 10, 1995 Mr. Gerald P. Goehringer, Chairman Board of Appeals Southold Town Trustees 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Robins Island Full Environmental Assessment Form Environmental Review Services Dear Gerry: As per your request,we have performed a preliminary review of the above referenced document in order to provide a proposal for review services. Based on this review, and anticipated meetings, field time, and related services, the following scope of services and cost estimate is provided: Task 1 Review Full EAF,map submission and accompanying documents. Task 2 Perform a field inspection of the subject parcel. Task 3 Meet with Board of Appeals at time of presentation by applicant. Task 4 Suggest corrections/clarifications of Full EAF as necessary,and provide a draft detailed comment letter on environmental planning aspects of the proposed project. Task 5 Gain input from Board of Appeals during course of review and draft comment letter. Task 6 ir_a:lzc comment lct,e. and p y .-.ccommcLdatiaL or:ieterm nation of siguilica ce. The fee for the above referenced services is based on the time necessary to complete the tasks and our standard hourly rates, and will not exceed $1,200.00. Please provide authorization if you wish us to proceed, or feel free to call if you have any questions. Very trut your , Zl�' arles J. Voorhis,CEP,AiCP 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 • (516) 331-1455 • FAX 331-8046 o��gUFFO(KCo APPEALS BOARD MEMBERS �e � Southold Town Hall Gerard P. Goehringer, Chairman `"„ +z 53095 Main Road Serge Doyen,Jr. G • y P.O. Box 1179 Robert A. � James DA.ViIla, Jr. Southold, New York 11971 Fax(516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 9, 1995 Mr. Charles J. Voorhis Cramer, Voorhis & Associates, Inc. 54 North Country Road Miller Place, NY 11764 Re: Application for Variances - Robins Island (Bacon) Dear Mr. Voorhis: Delivered herewith is a complete set of documents received regarding the above application and forwarded to you for: . (a) your comments and analysis in the environmental review regarding a Type I Action under SEQRA; (b) a cost estimate from you for all stages of environmental reviews. Also, please be aware that a preliminary on-site inspection has been arranged with Kevin Law, attorney for Robins Island for Saturday, December 2, 1995 at approximately 9:30 a.m. (arriving by 9:15 a.m.). We hope that you will be able to attend. Please feel free to call our office if you have any questions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN S.E.Q.R.A. DECLARATION OF _ Appeal No. Project Name: County Tax Map No. 1000- Location of Project: Relief Requested/Jurisdiction Before This Board in this Project: This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. In this initial review, this department: 1. determines that this project is subject to SEQRA and 2 . makes a preliminary classification, pursuant to Section 627.5 that this project is classified as a ACTION 3 . determines that a Long Environmental Assessment Form is For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809 . D. REQUIRED APPROVALS' Activity (Use) Approvals Required Agency Comment (A.2) Boat House Height variance, ZBA Activity is planned(Accessory) Building permit, Trustees beyond 10, contour. Possible wetland permit, DEC Applicant will seek Water-Septic SCDHS letter of determination from DEC and Trustees as for need to obtain wetland permits (B.1) Lane Lodge Use variance ZBA Applicant maintains only (Accessory) Building Permit SBD Water-Septic SCDHS area variance required 8.1.1 Garage Height variance ZBA (Accessory) Building permit SBD B.1.2 Mechanical Height variance ZBA Considered by SBD as one Services Bldg. Building permit SBD building(Accessory) actually alth separate but structure L(Accessory) Mackay Cottage Building permit SBD essory) Water-Septic SCDHS 1 Garage Building permit SBD ssory) ce House Building permit SBD Permit already issued by SBD indmill Building permit SBD ssory) ecreation Height variance ZBA ing Building permit SHD ssory) Water-Septic SCDHS ennis Court Building permit SBD ssory) C.3 Sporting Clays Building permit SBD (Accessory) C.4 Agricultural/ Building permit SHD Maintenance Fuel Storage Permit SCDHS Compound Water - Septic SCDHS (Agricultural) C.4.1 Workshop Building permit SBD (Agricultural) Water-Septic SCDHS C.4.2 Breeder Coop Building permit SBD Complex (Agricultural) C.5 Barn Building permit (Agricultural) Water-Septic SBD SCDHS The applicants agents conducted numerous informal t Suffolk County officials regarding the meetings with Southold Proposed Plan and it was the Consensus Officials to work within s necessary. the existing Southcld Town Code and apply for The the was encouraged not to subdivide the island and -ised that a site plan would not be required. 35521/- _ 2 _ Activity (Use) Approvals Required Agency Comment C.5.1 Horse Ranch Building permit SBD and Paddock (Agricultural) C.6 Dog Kennel Building permit SBD (Agricultural) a _ C.7 Caretaker Use variance ZBA Applicant maintains only Cottage (Accessory) Building permit SBD area variance is required Water-Septic SCDHS C.S Windmill Building permit SBD �. (Accessory) C.10 Helipad Town Board Resolution Town Bd. Permit is not necessary - (Accessory) and Summary of Plans to NYSDOT merely notice and reviews State for review by State and Feds Notice to FAA FAA D.1 Family Vacation Height variance ZBA Applicant maintains only Home (Principal) Use variance ZBA area variance is required _ Building permit SBD and that this activity is Water-septic SCDHS principle use on premises and seeks designation as such from ZBA D.2 Swimming Pool Building permit SBD (Accessory) D.3 Pool Cabana Building permit SBD (Accessory) x` D.4 Garage with Use variance ZBA Applicant maintains only staff quarters Height variance ZBA area variance required (Accessory) Building permit SBD Water-septic SCDHS E.1 Gazebos (3) Building permits Trustees Proposed to be sited (Accessory) DEC outside regulated area. Applicant will seek letter of determination that no permit is required OTHER New Wetland Ponds SBD Aboveground Storage Fuel Storage Permits SCDHS Tank Overall Proposed Advisory opinion from SCPC Pursuant to 5 239-M of Plan County Planning Comm. the General Municipal Law Kev SBD = Southold Building Dept. ZBA = Southold Zoning Board of Appeals DEC - New York State Department Of Environmental Conservation SCDHS = Suffolk County Department of Health Services SCPC Suffolk County Planning Commission NYSDOT = New York State Department of Transportation Trustee = Southold Town Trustees GC01:32296 35521/3 EXHIBIT 1 TO SOUTHOLD ZONING BOARD OF APPEALS VARIANCE APPLICATION REASONS FOR APPEAL FOR ROBINS ISLAND PROPOSED PLAN, ZONING VARIANCE APPLICATION INTRODUCTION On October 31, 1995 Louis Moore Bacon, owner of Robins Island ( "applicant" or "project sponsor") received a Notice of Disapproval from the Southold Building Department for various activities contained in the Building Permit application he submitted for his "Proposed Plan" for Robins Island which essentially seeks to establish a single family residential estate with some accessory structures and an agricultural component . Several of the proposed activities appear to violate the following Sections of the Town Code: § 100-31 (A) (1) and § 100- 33 (A) . The applicant now makes application to the Southold Zoning Board of Appeals for nine (9) variances . This exhibit sets forth and demonstrates how strict application of the town zoning ordinance to the Proposed Plan for Robins Island would produce practical difficulties or unnecessary hardship; how the hardship is not self 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; how the variances will not change the character of the locality; and how the Proposed Plan for Robins Island will observe the spirit of the Town Code, further the public interest, protect the public safety and welfare and have an overall positive effect on the environment . CC01:32343 3SS21/3 A. Existing Land Use and Zonjpq Robins Island is situated in the Agricultural- Conservation (A-C) and Low Density Residential R-400 districts. The purpose of the R-400 district is stated in § 130 of the Southold Town Code. The purpose of the Agricultural-Conservation district and the Low Density Residential R-80, R-120, R-200 and R-400 districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open 'lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town' s economy and those areas with sensitive environmental features including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold' s recreation, resort and second home economy. One-family residential dwelling units and agricultural operations are among the principle uses permitted in the R-400 district. A variety of accessory uses are also permitted. Consistent with those permitted activities, all of the activities in the applicant' s Proposed Plan for Robins Island are permitted uses under the Town Code. However, one-family detached dwellings are not to exceed one (1) dwelling on each lot in the R-400 district . B. Applicability of Zoning Code to Robins Island Upon information and belief, Robins Island is the only privately-held parcel in the Town of Southold so restrictively zoned by the R-400 classification. Robins Island consists of approximately 434 upland acres, and is further identified as Suffolk County Tax Map Parcel #1000-134-3-5 . This legal description is very significant because, in the eyes of the Town, GC01:32343 - 2 35521/3 parcel. Itwbecomes apparent C6d3 e' likely never envisioned ownership of a parcel ofj'the size of Robins Island because the Town Code unconscionably . restricts Robins Island to one dwelling unit. Thus the zoning issues faced by the applicant are not self created. The Zoning Ordinance as applied to Robins Island is unreasonable, arbitrary and, perhaps, confiscatory. The applicant cannot utilize the property as intended without violating the zoning ordinance restrictions . In addition, issues facing the applicant are not common to the general condition of properties located in the R- 400 section or for any district for that matter. As the owner of an island, the plight of the applicant is due to the unique circumstances associated with owning an island. The Island necessitates self sufficiency as the applicant desires to establish a single family residential estate which largely cannot rely on the mainland or the Town for the provision of any services . Thus, the need for flexibility, i .e. , issuance of the variances, becomes apparent . C. Historical Land Uses On Robins Island and How the Proposed Plan is Consistent with the Historical Use As demonstrated in the Robins Island Historic Resource Survey of Buildings and Structures prepared by Robert J. Hefner (see discussion in "Attachment All to Full Environmental Assessment Form, Exhibit 8) , prepared at the direction and expense of the applicant, Robins Island is a relatively intact assembly of buildings and landscape that recall its long history as a shooting preserve. The existing structures on the Island pre-date the zoning ordinance of the Town of Southold. The GC01:32343 3 - Hefner report goes on to describe that Robins Island traditionally had five (5) dwelling units informally known as the Mackay House, the Lane House, Duck Inn, Gamekeeper' s Quarters and the Poultryman' s House. The Gamekeeper' s Quarters and Poultryman' s House have recently been converted by the applicant to agricultural operations and the Duck Inn, which was formerly the caretaker' s cottage, is proposed to be demolished as the structure is in various states of disrepair and cannot be brought UP to standards set forth by the Town Code and/or New York State Building Code. The applicant has attempted to adhere to the historical use of Robins Island in developing the Proposed Plan. As shown on the Zoning Variance Map prepared by James A. Thompson Architects, Ex. 8 to ZBA Application, the applicant proposes to restore and/or construct six (6) structures (one principle and five accessory thereto) containing space for habitable quarters : Mackay Cottage (B. 2) ; Lane House (B . 1) ; periodic staff quarters in Agricultural Compound (C.4) ; new caretaker' s cottage (C. 7) ; new family vacation home (D. 1, formerly E. 1 on the map accompanying the building permit application) ; and periodic staff quarters above the garage to the vacation home (D.4, formerly E.4) . While not having any intention to, the applicant. is entitled to subdivide the Island and the yield would likely be in the neighborhood of thirty (30) single family homes . Here, the applicant only seeks permission to reactivate, restore or construct six (6) dwelling units (four of which are the subject GCO1:32343 - 4 - 35521/3 of this variance application,)1 which is essentially the' exact number of dwelling units that have historically existed on the property. The original and pre-existing dwelling units were designed, built and used for residential occupancy for many years and they all predate the original zoning ordinance. As a similar amount of dwelling units existed on the Island prior to the adoption of the Town Code and during the tenure of the former owners as that sought in the Proposed Plan, there is no reason to place their successors (including the applicant) in any worse position. Furthermore, the applicant respectfully requests that the ZBA declare a change of use concerning the principle buildings on the Island. Specifically, the applicant requests that the new vacation home be considered by the Town as the principle use on the property and that all of the other structures containing habitable quarters be construed as accessory thereto. D. Relief For Additional Dwelling Units Require An Area Variance A residential use in a residential district does not require a use variance. Residential dwelling units are a permitted use under the R-400 zoning district . Five of the dwelling units proposed for Robins Island will be used Notice of Disapproval was silent as to Mackay Cottage (B.2) and periodic staff quarters in Agricultural Compound (C.4) and thus presumably no variances are required for these activities . GC01:32343 - 5 35521/3 peria ically'only by family, friends, guests and staff of the project sponsor. There will be no fees charged for overnight stays by such guests and staff. The only year-round use of a dwelling unit will be by the caretaker. The essential use of the Island is thus not being changed. Area variances involve matters such as density regulation. The requested relief is simply a change of area and not a change of use, i.e. , change in the number and location of permitted dwelling units. It is not a change in the character of the zoned district, i .e. , commercial use in a residential district. Accordingly, the less stringent standard of practical difficulties is the burden placed on the applicant in seeking the relief sought herein.' E. Variances Sought By Applicant As can be seen in the Notice of Disapproval the applicant received from the Town of Southold Building Department, the relief sought by the applicant is not substantial. As a 2. Assuming, arcruendo, the ZBA construes the dwelling units variance as a use variance, the applicant clearly shows unnecessary hardship because if the variances are not granted the applicant would not be able to realize a return on his investment of more than $11.2 million. The applicant purchased Robins Island in the belief he could validly use, restore and replace the existing dwelling units. The inquiry should properly focus on the value of the parcel as presently zoned. Permitting only one dwelling unit on the entire 434 acre parcel is certainly not something that would allow the owner to realize a return on his investment . The value of the property as currently zoned is significantly affected by the restrictive requirements of the R- 400 classification. Moreover, the denial of variance applications will deprive the owner of the beneficial use and enjoyment of his property. The bottom line is Robins Island cannot yield a reasonable return to the applicant if relief from the restriction in R-400 are not granted. In addition, the plan as proposed represents a substantial capital investment by the applicant and materially adds to the value of the property and will ultimately materially add to the tax base of the Town with no corresponding demand for the provision of municipal services . GC01:32343 6 35521/3 Tact ca tter :anii as discussed more thoroughly below, applicant cannot utilize his property or structures thereon without coming into conflict with certain of the restrictions of the zoning ordinance. Applicant seeks five (5) height variances for four accessory structures which, as proposed, will exceed the 18 foot height limitation as set forth in Article 3 , Chapter 100- 33 (A) of the Town Code and one (1) height variance for the family vacation home which exceeds the height limitation of 35 feet as stated in the bulk schedule for the R-400 zone. In addition, the applicant seeks four (4) variances to construct and/or renovate a new principle building, i .e. , the family vacation home, as well as three accessory dwelling units, the Lane House, a new caretaker' s cottage and new staff quarters for the vacation home . The need for this particular relief arises as a result of the zoning restriction contained in Article 3 , Chapter 100-31 (A) (1) which proscribes more than one dwelling on each lot. In total, the applicant seeks nine (9) variances. HEIGHT VARIANCES Applicant seeks height variances for the boathouse, A.2 ; garage and mechanical services building, B.1 . 1; recreation building, C. 1; the garage with staff quarters, D.4 (formerly E.4) 3; as well as the family vacation home, D. 1 (formerly E. 1) . Of particular importance is the fact that none of these 3 The applicant recently prepared a more descriptive map of the Proposed Plan that is submitted herewith but which was not submitted to the Building Department with its application. Thus, this explains the minor differences to the Legend identification for these activities . GC01:32343 - 7 - 35521/3 ghe ,the existing structures already on the Island, nor higher than the tree line. Height variances are being applied for the following activities : 1 . Boathouse (A.2) This is a proposed new structure to provide for control of property access, storage and protection of equipment and vehicles, .and for the comfort and safety of persons arriving and departing from the Island. The boathouse is proposed to be 35 feet tall and will be constructed above the 10 foot contour elevation and beyond regulated wetland areas to avoid triggering the need to obtain any permits from the Town' s Trustees and from the New York State Department of. Environmental Conservation ( "DEC" ) . The high bay central space for passage of vehicles to the pier and short term staging of materials and supplies in transit to the Island is absolutely necessary because the Island needs to be self-sufficient as there is no connection to the mainland. Equipment, goods and services, and emergency vehicles need to come in off the dock and through the boathouse in order for the operations of the Island to function safely and effectively. Thus, the relief sought is an absolute necessity for the general safety and welfare of the applicant, his family, guests, staff and visitors . Nearly the entire five miles of coastline on Robins Island will remain unchanged and this structure will architecturally be designed to be consistent with similar boathouses found throughout the Town. Moreover, by designing the boathouse to be taller, the applicant reduces the size of the footprint of the structure and thus reduces the visible impacts GC01:32343 - 8 35521/3 on the coastline. In addition, as noted in Mr. Hefner's Historical Report., as many as five (5) structures, including the old Brick Kiln Building, used to be located in the general vicinity of the boathouse and thus the boathouse merely represents the resurrection of a structure with similar height and bulk characteristics . 2 . Garage and Mechanical Services Building (B 1 1) This building, proposed to be only 20 feet tall (2 feet taller than that permitted) , will contain a boiler, water treatment systems and power transformers. Housing the mechanical services equipment near Lane Lodge will aid in efforts to restore this historical building and to optimize its completion. The building will also serve to meet the needs for the health, welfare and comfort of the occupants of the Island. The structure will be located adjacent to Lane Lodge which stands at approximately 48 feet high and across from Mackay House, which stands at approximately 25 feet . Thus, if the additional two foot variance is granted, this structure will still be less than half the height of Lane House and it will not be visible from any public right of way or vantage point . This fact clearly demonstrates the nature of this variance is not substantial, will not create an undesirable change in the character of the locality, and most certainly will not have an adverse impact on the physical or environmental condition of the property or the community. 3 . Recreation Building (C 1) This new accessory structure will provide space for athletic activities for the applicant' s family and guests . It GC01:32343 - 9 35521/3 wi1 i^ nclude `indoor"tennis, basketball and sq uash courts, among other things. Because the Island needs to be self-sufficient and the owner does not wish to place any burden on townwide community services, the applicant needs to take steps to provide for the recreational needs of his family and guests . As a largely undisturbed Island, there are no parks or playgrounds or recreational fields on the property. Since most of the Island activities will be held during the cold months on the Island, i.e. , during the hunting season, the need for enclosed recreational space becomes obvious. Having a taller building reduces the size of the overall footprint of the structure and reduces any impact of excavation and thus there will be less impact to the Island itself. Nestled far enough upland not to be visible from the coastline, at 45 feet tall, the recreational building will still be no higher than the existing structures already located on the Island and will be lower than the tree line . In addition, this proposed accessory structure will not have any undesirable change on the character of the neighborhood nor any detriment to nearby properties, nor will it have any impact on the physical or environmental conditions on the property or the neighborhood. 4 . Garage and Staff Quarters (D 4 formerly E 4) This accessory building is only seven feet taller than that which is permitted under the zoning Code . The first floor will be a garage for vehicles and storage for the owner' s proposed new vacation home. The second floor will provide periodic accommodations for vacation house staff . (See discussion below) . As there are no neighbors, there will be no GC01:32343 10 - 35521/3 undesirable change in the character of the neighborhood nor any detriment to nearby properties . This variance is not substantial and it will not have any impact on the physical or environmental conditions in the neighborhood or district . S . Family Vacation Home (D 1 formerly E 1) The vacation home also requires a height variance as it is proposed to be 45 feet in height, 10 feet higher than that permitted under the Code. The applicant desires to maintain the Island as a single family residential estate with some accessory structures and agricultural buildings . Considering the size and uniqueness of the Island, the vacation home will not be substantial, nor will it have any undesirable change to the character of the neighborhood or any impacts on the physical or environmental conditions on the property, neighborhood or district. As proposed, the structure will be compatible to those structures already existing on the Island, i .e. , Lane Lodge and Barn, etc . AREA VARIANCES FOR DWELLING UNITS 6 . Lane Lodge (B 1) Applicant proposes to repair, alter and complete this existing accessory structure built between 1917 and 1919 . The height of this building at the ridge is 48 feet . It is proposed to be used as a hunting lodge with periodic guest quarters . The structure is in excellent condition, but unfortunately was never completed. Town officials and community members have encouraged the applicant to complete the construction of this building to preserve the historical significance of the structure. As the GC01:32343 35521/3 7 Exbibit�Exhihit 9 Fvhihit 3 applicant desires to use the Lane Lodge for guests, the use and occupancy of the dwelling unit will only be periodic. Denial of the variance request would prevent the applicant from realizing a reasonable return on his investment and reasonable use and enjoyment of his property and could lead to the unnecessary demolition of the structure or force the applicant to pay taxes on a building he cannot utilize. This hardship is certainly unique and is not self created. In addition, the request will not alter the essential character of the neighborhood nor will it have any adverse impact to the physical or environmental conditions in the neighborhood or district . 7 . Caretaker Cottage (C. 7) This new accessory structure is proposed for use by a year-round caretaker. Conceptually this structure simply replaces the old caretaker' s cottage known as the Duck Inn. To deny a variance for a structure for a full time caretaker would create risks and put demands on community services by forcing non-resident caretakers to travel year round, at all hours of the day and evening, in all types of foul weather, to and from the Island with the risks associated therewith. In fact, in discussions with the local fire department, the applicant was encouraged to have a complete level of fire protection services including an on-site year-round caretaker. From a life safety perspective, this use is absolutely necessary. Moreover, in essence, since the applicant proposes to demolish the old caretaker' s cottage and construct this new caretaker' s cottage, albeit in a different location, there will be no net increase in the amount of such structures on the Island. The alleged GC01:32343 - 12 35521/3 unique as few, if an hardship is uni , y, parcels of- this mag nitude exist in the Town requiring year-round caretaker services. The request will not alter the essential character of the community. In addition, the caretaker cottage is proposed to be located in the already largely disturbed Farm Center so there will be no adverse impact to the physical or environmental conditions in the neighborhood or district. Furthermore, location of the structure in the central region reduces any visible impact on public rights of way. 8 . Family Vacation Home (D 1) As initially discussed in the Height Variances section of this exhibit, the applicant also seeks permission to construct a new residential structure to be used as a family vacation home. It is the applicant' s intention to make this structure be the principle use on Robins Island and to view all other structures as accessory thereto and/or agricultural uses .' Until such structure is constructed, however, the Building Department has determined that the Mackay Cottage will be the principle use and thus is requiring the applicant to obtain a variance for this use. The applicant is clearly entitled to construct one principle dwelling unit on his parcel and, to the extent all of the existing structures were not present or were demolished, the need to obtain said relief would not exist . Thus, the hardship is unique and not self created. 4 As previously stated, the applicant requests the ZBA to declare (or change the use) that the vacation home (D.1) , not the Mackay Cottage (B.2) , is the principle use on the Island. GC01:32343 - 13 - 35521/3 This structure will be architecturally and environmentally appropriate for the parcel. To prevent the applicant from constructing a vacation home on his parcel would prevent him from realizing a 'reasonable return on his investment. The hardship faced here is unique and does not apply to a substantial portion of the district as there are no other 434 acre privately owned islands in the Town. As the applicant is attempting to create a private estate compound the request will not alter the essential character of the district, nor will it have any impact on the physical or environmental conditions of the parcel or neighborhood. (See EAF and exhibits) . 9 . Vacation Home Staff Ouarters Above Garage (D.4 , formerly E.4 The second floor of the garage to the family vacation home is proposed space for periodic use as vacation home staff quarters . The staff will only occupy the quarters when the owner or his family is visiting the Island. Conceptually, this use is nothing more than an unattached guest or staff quarters . It will not alter the essential character of the neighborhood, nor is the request substantial . In addition, as the garage itself is clearly a permitted accessory use and will likely be constructed in any event, the proposed second floor for staff quarters will not have any impacts on the physical or environmental conditions in the neighborhood or district . F. Additional Reasons for Appeal In addition to all of the reasons set forth above and in a summary fashion the applicant sets forth the following: GC01:32343 - 14 35521/3 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 I?:Ezt�ibit,7 { • STRICT APPLICATION OF THE ORDINANCE WOULD PRODUCE practical difficulties or unnecessary hardship FOR ALL VARIANCES SOUGHT because as demonstrated above unique features and other limiting natural resources of an island require it. As currently zoned, technically only one dwelling unit is permitted on the entire parcel. If no variances were granted, the applicant would not be able to realize a return on his investment . • THE HARDSHIP CREATED IS UNIQUE AND IS NOT SHARED BY ALL PROPERTIES ALIKE IN THE IMMEDIATE VICINITY OF THIS PROPERTY AND IN THIS USE DISTRICT because the property is an island and the applicant owns the entire island. Thus there are no properties in the immediate vicinity of this property. In fact, since there are no immediate neighboring properties and since the entire parcel is waterfront, setback and other requirements are not even appropriate. Furthermore, restrictions and standards in a zoning code are primarily designed to protect adjacent properties from interference, obnoxious uses and from causing any negative impacts on property values . None of these items are relevant to Robins Island because there are no neighbors . An island by definition is unique and it is apparent that the Town Code doesn' t take into consideration the likelihood of one person owning an entire island. Thus the uniqueness of this project is implicit . GC01:32343 - 15 35521/3 "`=-,&hihit 7 Exhibit 2 Exhibit.3_ ! Exhik*4. _-- S. • THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AND WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the plan has no negative effect on the environment . The proposed plan for Robins Island is consistent with the Town Master Plan. The relief sought is less disruptive than other options . The applicant should not be forced to subdivide the Island to use his property consistent with its compatible historical uses . The relief will not create undesirable changes in the character of the neighborhood because there are no neighborhoods on the Island and the closest residential homes are nearly one mile away. G. Additional Public Benefits The benefits sought by the applicant are those shared by the community. Through numerous informal meetings with Town officials, the Town strongly encouraged the applicant to try to work within the existing Code and not to carve up the Island into lots . Thus, the plan avoids subdivision and keeps the property in single ownership. The essential character of the locality will not be altered. There will be no undesirable change nor will there be any detriment to the health, safety and welfare of the community. The variance will be in harmony with the Town Code which, as previously discussed, seeks to preserve large quantities of open space and the rural character of the Town. Moreover, as the Island will remain in single ownership and is being designed to be self sufficient, as it must be, there will be little or no increase in the demand for community services if GC01:32343 - 16 35521/3 the relief requested herein is granted. (See EAF and exhibits thereto) . In addition, the police powers of the Town are not compromised by granting this relief and there will be no precedent setting value of granting the variances as there are no similarly situated parcels in the Town. Theproposed Plan of Robins Island and the relief requested furthers the public interest . Over 90°s of the Island is not affected by any of the improvements proposed by the applicant . In fact, although the allowable lot coverage of the Island is So of the buildable land of 309 . 3 acres, the total building area as proposed by the Proposed Plan is approximately one-half of one percent (0 . 5790 As the Proposed Plan seeks to utilize only an insignificant portion of the property while leaving the remainder undisturbed, the public benefits of the Proposed Plan exceed the private benefits obtained by the applicant . SUMMARY A strict application of the zoning ordinance would i produce practical difficulties or unnecessary hardships to the applicant . The hardship created by the Town s restrictive R-400 zoning classification is unique, as is Robins Island itself, and is not shared by all the properties alike in the immediate vicinity and in the same use district as there are no other similarly situated parcels . Moreover, the variance will not change the character of the neighborhood and will observe the spirit of the ordinance and further the goals of the Towns Master Plan. The public safety and the public welfare will be CC01:32343 17 - --_ 35521/3 I Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 of+Y secured. Finally, as demonstrated above, substantial justice requires approval of the relief sought herein. GC01:32343 - 18 35521/3 Nixon, Hargrave, Devans & Doy�e Attorneys and Counselors at Law ONE KEYCORP PLAZA A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS CLINTON SOUARE ALBANY.NEW YORK 12207 990 STEWART AVENUE POST OFFICE BOX 1051 1518I 427-2650 ROCHESTER,NEW YORK 14503 GARDEN CITY. NEW YORK 11530 (716) 263-1000 1500 MAIN PLACE TOWER (5161 e32-7500 BUFFALO.NEW YORK 14202 FAX. (5161 632 7555 O SUITE JOO I61 553-BI00 5 f ( p } - j I•_ f PONE TH SUITE 7 CIRCLE I ) WASHINGTON, D.C. 20005 437 MA DISON AVENUE ( 1202)457-5300 NEW YORK.NEW YORK 10022 ltl( +` (2121 040-3000 NiRITER'S DIRECT DIAL NUMBER: ) 1(516) 832-7540 April 28, 1995 Honorable Thomas Wickham Supervisor Town of Southhold Southhold Town Hall 53095 Main Road Southhold, New York 11971 Dear Tom: I just wanted to thank you, Gerry Goehringer and Laury Dowd for taking the time to meet with Jim Thompson and myself yesterday to discuss "conceptually" what Louis Bacon' s long-term plans are for Robins Island. Mr. Bacon plans to continue being a careful steward of the Island and we appreciated the input and insight from all of you. We look forward to receiving some additional guidance from the Town as to how best to proceed with Mr. Bacon' s plans. As you suggested, Jim and I will reach out to Dick Ward to discuss these preliminary plans with him and we would appreciate it if you give him a heads up that I' ll be calling. Also, as we discussed, we respectfully request that all of you please keep our discussion confidential until Mr. Bacon' s plans are formalized. Thanks again for all your help. Best regards, Kevin S . aw KSL: cm CC : Louis Bacon Gerry Goehringer Laury Dowd, Esq. GC01:26726 35521/3 COUNTY OF SUFFOLK Y� J ®rsol V COUNTY LEGISLATURE FRED W. THIELE. JR. P.O. Box 599 LEGISLATOR. 16TH DISTRICT SAG HARBOR. NEW YORK 1 1 963-001 2 CHAIRMAN: l61 W 725.4915 PUBLIC WORKS COMMITTEE MEMBER: ENERGY AND ENVIRONMENT COMMITTEE n // � If HEALTH COMMITTEE 1 PARKS AND RECREATION COMMITTEE SENIORS COMMITTEE FIRE. RESCUE. AND EMERGENCY SERVICES COMMISSION March 10, 1989 Dear Mr. Goehringer: This letter verifies that on February 21, 1989 Suffolk County Resolution #869 designating the lands within 500 feet of the Peconic/Gardiners bay system as a Critical Environmental Area, has become effective. The New York Department of Environmental Conservation has required that notifica- tion be made to relevant municipalities and agencies. Accordingly, enclosed you will find a copy of this legislation and a map delineating the Peconic Bay and Environs Critical Environmental Area. I realize that the scale of the enclosed map makes it very difficult to discern the foot shoreline area. Please be advised that a larger scale set of maps delineating the C.E.A. has been filed with each of the five East End townships. In addition, a set of maps is on file at the Office of the Suffolk County Legislature at the Riverhead County Center. Please feel free to contact me if you have any questions concerning this matter. Sincerely, Fred W. Thiele, Jr. Suffolk County Legislator FWT:dm6 16th District CORRECTED COPY 8/2/88 Intro. Res. No. 1707-88 Laid on Table 7/12/98 Introduced by Legislator Thiele RESOLUTION NO. - 1988, ADOPTING LOCAL LAW NO. YEAR 1988, A CHARTER LAW TO EXPAND THE DESIGNATION OF CRITICAL ENVIRONMENTAL AREA (PECONIC BAY) WHEREAS, there was duly presented and introduced to this Count% Legislature at a regular meeting held on 1999, a propose• local law entitled, "A CHARTER LAW TO EXPAND THE DESIGNATION OF CRITICA ENVIRONMENTAL AREA", and said local Law in final form is the same as .re- presented and introduced; now, therefore, be it RESOLVED, that said local law be enacted in final form as follows: LOCAL LAW NO. YEAR 1988, SUFFOLK COUNTY, NEW YORK A CHARTER LAW TO EXPAND THE DESIGNATION OF CRITICAL ENVIRONMENTAL AREA BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, a: follows: Section One. Legislative Intent. This Legislature hereby finds that the Peconic Bay and its immediat surrounding area contain natural resources requiring the most stringent steps t protect them as integral components of Suffolk County's unique environment fragile scenic beauty. This Legislature further finds and determines the following in connectio with the nature of Peconic Bay and its immediate surrounding area: 1. ) that its preservation will constitute a benefit to th public health; 2. ) that any development of portions of this land migh adversely affect the public or private drinking water supply an constitute a threat to the public safety; 3.) that the vegetation and fauna of this land constitute natural setting providing a wildlife habitat and open space; 4.) 4+tlat it is part of the County's heritage of Long Island an IS of histoltk recreational, and educational significance; 5.) that It contains an inherent ecological, geographic- hydrological sensitivity to change which could be adversely affecte:_ any change in the natural characteristics and integrity of the landscape vegetation, soil, or aquifer of this land; 6.) that it constitutes an important factor in the proliferatio or perpetuation of wildlife, plant communities, open space, scenic valu•- purity of groundwater and surface water, wetland values, and/or watersh- protection; and 7. ) that it harbors or contains habitats for endangers threatened, or *special concern' species, as identified by federal or N York State authorities, and/or rare species or care-plant communities identified by the New York Natural Heritage Program, as being of state global significance. Therefore, the purpose of this law is to expand the designation sensitive land within the County of Suffolk as a critical area of environment concern so as to ensure that any action* taking place wholly or partially Witt or substantially contiguous to such area will be considered as Type I actic under the NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) , and Local 1 22-1985, thereby increasing the likelihood that environmental impact statemer will have to be prepared for projects and/or actions commenced therein. Section Two. Definitions. A. Actions shall mean; L. 1 projects or physical activities, such as constriction a other activities which change the use or appearance of any natur1 resource or structure, which: ( i) are directly undertaken by an agency; or (ii) involve funding by an agency; or (III) require one or more permits from any agency o agencies; 2.1 planning activities of an agency that commit the agency to definite course of future decisions; 3. ) agency rules, regulations, procedures, and and 4. ) combinations of the above. B. Capital Projects commonly consist of a set of activities or step (e.g. planning, design, contracting, construction, and operation) . For th purposes of this law, the entire set of activities or steps can be considered a action. If it is determined that an environmental impact statement i necessary, only one draft and one final environmental impact statement nee ' prepared on the action if the statements address each step at a level of de' sufficient for an adequate analysis of environmental effects. In the case of project or activity involving funding or a permit from an agency, the ent-. project shall be considered an action, regardless of whether such funding permit relates to the project as a whole or to a portion or component of it. •• Section Three. Expansion of Critical Environmental Area. Section 37-7 (A) of the SUFFOLK COUNTY CHARTER is hereby amended by tt addition of a new subsection 9 to read as follows: S3 7-7 A. The following lands within the County of Suffolk, as mo particularly described below, are hereby designated as criticz environmental areas pursuant to 6 NYCRR S617.4(j) . 9.) The ba s east of the mouth of the Peconic River to a includingH s Sound the land beneath the bays and all La: __ _t_ v_ St n five hundred eat o the Shore ne QL the bay an oc its tributaries- Section Four. Hxemotions. This law shall not apply to the following actions: 1. ) replacement of a facility, in kind, on the same site unles such facility meets any of the thresholds in 6 NYCRR S617.12; 2. ) the granting of individual setback and lot-line variances; 3.) agricultural farm management practices includi construction, maintenance, and repair of farm buildings and structure and land-use changes consistent with generally accepted principles farming; 4. ) repaving of existing highways not Involving the addition new travel lanes; 5. ) street openings for the purpose of repair or maintenance existing utility facilities; 6. ) installation of traffic control devices on existing stree roads, and highways; 7. ) public or private forest-management practices other than removal of trees or the application of herbicides or pesticides; hero. Res. No. 1707-88 'jge 3 8. ) construction or placement of minor structures accessory �c appurtenant to existing facilities including garages, carports, patios , home swimming pools, fences, barns, or other buildings not changing Jan use or density; 9. ) maintenance of existing landscaping or natural growth; 10.) mapping of existing roads, streets, highways uses, anc ownership patterns; 11. ) inspections and licensing activities relating to t:. qualifications of individuals or businesses to engage in their bushes or profession; 12. ) purchase or sale of furnishings, equipment, or supplies . including surplus government property other than land, radioactive material, pesticides, herbicides, or other hazardous materials; 13.) routine or continuing agency administration and management not including new programs or major reordering of priorities; 14.) license, lease, and permit renewals where there will be nt material change in permit conditions or the scope of permitter activities= 15. ) routine activities of educational institutions which do nc involve capital construction including school closings, but not change it use related to such closings; 16. ) information collection including basic data collection an research, master-plan study components, water quality and pollutio studies, traffic counts, engineering studies, boring studies, surveys and soil studies that are not a preliminary step towards any given Type project; and 17.) minor temporary uses of land having negligible or n permanent effect on the environment; IS- ) collective bargaining activities; 19.) investments by or on behalf of agencies or pension a retirement systems, or refinancing existing debt; and 20.) the extension of utility distribution facilties to sere new or altored single or two-family residential structures, or to rende service in approved subdivisions. Section five. SEQRA Determination This Legislature hereby finds and determines that this law constitutes at unlisted action pursuant to 5617.2(a) (b) of Title 6 of the NEW YORK CODE n' RULES AND REGULATIONS (NYCRR) and will not have a significant adverse impact .. the environment within the meaning of S"109(2) of the NEW YORK ENVIRONMENTA' CONSERVATION LAW for the following reasons; 1.) the public health will be promoted and benefited by t contemplated designations; 2. ) areas that have inherent ecological, geological, hydrological sensitivities to change will be favorably affected; and 3. ) enactment of this law will not result in any changes in u or adverse impact on the environment contemplated by 5617.11 of the SEC regulations. Section Six. Co untY_DsoartmentS All County departments, agencies, employees, officers, offic-a: contractors, and consultants shall fully cooperate with the Suffolk Cou. Legislature upon the request of any legislator, the Legislature as a whole, any authorized agent thereof, in implementing the provisions of this law. Section Seven_ Ef factive Da to P intro. Res. No. 1707-38 This law shall take effect immediately upon filing in the office of t-n Secretary of State. This law shall also be filed with the Commissioner of th• New York State Department of Environmental Conservation with said designation to take effect thirty (30) days after such filing in accordance with 6 NYCR- 5617.4(k) . i Underlining shall mean addition. DATED: �- APPROVED BY: [. County Executive of Suffolk County F€ Date of Approval: i 3 4{1 I I I 4 } t f i � • I i CONNf Cr ICM _ ��-- NEW YCRX bo..p4ud Sound "(\ 1 1 1 11 iI A N D \w� 1 S O N p � Block 1 r... < ram" /• _ Island _ _.�• `,.\ / Sound 1E a ` /- Gardiner, - Bay .. ._...— i�• _ _ Little Pecomc ''' ' f� BOY .. � Great + A N u.yr '}, oPeavue BoY Y Y F4ad",BaY , Pec I. nlC / Bay Itorw - I"..r ^i _ ..,.....•�•....•,,....••r••r� [[ `+ r f I t l N I M P 1 0 N e� y,,...+"•r•.... f 0- 0I k ; PECONIC BAY ESTUARY - _ V=t , 5 `°"er .:. CRITICAL ENVIRONMENTAL ZONE � No { Y�. � `" r d Black line represents IV Five Eastern Towns µ _ County of Suffolk, New York _. 500' from Peconic Bay and tributaries •� L A N T / CPrepared by: - SUFFOLK COUNTY PLANNING DEPARTMENT O C E A N o�osuFFoc�-�o APPEALS BOARD MEMBERS o �° Southold Town Hall Gerard P. Goehringer, Chairman „ � 53095 Main Road Serge Doyen,Jr. y ® �� P.O. Box 1179 James Dinizio, Jr. Oj �,0� Southold, New York 11971 Robert A. Villa Fax (516)765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 14, 1995 Kevin S. Law, Esq. Nixon, Hargrave, Devans & Doyle, LLP 990 Stewart Avenue Garden City, NY 11530 Re: Variance Requests - Robins Island Dear Mr. Law: This letter will confirm that the above application for variance relief was delivered on November 8, 1995 and is presently under review by the Members of the Board of Appeals. It is expected the once the information requested below is furnished, the application will be further processed." The Board Members decided that it would not be inappropriate to commence sending out notices at this time indicating that we have received an application which will be subject to a Type I determination. The Board Members wanted to allow time for the other involved agencies to comment on the project and offer lead agency recommendations. It is expected that those agencies will reply within three to four weeks. The agencies directly involved are those having jurisdiction in this project, to wit: Suffolk County Health Department, Town Trustees, N.Y.S. Department of Environmental Conservation, and Cutchogue Fire District. Copies of the application with accompanying documents have also been submitted to the Town Attorney and Councilwoman/Deputy Supervisor Ruth Oliva on behalf of their departments. The following is requested for submission to our office as early as may be possible: (a) seven (7) copies or sets of rough sketch(es) of every building and structure showing the height and elevations with roof styles. These sketches were not, we understand, submitted to the Building Inspector for consideration when the Notice of Disapproval was issued. The Southold Town Zoning Code defines .different rules for different roof styles and this information is imperative. Page 2 - Kevin S. *, Esq. • Re: Variance Requests - Robins Island (b) information such as proposed drainage facilities to show adequacy to retain waters due to rainfalls and runoff from the buildings and impervious surfaces (this may be submitted at the December 6, 1995 hearing and seven (7) copies will be needed); (d), written confirmation as to the status with County Health Department, Town Trustees and N.Y.S.D.E.C. , explanation of the applications pending, and copies of the approvals issued. If approvals are pending, please furnish copy of filing receipt with department reference numbers, and/or recent correspondence from that agency. An on-site inspection date has been tentatively set for Decem- ber 2, 1995. If the above are submitted within the next two weeks, it is expected that a public hearing will initially be commenced at our December 6, 1995 Regular Meeting. Please be aware that other considerations under SEQRA in this project are expected to include the new location and construction of access drives, drainage facilities, new lawn areas and removal of trees for the necessary location and construction of the buildings, as well as the buildings which fall under the variance requests, location and adequacy of septic systems, water wells, as well as any proposed alterations or modifications to existing land contours, and proper retention of rain water runoff, and other concerns. If you have any questions, please feel free to call our office. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN P . S . Also attached are copies of communications to and from Charles Voorhis & Associates , Inc . concerning a "preliminary" review and cost estimate . Although the application has not as yet been deemed complete , copies of the LEAF have been distributed to the involved agencies - pending your filing of the formal County Health and Town Trustees applications for a coordinated review . APPEALS BOARD MEMBERS hZ` Gy w ` Southold Town Hall Gerard P. Goehringer, Chairman r n Y 53095 Main Road Serge Doyen.Jr. y y • �C , P.O. Box 1179 James Dinizio, Jr. 'yOj �0�•r Southold. New York 11971 Robert A. Villa = ` Fax(516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 9, 1995 Mr. Charles J. Voorhis Cramer, Voorhis & Associates, Inc. 54 North Country Road Miller Place, NY 11764 Re: Application for Variances - Robins Island (Bacon) Dear Mr. Voorhis: Delivered herewith is a complete set of documents received regarding the above application and forwarded to you for.:- (a) your comments and analysis in the environmental review regarding a Type I Action under SEQRA; (b) a cost estimate from you for all stages of environmental reviews. Also, please be aware that a preliminary on-site inspection has been arranged with Kevin Law, attorney for Robins Island for Saturday, December 2, 1995 at approximately 9:30 a.m. (arriving by 9:15 a.m.) - We hope that you will be able to attend. Please feel free to call our office if you have any questions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN 10 L CHARLES V MNOkG OCIATES, INC. V� ENVIRONMENTACONSULTANTS J November 10, 1995 Mr. Gerald P. Goehringer, Chairman Board of Appeals 3 Southold Town Trustees 53095 Main Road P.O.Box 1179 Southold, New York 11971 Re: Robins Island Full Environmental Assessment Form Environmental Review Services Dear Gerry: As per your request, we have performed a preliminary review of the above referenced document in order to provide a proposal for review services. Based on this review,and anticipated meetings, field time, and related services, the following scope of services and cost estimate is provided: Task 1 Review Full EAF,map submission and accompanying documents. Task 2 Perform a field inspection of the subject parcel. Task 3 Meet with Board of Appeals at time of presentation by applicant Task 4 Suggest corrections/clarifications of Full EAF as necessary,and provide a draft detailed comment letter on environmental planning aspects of the proposed project Task 5 Gain input from Board of Appeals during course of review and draft comment letter. 7^--,k 0 - Tnlaa .^..:.C:.^...:.,3t:letter and provi&-rcconimcnaatior.for determination of significance. . The fee for the above referenced services is based on the time necessary to complete the tasks and our standard hourly rates, and will not exceed $1,200.00. Please provide authorization if you wish us to proceed, or feel free to call if you have any questions. Very trul your , arles J. Voorhis, CEP,AICP 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 • (516) 331-1455 • FAX 331-8046 • ��SUFfOC�-c APPEALS BOARD MEMBERS "A Southold Town Hall Gerard P. Goehringer,Chairman %A% T 53095 Main Road Serge Doyen, Jr. y �4t P.O. Box 1179 James Dinizio, Jr. Oj �0� Southold, New York 11971 Robert A. Villa Fax(516)765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Hand Delivered November 15, 1995 TO: (XX) Suffolk County Department of Health Services (XX) N.Y.S. Department of Environmental Conservation (XX) Southold Town Trustees (former Lead Agency) RE: Robins Island, Town of Southold - ID #1000-134-3-5 COORDINATION UNDER SEQRA As part of the reviews required under Part 617 of the N.Y.S. Environmental Quality Review Act (SEQRA) and Chapter 44 of the Code ra° of the Town of Southold, this department has received an application for multiple variances under the Southold Town Zoning Code. This Department hereby coordinates this application to your agency at this time to determine: (X) This project is subject to SEQRA and will be determined to be a _Type I Action (located in a Critical Environmental Area expanded pursuant to Section 37-7A of the Suffolk County Charter) ; (X) Your interest for the Lead Agency Determination is requested and your response indicated below and returned to our office. Considerations under SEQRA in this project may also include the new location and construction of access drives, drainage facilities, new lawn areas and removal of trees for the necessary location and construction of the buildings, all accessory structures, septic systems, water wells, and any proposed alterations or modifications to existing land contours and direction of rain water runoff. Upon receipt of the following, an on-site inspection will be held (tentatively set for December 2, 1995) , and the following information has been requested from the applicant for receipt by December 1, 1995 for review at a tentative public hearing to be held on December 6, 1995: (a) seven (7) copies or sets of rough sketch(es) of every building and structure showing the height and elevations with roof styles. (These sketches were not, we understand, submitted to the Building Inspector for consideration when the Notice of Disapproval was Page 2 - Coordination Re: Robins Island Zoning Variances issued, and the Southold Town Zoning Code defines different rules for different roof styles. (b) information such as proposed drainage facilities to show adequacy to retain waters due to rainfalls and runoff from the buildings grid impervious surfaces; (c) status with County Health Department, Town Trustees and N.Y.S. Department of Environmental Conservation (which status info was not shown on page 5 of the LEAF at Exh. 8.) If approvals were received, please furnish. If approvals are pending, please furnish copy of filing receipt with reference number or recent correspondence from that agency. Other information may be deemed necessary as a result of the necessary formal reviews in this project and filing with other agencies for , required permits. A_? i Dated: November 15, 1995. SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road, P.O. Box 1179 Southold, NY 11971 (516) 765-1809 Reply Comments as follow: L LYCHARLES V SOCIATES, INC. V� ENVIRONMENTC6_N G CONSULTANTS J November 10, 1995 Mr. Gerald P. Goehringer, Chairman Board of Appeals Nov3 Southold Town Trustees 53095 Main Rbad P.O. Box 1179 Southold, New York 11971 Re: Robins Island Full Environmental Assessment Form Environmental Review Services Dear Gerry: As per your request, we have performed a preliminary review of the above referenced document m order to provide a proposal for review services. Based on this review, and anticipated meetings,field time, and related services, the following scope of services and cost estimate is provided: Task 1 Review Full EAF,map submission and accompanying documdnts. Task 2 Perform a field inspection of the subject parcel. Task 3 Meet with Board of Appeals at time of presentation by applicant. Task 4 Suggest corrections/clarifications of Full EAF as necessary, and provide a draft detailed comment letter on environmental planning aspects of the proposed project Tayk 5 Gain input from Board of Appeals during course of review and draft comment letter. T_^Y S cin a ce -=Ut.letter and provi&rccommcndatioe fbr det erm nation of significance. . The fee for the above referenced services is based on the time necessary to complete the tasks and our standard hourly rates, and will not exceed $1,200.00. Please provide authorization if you wish us to proceed, or feel free to call if you have any questions. Y ,his, CEP,AICP 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 • (516) 331-1455 • FAX 331-8046 TOWN. OF SOUTHOLD PROPERTY RECORD CARD OWNER ET I i i E;,, �aG (!(>.VA STREUn�.�,'Ul"tley.-land VILLAGE DIST I COUNTY TAX MAP NO SauThoGp DkyfE OPmrWr CoRCI T013INS ISLAA11) / 5 /oao &ND � IMP. TOTAL DATE REMARKS: P 3 Z boa. .5'/9/l,� - �G/ SOLD" 1. 1`1tn�cKn r S. D.C . � 3Sa 000. - NCLUCYN 2 1 AReas iN New 90l'oLK th, 5 8 P o - i v" s/5 95- �_r Awl . L. I OWNER STI2ET 3, IjITR�CT; ' SUB. LOT lv ,c3 7 FORMER OWNER N E ACREAGE !� L3Y s e) ?^ I �PGs ,V t c f5 £-C6h r c 3m 7 S W TYPE OF BUILDING J C'r a ,-7 r G /J� �� c . .r c d ' �� � i�y5 Is r RES. SEAS. VL FARM COMM. IND. CB. I MISC. wL �1 LAND IMP. TOTAL DATE REMARKS G n aU,216 7d 0 3 /G G / �z Q� 4 Cj 'M cSr 9 67 Yv ± 3 d - LaN�jU{S wosL YVIrL :.111�-GL( — 0j'�_ Ley1�Pr �3�C' IR:G —I Ott 14 I _ 42 _ �12r. ^Q A1 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value / {� Tillable 1 - Tillable 2 Tillable. 3 il- . , Woodland / 6 /17 - YI r9S"Z ySI - , I p Lrol Swampland k _ Brushland z/ra�eT r 4ri4e N-Y,d Mils Iebitct s House PIcT m �J D i "e I f i i i Iz 61 IY - ,�rs . � Cd .M. Bldg. r Extension Foundation Bath � ✓' Basement )p Floors Extension S3 X Ext. V✓alls � i'9 r Extension _ j� / Interior Finish > 3 , � A L fire Place rV Heat orc ------ --- --- Attic � � ------- Ir�i vI Ph =° Breezeway y y. Porch 8 Rooms Ist Floor Patio Garage — Rooms 2nd Floor O. B pp Driveway . �`� k �t6 I�Inr(fI 3 y 9 'OVYN O� SOU#T O O 'T","RECORD CAff-h 1 Af '; �•� �; �;/� �a4. I3�` C t dig'r����/ � 'A' ��F &PO a.. Ll ILII li limmommommom a _ ■ +n 1v r — v • ' i TNl- QBd�.�.a80»�l++rAal�l�d0 ' +� H1AOS 10 NMOl ,*a •o AomOA!J roIo3 1 of{o zaa3 l y»od d yojod a:)old aJi {uawas IrP3 uoi{opunc` ��y •yy . i - T OWNER STREET P VILLAGE DISTRICT SUB. LOT 6 AtRMEtR OWNER N E ACREAGE �33,�' S W TYPE OF BUILDING RES. SEAS. VL. FARM COMJv1. IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS — Cs G: i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE / wh�'� 150 . 6 Farm Acre Value Per Acre Value Tillable 1 Tillable 2 J — Tillable, 3 Woodland Swampland Brushland House Ploi Tota l r -ceQ I T�-ccOe s� r - x^ � �nl c cPtt�.�zc,u. M. Bldg. Foundation Bath Extension _ Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat --- Porch Attic i Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway B. ;�►: _ _ . lea � , r kPPEALS BOARD MEMBERS Gy off° Southold Town Hall Gerard P. Goehringer, Chairman `n„ ;:; %fjdn Road Serge Doyen,Jr. y • �� P.O. Box 1179 James Dinizio, Jr. O! �0� Southold, New York 11971 Robert A. Villa `ax(`16) 765-i823 Lydia A.Tortora Telephone (>i6) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM' FOR COORDINATION TO: Chairman and Board Members, Planning Board Chairman and Board Members, Town Trustees Building Department, Attn: T. Fisher FROM: ZBA DATE: November 30, 1995 SUBJECT: Coordination on Projects (Possible Jurisdiction and Reply Request) This will confirm that the attached Agenda will show the upcoming meeting of the Board of Appeals with the matters to be heard. It does not appear that any of these projects will be under a site plan or subdivision application, however, if you have an application pending which is under review, please forward your comments. We will then be in a position to coordinate the same with the applicant. o��gUFFO(,�-co APPEALS BOARD MEMBERS Southold Town Hal] Gerard P. Goehringer, Chairman �. nMe 53095.Main Road Serge Doyen,Jr. y �� P.O. Box 1179 James Dinizio, Jr. Oj �0� Southold, New York 11971 Robert A. Villa Fax(516) 765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD (� TO: Kevin Law, Esq. �y FROM: Linda Kowalski DATE: November 30, 1995 RE: Robins Island Visit on Dec. 2nd ��✓ 1 1^ List of Town Representatives expected to visit Robins Island on Sat. , ,30 December 2, 1995 at 9:15 a.m. a ZBA: Jerry Goehringer Jim Dinizio (�, O Bob Villa Lydia Tortora Town Attorney: Laury Dowd , O Assessors: Scott Russell n a � Possibly Bob Scott Town Board: Ruth Oliva _ yes C (� Joe Townsend 7M � Joe Lizewski J / (Maybe Tom Wickham) a �e /�^ a ( /tea J e PB Office: Valerie Scopaz, Sr. Planner rf '--Department- os� sibly one representative may attend. 11 iilding Department: (Possible one representative. ) ti 9 " -!� ! "Ne an w Board Member B#.r-c�ro oz e��- -- 3 hob (Tow k Ju erry ma of be e to atte s t the I�bo / leave if\ e is oft re b . 5. ) James A. Thompson - Architects Two Lafayette Court Greenwich, CT 06830 Tel: 203-625-5303 Fax: 203-625-5304 LEGEND Forest Fields, Grassland and Clearings (Existing) Mean Low Water Tidal Wetland Freshwater Wetlands (existing) Manmade Freshwater Ponds (new) 9 ,500 Beach and Intertidal Zone(0-2 feet A.S.L.) Building (Existing - Renovated) Building (New Construction) mmww� Primary Road & Parking - 13 Foot Min. Width Secondary Road & Parking - 10 Foot Min. Width 9,000 Trail - Vehicle Accessible ii Trail - Not Vehicle Accessible DE Water Well - Existing AP Water Well - Proposed Towers (Windmills, Shooting Sports, Etc.) wra 00 Approximate Boundary - Aquifer Recharge Zone 8,5 KEY FEATURES 11 A. Island Access Area A.I Pier,Docks&Landing Craft Slip A.2 Boat House B. Hunting Lodge Complex BA Lane Lodge 278,0()0 B.1.1 Garage B.1.2 Mechanical services Building B.2 Mackay Cottage B.2.1 Garage B.3 lee House Freshwater Wetland BA Windmill (Water Point) Boundary N.Y.S.D.E.C. I.D. NO.: C. Farm Center S H —5 4 C.I Recreation Building C.2 Tennis Court C.3 Sporting Clays Masts CA Agriculture/Maintenancd Compound -————————— —————————- CAI Workshop C.5 Clarriekeeper/Equestrian Barn C.5.1 Home Run-In&Paddock C.6 Dog Kennels A.t "A ll C.7 Caretaker Cottage "Ell C.8 Windmill/Telecommunications Water Storage C.9 Fire Protection Cistern Ap, C.10 Helipad North Field D. Family Area D.1 Family Vacation Horne D.2 Pool D.3 Pool Cabana DA Garage with Staff Quarters E. Gazebo Sites (3) ZONING ORDINANCE DATA Zone Classification: R-400 Low-Density Residential Tax Map Parcel #: 1000 - 134 - 3 - 5 Total Acreage: 435 acres n I Buildable Lan&-.-309.3 acres (125.7 acres deducted for Freshwater and Tidal wetlands, slopes over 15%) Allowable Lot Coverage - 5% of Total Total Building Area: 79,402 S.F. (1.823 Acres) Topographic Data From Survey Prepared by John J. Raynor, Land Surveyor No. 49318, Prepared December 12, 1994 from Field Work Completed October 14, 1994. -Northing and Easting Listings refer to the New York I State Plane Coordinate System, Long Island Zone. 275,500 11 275,000 12 274,500 � 13 274,000 reshwater Wetland Boundary N.Y.S.D.E.C. I.D. No.: SH -52 14 273,500 i'ru 15 273,000 16 z`72,500 17 7� Z OrM 18 271 ,500 ls, Freshwater Wetland 19 Boundary N.Y.S.D.E.C. I.D. NO.: SH-5 "Ell 27/ 1 ,000 7 1 ,00 NS IS D I C) Z PROPOSED PLAN 20 (ZONING VARIANCE APPLICATION) 270,500 70,50 50 200 0 100 400 21 SCALE - 1:200 Mean Low Water 270,000 70,000 PROPERTY OF LOUIS MOORE BACON SOUTH' LD TOWN, NEWYORK SOUTH FACE 22 Published: 6 November 1995 269,500 0 0 0 0 0 CD 0 NMI 0 0 0 0 0 0 0 0 0 LO 10 o N CN L' L c6 j K c-,i CN D E Copyright 0 James A. Thompson Architects ALL RIGHTS RESERVED N O N O �r1 O N O N b N O n O A B C � D ov E F G H I J K L M a rt a a a a < a a a a a < a N N tV N N [V N N N N N N N ry James A- Thompson - Architeets Two Lafayette c Greemvlch,cr O6830 1 NORTH RACE FTCL .2B3625-sio3 1 u:203625-3304 1.E(18ND 280,000 Finat 280,000 Feld,Cnaeilwd and Clemings(amdng) Mean Low Water Tdd walaea 2 FtmhwaW Wdwd(ez Mg) 2 Mmmde Paahw.W Pond(new) 279,500 0 Bach and bead"Zone(0-2fx A.S.L.). 279.500 Bu 1,ing(P.xiadng-Ronov&W) Bwldbg(New Caertmcdoe) 3 Pdmany Road&Parking-13 Fa Mk.Width 3 N� Bewvdmy ROW&Pd ff-10 Four Min.Width 1}ail-Vehicle Aovmws 4 279.000 =°I 279,000 Nail-Nor Vehick Aczwmbk Da We Wcu-Feting 4 ♦P Wa Weu-Purposed 4 ■ Taw.(WmtlmiDs.Shoung Spork,F2c.) tApgoaimae B.Mlay-Agoifa Recharge Zoce 278.500 �� 278,500 RBYFBATVR A IeLd Aacea Ara �r��nra�a�ma� 5 B. Buwd,Ldge COanPlo .,d-., ice- H.I Imer.Mp D B.1.'X�✓ 5.000 _ .... eaae�rra 278.000 N NrFO�M B]bNawe Freshwater 6 Boundary NYS 6 DEC- I.D NO CPaw�°W SH--54 cx>ca awava a*nar•N..ry 227 S00 - € °v �' l c. 4, x a t ra ,, 1, w ° 4 277,500 ______ _ _________�__ -_-__ uAn A�6 _ a a A 116 � {i G W1b�inlTdu- emloamJwmawye C9 qrt PmtlmfJVm I _ l �5 GIO 9nlptl D.P IyAm D.t P®yN.Nw- 227,u00 - B `�� hc' mwarv... 277,000 I o4Oa seam & Ouebo Srta (3) Ap� 'll �I J � � � 1 . . ,4. ZONING OBDINAN®,DATA - e 11l r Braldm© d 3Ra-0rns 4 ry T.A, k.1000-136-3-5 T : 435 ReeNentlal 276,500276,500 (tss.). daaam r me 15%)W and xgleolsnde,Bapee ova l396) TautB l&n COva .462SX.(L Taut Building Area: 79,462 gA.(1.823 Aver) 9 9 Tidal Wetland —.� TopopephicD Fore Sunny Prepved by John J.Reyna, / Boundary Land Sur eyor No.49318,PmpamdDaemha l2,1991 BieW Wak Cen hdd Oetabm 14.1994. 276,000 276,000 - sh,teN ad Eeativg Lsysue`rdae the Nevi Ymk B4e Plane Comdinare gynem,Loeg]sled Zone. 10 10 275,500 , t - - 275,500 11 � - —' 11 Freshwater Wetland Boundary NY.S.D.E C. LD. NO.: t SH-53 275000 _, , �.,�1 I 275,000 r 12 Freshwater Wetland v 12 Boundary Ns.st)E C. 0- NO.. SH-53 274,500 b 274,500 13 z 13 274,1)00 274,000 Freshwater Wetland X Boundary •'+' �' 14 WY.S.D.E.0 LD. NO,: 14 SH-52 271,"0 '73.500 15 G 15 273,000 ,-, Yi, 273,000 16 nor; 16 272,500 _ -- _ '� 272,500 l ll la ' 17 17 272,000 V" �-/ 272,000 g a ro /. 18 18 a "E" l ° I 271500 _�--------- _________u__ ,.. 271,500 I I 19 Freshwater Wetland---- 19 Boundary N.YSDE.c. I.O. NO 27+.;000 sH-5 "Ell 271,000 20 ROBINS ISLAND 20 PROPOSED PLAN 270,500 270.500 21 21 o m am SCALE- 1.:400 C-Mean Low Weter 270,000 270,000 PROPERTY OF LOUIS MOORE BACON 22 22 SOUTHOLD TOWN, NEW YORK SOUTH RACE 269,500 PuNbbed:6 NOrcmber 1995 269,500 CD 0 0 0 0 0 0 o 0 0 0 0 0 0 S o 8 to S o A B a C D 7 E F a G H I J K a L M C:\DRAW\PLOTFILE\11066POV.PLT cnPrdWaol®"Ai"°'pa°°A'me`uAu.Rf°1mReeml°®