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Home My WebLink About1000-134.-3-5 (2)PAGE TWO Robins Island Sale Decision May Be Near A Federal Bankruptcy Court may island's owners followed with a rule in a matter of days on the bid petition to the Bankruptcy Court by the owners of Robins Island to sell the property to a consortium of developers for $13.2 million and bypass the county's preservation ef- forts, the owners' attorney said this week. "I think it's going to come to a head very soon~' said Nassau at- torney Albert D'Agostino, who represents Southold Development Corp., the company that has own- ed the island since 1979 and hopes to sell to the builders. "A lot of things could happen, but I'm cautiously optimistic:' Regarding reports that Southold Development and the county have discussed a possible settlement that would transfer the island's title to Suffolk, D'Agostino said "we are not talking. There are no discus- sions going on, and I do not believe there will be:' A Year Past the Report The report that a bankruptcy court decision is imminent comes almost a year to the day after County Executive Patrick Halpin stood on the steps of Southold Town Hall and announced that the county had entered into an agree- ment to buy the 435-acre property for $9.2 million. But the title did not change hands, and in a matter of weeks the county filed an action in the State Supreme Court against Southold Development. Late last summer, the for Chapter 11 protection. Although the county is still com- mitted to acquiring what preserva- tionists have called the "crown jewel" of Suffolk's open space pro- gram, some lawmakers question the decision in light of a budget crisis that may force the layoff of some county workers. Suffolk also has run up a $210,000 bill for outside legal ser- vices in challenging the bankrupt- cy bid. That prompted Democratic Leg!siator Richard Schaffer of West Babylon to suggest that he may change his mind and support a move, which has repeatedly failed by one vote, to drop the island pur- chase form the open space program. Neither Schaffer nor County'At- torncy E. Thomas Boyle, were available for comment this week. Seeks New Deal Sitting in Westbury, Bankruptcy Court Justice Robert Hall is weighing Southold Development's bid to enter into a new agreement to sell the island to the Robis Cor- poration, a California company. Robis signed a $15.2 million con- tract in June, 1988 that was to have been completed the following January. When it was not, the firm lodged a complaint in the State Supreme Court. Last fall Southold Development Continued on Page 8 Robtns Island Sale I ~2ontinued from Page challenge. Rizzo~never obtained a 2 'tlsked the Bankruptcy Court to ~nction a new contract with Robis 'fOr $13.2 million, which the owners ~ will allow for full payment to all its creditors. In fighting the bankruptcy peti- tion, the county contends that owned by son, only to add $4 million to i purchase price~ controlled by members of i Aston Group, a Long Island- ~ 4 signed a contract to buy the obtain- an interest in Robis, the Aston ~ stands to gain title to the tt it spend last year. Both sides of the dispute have ~ awaited a decision from Judge Hall; who in November and again ~ April indicated that he had t,,~hed a decision on the revised !~bis sale. ;~ ~[~hortly after the county joined ~ ~'oankruptcy action as an oppo- i:~, Islip Legislator Joseph Rizzo ;~a bill seeking to drop the pur- ;~t~e funding from the open space ~ram, and to withdraw the legal 10-vote majority to bring the measure out of committee, and the bill died earlier this year. Although he told First District Legislator Michael Caracciolo of Wading River that he would not push for the bill's passage, Rizzo this week said he would vote yes if another lawmaker submits it. Of his pledge to Caracciolo, Riz- zo said "I never told him I wouldn't vote for it. I told him I wouldn't in- troduce it, there's a difference:' The measure has not yet resur- faced with another sponsor. Several observers believe the legislature will not address the issue until after the Bankruptcy Court renders its decision. The court has several options to consider, including agreeing to the new Robis contract, dismissing the case or sending the dispute back to the state court. Any decision leading to further court considera- tion is likely to rekindle the debate over whether the county attorney's office has the authority to continue the case or, as some charge, is without legal standing in that the ~uffolk Legislature never approved the litigation. County Attorney Boyle and County Executive Patrick Halpin contend tion is the le$illatu~ ~,tt lawmah~ decision against the $1~r~hlml facility ~lUii~ tl~'l consent. The tie, as the ~ the ratioll~l~ on legislative lawsuit;' Yhe ~tl~y ~ tllll,~It~l~f: million, s before tll{ auction on th~ ~ ~B~nk of New,day / Jim Peppier Robins Island looking north with New Suffolk peninsula at top Signer's Absence Leaves Robins I. Closing in Limbo By Steve Wick and Kathleen Kerr Just 24 hours before Suffolk's purchase of Robins Island was to be signed, sealed and delivered, a major glitch left officials wondering if the county will ever own the teardrop-shaped island. Closing was scheduled for noon today in Hauppauge, but as of last night County Attorney Thomas Boyle said the deal was in trouble be- cause Claus Mittermeyer, who signed the contract with Suffolk, was still in Liechtenstein, where the corporation is based that owns Robins Island through a subsidiary. "Mittormeyer is in Liechtenstein and does not intend to appear to- morrow at the closing," Boyle said. Mittermeyer was the head of South- old Development Corp. when it agreed on June 7 to sell the island to the county for $9.2 million. However, his status has since been put in question by an attorney for Robinsenade A.G., the Lichtonstein corporation that owns Southold Development. Mittormeyer is embroiled in a legal dispute with Elmar Bessig, who replaced him with the backing of Robinsonade on June 30 as president of the Southold Development Corp. Boyle said the county will file a lawsuit '._oday in State Supreme Court in Suffolk to compel conveyance of the property if Mittermeyer does not appear at the closing. Boyle said Bessig was supposed to sign documents reinstating Mitter- meyer as president of the Southold Corp. in order to allow him to go ahead with the closing, but "apparently their understanding has fallen apart." On Wednesday, Richard Cooper, an attorney for Robinsanade, said that the company intended to honor the contract signed by Mittermeyer to sell the land. Yesterday Cooper offered to sign for Robinsonade at the closing, but the county, citing a lawsuit Mittermeyer has brought against that corporation challenging his removal, declined the offer fearing further legal complications. Mittormeyer's attorney, Robert Folks, could not be reached foc ment early last night. z mcalled ...... for the l=vo~/{a'at;on {n ?985 be- cauL_ of what he perceived as mis:~(mduct, perjmy was once l~w Iorl~ ~tate Demdcratlc chairman. Namm was elected to the bench in what he con- siders a fluke, in the Watergate year of 1975, which less fulfilling, which epparent!y is the worst they can do to a whistlebIower who happens to be a sit £aig jud2-c. Some Guardian Depositors at Risk By Greg Steinmetz Depositors who entrusted more than $100,000 to Guardian Bank, the maxi- mum amount insured, could lose up to a total of $10.8 ~nillion in light of the institution's failure last month, a feder- al regulator said yesterday. It is possible the 250 depositors in question could be reimbursed for much of their losses, depending upon how ~nuch the government can raise by sell- ing the bank's assets, said Jerry Huff- man, the official of the Federal Deposit Insurance Corp. who is handling the liquidation. But Guardian, which was closed thre~ weeks ago amid allegations of fraud and negligence, is shaping up to be one of the few failures in recent United States history in which people stand to lose money. Of the 102 banks that have failed this year, depositors have lost nothing in 88 of the cases because the FDIC arranges for another bank to take over the de- posits. But b~cause Guardian was dog- ged by accusations of wrongdoing, the government believed no other bank would want it. In fact, Guardian was in such bad shape that the FDIC made no attempt to find a buyer, said FDIC spokesman Alan Whitney. · Guardian, based in Hempstead, took tn amounts primarily from customers on Long Island and in New York. When it failed thre~ weeks ago with deposits Please see GUARDIAN on Page 39 New Twist CloUds- {Fate of Robins L ilOBINS from Page 5 ~ buy the island would lead. "We acted in good faith," he said. "We put hard moncy on the table. I would hate to speculate on the bnplications of this." . After the disclosures that the Mittermeyers' had mgned another contract to sell the island, Boyle ordered them to appear for a closing today at 2 p.m. in Hauppauge. Last night, Boyle said he had no idea if that closing would take place. "I have told Cooper that I want a sale deed from Robinsenade, which is evidently the se]e stock- holder," Boyle said. "Now, whether Cooper will come to a closing or whether Mittermeyer will come, who knows at this point? Maybe they will resolve their differences in the next few hours and Mittermeyer will come and sell the island to us. Either way, the county gets the island." Ar4hur Kremer, the attorney who represented the Mittermeyers in the contract to sell the island to the county, said late in the afternoon yesterday that he knew very little of the Robinsonade claim. And he said he didn't know if the Mittermeyers would appear for a closing or whether it would be adjourned or canceled. "Every day is a laugh with this thing," Kremer said. "I really feel this latest twist is some kind of internal corporate feud that might not mean any- thing. But I don't know. It's a lawyer's night- ',tim Blames Herself above the threshold, but be- , Corchaug Buys in Limbo ~mdone? y purchases of Robins Is- Fort Corchaug -- both of ; been accompanied by much .-- have become mired in red tape the county agreed to buy $9.2 million on June outstanding law- ~t the 445-acre island in the the Wickham we're still waiting to hear "said Joan Scherb, real estate commis~mer. : Robins Island de~l between the county and the West German-based Southold Development Corporation (SDC) was struek, the cotlnty agreed to negotiate the Wickham claim, while the SDC was left to settle the Robis suit. The Wickham claim involves the lo- cai clan of that name. It says the island was illegally seized from an ancestor, Parker Wickham, for allegedly backing the British in the American Revolution. The Robis suit seeks monetary damages from the SDC for a reported $15.2 mil- lion sale of the property that went sour. A stipulation of the sale is that these two suits must be cleared up and a clean title delivered by July 8. "We're still working on it," Ms. Scherb said. "ff the claims aren't settled, the property could go back on the auc- tion block." In fact, The Suffolk Times learned yesterday afternoon that the North Fork Bank & Trust Co. will readvertise this week for another public auction at Town Hall next Thursday, July 6. ~he auction THE SUFFOLK TIMES (USPS 0745- 5151) is published every Thursday ex- cept the Thursday following Christmas for $20 per year in Suffolk County and $25 per year out of county by Times/Review Newspapers, 7780 Main Road, P.O. Sox 1500, Mattituck, N.Y. 11952. Second Class postage paid at Mattituck, N.Y. All contents are copyright ~1989 THE SUFFOLK TIMES. POSTMASTER: Send address changes to THE SUFFOLK TIMES, Times/Review Newspapers, 7780 Main Road, P.O. Box 1500, Mattituck, N.Y. 11952. 516-298-3200. will be held only if the county fails to consummate the Robins Island deal by that date. North Fork Bank holds the two mortgages-in-default that led to the sale last month. Meanwhile, the 107-acre Baxter prop- erty in Cutchogue also is undergoing a difficult county adoption. The parcel is home to the 17th century Indian re- doubt, Fort Corchaug. A group of local and county officials met Friday in Riverhead to try to save the deal. The Fort Con:Mug bid of $3 million is currently before Surrogate Court ih Westchester County -- $2 million from the county and $1 million from the town. The trouble is that while the Town Board voted unanimously May 24 to contribute its million, the county still has yet to commit its share. "It's back to the Farmland Commit- tee," said Legislator Greg Blass (R- South Jamesport). Mr. Blass has intro- duced a bill to get the $2 million from the Farmland Preservation Fund. The bill will go to a vote Aug. 15. Mr. Blass said that when the town committed to the project, there was no official action taken at the county level. "We needed to have the town say that it was willing to commit," he said. Friday's meeting -- between the Town Board, the community develop- ment director, the county planning board and Mr. Blass's office -- was designed to put a favorable "spin" on the pur- chase, akin to a public relations blitz. The goal is to convince the 17 legisla- tors beside Mr. Blass that the purchase is good for open space and for,preserv- ing the area's cultural heritage. hard to cut a deal wiah Robis Corp. to get out of the coulract to purchase the island? Recent pol/s show ~hat there is still countywide SUpl~ for bo~h the space ~hey have already voted Io pur- chase? Last week also brought the additlonnl (not unexpected) news that the brown lng. We will s~! be able to gtimpse tit- tie bits of the vn~ds be~ the nmn. sious on ~e sh~eline. No ~nnks! There is no such thing as a partial wildlife refuge. There is no such thing asa "partial" development of Robins Linda Levy is the director of the North Fork Environmental Council. Ends Hear Case The United States Supreme cou~ ~erican Revolution. this week put an end to the Wickham With all appeals in that case now family's claim toRobins Island. . tmusted, the focus shifts to the conti- ~autng n_egotlations between Suffolk Without desse~t~ the court let stand c°unty~ a California development two lower Court decisions which found that the passage of tw° CentuHes i:firth Whi~b°thlay claims to purchase negated the argument that the state il- !'i:ontracts On the 435-acre island. legally seized the island from Parlor The two are considering a plan to Wickham, a colonial magistrate, for allow for the construction of 22 vaca- 'siding with the British during the ~ tion homes; keeping most of the island , in its CUrrent State. - Opposing any limited development, the Robins Island Preservation Fund Inc., consisting of Parker Wickham's heirs, brought an action in federal District Court in 1989 claiming that the state Bill of Attainder corifiscating Continued on Page 9 Contir~fied from page 3 Bank, for conspiring to block the sale to a developer. The $600 million action is now in the discovery stage, and Mr. D'Agost[no said it's about a year from coming to trial. Before that, a resolution is expected in the SDC's appeal of 3udge Leonard Robins Island"':'- [l~;["i~c RObis Contract ,s mvanu. Should thc SDC' win~ that 'A oSfino pred~md t~t it will could consUm~ ~ . ~_.~., which has fount to eu,~ :~_ ~s~a "effo~ m ~sUOy ~ ~ December 3, 1992 · The Suffolk Times Supreme Ceu t;Kills Wickham Claim Federal court rejection ends family's Revolution.era claim to Robins Island By Jeff Miller The Wickham claim is dead. Three years after descendants of Southold magistrate Parker Wickham filed a claim to Robins Island in order to prevent its development, the U.S. Supreme Court on Monday rejected it. It was the last avenue of appeal for the de- fiorari for a hearing by the Supreme Court. At the time, RIPFINC attorney Bert Hirsch said: "I'd have to say, the odds on being able to persuade any court to consider further review are against us." Of the thousands of peti- tions advanced each year. the Supreme Court considers "only a handful," he law review articles on it. But no court ever really came to'grips with the is- sues, the treaty of 1783, the rights of those whose lands had been confis- cated/' New York State seized the lands from Parker Wickham, a British loyalist dur- ing the Revolutionary War, in 1779, un- scendants, who confmned Tuesday Ihat said. Inc., m ~II~RC as lite ~Oap e~r do. "l~rom the heghming, we ~d we d go ~ Court after a fed~al District . ~y; a, edrew n to~h in B~tmidyn al~ refused to hear threesome Ihete.. That s the luck of the N~v Yell~ Sla~ RIpFINC hoped that a hig!ter, court would look post d~ of limi~a- Ross acknowledged that it was a toogh ease lo present, since it was con. sit,-tod tlpo~ 200-year-old building blo~ks. But he feels th~ case was com- pelling nonothele, ss. and regrels that it ~ever di~...t~d the validity of the m." lie said. "Someday w~'t! read der the Act of ARaindez. Descendants tare of beh*s. Mr. Ro~ss suggested that oho rease~ for the courts' relucmnea to ~ot into issm~ like that ~ld have hecn downmwnRh~erbead and much of She North Fork?" Parker Wickham's lands included those tracts, as well as the 434- acre Robins Island. The Wickham clan had hoped to promote preservation of the island by pressing the claim. Robins Island is owned by the Mittermayer family of Germany, under the name Southold Wickham Claim Continued from Page ! Wickham's lands, approved during the American Revolution, violated the Treaty of Paris, which ended the war. The group said the confiscation had no force of law for at that timetLong Island was under British control. In an initial ruling, District Court Judge Leonard Wexler turned aside what has become known as the Wickham Claim, the title of a book published by the Suffolk County Historical Society describing Parker Wickham's loss, saying too much time had elapsed. An appellate court upheld that deci- sion, and on Monday the Supreme Court refused to continue the appeal. Someone Tried "We're disappointed, but not bitter- ly so," said Art Ross of Cutchogue, a spokesman for the Robins Island Preservation Fund, which filed the suit. "We gave it our best shot. The next generation should know that someone stood and tried to preserve the island." Ross conceded that the time between the legislature's action and the filing of the lawsuit "was the most vulnerable part of our cased' and that the last time a bill of attainder was successfully over- turned came about 70 years following the Revolution, well over a centEry ago. "We're sorry that the courts came down so hard on the delay, but it's understandabled' said Ross, a retired at- torney, who added that if he were a judge "that would have bothered me." Preservation Fund attorney Bert Hirsch also said the Supreme Court's action came as no surprise. The court is asked to review over 5,000 cases each term, he said, but agrees to hear only 120. "Obviously we're disappointed;' said Hirsch. "We thought we had a good petition. The only options at this point are POlitical ones, and I leave that with those who want to be politically engaged:' Ross said the Supreme Court's action "is the end of the lawsuit, but not the end of the organization;' which he said will continue to fight efforts to develop the largest uninhabited island in the northeast. Building Plans The Robis Corp., which signed a con- tract in 1988 to purchase the island from Southold Development Corp. for $15.2 million, is endeavoring to secure county support to build 22 vacation homes with the rest of the island set aside as a nature preserve. The county agreed in 1989 to purhase the island for $9.2 million, a price the administration of County Executive Robert Gaffney said Suffolk can no longer afford. County Attorney Robert Cimino said that while talks with Robis are continu- ing "we haven't gotten to the point where we've accepted any offers. We're still in the process of going back and forth with them:' According to reports, Robis has agreed to pay $100,000 a quarter until it receives subdivision approvals from Southold Town toward the establish- ment of a nature study center. The com- pany eventually would pay a total of $1.5 million, an amount to be matched by the county. Southold Development reportedly is willing to accept $12 million from Robis. Company attorney Albert D'Agostino declined to comment on the price. Unfinished Suits A key element in the negotiations is Suffolk's effort to gain protection from further litigatipi~. Southold Develop- ment Corp.~.,as filed a $600 milllion ac- tion agaifi~st a host of defendants, including former county officials and the Preserva/ion ~un~, who it clairm AGENDA December 11, 1995 SETTING OF THE NEXT PLANNING BOARD MEETING Board to set Monday, January 8, 1996 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. PUBLIC HEARINGS 7:30 p.m. Barbara Dow - This minor subdivision is for 2 lots on 4.99 acres located approximately 1,450 feet north of Main Rd. on a r-o-w, and 2,600 feet west of Young's Rd. in Orient. SCTM# 1000-17-2-6. 7:35 p.m. Richard Corazzini - This site plan is for a 12,600 square foot office, storage and repair t~uilding on a 6.910 acre site located on Cox Lane in Cutchogue. SCTM# 1000-84-1-26.2 MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations BarlDara Dow - SCTM# 1000-17-2-6. Nico Realty - This minor suDdivision is for 2 lots on 4.445 acres in Cutchogue. SCTM# 1000-97-3-11.2, 4, 5, 6 & 7. Southold Town Planning Board 2 December 11, 1995 Preliminary Extensions: Bayberry Estates - This major subdivision is for 18 lots on 50.0171 acres located on the west side of Laurel Ave.; 140 feet south of Yennecott Drive in Southold. SCTM# 1000-55-6-35 & 36 and 56-1-1. Sketch Determinations: Ann Marie Nelson - This minor subdivision is for 4 lots on 12.1 acres located on the west side of North St. in Greenport. SCTM# 1000-45- 6-9. Sketch Extensions: Stevens Bluff - This minor subdivision is for 2 lots on 4.4603 acres located off a r-o-w approximately 600 feet east of Cox Lane in Cutchogue. SCTM# 1000-83-2-8. MAIOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Ann Marie Nelson - SCTM# 1000-45-6-9. SITE PLANS Final Determinations: Richard Corazzini - SCTM# I000-84-1-26.2 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Matt-A-Mar Marina - This site plan is for the expansion of an exist- ing marina by merging an adjacent 1.45 acre parcel in order to construct docks for nine additional boat slips, on WicKham Ave. in Mattituck. SCTM# 1000-114-3-1 and 139-2-5. LOCAL LAW PROPOSALS A Local Law in Relation to Notice of Public Hearings Southold Town Planning Board 3 December 11, 1995 APPROVAL OF PLANNING BOARD MINUTES Board to approve the November 13, 1995 minutes. OTHER Planning Board to select a Chairman for 1996. New York State Depart~nt of Environment'ai C0ns~r~a'[~ Division of Environmental PermiTs Rm 121, Building 40 - SUNY Stony Brook, New York 11790-2356 Telephone (516) ~.~.~.-0365 Facsimile (516) ~.~.~, .0360 John P. Cahill Commissioner AMENDMENT TO PERMIT Louis Bacon C/O Peter L. Trexler Robin's Island Preservation First Street New Suffolk, NY 11956 Date: October 4, 1997 Re: Permit No. & Location: 1-4738-00949/00004 Boat basin - end of First Str~ New Suffolk. Southold TQW~ Dear Mr. Bacon: Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. The expiration date is extended to October 10. 2005. Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: The use of the dredge material by the Town of Southold for beach nourishment and/or dune creation within the Town. The dredge material must be returned to the coastal system within the Town of Southold and cannot be used for any other purpose. The material may be placed directly in areas where the Town has a current NYSDEC permit for such placement or the Town may make an application for permit to place the material in coastal areas previously not considered. This letter is an amendment to the original permit and, as such, shall be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit. cc: Costello Marine Town of Southold file ~ t~uly yours, Evans Pei~ait Administrator ACORD. )OUCE~ S~mmis smith &: Brush Inc. 381 New York Avenue Huntington ~Ty 11743 CERTI OF LIABILITY INSU E THIS CERTIFICATE ~SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A USF & G 516-673-5900 INSURED COMPANY B Hartford Casualty Ins. Co. C The State Insurance Fund Michael C. Avino, Inc. 29 Green Street :OMPANY Huntington NY 11743 O Chubb Group of Insurance Co. COVERAGES: THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LNDICATED, NOT~NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITICNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. i GEN~A~. A~REGATE [ $ 2,000,000 1CG300534696 04/25/97 04/25/98 ~OOUCrS-CCMP'OPAGG is1,000,000 I ~ERSONAL & AOV INJURY [~1,000,000 GENERAL IJARIUTY B ilU~CCG6526 04/25/97 04/25/98 ' =_ACH OCCURRENC.E ; s 2, 000, 000 EXCESS LIARlUTY WORKERS COMPENSATION ANO EMPLOYERS' UABIUTY 7975-37-69 04/25/97 04/25/98 11838687 07/13/97 AGGREGATE $ 2 , 000 , 000 · ~ ~c~ ,~CC:OEN'C I ~ 100,000 07/13/98 ] E LOIS~ASE.POUCYUMIT : ~ 500, 000 EL DISEASE- =-A EMPLOYEE ; $ 100, 000 OTHER DESCRIPTION OF OPERATIONSiLQCATIONSI~/EHtCLESIEF'ECIAL ITEMS Re: Construction and reconstruction o-~ _Dower generation plant for orivately owned island. Corp_. Souuhho!d ~ ACORD 25-S {1/95) ~ ~ -- -- ACORD COR~:~A'q'ION 1988 ROB1N~SLAND PRESERVATION CORPO~TION d~ May 20, 1997 Mr. Bennett Orlowski, Jr. Planning Board Office Town of Southold Town Hall, 53095 Main Road Southold, NY 11971 Dear Mr. Oflowski, Jr.: We are pleased to announce the expansion of our management staff at Robins Island. Peter L. Trexler has joined Robins Island Preservation Corporation Manager. Peter holds a degree in Environmental Science from Wesleyan. extensive background in land, property and wildlife science management. as General He has an Peter joins our management staff after 13 years as General Manager of Upper Brandon Farms, a world class water fowl hunting retreat and conference center owned by James River Corporation. We welcome Peter to our organization and direct you to contact him on all issues relating to Robins Island. Peter may be reached at (516) 734-5134. Director of Property Management PA/pm P. O. Box 301 * First & Jackson Streets New Suffolk, New York 11956 Robins Island~Plans ~.; Get Zoners~BleSsing, Tim KeUy 'it's n very extensive, plan, and a very beautiful plan. In all respects everybedy '100,000 Decisions' Gerard P. Goehringer, Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD March 8, 1996 Southold Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 furniahed 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 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 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 livihg 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, Bi.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 acceesory 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 initialIy, 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: t. 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, t995, 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 × 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- raining rations 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 App[. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals in one ownerslzip 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: s. Lane Building (referred to as Lane House BI) b. Clubhouse (referred to as Mackay Cottage B2) c. Cottage "Duck Inn" (BS) (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 andtennis side courts) to height limitations between 4 and 6.5 feet, in respective ,~_~ or rear yard areas. Article III, Section 100-3lA provides for a principal (or primary! one-family detached dwelling use in a buildin~ 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 ~o 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 ~:o 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. essential historical, agricultural and residential character of the island will not be changed. There will be no sigTJficant 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 impac~ on the physical or environmental conditions in the neighborhood or distriot. 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 reqnested 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 tile zoning ordinance, the unique size, and natural characteristics of tile land, historic nature of the buildings snd .Page 5 of 10 - March 19~6 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 wnich 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~ Ex~pansion~ and/or Use: 1. a. The height= and sizes of all existing and proposed buildings requirin.g 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 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 fi. 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 Southold Town Zoning Code. under "Section 100-13 Definitions" of the 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 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 alt 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 wilh 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 ~ranted 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 (agriculturaI staff) in this compound only, and not as a separate dwelling or guest un/t, 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 ~o that requested under this application shall require written notification to the Board of Appeals, and if deemed necessary by ~he Board of Appeals, further application for the new expanded areas will be uequired (ref: current Section !00-241 or future Zoning Code ~egula[ions pertaining to "uonconformities"). d. To the greatest extent practicable, the presently existing, natural vegetated 20 ft. deep buffer between the proposed Vacation Home and the top o[ 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 1996 Appl. No. 4354 - Louis M. Bacon (Robins Island) Southold Town Board of Appeals Board of Appeals at a future date. (Tkis condition is related to the height request for the Family Vacation Home.) e. Tile 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 N¥S 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 Zoaing Code. h. It shall be understood that the "F, mfly Vacation Home" will be (is) the principal residential building and use, and other buildings (proposed in tile "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~ Utilifies~ 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 reg~dations. b. That exterior lighting, ff 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 pablic 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 'fork State Department of Environmental Conservation, Suffolk County Departmen[ 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"). o. 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 g-ranted 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 a~rees 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 she 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 construetion, 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 [essees 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 ill compliance with all applicable rules and formulations of the Town Code. Any and all hunting operations or hunting-related activities shall be [imitec~ t~ non-commercial purposes, and consistent with the use of Robins [sland as a private shooting preserve licensed by the New ~Zork State Department of Environmental Conservation. Any change in this use will require approval of the Board of Appeals. ~ 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 l:! non-paying guests and employees of the owner of the property. These Page 9 of 10 - March 6, 19~6 Appl. No. 4354 - Louis M. Bacon (Robins Island) So]]thold 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 (mt~st 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. Tile 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 cliildren 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 comditious 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. ,:1354 - 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 Beard'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 subiect 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, Dinizio and Goehringer. This resolution was unanimously adopted. Ik T APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dirdzio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 1197l Fax (516) 765-1823 Telephone (516) 765-1809 Date of this Action: LEAD AGENCY: ADDRESS: BOARD OF APPEALS TOWN OF SOUTHOLD TYPE I ACTION NEGATIVE DECLARATION Determination of Non-Significance February 7, 1996 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-1179 This Notice is issued pursuant to 6 NYCRR Part 617 of the implelnenting 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. SE(~R 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) Pag~'~ 2 o£ 5 SEQRA Detelmination 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 beea 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 Bo~rd 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 mainteuance and repairs of existing structures, the replacement of facilities, construction of a single-family home and the construction of agricultural bnildings 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 Resolution adopted December 6, 1995 effective date of December 15, 1995. was confirmed by Board of Appeals' as a Type I Action (CEA), with an 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. Preparation of Long EAF Part II. The LEAF Part II checklist has been co~npleted. 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, Plauning 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 o£ 5 SEQRA Determinachon Rob£ns island Pro]ecs Feoruary 7, 1996 8. Full Record. After review and analysis of all documentation in lhe Board -f Appeals' record, including but not limited to general testimouy and reports from consultants, received at the December 6, 1995 hearing, January 10, 1.996 hearing, and February 7, 1996 hearing, the record was found to be complete. After careful consideration and reasoned elaboration, it was deter~nined that the Proposed Plan will not result in any significant adverse imparts on the environment. 9. Other. This project is not located in an Agricultural District as provided under Sectioo 305 nf Article 25-AA of the Agriculture and Markets Law, subdivision (4). 10. Additional Findings. Additionally, all the criteria contained in Sections 617.7e 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: [imitation of access to forest management areas, ]hnihgion of access to coastal areas, restoration of south pond adjacenl areas, renloval of invasive forest species, re-establishment of fores~ understory, and establishment of grassed areas using grass .~eeds harve'.ded from other parts of the island. h) The proposed plan will effectively protect aud ~naintain the ecolegieal resources and aquifer recharge zone, ensuring high quality potable water supply for the island's inhabitants. e) The proposed development of ponds (approximately three acres, mort~ er less) on the northern portiou of the island will have posgive 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 aud wetlands management) will be limited to approximately f'ive acres of th~ ,135 acre island. f) Proposed impervious surfaces will be limiled lo approximately two acr~,s of ~he island. g) Requested occupancy aud height variances will not restllt in an adverse impact in ~erals of environmental and planning consideratious, parti- cularly in view of the low overall intensity of use of the island as a whole. "Sec. 617.6b(/i) 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 marititne 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 Connty Sanitary Code with respect to potable water supply, sanitary disposal and storage of hazardous materials. j) Proposed erosion and stor~nwater control measures have been shown to be adequate. k) Sufficient setbacks have been provided between the top of the btn£f 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 bet which may be contemplated in the future. This application addresses the comprehensive planning of the use of Robins Island in a aon-segmented comprehensive approach to aid in the protection of the islaad's nnique 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 qoality, gronnd or surface water quality or quantity, and traffic or noise levels wflh 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 Plsn. r) 'File Plan avoids impacts to significant threnlened or endangered species of animals or plants, and cultural resources of the property. habitat areas, to and to the natural l~age 5 of 5 SEQRA ue _rminatLon Robins island Project February 7~ 199~p s) The plan does not remove or destroy large quantifies vege*ation and in fact leaves more than 90% of the property largely 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. DETEP~MINATION Based on the above information and analysis, the following suppot.t- lng documentation, including but not limited to the Long Environmental Assessment Form (LEAF), Attachment 'A' to the LEAF dated November 1995, Attachment 'B' to the LEAF dated February 2, 1996, comments received from the public and the other involved agencies, and the responses of !:he applicant's agents and eonsnltants, the site inspection held on December 2, 1995, Town hearings, the Board of Appeals concludes that the proposed Plan will uot result in significant adverse environmental impacts. For Further Information, Contact the following Agency: SOUTHOLD 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 of lhis Notice Sent to: Local RegSonal 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 S(mthoid 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 Sapervisor, Town Board Members, and Towa Clerk ~Info llpdate for Southold Town Planning Board and Office, Town Hall PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS ~---- KENNETYI L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Richard G. Ward, Chairman /~//~ Robins Island Request of Louis M. Bacon for Variances December 19, 1995 On December 2nd, Valerie Scopaz and I accompanied the Zoning Board of Appeais 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: Robins Island is an unusual property within the Town. It contains more than 300 acres of buildable land AND it is in single ownership. 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. The preservation of Robins Island to the greatest extent possible was a goal which the Planning Board supported. 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). 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. 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. 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. FORM NO. 3 TOWN OF SOui'HOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL NOV - 2 To DATE: October 3], 1995 JAMES A. THOMPSON, ARCHITECT - A/c ROBINS ISLAND PRESERVATION CORP. 2 LAFAYEI-r}< COURT 'dY:" ............... PLEASE TAKE NOTICE that your application dated OCTOBER IO~ ', 95 for permit to DEVELOP ROBINS ISLAND Location of Property .... ROBINS ISLAND House No. Street Hmml et County Tax Map No. }000 - Section 134 BLOCK 3 LOT 5 Subdivision ............................... Filed Map No .......... Lot No is returned~rewith and disapproved on ~3~3 following grounds--~.x m.2 Boat--House B].I G r~age C ] Recreat(-t~ion Buildin E 4 -ar~m~ ............................ ............................. ' g . ~ rage with staff quarters. Ail exceed 18' height limitation for accessory structures - Article III Chapt.- ~00-33A. ly Vacation Home exceeds height limitation of 35' as stated in the Bulk Schedule for an R-400 Zone. E. ! Family Vacation Home B. I Lane House C.? Caretaker Cottage E.4 Gar~g~ with Staff Quarters. Permitted use in an R-ij6'~jJ[ '~'(~;~ ......... Family Dwelling not to exceed one (I) Dwelling on each lot. Action required by the Zooming Board of Appeals. All Dwelling units require Suffolk County Health Department. A-~_ Boat House requires Town Trustee and DEC approval. ' ............. SEE EXHIBIT B ATTACHED - ALSO REFER TO ROBINS ISLAND MAP.' .............................. RV 1/80 ESTIMATED CLEARING. EXCAVATION AND COVEp Width Length Depth of Area of A. Island Access Area /,( °~'/;[y;2/. /A. 1 Pier, Docks & Landing ~; A.2 Boat House B. Hunting Lodge Complex B.1 Lane Lodge B.1.1 Garage 22? ' B.1.2 Mechanical Services Build~mlg, tion (ft.) (fo) (ii.) 68 80 4 47.5 80 12 25 34 10 25 34 10 B.2 Mackay Cottage B.2.1 Garage B.3 Ice House B.4 Windmill C.i Recreation Building 35 71 25 34 16 16 20 20 80 150 10 4 0 0 12 C.2 Outdoor Tennis Court C.3 Sporting Clays C.4 Agriculture/Maintenance ~-'ompound C.4.1 Workshop C.5 Barn C.5.1 Horse Run-in & Paddock C.6. Dog Kennels C.7 Caretaker Cottage 60 120 2 4 4 12 40 500 12 30 153 12 18 35 0 16 40 4 28 45 I0 C.8 Windmill C.9 Fire Protection Ciste~ D.1 Family Vacation House D.2 Pool D.3 Pool Cabana 35 35 18 20 45 166 40 100 18 47 8 10 (80 ft. 12 8 4 D.4 Garage with Staff Quarters 3~ Totals: 25 50 4 20 20 0 *Notes: [- Coverage = ground floor area of all impermeable structures. 2- Does not include buildings to be demolished (B.5 and C.4.2) Clearing (sq. ft.) 0 0 ,250 ,250 0 0 0 0 I6,000 10,000 1,400 i2,000 (cu. k.) 22,000 0 8,500 8,500 0 3,400 0 0 144,000 14,400 192 I80,000 i(Inctudedi in C.4) 0 , 19,800 0 0 0 2,600 2,000 12,500 0 9,800 0 0 diameter N/A) 15,000 6,0OO 1,250 2,500 0 68,650 90,000 32,000 3,400 5,000 0 556,092 (sq. ft.) 5,500 3,800 85O 850 2,500 85O 256 4OO 7,500 4,000 1,200 77,971 I2,000 7,200 50 2 o09._ 4,600 630 850 5,25o¢- t,225 360 ROBINS ISLAND PROPOSED PLAN/ROADS, PARKING AND PONDS ESTIMATED CLEARING, EXCAVATION AND COVERAGE Width Length Depth Area of Volume of Area of Clearing Excavation Coverage Roads (a.) (et.) (a.) (sq. a.) (c,. a.~ (sq. (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 (lslandwide) n/a Manmade Total = +- 140,000 3 70,000 420,000 n/a Freshwater Ponds (sq.a.) (7) Subtotals: 129,690 1,519,950 0 Grand Totals: 198,340 2,076,042 77,971 including amounts (76,890 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) · 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 repai[; renovation and new construction of several dependant accessory and agricultural buildings and structures. AIl 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 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 Pt: 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.I Pier and Docks: Existing structure, built in 1994. No permit action required. A.2 Boat }louse: 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 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.t~. Floor Elevation - +/- 10' Above mean sea level -~ Height (mean height between eaves and ridge above average grade): 32' 4 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 o£equipment and supplies. Construction of access ramp to conform with Coastal Erosion Hazard Area Regulations, Article 37-17.B.2 No building permit action anticipated. AREA "B" B.1 Lane }louse: Repair and Alteration of existing structure (built 1917-1919) f6r use as the hunting lodge and periodic guest quarters. Intended Use; Accessory Occupancy Class/fication; Group Al - 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 BI.I Garage Intended Use; Accessory Occupancy Classification; C4.1 Storage, Iow hazard Construction Classification; Type 4a Description; New construction Full Cellar and tunnel connection to Lane [louse 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, Iow hazard ;: Construction Classification; Type 4a Description; New construction Full Cellar and tunnel connection to Lane House and Garage B.I.I 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 A1 - 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.£ 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. I Storage, Iow hazard Construction Classification; Type 4a Description; New construction Full Cellar and tunnel connection to Mackay Cottage Three (3) car capacity Floor Area - 850 s.f. Height (mean height between eaves and ridge above average grade): +/- 20' B.3 Ice 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' B.4 Wimlmill · Intended Use; Agriculture Description; Wood flame windmill tower for water pumping. Height; 60'-0" AREA "C' C.I Recreation Building: New structure for year round athletic activities by family and guests. Intended Use; Accessory Occupancy Classification; Storage C4.1, Low [lazard 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 Amhery 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 t'orm, clad in cypress shingles. Building Area; Ground Floor ~ t2,000 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. C.4 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. l-leight (mean height between eaves and ridge above average grade); 35'-0" C.4.1 Seasonal StaffQuarters ( 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. Tbese 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 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 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, Waterlbwl) Laundry Tack Room South Wing ( 2 Story w/loft, 4,500 s.f. 4 Box stalls tbr horses Wash stall tbr care and grooming Feed Room Second Floor Equipment Storage (Ramp access tbr vehicles) Hay Loft Construction; Heavy Timber frame with cypress shingle cladding Building Area; Basement- First Floor - Loft- Total 4,600 s.fr~ 4,600 s.t~ 1,200 s.l: 10,400 s.['~. 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 ltorse Run-in and Paddock Intended Use; Agricultural Description; Open shed type run in. Post and rail paddock Building Area; 650 s.~: 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, LowHav. ard Construction Classification; New Construction - Type 4a Ordinary Description; Interior and exterior runs for 8dogs. Storage tbr food and supplies Facilities tbr feeding, bathing, veterinary care Building area; 850 Height (mean height between eaves and ridge above average grade); 16'-0' Frequency ol'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 Building area; 2,500 s.fi 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.I FamilyVacation Itouse: Intended Use; Residential Occupancy Classification; One Family Dwelling Construct/on Classification; New Construction - Type 5a Wood Frame Description; 8 bedroom family residence with extensive public spaces Construction; Woodf'rame 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" E.4 Garage w/staff quarters Intended Use; Accessory Occupancy Classification; C4 Storage, Low [-lazard/ One Family Dwelling Construct/on Classification; New Construction - Type 5a Wood Frame Description Building Area: 1,800 s.£. 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 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. fi ~: 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 am 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 ROBINS ISLAND PROPOSED PLAN SUMMARY Louis Moore Bacon desires to use Robins Island as a !family vacation retreat and to continue the Island's ~i~-f~-f~i'C '~s'e a~ 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 environmental organizations into the design and layout of the Proposed Plan to avoid any significant impacts to the cultural and natural resources on Robins Island. Thus, the Proposed Plan avoids any significant envirohmental 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 92% of the Island will remain largely in its natural state and will not be affected by the Proposed Plan. Although 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 (0.579%) of the Island (only 1.79 acres out of 435 acres). (Variances Sought) Mr. Bacon seeks five (5) height vsriances: 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. GC01: 33015 35521/3 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 used 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 ~ew 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. Ail 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 ana 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 35521/3 LIST OF EXISTING AND PROPOSED STRUCTURES FOR ROBINS ISLAND PROPOSED PLA/~ no D° Eo Island Access Area~ A.1 A.2 Pier, Docks and Landing Craft Slip (existing) Boat House (new) [height variance required] Huntinq Lodqe Complex B.1 Lane Lodge (existing) [use variance required] B.i.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) B.3 Ice House (existing) B.4 Windmill (new) B.5 Duck Inn (to be demolished) Farm Center C.1 C.2 C.3 C.4 C.4.1 C.5 C.5.1 C.6 C.7 C.8 C.9 C.10 Recreation Building (new) [height variance required] Tennis Court (new) Sporting Clay Masts (7) (new) Agricultural/Maintenance Compound (new) Workshop (existing) Gamekeeper/Equestrian Barn (existing) Horse Run-Ins and Paddock (existing) Dog Kennels (existing) Caretaker Cottage (new) [use variance required] Windmill/Telecommunication Tower (new) Fire Protection Cistern (existing) Helipad (new) Family Area D.1 Family Vacation Home (new) required] D.2 Pool (new) D.3 Pool Cabana (new) D.4 Garage with Staff Quarters variance required] [height and use variance (new) [height and use Gazebos (3) (new) 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). GC01:33039 35521/3 00. Rc When huuton out for a walk fall, for part ol wal~ on woo The Southol~ hold a public h~ island owner L( *plication to c wooden walkw~ islnml's not, we An avid hunt ¢Ol~ll't~t on6 ¢ by 147 feet. at width nnd 112 fc includes a reque waterfowl blind munnst sand ~ The walkwa~ fo~ Mr. Baen~ ~ water fowl and 10 pe~t slruc~ rup~ve than car 4 ins on Robins Island head thc way they may be ~Town Trns~ will ting la~e~' this month on uis Mon~ Bacon's ap- )iI$~UCt ~WO n~U3'OW ys through marshlnnds of Robins Pond on the ~lBm · , Mr. Bacon plans to ttwalk lg-inches wide d a second that same ~ long. The npplicafion t to install a permanent on the island's south- ~' only purpose is to m to wetlands vugeta- hey would replace ex- ~sed in the pnst during ~a~lnt ~nson. ,ssion for a permnm~t neon determined that a are wonld be less dis- 3'iug n portable blind r PoadProje~ Fiai~hed viously undertook an unusual wetlands re!~,prafion ~_ject in removing the ~'~ catbda~, two invasive types of ~etlands vcgctution that crowded out oth~' native species at So,th Pond. a freshwater area ne~ thc southweSta~ The phragm/tns, which were buried under a plastic liner in an upland loca- tion to ensure that they would not re- turn. were blamed for destroying thc natural habitat of birds, turtles and other Krupski said. Completed a number of weeks ago, that project included in- s~nlling a ~ sprinkler system without which tlt~4lt. W!~ planted vegetation Conservancy Long Island Chapter 250 Lawrence Hill Road · Cold Sprin~ Harbor, New York 11724 · (516) 367.3225 Fax: (516) 367-4715 For Release September 19, 1995 Contact: Sara Davison (516) 36*:S225 Mike Scheibel (516) 749-1637 Agreemeut Reached on Robins Island Conservation Ease~nent..- To Be The Largest Nature Conservancy Easement On Long Island Robins Island, NY. The Nature Conservancy announced today that agreement has been roached with Louis Moore Bacon, the owner of Robins Island, on the substantive provisions of a conservation easement for Robins Island. The easement will cause the entire island to remain in single ownership in perpetuity and will restrict uses of the island other than those related to a family retreat for personal use of the owner and guests, traditional agriculture, forestry, shooting preserve and other compatible activities. The restrictions will specifically protect rare and endangered species and natural communities identified by The Nature Conservancy, as well as provide for an ecological buffer and open space. The Conservancy and Mr. Bacon have been working together to ensure that his use of the island will be consistent with the conservation values identified in the easement. According to Sara Davison, Executive Director of The Nature Conservancy on Long Island, "With Mr. Bacon's support, the easement will cover the entire island, assure single - more - NATIONAL HEADQUARTERS * 18t5 NORTH LYNN STREET * ARLINGTON VIRGINIA 22209 Nature Conservancy Press Release Page Two ownership, and provide greatest protection to the most sensitive areas of the island." Robins Island will be the largest parcel of land on Long Island to be protected by a conservation easement conveyed to The Nature Conservancy. The Robins Island easement is a national model for cooperation between private landowners and conservation organizations. The easement also represents a significant step forward in the preservation of the Peconic Bioreserve. In part, because of the Robins Island project, other important landowners in the Bioreserve have contacted The Nature Conservancy to discuss ways to retain their land ~vhile preserving conservation values. Natural Resource Update Piping Plovers Nest on Island For First Time In Four Years For the first time in four years, piping plovers (a New York State "endangered" species also listed as "threatened" by the federal government) are nesting on Robins Island. According to Robins Island Project Manager Mike Scheibel, "Robins Island offers a perfect opportunity for these shy birds to find a quiet nesting area and we are working with Louis Bacon to take every precaution to see that these birds are not disturbed." Eastern Mud Turtles Studied On The Island Robins Island is home to the largest and most viable population of Eastern mud tuffies in New York State. The island's population of this threatened reptile now exceeds 60 individuals. - more - Nature Conservancy Press Release Page Three With Louis Bacon's full cooperation, a radio telemetry study designed to track the movements of these turtles was expanded on Robins Island in 1995 to 17 individuals from five in 1994. The use of radio telemetry will help the Conservancy gain new knowledge of the nesting and hibernation habitat requirements of these turtles. The turtles are listed by the New York State Depmtment of Environmental Conservation as a "threatened" species. Scientific Research and Environmental Education Program The Robins Island Working Group, consisting of seven representatives of environmental groups and the local community, was formed at the beginning of last year to assist The Nature Conservancy in the formulation of a research policy and environmental education program. The research policy bas already been adopted and a sub-committee of the Working Group has met to begin planning for an environmental education program consistent with the protection of the island and its identified conservation values. The Nature Conservancy will administer a program for environmental education for Robins Island emphasizing the study of island ecology. This program is in the initial stage of development and will be structured for relevance to science curricula. In The Heart of The Peconic Bioreserve Robins Island is located in the heart of The Nature Conservancy's Peconic Bioreserve-- a 575,000-acre area stretching from the pine barrens in Brookhaven to the tips of Montauk and Orient Points. This area provides habitat for one of the highest concentrations of New York's - more - Nature Conservancy Press Release Page Four rarest plants and animals. The Conservancy owns and manages 41 preserves within the Bioreserve. The mission of The Nature Conservancy is to preserve plants, animals and natural communities that represent the diversity of life on Earth by protecting the lands and water they need to survive. To date the Conservancy and its members have been responsible for the protection of 8 million acres in 50 states and Canada. The Nature Conservancy has been active on Long Island since 1953. NE~'V YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATtON NOTICE OF COMPLETE APPLICATION APPLICANT Dale 08/01/95 LOUIS BACQN C/O THOMPSON, 2 LAFAYETTE CT. GREENWICH, CT 06820 APPLICA I~ON ID 1-4738-00950/00011-0 PERMITS APPLIED FOR I ARTICLE 25: TIDAL WETLANDS ARTICLE 15, TITLE 5: EXCAVATION AND FILL IN NAVIGABLE WATERS SECTION 401 - CLEAN WATER ACT: WATER QUALITY CERTIFICATION PROJECT IS LC~ATEg ~N SOUTHOLD ~N SUFFOLK COUN~ THE APPLICANT PROPOSES TO DREDGE AN EXISTING BOAT BASIN REMOVING 2700 C.Y. OF DREDGE MATERIAL FROM A 34,550 S.F. AREA. A TEMPORARY ACCESS ROAD WILL BE CREATED FOR EQUIPMENT. THE PROJECT IS LOCATED ON THE NORTH SIDE OF ROBINS ISLAND, ON LITTLE PECONIC BAY, IN SOUTHOLD TOWN, SUFFOLK COUNTY. SEQR - 2 Project is a Type I action add will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file. SEQR LEAD AGENCY SOUTHOLD TOWN STATE HISTORIC PRESERVATION ACT (SHPA) DL~P~RMtNATION SHPA - 0 The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. AVAILABILITY FOR PUBLIC COMMENT Comments on this project must be submitted in writing to the Contact Person no later than 08/24/95 CONTACT PERSON JOHN A WlELAND SUNY CAMPUS, BLDG 40, ROOM 219 STONY BRQOK, NY 11790-2356 (516) 444-0365 TO THE APPLICANT ~ THIS IS NOT A PERMIT Nixon, Hargrave, Devans & Doy~le Attorne~vs and Counselors at Law GARDEN CITY, NEW YORK 11530 (516) 632-7540 June 21, 1995 Valerie Scopaz Town Planner Southold Town Hall 53095 Main Street Southold, New York 11971 RE: Robins Island Dear Valerie: Thank you so much for taking the time to meet with Sara Davison and me yesterday to discuss Louis Bacon's plans for Robins Island. Your thoughts, comments, suggestions and overall insight into our project was appreciated and well received. As we begin to formalize our plans, we look forward to sharing them with you and the other Town officials. Thanks again. KSL:cm cc: Louis Bacon Sara Davison Sincerely yours, ~evin S. Law / GC01:28215 35521/3 I JBLIC_NOTIC US Army Corps of Engineers New York District Jacob K. Javits Federal Building NewYork, N.Y. 10278-0090 A'I-rN: Regulatory Branch In replying refer to: Public Notice Number: 95-04140-L2 Issue Date: May 15, 1995 Expiration Date: June 1995 The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section I0 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344). APPLICANT: ACTIVITY: Louis M. Bacon c/o James Thompson, Architect 2 Lafayette Court, Suite #2 Greenwich, CT 06830 Dredge with ten years maintenance with subsequent upland disposal WATERWAY: Little Peconic Bay LOCATION: Robins Island, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and,in general the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise, it will be presumed that there are no objections to the activity. Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, CENAN-OP-RE PUBLIC NOTICE NO. ~-04140-L2 with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any Federally endangered or threatened species or their critical habitat. However, pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for, or included in, the Register within the permit area. Presently unknown archeological, scientific, prehistorical, or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404 (b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended [16 U.S.C. 1456 (c)], for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with, and ~vili be conducted in a ma, mcr that is cousistent with, the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 162 Washington Avenue, Albany, New York 12231, Telephone (518) 474-3642. Comments regarding the applicant's certification, and copies of any letters to this office commenting upon this proposal, should be so addressed. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorization for the activity under consideration: New York State Department of Environmental Conservation Permit Town of Southold Wetlands Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-3912 and ask for Sophie Ettinger. kC,~ief, Regulatory Branch Enclosures .- BUOY G*3 12 · .' l~adtal !,........ , ..,' oJ' .....'" ROBINS ISLAND ..." TOWN of ROUTNOLD ,.'' SUFFOLK COUNTY. NEW YORK .,.., <' ..... / " ' .." ~ / C ~ zl Y ~1 : ..~.... ~o~ .u..o., ROBINS ISLAND 0,~ ~oc~ v,c,,,~ AREA MAP DREDGING PROJECT DATUM, MEAN SEA LEVEL ROBINS ISLAND ~0' 4~o' ~o' TOWN of SOUTHOLD ~OJ&C[Xt PROPtRTY OWIIERS, ~ I I I ~ COUNTY of SUFFOLK N/A ,oo' eeo' moo' NEW YORK STATE ~AWN J.L.B. Ic,..D o,,E ~-I-O~ [SltEEr I Or NOT[CE NO. -04140-L2 WORK DESCRIPTION The applicant, Louis M. Bacon, has requested Departmem of the Army authorization to dredge material from Little Peconic Bay at Robins Island, Town of Southold, Suffolk County, New York with ten years maintenance and subsequent upland disposal. The work would involve dredging, with ten years maintenance, of material from an irregularly shaped area around an existing pier assembly shown as Area "A" on the attached project plan by clamshell bucket and material from Area "B" on the attached plans by dragline. The area would be dredged to a maximum depth of 5 feet below mean low water with the exception of an area waterward of an existing pier between mooring dolphins, which would be dredged to a depth of 7 feet below mean low water. Approximately 2,700 cubic yards of material would be removed on an initial basis. Three additional dredging events are anticipated during the ten-year life the permit, removing approximately 500 cubic yards of material per event. The material dredged by clamshell would be placed directly on a truck on the existing pier and trucked to the initial dredged material draining site. The material dredged by dragline would be placed on a temporary 20 foot wide access road where it would be picked up by a rubber tire loader and transported to the dredged material draining site. All dredged material, once drained, would be disposed of at upland location on Robins Island, to be used at a later date for soft structure restoration as necessary on the island. The access road and dredged material draining site would be surrounded by hay bales and silt fences. The stated purpose of this project is to provide safe water depths for existing mooring facilities which provide the sole source of access to the island. 6.0 5.0 4.5 O E P.T_I'!S_ _!LE 9~ S TE..~L ?' J~LW, MLW I]EIWEEN DOLPHINS §' [~I.W. MLW FOR REMAINING AREAS ~T~!= YA~JP~AGE 2700 cu. YDS. 5% BRI CK.ROCK I 5% GRAVEL §% SILT.CLAY 75% SAND PURPOSE~ DREDGE DOCK VICINITY MEAN SEA LEVEL N/A _ME.[IlO_D_;_ CRANE. CLAMStlELL, DRAGLINE MATERIAL TO BE USED IN EROSION CONTROL, 'SOFT STRUCTURES" AS NEED ON EROOED StlOREI_INE AREAS. ENCIRCLED REFERENCES INDICATE EXISTING D/PTI! AT MEAN LOW WATER. Barge clamshell dredge ~ Dragline dredge SITE PLAN ROBINS ISLAND DREDGING PROJECT ROBW$ I~LAND TOWN el IOUI'ItiX.D COUNTY ,f SUFFOLK NEW YORK STATE +10 ........................... 0 I Bor~ ~OTIOM ~ ~ .... .fliRt .......... -2o ~ I. I ..... I ,. I ............ /11 -~0 · , +15 +10 ~_. ~~ +5 · -10 ~ -30 u~E~o~ .oc~ v,c,.,~v PROF I LE DREDGING PROJECT DAtUm, MEAH SEA LEVEL RO~ ADJACE'T PROPERTY OWN/HS, ~ [ I [ ' COU~ Of N/~ ~. ,o. ~o ~W YORK ~TA~ ~,w,, ~,. I~.,,~o ~,~-,-~1'""'~ DEPARTMENT OF THE ARMY u.s. ARMY FNGINEER DISTRICT, NEW YORK JACOB K, JAVITS FEDERAL BUILDING NEW YORK, NY. 10278-0090 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 TOWN OF SOUTHOLD PLANNING BOARD OFFICE TOWN HALL 53095 MAIN ROAD, P.O.BOX SOUTHOLD, NY 11971 11971 Nixon, Hargrave, Devans & Doff le Attorno~vs and Gounsolors at Law GARDEN CITY, NEW YORK 11530 May 5, 1995 (516) 832 7540 Mr. Richard Ward Chairman, Southold Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 RE: Robins Island Dear Dick: Thank you very much for meeting with Jim Thompson and me yesterday to conceptually discuss Louis Bacon's plans for Robins Island. We found your insight and advice to be very valuable. As we discussed, Mr. Bacon intends to continue being a careful steward of Robins Island and as we formalize his plan for the Island, we look forward to sharing them with you and working with the Planning Board to get his plan approved. Thanks again. KSL:cm Very truly yours, ,/ Kevin S. Law cc: Hon. Thomas Wickham Louis Bacon James Thompson GC01:26877 35521/3 Community Representatives Melanie Tebbens Peconic Land Trust P.O. Box 2008 Southampton, New York 11968 Bob DeLuca/Executive Director Group for the South Fork P.O. Box 569 Bridgehampton, New York 11932 Gayle Marriner-Smith/President Save the Peconlc Bays 1035 Hobart Road Southold, New York 11971 Rob Pike, Esq. 138 Ostrander Avenue Riverhead, New York 11901 Sam Sadove/Director Okeanos Ocean Research P.O. Box 776 Hampton Bays, New York 11946 Paul Stoutenberg 4015 Skunk Lane Cutchogue, New York 11935 Art Ross P.O. Box 267 Cutchogue, New York 11935 ROBINS ISLAND WORKING GROUP ( 516 ) 283-3195 FAX: 283-0235 The Nature Conservanc9 Mike Scheibel/R. I. Project Manager Mashomack Preserve 47 South Ferry Rd. P.O. Box 850 Shelter Island, New York 11964 ( 516 ) 537-1400 FAX: 537-2201 Mike Laspia/Preserve Director Mashomack Preserve 47 South Ferry Rd. P.O. Box 850 Shelter Island, New York 11964 ( 516 ) 765-1766 FAX: 765-1766 Susan Antenen Director of Science & Stewardship Cold Spring Harbor 250 Lawrence Road Cold Spring Harbor, New York 11724 ( 516 ) 727-7204 FAX: 727-7308 516 ) 728-4522 FAX: 728-4584 Bruce LundIDirector of Preserves Cold Spring Harbor 250 Lawrence Road Cold Spring Harbor, New York 11724 516 )734-6605 516) 734-7592 Robin's Island Preserv. Corp. Jim Thompson/Project Manager 2 Lafayette Court Greenwich, Conn. 06830 Ann Stevenson/Public Relations 1251 Avenue of the Amerlcas/53rd floor New York, New York 10020 ( 516 ) 749-1637 FAX: 749-1480 ( 516 ) 749-1001 FAX: 749-1480 (516)367-3225 FAX: 367-4715 (516)367-3225 FAX: 367-4715 (203) 625-5303 FAX:625-5304 ( 212 ) 782-7324 FAX: 782-7562 PUBLIC EDUCA 770N Melanie Tebbens Peconic Laod Trust P.O. Box 2008 Southampton. Ne~v York 11968 Bob DeLuca/Executive Director Group for the South Fork P.O. Box 569 Bridgehampton, New York 11932 Gayle Marriner-Smith/President Save the Peconic Bays 1¢t35 Hobart Road Southold, New York 11971 Rob Pike, Esq. 138 Ostrander Avenue Riverhead, New York 11901 Mike Scheibel/R. I. Project Manager Mashomack Preserve 47 South Ferry Rd. P.O. Box 850 Shelter Island, New York 11964 Ann Stevenson/Public Relations 1251 Avenue of the Americas/53rd floor New York, New York 10020 ROBINS ISLAND WORKING GROUP SUBCOMMITTEES (516) 283-3195 FAX: 283-1}235 ( 516 ) 537-1400 FAX: 537-2201 ( 516 ) 765-1766 FAX: 765-1766 ( 516 ) 727-7204 FAX: 727-7308 ( 516 ) 749-1637 FAX: 749-1480 ( 212 ) 782-7324 FAX: 782-7562 SCIENTIFIC RESEARCH Mike Scheibel/R. 1. Project Manager Mashomack Preserve 47 South Ferry Rd. P.O. Box 850 Shelter Island, New York 11964 Bob DeLucaJ Executive Director Group for the South Fork P.O. Box 569 Bridgehampton, New York 11932 Susan Antenen Director of Science & Stewardship Cold Spring Harbor 250 Lawrence Road Cold Spring Harbor, New York 11724 Sam Sadove/Director Okeanos Ocean Research P.O. Box 776 Hampton Bays, New York 11946 Ann Stevenson/Public Relations 1251 Avenue of the Americas/53rd floor New York, New York 10020 ( 516 ) 749-1637 FAX: 749-1480 ( 516 ) 749-1001 FAX: 749-1480 ( 516 ) 367-3225 FAX: 367-4715 ( 516 ) 728-4522 FAX: 728-4584 ( 212 ) 782-7324 FAX: 782-7562 Plan forRobins L ts Still in Limbo' ~l~y ~lohn M d say the county shouldn t sp'e~ 90 percent of the land at a frac- was t5 he dela~d month because it or, th* propo~d ~ ii.rod's owner ~ ~ of ~ ~ -- wh~ ho~ ~ ~ ~ ~ au~o~z~g ~i~ n~ ~ '~A C~a ~ ~ ~o~ f~ ~. ~ p~ ~e · e P~c ~y ~ ~ent ~. ~tla the county's me Robins I=lAnd until at lsust next ~ lseked det~ih ~ ~tle* wmfld allow 22 e clork of the leg- lay for the resolu- the est~ement to ev~lopment ~om- ., has been ~ring ~ for the ri~t wooded island in mm Southold De- ,Sebatino said ~everal legislators yesterday receive~i from "the other side" outlines of ~he proposed set- tlemant | Lawyers invoNed in the settle* ment t. slks said ttmt the passage of the d~aline wa ~aary because minor details a~ still being ham- meted out. "The ~ Alk~ are going on, we are worlrlng o It and alnp]i~ detaila of the prol~ ~ml we recoived,' ~! Since 1989~, Tent into contr~ iim IA!And, the Ia ourrent esttleme tion of the cost. Opponents of Robins Island development say that the uninhabited status of the island makes it unique and that any development will contribute to pollution in environmentally fragile Pecank Bay; "I int~oduesd the b'dl [to seffie the lawsuit] because of thi~ that were said in executive session and which I can't discuss now." said Lc* gis. Thomas Finlay (R~East Islip). Finlay added that he sponsored eor- lier reeolutions to stop the purchase "Now there are anly a couole of · opponoum who dol~'t want any velopment," said Finlay, expressing confidence that the legislature will approve the settlement. Legis. Michael Carraciolo (R- Wading Rive~), a prime supporter of a munty purchese of the island, said that he is on guard for the unexpected. Saba~ino said the es~ tlement could he pre~nted to the full legislature at a special mcot- ing, but not before early May. Kevin Crary, a lawyer for South- old Development Corp., which owns standing right now is dotting the I and crmming the T's." He ~id ~ an agent for Rchis Corp. outline the hen the county historical uses of the idm~d and ar- co purchase ROb- Sue that the iAl~nd is far from pris- '~ ,train.habited - tine or anvironmantal]y unique. ~hee~, the pm*- Suffolk County officials said pti- n litignt~n. The rarely yesterday that it will prob. ~t proposal ~lh abl~ take at least Cwo months to ~ent~of 22 home ou 33 acres with impact study is needed for the ~he rgm~uning 4( 0aores of the is. t~ounty to support development on I~ndbe'm~fd~ic~ ed for use ss a na- the island. If the l~islaturs de- (hire preserve~as d environmental eidee such a study mu~t he undor- ~lucoiioncenter. --- taken, it will take at least six ?~P~!:aponants ot the gettlement .montlm. Intro. Res. No./~-1993 Laid on the Table Introduced by Deputy Presiding Officer Rizzo and Legislators Binder, and D'Andre Finlay, RESOLUTION NO. -1993, APPROVING OF ROBINS ISLAND LITIGATION WHEREAS, it is the desire of the County of Suffolk to end costly and time-consuming litigation in connection with matters en- titled, COUNTY OF SUFFOLK v. SOUTHOLD DEVELOPMENT CORPORATION and ~LAU~ MITTERMEYER, Supreme Court, Suffolk. County Index No. 89-12468; CLAUS MITTERMEYER and SOUTHOLD DEVELOPMENT CORPORATIQN v. E~~ and THE COUNTY OF SUFFOLK, Supreme Court, Suffolk County Index No. 89-13179; NORTH FORK BANK AND TRUST COMPAN~ v..SOUTHOLD DEVELOPMENT CORPORATION, et al., Supreme Court, Suffolk County Index No. 88-11620; ROBI$ CORPORATION v. COUNTY OF SUFFOLK, PATRICK G. HALPIN, in his of- ~icial caDacit¥ as County Executive, JOAN SC,~KB, in her official ca- pacity as Real Estate C6~{-sioner, and E. THOMAS BOYLE. in his offi- gial capacity as County Attorney, Supreme Court, (no index number); SOuTMOLD DEVELOPMENT CORPORATION a/k/a BLUE LAGOON RESORTS, Debtor-in Possession v. SUFFOLK COUNTY, PATRICK HALPIN. in his official capacity as Suffolk County Executive, THOMAS BOYLE, in his official capacity a.. ~uffolk County Attorney. JOAN SCNERB. in her official capacity as Com ~issioner of the Suffolk County Real Estate Department, ROBERT p~kE. GREGORY BLASS, JOHN WICK~M, TOM WIC~u~/4, ROBINS IRT.A~]D PRESERVATION FUND, INC., TM= NATURE C!ONS~RVANC¥. I}~-NORTH FORK BANK AND TRUST COMPANY, DWIGHT HOLBROOK. /'£~ TOWN OF SOUTHOL~ ABIGAIL WICk~AM, United States District Co ' ri~t of New York, Federal Docket No. CV-91-4008 (Wexler, J.); In Re SOUTHOLD DEVELOPMENT CORP., United States Bankruptcy Court, Eastern District of New York, Federal Bankruptcy No. 889-91229-20 (Chapter 11); and In re SOUTHOLD DEVELOP- ~NT~., United States District Court, Federal Docket No. CV-91-2012 (Wexler, J.), on terms that are mutually agreeable to the County of Suffolk; now, therefore, be it RESOLVED, that the County of Suffolk hereby approves a Settlement Agreement and Stipulation in connection with the matters en- titled, cOUNTY OF SUFFOLK v. SOUTHOLD DEVELOPMENT CORPORATION and CLAUS MITTERMEYER, Supreme Court, Suffolk County Index No. 89-12468; CLAUS MITTERMEYER and SOUTHOLD DEVELOPMENT CORPORATIQN v. ELMAR BISSIG and T~ COUNTy OF SU~'YOT.K, Supreme Court, Suffolk County Index No. 89-13179; NORTH FORK BANK AND TRUST COMPANY v. SOUTNOLD DEVRLOPMENT CORPORATION, et al., Supreme Court, Suffolk County Index No. 88-11620; ROBIS CORPORATION v. ~OUNTy OF SUFFQ?.K, PATRICK G. ~A~DIN. in his of ficial capacity as County Executive. JOAN S~HERB, in her official ca pacity as Real Estate Commissioner, and E. THOMAS BOYLE, in hi~ - 1 - official capacity as County Attorney, Supreme Court, (no index number); SOUTHOLD DEVELOPMENT CORPORATION a/k/a BLUE LAGOON RESORTS, 9ebtor-in-Possession v. SUFFOLK COUNTY, PATRICK HA?.PIN, in his of zicial caDacit¥ as Suffolk County Executive, THOMAS B~YLE, in his offi sial capacity as Suffolk County Attornev, JOAN SCHERB. in her official capacity as Commissioner of the Suffolk County Real Estate Department, ROBERT PIKE, GREGORY BLASS, JOHN WICKHAM, TOM WICKHAM, ROBINS ISLAN~ PRESERVATION FUND, INC., THE NATurE CONSERVANCY, INC., NORTH FORK BANa AND TRUST COMPANY, DWI~aT HOLBROOK, THE TOWN OF SOUTHOLD, ABIGAIL WICKHAM, United States District Court, Eastern District of New York, Federal Docket No. CV-91-4008 (Wexler, J.); In Re SOUTHOLD DEVELOPMENT CORP., United States Bankruptcy Court, Eastern District of New York, Federal Bankruptcy No. 889-91229-20 (Chapter 11); and re~_~_~ DEVELOPMENT CORP., United States District Court, Federal Docket No. CV-91-2012 (Wexler, J.), the details of which are set forth in Exhibit ---"A" attached hereto and made a part hereof; and be it further ~ RESOLVED, that, pursuant to Section 279-5(E) of the SUFFOLK COUNTY CODE, the County of Suffolk determines that the County of Suffolk's action in entering into and approving the stipulation of settlement constitutes a Type I action under Section 617.12(b)(4) of the NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) and that the County of Suffolk is the lead agency, as determined with the as- sistance of the Council on Environmental Quality (CEQ) and its recom- mendations on the significance and nonsignificance of the action based on the Environmental Assessment Form (EAF) submitted by the Suffolk County Legislature. DATED: APPROVED BY~ County Executive of the County of Suffolk Date of Approval: 2 GEORGE PROIOS TO: FROM: DATE: RE: ~OUNTY OF SUFFOLK PATRICK G. HALPIN SUffOLK CounTY EXECUTIVE DEPARTMENT OF PLANNING COUNCIL ON ENVIRONMENTAL QUALITY JAMES BAGG PRINCIPAL PLANNER Honorable Patrick G. Halpin, Suffolk County Executive Honorable Donald Blydenburgh, Presiding Officer George Proios, Chairman~_~ October 12, 1990 CEQ Review of the Proposed IR 1684-90, Reducing County Spending by Deletion of Robins Island from the Open Space Preservation Program At their September 19, 1990 meeting, the CEQ reviewed the above referenced proposal. Pursuant to Chapter 279 of the Suffolk County Code, and based on the information received, as well as that given in a presentation by Ms. DiPietro, Legislative Aide, the council advises the Suffolk County Executive and Legislature in CEQ Resolution No. 64-90, a copy of which is attached, that the project be considered a Type I action. under SEQRA that will have a significant impact on the environment and a DEIS should be prepared for the following reasons: Enactment of this law will exceed criteria as set forth in Title 6 NYCRR Part 617.i1 (1), (2), (4), (5), (8), (9) and (10), which sets forth thresholds for determining significant effects on the environment. If the County Executive and Legislature concur with the Council on Environmental Quality's recommendation that the project will have a significant effect on the environment, the Presiding Officer should cause to be brought before the Legislature for a vote, a resolution determining that the proposed action is a Type I action pursuant to SEQRA that will have a significant effect on the environment (positive declaration) requiring the preparation of a draft environmental impact statement. Enclosed for your information is a copy of the associated information and CEQ Resolution No. 64-90 setting forth the council's recommendations. If the council can be of further help in this matter, please let us know. CC: Fred Thiele, Chairman Energy and Environment Committee Paul Sabatino, Attorney for Legislature Emily Pines, Chief of Legislative Review Bureau 516-360-5205 Project #LEG-70-90 CEQ Resolution No. 64-90 September 19, 1990 RECOMMENDATION CONCERNING A SEQRA CLASSIFICATION AND DETERMINATION FOR THE PURPOSES OF CHAPTER 279 OF THE SUFFOLK COUNTY ADMINISTRATIVE CODE FOR THE PROPOSED IR #1684-90, REDUCING COUNTY SPENDING BY DELETION OF ROBINS ISLAND FROM THE OPEN SPACE PRESERVATION PROGRAM WHEREAS, at the September 19, 1990 meeting, the Suffolk County Council on Environmental Quality reviewed information submitted by the Suffolk County Legislature; and WHEREAS, a presentation regarding the proposal was given at the meeting by Ms. DiPietro, Legislative Aide; and WHEREAS, the enactment of this local law would delete Robins Island from the list of lands authorized for acquisition by the Ceunty Department of Real Estate under the Open Space Preservation Program; and WHEREAS, in Resolution No. 762-1986, the Suffolk County Legislature approved the Suffolk County Parkland Program, of which the proposed acquisition of Robins Island was a part, stating that the lands as identified in the report prepared by the Planning Department should be acquired at the earliest possible date because of the danger of future development; and WHEREAS, the proposed Suffolk County Parkland Program was reviewed by the Suffolk County Legislature pursuant to SEQEA and found to be a Type I action that would not significantly affect the environment because the program would prevent open space areas from being developed for residential, commercial and industrial purposes, therefore having a beneficial environmental impact; and WHEREAS, the Suffolk County Legislature, in Resolution No.660-1987, as well as in Resolution No. 869-1988,.designated the Island in its entirety, as well as 500 ft. from the shoreline as a Critical Environmental Area, for the following reasons: i. that its preservation will constitute a benefit to the public health; 2. that any development of portions of this land might adversely affect the public or private drinking water supply and constitute a threat to the public safety; 3. that the vegetation and fauna of this land constitute a natural setting providing a wildlife habitat and open space; 4. that it is part of the County's heritage of Long Island and is of historic, recreational, and educational significance; 5. that it contains an inherent ecological, geographical, and hydrological sensitivity to change which could be adversely affected by any change in the natural LEG-70-90 RESOLVED, RESOLVED, Page 2 characteristics and integrity of the landscape, vegetation, soil, or aquifer of this land; that it constitutes an import3nt factor in the proliferation or perpetuation of wildlife, plant communities, open space, scenic value, purity of groundwater and surface water, wetland values, and/or watershed protection; and that it harbors or contains habitats for endangered, threatened, or "special concern" species, as identified by federal or New York State authorities, and/or rare species or rare-plant communities as identified by the New York Natural Heritage Program, as being of state or global significance, Be It Therefore that in the judgement of the CEQ, based on the information received and presented, the above activity is a Type I action pursuant to Chapter 279 of the Suffolk County Code and the provisions of Title 6 NYCRR Part 617.12 (b) (1), since it is contrary to the Comprehensive Resource Open Space Master Plan adopted by the Suffolk County Legislature; (4), since it will prevent the county from acquiring more than 100 or more contiguous acres of land; and 12, since it will prevent the county from acquiring a property within a critical environmental area; and Be It Further that based on the information received, a quorum of the council recommends to the Suffolk County Executive and Legislature, pursuant to Chapter 279 of the Suffolk County Code, that the project will have a significant effect on the environment because it will exceed the following criteria for determining environmental impact as set forth in Title 6 NYCRR Part 617.11: (I) By not acquiring Robins Island this will allow for its development, possibly resulting in a substantial adverse change to the area's limited groundwater quality and quantity, as well as increased potential for erosion, flooding, leaching or drainage problems; (2) The action may ultimately result in impacts on a' significant habitat area as well as result in substantial adverse effects on the threatened and endangered species of animal and plant life, as well as their habitats which exist on the island; (4) The creation of material conflict with the county's existing open space plans or goals which have been officially approved by the Suffolk County Legislature; (5) The impairment of the character or quality of the island which has been considered an important historical, archaeological and aesthetic resource by Suffolk County; LEG-70-90 Page 3 (8) A substantial change in the use or intensity of use of the island; (9) The creation of a material demand for other actions such as development of the island which will result in all of the above actions; (10) Changes in two or more elements of the environment, no one~ of which has a significant effect on the environment, but which when taken together result in a substantial adverse impact on the environment; and that the Legislature and County Executive adopt a SEQRA determination of significance (positive declaration) requiring the preparation of a DEIS. Motion by: Mr. Andres Seconded by: Ms. Wilder CEQ Vote: Appointed Members: 5 CAC Representatives: 3 Total Voting: 8 Ayes: 8 Nays: 0 Presiding: Abstentions: 0 Mr. Proios Further information may be obtained by contacting: Council on Environmental Quality H. Lee Dennison Building, 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 James F. Bagg, Principal Planner Tel: (516) 360-5203 JFB/tk cc: Honorable Patrick G. Halpin Suffolk County Executive Honorable Donald Blydenburgh, Presiding Officer All Suffolk County Legislators Clerk of Legislature PROJECT # LEG-70-90 RESOLUTION # 64-90 DATE September 19~ 1990 RECORD OF CEQ RESOLUTION VOTES CEQ APPOINTED MEMBERS 4YE NAY ABSTAIN NOT PRESENT George Proios X Barry Andres ,X Leg. Michael D'Andre X Thomas Cramer John Kennedy X Nancy Manfredonia Larry Swanson Barbara Van Liew X Theresa Elkowitz X CAC REPRESENTATIVES C. Wilder (Babylon CAC) X L. Foglia (Huntington CAC) ,X D. Fornuto (Smithtown CAC) X Recommendation: Type I Action - Positive Declaration Motion: Mr. Andres Second: Ms. Wilder Nixon, Hargrave, Devans & Attorno~rs and Counsolors at Law GARDEN CItY NEW YORK 11530 (516) 832-754Q October 26, 1994 Melissa Spiro Planner Town of Southold Town Hall Main Street Southold, New York 11971 RE: Robins Island Dear Melissa: It was very nice meeting you yesterday at our meeting with Supervisor Tom Wickham. Jim Thompson and I appreciated your insight into the land use issues confronting us as we proceed to restore various structures on Robins Island. We look forward to addressing those issues with you in the near future. I will be in contact with you soon to schedule a meeting with you and Randy Parsons, who as you know is working with us on this project. V,e~ truly yours, Kevin S. Law KSL:cm cc: Supervisor Thomas Wickham James Thompson Randall Parsons Robins Island 1972-1989 - - History of Zoning "A" Residential Agriculture 1972-1983 "A" = 1 acre zone 1983-1989 "A" 2 acre - May z3, 1983 1989 R-400 Residential ~', v m , "I dotl~t know if/Gaffneyl has the By Wayne W~ N~s~er. ~er four y~a~rs of aeg0tiation, liti- gation and frustration evict the future own- ership and deveh~lament 'of Robins Island, Suffolk County Executive Robert Gaffnoy ~announced last week the county has deemed to drop its lea, al. appeal O'~Uthc island. In a pre~ c~af~'tnlee [~dd late Friday afternoon. Oaffney brought to a conclusion what had become a quagmire of litigation ~nd finger pointing over oneof the largest, reasonably unspoiled islands in the north- authon~tyto stpp.the appeal. I also disagree with h}m ihat 'an appegl: would not be suc- c,e, issfuL Based on my rewcw of the facts and. the. case, I believe t, he county wouldprevail because the,c, ount}~ s contract With (S~I~C) is cafuarceabl¢, Gt/Idi said. Although Gaffney stated he hadst ever wavered on the aequi- siti0~" of R~ ;lll[~m~, Guldi claimed he · ltas. Let me ~ file ways," he said, ~ef- '-~rring to the many 0gab the county tried to wo~l~ our with SDC~, and the now defunct Robis Corp. deal which led Bacon to pick up the island in late December. east. The county had filed an appeal after 1.~gislator ' Nora Bredes (D-Setauket) the bankruptcy court judge handling the wondered, "When (Gaffney) knew that an- Robins Island case authorized the sale of either buyer was interested in the is and, the 435-acre island to Wall Street ~exec, utive~ q,,~ty didn'g.~he act quickly to get the state to Louis Moore Bacon for $11 million. The,. come in/fith,lt~her bid if h,e,,was serious county had contended and the judge agreed, about acquiring .the island? Governor that Suffolk's contract with the former own- Marie Cuomo had offered to split the cost ers, Southhold Development Corp (SI)C), of the purchase with the county late last w~as a valid~contract but trial the~hi'gl~r bi~ yeax~ ,, ortered by .Baton took precedence because ~af~f,n, ey responded that he wasn't au- of the outstand{n~ iudOments a"~inst Sr'u~ thortz~d to bid higher for the parcel since ~"It is m o i~on t~'~ht it ~" '~ h~"~' th~.~egislature had only approved a $9 2 wise to engage in further litigation with the mit,non purchase pr:ce and the county's resulting expenditure of cog~ty resources," pratsals of the island valued it at that' Gaffney said. He added that s'.m.C¢ Ba~on, amount. who is an avid sportsman and re~ eon- Gaffney went on to explain that the~ ap- peal would not have an effect on the court's servationist, has publicly stated he would decision to sell the island to Bacon in any use the island a family compo~lld during event, and so it was in the best interest of the summer and as a ·private hunting pre- the cou~ngy lo agree to a stipulation of set- serve, he feJt "extreme y hopeful" that Ba. tlement with SDC and the ~ourt. ~on would' keep the island in its present UtlOCa' the terms of the settlement all state, outstaTndih~ lawsuits against SOC' by' the Just two weeks ago, East End legislators cOunty~ as well as those by SDC against the Oeorge Guldi atld Sregory Blass, both :at~ ~ rig,~ were~ dropped. The county had torueys, announced that they would tak~on l~lged a $6'million claim against SDC. In the case 'for the county pro bono. Guldi, 5ddition, the e~ity will r6caive $652,000 wh6 attended the press conferen~, stated tn back taxes, in~te, st and Penalties which that he diaaSrees with the county s conten- it had' been owed for the past.four years. lion thai[ II~ aI~ea ~t!~ld not have been [ $~ccesal~/ , ,~ Another $100,000 Wilt be ~t against the tis- sets of SEIC for other da ~ll!tlges. According ' ' ' to County Attorney Robd~'t Cimino, the county ha~al~t~ approximately $200,000 -in legal f~es on this case · When q~esti~ed w~ether his decision not to parsde the ac~t~ition waa"a chaaga in the _~,,ou,n.t.3~s t~hilo~phy, Gafffiey replied it wasn t. 'l~is {t.,h$ d~ion to'drop the appeal) is n~:,a l~i~ d~ision a~ nnlch as it is a lagal decibi~n,~'~. The Robins Island Preservation Fund, Inc. STATEMENT OF PURPOSE The Robins Island Preservation Fund, Inc. is a 501(C)3 non-profit corporation formed in 1988. Its goal is to ensure that Robins Island -- a 375-acre unspoiled island in Peconic Bay -- is preserved in its natural state. Background Robins Island is currently threatened with development. The organization presently holding title to the land, Southold Development Corp, is in bankruptcy court. The court has directed Southold Development to sell the island to the highest bidder. Interested buyers include a second development company with its own plans to develop the island. The County of Suftblk has also proposed acquiring the island and preserving it as open space. At this point, the likelihood is that a development company would be able to outbid the county and gain tide to the island. But even if the county were successful in acquiring title to the island, the preservation of the island in its current pristine state would still be in jeopardy because the county has not addressed an environmentally sound management plan for the island. Approach The Robins Island Preservation Fund has launched a plan to secure title to the land, for the purposes of both preserving it and ensnring proper land management. The legal approach used by the Fund is to secure title by contesting the legality of an action of New York State in the year 1783 in which the state confiscated the island from Parker Wickham. This case was filed prior to the bankruptcy case and is being heard in Federal Court. The Fund believes that there is sufficient legal evidence to support its claim that the confiscation was illegal and snfficient legal precedent to win the case and the island. Through mutnal recognition that the island shonld be preserved, over 75 percent of Parker Wickham's present-day heirs have donated their interests in the island to the Fund, and efforts are underway to contact the rest. None of these heirs stands to gain personally should the Fund gain title to the island because the Fund is a not-for-profit corporation. 2 Strategy for Preserving the Island Through a favorable resolution of the lawsuit, the Fund [)roposes ~o do tht~ following: Ensure that title to the island is held by an environmental protection organization or government agency committed to open space; Establish the island as a limited-access nature preserve similar to Mashomack Preserve on Shelter Island; 3. Establish a trust fund which would provide annual funds for responsible management and stewardship of the island; Ensure that the land is managed by a qualified organization such as the Nature Conservancy or the Peconic Land Trust; and Ensure the development of a sound inanagement plan for the island m accordance with protective covenants that would provide for the long-term protection of the land. THE LEAGUE OF WOMEN VOTERS OF SUFFOLK COUNTY To: The Suffolk County Legislators~ RE: Robins Island 12/21/93 On behalf of the League of Women Voters we urge you to consider the impact on Peconic Bay regarding development of Robins Island. The SEQRA process has been effective in reviewing projects and a comprehensive Environmental Impact Statement would be beneficial prior to any final decision on the future of Robins Island. Thank you for your attention to this matter. Sincerely, Johanna Northam Natural Resource Chair P.O. Box 1053 Southold, N.Y. 765-5971 11971 'vate Debating Robins I. fate By Rick Brand [.. ~ ~ ~ { merit that would permit partial [~ ~ lb~ ~b [ ~eup~.M~o~omo'soffer I - - I ~ split ~e ~ of ~fion. By L~ I sr~a ou~de ~e ~ ~m's ,. ~e ~e ~ of ~bi~ Isl~d in ~verhm~ while ~ o~, ~- ~ has gznerated some ~nfusion , about what would happen to the Uninhabited teardrop in the Pe- conic Bay. Following is a primer on the cons~qumm~ of a sale, accord- lng to the terms of a tentative · county and oatlin~l I~ ChiefDepu- · ty County Attoraey William Burke: If the county aMmm~a de~ that woutd SllOw ~ ~of ~ ~ ~e, w~r ~ ~ns l~d ~d ~ ~_~ ~ t~ T~ ~u~ ff~w~t ~ ~op ~y ~. ~ To~ of ~old ~ ~ up W'~ I~ ~ch ~venng a ~mum of 10 ~,ora~of~e4~ a~n ~e ~d, ~W the ~ms d~e ~ ~un~ d~. ~e To~ of~ ~ ~d o~ W ~low fewer 1~ ~ f~er a~ ~ ~ ~ ~ the m~. mum ~ ~ w~w~d ~ ~ ~h 1~ ~'~ ~ ~ld ~ a p~va~ ~, ~t ~ ~d~ ~e~ ~ld ~ ~ m "d~- tub, or~d~,~l~ ~ of ~h 1~ ~o~, w~e a m~mum ~ ~ m~d ~ p~- Both private owners and the pub- tie would have acce~ to th~part of each lot that is protected from de- velopment. The only difference is that the private orators could visit lng A~emb, Steven Engiebright (D-Se- tm,k~t), denounced the prolx~d settle- ment, contending it would give the public aece~ to the island only on a'"go-a-beg- ging basis." "The settlement, ~_:, ,,agre~nent is a ~,t will not work, it will fail, atterneyRob~g~, Pike, a backer of public purcham, to.Id ~ l~ialature. ,a/an will find it a TroJ[~' hbrso. I hope you look inside and reject While advocates made their cas.~ ,~raw poll yearly of the lS ~ ity -- i~a¥ored the settlement, while ~ backed a proposodjoint purchase wi~ ine. Postal (D-Amityville), Herbert ~ (R-¥aphank) and Steven Levy (D-]~. bcook) ~ lmki the balance, though ~ said he is "leaning heavily" toward prong the settlement. renewed turmoil over the ~? which has been mired in a court hat~ since 1989 -- began in August when Leg~. Jaseph Rizzo (R~lip Terrace) withh~M his supper ~or tha ~e~tl.v approved ~ tax -- Which County Executive Oaffney had sought -- until the cou~ ironed out a settlement with Herbert C~,~nmo~r, the German owners of the island. would put up half the meue~ ~r purch~e Despite Cuoma's pUblic st~eman~, bins L Fate RO~IN'~ from Page 7 ~for him to tell us what ~,i~. ~ from ~he state he's seeking." "/]~eanwhile,,_t~, propcoed settlement county s longstanding lawsuit How It Works wouldi from Page 7 the i~ could visit the protected part of hma~s o~ ~ 1~ o~ u~ ~r ~ ~ :'H~ w~d ~ ~ of ~ ~i~ who ~m t~ publ~ ~ ~ ~it~ ~ ~mmi~ ~d ~t ~ Please see ~ on Page 31 TRUSTEES John M. Bmdemeyer, III. President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 76 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 April 30, 1993 Sent to all County Legislators, County Executive, County Planning Dept. and County Water Authority as well as Town Agencies. Enclosed please find a copy of the unanimous Resolution of members present at the Southold Town Trustees meeting on Thursday, April 29, 1993. the As someone who can help us, we ask that you give deepest consideration to our request at this time. $outhold Town desperately needs help in protecting important land and water features for future generations. rely, John M. Bredemeyer, III President, Board of Trustees JMB/djh encl. SOUTHOLD PLANNINQ BOARD TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry R Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 April 30, 1993 The following action was taken by the Board of Trustees during its regular meeting held on Thursday, April 29, 1993 regarding Robins Island: Whereas, the Trustees of Southold, like the many, liken Robins Island to a jewel, a chalice; as important for its' place in the Peconics as in our minds eye. Whereas, the County of Suffolk, its' Executive and Legislative branches now deeply contemplate the level of preservation which shall mold the use if this island into the distant future. Whereas, the Southold Trustees, as the oldest continuing Public Trust body in the Coun%y, recommend and advise that the County completely dedicate the island to public use; to promote the tourism, fishing and farming of this area. Whereas, our board is a derivative of the earliest democracies in this country and continues to be comprised of fishermen and farmers; all of our deeds have been good. Whereas, the bountiful lands north of Robins Island and their contiguous watersheds ~ave served all the citizens of the county by providing food for the table and (now even wine) from generations of farmers with whom we associate. Whereas, a large hidden cost to the people of Southold for such a beautiful setting has been the degradation and natural impediment of our watersheds and aquifers on which our citizens rely as a sole source of water. Whereas, no less important to the preservation of Robins Island, a chalice, or our ability to appreciate it, are our needs for clean drinking water and protected watersheds. Whereas, there are many watersheds areas in Southold Town in need of preservation, especially around Laurel Lake. RESOLVED, the Southold Town Trustees call upon the County Executive and the Suffolk County Legislature to purchase or otherwise acquire all of Robins Island. RESOLVED, the Southold Town Trustees call upon the Suffolk County Executive and the Suffolk County Legislature to match penny for penny, dollar for dollar the entire amount, if any, that they may retreat from the total purchase and full preservation of Robins and dedicate same for watershed protection in Southold Town. Vote of the Board: President, John M. Bredemeyer, Vice Pres. Albert J. Krupski Trustee Henry P. Smith Trustee William G. Albertson III Ail Ayes Absent Was: Trustee John B. Tuthill Distribution: Suffolk County Executive Suffolk County Legislature Suffolk County Planning Dept. Suffolk County Water Authority Southold Town Board Southold Town Planning Board Southold Town Conservation Advisory Council Suffolk Life Suffolk Times L.I. Traveler-Watchman HARVEY A. ARNOFF Town Attorney MA'I~'HEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD April 16, 1993 SCOI~I' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Suffolk County Attorney Department of Law Building 158, North county Complex Veterans Memorial Highway Hauppauge, NY 11788 Attention: Robert Cimlno Re: Robins Island Dear Mr. Cimino: As a follow-up to our telephone conversation of April 13, 1993, I thought it best to memorialize the Town's understanding of what is transpiring and its impact upon us. It is my understanding that the County is presently involved in active negotiations towards reaching a resolution of the Robins Island litigation. Under no circumstances will the Town of Southold be bound by any settlement. That is to say, that although the Town is not taking an active roll in the negotiations, any agreement reached must spec]flcally not bind the Town. The SEQRA process relating to our municipality shall not be subverted by any agreement. Finally, so that there can be no confusion, it is the intention of the Town Planning Board to seek lead agency status in any ultimate S£QRA process. It is also my understanding that you will keep me apprised from time to time as to the progress of any settlement discussions. Suffolk County Attorney April 16, 1993 Page 2 In the event that your understanding of our conversation is different than that of mine, kindly advise otherwise I shall assume that the enclosed is an accurate representation of what transpired on April 13, 1993. Again, I would like to thank you for the courtesies that you've extended to me in this matter. Harvey A. Arnoff Town Attorney HAA:mls cc: Planning Board Judith T. Terry, Town Clerk Town Board Zoning Board of Appeals Trustees PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: Matthew G. Kiernan, Assistant Town Attorney Richard G. Ward, Chairman ~/~. Documents pertaining to Robins Island received since June 25, 1992 DATE: January 20, 1993 Enclosed please find all documents pertaining to Robins Island since the last request of June 1992 from the Planning Board office. Encl. LAND PRESERVATION COMMITTEE MEETING Present were: MINUTES Art Ross, Chairman Dick Ryan, Member Gerry Dennehy, Member Doug McGahan, Member Charlie Lauer, Member Bud Cybulski, Member Tim Caufield, Peconic Land Trust Randy Parsons, Peconic Land Trust Tom & C~,wenCassidy - property owners A regular meeting of the $outhold Town Land Preservation Committee was held on Tuesday, June 16, 1992 at 7:30 p.m. at Southold Town Hall. A correction of the Minutes of the May 12, 1992 was made by Gerry Dennehyo The Courtenay and Dickerson properties were not on the County list. The Minutes of the May 12, 1992 were then approved as read. Tim Caufield and Randy Parsons of the Peconic Land Trust discussed with the committee their forthcoming proposal for the Cassidy property as open space. This property is on public water and public road. It also includes significant wetlands on Hashamomaque Pond. The Cassidys will have an appraisal done for their agreement with the Trust and our committee would like to suggest to the Town Board that Dick Winters reappraise this propert;y as it is now being offered to the committee as open space. Old Business: Ralph Pugliese contacted Art and will.now accept the $6250.00 per acre for his property. Art will write to the Board. Art wrote to John Pontino regarding his 12 acre farm on Indian Neck Lane. It is not considered by the committee to be appropriate for farmland acquisition. . -2- Art also wrote to Mr. Moody on Fishers Island - as there is restricted public access to his property, we cannot recommend this parcel to the Boa rd. ,.~ ~.~.? ~ Art sent a recommendation to the Town Board to have an appraisal done ~H~C~p_ ~t.~ ? of the Spectacle Ridge vineyard property by Michael Gorman of Gorman & ~ Associates. ,~ /ff~T,'r With no further business to be conducted, the meeting was adjourned at 9:50 p.m. The next meeting of the Southold Land Preservation Committee will be held on Tuesday, July 21, 1992 at 7:30 p.m. at Southold Town Hall. Respectfully submitted,, /'JJoyc~ M. wilkins, Secretary Southold Town Land Preservation Committee '~ ' y. -- - DecemOer 3. 1992 * The Suffolk Times · upreme Court Kills Wickhami ' _Claim Federal court rejection ends famdy s Rev°l t on 'Cla Robi ..... ...... u -era to ns lsland;' By Jeff Miller The Wickham claim is dead. Three years after descendants of Southold magistrate Parker Wickham filed a claim to Robins Island in order t~ prevent its development, the U.S. Suj~me Court on Monday rejected it. It Wll/e last avenue of appeal for the de- scennants, who confirmed Tuesday that the ruling ends the legal battle. But they vowed to continue the fight on other fronts. The Robins Island Preservation Fund Inc., or RIPFI~C as the group of de- scendants has been known during the campaign, took the claim to the Supreme Court after a federal Disuict Court in Brooklyn also refused to hear iit. In a 43-page finding issued eight months ago, three judges of the Second Circuit Court of Appeals ruled that the descendants should have filed their claim 10 years, not 200 years, after the island and other lands were seized by New York State. . ~FINC hoped that a higher court w'0Eld look past the statute of limita- tions hurdle, and so filed a writ of cer- tiorari for a hearing by the Supreme Court. At the time, RIPFINC attorney Bert Hirsch said: "I'd have to say, the odds on being able to persuade any court to consider further rewew are against us." Of the thousands of peti- tions advanced each year, the Supreme Court considers "only a handful." he said. RIPFINC members accepted the latest defeat in that spirit. Cutchogue attorney An Ross, a spokesman for the group during the quest, said on Tuesday: "From the beginning, we said we'd go all the way with it. We had high hopes that we'd get a liberal judge in Second Circuit. Unfortunately, we drew a tough threesome there. That's the luck of the draw." , Unresolved Questions Mr. Ross acknowledged that it was a tough case to present, since it was con- structed upon 200-year-old building blocks. But he feels the case was com- pelling nonetheless, and regrets that it was never heard on its merits. "No one has ever disputed the validity of the claim," he said. "Someday we'll read law review articles on it. But no court ever really came to grips with the is- sues, the treaty of 1783, the rights of those whose lands had been confis- New York Slate seized the lands from Parker Wickham. a British loyalist dur- ing the Revolutionary War, in 1779, un- der the Act of Attainder. Descendants have argued, among other things, that the act's intent was not to seize the es- 'We don't want to hear the sound of chainsaws across the land on ' - Robins Island this spring, so we'll keep on working.' -- RIPFINC spokesman Art Ross tare of heirs. Mr. Ross suggested that one reason for the courts' reluctance to get into issues like that could have been this: "Who wants to disrupt the title to downtown Riverhead and much of the North Fork?" Parker Wickham's lands included those tracts, as well as the 434- acre Robins Island. The Wickham clan had hoped to promote preservation of the island by pressing the claim. Robins Island is owned by the Mittermayer family of Germany, under the name Southold Development Corp. (SDC). The SDC is striving to sell the island for $1~J.2 mil- lion to the Robis Corp. of California, which has plans to establish 12 to 20 multimillion dollar homes on five-acm mmi-estates ringing the island's north and east shores, and setting aside the other 375 acres under a conservation - '-- easemenL The disposition of the tide is currendy at issue in federal bankruptcy SDC attorney Al D'Agostino said Tuesday that the Supreme Court finding was not unexpected, and began looking ahead to future legal battles. Among suit. In October of 1991, the SDC sued 14 defendants, including three members of the Wickham family and North Fork - ~- See Robins, page 15 Wickham Claim Continued from Page 1 Wickham's lands, approved during the American Revolution, violated the Treaty of Paris, which ended the war. The group said the confiscation had no force of law for at that time Long Island was under British control. turned came about 70 years following the Revolution, well over a century ago. "We're sorry that the court~ came down so hard on the delay, but it's understandable~' said Ross, a retired at- torney, who added that if he were a judge "that would have bothered me:' Preservation Fund attorney Bert Hirsch also said the Supreme Court's In an initial ruling, District Court action came as no surprise. Th~ court Judge Leonard Wexler turned aside is asked to review over 5,000 cases each what has become known as the term, he said, but agrees to hear only ~:. Wickham Claim, the title of a book'' 120. ~ published' by the Suffolk County Obv ously were d sappomted," said ~ Historical Society describing Parker Hirsch. "We thought we had a good ~ Wickham's loss, saying too much time petition. The only options at this point had elapsed, are political ones, and I leave that · An appellate court upheld that deci- with those who want to be politically s~on, and on Monday the Supreme engaged:' Court refused to continue the appeal. . Ross said the Supreme Court's action ~ Someone IHed i "is the end of the lawsuR, but not the ~ "We're disappointed, but not bitter- end of the organization;' which he said ~ ho will continue to fight efforts to develo ~ ly so;' said Art Ross of ~utc gue, a ' p spokesman for the Robins Island · the largest uninhabited island in the : Preservation Fund, which filed the suit· .~ northeast. . ~"We gave it our best shot. The next Building Plans generation should know that someone The Robis Corp., which signed a con- stood and tried to preserve the island:' tract in 1988 to purchase the island Ross conceded that the time between from Southold Development Corp. for the legislature's action and the filing of $15.2 million, is endeavoring to secure the lawsuit "was the most vulnerable county support to build 22 vacation part of our case~' and that the last time homes with the rest of the island set The county agreed in 1989 to purhase the island for $9.2 million, a price the administration of County Executive}. Robert Gaffney said Suffolk can no !onger afford. County Attorney Robert Cimino said that while talks with Robis are continu- ing "we haven't gotten to the point where we've accepted any offers. We're still in the process of going back and forth with them:' According to reports, Robis has agreed to pay $I00,000 a quarter until it receives subdivision approvals from Southold Town toward the establish- ment of a nature study center. The com- pany eventually would pay a total of $1.5 million, an amount to be matched by the county. Southold Development reportedly is willing to accept $12 million from Robis. Company attorney Albert ~Agostmo declined to comment on the Unfinished Suits A key element in the negotiations is Suffolk's effort to gain protection from further litigation. Southold Develop- ment Corp. has filed a $600 milllion ac- tion against a host of defendants, including former county officials and a bill of attainder was successfully over- aside as a nature preserve, the Preservation ~un~, who itclaims Wickha Claim Ends Supreme CoUrt Won't Hear Case The United States Supreme Court ~American Revolution. . this week put an end to the Wickham With all appeals in that ~s} now ex, family's claim to Robins Island. Without dessent, the court let stand two lower court decisions which found that the passage of two ~enturies negated the argument that the state il- legally seized the island from Parker Wickham, a colonial magistrate, for siding with the British during the hausted, the focus shifts to the conti- nuin~ 'negotiations betweeh Suffolk County and a California development firm, which both lay claims t6 purchase contracts on the 435-acre island. !~.:)': ?The two are considering a plan to allow for the Construction of ~2 va~: lion homes, keeping most of the island in its current state. "~,~;;i~ Opposing any limited development, the Robins island Preservation Fund Inc., consisting of Parker Wickham's heirs, brought an action in federal District Court in 1989 claiming that the state Bill of Attainder confiscating Continued on Page 9 RobinS Island... Wexler,s decision of exactly a year ago that the Robis contract is invalid. Should the SDC win that case, Mr. D'Agostino predicted that it will "change things dramatically." He said it could "constitute an inverse taking of the island" by Suffolk County, which Continued from page 3 Bank. for conspiring to block the sale to a developer. The $600 million action is now in the discovery stage, and Mr. D'Agostino said it's about a year from coming to trial. Before that. a resolution is expected in t.he SDC's appeal of Judge Leonard has fought to enforce its $9.2 million . contract to purchase the island. He I warned of damages in the "tens of mil- lions of dollars" for interest and ~'lost business opportunities" and the county's "effort to destroy the value of the is- land." : ' How RIPFINC will be involved in thc ongoing tug of war is not clear at this point, said Mr. Ross, but he added, "We'll be there whenever anybody wants m talk about Robins Island." He mentioned possible support in the National Estuary Program, state efforts toward a purchase and "the last stop, thc planning office of Southold Town." Mr. Ross said, "We have a lot of allies, and we don't intent to leave the field. We'll lick our wounds and go back at it." Despite thc defeat, Mr. Ross said RIPFINC members are pleased to have entered thc fray. "We feel we sounded . the alarm, like the Save Robins Island Committee did before us. "It's been a long. interesting fight, and we"re disappointed of course," said Ma-. Ross. "We don't want to hear the Sound of chalnsaw~ across the land on Robins Island this spring, so we'll keep on working." Robins 'i'sl-and the island-owning Southold Develop- der supposedly was liltcd by th~n, offi- ment COqL wcm negotiating. The sub- ~ of ~c lalks was sluoudcd by a gag There,s ' cials were mum an th~ n~goti~o~, ea. Cept fo~ suggestions that som~ sort of partial development deal was ~foot In the island for $1.35 million. In a scri~s Mr. Miucmmy~r apl~a~ in Cu~ After ~ ~p in~ ~e lion's ~n. ~. lng ~ ~ugh ~e c~ in ~e f~l, ~C. ~e U.S. S~me C~ m* f~ ~m~of~Wic~ ~ ~ c~. S~ ~ ~e~ Rob~ ~ ~ ~g. m ~'H k~p ~'on~t~ Fire Pensions The De~med Benefit Se~ce Awards something I scientific and cducati°nal Pu~°s~'" I' I F:/& l on I IiI '~ I ,theE~tEnd. I ~neent T~eni ',/l II - ' ,' -~ ~ I [11 m ~sPEc~' "-/I I I1 w~ned do~ ~th appro~ ~nt ~ · · I 11 * Regro~ ~th ac~Uc ~fl~ ~ ~; I ]1 'Tub~comm~ Ro~On II i ~: a~ ~ ~0 Z ~ ......... - _ '...' ' Jlu y C..~.~ ¢_. _~v, 1 ~92 ~iLLL * 3o'¢~iT ,.t~o})u~ e IT , 8The Suffolk Times for:Robins'Is. Mansi°ns By Linda Levy For 30 years, the people of Suffolk County have been trying to prevent the destruction of Robins Island by devel- opers. We thought we had won when the county signed a contract to purchas~ thc island. Now we learn that County Executive Robert Gaffney plans to rip up our contract and give away our is- land to developers. Last week, plans to develop the island were Finally revealed -- to the county, not the Town of Southold. As feared, these plans call for the construction of "mini-estates" along thc waterfront, with the remainder of the island left as Linda Levy is the director of the North Fork Environmental Council. Equal Time nature preserve. In othei' words, Robins Island becomes a nature haven for a few millionaires who want the peace and quiet that only an undeveloped island can provide. Apparently the idea is to get the county to agree to take the left- over property after the millionaires get the best part. The rest of us get to pay for the management of the "preserve" and all the rest of the services that de- velopment will require. Why is the county executive trying so hard to cut a deal with Robis Corp. to get out of the contract to purchase the island? Recent polls show that there is still countywide support for both the purchase of open space in general, and for Robins Island specifically. The county administration claims this is a cost-cutting measure, but the funds, in- cluding the debt service, to purchase the island were put aside years ago. The county executive seems so enthu- siastic to work with Robis, he is willing to put aside all sorts of legal issues, like environmental review, home rule and the county's own legal claim to the is- !~"-d. Docs Southold Town have noLhL-.g to say on the development of the island? Doesn't the County Legislature have to be consulted about development of open space they have already voted to pur- chase? Last week also brought the additional (not unexpected) news that the brown tide has returned for the seventh year running. How can additional waterfront development even be contemplated with the current state of our bays? While no one has yet solved the mystery of the brown tide, there is consensus that pol- lution of the waters by runoff is a con- Uibuting factor. Now is the time to be protecting what limited undeveloped waterfront we have left, not planning its elimination. We are told that we should be grateful to the d~vetoper because only 59 acres of the island will be cleated for build- ing We will still be able to glimpse lit- fie bits of the woods between the man- sions on the shoreline. No thanks! There is no such thing as a partial wildlife refuge. There is no such thing as a "partial" development of Robins Island. Robis oDins DeveloPment and preserVation eyed By Jeff Miller Robins Island has been mapped for development And preservation. Robis Corp. of California has submit- ted to Suffolk County a conservation easement proposal that would set aside 375 of the 434 acres of Robins Island "for scientific and educational pur- poses.'' The rest, a swip of waterfront tinging the north and west coasts, would _be developed. Douglas Riemer, local agent for Robis Corp., said the talk is of any- where from 12 to 20 multimillion-dollar homes on five-acre mini-estates. The homesites themselves would actually be 1.5 acres, with 3.5 acres included in the conservation easement, he said. They would be "more than 200 feet back from the high water mark and will be sited in such a way as to minimize visual impact from the water," according to the Robis plan. The proposal also calls for on-site septic systems behind the homes, a new community dock and construction of a nature center. As for Wanspormtion on the island, "The road sy$.tem would be wide enough to provide f$r'~rnergency ... vehicles but the landowners &bttld be allowed only the use of golf cad type vehicles," says the plan. The proposal was prepare~d fo~ Robis Corp. by Andrew Johnson of Conservation Advisers in Chadds Ford, Pa. It was submitted to the county last week attached to a 1983 "Ecological Evaluation of Robins Island" prepared by Seatuck Research Program of the Cornell Lab of Ornithology. Mr. Johnson cites that study in his proposal, and writes, "The report confirms my ob- servations in considerable detail ... There are no plant species thai are listed as endangered or threatened to be found on Robins Island that are not proposed Sea Robis, page THE I:,LAN--The Robis Corp. map shows the proposed homesite swath in the ligl ~t shade, and the proposed conservation easement area in the dark shade Robis Corp. Maps Robins... Contir ued ~rom page 1 the Southold Development Corp. last to be preserved by the conservation The Johnson analysis also states: "Rohh s Island is not a pristine ecosys- tem ~s has been reported in the press. A large l~rtion of the island was clear cut for agricultural purposes many years ago. Sbe agricultural lands were then abandoned" and a "successional forest" grew, states the proposal, which also cites" evidence of commercial activity" in the form of "a brick factory that ex- isted on the island for many years. 'Pristine Nature' (NotD "In summary, therefore" writes Mr. Johnson, "the island is interesting as a successional forest and because ot me balance-of-nature questa~on posed by the abnormally high fox population, but I feel the "pristine nature" of the island has been greatly exaggerated." That view is shared by several county legislators, who are calling for financially pressed Suffolk County to abandon efforts to purchase the island for preservation. A valid question is, why is Robis Corp. submitting any proposal involving Robins Island? When last seen, a federal judge had thrown out the $15.2 million Robis contract to buy the island from December, supposedly putting thc county's $9.2 million contract back in the driver's seat. Why is Robis still in the picture? Mr. Riemer's answer: "Easy. It doesn't cost them anything." He said the develop- ment group sees the predicament facing Suffolk County and is proposing a solu- tion: Limited development and 375 acres of nature preserve. "I think it's the best solution, myselL" said Mr. Riemer. "Robis still has to go through Southold Town [for development approvaisl. If it can't be developed, it will all be pre- served one way or another. So why spend the money when the county does- n't have it?" Mr. Riemer said Suffolk now faces in for $1.2 million in legal fees, and more if the case goes on. He suggests that ail legal entanglements be dropped and that Robins Island gets a fresh start. "Let's go back to the open market and see what happens," said Mr. Riemer. If Robis does prevail in the bidding. there's a chance that, at the end of at least two years of permit-seeking, the necessary permits will be denied, he said. "So after two years nothing will have happened except maybe there will be a new deck," 16 · The Suffolk Times · July 2, 19~2 SOurce: the Mittermayer-: Aren't the Real Culprits · villains for the 19808. T~y've been called "the mystexious Mlltexmayers," a.k.a, the "Pave Robins Island Commit~e." They've almost nevex been seen; they just came in, bought beloved Robins Island, and then proceeded to parlay it into big-money rea] estate~ But that's not the teal Mitta~mayers, according to Douglas Riemet. f~ $1.35 million.) What's RobiS? · It's a derivative of Rob(ins) Is(land). ~ ' · It's headed by Allen Senall. · its principals are involved in th·entertainment and · . financial industries. ! · They have no interest in revealing their identities. "Robis" is a mix of the Fu'st syll~; "Robins" ·od "Island." C~ifomia-b~ Ro~is, headed up by Allea 8enall, coasomum of investors who wan! 'T&e Untold Story' Another item: As suspected, the name .See Mltterma~er~, ne~t p: Who's Paying Robins Is. TaXes? A Corporation Called Y.O.U. Guess who's been paying the taxes on Robins Island since 19897 If you're County govemmefit pays these bills out of its general fund, accordi to deputy county u~asurer Euge on the island was on June 7. 1989, tho county also is paying the tax bi snowballing since June 7, 1989. Including panalties and interest, the 8DC now owes a total of $305.208.10 How do you come to he stock fordiat tax bill? Under the Suffolk County Tax Act, taxes that cannot be collected a~e paid by the county, and a tax llen is placed on die delinquent prope~, to he s~l~id when bankruptcy settlements are p'.ached or dee. ds change hands. If New Suffolk Divided g92 · ehe Suffok Times · 17 The Mittermayers... · Continued lrom previous page lower than the $9.2 contract by foming fl~ island into a foreclosure sale. - t That Claus Mittermayer suffered 'an emotional breakdown" due to the events of June 7, 1989, the day before the Robins Island foreclosure sale by North Fork Bank. Mr. Riemer said Clam Mittermayer was nearly disowned Thc most compelling passages deal with events sunounding the first fore- closure sale. Although the sale was can- pressure to achieve the delay was like someone "putting a gun to my head and about to pull the trigger." By 10:21 on of Southold Town Hall. Mr. lack of sleep, lack of food, physical and mental exhaustion and sU'ess during the la~t 60 hours caused me to experience an emotional breakdown." Jeff Miller Feds Don't Ante Up On Robins The Feds will not be saving Robim Island this year. The Hous~ Appropriations Com- mittee this week declined to in- by his father as the SDC almost lost the island. The document suggests the connec- tions between various players in the Robins Island straggle that are cited in th* SDC's $600 million conspiracy law- ; mil filed in 1991 and sdll pending. Mr. :: Mitlermayer writes that The Nature ~ '. ~onseiwancy (TNC) "enjoys a specially Wickham & Bressler, and that John Legal Notices LEGAL NOTICE Robins Island Taxes... Continued frcm previous page liko to s~ some development; a couple of million-dollar mansions would help tremendously. But a lot ar~ concerned about what it would be when developed, with ferry boats running back and fmdi.' The obvious advantage of develop- ment is financial: Mansion dwellers would pay taxes into the school dis~ict. Conversely, if the county buys the is- land, the school loses roughly $40,000 per year in taxes (governments don't pay taxes, they collect them). How big a jolt would the loss of that $40,000 per annum be? I'&. Sokel said Robim Island accounts for 13.4 pement of the school district's tax flow· Without Robins Island taxes, the tax rate would increase from $15.32 to $17.37. On a house assessed at $4,000, which he said is a bit high for New Suffolk, the tax bill would climb $82 per year. "Not a k/llor," said Mr. Sokel, but not a clambake, either. However, at $15.32, the New Suffolk school tax is the lowest on thc North Fork by a wide margin. And at $17.37, it still would be thc lowest on the North Fork by a wide margin. clnde the $2 million Congressman George Hochbrueckner (D4Soram) had hoped to seem to aid in the purchase of the island for preser- vation. Mr. Hochbraeckner and , others had been talking of a coalition of federal, county and private funding sources to provide sufficient cash to achieve the purclmse from die Southold Det;el- opment Co/p. "In an effort to help reduce the deficit ... die committee slashed funding for acquisition of new federal lands, and it therefore did not include funds for the purchase of Robins Island," Mr. Hoch- bmeckner reported on Wednesday. WE'RE ^JEWEL OF A DIFFERENT NATURE 369-2233/4172 We've moved and expanded to serve you better! 3-DAY 'x GRAND OPENING PARTY.. J '"',~,,:.,.~ July 9th, 10Ih, 11th .,.,.otO~/ Great Selection of ORGANIC PRODUCE NATURAL FOODS · HERBS ,, VITAMINS ,, BODYBUILDING SUPPLEMENTS PERSONAL CARE AND ENVIRONMENTALLY-SAFE HOUSEHOLD PRODUCTS Visit our "~ooe ~ ~auytf/e.-" TAKE-OUT DELI/JUICE BAR Sewing up Scrumptious Delights with Your Health in Mind ~ andrY'''ece,ve ;~'a~Ji~l~l'lO°/o OFF ) l OFF~.~OOD ENTIRE PURCHASE STORE HOURS: MON.-SAT. 8 AM- 7 PM * FRL 8 AM - 8 PM o SUN. 12-5 PM Plenty of FREE PARKING HARVEY A. ARNOFF Town Attorney MATFHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM SCO'I'r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: All $outhold Town Departments Matthew G. Kiernan, Assistant Town Attorney January 7, 1993 Robins Island On June 25, 1992, Judith T. Terry circulated a Freedom of Information Act request from the attorney representing Southold Development Corporation with respect to documents relating to Robins Island. A copy of Mrs. Terry's memo and the document request is annexed hereto. This attorney has now served a' Notice to Produce Documents upon the Town and has requested that the departments provide any relevant documents which have been received since his last request. A response to my office would be appreciated within 30 days. Supervisor Town Attorney Board of Appeals Assessors Planning Board / Building Department Trustees Community Development Historian Superintendent of Highways JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 25, 1992 To: From: Re: All Southold Town Departments Judith Terry, Town Clerk Robins Island Attached is a request un,der the Freedom of Information Act with respect to documents pertaining tO Robins Island. Please review this request very carefully and submit to me copies of everything you have on the subject at your earliest convenience. Thank you. Supervisor Town Attorney~-'~ Board of Appeals Assessors Planning Board Building Department Trustees Community Development Historian Superintendent of Highways SCHEDULE A Request from the Town of Southold under the Freedom of Information Act 1. Resolutions or Recommendations pursuant to Sec. 239-m of the General Municipal Law, the Suffolk County Charter or any other Municipal Ordinance or Statute which may have been issued by the Suffolk County Planning Commission in relation to the up-zoning of Robins Island or in any way relating to Robins Island. 2. Any and a%l Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of iSouthold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Suffolk County Government (incl!uding any representative or agent thereof). 3. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Nature Conservancy (including anY representative or agent thereof). 4. Any and all Documents (including Minutes of Meetings,' Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the Peconic Land Trust (including any representative or agent thereof). 5. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the Seatuck Research Program (including any representative or agent thereof). 6. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and a~y Branch or subdivision of the Cornell Laboratory of OrnitholOgy (including any representative or agent thereof). 7. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and the Southold Development Corporation (including any representative or agent thereof). 8. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the New York State Government (including any representative or agent thereof). 9. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the United States Government (including any representative or thereof). 10. Any ~nd all Documents (including Minutes of Meetings, Memoranda, !Correspondence, etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agent thereof) and the Robins Island Preservation Fund, Inc. (including any representative or thereof). 11. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the Suffolk County Historical Society (including any representative or thereof). 12. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the North Fork Bank and Trust Company (including any representative or thereof). 13. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Robins Island Advisory Committee (including any representative or thereof). 14. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the Group for the SoUth Fork (including any representative or thereof). 15. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the North Fork Environmental Council (including any representative or thereof). 16. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.)relating to Robins Island, involving~ ~the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the United States Army Core of Engineers (including any representative or thereof). 17. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Suffolk County Department of Parks (including any representative or thereof). 18. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Suffolk County Department of Conservation (including any representative or thereof). 19. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Southold Town Democratic Committee (including any representative or thereof). 20. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Dwight Holbrook (including any representative or agent thereof). 21. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Robert Pike (including any representative or agent thereof). 22. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and John Wickham (including any representative or agent! thereof). 23. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Thomas Wickham (including any representative or agent thereof). 24. Any and all Documents (including Minutes of' Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Gregory Blass (including any representative or agent thereof). 25. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Fred Thiele (including any representative or agent thereof). 26. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agent thereof) and Steven Englebright (including any representative or agent thereof). 27. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Patrick Halpin (including any representative or agent thereof). 28. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agent thereof) and Joan Scherb (including any representative or agent thereof). 29. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Thomas Boyle (including any representative or agent thereof). 30. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Claus Mittermayer (including any representative or agent thereof). 31. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Arthur Krener (including any representative or agent thereof). 32. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Congressman George Hockbruckner (including any representative or agent thereof). 33. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town representative or agent thereof) representative or a~ent thereof) of Southold (including any and Larry Penny (including any 34. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Kevin McDonald (including any representative or agent thereof) 35. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Valerie Scopaz (including any representative or agent thereof) 36. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island involving the Town of Southold (including any representative or agen~ thereof) and Chris Kelly (including any representative or agent thereof) 37. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Ronnie Wacker (including any representative or agent thereof) 38. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Ruth Oliepa (including any representative or agent thereof) 39. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and James Gray (including any representative or agent thereof). 40. Ail Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) concerning or involving Robins Island. 41. To the extent there are no documents for a particular category a letter is requested stating that there are no documentation. PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: · DATE: Judith Terry, Town Clerk Bennett Orlowski, Jr., Chairman Documents pertaining to Robins Island July 15, 1992 Enclosed please find all documents pertaining to Robins Island from the Planning Board files as per request under the Freedom of Information Act dated June 25, 1992. Encls. -7- t gc~%ing an agreement from the Diocese of Rockville Centre. The lr.m.!eouate side yard will be a matter for the Zoning Board of Appc, als. They will also require a special exception to construct ~:n i ?, variance from the parking requirement. Mr. Raynor would like to get the opinion o£ the town attorney in regard to a waiver o:' '!:e parking requirement. One o£ the officers of the library c~::~c~:rted that the expense o£ a parking lot would preclude the Ro~.,~:'.:; island. The Board does not want to act on the sketch map i'c~ ~ ~o development of Robins Island until such time as a field t:k-) ;tion can be arranged for the Planning Board and members o£ · ~ ~)r~servation Advisory Council. Mr. Esseks will be contacted to ~ ,lc arrangements. motion made by Mr. Orlowski, seconded by Mr. Wall, it was .~/~ iSOLVED to set 9:00 p.m., Monday, February 25, 1980, at the~. .k'!, Main Road, Southold, New York, as the time and place ~blic hearing on the question of the approval o£ the ...... y map o£ the subdivision of "Macari" located at Mattituck. ~'.~e o£ the Board: Ayes: Raynor, Wall, Orlowski, Latham ~"~ motion made by Mr. Latham, seconded by Mr. 0rlowski, it was !20LVED that the Southold Town Planning Board declare itsel£ .'~cy in accordance with the State Environmental ~uality / ~e'.'i~w Act for the unlisted action o£ the subdivision of the ~romer.ty o£ "Macari" located at Mattituck. Vote o£ the Board: Ayes: Raynor, Wall, Orlowski, Latham 0~ mocion made by Mr. Orlowski, seconded by Mr. Latham, it Of ~O~VED that the subdivision or settin~ off o£ tw~ ~ and :-~s mY ~e~ by Mrs, Cooke and Mrs. Emerson to Mrs. Cooke This ac~e~°n ~? considered as a casual sale in the familv. r.e=a~n~f sugject to the filing of a covenant that the ~ ~ub~[.~.~[i ~ vne ~en acre parcel be submitted as a major '.'s~e of the Board: Ayes: Raynor, Wall, Orlowski, Latham .~ --"- Chairman directed that the map of Walter Gatz be forwarded Soil & Water Conservation District o~ the U. S. Department D Southold, N.Y. 11971 !¥ E RAYNOR. Jr.. Chairman I'£RICK E GORDON '/,ALI, ' ORLOWfiKI, Jr. tCE RITCHIE LATHAM, .Ir. TELEPHONE. 765- 1938 A regular meeting of the Southold Town Planning Board was held at ..30 p.m. Monday,. February 25, 1980, at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Vice-Chairman Frederick E. Gordon Member Bennett Orlowski, Jr. Member G. Ritchie Latham, Jr. Millioent Gossner, League of Women Voters Arthur Oossner · Frank Bear, North Fork Environmental Council~~ Robins Island.(Southold Deyelopment Corp.) Present at this portion the meeting were William Esseks, attorney for the developer; J. Raynor, engineer for the developer; Dwight Holbrook, Sag Harbor school teacher; Paul Demery, L. I. Traveler-Watchman; Mike Stahl, Suffolk Times; Councilmen Drum, Nickles, Murdock and Sullivan. The following answers were given by John J. Raynor to concerns mentioned by Chairman Raynor. Access'to the island. New Suffolk property. Details have not been wo~ out as to how this will be handled. New Suffolk is part of the purchase and it is anticipated it will be used for a parking and docking facility for a boat to go back and forth from the mainland to the island. Fer~x to provide safety in terms of police, fire and other necessary functions of the town. There may be a ferry service. There may also be a boat capable of carrying one large vehicle back and forth for maintenance purposes but not to serve as a daily ferry for vehicles. The chairman stated that it would be incumbent on the developer to provide a boat capable of carrying ssveral pieces of fire equipment. Pla~ming Board -20- S~ember 22, 1980 Mr. John Diller, attorney for Helen and Anita McNult¥ has requested that the board over-ride the condition of the Suf£olk County Planning Commission requiring a 100 foot setback from Peconic Bay. The action to over-ride a condition requires a majority plus one vote of the board. On motion made by Mr. GOrdon, seconded by Mr. Latham, it was~ PlanniP~nS0~yn~Di~i~e~r~l~heaC~i~ of the Suffolk County g q ' g setback from Peconic Bay for the minor subdivision of Anita and Helen McNulty. Vote of the Board: Ayes: Ray-nor, Gordon, Latham Nay: 0rlowski The condition did not reiceive the reGuired votes for an over-ride. The following letter un~er date of September 19, 1980 to the Planning Board was received: Re: Robins Island Gentlemen: ~. John J. Raynor and I have not contacted you in the recent past about the development of Robins Island; however, based upon inquiries from the New York State DEC, I contacted our client in writing. The client advised as follows: "Any development (of the island) will be limited to the proposed subdivision of twenty-eight lots." However, I am also advised by the client that there will be no application to implement the subdivision in the very near future. /s/ William W. Esseks On motion made by Mr. Latham, seconded by Mr. Gordon, it was RESOLVED that the SOuthold Town Planning Board declare itself lead agency for the subdivision of property of Galileo Valentini ~ogate~ a~ Fish,rs Island. This project is unlisted and an initia~ ezerm~navion or 'non-significance has been made. Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Latham On motion made by Mr. Latham, seconded by Mr. Gordon, It was RESOLVED to approve sketch map dated July 1980 of the minor subdivision of Galileo Valentin~ located at Fishers Island subject t° c°nt°urs being sh°~ °n th~~inal map'Vote of the Board. Ayes. Raynor, Gordon, Orlowski, Latham ~m~ning Board -2- November , 1977 On motion made by Mr. Gordon, seconded by Mr. Coyte, it was RESOLVED to approve the map of the minor subdivision of ~roperty of Stanley and Helen Sledjeski, said map dated March 16, t7Z and amended August 30, 1977, and authorize the vice-chairman sign the map. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED to approve the map of the minor subdivision of ,erty of Mary W. MacNish, said map amended October 13, 1977, ect to the following: '" 1. Recommendations of the Suffolk County Planning Commission. 2. Notation being placed on the map that no lot shall be £u~.ther subdivided. 3. Filing of covenants and restrictions that no lot will be further subdivided being filed in the Suffolk County Clerk's Iffice. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall On motion made by Mr. Gordon, seconded by Mr. Wall, it was RESOLVED to approve the sketch map of the minor subdivision )f Arlene Marvin, said map dated October 14, 1977, subject to notation being placed on the map that the access will be from the right-of-way to Luther's Road. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall It will also be necessary that covenants and restrictions be filed as to no further subdivision and a notation be placed on the map. The following letter to Mr. John Wickham, Chairman, under date of November 18, 1977 was read into the minutes. Robins Island. Dear John: I have just returned from a short vacation to see your letter of November 10th. Unfortunately the Ingoglia-Samuels deal is finished, and I Cannot really blame them for ~t going on any further. As you ~ow, there were 3 lis pendens that had to be removed, and this and other local matters caused further delay. planning Board -3- No 2~, 1977 t am glad to know that your Planning Board looks very .y upon their proposal. In the event some future buyer :omes up with the same sort of plan, I am sure this would help ,our Planning Board expedite the matter. Cordially, /s/ John W. Mackay On motion made by Mr. Wall, seconded by Mr. Gordon, it was RESOLVED to grant final approval to the map of the minor s~division of Alice S. Sturges, said map revised August 12, 1977, authorize the vice-chairman to sign the map. Vote of the Board: Ayes: Raynor, Coyle, Gordon, Wall ~ following letter dated November 8, 1977 from the Suffolk (,c~nty Department of Planning in regard to the Time Structures~ Inc. s~iodivision was read into the minutes, letter dictated 10/26/77. D~r Mr. Wickham: Mr. Rath and Mr. Ziems stopped by at this office yesterday, 0~tober 25, 1977, to discuss their proposed subdivision. Their specific concern is the 100 feet setback requirement along the Sound and the impact that the setback will have in siting the houses on the shore front lots. They had with them a topo map of the bluff that was prepared by Lockwood, Kessler & Bartlett, Inc., from 1955 aerial photographs and three letters: (1) Lockwood, Kessler & Bartlett, Inc., dated February 8, 1977; (2) Young and Young, dated June 27, 1977; (3) Frederick J. Ziems, dated July 18, 1977. It is their opinion that this material substantiates their contention that the setback requirement should be relaxed and, therefore, this material should be considered by the Commission. While I requested that copies of this material be left with me for information purposes, this material will not be considered as part of the official file of the Commission m~less your Planning Board indicates that it should be. This in in accordance with Commission policy that no materials concerning any subdivision will be accepted from any subdivider or their agents for consideration by the Commission in its review unless it is authorized for acceptance by the local referring agency. It was pointed out to both gentlemen that if they felt that they had valid information concerning the stability of the shore- ~]ne along their property that they wanted the Commission to Consider that they submit it to the Town Planning Board with a request that it forward the material to the Commission. -!O- ~ovember 17, 1975 :- i:ond Estates. Richard Cron, Esq. appeared. ~.~r. ~Uron reviewed the recommendations of Mr. Tuthill. · That all reverse curves have 200' tangents. He said he :!.Jn't tunderstand that recommendation. That all pipe for drainage have minimum size o£ 18" ~. [.ir. Cron said that was standard specs. That all water lines be carried to the property lines adjacent lands and cross over pipes be made to each lot ~ior to suur£acing of roads. Mr. Cron said the water lines ,~re taken to the boundaries. 4. That there be a 15' berm around all recharge basins with road to bottom of the basin. This is standard specs. 5. That manholes be placed 150' along drainage pipes. Standard specs. 6. That the recharge basin at lot no. 40 is insufficient. 7. That a recharge basin be at north end o£ the property. These two recommendations Mr. Cron will discuss with his engineer. Greenbriar Acres. Richard Cron, Esq. appeared. It was the consensus o£ the Planning Board that Wood£ield Cou~t remain where it is. Mr. Cron requested that the matter be placed for a public hearing. (Request proper documents from him) Robins Island. Jack Driscoll and Stanley Waimey appeared. Mr. Driscoll: These are three acre parcels each 150 feet wide. We legally own one hundred feet into the water and we are going to deed it. Covenants and restrictions would say one house on three acres. There are 125 lots altogether with the interior lots. Mr. Raynor: On the basis of the sketch will you be willing to tie up the remaining parcels in the corporation that is developing the island saying there will be no £urther density? Mr. Driscoll: We might ask them to allow 1~ or 15 acres for a golf course like a Par ~. Holzmacher is getting aerial photos. November 17, 1975 ~.~. Raynor: You have no other alternatives at this time? Mr. Driscoll: We are looking £or a maximum of 125. macher has made a study. Monsell has made a study and they all think we can get individual wells and get enough water there. I can't guarantee it until we have test wells on it. ~£ we can't get it that way we can get it with reservoirs. Mr. Raynor: Could you get a report available to the Board? ~. Driscoll: Also from the Board of Health, in their opinion we will not need a sewage disposal plant because o£ the size and amount of lots we are going for. We will probably have to put in a power plant and possibly a tele- phone sending station. Mr. ~ickham: We have seen Robins Island presented to this Board twice before. We have had some ideas that if you are going to develop it the~e should be some sort o£ a docking facility for reasonably ~mall boats £or the property o~ers. Mr. Driscoll: I think we are going to put it right here. ~'~e own 1,000 feet out and 250 £eet wide. If we bulkhead this it is alet safer. Out here we have six or seven feet at low tide at the end of the dock. We might go out further and run a bulkhead and have the boats come in and have £1oating docks. The only problem here is your northeaster and Nassau Point helps so you can't get hit too bad in here. We are trying to come up with the sa£est place with the least problem year-round. This is a solid bulkhead here now. It is a beautiful spot. I think the answer is going to be what the environmental and Army Corps o£ Engineers want. We do own it. I~ is on the deeds and the iand grant. Mr. Wickham: You have another problem and that is a ferry. I£ you are going to have to build a ferry facility anyway you may as well have dockage for smaller boats. Mr. Driscoll: We are trying to come up with a passenger £erry and put in a bulkhead so we can come in in the worst o£ weather. We might use LCMS to bring trucks over and land them right on the beach. Mr. Wickham: If-you use an LCM or something like that then you can get away from part o£ you~ parking problem in New Su££olk. You can have these people drive to their own property. It takes an awful lot of parking for 125 ~ homes . M~r. Raynor: I think you will £ind you have to go to FAA. Mr. Wickham: Don't forget that people who are buying a house for $100,000 would have at least three cars. Mr. Driscoll: We also have a 2~ foot beach in New *Mr. Driscoll commente~d on having a proposed landing strip on the north sand bar o£ Robins Island. Planning Board -12- ~ovember 17, 1975 Su££olk and might be a way o£ trading that o££ for s~me -parking £acilities. This is what we are thinking about. We are not closing our minds to anything. We are trying to keep cars o££ this island. We need utility vehicles and a £ire truck. We might put a mini-bus on the island. It is our idea not to have cars on the island. Mr. Raynor: What alternatives are you proposing? Mr. Driscoll: We are thinking o£ gol£ carts. We are leaving this parking area strictly for that purpose. We will probably have another parking area for the people i£ they want to use the beach. 80% o£ the people use the beach about 1/10 as much as they used it when they were stummer. (residents) Mr. Wickham: I have heard alot about these gol£ carts and I have seen quite a few proposals but I haven't seen one come to pass. For every ten that are submitted, perhaps one gets into operation.~ Mr. Driscoll: I think the difference is we would own the whole island and we have the right to put any kind o£ covenants and restrictions that we want i£ we think we can live with it. We have done a study on it. Everybody is raving about the idea o£ electric carts. We don't ever want to put blacktop roads in. We will have a homeowners assoc- iation and the roads will be theirs and if they decide to put town roads in then let them go ahead and do it. I really don't think it will happen. Mr. Raynor: You mention that you feel you might have to put in an electric generating plant. If you oil fire you will run into tank storage of some sort. You will need a facility to load the tanks. Mr. Driscoll: the same at the end o£ the pier. Mr. Grebe: Wouldn't it be cheaper to bring from the mainland? Mr. Driscoll: LILC0 says ~200~000 to bring a price on the power plant o£ II11175,000 with with it. I was advised by the engineers to start our own telephone company instead o~ paying ~80,000 for theirs. Mr. Raynor: With tank storage you are going to run into change o£ zone. You know what Northville has. You can do the power in it in. I have a standby plant Mr. Driscoll: There will have to be a piece somewhere rezoned for storage o£ oil and for Mr. Wickham: Do you have to get a permit to underwater? of the island a store. run a cable Planming Board ~er 17, 1975 Mr. Driscoll: We will shoot it across with radio lines. Mr. Driscell left three copies of the sketch map. Henry Raynor took one. H~arr¥ Baglivi_ change of lot line. Mr. Baglivi appeared. The £ollowing letter under date of November 14, 1975 from the Southold Town Board of Appeals was read. Dear Mr. Wickham: Re: Appeal No. 2089 - Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, N. Y. - Lots #3 and #2, Minor subdivision #10. A hearing was held for the above appeal on November 6, 1975. The Board of Appeals GRANTED permission to Harry & Lillian Baglivi to alter property line, as applied for, subject to the following conditions: 1. That the line between Lots #3 and #2 would be moved, tunder this Action, 12 feet to the west and ~arallel to the original line, increasing . Lot ~2 slightly, and decreasing Lot #3 slightly. 2. That this Action shall be subject to the approval of the Southold Town Plarnaing Board as this minor subdivision was created by the Planning Board. The findings of the Board are that applicant wishes to preserve the entrance to his garage which is located on Lot #1 of Minor Subdivision #10 as described on Van Tuyl survey of June 16, 1967, and does not wish to have to do away with 12 feet of his parking area. Applicant has ten- tative plans to build a house for his daughter on Lot #3. The Board agrees with the reasoning of the applicant. /s/ Marjorie McDermott Secretary Mr. Moisa told Mr. Baglivi that this Board would discuss the matter later in the evening and make a decision. .San Simeon Retirement Home. George Koch and Pastor Coleman appeared. Mr. Raynor suggested that as long as the Church owns it, the variance would be in effect-but if the Church were to sell any part of it the variance would be relinquished. · John J. Raynor, P. E. CIVIL ENGINEER P.O. Box 4 Water Mill, N.Y. 11976 726-9576 Reports Office: Mill Pond Lane, Water Mill, N.Y. Design Environmental Planning January 15, 1980 Planning Board Town of Southold Main Road Southold, N.Y. 11971 Re: Robins Island Dear Board Members: Submitted herewith is a sketch plan for the proposed division of Robins Island and an affidavit describing ownership. Additional prints of the sketch plan may be had by calling my office. Prints for release to the public will be subject to payment of reproduction costs. I will be out of town during the but other than that, I will try to be the Board at your convenience. last week of this month, available to meet with ~ohn J ~Ray~o~ P~.~ ,L.S. · John J. Raynor, P. E. CtVIL ENGINEER P.O. Box 4 Water Mill, N.Y. 11976 726-9576 Reports Office: Mill Pond Lane, Water Mill, N.Y. Design Environmental Planning July 29, 1977 Pl~ingBoard Town of Southold Southold, N,Y. 11971 Re: Robins Island Gentlemen: Delivered herewith are six copies of a two sheet sketch plan of Robins Island. Because of the prominence of the p~operty, a key map did not seem necessary, and one has not been prepared. If this, or any other information is'absolutely needed by the Board prior to the meeting, please free to call me. It is our intention, however, to make a detailed presentation of the plan at your August meeting, and would prefer to attempt response to any questions at that time. Under sepax~te cover the developer will forward to you prior to the meeting the appropriate affidavit relative to ownership and interests. I will await your instructions as to date, time and place for our presentation at your meeting. Very truly yours, CRAMER, VOORHIs & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Mr. Francis J. Murphy, Supervisor Town of Southold Town Hail, 53095 Main Road Southold, New York 11971 Re: GEIS Proposal for Robins Island Town of Southold, New York March 20, 1989 ' LETTER OF TRANSMITTAL ' Dear Frank: As per our discussion of last week, enclosed please find a "draft" of our proposal for preparation of a GEIS on Robins Island. I call it a draft in that our discussions were not extensive as to your goals for the document, however we feel that the outline contained herein should allow the flexibility to address all the issues. If you have any questions as to the content please feel free to give us a call. I personally will be out of the country from March 22nd to April 5th but Chic Voorhis will be available to answer any questions you may have. Furthermore we would be gla~ to sit down and discuss the proposal and the GEIS in greater depth with you and any others at your convenience. Thank you for the opportunity to submit the above referenced. We look forward to hearing from you in the near future. Very t ruL~~ ~.~ :. ~ramer, ASLA Enclosures 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 A Proposal for the Preparation of the Envi~©amentaJ for Robins Island Town of Southold, New York March '1989 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 CRAMER, VOORHIS & AssoCiATES ENVIRONMENTAL AND PLANNING CONSULTANTS Hatch 20~ 1989 Mr. Francis J. Murphy, Supervisor Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: GEIS Proposal for Robins fsland Town of Southold, New York Dear Frank: In accordance with your request during our recent telephone conversation CVA is pleased to submit this proposal for the preparation of the Generic Environmental Impact Statement (GEIS), for the comprehensive and environmental planning of Robins island. We are pleased to be able to submit this proposal and feel the completed GEIS document will be a valuable tool for use in determining the future of Robins Island. Our firm has background and experience in the preparation of EIS's, particularly municipal GEiS's, land use planning and resource protection; which would be put to use in the creation of this document. Please refer to our qualifications statement, which I believe'you have a copy of~ for a summation of our experience. Robins Island is' a unique and valuable resource to the Town of Southold and all of Long Island. The individual resources of the island should be fully understood in order to properly plan and guide the future of the total resource. As you have suggested, the SEQR Act provides the mechanism to conduct such a review in a comprehensive manner, which is beneficial to both the community and the property owner. The GEIS is unique in having the ability to; provide the format to thoroughly investigate the resources, identify natural and cultural impacts that could occur, develop mitigation measures, and to develop and assess alternatives for the island's future. Based upon our research and knowledge of Robins Island, and the SEQR GElS procedures, we have provided a discussion of our proposed approach to the project as well as an outline Page 1 of 13 54 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 ~Ib Proposal March 20, 1989 of the proposed scope of services (attact]ed). Following is a description of the methodology which CVA would employ in the completion of this project. Objectives: Our objective in completing this project is to provide the Town with an environmental inventory of the island which will be used to comprehensively plan ail subsequent development projects which may occur in the future. We shall seek to establish basic criteria for sensitive and proper land use. As there are presently no development applications pending, CVA will develop a conceptual residential subdivision plan, based on the existing zoning. This c?nceptuai sketch will be used within the GEIS to ~assess the present zoning and tl~e potential land use conditions on the island. Through the GEIS, the aim would be to consolidate all available information on Robins Island, and provide the Town with the most accurate, relevant and complete information for policy formation, changes in poiicies, review effort and future decision making. The document will also provide the necessary information for the property owners to plan for the future, by having all the relevant information which will determine nhe use(s on and around the island. The GEiS will also be able to be used as a ")laster Plan" for the island. It will provide guidance as to where, how, and if development can take place on the island, based on scientific facts, natural and cultural resource protection, sound planning practices and legal sufficiency. Due to the generic scope of the study, coupled with the fact that access to the island will not be possible, the document will seek to identify where and what type of detailed information may be needed in the future in conjunction with various types of potential land use options. This will provide the Town with the ability to identify problem proposa[s early in the p]anning stages, and clarify the types of additional information which may be necessary in the beginning of the review process. Additionaliy, this type of process will alert the property owners of potential problem sites and/or concep[s, prior to submission, so that their ultimate development proposals are properiy planned and environmentally sound. With the base information CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 2 of 13 GElS Proposal March 20, 1989 contained within the GEIS, the Town Board as well as the other review agencies, will have a variety of options available for the review process, if and when a development project is submitted. These review options include: Draft EIS, supplemental EiS, Long EAr Part Iii, Negative Declaration, Conditioned Negative Declaration, and/or site specific reports (Groundwater Studies, Cultural Resources Assessments, etc). The objectives will include assessing the total island. The study area will include, in addition to the island itself, various components/features of the waters offshore and the immediate mainland shore kine. The latter will be discussed and assessed with relationship to the island and its future land use potential. Resource Inventories: The GEIS will involve the preparation of a Natural Resource Inventory of the study area in order to locate unique attributes and environmentally sensitive areas. A detailed discussion of soils, topography, gronnd and surface water resources (recharge areas, waLershed areas, water quality/quantity problems, depch to groundwater, etc. ), and terrestrial and aquasic ecology (wetlands mapping, habitat areas, threatened, endangered, and species of special concern, eLc). The text would be accompanied by a graphic analysis; utilizing maps, aerial photographs, overlays and figures, ~s appropriate. A scale of 1 inch equals 200 feet is s~ggested, at this time, for all base map information. It should be noted that because of the inaccessibility of the is]and (ie. private ownership) a good part of the natural resource inventory may rely on archival research, ].6w altitude aerial phono interpretation, existing maps and data, personal interviews and similar sources of information, rather than field ~nspections. Where resource information is lacking or, where it is questionable, it will he noted and identified as information necessary prior to any land use decision, if appropriate. The Cultural Resources would then he inven%oried, in order to form the basis for impact analysis. The Human Resource section would include: a review of relevant land use plans; the access %o the is]and and support facilities in the area, including marinas, docks, etc.; discussion of community services; CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 3 of 13 (]ELS Proposal March 20, 1989 completion of a cultural resources assessment for historic and archaeological sensitivity; and, discussion of the island's visual resources, both from and toward the island. As with the natural resource inventories, portions of the cultural resource inventory for the island may reiy on archival research, iow altitude aeriai photo interpretation, existing/historic maps and data, persona[ interviews and similar sources of information, rather than field inspections. Where resource information is lacking or, where i% is questionable, it will be noted and identified as information necessary prior to any land use decision, if appropriate. Conceptual Plan: The natural and human resources sections wonid constitute the Environmental Setting section o£ tile GElS (see attached outline for a detailed breakdown). As a result of this resource inventory, a great deal of basic information will be available for use in the conceptual planning of development in the area. Accordingly, CVA proposes to devise a composine resource analysis map, taking ~nto consideration the existing resources and identifying problems and opport, un:lt[es. From this composite ~nap a Conceptual Sketch plan will be prepared. It is proposed that this plan reflect a residential subdivision map~ based upon the existing zoning. This map will be the subOect of the Environmental impact Analysis section of the report. Using the Town's 10 acre zoning category, the sketch map will: provide an assessment of the existing zoning; show potential impacts which could feasibly take place; and, provide vaiuab].e information For future decisions. A full description of the Conceptual Sketch pla, as the proposed pro~ject will be provided, as required under ElS procedures. Potential Impacts: The third section oF the report will involve the qualification and quanti[]ca[lon where possible, of the environmental i~apacts of the Conceptual Sketch. Special attention will be given t.o: water supply issues, plans, interconnect~on a,d availability of CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page ,t o£ 13 GEIS Proposal March 20, 1989 transportation and community services, cuiturai resources and other areas which are identified during the analysis. Hitigation Heasures: The section on Hitigation Heasures is important as a basis for documentation of regional and site specific techniques to avoid or minimize the environmental impacts to the island. It is expected that measures including but not limited to; clustering criteria, covenanted buffering, ~vetlands setbacks, preservation of open space, possible project phasing and areas for specific study would be outlined in this secLion. Alternatives: CVA proposes to analyze several alternanives within this section. The first, as required by SEQR, is the "No Action" alternative, it will discuss what will happen to the island if no development takes place, as well as outline what lmpacts would b'e anticipated if the GEiS process were not employed. The clustering of the standard subdivision yield ~vJ Il also be discussed as an alternative, as well as alternate designs and technology. NJth the information obtained in the setting and impact sections, discussed above, alternative density concepts will be developed aad analyzed.' The last alternative proposed is the alternative of public acquisition. Each of the alternatives will be discussed and analysed considering their potential impacts. Furthermore, it will be pointed out, where appropriate, issues that must be resolved and additional information which may be necessary if one of the alternatives are chosen to be pursued, in order to assure proper planning, environmental sensitivity and legal sufficiency. The Document: The document wiJ~ consist of writteY~ r~ext ~nd all necessary charts, tables and graphics. We propose to snbmit fifteen (15) copies of the completed document to the Town. A set of working base maps will also be suppiJed r~o the Town for use Jn reviewing projects Jn conjunction ~ith the GELS. We further propose that one CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 5 of 13 GEiS Proposal March 20, 1989 public hearing be held at the completion of the environmental setting section of the GEiS, this will provide the opportunity to verify and check the accuracy of the data. Periodic meetings will be held with the staff of Planning, or the appropriate representative of the Town, throughout the process. In order to complete the above outlined scope of services, CVA proposes to complete all aspects of the project "in-house", with the exception of the Cultural Resources Assessment, which is proposed to be sub-contracted. The proposed subcontractor is not only an expert in the assessment of cultural resources and land use impacts, but are also well versed in land use and the GEIS procedures. The names of the proposed subcontractors will be submitted to the Town Board for approval; however, CVA proposes to include all subcontractor fees in the overall cost of the project, in order to keep a close working relationship wJnh subcontractors to produce a cohesive overall document. The outlined scope for completion of the above referenced services is based upon our desire to comp]ere a quality environmental planning document which ~il] provide the Town with the g~eatest amount of useful information. The estimated fee reflects this scope of ~,~ork. The upset cost of the project, including all subcontractors, drafting, meetings, graphics and text, is not r~o exceed $22,000.00. This fee also includes adminisLrative support in nhe processing of the GEiS in accordance wi th SEQR notice and filing requi~'ements (Positive l)ec].aration, scoping, circulation, hearings, etc. ), as well as the requisite number of copies necessary for circulation (in addition to the i5 for the Town). Monthly vouchers will be submitted throughout the project period, up to 75% of the project estimate, with the remaining 25,% (or as appropriate) aL the time of the completed document submission. We undersLand that the Town bas limited funds available for this type of comprehensive planning. Accord[ugly, we would be pleased to meet with the members of the Eoal~d at convenient time to discuss the scope of this proposal and explore ways of minimizing costs and/or ~'inancing ~:he document. iqe .are hopeful that the Town will give rayon'able consideration to 'this proposal. 'lie are enthusiastic about the project, and wou.[d intend to begin immediately upon approval. Please review the mat, erial included herein, and do CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 6 of 13 GEIS Proposal March 20, 1989 not hesitate to contact us in order to further discuss any aspect of the proposal. If the proposal is acceptable and provides sufficient information for the Town to prepare the necessary resolutions we would be pleased to enter into contract based upon £inalization of the agreement. Thank you For the opportunity to submit this proposal. Thomas W. Cramer, ASLA enc;outline CRAMER, VOORHIS & ASSOCIATiES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 7 of 13 GEiS Proposal March 20, 1989 GENERIC ENVIRONNENTAL IMPACT STATEMENT PROPOSAL For the Robins Island Southold, New York GEiS OUTLINE II. IIi. Cover Sheet Table of Contents and Summary Description of Proposed Action Project Purpose 1. introduction & Intent 2. Background & History 3. Town objectives, zoning and land use plans {as appropriate) 4. Objectives and need for project (GEiS} Location 1. Geographic boundaries 2. Access {or potential access, as appropriate) 3. Existing Zoning Design and Layout -- As Proposed on Sketch Map (Development at existing l. Estimated site dana a) impervious Surfaces b) Land to be cleared c) Open Space 2. Structures, Proposed Number & Layout 3. Proposed Drainage Systems 4. Sewage Disposal 5. Water' Supply 6. Others as appropriate Conceptual zoning ) Construction and Operation 1. Predicted Timing 2. Suggested Protection Hethods Approvals [. GElS process 2. Generalized review process upon r'omp[etion of GELS, including: t~]arJning Board Subdivision Approvals; Town Board, Yrns~ees, Zoning Board (wetlands, variances, clusner); CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 8 of 13 IV. GEiS Proposal i~arch 20, 1989 NYSDEC Article 24 Permits; SCDHS Disposal and Water Supply; enc Environmental Setting Sanitary Geology t. Surface a) Soil types b) Discussion of sub-soil 2. Topography -- Slope analysis 3. Offshore -- depth, bottom type Water Resources 1. Groundwater a) Direction of Flow -- - Determine localized direction of flow utilizing e×isting literature b) Velocity of Flow -- Determine hydraulic characteris%ics of aquifer from existing literature (i.e. hydraulic conductivity, porosity, velocity) c) Water Quaiity -- Determine ~ater quality for isiand from existing literature. d) Water Quantity -- Determine a~nount of water and availability for island from exis%ing literature. Surface Water a) Water quality -- Determine water quality from existing literature. b) Depth and currents -- Discussion of offshore conditions which could effect access to island, from existing literature. c) Surface conditions -- Determine wave heights, velocity and direction from existing literature and computations d) Freshwater and Tidal wetlands. Terrestrial and Aquatic Ecology i. Vegetation a) Communities -- Species ~Jst -- Community Locations CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONiSULTANTS Page 9 of 13 GEiS Proposal March 20, 1989 b) haracter~sn~cs and ~ua]ity Wildlife a) Habitats -- Species List -- Community Locations b Characteristics and Quality -- Wildlife of special concern c Offshore Note: As island will be inaccessible for direct field observation this section will be completed using aerial photo interpretation, archival research and personal interviews with persons fDmiiiar with the island. Climate i. Wind a. Direction & speed -- Discussion of typical conditions and effects (protection, exposure) 2. Seasonal variations (temperature, etc.) -- Discussion of typical conditions and effeccs (icing, etc.) Transportation 1. Discussion on accessibility of island a) Seasonally b) Depth of water c) Landforms 2. Support facilities a) Existing marinas & docks in area -- Discussion of public and private facilities, including level of service, season of operation, etc. Land Use and Zoning 1. Existing Land Use on island 2. Existing Zoning on island 3. Land Use Plans a) Town Zoning b) NURPS c) 208 Study d) Acquisition programs co,,munity Services 1. Educational 2. Police CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 10 of 13 GEiS Proposal March 20, 1989 3. Fire 4. Health Care 5. Social Services 6. Recreational 7. Utilities Cultural Resources 1. Visual ~esources a) Views/Vistas from mainland b) Views/Vistas from island 2. CuLtural Resource Assessments - island sensitivity will be reviewed and discussed by a qualified archaeologist using existing information and archival search Significant Enuironmentai Impacts This section ~s to include identification of ~%1~ significant environmental impacts which may be expected to occur as a result of this pro3ect. The proposed pro.jec5 will be compared to the environmental setting for an objective assessment of anticipated effects. It is not possible at this time to identii'y, nor to attribute the Inagnir. ude of significance to each impact until fur%be~· investigation :is completed. However, the lead agency should identified certain impacts as potentially large, in their opinion, during the preparation of Part [I of the Environmental Assessment ?opm (EAF), and the t'eview of that document, tVA ~'ili. assist in the preparation of that document The following is a summary of iotenLla±15 large impacts, hut is not considered all inclusive: Physical Change to Project Site 1. Impact on Soils and Topography 2. Lose of Open Space Affect on Ground and Surface Water 1. Adverse Affect Groundwater 2. Siltation or other Discharges which wi]i effect water resources (ie. storm~ater) Threatened o~ Endangered SpecieJ 1. Red[}ction of species found on State or Federal list (if applicable) 2. Loss of Habitat D. Non-i;hreatened or endangered species CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONiSULTANTS Page 11 of 13 GElS Proposal March 20, ]989 VI. 1. interfere with residence or species 2. Loss of Habitat migratory E. Transportation impacts F. Community Services G. Land Use Plans--Compatibility with plans, conformance to codes Cultural 1. Historic 2. Pre-historic 3. Visual Mitigation MeaSures to biinlmize Environ~nenLai Impacts In the event that potential impacts are identified, measures shall be proposed that will mitigate adverse effects (as shown, not considered ali. inclusive). Geology i. Erosion con~:ro[ techniques 2. Minimization of Soil & Vegetation Disturbance 3. Avoidance of Steep Slopes Water Resonrces 1. Location of Sanitary Discharge 2. Landscaping and Landscape ManagemenL Plans 3. Stormwater Controls Terrestrial and Aquatic 1. 2. 3. 4. 5. 6. 7. Ecology Site Clearing Limigation Vegetation Protection Techniques Open Space/Buffer Areas Landscaping Controls Habitat Preservation/Protection Public Access/Restrictive Easements Cultural Resources ]. Provide scope for archaeological eu~'w~y (Stage [B) as [lecessary 2. Visual CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 12 of 13 ,hi~ Proposal March 20, 1989 VIi. Adverse Impacts which Cannot be Avoided VIIi. Alternatives, Conceptual Maps and Discussion A. No action B. Alternative Design C. Alternative Technology D. Change of Density (Rezoning) E. Public Acquisition CRAMER, VOORHIS & ASSOCIATES ENVIRONMENTAL AND PLANNING CONSULTANTS Page 13 of ]3 Mr. Jack Driscoll and Mr. Robert Meyer in regarding the possible development of Robins Island. Mr. Driscoll said they had gone to the Court of Appeals and expect action within the week. They expect to pay off Mackay and have ownership in a month. Driscoll is staying in for manage- ment and sales and expects to pay off Penny and Waimey at a profit to them. Spoke of 14 foot dirt road, no gas driven cars on the island except fire truck, other emergency vehicles. They are negotiating to have the northwest corner go to Nature Conservancy. Mr. Larkin of the DEC has done a study on Robins Island. Bob Holzmacher is their consultant and Mr. Driscoll said Mr. Holzmacher says he can get the DEC to let the town have jurisdiction. They will want to put a small store on the island. These are notes taken at an informal discussion with the two above at which Fred Gordon and Frank Coyle were present along with Henry Raynor. · John J. Raynor, P. E. CIVIL ENGINEER P.O. Box 4 Water Mill, N.Y. 11976 726-9576 Reports Office: Mill Pond Lane, Water Mill, N.Y. Design Environmental Planning July 29, 1977 Planning Board Town of Southold Southold, N.Y. 11971 Re: Robins Island Gentlemen: Delivered herewith are six copies of a two sheet sketch plan of Robins Island. Because of the prominence of the property, a key map did not seem necessary, and one has not been prepared. If this, or any other information is'absolutely needed by the Board prior to the meeting, please f~ee to call me. It is our intention, however, to make a detailed presentation of the plan at your August meeting, and would prefer to attempt response to any questions at that time. Under separate cover the developer will forward to you prior to the meeting the appropriate affidavit relative to ownership and interests. I will await your instructions as to date, time and place for our presentation at your meeting.~ Very t ~r~ly,/~ours, Jj0hn J~j Rayn(~i% P.E. .1' John J. Raynor, P. E. Reports Design Environmental Planning CIVIL ENGINEER P.O. Box 4 Water Mill, N.Y. 11976 726-9576 Office: Mill Pond Lane, Water Mill, N.Y. August 12, 1977 P~ n~ing Board Town of Southold Town Hall ~outhold, N.Y. 11971 Re: Robins Island Gentlemen: Enclosed herewith is an affidavit relative to the identities ofparties in interest to the application for sketch plan approval of a subdivision of Robins Island. This affidavit is submitted in compliance with Section Al06 - 40 B of the Town S~bdivision Regulations. I look forward to meeting with your board in the near future to discuss the plan for this project. Very truly ~yo~rs, LAWRENCE S. INGOGLIA and THO~S SA?,MIELS, being duly sworn depose and say that they are contract vendees of Robins Island and that each one has a 50~ interest in said contract with John W. Mckay. ~UR~NCE S. INGOGL~ , ) ~ ~' Sworn to before me this orgary Public A. MARIE I(RASSEWSKI Notary Pubiic, SLate o~ New York Residing in Suffo;k Co. ",o. 5£-452123~ Commission Expi;cs March 30, 19-/~" day o£ , , 1977. Informal meeting at Planning Board Office - April 3, 1979 Henry E. Raynor, Jr., Vice-Chairman, and Frederick Gordon, member, attended this informal meeting requested by John Raynor, Jr., an engineer for the principles. Also present were William Esseks, Attorney, and A1 Finger and Mr. Greene who are real estate people. They showed a drawing which defined 39 lots with over 50% of the Island held in open space. The prospective purchasers are Lesser and Beneska. Mr. Raynor said they had a letter of intent and would be going into contract. Robins Island file {516} 741- 8850 COUNSEL MEYER SCHEPS October 5, 1977 Hon. John Wickham, Chairman Town Planning Board Southhold, New York Re: Robins Island Dear Sir: In accordance with my promise to you on the evening of September 19th at the hearing on the application of Messrs. Samuels and Ingoglia relative to Robins Island, I enclose herewith a copy of the Order of Mr. Justice Gordon M. Lipetz, Justice of the Supreme Court, Suffolk County. I draw your specific attention to the first and ~cond ordering paragraphs on page 4 (continued on page 5) and the first ordering paragraph on page 5. I trust that the enclosure will aid you in your determination and will bear out the remarks made by me from the floor at the hearing. L~' Very truly yo~rS~ enc. PRESENT AT a Special Term, Part I, of the Supreme Court of the State of New York, held in and for the County of Suffolk, at the Supreme Courthouse therein locat~ on Griffing Avenue, Riverhead, New Yor~ on the /?~day of September, 1977 HON. CORDON M. LIPETZ, Justice. JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON, -against- JOHN W. MACKAY, Plaintiffs, Index No. 77/13051 Defendants. JOHN W. MACKAY, Plaintiff, -against- JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY, HERBERT B. SCHAFFRON, ALAN BENDERSKY, as Escrow Agent, and EDWARD P. SCHROEDER, as Escrow Agent, Defendants. JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B.' SCHAFFRON, Plaintiffs, -against- JOHN W. MACKAY, ORDER '~ConsolSdated ActSon flndex No. 77[3975 A motion having been made by the defendant, JOHN W. MACKAY (in the first and third above-captioned actions) for an order 1) dismissing the complaint in the first above-captioned action bearing Index No. 77-13051; 2) cancelling the notice of pendency of action filed in connec- tion with the said action bearing Index No. 77-13051 'and filed in the Office of the Clerk of the County of Suffolk on July 25, 1977; 3) holding ALBERT R. PINCUS, Esq., in contempt of the orders of this Court relative to the filing of successive notices of pendency of action; 4) assessing punitive and exemplary damages against the said ALBERT R. PINCUS, Esq., and his clients, namely, JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON; 5) enjoining and staying pendente lite JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON, and their attorney, ALBERT R. PINCUS, Esq., from abuse of process of the Court and harrassment of the said JOHN W. MACKAY and from filing any new lis pendens or any new action based upon the same cause of action now pending before this Court in the second and third above-captioned actions, as consolidated; and the plaintiffs in the first and third above-captioned action, namely, JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON having cross-moved this Court for an orde~ disqualifying M~EYER SCHEPS and the law firm of M~ISELMAN, BOLAND, REILLY & PITTONI from acting as attorneys for the said JOHN W. MACKAY -2- and requiring the said JOHN W. MACKAY to obtain a new and different attorney to represent him in the above-captioned action; and the said motion and cross- motion having come on the calendar in Special Term, Part I of this Court, on the 1st day of September, 1977, and having there been referred to the under- signed, a justice of the Supreme Court of the State of New York, and adjourned for argument to the 7th day of September, 1977, and the said JOHN W. MACKAY having appeared by his attorneys, MEISELMAN, BOLAND, REILLY & PITTONI, Esqs., by MEYER SCHEPS, Esq., of counsel, in support of the said motion and in opposi- tion to the said crosS-motion and JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON having appeared by their attorney, ALBERT R. PINCUS, Esq., in support of the said cross-motion and in opposition to the motion made on behalf of the said JOHN W. MACKAY, all as aforesaid, and the Court having heard oral argument, at which time certain portions of the motion made on behalf of JOHN W. MACKAY having been withdrawn by MEYER SCHEPS, Esq., on behalf of the said JOHN W. MACKAY and the said ALBERT R. PINCUS, Esq., having withdrawn his cross-motion on behalf of the said JACK DRISCOLL, GEORGE L PENNY III, STANLEY WAIMEY and HERBERT B. SCMAFFRON; and due deliberation having been had; and the Court having made its oral decision the terms of which are embodied hereinafter; now after hearing MEISELMAN, BOLAND, REILLY & PITTONI, Esqs., by MEYER SCHEP$, Esq., of counsel, in support of the aforesaid motion and in opposition to ~he said cross-motion and ALBERT R. PINCUS, Esq., in support of the said cross-motion and in opposition to the motion made ~n behalf of JOHN W. MACKAY and after having read the order to show cause herein -3- dated August 27, 1977, the affirmation of b~YER SCHEPS, Esq., dated August 19, 1977, and the Exhibits A to H inclusive annexed thereto all read in support of the said motion made on behalf of JOHN W. MACKAY with proof of due service thereof thereto annexed and the notice of cross-motion on behalf of JACK DRISCOI GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON dated August 31, 1977, the affidavit of ALBERT R. PINCUS, Esq., sworn to the 31st day of August, 1977, to which are annexed Exhibits A through H inclusive, all submitted in support of the cross-mot~on made on behalf of the said JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON and in opposition to the motion of the said JOHN W. MACKAY; it is ORDERED that the complaint of "JACK DRISCOLL, GEORGE L. PENNY Iii STANLEY WAIM~Y and HERBERT B. SCHAFFRON, Plaintiffs, against JOHN W. MACKAY, Defendant" in the first above-captioned action bearing Index No. 77-13051, be ~nd the same hereby is dismissed for the reason that it has been brought for the same relief and between the same parties in the third above-captioned action now pending in this Court and at issue; and it is hereby further ORDERED that the notice of pendency of action filed by the said JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRO} in connection with the first above-captioned action and filed in the Office of the Clerk of the County of Suffolk on July 25, 1977, and indexed to the name of the said JOHN W. MACKAY and recorded in Liber 212 of Notices of Pendenc~ 'of Action at page 174 be and the same hereby is cancelled and the Clerk of the County of Suffolk, upon presentation to him of a copy of this order is hereby -4- to effect such cancellation by making a note thereof on the index or indices relating to the said notice wherever the same appears on any book, record or index in his office)Aan~ it is hereby further ORDERED that the said JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON and their attorney, ALBERT R. PINCUS, Esq., or his successors be and they are hereby enjoined and stayed pendente lite from filing any new notice of pendency of action or any new action based upon the same cause of action now pending before this Court and filed with the Clerk of the County of Suffolk under Index No. 77-3975 (consolidated action) wherein the said JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and !HERBERT B. SCHAFFRON are plaintiffs and the said JOHlq W. MACKAY is the defendan and it is hereby further. ORDERED that the third and fourth grounds for the said motion made on behalf of JOHN W. MACKAY be deemed withdrawn, the fifth ground of said motion be deemed granted only to the extent as hereinabove set forth; and it is hereby further ORDERED that the cross-motion made on behalf of the said JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY and HERBERT B. SCHAFFRON be and the same hereby is denied, with prejudice. ~ :'$-"%!7 7,- E N T E R : FILMD ,, GORDON M. LIPF. TZ J .S .C. -5- The undersigned, an attorney admitted to practice in the courts of New York State, [] ce,tlntatloa certifies that the within ~ afi.~ttorno' has been compared by the undersigned with the original and found to be a true and complete copy. ~ [] att*r,ey'~ shows: deponent is -~ &~rmation the attorney(s) of record for '~ in the within action; deponent has read the foregoing and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. This verification is made by deponent and not by The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: The undersigned affirms that the foregoing statements are true, under .the penalties of perjury. Dated: STATE OF NEW YORK, COUNTY OF ~ [] Individual Verification Verification The grounds of The name signed must be printed beneath being duly sworn, deposes and says: deponent is the in the within action; deponent has read the foregoing and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true. the of a corporation, in the within action; deponent has read the foregoing and knows the contents thereof; and the same i ' s true to deponent s own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because is a corporation and deponent is an officer thereof. deponent's belief as to all matters not stated upon deponent's knowledge are as follows: Sworn to before me on 19 The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF · Suw, zi . ,s overlCl~d~ears o~"age ~n~sddes at ~ [] of Perso.a, Sworn to before NASSAU being duly sworn, deposes and says: deponent is not a party to the action, New Hyde Park, N.Y .... Onsept. 23, 19~7 ~t~bnent served tne wimin Order with Notice of Entry upon %1~ert R. Pincus, attorney (~ tor plaintiffs in this action, at ........ the ad~rge~s0des~e~%~d T~oo~(s) for that purpose by ~e~ttl[hl}Oa~ c~y'Yo! same enclosed in a post-paid properly addressed wrapper, in -- a hOSt office -- official depository under the exclusive care and custody of the United States Postal Service within t:~'~,-~cgol~l~lew York. On 19 at deponent served the within upon the herein, by delivering a true copy thereof to h personally. Deponent knew the person so served to be the person mentioned and described in said papers as the therein. me on Sept. 23, 1977 ................. 'i~ 'ii ~,ii'i;*;;'i;'t'/d'i;~;~'t'i ................. ~-' O~^'~E L. ~M~H Kay Suwcz~nsky :NOTARY POatrc. State of New York ( No. 30-4623613 ~ I~ual~t~ed in 'Nassau CounFf .~'/ · Term Expires March 39, 17,..~.~ SUPRES~ COURT : SUFFOLK COUNTY .... .JACK DRISCOLL, GE~E L. HERBERT B. SOHAFFRON, -against- JOHNW. }~CKAY, PENNY III, STANLEY ~.M~Y and Plaintiffs, Defendant. JOHN W. MACKAY, Plaintiff, -against- JACK DRISCOLL, GEORGE L. PENNY III, STANLEY WAIMEY, HERBERT B. SCHAFFRON, ALAN BENDERSKY, as Escrow Agent, and EDWARD P. SCHROEDER, JACK DRZSCOLL, et al., Plaintiffs -against JO~{ W. MACKAY,Defendant. ORDER MEISELMAN, BOLAND, REILLY & PITTONI at'~SY~De~ndant in first and third above-captioned actic ollic, a,~ Pos, olfic, ad~ress, T,~h~Plaintiff in second above-captior 54 W~]~ Avenue actions MINEOLA, NEW YORK 11501 (516) 248-2400 (516) 741.8850 To ALBERT R. PINCUS, Esq. aam~,) lot Driscoll, et al. Service of a copy of the witb!~ Dated, is hereby admitted. Attorney(s) tot S~.-- Please take notice that the wirhl, is a (certiiied) true copy of ~1 n~- duly entered in the office of the clerk of the w~l~n~amed court on that an order settlement to the HON. of the within nsmt~d col~ at on 19 at Dsteds Mineola, N.Y. Sept~-ab~r 23, 1977 To September 21, 1977 of which thc within is a true copy will be presented for one of the judges Vours~ etc. MEISELMAN, BOLAND, REILLY & PITTONI Attorneys 54 Will~ Avenue MINEOLA, NEW YORK 11501 )~ovember 18, 1977 Mr. John Wickham, Chairman Planning Board, Town of Southold Suffolk County Southold, New York 11971 Dear John: I have just returned from a short vacation to see your letter of November 10th. Unfortunately the Ingoglia-Sar~uels deal is finished, and I cannot really blame them for not going on any further. As you know, there were 3 Liz Pendens that had to be removed, and this and other local matters caused further delay. I am glad to know that your Planning Board looks very favorably upon their proposal. In the event some future buyer comes up with the same sort of plan~ I ~ sure this would help your Planning Board expedite the matter. J?g.'~: mfs Cordially, Novem0er 19, 1974 Mr. Jotm W. Mackay 42 Third Avenue Mineola, New York ll501 Dear Hm. Mackay: After our phone conservation of the 15th I ~nt to the assessors' office and received the following informa- tion. The tax rate in New Suffolk School District is 12.$72. Yours is 11.927 because you are not charged with either Mosquito or Light Districts. This is the 1974-75 rate; your last year's rate was ll.141. This will result in about a $2,000 increase in your total t~xes this year. I don't know where you got your information about the size of tax increases but the Cotuuty (and State) rate is 1.723. According to my figumes, this is about 14}% of your total 'taxes. Even if '~o Co~ty and State tax were to ~e doubled next year (1975-76) it would only add l~ to your tax bill and this is most unlikely. I am sure you recognize that the assessment base is very important and that remains unchanged. Also, I have spoken to the assessors about a possible reduction in your highway tax. I am hopeful that this can be reduced some- what which I believe should be done in all fairness. I am at long last sending ~dqe zoning booklets that you expressed interest in and would be glad to discuss Robins Island with you at your convenience. I am sure I recognize at least some of your problems since I am currently engaged in divesting my personal estate of some valuable property. I expect, however, to be tied up until December 9. My best regards to your wife. Very sincerely, JW/mb EnOiosUr s2 John Wickham, Chairman Southold Town Planning Board COUNTY OF NASSAU DEPARTMENT OF rECREATiON & PARKS NASSAU COUNTY MUSEUM GARVIES POINT BRANCH BARRY DRIVE GLEN COVE, NEW YORK 11542 December g, 1975 Messrs. Stanley J. Waimey and Jack E. Driscoll 4 Sails Realty, Inc. Middle Road Mattituck, New York 11952 Dear Messrs. Waimey and Driscoll: I read with some concern the fact that Robins Island was being sold for development (Newsday, 10/10/75, page 6; 12/2/75, page 21). I have performed a preliminary archaeological survey of prehistoric Indian sites on Robins Island and 1 am concerned that the archaeological resources on the island might be destroyed before they can be properly investigated. The research report on the initial archaeological survey is currently being prepared for publication. The site plan for the proposed development as printed in Suffolk Life Newspapers (Week o~ November 23) would definitely threaten a number of Indian archaeological sites. It is hoped that permission to conduct further archaeological investigations could be grante{ at the earliest possible date in order to salvage as much data as possible. The Newsday article of 10/10/75 mentioned that building on Robins Island would not start for approximately 2-1/2 years. As the newspaper articles express your concern ~ith the protection of environmental resources, ! would appreciate it if we might discuss this matter more fully at your earliest convenience. Thank you for your interest in this matter. Respectfully yours, Daniel H. Kaplan Assistant Curator Anthropology (archaeology) Garvies Point Museum John W. Mackay Southold Town Planning Board Januaz~? 24, 1977 Mr. Jo~n Downey P. O. Box 607 Point Lookout, New York 11569 Dear Mr. Downey: I am writing in re~ly to your letter to the To'¢~ Historian regarding Robins Island. In November of 1975, Mr. Jack Driscoll ~ld ~.~. St~u~ley Waimey appeared before the Planning Board to discuss the development of Robins Island. There was no official presentation nor any action taken. There were plans at that tine thaZ ~llese two people and a third that wasn't identified would purchase the island. There has been no transfer of this property as of ~his data. Therefore, the information you requested is non-existant. If this ever gets to the ~oint of development, the public hearings will be advertised in $oth local papers, The Suffolk Times and the Long Island Traveler-Watchman. Yours trx~ly, Muriel Brush, Secretary Southold Town Plar~uing Board OE NATURE CONSERV/~Cy BOX 72 COLD SPRING HARBOR, N,Y, 11724 {5~6) 367 3225 August 23, 1976 Mr. 3ohn Wickham Southold Planning Bo.~rd Main Road Southold, New York Re: Robins Island Dear Mr. Wickham: We have heard from Paul Stoutenbourgh that he has had a chance to meet with you to discuss our concern for Robins Island on a preliminary basis. News has come to us that the contact between Mr. Driscol and Mr. Mackay is to be finalized sometime in September. Because of this, I feel it is necessary for us to meet with you and get your advice as to how to go about best preserving the key ecological areas on Robins Island. The two dates that are most convenient for us are ThurSday or Friday, September 2 or 3. We would prefer a morning meeting if that is at all possible but realize your rather difficult schedule at this time of the year; and, therefore, are quite willing to meet at.your convenience. Please let us know as soon as possible whether or not meeting on either of the two days we suggested is possible. JNP:kev Sincerely, J~e N. Page Chairman / October 20, 1975 Mr. Jack Driscoll Four Sails Realty, Inc. Middle Road Mattituck, New York 11952 Dear Jack: In connection with our discussion about Robins Island~ last week, I have found an opportunity to talk with one of the conservation organizations about the possibility of their being interested in an arrangement similar to that on Shelter Island or in some other arrangement whereby they might acquire some of Robins Island on an outright purchase basis. In view of the fact that I have no personal interest other than the interest of the people of the Town of Southold, I am going a little further in this matter and am attempting to get some sort of a proposition from these people in one way or another ~nd %~en I know clearly what possibilities they have to offer, I will bring them to your attention. In al! events, I will be in touch with you egain within eight or ten days. Very sincerely, JW/mb John Wickham HENRY E. RAYNOR. Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. Southold. N.Y. 11971 March 3, 1980 TELEPHONE 765- 1938 Mr. Frank McBride Cutchogue Fire Commissioners New Suffolk Avenue Cutchogue, New York 11935 Dear Mr. McBride: We would be interested in knowing if you prefer to have Robins Island come under the Cutchogue Fire District or have it remain under the state warden system. We would appreciate any pertinent information as to what your group would feel is adequate equipment for fire protection on the island for twenty-eight homes. We would like a meeting with you to discuss the~matter with members of the Planning Board at your convenience. Yours truly, HER/mt HENRY E. RA~OR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD SOUTHAMPTON. NEW YORK 1 968/516 283 4000 %":-~ ///iJA CENTER OF (}~'},~ J///~ t ' . LONG ISLAND UNIVERSITY DIVISION OF NATURAL SCIENCES d % ~-c/d j CUTGHOGUE FIRE DISTRICT Cutchogue, N. Y. 11935 March 13, 1980 ~r. Henry E. Raynor, Chairman Southold Town Planning Board Southold, N.Y. Dear Mr. Raynor: The Cutchogue Fire District has recieved your letter concerning Robins Island. We would be interested in pro- viding fire protection to the homes on Robins Island, provided some mutual agreement cuuld be reached between both parties. The Board would like to have representa~ves of the developers, Blanning Board at a meeting with the and also with the some time agreeable to everyone. Very truly yours, Board of Fire Cormu's. Cutchogue Fire Dist. ROBINS ISLAND FIELD TRIP Conservation Advisory Council July 22, 1980 As the Southold Town Conservation Advisory Council, we are supposed to represent the public and, therefore, take an unbiased view of each project assigned to us. As one of our assignments, we were asked to visit Robins Island and report facts as we saw them. We feel that these facts do not support some of the statements being made about the island. The island is not in a 'pristine' natural state. Some natural condition is killing the cedar trees. There must be at least a thousand dead trees. The only healthy cedar trees were on the mowed lawn around one of the existing houses. There does not seem to be any small game such as rabbits, pheasant, racoons, squirrels, etc. In fact, we saw very few songbirds. There are many ponds and some fine wetlands with evidence that migratory water fowl are here in considerable numbers. The only upland wildlife in evidence is a herd of deer. There is every indication that there are too many deer for the land available. They seem to be eating all the vegetation. Even ordinary briars are eaten down to within a few inches of the ground. We would recommend that from a 'kindness to animals' viewpoint, at least two-thirds of this deer herd be removed from the island. In summary, it is our opinion that this island is not a natural wildlife sanctuary since many trees are dead and the does not seem to support upland animals and birds. island We feel that these facts should be considered by those who are proposing to keep it in its present natural state. PLANNING BOARD OF THE TOWN OF SOUTHOLD In the Matter of the Application of SOUTHOLD DEVELOPMENT CORPORATION RE: ROBINS ISLAND AFFIDAVIT STATE OF NEW YORK) ss.; COUNTY OF SUFFOLK) WILLIAM W. ESSEKS, being duly sworn, deposes and says: 1. I am one of the attorneys for Southold Development Corporation, the sole fee owner of Robins Island, which is the subject of this instant subdivision application. 2. Based upon my conversations with the president of the corporation and with the principal shareholder, the sole owner of Robins Island is Southold Development Corporation, and none of its shareholders, directors or corporate officers are in any way associated with the Town of Southold. Sworn to before me this 15th day of January 1980. Notmry Public MARY F, HALL No. 52-4637192 Commis~io. ~xpi~es March 30, 19_~' WILLIAM W. ESSEKS HENRY E. RAYNOR. Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. P~N INC.~BOA'RD TOV&N OF'i SOUTIt_O~LD 8outhold, N.Y. 11071 April 13, 1981 TELEPHONE 765- 1938 The contains 25 pages Clerk. To Whom It May Concern: charge for a copy of the map of Robins Island which 28 lots is 25¢ a page. It will be necessary to use for a total of $6.25 payable in advance to the Town Yours truly, Muriel Tolman, Secretary SUPERVISOR OFFIOE 'OF MAIN ROAD sOUTNOLD, L.l., N.Y. 11971 SOR TELEP~ON (516) 7£ 5-193~ Janu~y 9, 1981 Henry RaynOr Planning Board Southold Town l{all So~lthold, ~Y Dear ,Mr. RaynOr: At our regular Robins Island meeting on Thursday~ j~nuary 8th, development study was discussed. The aommittee has requested information from the planning Board as %o what the minimum requirements would be~ according to law~ in the development of the Island. The committee would like to schedule a meeting with the Planning Board regarding the development of Robins Island as soon as possible. Please notLfY my office when this meeting can be_ arranged- Thank you for your cooperation in this m~tter. Sincerely yours~ %/RP:jm william Il. Pell III Supervisor Southold Town WILLIAM R. PELL ~11 SUPERVISOR OFFIOE TOWN DLD MAIN ROAD $OUTHOLD, L.I., N.Y. 11971 Ja~uazy 9~ 1981 ,~r. ]{er[ry Raynor Planning Board Southold To~n ]{all Southold, h~f Dear ,~. Raynor: At our regular Robins Island meeting on Thursday, January 8th, development study was discussed. The eommittee has requested information from the Planning Board as to what the minimum requirements would be~ according to law~ in the development of the Island. The committee would like to schedule a meeting with the Plannino Board regarding the development of Robins Island as soon as possible. Please notify my office when this meeting can be_ arranged. Thank you for your cooperation in this matter. Sincerely yours~ TELEPi WRP: jm William R. Pell III Supervisor Southold Town TOOKER, ESSEK$, HEFTER, CUDDY & ~:~ Angel COUNSeLOPS AT LAW RIVErHEAD N.Y. 11901 April 1, 1980 Mr. Robert Tuthill New Suffolk, N. Y. 11956 .Re.: Robins Island Dear Mr. Tuthill: This will confirm a telephone conversation between yourself and my secretary wherein we advised you that the Planning Board of the Town of Southold will visit Robins Island on April 10, 1980 at approximately 1:30 p.m. We understand that they will provide their own transportation. Very truly yours, CC.: Planning Board Town of Southold Southold, N. Y. 11971 William W. Esseks HENRY E. RAYNOR, Jt..C~airm~n FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. ~. GEORGE RITC~E LATHAM. JL D Southold. N.Y. 11971 March 3, 1980 TELEPHONE 765- 1938 Mr. Andrew Goodale, President 'New Suffolk School Board New Suffolk School District #15 Fifth Street New Suffolk, New York 11956 Dear Mr. Goodale: We have started on a proposed development of Robins Island. As this may have ramifications for the New Suffolk School District, we would appreciate any imput you may have. I am enclosing copy of the minutes of the meeting at which this matter was discussed. Yours truly, HER/mt Enclosure HENRy E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR. Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 March 3, 1980 TELEPHONE 765- 1938 Chief Carl Cataldo Southold Town Police Department Main Road Peconic, New York 11958 Dear Chief Cataldo: We are in the process of reviewing plans for the subdivision of Robins Island. The proposal calls for twenty- eight homes on the island. May we have any information you could offer with regard to police protection. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD HER/mt HENRY E. RAYNOR, Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, GEORGE RITGHIE LATHAM, Southold, N.Y. 11971 March 6, 1980 TELEPHONE 765- 1938 Mr. John J. P. O. Box 4 Water Mill, Raynor, P.E. New York 11976 Dear Fir. Raynor: Enclosed please find copy of the minutes of 'the meeting of February 25, 1980 as they pertain to the Robins Island matter. ~[ am also enclosing the letter from the Suffolk County Archaeological Association as per your request. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enclosures By Muriel Tolman, Secretary SUFFOLK COUNTY ARCHAEOLOGICAL ASSOCIATION P.O. Drawer AR, Stony Brook, New York 11790 August 8, 1980 Mr. Michael E. Ach The Save Robins Island Committee I}O0 Reydon Dr. Southoid, N.Y. li97i Dear Mr. Ach, Based on the preliminary archaeological survey conducted by staff members of Garvies Pt. Museum and the unpubiished survey report (Kapian 1969), S.C.A.A. has categorized Robins Isiand as one of the few, reiatively pristine areas of aboriginal habitation of Long IsIand. The island aIeo contains important his- torical archaeological evidence of a brick works. S.C.A.A., an organization concerned with the preservation of our ever- diminishing cuitural resources, has witnessed the destruction of such sites by amateur coiieetors and construction activities. However, preservation has been achieved in the past by incorporation of threatened areas into pubiic lands. If this ia not possible, a professional assessment of the proposed construction area, prior to development, is required under the N.Y. State Environmental Quaiity Review Act. If aboriginal and/or hietoricai archaeologicaI sites are determined to be endangered by development, mitigation could resuit in the reorientation of proposed structures, during the pianning stage, to ensure pres- ervation. We have enclosed a copy of "Robins Island - A Preliminary Archaeological Survey". However, in order to preserve the integrity of the archaeoIogicaI sites designated within, specific site iocations have been deieted from the text at this time. Pieaee feel free to contact us if any questions arise per- taining to the cuitural resources of Robins Isiand. Sincerely, j Des Truex, ~esidgnt / cc: l/Henry £. Raynor 3r., Chairman, Southold Town Planning Board William R. Poll III, Southold Town Supervisor Philip Lord 3r., Senior Scientist (Archaeology) of Office of the State Archaeologist David Newton, Suffolk Co. Council on Environmental Quality Hagdeline Goodrich, Southold Town Historian D~ight Holbrook TOOKER, ESSeKS, HEFTER, CUDDY & ANgel COUNSELORS AT LAW RIVERHEAD, N.Y. ]1901 September 19, 1980 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Robins Island Gentlemen: Mr. John J. Raynor and I have not contacted you in the recent past about the development of Robins Island; however, based upon inquiries from the New York State DEC, I contacted our client in writing. The client advised as follows: "Any development [of the island] will be limited to the proposed subdivision of twenty-eight lots." However, I am also advised by the client that there will be no application to implement the subdivision in the very near future. Very truly yours, William W. Esseks WWE :mb cc: John J. Raynor, P.E. April 22, 1980 Southold Town Board Town Hall Southold, New York 11971 Gentlemen: The Southold Town Conservation Advisory Council has made an inspection of Robins Island on April 8, 1980. This advisory group unanimously decided that there is nothing in the present plan dated January 15, 1980, that will be detrimental to the wetlands, freshwater or salt- water. Yours truly, FC/mt Frank Cichanowicz III Chairman Suffolk SchoOol Suffolk Common School District Town of Southold CORNER OF 5th & KING STREETS NEW SUFFOLK. N Y 11956 TEUEPHONE; (5161 734-6940 MAILING ADDRESS: P.O. BOX 111 Marc~ 13, 1980 Mr. Henry E. Raynor, Chairman Southotd Town Planning Board Southold, New York 11971 Re: Robins Island (Southold Development Corp.) Dear Mr. P~ynor: The School Board Trustees acknowledge your letter of March 3, 1980 requesting input information on the referenced proposed development. We answer that our school budget needs for 1979-80 requires $162,258. in tax moneys. Robins Island properties contribute about $39,800.1ess amounts to the County and Town. The remainder of some $130,000. is raised from local levy. There are about 30 pupils at Southold High School and 32 grade K-6 in attendance at our 3 room school with 2 teachers and an Aide. We are satisfied with what we have and at this time see no appreciable benefit or substantial reduction in coats by consolidation with another school district. We support the continuance of our present revenues in the budget and oppose all efforts to reduce or eliminate same by removing Robins Island from the tax rolls in our district. Any diminution would inflict an unconscionable burder on our senior, elderly and working class citizens. There is no opportunity for business or industrial enterprise, except in limited areas. Future population growth is limited by the physical size of the hamlet. We further believe that the development of the island will provide job offers to the area. However we suggest covenants against further subdivision, consistent with resources, with the developer, purchasers and school board running to the favor of the Town of Southold. On the information available, a situation now exists in the Towns of Riverhead, Southampton and Brookhaven whereby the New York State acquisition of the former R.C.A. properties has resulted in the applic- ation of Section 545 of the Real Property Tax Law. Riverhead will get a reduced revenue for a short time and then nothing. If this were to happen to New Suffolk, it would be disastrous. For more information, we would refer you to the Suffolk County Tax Service at Riverhead. We also believe that life for all taxpayers and citizens would be much simpler if our government would stop the bountiful planning of tax dollars that create inflationary pressures to grow bigger and spend more. As you know, planning involves the concept of the responsible public participating in the decision. Akin to this and for several hundred years under the common law, our society evolved equitable adjustments as a system of checks and balances. CORNER OF 5th & KING STREETS NEW SUFFOLK, N Y f1956 TELEPHONE; (5161 734-6940 NSew Suffolk School Suffolk Common School Town of Southold District MAILING ADDRESS: P.O. BOX 111 Henry E. Raynor, continued. It now appears we have a government of enacted laws, statutes and rules that in some cases apply political principles to social and economic problems by virtue of authority delegated to men, not elected, but appointed to head every conceivable department, branch and post of our government. Big Brother will plan and organize every facet of the lives of individuals who will not do it for themselves. The payment of thes'e alleged advantages in our opinion, means higher taxes and mortgaging the future. There is a time when the checkbook must be in balance. Since you and your Board will have many issues arise in the proposed development of Robins Island, we as School Board Trustees are ready to provide any possible assistance. In the event that a public hearing is scheduled, please notify us to inform our residents and taxpayers, on the items set forth in your February 25, 1980 minutes, for any additional input. It is our intention to mail copies of this letter as indicated. Very truly yours, CC: Governor Hugh L. Carey Attorney General Robert Abrams Rep. William Carney State Senator Kenneth LaValle State Rep. John L. Behan County Executive Peter F. Cohalan Legislator @regory Blass Southold Town Board William W. ~sseks, Esq. New Suffolk School Trustees ~~ ~-~-f~ rman Andrew E. Goodale ¢~, ~,~L/~ Trustee ~ohn Case /~/~-- Trustee Mel ~ar~sic COUNTY OF SUFFOLK DEPARTMENT Of HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. March lb, 1981 M.J. Paul P.O. Box 734 West Cove Road Cutchogue, New York 11935 Dear Ms. Paul: RE: Robins Island As discussed, I am enclosing a copy of our realty and development standards. In considering the'need for a conventional sewage treatment plant, this Department primarily relys upon a density concept. Under normal conditions an area utilizing private wells and in- dividual septic systems is required to. have a minimum of one dwelling unit per 4U,O00 square feet of parcel area. On Robins Island th'is consideration is further complicated by the questionable water supply. It would seem to me that a project of this nature would first be required to prepare an Impact Statement. Town of Southold most likely would assume lead agency status if the project was determined to be significant. Upon receipt of a realty ~ubdivision application this Department would routinely require test holes to determine the soil conditions and a study of the water supply situation. This would,of ~u o,,su~p,:ment the Impact Statement if it is required. ~ ..... ~ RRR:ljr enclosure cc; Town of Southold Planning Board Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering ServiCes POLICE DEPARTMENT, TOWN OF SOUTHOLD PECONIC, NEW YORK, 11958 13 March 1980 Henry E. Raynor, Jr., Chairman Southold Town Planning Board Town Hall Main Road, Southold, N.Y.11971 Re: Robins Island; your letter of 3 Mar 80 Dear Mr. Raynor: Robins Island subdivision for residential purposes would pose some problems for the police department in that we would be unable to provide normal services or immediate response to emergencies. A basic breakdown of anticipated operational guidelines would be as follows: 2. 3. 4. 6 No routine patrol would be availabl, e. Normally we would respond for investigations (such as burglaries) within a reasonable non-emergency time frame. Emergency calls would be limited in response time to the availability of water transportation. During the months that the Bay Constable is on patrol, he could visit the islandi when necessary and provide some degree of perimeter water patrol during his routine patrols of the area. It can be anticipated that the primary problem on the island will be trespass. This would best be handled by a guard or security person employed by the property owners. In this way, the security personnel could make a citizen's arrest of a trespasser and hold the trespasser until the police arrived to take custody. The security personnel would also be the complaining witness on behalf of the residents and provide the testimony at a subsequent trial. It is also likely that the residents will have to provide themselves with some form of water transportation; this transportation should be made available for the carrying of any officers required to go to the island when we do not have a pol}ee boat immediately available. me. eas~ feel free to call upon If you require any additional information, ~ CC/jck (~rl ,~ of Pollce THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 13, 1981: WHEREAS, on September 23, 1980 the Southold Town Board passed a resolution creating the Robins Island Citizens Advisory Committee, and WHEREAS, the Town Board desires that be made between all the alternatives Island, and a fully informed choice for the future or Robins ~I{EREAS, the CommiSsioner of the New York State Department of Environmental Conservation in a letter dated April 21, 1980 indicated that limited development was a concept worthy of consideration as an alternative for preservation considering the fiscal restraints that government and the taxpayers are under, and WHEREAS, the Town Board's intent on September 23, 1980 was to have the Robins Island Advisory Committee study all the alternatives of preservation, including limited development, and WHEREAS, the Town Board wishes to clarify the Robins Island Advisory Committee Resolution of September 23, 1980 and reaffirm its original intent, now, therefore, be it RESOLVED that the Town Board hereby directs the Robins Island Advisory Committee to include in their deliberations and final report the study of limited development as proposed by the present owners as a means of preservation, and be it further RESOLVED that when the Robins Island Advisory Committee makes its final report to the Town Board the following information shall be included but not limited to: 1. Road ownership and maintenance. ~i~,,~,~_ 2. Fire Protection. 3. New Suffolk School District positive and negative impact of a limited development. 4. An analysis of tax revenu-s that will accrue to the Town. 5. An analysis of the cost of services that the Town must provide. 6. A complete description of the present proposal for limited development. A study of the legal aspects of a change of zone for Robins Island for the purpose of providing limited development. An analysis of Fishers Island relative to assessments and taxes accruing to the Town vis-a-vis the cost of services to the Town - correlating this information to the limited development of Robins Island. 9. An analysis of the financial impact on the private sector during the initial stages of development and the long term. And be it further RESOLVED that the original resolution September 23, 1980 be and the same hereby is amended as before set forth. adopted on herein Box 649 New Suffolk, NY 11956 April 18, 1980 The Suffolk Times Main Street Greenport, NY 11944 Dear Editor: I was appalled at your article which portrayed Andrew Goodale and the members of thD New Suffolk School Board as petty befuddled guardians of $3.70 of the homeowners' tax money. We in New Suffolk elected them as trustees of a way of life which fosters individual responsibility, which way of life begins for us residents in the New Suffolk School. It is this sense of personal responsibility that makes the East End the pleasant place we know, rather than density of dwelling units or head count of resident wildlife. We have become so polarized on the Robins Island issue that many of us cannot see!that public acquisition will not result in preservation of Robin's Island. ~ The Plan presented by Mr. Pell advises us to expect 100 tourists a day visiting the island, leaving the remains of their picnic behind, perhaps sharing their Twinkees and artificially colored and flavored soft drinks with the deer. Maybe those explorers who strike out off the beaten paths will discover the bodies of animals who shared amphetamines and hallucinogens brought by other "day-trippers". On Angel Island, off San Francisco, (part of the Golden Gate National Seashore) such drugged animals were found many times. It can happen here if we allow public acquisition. The developers' plan allows half of the island to remain un- developed, under the Concerned custody of private owners. While I don't believe our local planning board would permit helicopter traffic tolthe island, can any one assure me that control of air traffic is under their sole jurisdiction? Can we rugged individuals of the East End unite and demand a better alternative for ourselves? Is there a preservation-oriented attorney among you readers who will draw up articles of incorporation for a non-profit corporation that will purchase and truly preserve Robin's Island under corporate ownership? Will this newspaper accept donations on behalf of such a corporation? Is there a better alternative? Unless we can create a choice which adequately reflects our goals, we will have tO choose the lesser of two evils. Sincerely, Andrea Rive AR/sek Andrew Goodale Henry Raynor ~ William Pell Peter F. Cohalan HENRY E. RAYNOR, Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. T( D S ~Y Southold, N.Y. 11971 November 29, 1979 TELEPHONE 765-1938 Ms. Ellice B. Gonzalez, Ph.D. Corresponding Secretary Suffolk Co. Archaeological Assn. P. O. Drawer AR Stony Brook, New York 11790 Re: Robins Island Dear Ms. Gonzalez: We are in receipt of your letter regarding the above-captioned matter. I am sure you are aware that this island is privately owned and as such permission would be necessary for any kind of survey. We would be interested to know if you have available to your organization the funds and professional people for such a survey. Yours truly, SOUTHOLD TOWN PLANNING B0~ HER/mt SUFFOLK COUNTY ARCHAEOLOGICAL ASSOCIATION P.O. Drawer AR, Stony Brook, New York 11790 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold, New York November 14, 1979 Dear Mr. Raynor: Plans to develop Robbins Island should consider in addition to environmental factors,the disturbance of achaeological remains. The environment of Robbins Island made a prime spot for pre-historic habitation and the adjacent m~inland area we already know to be the location of many archaeological sites. Much of the cultural record of Suffolk County and Southold Town has already been lost to development. Once an area is developed and disturbed, valuable information about Long Island's cultural heritage is irrevocably destroyed. Thus, before any development of the area occurs, SCAA strongly recommends that a professional archaeological survey be made. Sincerely yours, Ellice B. Gonzalez, Ph.D. Corresponding Secretary cc: Daniel Larkin, Department of Environmental Conservation Philip Lord, Sr. Scientist, Office of the State Archaeologist Madeline Goodrich, Southold Town Historian Dave Newton, Suffolk County Council on Environmental Quality ~Tovember 10, 1977 .Ur. Jobm Mackay 42 Third Avenue '~[~ ~ ~!jOl .... ~eola, -",['~w York ~ = Dear ~. Mackay: I tried to contact you on Thursday in regard to Robins island but found you were out of town. Some time ago, i talked with Tom Samuels about the situation and all of us are concerned that 'the plans for Robins Island are h~ug up. The problem, as i see it, is that our to~ attorney does not want us to entertain an application for a subdivision map on the basis of only option owners. We have verbally expressed ot~ approval and interest the sketch submitted by Samuels and company but feel we can't move forward on the basis of what we have in the file. I understand that because of tax reasons you are reluctant 'to a direct Dart in this application and, in thinking of some way out of the present dilemma, it ~seems that we might pursue the following course. If you were to send us a letter of intent or a letter of concurrence, then, at our next meeting on November 21st, we could, I believe, act on approval of the sketch plan and probably make it conditional on the signing of a contract in a reasonable time, ~ay two months. I haven,'~ + ' .&l~ed .~J.~. Tom Samuels about this possibility and I am sure you will want to discuss it with your attorney but it appears to me that Something must be done to get this off dead center and, quite frankly, the Planning Board looks ver~ favorably upon this proposal and would be entirely willing, I believe, to give some sot% of conditional approval. We will, however, need some indication from you of your willingness, as owner, to in some measure support the op~ionholders. Very sincerely, JW/ ~ John Wickham, Chairmen ~, mb i~ " ~ ~ REPORT OF JOHN B. TUTHILL ROBINS ISLAND FIELD TRIP As the Southold Town Conservation Advisory Council, we are supposed to represent the public and, therefore, take an unbiased view of each project assigned to us. As one of our assignments, we were asked to visit Robins Island and report facts as we saw them. We feel that these facts do not support some of the statements being made about the island. The island is not in a "pristine" natural state. Some natural condition is killing the cedar treese. There must be at least a thousand dead trees. The only healthy cedar trees were on the mowed lawn around one of the existing houses. There does not seem to be any small game such as rabbits, pheasant, racoons, squirrels, etc. In fact, we saw very few ~ong- birds. There are many.~ponds and some fine wetlands with evidence that migratory water fowl are here in considerable numbers. The only upland wildlife in evidence is a herd of deer. There is every indication that there are too many deer for the land available. They seem to be eating all the vegetation. Even ordinary briars are eaten down to within a few inches of the ground. We would recommend that from a "kindness to animals" viewpoint, at least two-thirds of this deer herd be removed from the island. In summary, it is our opinion that this island is not a natural wildlife sanctuary since many trees are dead and the island does not seem to support upland animals and birds. We feel that these facts should be considered by those who are proposing to keep it in its present natural state. June 26, 1980 TOOKER, ESSEKS, HEFTER, CUDDY <:~ ANGEL COUNSELORS AT LAW January 30, 1980 Planning Board Town of Southold Southold, New York 11972 Re.: Robins Island Gentlemen: I enclose herein original of letter from Armende Lesser, as President of Southold Development Corp., addressed to the Town Board of the Town of Southold. I had asked the President of the corporation that owns Robins Island to send a letter to the Planning Board indicating that no one except the corporation owns the Island and that no one has any purchase interest of any kind in the Island. Inadvertently Mr. Lesser directed the letter to the Town Board. I have requested the caretaker at the Island, Robert Tuthill, to take appropriate town officials to the Island, as necessary, so that the Planning Board can examine the property, as appropriate. Very truly yours, William W. Esseks WWE/F ENCL. AR MENDE LESSER COLJNSELOR AT LAW 475 FIFTH AVENUE NEW YORK 17, N.Y. January 24, 1980 Town Board Town of Southold Southold, New York Re.: Robins Island Gentlemen: As president of the Southold Development Corporation, fee owner of Robins Island, I hasten to advise you that no contract or other commitment exists or is contemplated with Mr. Driscoll or with any individual, company or organization for the purchase of Robins Island. Mro Driscoll has no authority to speak for Southold Development Corporation. A map indicating the sUbdivision in 28 lots represents the present policy of the Southold Development Corp. AL:s cc: William W. Mr. Esseks and Mr. Raynor have full authority to act for and represent Southold Development Corporation in connection with the proposed subdivision of the ...... island....... EsSeks, Esq. ii,aw tuffolk WILLIAM R. PELL III SUPERVISOR OFFIOE: TOWN RVISOR ~HOLD MAiN ROAD $0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1800 (616) 765-1939 10 November 1980 Planning Board T~vn of Southold Southold T~vn Hall Southold~ New York Dear Board r~mbers: The Robins Island Advisory Committee would appreciate the cooperation of the Planning Board, in keepin9 us informed as to any action~ infor- mation or coim~unication~ regarding Robins Island~ that you might receive. Also, if the present ~,~ers of R6bins Island have presented any plans to the T~wn Planning Board~ please notify us. Tha31k you for your cooperation in this matZer. Sincerely yours, WI{P: jm William R. Pell III Supervisor Southold T~vn Box 57 Mt. Sinai, NY 11766 December 29, 1975 Planning Board Town of Southold Main Road Southold, NY 11971 Attn: Ms. Muriel Brush Re: Robbins Island Gentlemen: Please be advised that the largest known poison sumac tree in the United States exists on Robbins Island, the imminent development of which is under your jurisdiction. Enclosed is a copy of a publication attesting to the national importance of this tree, which seems to me worthy of special effort on your part for its preservation and protection. As a first step towards the above goal, I suggest that you direct the developer to have his surveyor locate this tree on a site plan showing the location of all proposed roads and, at least, all proposed buildings near the tree. If, through my ready access to forestry literature, I could be of help to the developer in locating the tree, I would be glad to do so. My business telephone number is 421-1000, ext. 277 and that of my home is 433-1019. Yours truly, Daniel V. Grinnell SUFFOLK COUNTY ARCHAEOLOGICAL ASSOCIATION P.O. Drawer AR, Stony B rook, New York 11790 February 15, 1980 Henry E. Raynor, Jr. Chairman Southold lown Rlanning Board Town Hall Southold, N.Y. 11971 Dear Hr. Raynor: In regard to your letter of November 29, 1979, Dr. Gonzalez may not have made clear to you that Robins Island is known to contain numerous aboriginal archaeological sites. Daniel Kaplan, Supervisor of the Garvies Point Museum, Nassau County Museum System, has the records of a survey he made on the Island some years ago. According to the intent of the State Environmental Quality law, cultural as well as natural resources must be considered in preparing an Environmental Impact Statement preparatory to development of an area. Ne wished to alert your office, which has this responsibility, along with your Environmental Protection Department, to the current archaeological record. The usual procedure, I believe, is to require the developer to provide the various studies and surveys necessary for the local governmental agencies to determine no adverse impact upon the cultural and natural environment by the proposed development. In this case, do the development plans impinge on the archae- ological remains? SCAA is a non-profit educational and preservation organization, so we have no funds to conduct a survey of Robins Island. However, contract cultural resources organiz~innn Are evail~b]e, such es the Lnn0 ?~l~nd Arch~enloo~n~l Survey at SUNY-SLony Brook, Edward Johannemann, director (246-8615), and CRWS, Ed Rutseh, director (201-383-6355) Box lll, Rt. 3, Newton, NJ 07860. We hope this answers your question and I apologize for the delay. Sincerely, G Stone Levine President ce: Larkin, DEC Lord, NYS DE Goodrich, STH Newton, SC CEQ An informal informational meeting was held at the home of John Wickham, Main Road, Cutchogue, New York, at l:15 p.m. on Wednesday, February 2, 1977. The following people were present at the meeting: John Wickham, Chairman, Planning Board Henry E. Raynor, Jr., Vice-Chairman, Planning Board Frederick E. Gordon, Member, Planning Board Frank S. Coyle, Member, Planning Board Thomas Samuels Larry Angola Chuck Gios Mr. Angola and ~r. Samuels are under contract for the purchase of Robins Island. They are making feasibility studies to finalize existing contract to see if it is workable. They have concluded that the best way to develop is to put in approximately 90b~ilding lots of approximately three acres each. They hope to evenually develop 270 acres. The balance of the land, about 130 acres, would be given or be on an easement to Nature Conservancy. They do not want too many people and would try to attract people to do justice. They want to change as little as possible about the island and would have covenants and restrictions when a person buys, he would be subject to them. Some proposed restrictions would be - no trees can be cut down at any time - no animals - try to preserve. They plan to bring electric to the island. They plan to purchase a boat to bring people over from New Suffolk to the island. They plan to improve the existing facility primarily to accommodate a ferry boat for approximately six cars. They plan to not park cars on the mainland. They would like to improve the marina to accommodate more than at present. They would like to accommodate a firetruck. The boat will take six months to a year to bu%ld after the order. Electric installation would take from nine months to a year. Mr. Wickham informed them that the more homes they have on the island, the more of a problem they will have with either parking in New Suffolk or ferries and also they have to have the zone changed for a ferry terminal. Any sort of ferry must be approved by the Coast Guard and the Planning Board would insist that there be a ferry district formed. The same density would be expected as there is on Fishers Island which is about one residence per every four acres. Mr. Wickham asked about telephone service and Mr. Angola said they had spoken to the Telephone Company. Mr. Wickham said he would insist on highways on the island because subdivision regulations call for it. Mr. Raynor asked if there would be any type of community transportation and Mr. Samuels answered it would be the cars that are on the island. When queried about the water supply, Mr. Samuels said they had wanted to get well drillers but the weather has held them up. Mr. Raynor asked who the planning board was dealing with. Mr. Angola said the principles involved were mainly himself with Dr. Samuels and no one else was involved. Mr. Raynor asked what other projects Mr. Angola had been involved in, and what type. Mr. Angola said he had a development called Heady Creek in Southampton. Mr. Raynor asked how Many plots. Mr. Angola said 50 plots and there were restrictions put on them. He said it has become a tremendous asset and it brings in about 70 to 80,000 dollars in taxation. The houses are between $100,000 and $400,000. He also had another development in Mecox called Mecox Estates. The one they are working on now is in Southampton and is about 40 acres. They conveyed 13 of the 40 acres to the Village of Southampton as a farm belt to be kept in its natural state. Mr. Raynor said that when it comes down to filing, they will have to present the Planning Board with a filing copy which will go in with the map as to restrictions so as to resolve any question at a later date. They will have to be filed with the County Clerk. Mr. Raynor asked regarding the existing marina facility, if they intend to extend the existing or bring a new one or dredge. Mr. Samuels said they do not intend to dredge. They intend to incorporate the existing dock or one slightly to the west. They want to put in a long main pier which would also be part of the ferry landing. There was talk of a T-shape dock and building finger pi~rs. Because of the sitL~tion with north winds, it will all have to built of heavy stuff. There will have to be some dredging inside the T area but that can be handled very nicely with beach nourishment and no problem with fill disposal, in their opinion. Mr. Samuels does not think the salt marsh should be destroyed. He thinks a ferry can be landed at the end of the long dock in almost every weather. Mr. Wickham said that they have to have a ferry terminal and it has to be substantial, but he thinks that people that are going to spend that much money are going to want to have their own boat and they will not want to keep it in a location that is exposed to a northeaster. He thought probably the best place is into the old clay pit which is deep water and relatively hard bottom and no marsh will be destrbyed. They wouldn't get the flack from DEC but the area is small. Mr. Samuels said ~hey intend to demolish the building on the New Suffolk property and rebuild the bulkhead on the end for the ferry. The ownership of the property next to Ruth Tuthill Houston was to be checked and the underwater grant. (I checked this and the property is in the name of Mackay.) Mr. Wickham said the Town Attorney says we do not have the ability to approve any~ subdivision unless it meets all the town specifications including the Town Highway specifications. Mr. Angola mentioned a right of waiver. Mr. Wickham said the Planning Board had a right of waiver but it has to be approved by the Town Superintendent of Highways and the Town Highway Committee. Mr. Angola said he could not understand why the Planning Board would want to take something and make it like a city. Mr. Raynor said the right of waiver is always available when the Board gets presented with something they think will be an acceptable alternative. Mr. Samuels asked if there was anyone that felt that the roads should be thirty or sixty feet wide and Mr. Wickham said yes, if they are so close to the margin that they can't meet the town specs. Mr. Samuels answered that he was not talking about money. Mr. Wickham said they were not talking about curbing, but about building to town specs. He said every developer has said they don't want highways and the Planning Board does. Mr. Samuels said he couldn't believe that the Plarnaing Board believed there should be roads like that. Mr. Wickham said the standards would not be let down for these people because the Planning Board has told every other developer they have to do it this way. The Town Board Highway Committee has never allowed the Planning Board to deviate from this. --4-- Mr. Angola asked what the requirements are at the moment and Mr. Wickham said to meet the highway specifications. Ferry terminals are a capital improvement and they will have to be bonded for them. Mr. Wickham said when the island is developed as residential property, the Planning Board will make sure it pays the same proportion of taxes relative to its area as Fishers Island. Mr. Wickham said the code could be changed to four acres on islands. It was recommended as long as three years ago and could go into effect within ninety days and that would be when the map is filed. The Planning Board would like to see the island developed in the general pattern of Fishers Island. Mr. Wickham said there would have to be decent highways for emergency vehicles. He would expect that the town would take dedication of the highways and take care of them. Mr. Raynor said he did not see the toga taking dedication. Mr. Raynor asked if they were proposing any change of zone. The only change of zone necessary is the ferry from residential to commercial. A ferry has to be in a commercial zone. A helicopter landing pad, if such is contemplated, would have to be on a commercial zone. A generating station for electric has to be commercial. Mr. to do. Mr. island. as a Southold Town Park. Raynor requested a plot plan and sketch of what they want Samuels asked if 'the town had any interest in land on the Mr. Wickham said he thought not. The Town doesn't want it The County doesn't want it. Muriel Brush, Secretary WILLIAM R. PELL Ill SUPERVISOR RESOLUTION: WHEREAS, WHEREAS, WHEREAS, WHEREAS ~ WHEREAS, RESOLVED, RESOLVED, OFFI~ISOR T~LD MAIN ROAD SOUTHOLD, L.t,N.Y. 11971 County Acquisition of Robins Island,. Town of Southold Resolution made by William R. Pell III, Supervisor. TELEPHONE (516) 765-1600 (516) 765-1939 Robins Island, a 400+ acre natural Island in the Town of Southold~ is a unique natural area, and it has been recommended for preservation by the Suffolk County Planning Commission since 1960, and several recent proposals have discussed the public acquisition of Robins Island, and thi~ Island is of prime concern to the Government and people of the Town of Southold, and the proper disposition, management, and use of this Island could be of great economic and environmental benefit to the Town of Southold, Now Be It Therefore That the Town Board of Southold wishes to go on record~ by adopting this home rule resolution, that it is in favor of the protection and preservation of this important piece of Southold real estate~ and Be It Further That the Town Board of the Town of Southold wishes to inform the County L~xecutive, the Legislature, and Legislator Blass, of the Town's support for the County acquisition of Robins Island, if it is to be in accord with the following: 1. That the Island be acquired by the County of Suffolk under the provisions of the Nature Trust of the Suffolk County Charter to insure that the Island will remain a preservation area in perpetuity and not at any time developed for intensive park purposes. 2. That the County assign adequate ranger control to insure the safe monitoring of the Island, and that the ranger control be under the Town jurisdiction. 3. That the management policies be assigned to the Town of Southold so that the effective control of the Island be at the Town level in order to protect the interests of the people of the Town -- a policy that already is in existence whereby County park properties such as the County holdings at Shinnecock in the To~a of Southampton, are managed by the municipality rather than the County. RESOLUTION: County ~age 2 !tion of Robins Island, Town of~outhold That the County phase out the tax burden to the New Suffolk school district and the Town of Southold by including within the acquisition a twenty year tax phase out program that would reduce the contribution to the district and Town by five percent each year during the twenty year period. TIlE FLORA OF ROBINS ISLAND: AN OVERVIEU Robins Island, comprising soma 550+ acres, is the smallest of the three islands situated roughly half~ay between the north and south forks of Long island, Ne~ York. It is, nevertheless, sufficiently large and topographicnlly diverse to support a relatively large undisturbed native flora that is in general raflactlva of the native eastern Long Island flora and, probably, is more suf~gesti~e of the original, i.e., pre-settler eastern Long Island flora than any other similar-si~ed Long Island floral region thus far studied. One needs 9nly to spend a fa%7 hours on the island to note the remarkably low ratio of foreign-introduced plants to native plants in comparison to this ratio for Shelter Island and Gardiners Island, as ~,.ell as for mainland Long Island ai~eas. The fact that it is the easternmost of the three islands and is therefox-e more "meterologically" protected no doubt contributes to the richness smd originality of its vegetation. The island is dtvisable into distinctive floral sub-types. Thc most expansive of these is the upland~dryland region composed primarily of oak hard%-good com- munities and characterized by true overstory, understory and forest floor zones. The native overstory consists of at least 6 species of oaks, some apparently hundreds of years old, and mockernut hickory, American beech, sassafras and red maple (in the damper soils). Several of these species (es. chestnut oak, black oak, red maple, sassafras) exist in pure stands of what appears to be primary and late-mature secondary growth, indicative of stable gro~th in un- disturbed sites over a long per~od of time. '£h-e native understory is layered. The upper layer is composed chiefly of smaller individuals of the overstory species and tall shrubby species such as Juneberry, black cherry, dog;~ood, clddrberry and arrovn,~ood, to name some of them. The lower layer consists chlefly of blueberries and huckleberries, sx*eetfern, bracken fern, male- berry, blackberry, winterberry and bayberry. The forest floor consists of various herbs: wood strawberry, wood sorrel, Deptford pink, wood aster, white violet and others. Various mushrooms, lichens and other cryptograms complete the forest- floor layer. It would appear that well over 400 acres of the island are upland~woodland .in their floral composition. It is interesting to compare this upland region with those of shelter Island and Gardiners Island. Wherehs, there are some Shelter Island areas (eg. Mashomack) with well-developed, relatively mature oak woodland habitats, in general, these islands' native trees are subjected to the ravages of several harmful exotics (es. Japanese honeysuckle) and harmful native plants, as well (es. ~i!d grape, greenbrier). Consequently, these islands' large n~tive woodland trees are com- mensurately not as healthy appearing, while the ratio of dying--dead to not-dying-- dead plaets is similarly very high. It is supposed that the relatively unbrol~en uplands of Robins Island in the absence of clearing, farming, road-building and the like accounts for the relatively unmolested, intact nature of its x.~oodlands. In addition to the oak woodland communities, there are pitch pine-oak, grassland- meado-,.~, fresh-water marsh, aquatic, salt marsh and beach coir~nunitios, each relatively rich in species' diversity and typical in species composition. For exa~le, the salt marsh vegetation bordering the brackish pond at the northwestern end includes such typical indicator grass species as cord grass and salt-meadow grass, as well as the associates, spike grass and black grass. Non-grass salt marsh species in- clude the indicators glassw0rt, marsh elder and groundsel tree. It would be inter- esting to ascertain the age of this salt marsh with respect to the ages of close- lying mainland salt marshes such as those in New Suffolk (to the north) and North Sea (to the south). Apparently, the brackish pond has remained fairly undisturbed and healthy over the years and its vegetative producer base provides a stable feed foundation for the food pyramid ending in the top consumer layer--the herons, which b:~eed so abundantly and successfully in the nearby trees year after year. Th'.~ F~ora of There are at least three fresh-water pond-marsh systems, all lying on the west side of the island in close proximity to the shore. Interestingly, they ail differ somewhat florally, probably owing to their degree of penaanence,--tbe southernmost one partially dries up seasonally, and their proximity to sea water--the middle pond nearly touches the sea at its eastern end and, consequently, gives rise there to an extensive zoue of plume grass which makes its way down to the shore from the pond's edge. The aquatic vegetation in these ponds consists of such typical species as pond weed (Potompge~?3! sp. ), duckweed (Leans sp.), loosestrife, water purslane, water smartweed and sedges (Cyperus sp.), while the marshy edges harbor such typical species as ~ild rose, swar~ milkweed, marsh St. Johnswort, poison sumac, elderberry and marsh bedstraw. Interestingly, no. cattails have bean reported for the island, but they may have been overlooked. The beach vegetation is ~omcwhat depauperate along the western edge, possibly, owing to constant on-going ~rosion of the beach zone which is very narrow (less than 10' at high tide) there. Such typical beach-shore species as be~ch grass, seaside goldenrod, beach heather, seaside spurge, saltwort, .scabeach knotwecd and sea rocke'~.occur profusely around the island. Upper-beach species such as bayberry, salt-spray (or dnne) rose, poisou ivy and I rickey-pear occur scattered around the island in those areas north, east and south, haviog an upper-beach zone. Strangely, beach plum (Prunus maritime), a typical upper-beach species common to both north and south fork upper-beach zones, is thus far unreported. It is conceivable that it never successfully invaded the island, but, also, may have been overlooked. Other eastern Long Island species that could be on Robins Island, but are thus far unreported, are the trees, sourgum or~upelo (,v.,~,a ~vlvatica), although record-size specimens are reported for Gardiners Island by Ccorge Peters, American holly (Ilcx ~qCq), pin oak (~uercus p~t.~rl..), Americau sycamore (P]anta2!~!~[ occ~de'ntalis), tulip tree Q.'~rio__~endr~ t:u!~E~f~r~), pignut hickory ((~ary~ ~.abr2), shagbark hickory (Carve ovate), black walnut (~l]~nn~ ~2~ra), quaking ~spen (~cpt, l.us !~c3:j,,J~Jjl~!), l'usay willow (~2!~! ~.~9!~o~), black willow (?ilj!! The Plora Of Robins Islan~: Bigr~), white ash (Fra×Jnus americans), green ash (Fra~:inu% }~ennsyl__v_anica), black ash (.Frax]nus n_l~iger), eastern hemloc~ (T.';'.~ canadens~s) and ~hite pine (Pinug strobes), ~.~hich occurs sporadically in south fork localities, espe, cially just ~east of Sag Harbor where it occurs in a relatively large stand. Eastern Long Island shrubby species such as sweet pcpperbush (Cl~thr~ alnifolia), mountain laurel (.Kalmia latifolia), sheep laurel (~Zn]n!ia ~nsustifo!ia), s~amp azaleg~hododendron v~scosum), pink azaleg-~hoc~odendron nudiflorum.), hearberry (Arctastapjlylos uva-ursi), trailing arbutus (Epi?~s__e._~ repe__n~%), smooth sumac (P.~h!~~ ~a.~".bra), staghorn sumac (R~us typhina) and chol. ceberry (Pyrus ap,) are also unreported for Robins Island. Several eastern Long Island herbs (ag. ~.~'intergreen, pipsissewa) are also unreported for the island. It is most likely that several of these "missing" elements will be found there in the future upon closer inspection. Indeed, this observer in omly two hours of investigation ~as able to add several species (see attached floral lists) to Peters original list of 1956, Obviously, further study is needed before any definitive state~n~ent %~ith respect to the flora of Robins Island can be made. Less than 50 acres has been severly altered. At the northern end, ~here the main buildings occur, there are several acres do~ninated by such introduced and escaped plants as black Bcust, sweet cherry, white poplar, Norx~,ay maple, Japanese honey- suckle and a few others. However, it appears that fhis ,e~otic invasion" has been stopped and, indeed, in many of the zones ~here these aliens and t]~e native flo~a overlap, the native flora s~ems to be holding its own and, even, winning~ A further testimony to the relatively undisturbed nature of the island's flora is the very remarkable fact that apparently t~.~o of its trees---poison sumac and elderber}~y---are officially the largest of their species in the Uni('ed States (American Forestry Association, cf. Peters, G~_orge, 1973, The Trees of Lon~{- Island., p. 53). Long .Island, in all, has 18 of the nation's largest individual trees (a remarkable feat in itself). Seven of these belong to species native to Long Island; in other words, 2/7 or ca. 30% of Long Island's national record-holding native The l, lor~, Of Ro~n!; I~land-5 tree species occur on Robins Island, and this is even more amazing v~hen one consi- ders that Robins Island is probably the most poorly botanically studied of all Long Island land areas. ~at unique floral characteristics for Robins Island will ~ome to light in the future remain to be seen. Robins Island is not only a very inrportant phytogeographical link connecting the two forks of Long Island, but is a unique island floral region in its own right. In this latter respect it compares favorably ~,~ith its two larger sister island% the populated agricultural-recreational Shelter Island~and the unpopulated, 5ut relatively greatly disturbed Gardiners Island. Aside from the remainder of the eastern Long Island Pine Ba~:rens, it is probably the largest intact, uni~terup~ted Long Island floral unit. Unlike the pine barrens, however, it consists of several typical floral con~munities and has an overall diversity and richness of species indicative of a stable ecosystem and reflective of a d~vcrse topography and soil profile. It offers much in the future to Long Island and island plant study, and, thus, needs to be preserved from unnecessary human incursions. Robins Island %;ould make an excellent x~orkshop-nature study area. It could preserve a native Long Island flora for future Long Island replantings. Indeed, tf the island %Tare to be maintained in its natural state, it %~ould continue to produce seeds and spores from its native plants, some of which ~ould find their way to germinate in mainland arcas; thus it has tile potential to serve as a '~nursery" as well as as an educatior~and, of course, esthetic and inspirational nature preserve. Laurence T. Per,ny Assistant Professor, Life Sciences Southampton College -2- Sensi%iYe Fern Marsh Fern Bracken Clrn~amon Fern Rcysl Fern i;e,,.: York Fern Chrlstmss Fern Eld orb e try Wint erberry !iighb~sh Blueberry Fe%%erbush Bayberry Swee%fern ~la ckberry '.';ineb erry Swamp Rose ~ne Rose Fly Honeysuckle i[aleberry ?~Flcberry Dl~ck }h3ckleberry Early Low Blueberry Late Low Blueberry Arrow-wood Vines ".f o o f bine /oison Ivy ',,'il5 Grape C,-tbrler M ~',','bri er De:vb srry Js~rnese Honeys~;ckle Onoclea sensibilis Dryopteris Thelypteris Pt eridix~m aqui!inum O sm~knd a cimn~emones Osm~n~] a regalis rryopt erie noveboracensls Polystichum acresticheides Sambuc~ s canadensis Ilex verticil!zta Veccinium corymbosum Le~cothoe racemose ~yrioa pensylvs~ica ~yriea asplenifolia }h~bus sp. Rubus Phoenieolasius Rosa viryfnia~a Rosa ru~osa Lonicera osnadensis Lyonia li~fustrina Gsylussacia frondosa Gay]mssacia baccsta Vaccinium ~mg~siifo]il~m Vaecinium vacill~ms Vibnrnum denta%um -Z- H__ejib s ( Cent. ) Yellow Rocket Strawberry i:o'~se-ear Cress ,'.'at er iI~rslame ],larsh Bed straw Field Cress Speedwell i~lsh Clover ?~oo8 Sorrel Spotted Gerani~m Water-Starv:0rt L'ar sh l~atlow Velvet leaf Beach Heath Roekrosc 'f;hi% e Violet irickly Pear LeosestrJ fe gu'amp Mi th,ze e 8 Common DIn~weed Do~er ~ e rman~ e r Self heal Pftterm'.'eet ~uc!ish ~lanta~n Common P!nnt~dn Venus's Lookin~-glass Eonese% Al~e-stem Gol~ enrod Seaside Goldenrod k~rly Rough Colfenrod. Cross-!eared Goldenrod ~';ood Astar Horseweed Yarro'~v Bsrbarea vulgs tis Fragaria vesca Arabidopsis Thslisna L~dvigi~ palustris Calium palustre Lepid iu~ campe stre Veronica arvensis Lesped eza sp. '0~atis evropaea Oersmi~m m~.culat~ Cal].itriche pal~stris Hibiscus ~osche~tes Abutllon Theophrasti Ht~dsonia tomentosa Helismthe~m canadense Viola lanceolata 0p~mtia humif~sa Lyslma chi a ql~adrlfolia Ascleplas incarnata Asclepfas syrica C onvoli~l]m s se pi.~m C~sc!~ta s~. Teucrium can~dense i ~u~nella ~lgard s Solanom ~lcamara Verbascum Thapsus Linaria canad ensis Scroph~laria leporella /~ ilsntago l~ccolata il~tsgo major SDecularia perfoiiata E~pat ori~m perfoliat~m Sol,Sago caesia So]~ 8acc s empe~irens Soli~yo J~cea Sol idago ~gosa ~oliSago crmmlnifo]_ia Aster d ivari 6at-ds ~]t e~aria needJolca ~.mbros~a artemisii Senee~ o sp . Senecio csn~ chris Tara?'acum offJcin~le,' Lac t~ca canr:~! cn:~i s Chryssmthemnm ],e~;c:~nthamum Cirsi~m ~]gare Art!cum Achillea ~2illcfc!~um ~i craclum ~rntense Flora of Robins Isis:nd, L.I.,. Nu~Y. Cheek I,ist of Species observed. J~une 8-]_0, 1956 by Co H. Peters , Tree~ ~itch Zinc Re~ Cedsr Crack Willow Trembling Aspen ![ockern~t Hickory Gray Birch White Oak iost Oak Red Oak Blac~ Oak Scarlet Oak Chestn~t 0~ American Elm Hackberry Black Cherry Sweet Cherry Red Maple Sassafras roison Sumach ~warf Sumach ~o~vood J~neberry Hawthorn Cr ...... e~,, ~shes, ~en~weed 0rchar~ ~rass ll~me~rs ss Splke&rass Jvme~rass Propseed Beach~.~rass Crabgrass 3ante ~rass Peard grass Se~ge Sed~es,etc Pinus rigida J~u~ipe~s virginians Salix fragilis lopulus grandidentata Carya tomentosa Betels popullfolia ;~ercus elba Querc~s stellsta ~ercus ~bra ~erc~s velntina Quercus coecinea Querc~s Yrinus Ulm~s americs~ua Celtis occifentalis pumila Robin~a Pse~5o-Acacia P~mos serotina Prunus Avium Acer ~u~ br~m Acer platsmoides Sassafras albiSum Rh~s Verni~: Rhos copallina Cornus florida A~el~chier intermedia Cratae~uS sp. ~otomogeton sp. PGa Dactylis glomerata ~hregmJtes Comm~m~s Dlstichlis spicat~ Danthon~a spicata Sporobolus sp. ~mmoph~ls brevllig~lata ~gtteri~ san~inalis ~an~cum sp. An~ro~ogon scoparius CyI.C~s sD. * Note: m.:~ny of the scioutific names 6sed in this ,list are' no louger ~,alid; hox~,ever, · these namea ara left Uncha~ged for the sake of originality (LfP) ADDITIONS TO PETE?,S' Trees White Poplar American Beech White Mulberry Juneberry Shrt£os Grasses~ rusb,qst sedges Cord Grass Salt-Meadow Grass Black Grass tIerbs Dept ford P~nk M~rsh St. Jchnswort LIST OF Populus alba Fagus grandifolia Morus elba Amelanchier canadensis Spartina a!t erniflora Spar tine patens Juncus gerardi Dianthus armeria }Iyperic~!a v i', ginicu~a NATURE CCN'3E~V ,( Ibis hard 'to find a Robinson Cru,'~oe Isle:id Within a thro,,~ of Plew ~o:'k City but t',ob!ns island in Peconic bay :!.s Just that. It has lon~q sandy beaches wh3 e y2u'll fla.i an foo~pri:.,ts in th9 sand. roiling wcxtod [tills and broad m~adm-n; coupled with its cJx-~ar unpolluted waters make it a unique area for th:2 wildlif~ that aboanJs oa tho is!and. The norbh tip has been rotund by !Literal drift of the sand alunz the wea~ shore. Uhar. e this lon~ tail joiqs tho i~lun~ ,y~u'!L find alo. ng with th~ p!pin~ plover ~hate nests you'll find sprinkled along all the sandy shores. Thi~.: long sandy tip 9*ovide~ a r:atuval :;rcakwater for 'bh~, cove that cups th3 entire n:~rth.ond. Here is a safe berber for and bird alike fr:x~ stairway caste:lies aud tho con'~;i~ual south wast winds , ' ' i,,~n., black chx .... and to a quiet Ooncl. This -~ . ,'/ a,-d without tho / it w)uid sur~!y , To the r;a,~t i:' aunthor valuable nee'Lin;: dist,_.nce in,and. Th:t:: is one of the lc:rgcst ri!sbt her. on co!oaLes fn mir area Plum Island o~!d Gardlner~ Isl.~nd aJ.t~o best extensive rook:?;rie~ but they too depe:~d on thei:- islaBd isolation to ggvc the needed protae~ion f~r the breeding or i;hl:n species, f)n a nesting ce~isus ~ast ye:~r we counted over 200 birds f~iyiriS from thi~ spo%. So~e trees had thr~e or more nests in thep opul..t.,d %:ended a~-ca ,,bm )..%~.n~ it for wildlife heron colony nlake ~lP a t;j.~{h~ and vuluabl, e natupal asset sad 9:'centred also. l'ho one on the norths:tat end of tho ir]a,'ld is eupecial!y nica end mi'~'ay down the :.~e.,t sh3re i.~; anotbs~, one b$[thhe ol,2 clay pits whLch by the ?'cy l~::'o lzsed i.u i;he ,¢ianul'ac~tu:'¢ of b'¢;c:k:~ leu tho the isl~ nd/ of L3ng ir:l:i~d~ re~rl:,C c~13P0 7.31!:1~; pop gggt t[la~ title' o{;[lu]' [;y'oa iricluding :')re'~diu~] onp~oy last year itl tho island atld with orlcourasonlent surely E NATURE C 0 Pt 5 E RV,$(; Y protected tn., su~a3u~ the y~-~ar:; on t~uL, za~ Islana. Tho west sho;e ~f Pobias Island pushes out of in groat hug¢~ clay cliffs. Tho~e ou~croppi~&s ar~ ~-~oird i~ the bulwarks aga!a?~t erosion. Thc etf'fs provide tho si~ fo~ ba~k swallows and kiagfi:~hor Iu conclusioa the ruture use of tko: island ~il]_ bare a lot to d~ uith thc :~ucce~s o~' ~he~o fragile ecoio~ical z~ue. tk~t b.~ve throush the yoa?s der)ended on uudorszandi,~j; a~d ~prohoc~,i.~:~. ~--a~h '~f ~h~se m~iqn~ aT'cas is depoa(ie~t o~ the other for of life that .... ' Robins Islnnd is situat,~r] in ['etonic i~,oy which is in thc~ center th~ ~orth and South ~crka of eastern Lon~ ]sl'.md, Lc':., Yo~k. fhe ne~r~t town is a small villn~ ca]]'~ New Suffolk to tho north where scces~ to t~e i?]~md ocaurs. A 20 ~.inute boat ride will g~t ~,u th?re. ~v'"ry ~:~ed o~r: la h~d her, or in ti e ~:~?r~'lr small · ~ (;rift . £~r cut into what A long l~to, al ..2in..~]_,~ extends .... ,~ ~ "~-~ ~ ...... m,~t .. for small tho boats to the ~sl,-,nd ~o~-. t,, d,a,c~z .b,,t .... ](~ ', "~ei]-'~ :U]'~' '" ' a-rYeS r~s e gu':'st Nc'us'= for th¢~ visitors ~,c t~]e ~'21~md. ,,.~n~5~;~(~:~ on,: of t.}:~ most m~qrJif'iccnt but~,,,,~.-,n~,,"~]'~,-;., ~ ., ,x ,.~_,,s, o,.'¢' ',~U~-loh" ' a ho~,.. .... for th~ cnr~;t~!(er. '',la. ........ ... ,, ]r~ f~]r to ..J:::o~: r,~oair. ] l.:cliev~ ~h~):'~ ~' ~ ~?2o?~'m' r::'n~,rrzt, or th,t, suo'~'iz,-:s ~ ' '" ' " th'" ~'ecuPity of the isl ~d is vit~] and so f:'r one c:,c~,taken sc~ma~ to do nn excellent job off this. ~r. ~kd~ Tuth~!l so.ms ~uite char~-~t=~r. He is a nativ~ of New Suffolk ~nd knows the ar~a The su~s~.~r r~ontbs require the most patrol but after labor l'~sy the traffic 6n th,~ num;~rous son{~s th.are ara simnle water, our,to windmills that d~y v~ent~ er. Those i c~nN. ot veuci~ far either. q?:o~ n~;e tut tb~.~t's ?rom !{ob!ns island. "]'h<}ce is no trace of }~ininS oner~tions to be qlh~, islf, n~ al. so has a rsthor uniqua indian history, it has had some r~sea~ch by a museum 6ro%le from Lloyd darbor which John Nicks is Physically the islt:nd vzeuli b~' classlfiJed as having short ~ol]inS ~l~cia]. boO!d~rs thPt aurf~a.- ti, reubeN tbs' w~cd}and. The b~aclw~s to the ,~nr',t ?:'~,.'.v these erro,lics ~zore ~>romi~'nt]y than any ctP~'r n~rt '~ the u,,"st ~f' Ch,t' isl. t~n,~. fi'he beseh t~', t[e v;~s.t h~s c~er 100 foot bi~h clay ciif'~'a r'i~'ln:< fr~,m it t!~t sr'~ v~r}f imoressiv~. :nd dr~m~tic, ibis siae of' tko iz!nnd has the hidhest elew~tion. Summer '.~infis ar'~ fr,:m the rnd our -"int~r ~"~n-'s ['rcm thc L:/. It is s~l. dom th:,t the bay JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 76 Town Hall, 53095 Main Road P.O. Box t179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 18, 1991: WHEREAS, the Town Board of the Town of Southold has repeatedly indicated its support for the purchase and preservation of Robins Island in'its natural state; and WHEREAS, 'Robins Island, a 400+ acre natural island 'in the Town of Southold, is one of 'the most unique and important landmarks on the East Coast of the United State~; and WHEREAS, the Town Board believes that the preservation of Robins Island is a regional concern and that the' Island's preservation would be of benefit to the .entire region, and proper disposition, management, and u~e of this Island could be of great economic and environmental benefit to the Town of Southold; and WHEREAS, since 1960 the Suffolk County Planning Commission has recommended the prese'rvation of Robins Island; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby urges the. Suffolk County Executive and Suffolk County Legislature to move forward with all expediency with the purchase of Robins Island. Judith T. Terr~/ - Southold Town Clerk June 19, 1991 REGULAR MEETING A Regular Meeting of the Southold Town Board was held Tuesday, May 5, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Counc!lman Thomas H. Wickham Councilman Joseph J. Lizewski Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilwoman Alice J. Hussie (out of country) SUPERVISOR HARRIS: We need a motion to approve the audit of the bills of May 5, 1992. Moved by Justice Edwards, seconded by Councilman Penny, it was ?-,ESOLVED that the following audited bills be and hereby ordered paid; General ~und Whole Town bills in the amount of $101,996.49; General Fund Part Town bills in the amount of $117,939.96; Nutrition Fund bills in the amount of $2,435.59; SNAP Program bills in the amount of $2,321.13; Community Development Fund bills in the amount of $8,693.00; Highway Fund Whole Town bills in the amount of $43,738.48; Highway Fund Part Town bills in the amount of $20,324.65; Agricultural Land Development Rights bills in the amount of $1,350.00; Hydrogeolic Landfill Study bills in the amount of $484.50; Payloader Capital Account bills in the amount of $52,000.00; Employee Health Benefit Plan bills in the amount of $14,518.48; Fishers Island Ferry District bills in the amount of $9,537.47; Southold Wastewater District bills in the amount of $52.00; Fishers Island Sewer District bills in the amount of $205.49; Southold Agency & Trust bills in the amount of $6,593.10; Fishers Island Ferry District Agency & Trust bills in the amount of $46.49. 'Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of April 21, 1992, Southold Town Board meeting. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the minutes of the Town Board meeting of April 21, 1992, be and hereby approved. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to set the next regularly scheduled Southold Town Board meeting at May 20th. That's a Wednesday, instead of a Tuesday, 1992, 7:30 P.M. Moved by Councilman Penny,: seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Wednesday Maiy 20, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penn'/, Justice Edwards, Supervisor Harris. This resolution was declared duly ADQPTED. I. REPORTS. 1. Annual Financial Report Update Document for the Town of Southold, County of Suffolk, for fiscal year ended 1991. 2. Fishers Island Ferry District Annual Financial Report for 1991. 3. Supervisor's Budget Report for year ended December 31, 1991. 4. Supervisor's Budget Report for month ending January 31, 1992. 5. Supervisor's Budget Report for month ending February 29, 1992. 6. Supervisor's Budget Report for month ending March 31, 1992. 7. Empire Plan Town's claims experience Report for 1991. Pg 2 - 5/5/92 8. Southold Town Dog Shelter Monthly Report for April, 1992 9. Southold Town Building Department Monthly Report for April, 1992 10. Southold Town Clerk's Monthly Report for April, 1992. 11. Justice Edwards' Court Monthly Court Report for April, 1992. 12. Justice Tedeschi's Southold Town Court Report for April, 1992. 13. Councilmen's Reports. 14. Supervisor's Report. II. PUBLIC NOTICES. 1. State of New York, Department of Environmental Conservation Notice of Public Hearing and Notice of Complete Application of proposal of Linda Wilton to construct a 28' by 40' one-family dwelling and bluestone driveway, which involves placing 350 cubic yards of fill in approximately 5,500 square feet of freshwater wetland on Queen Street, Greenport, approximately 50 feet south of County Road 48. Public hearing June 4, 1992, 9:30 A.M., Southold Town Hall, Main Road, Southold. Written comments and filing for party status to participate must be received by June 2, 1992. 2. Notice by US Army Corps of Army Engineers, New York District reauthorization of the Nation',vide Permit Regulations for the State of New York. 3. Notice of Public Hearing by The New York State Assembly for the purpose of consolidating emergency services in New York on the State and local levels. III. COMMUNICATIONS 1. Sherry Johnson, Proc~ram Director of the North Fork Environmental Council thanking the members of the Town Board for discussing and acting upon the East End Jetport issue at the Board meeting held on April 21, 1992. IV. PUBLIC HEARING. 1. 4:30 P.M. "Local Law ir~ Relation to Water Skiing". V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, I'd like to welcome everyone, and are there any members of the audience, that would like to speak to this Board in reference to any resolutions, that we'll be enacting in the next few minutes. Yes? LINDA LEVY: My name is Linda Levy. I'm the Southold coordinator for the North Fork Enviromental Council, and on behalf of the Environmental Council I would like to speak to you about Resolution #23, a pilot study by the Suffolk County Water Authority. We would like you to know that North Fork Environmental Council believes strongly that safe, readily available drinking water is a right of all citizens. We also feel that bringing public water into Southold should occur in conjunction with planning. The future of Southold is depended on proper planning, and careful assessment of the needs of the town as a whole. We are therefore concerned that the pilot project being discussed is not requested with a consistent planned division for the future of the town, and in contrary it seems that the event of public water on Peconic Bay Boulevard is more a matter of ease and convenience for the Suffolk County Water Authority, than a response, and prudent need for this project in this particular location. Pilot programs such as the one proposed on Peconic Bay Boulevard could amount to virtual spot zoning, if zoning issues are not fixe¢t. The availability of public water has historically lead to higher density zoning, unless strong measures are taken to prevent this. Under the current proposal ~he only business end to new development apply to construction on lots that did not comply to Article 6. The issue of higher density zoning being permitted is previously Iow density areas, due to the new availability of public water has not been addressed. There are, in fact, several pending developments along Peconic Bay Boulevard itself, in which permitted density will be directly affected by this supply of water. The hamlet centers, including specifically Mattituck, would be more logical choices for public water projects. These are the areas where current density that is st~ch that a need exists for public water, and they are also the areas where the town initiated higher density might require this service. Public water can, and should be a benefit to any town. Southold is in a unique situation of being able to make public water available to it's residents, and plan a systematic management. Our town could be become an example of the way rural communities could bring in needed public services through out the community. Lastly we are aware that the Suffolk County Water Authority has a very complete state of the art map of Southold, and we think that this also could be a very useful tool in incorporating public water systems, as well as other issues into our long range planning. ~' ~ Pg 15 - 5/5/92 1. The following regulation shall apply only to Hay Harbor. a. Water skiing is permitted after 5 P.M. on weekdays and all day Saturday and Sunday unless organized waterfront activities are planned by the Hay Harbor Club. b. Water skiers will follow a pattern extablished by the first boat to start skiing i.e. clockwise or counter clockwise. c. Skiers will remain a minimum of 100 feet from any dock or shoreline. II. This Local Law shall take effect upon its filing with the Secretary of State. 30.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice E(~wards, Supervisor Harris. ~ This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I!m going to let Deputy Supervisor Penny run the rest of the meeting for those individuals, who would like to speak to the Board in relation to any other matter. Judge Edwards and I have another function, which we have to attend up island. We'll thank you for participating today, and we'll see you in two weeks. Thank you. DEPUTY SUPERVISOR PENNY: Ar'e there any members of the audience, that would like to address the Town Board at this time? ART ROSS: I'd like to thank the Board for passing Resolution Number 12, authorizing us to attend the meeting this noon. It was very informative, and several members of the Land Preserv:~don Committee were there, and we stay all of the way to the end, but it was ve:y well done, and gave us a lot of food for thought. Let the record show, that although Betty went with me, she paid for her_ own lunch. I'm here today, first of all, I'm going to give you an update on the Robins Island Preservation Fund role in the continuing saga of Robins Island, and that was to be a very short presentation. Now, I have to break it down into two parts, and you'll see why as I go along, and it's in a way this is necessitated by the fact that this is a tale of two lawsuits, not a tale of two cities. The fund, as you know, has been pursuing the Wickham claim theory to Robins Island, as the first part of our tactics to try acheive public acquisition of the island. The lawsuit was tactic number one. We have not prevailed thus far. We lost in the District Court. We lost in the Circuit Court of Appeals, and the Fund had a board meeting on April 18th to discuss our status. We also know of discussions. We hear rumors almost every day, and you do too, discussions about the future of the island between the County, Robis of California, and Metimeier for Southold Development Coporation of Germany. So, we met to determine what our course of action should be. The Fund voted unanimously to stay with our original plan, to oppose development of the island, and to urge some sort of acquisition by a public body, or by a private party that would assure that the island remain a nature preserve with limited access. We also authorized our attorney to preceed to file an application for rehearing in the second Circuit Court of Appeals, and if that does not prevail, file a petition to the United States Supreme Court. We had said from the beginning that we Were in this to the end, renew, and pursue all legal remedies, and at the same time, we were authorized by the Board to try alert the people of Southold Town, in deed the people all around the rim of the Peconic, to the fact that the hour might be at hand when something will take place. We were also authorized to proceed with publicity campaign to seek help from other concerned individuals about the imminent dispostion of the island as we understand it from the discussion participated in by the County. So, we have gone about our way. For one thing we started our appeal, and I'm going to ask our Vice- President in charge of public relations to first show you the portrait of the island, the painting that Jacky Penny did, that we are marketing, and we'll auction eventually on July 18th at a public auction on Nassau Point at the home of Jim Gray. Now, at the same time we are going forward with, as I said, our court case, and I was asked first of all to come and remind the Town Board of it's unanimous resolution of June 18, 1991, and that was a unanimous resolution by the Town Board, and it stated that the Town Board of Southold has repeatedly indicated the support of the purchase and the preservation of Robins Island in it's natural state, and it goes on to say, that the 13oard believes that the preservation of Robins Island is a regional concern, that the island's preservation would be a benefit to the entire region, and proper disposition, management, and the use of this island could be a great economic, and environmental benefit to the Town of Southold (tape change) with all expediency for the purchase of Robins Island. Now, that was ten months ago, and much has transpired since that time, and quite a bit has seems to have been standing still. As I said, we went on with our appeal. Our lawsuit is still in the court. Perhaps Betty while I'm speaking you could pass out the piece from Newsday recently, April 24th, the thoughts about our future resolutions in the court. Now, to return to the tale of two lawsuits, there's another lawsuit as all of you know. Several years ago many of us rejoiced in the fact that the County had signed the contract to purchase the island for 9.2 million dollars, and there Pg 16 - 5/5/92 was much rejoicing, however many lawsuits resulted from that. The Southold Development Corporation, the German interest Mittimier and Son, suddenly seid that they could not fulfill that contract, that it was wrongly undertaken, that they were deceived, tricked into it, and they went to bankruptcy, and they petitioned the Court for a reorganization of Southold Development Corporation, which is a solely owned subsidiary of Robinsade, Aktingesellschaft, Lichtenstein. I'll refer to them from now on as the Germans, because it's easier to say that, than what I just said, since they developed the name of Southold Development Coporation. Anyway the Germans went into court on County objective, and said we have a contract. What'~ more we don't think this is a file of bankrupcy for a debtors' agreement, turned his pockets inside out, and said I'm broke. Once more we don't think this is a file of bankrupcy for a debtors' agreement, and turn his pockets inside out, and say I'm broke, I have a contract for 9.2 million dollars, that's going to drive me further tothewall, but I have a proposal to sell the asset, the only asset of the German interest for 15.2 million dollars, and then I can pay off all these creditors, mostly law firms, that weren't paid over the years. I don't see any tears coming from the Board, but anyway they said we have these creditors, one was a public relations firm in Nova Scotia, which is owned by the two Germans, and we would like the reorganization plan approved, and the County insisted that there were two things wrong with it. That it wasn't a valid bank- rupcy. They were using a bankrupcy court as a sword, rather than a shield, if you will, and that the County had a contract, an enforceable contract. Well, in June of 1991, the Bankrupcy Court, Judge Hall, approved the reorganization plan, and the County appealed that approval on several grounds, and on December 23th of last year, 1991, Judge Wexler gave the County a wonderful Christmas present. He decided in effe~:t, and in fact, that the County was correct in their pursuit of this, and here's the end of his opinion, for the reasons stated above the finding by the Bankrupcy Court is reversed, and he issues, including the insertion of Debtor's Chapter 11 was in bad faith, not in true bankrupcy, and that the elimination of the County's claim was improper, I remand the entire case to the Bankrupcy Court. The County was a winner, as Of December~ 1991. Immediately, the Germans filed a notice of appeal. I would have, too, and they went forward with that appeal. Then a silence prevailed. The newly elected County Executive has a Christmas present from the courts, that somewhat of a problem for him, for obvious reasons. In his campaign the Robins Island issue came up time and tithe again, and he was generally was opposed to it, but he left it somewhat unresolved. Now, the County has won. The Germans are appealing, and we hear not very much t~ntil just recently, when we're given to understand by newspaper accounts, tha~ the County is participating in meetings,not public meetings, in fact, nobody in the County will talk to you about the meetings, for a compromise of the Robins island problem. Some sort of deal between Robis, Metimier, the County, and sometime the Nature Conservancy is mentioned as an overall supervisor of the development of the island. Rumors from those meetings are that there will be just ten houses, or twenty, or forty, which newspaper do you read. But nothing comes out directly. In a routine check with our Council in preparation to come to this meeting, I asked him to call the Second Circuit Court of Appeals, and find out what the standing of the German's appeal was. Much to my surprise, he said the Court says they entered a voluntary withdrawal on March 23. Now, that to me iwas strange. First of all, it wasn't announced in the many newspaper announcements concerning this. We knew that they had all entered stipulations saying, we won't do anything more in the courts until a month, and that was extended another fi!f* ~een days. So, I realize that according to the Court records, the appeal had been given up by the Germans. So, we started to prepare this presentation, and last niight, or this morning, I guess you folks received a fax, Supervisor and members of the Toy~n Board, do you have it? It is from Albert A. D'Agostino, saying, it hais come to my attention that certain individuals have misrepresented the standstilli agreement entered into among Southold Development Corporation, Suffolk Countyi and the Creditor's Committee, and have erroneously stated that my client has withdrawn its appeal of the December 1991 decision of Judge Wexler. It has also come to my attention that a presentation is to be made to the Town Board tomorrow~ May 5, by and on behalf of these individuals. I only speak for the Robins Island Fund. Wherein will be alleged that Southold Development Corporation has withdrawn il~s appeal. In order to correct any misrepresentation that might result it is my intention to advise you that the representation that the appeal has been withdrawn is in absolutely in error. It has not been withdrawn. It is presently pending, so forth. I like to say that this came to my in a dream, but I had notice of it from a local journalist. I immediately call reporters journalis'~s, when they say something nice about me, and he called me this morning, and said there's a letter that D'Agostino faxed to the Board, so I went the source. I called ~t ~g 17 - 5/5/92 the Clerk of the United States Court of Appeals for the Second Circuit, at 10:57 this morning, and he put it up on his display, and I said read it to me, and he said, on March 20 a voluntary withdrawal was filed with the Court, and it was approved, and the only conditions of the withdrawal by Southold Development, the German company, was that it could be reinstated by April 28th. There is nothing in the file about a reinstatement. That time has come and gone, and I asked him if it had been executed by the attorneys for the various parties, this voluntary withdrawal, and Mr. D'Agostino's name is on it. Now, I don't know if he's here, or anyone from his office, but that's why I became even more alarmed about this. What was the consideration for that withdrawal? He says, it's not. so. The Clerk of the Court l;old me this morning that it was so. I'm not here to ask y'ou to resolve the debate between the two lawyers obviously. What I am asking you for is some action on behalf of the previous resolution, a renewal of interest by this Board in what is going on. It's seems to me, that the County is negotiating in secret. It seems to me, that the future of Robins Island is being determined in Germany, and in California, whereas it's principal interest is right here. It's the matter of your' own jurisdiction. The tradition is, I think, in Albany, is to treat us like Sleepy Hollow. If they're not objecting, or saying anything, they can read it when it comes out in the paper. I think that should stop. think one of you, or the Board, should authorize someone to go, and say, what is going on in the discussions, and why is the County victorious in December, sitting down, and preceding over the disposition of the Island for private development? Yogi Berra is famous for saying a lot of things, but among them he said, it ain't over 'til it's over. That's the way we feel, speaking on behalf of the Fund. There is something going on that we're entitled to know about. I share your concern that a done deal will be presented by the Executive to the Legislature, quickly passed, and the fight will now come right here to Town Hall with the filing of the first plans. There's a lot of debate on what could be done on Robins Island in the way of development. There's a lot of supposition, that it's not really going to be developed, it's another scam to up the price. The new owners are going to get even more out of it'~wenty years from now, but the County had, what I believe, and I think most lawyers would agree, was a very enviable legal position. They go back to the Bankrupcy Court, and assert their original contract. It's unusual that a winning player in a poker~game, when the others have thrown in their hands, says, why don't we play another round? But that's what the County seems to have done here. I think, as I said before, the hour is late, we'll be fighting far different sort of position if the Town is presented with a done deal, where Robis Corporation owns the island, and it's only a matter of how much development you're willing to approve over there. One of my young friends in Mattituck, an attorney, was debating with me with the other day, and he said, there you go again. You're a tree hugger. I said, yes, I am. I am a tree hugger, and today I was vindicated by the fact that on page 25 in today's Newsday, there's an article aibout New York State looking to inventory the oldest trees in the State. They have track of many of them. There are hundreds. They have track of a good many of them, but some of them are lost, and they're asking residents to report, is there something in your records that shows one? They say, we do know where many of them are. We know for example that eldest, oldest, Elderberry tree in the State is on Robins Island, and the oldest Sumac tree in the State is on Robins Island. I don't want to paraphrase the psalmist, and say that the voice of the chainsaw is heard in our land. I would rather hear, when the rain has passed, the winter is over, the voice of the Turtle Dove, and I think you would, too. But, as the law presently stands the ordinance exists with this township, as soon as the private developer has the rights, he can start on those trees. It might provide a much better view to someone interested in buying the lots on the island. I say the hour is at hand, and I urge that you intervene in whatever is going on at the County level, and protect the interests of this town, and my grandchildren. Thank you. DEPUTY SUPERVISOR PENNY: Thank you, Mr. Ross. Is there anybody else who would like to address the Town Board at this time? Ronnie? RONNIE WACKER: I just wanted to remind you all, that we..that the town is behind you in your efforts tO get the County to live up to it's promises to buy Robins Island, and preserve it. When the Save Robins Island Committee was first formed twelve years ago, it's hard to believe it's twelve years ago, the year's go quickly when you're trying to get the government to do something, but we sent out a mailing to all of the Southold voters asking them whether they wanted to develop, or preserve the island, and the response was overwhelmingly for preservation. There were, I think, 184.4% of the replies favored preserving the island, and there's no question that people in Southold Town don't want more pollution in Peconic Bay, more traffic, more noise on the water, and eventually higher taxes for services that they will have to render. All of this will be what they'll get with development of Robins Island. So, anyway, all I wanted to say to you is, will you please lean on the County. Don't let them renege on their contract. That's important to Southold Town. Pg 18 - 5/5/92 DEPUTY SUPERVISOR PENNY: Yes, Ann? ANN LOWRY: I'd like to speak for NFEC, and say, that we would like to reiterate our stand to keep the island preserved, no development, no deals, I've been thinking about this before, the..if there is some deal going on with the County Executive, and the owner, there is some precedent for the authority of the Legislature, which had voted to preserve, and to buy, and preserve the island, that that not be overturned by some action by the County Executive, so I don't know how that works out, but it sounds as though it could not be done legally, that that would get into more legal problems. I just wanted to mention that it is encouraging that your Hockbrueckner is going before a sub-committee of the Department of Interior on May 19th, and ask for $2,000,000.00 from Federal funds for the preservation of Robins Island. I had to copy this, because I couldn't remember the whole name of it, but Newsday yesterday it said that the US Fish and Wildlife Services Northeast Estuary Office visited Peconic Bay area last summer, and said Robins Island would be a wonderful place for acquisition, so that is a hopeful thing that Hockbrueckner is doing now. Thank you. DEPUTY SUPERVISOR PENNY: Is there anyone else from the audience, who would like to address the Town Board at this time? (No response.) I think in response to the number of people that we had speak on Robins Island, I'd like to put this on the next agenda for discussion with the Supervisor, and in the meantime encourage him to contact the County Executive's Office, and see if we can uncover what's going on behind this deal, and then we'll take it from there. We'll have this on as a topic for discussion at our next meeting. I don't know what more we can do. With the limited number of people we have on the podium right now, it's unfortunate, but there's no action we can take at this time. Is there anyone else who would like to address the Town Board at this time? (No response.) Are there any Town Board members who would like to make any comments? Joe? COUNCILMAN LIZEWSKI: I would like to address the pe0ple~ who W~re interested in the Water Authority coming in, and that it is a trial study, and that the people will be given the right in this town to say yes, or no, in the Peco~oJc-Bay Boulevard area< and I think the reason it's.being done there is simply be];~se there is a posiDil, ity of sort of testing the waters before they go in. W~K'e not saying that they're%there yet, and we're giving the people on Peconi],c/13ay Boulevard the right to say y~, or no. It is a study, and it's not finalized~/ They will come back to the To~nBoard, and in a democracy I believe the/people have the right to say if they ~Lnt it, or they don't want it, and t/hat~s really what this is about. It's a very der~s~ area. It is an area where th~e~-e are some problems. On one side of the road ¥1~ere seems to be a lot less/problems on the north side of the road, so we're goir~Lto find out, and I thir~k that the best way to find out is to let them go ahead, ~n-~t~.do thieir study.~?rhey will come back to the Town Board. I think it's good to reah~,e that the Suffolk County Water Authority does not have to, did not have to go to~,~e! length§, that it is going to, to try to make this Water Authority powerful to this t~n,~but it has taken that course, and I have to tell you that I think it's wonder, fU'l~that an Authority of that stature has come down and said, okay, basically what dq, you think you want for the town? How do you want this done? We've talked abo~t~ it for many meetings. We have many meetings, and I still think it's being done in ~very fair manner, and it is going to be left with the people of this town. One othe~r thing I'd like to say is that I think I'm very upset as a Councilman as to someb~,the newspaper articles, that are written in our town, and do not have a lot of stu~,~ done behind them, and a lot of depth of reporting, and I'm really Upset that peop~te~ on this Town Board, who devote a good part of their life, and a good many ho'~s to this town whether you agree, or disagree with them, are singled out for basic'~a~ly harassment or haranguing by the newspaper. Sometimes they're misquoted.~Very seldom are they put in the true context of what is 9~oing on, and I feel tha't-%.l hope that in the future that when people talk about Consensuses, and people I~t things into the paper, that they do a little bit more depth in their reporting. Xlxknow that my phone is always open to anybody who wants to find out something.~,l'm certainly, as a public figure, not going to lie to aHybody. I'm going to tell them~hat I think, or I'm going to tell them what I know, and I think it behooves the I~ess in the future, if they want to make headlines in the papers, to make an effortX~to put some deoth into the reporting. I think it could help this town tremendously'~t~,o look into m~tters a lot deeper than the front page. Thank you very much. DEPUTY SUPERVISOR PENNY: Tom? ~3~ITED STATES DISTRICT COURT DISTRICT OF ~ YORK SOU~{OLD DEVELOPMENT ODRPORATION a/k/a BLUE LAGOON RESORTS, Debtor-in-Possession PLAINTIFF, official cpacity as Suffolk County Executive, q~OMAS BOYLE, in his official capacity as Suffolk County Attorney, JOAN Sf/{ERB, in her official capacity as C~LuHssioner of the Suffolk · C l%mty Re~l Estate Del:k%~hL~t, ROBE~r PIKE, ISLAND PRESERVATION FUND, INC., THE NATURE (IINSERVANCY, INC., NORi~H FORK BANK and TRUST C[IMPANY, DWIGSrr HOLBRDOK~ 'lTm; T(~4N OF TO: SEE A_mT~ICHED LIST - 9./ SUMMONS IN A CIVIL ACTION CASE NUMBER: ]UIxum '[ '" YOU ARE HEREBY SUMMONED and required to file with the C(erkof this Court and serve upon PLAINTIFF'S A'rrORNEY (nam~ and a,~dms$I -MELTz~2t, LIPPE, GOIIXgTEIN & h~DLF, P.C. 190 Willis Avenue ~ i · Min~la, New York 11501 an answer to the complaint which is herewith served upon you, within twenty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. ~,, RECEIVED . D(~ D E- r','-~ CLERK DATE CC: Town Board Town Attorney Chief of Police Supt. of Highways William F. Mullen, Jr. Griffing & Southwick r) 4~o I~ev. 5/85~ Summons In a Civil Action RETURN OF SERVICE Service of the Summons and Complaint was made by meI t DATE [] Served personally upon the defendant. Place where served: ~ Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: [] Returned unexecuted: [] Other (specify): STATEMENT OF SERVICE FEES ~ 1TM ' · ,--~..~DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of 'Service and Statement of Service Fees is true and correct. Executed on LIST OF DEFENDANTS Suffolk County County Center Riverhead, New York Patrick Halpin County Center Riverhead, New York 11901 1901 Thomas Boyle County Center ~iverhead, New York 11901 Joan Scherb County Center Riverhead, New York Robert Pike 138 Ostrander Avenue Riverhead, New York 11901 11901 Gregory Blass Peconic Bay Blvd. Jamesport, New York 11947 John Wickham Private Road Cutchogue, New York 11395 Thomas Wickham Private Road Cutchogue, New York 11935 Robins Island Preservation Fund, Post Office Box 928 Cutchogue, New York 11935 Inc. The Nature Conservancy 250 Lawrence Hill Road Cold Spring Harbor, New York 11743 North Fork Bank and Trust Company 9025 Route 25 Mattituck, New York 11952 Dwight Holbrook Breezy Drive 1 To~n of Southold Main Road Southold, New York 11971 Abigail Wickham. Main Road Mattituck, New York 11952 2 PLAINTIFFS SOUTHOLD~EVELOPMENT CORPORATION a/k/a BLUE LAGOON RESORTS, Debtor-in-Possession · (EXCEPTINU.S.P~INTIFFCASES) · ~T6~-~--N~-~E~ADDRESS. ANOTELE~ONENUMBER) I : Me~tzer, Lippe, Goldstein G Wolf,'P.Ci 190 Willis Avenue Mineola, New York 11501 I~ CIVIL COVER SHEET .0.. ~" The JS-44 ci~'il cavcr sheet and1~'intormati°n contaioed herein neilher replace nor s.~,,,enl the liling and ~ervice of pleadings or othe~ papers as required by law. except a~ provided by local ~ules of c~u~. ~his fe~m, approved by the Judicial Conference of the United States in September 1974, is reqdired for the use of the Clerk of Ceud Io~ the purpose of initialing the civil docket sheet: {For morR detailed iflstructiens, see separate instruction sheet.) DEFENDANTS S~K ~, PA~ ~, ~ his ~city as ~ffo~ C~ty ~., ~ ~, ~ his ~ci~ as ~ffo~ ~ty Atty., J~ S~, ~ her ca.city as Cu~,~. of ~al ~t. ~pt., ~B~ P~, ~RY B~S, JO~ ~4, ~[ ~, ~B~S IS~ P~TION ~, ~C., d ~U~ ~., ~ ~K, et ~. COUN~ OF RESIDENCE OF FIRST LISTED P~INTIFF 97~ k COUN~ OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S. P~INTIFF CASES ONLY} NOTE: IN ~ND CONOEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED A~rORNEYS (IF KNOWN) (PLACE AN [[] IN ONE BOX ONLY) BASIS OF ,JURISDICTION IF DIVERSITY, INDICATE D 1 U.S. PLAINTIFF [] 2 U.S. DEFENDANT ~[X3 FEDERAL QUESTION [] 4 DIVERSITY CITIZENSHIP ON REVERSE· (U.S. NOT A PARTY) (28 USC 1332, 1441} CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF' CAUSE) 42 U.S.C. 1983 a violation of the- Plaintiff's civil .rights to engage in its lawful business. (PLACE AN [] IN ONE BOX ONLY) NATURE OF SUIT ACTIONS UNDER STATUES B 441 VOTING 442 JOBS 443 ACCOMMODATIONS 444 WELFARE []~ 420 TRUSTEE [] 610 AGRICULTURE 4Z1 TRANSFER (015b) [] 620 FOOD & DRUG 4B;Z APPEAL (801) [] 630 UOUOB LAWS I SAFETY/HEALTH 840 TRABEMARK [] 690 UTHER MALPRACTICE [] 365 PERSONAL INJURY PRODUCT LIASIUTY [] 875 CUSTOMEB CHALLENGE USC 3410 REAPPORTIONMENT 410 ANTI-TRUST ::Town Board Town Attorney Chief of Police ORIGIN Supt. of Highway~ Wm F_M~III~n Jr. Griffina&Souihw cl (PLACE AN [] IN ONE BOX ONLY) 02 O3 CITIZEN~$HIP OF PRINCIPAL PARTIES ~(IF OIVERSITY) PTF DEF CITIZEN OF THIS STATE [] 1 ~ 1 INCORPORATED THIS STATE FOREIGN CORPORATION-PRINCIPAL PLACE OF BUSINESS IN --- STATE OTHER NON-CITIZEN OF THIS STATE ~t El4 Check YES only if demanded in complaint: JURY DEMAND: ~ Yes K~ No .hecklFtl[ n ~f demanoed m complaint. RELATED CASE(S) IF ANY IN RE: SOUTHOLD DEVELOPMENT CORPORATION JUDGE WEXLER DOCKET NUMBER CV 91-201. CIVIL CASES ARE DEEMED RELATED IF PENDING CASE INVOLVED Q I. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT E] 2. SAME ISSUE OF FACT OR GROWS OUT OF THE SAME TRANSACTION E] 3. VALIDITY OR INFRIN~EMENT OF THE SAME PATENT COPYRiGHT OR TRADEMA'RK ' A~BITRATION CER~FIcA~ON I, John Westerman, Southold._Development Corp.. a/k/a Rlue Lagoon ,counsellor Tn~ doherebycertify pursuant to the Local Arbitration Rule S(~ction 3(c),' that to the best of my knowledge and belief the damages recoverable in the above captioned civil action exceed the sum of $75,000.00 exclusive of interest and costs. Relief other ~han monetary damages is sought. DISCLOSURE OF INTERESTED PARTIES--LOCAL RULE 9 Identi~'y any corporate parents, subsidiaries or affiliates of named corporate parties: None · Did the cause of action arise in Nassau or Suffolk County? If you answered yes, please indicate which county. Others (2) (3) Su ffol ]c County of residence of defendant(s) Others (t) (2) (3) ,ql]ffnl k I am currently a member in good standing of the bar of this Court. YES ×× NO UNITh~3 STATES DISTRICT COURT EASTERN D[STRiCTOF'rNEW YORK SCLrI~{OLD DEVELOPMENT OORPORATION a/k/a BLUE LAGOON RESORTS, Debtor-in-Possession PLA/NTIFF, SUFFOLK COUNTY, pATRicK HALPIN, in his official cpacity as Suffolk County Executive, q~{OM~S 'BOYLE, in his official capacity as Suffolk County Attorney, JOAN SCHERB, in her o~ficiat capacity as Ccranissioner of the Suffolk · . O0unty Real Estate Deparh~_nt, ROBERT PI~E, GREGORY BLASS, JOHN WICKHAM, TOM WICKHAM, ROBINS ISLAND PRESERVATION ~OND, INC., THE NATURE ODNSERVANCY, INC., NORTH FORK BANK and TRUST (I~MPANY, DWIGHT HOLBRODK, THE TCWN OF' TO: SEE ATTACHED LIST SUMMONS IN A CIVIL ACTION CASE NUMBER: YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAI~ITIFF'S ATTORNEY (~ame ,nd ad~ress) MELTZER, LIPPE, GOLDSTEIN & WOLF, P.C. 190 Willis Avenue Mineola, New York 11501 an answer to the complaint which is herewith served upon you, within ~wanty (20) days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. CLERK DATE RETURN OF SERVICE DATE Service of the Summons and Complaint wax made by me1 NA,~41~ OF SERVER TITLE ~¢ck une bcx b~uw to indicate a~pr~e mc, thod of Served personally upon the defendant· Place where served: · E] Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: [] Returned unexecuted: [] Other (specify): STATEMENT OF SERVICE FEES I DECLARATION OF SERVER I declare under penaJty of perjury under the laws of the United States of Americ~ that the foregoing information contained in the Return of 'Service and Statement of Service Fees is true and correct. Executed on Addre= of Server LIST OF DEFENDANTS Suffolk County County Center Riverhead, New York Patrick Halpin County Center Riverhead, New York 11901 1901 Thomas Boyle County Center Riverhead, New York 11901 Joan Scherb County Center Riverhead, New York 11901 Robert Pike 138 Ostrander Avenue Riverh~ad, New York Gregory Blass Peconic Bay Blvd. Jamesport, New York 11901 11947 John Wickham Private Road Cutchogue, New York 11395 Thomas Wickham Private Road Robins Island Preservation Fund, Post Office Box 928 Cutchogue, New York 11935 Inc. The Nature Conservancy 250 Lawrence Hill Road Cold Spring Harbor, New York 11743 North Fork Bank and Trust Company 9025 Route 25 Mattituck, New York 119512 Dwight Holbrook Breezy Drive Noyack, New York Town of southold Main Road southold, New York 11971 Abigail Wickham Main Road Mattituck, New York 11952 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK SOUTHOLD DEVELOPMENT CORPORATION : a/k/a BLUE LAGOON RESORTS, INC., Debtor-in-Possession, : Plaintiff, : COMPLAINT -against= : civil Action No. SUFFOLK COUNTY, PATRICK HALPIN, in : his official capacity as Suffolk County Executive, THOMAS BOYLE, : in his official capacity as Suffolk County Attorney, : 'iJOAN SCHERB, in her official i~ capacity as Commissioner' : of the Suffolk County Real Estate Department, ROBERT PIKE, : GREGORY BLASS, JOHN WICKHAM, TOM WICK}{AM, ROBINS ISLAND : PRESERVATION FUND, INC., THE . NATURE CONSERVANCY, INC., THE : 'NORTH FORK BANK and TRUST ii COMPANY, DWIGHT HOLBROOK, TO%~ : OF SOUTHOLD, and ABIGAIL WICKHAM, : Defendants. Plaintiff, SOUTHOLD DEVELOPMENT CORP., a/k/a Blue Lagoon Lippe, Goldstein & Wolf, P.C., Inc., complains of the above-named Defendants and respectfully shows the Honorable Court and alleges as follows: JURISDICTION A_ND VENUE 1. This Court has subject matter jurisdiction entertain this action under 28 u.S.C. § 1343~ in that the acts to -1- hereinafter complained of constitute a violation of 42 U.S.c. § 1983. 2. All of the above-named Defendants either reside or are doing business within the Judicial District of the Eastern District of New York, and the claims asserted herein arose within said Judicial District. Accordingly, properly within the Judicial District New York. the venue of this action is of the Eastern District of PARTIES. Southold Development Corporation ("Plaintiff"), also :! known as Blue Lagoon Resorts, Inc., Debtor-in-Possession, said name 'change having been made by proper amendment to the Certificate of ~ Incorporation filed with the Secretary of State of the State of New York and granted on May 28, 1991, effective May 29, 1991, is a ! corporation duly organized under and existing by virtue Of the Laws · ~ of the State of New York, conducting business within the State of ~ New York with its principal place of business care of Po'st Office Box Z, Shelter Island Heights, New York 11965. At all time relevant to this Complaint, Claus Mittermayer was Plaintiff's duly authorized corporate representative in all matters hereinafter alleged. 4. Plaintiff was formed in 1979 to own, manage and market real estate holdings throughout this and foreign c6untries. 5. Plaintiff's sole assets are three parcels of real .i oroDecLv~ _ _ located' i,~ hhe To~n ns_ Scuthold, Ccunty o~-. Suff.~lk, State of New York. One of the parcels of real estate is known as Robins -2- Island, consisting of 435 acres, ~ore or less, more specifically described on the suffolk County Tax Map as District 1000, Section 134, Block 3, Lot 5. The other two parcels of real estate are two vacant lots located in New Suffolk, Town of Southold, County of Suffolk, State of New York, more specifically described on the suffolk County Tax Map as District 1000, Section 117, Block 8, Lots 19 and 20. (Collectively, these three parcels are referred to as -Robins Island" or "The Island.") 6. The Island was acquired by Plaintiff in July 1979, i!by warranty deed, from one Mackay and the possession of The Island !,has been continuously held by Plaintiff since said acquisition. 7. The primary business of Plaintiff, since 1979, has ii been the ownership management, upkeep, and marketing of The Island, i and the time, effort, and money expended by Plaintiff in preserving i! its interest The Island. 8. Defendant County of Suffolk (the "County") is municipal corporation, of perpetual duration, with the power to sue and be sued, and is organized .under and exists Dy vi~u~ v~ laws of the State of New York, with its principal office located at County Center, Riverhead, New York. 9. Defendant The Nature Conservancy (the "Conservancy") !i is a not-for-profit corporation, organized under the laws of The ii District of Columbia, operating within the jurisdiction of the U.S. District Court for the Eastern District of New York since it is ~.. d-o~nq ~usine~s u!th~n~the County end.maintains, an off~ce, among others, located at 250 Lawrence Hill Road, Cold Spring Harbor, New -3- York 11743. At all time relevant to the Complaint, John Kanns was a Trustee of the Long Island Chapter of the Conservancy. 10. Defendant Patrick G. Halpin as County Executive of Suffolk County, is the Executive of the County having assumed such office on or about January 1, 1988. 11. Defendant Thomas Boyle as Suffolk County Attorney, is the_Attorney of the County and has held such office during all time reievant to this Co~plaint. 12. Defendant Robert Pike is, upon information and belief, an attorney licensed to practice law before the Courts of ~ithe State of New York who, at all time relevant to this Complaint, 'irepresented groups and individuals that aligned themselves with the 'iCounty to unlawfully deprive Plaintiff of its right to develop, refinance or sell all or any part of The Island to parties interested in developing The Island. 13. Defendant Joan B. Scherb as Commissioner of the Suffolk County Real Estate Department was the duly appointed Commissioner of the Suffolk County Real Estate Departmen~ aha ne£a that position at all time relevant to this Complaint. 14. Defendant John Wickham at all relevant time has been involved -in the development plans for the east end of Long Island !! in that for twenty-four (24) years he served as the Chairman of the ii Southold Planning BOard, and upon leaving that position he joined the Suffolk CQunty !Planning commission. At all time relevant to this ComDlaln~ Defandant, Joh? Wickham_acted An concert ~itb other Defendants and assisted in organizing their assertion of a baseless -4- claim common~ty known as the Wickha~ Claim, the institution of a wrongful and unlawful which was manifested in lawsuit brought in the name of the Robins Island Preservation Fund, Inc., against Plaintiff before the United States District Court for the Eastern District of New York designated as Civil Action No. CV-89-1299 (the "Wickham Claim") which Claim was asserted to assist the County in preventing the development of The Island. 15. Defendant Thomas Wickham Was elected to the $outhold i Town Board in November of 1989; Defendant Thomas Wickham is one of many alleged heirs of Parker Wickham and participated in the institution of the "Wickham Claim." 16. Defendant Abigail Wickham is one of many alleged heirs of Parker Wick_ham who instituted the "Wickham Claim" and is one of the attorneys who during ail time relevant to the Complaint represented The North Fork Bank and Trust Company. Further, at all time relevant to this Complaint Defendant Abigail Wickham rendered service to The North Fork Bank and Trust Company with respect to the determination of the marketability of title for such properties as Robins Island. (Defendants John,Thomas and Abigail Wickham are sometimes hereafter referred to as the "Wickham Defendants.") 17. Defendant Robir~s_ Island Preservation- Fund, Inc. ("RIPF"), is a not-fer-profit corporation organized under the laws of the State of Maryland doing business in the County c~eated by certain of the alleged heirs of Parker Wickham and their su~orters; RIPF was the - ~ .'~ · ' -- pl~nt~_ whlch ~'instituted tk.e Wickham Claim. -5- 18. At all time relevant to the Complaint Defendant The North Fork Bank and Trust Company ("NFBT") held mortgages against The Island. NFBT instituted a foreclosure action against Plaintiff and, acting in concert with the County, did wrongfully and unlawfully coerce the Plaintiff into executing an alleged contract (hereinafter "Suffolk Document") to sell The Island to the County. At all time relevant to the Complaint, John Kanas was President of NFBT. 19. Suffolk County Defendant Gregory Blass is an attorney and a former Legislator. Defendant Blass is involved in the ~ienvironmental movement on Long Island to "save" Robins Island and ~ was the sponsor of legislation by the County that made funds 'available to acquire the "development rights" to a farm owned by ~ John Wickham. 20. Defendant Dwight Holbrook wrote an article entitled !i "The Wickham Claim" which was published in book form by the Suffolk County Historical Society with the aid of funds provided by the County. 21. Defendant Town of Southold (the ,'Town") is a !municipal corporation of perpetual duration, with the power to sue a~d to be sued. The Town is organized under the laws of~New York, with its principal office located at Main Road, Southold, New York. BACKGROUND 22. The Island consists of approximately 435 acres of land !ocatcd in tkc Peconic Bay, Suffolk County. The Island is designated as the "jewel" in a crown desperately sought to be worn -6- by environmentalists, politician~; com~on objective the unalterable and individuals who share as a goal of keeping The Island "forever wild". The determination that these groups share in realizing this common goal was accurately stated by Suffolk County Legislator, Steven Englebright, who said: " . I am willing to take whatever steps are necessary to that end (forever wild). If there is going to be a test of our will, w__e will meet the test". 23. On August 9, 1983, the County joined forces with the .well entrenched environmental team seeking to keep the Island "forever wild." It was on this day that the then Suffolk County Executive sig~ed a Resolution introduced by former Legislator Gregory Blass to commence negotiations for the purchase of The Island. That resolution appointed the Conservancy as agent to act on behalf of the County in the acquisition of The Island. This was i:the first official step taken by the County to acquire Robins -~-'- - 2~. ~r:~_ ti?e tc ti.~e ~-f~er August 9~ 1983 the County utilized funds provided for a program known as the "Open Space Acquisition Program" to induce various holders of the alleged Wi~kham Claim to wrongfully and un~awfully assist the County in its efforts to force a below-market sale of Robins Island to either Suffolk County or an environmental organization such as the Conservancy which shared the common 'goal from d~veloping Robins Island. of.preventing Plaintiff -7- 25. By utilizing funds Resolutions, the County made several Island. Each such offer represented a made available throuah offers to purchase Robins small fraction of the fair market value of The Island, and was rejected by Plaintiff. 26. To explain why Suffolk County was proceeding by attempted negotiated sale rather than by condemnation, thus enabling the County to control the amounts offered for the much sought after Island, former Suffolk County Legislator Gregory Blass admitted: "Condemnation is completely out of the question. It's both a political and practical impossibility. The problem is that the County takes title first and then settles the price later." This quote evidences that the County knew that its offers for The Island were far below The Island's fair market value, which is the actual measure of compensation required by condemnation. This quote also illustrates the fact that if the County were going to acquire The Island for such a small fraction of its fair market ~'ul~6'it re~ire~ ehe assistance of other 27. In seeking an ally that shared the common goal of preventing the Plaintiff from developing The Island, the County turned to the Suffolk County ~istorical Society, NFBT, the Conservancy and the alleged holders of the Wickham Claim for assistance. 28. In 1986 Suffolk County provided funding to the 'Suffolk County Historical Society which published a work by Dwight Holbr0ok entitled "The ~icknam Claim. -8- 1784 seizure of Robins Island by New York State from Parker Wickham. It was the position of this County-funded work that the 200 year old seizure, for which the Wickhams had been compensated by the British government, was enforceable as a contemporary claim. The Wickham Claim alleged as its basis an ownership interest in Robins Island and two parcels associated therewith derived from the Attainder of Parker Wickham in 1784. 29. Having created the Wickham Claim as a cloud on the !i title of The Island with the assistance of the Suffolk County :' Historical Society, the County then turned.to the Conservancy for iadditional help. With the adoption of Resolution No. 2144-86 !Suffolk County retained the Conservancy as an "agent" for 'negotiations with Plaintiff. In return for acting as an "agent" of iSuffolk County, by attempting to buy Robins Island in the name of "the Conservancy, the County promised to reimburse the Conservancy for the price paid for the parcels,.all expenses involved in their . acquisition, and a "brokers" fee equal to three percent of the !I acquisition price. With this relationship intact on November 18, :~ 1987, at the instigation of the County, the Conservancy made a written proposal to Plaintiff to purchase Robins Island for Six Million ($6,000,000) Dollars. This offer was rejected'by Plaintiff i since it did not reflect the fair market value of The Island. 30. Upon the belief that Plaintiff was coming to terms :!with another prospective purchaser of Robins Island, the County turned to the alleged Wickham heirs "to di~ss our~ kopcs-f~r the island and what the future might hold". In furtherance thereof, a -9- meeting was held on or about May 15, 1988, and was attended by John and Thomas Wickham as well as Joan Scherb, Gregory Blass and others. The purpose of the meeting was to ascertain the willingness of the Wickhams to institute a wrongful and unlawful claim of ownership to Robins Island. The meeting had the impact of increasing the prevalent understanding that the marketability of the title held to The Island by Plaintiff was in jeopardy. 31. With the passage of time, du~ to' the ~nlawf61 activities of the Defendants, the title held by the Plaintiff i!became less marketable. Despite these difficulties, Plaintiff was ~ able to conclude an agreement with The Robis Corporation ("Robis") ~on June 30, 1988 for the sale of the Island by Plaintiff to Robis for the sum of Fifteen Million Two Hundred Thousand ($15,200,000) Dollars (the "Robis Contract"). Realizing the possibility that 'there may not be sufficient obstacles in place to prevent the closing ~f title to The Island~ under the Robis Contract, the Defendants further enlisted the assistance of the Defendant Town of ~: Southold. On January 10, 1989, Defendant Town of Southold put into · ~place zoning modifications which up-zoned Robins Island from one ~! dwelling per two (2) acres to one dwelling for every ten (10) ~acres. As a result of all of the af°rementi~ned conduct, the i!marketability of title was impaired and Plaintiff was unable to iideliver clear title under the Robis Contract. In Aprii of 1989 ~iRobis instituted an action to compel Plaintiff to resolve the title ~:~robJems ann ~lo~e title to The Island under, the ~cbis Contract. -10- 32. On April 24, 198~, the Defendants induced the Wickhams to institute the Wickham Claim through RIPF and to file a lis Dendens against the Island. This claim was brought for the sole purpose of creating a further cloud on the title of The Island so as to interfere with any plans of Plaintiff for The Island such as refinancing, Sale for fair value, and/or development. 33. Wickham Claim, Several weeks after being persuaded to institute the the purported holders thereof received Tw~ HUn~d- and Twenty Thousand ($220,000) Dollars for the "development rights" to twelve (12) acres of John Wickham's farm. At the closing of this "deal" the County was represented by Patrick G. Halpin, Joan Scherb, then Town of Southold Supervisor Frank Murphy, and Town of Southold Councilwoman Ellen Larson. 34. Several weeks after the Defendant RIPF instituted i~ the Wickham Claim against Plaintiff, and just hours before NFBT was :~1 scheduled to conduct a foreclosure sale upon its mortgages against ;!The Island, Defendants unlawfully coerced and forced Plaintiff to i:. sign the Suffolk Document which is purportedly an agreemen~ ~o sell Robins Island for less than two-thirds (2/3) of its fair market ~value. This result was aided, abetted, and facilitated by the activities of John Kanas, simultaneously acting as a Pregid~ent of ~!NFBT and as Trustee of the Conservancy. NFBT which had previously ~i denied any adjournment of the foreclosure sale, g'ranted a conditional extension of the foreclosure sale since Plaintiff had aqreed to the ~ondition that it to ~ell ThE ~slan~ t~ Tka County through The Conservancy. -11- 35. Just as the plan o~ Defendants was about to come together to prevent Plaintiff from developing Robins Island the Honorable Judge Doyle on July 13, 1989, granted Robis Corporation a default judgment compelling the sale of Robins Island to the Robis Corporation under the Robis Contract. In a last grasp at the "jewel" of their dreams, the Suffolk County Attorney, Thomas Boyle, ._without the necessary legislative approval instituted an action to ~icompel the sal'e o~ the Island to the County. FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS 36. Plaintiff repeats and realleges each and every allegation contained in paragraphs numbered "1" through "35" of this Complaint as set forth herein, and makes the same a part of this First Cause of Action. 37. Subsequent to the election of Defendant Halpin and commencing in or about May of 1988 and continuing to the present :time, all of the Defendants did wrongfully and unlawfully pursue, deprive the Plaintiff of its federal rights to due process of law in engaging in the business of developing The Island in accordance witch applicable laws. 38. In furtherance of said wrongful and unlawful plan, !ischeme and design and under color of state law, the Defendants ", wrongfully and unlawfully committed acts which resulted in taking ii Plaintiff's property without notice or an opportunity to be heard, and further acts which were in excess of Defendants' lawful -12- authority, thereby depriving Plaintiff of its property witl~Out due process of law, all such acts were and are in violation of Plaintiff's civil rights as guaranteed by the Fourteenth Amendment to the Constitution of the United States. Said wrongful and unlawful acts included, but were not limited to, the following: 39. Defendants Halpin, Scherb and Boyle did on or about July 14, 1989, wrongfully a~d unlawfully file or cause to be filed in the Supreme Court of New ~ork, County of ~uffolk, an action by the County of Suffolk as plaintiff against the Plaintiff and Claus Mittermayer as defendants, Index No. 89-12468, seeking the specific performance of the Suffolk Document and for the recovery of compensatory and punitive damages arising from the alleged fraudulent breach of the provision of said Document accompanied by the filing of a lis pendens on the sole assets of the Plaintiff. The institution of said action was in excess of the lawful authority of Defendants Halpin, .Scherb and Boyle as County Executive,' Commissioner of Department of Real Estate and County iI Attorney, respectively, of the County, and was done said by Defendants solely to wrongfully and unlawfully hinder, harass, interfere with and impede the Plaintiff in engaging in its business of selling and marketing i-ts properties in accordance with applicable law. Such conduct on the part of said Defendants was committed under color of state law and was aided, ab~tted and participated in by all of the De.fendants in pursuance of such common d~sign, schedule and Dlan. -13- 40. Pursuant to said co~hmon design, sch-sme, and plan to deprive the Plaintiff of its right to engage in its business of selling and developing its properties in accordance with applicable laws, the wrongful and unlawful conduct of the Defendants had the effect of unlawfully placing a cloud upon the title of the properties of the Plaintiff thereby reducing their marketability and preventing their sale and use as security for financing and forcing the Plaintiff to seek protection Chapter 11 of the United States Bankruptcy Code all to Plaintiff's injury and damage. Said misconduct has caused Plaintiff to suffer severe injury and damage in the sum of Two Hundred Million ($200,000,000) Dollars. SECOND CAUSE OF ACTION , AGAINST ALL DEFENDANTS 41. Plaintiff repeats and realleges each and every allegation of paragraphs numbered "36" through "40" of this Comp%aint as if set forth herein and makes the same a part of this Second Cause of Action. various offices in the Suffolk County Government took place with elections being held in November 1987 for terms beginning January 1, 1988. In the race for the Offic~ of County Executive, Defendant Halpin was elected. On information and belief an integral part of Defendant Halpin's platform was the expansion of the "O~en Space Program" in Suffolk County by the'further acquisition of lands to be designated by the Commissioner of the Department of Real Estate. Defendant, Joan B. Scherb, was appointed by De~enaant Haipin to be -14 - suc!'~ Commissioner, and she assumed~her duties on or about April 1, 1988. Defendant Scherb met' with Defendants Gregory Blass, John and Thomas Wickham and others in or about the month of May 1988 for the purpose of effectuating a common design to wrongfully and unlawfully importune the Wickham Defendants into participating in the creation of a cloud upon the title of The Island. The effect of this common design was to reduce the marketability of The Island. Said Defendants knew 'at the time of said meeting that the assertion of a claim of a proprietary property was without foundation in law, merit. Nevertheless, said Defendants wrongfully and unlawfully agree to participate in the assertion of interest in Plaintiff's frivolous, and devoid of with such knowledge did said bogus claim so as to wrongfully and unlawfully hinder, harass, interfere with, and impede the Plaintiff in engaging in its business of developing its properties. 43. As a result of said meeting in May 1988, the Plaintiff was unable to deliver a marketable title to the Robis Corporation as required by the Robis Contract. 44. The Wickham Claim had its origin over two hundred ~i (200) years ago and it was generally known to title abstract companies t~roughout the U.S. that such claims were not considered as a cloud upon the title to real property nor did they, in any way, impair the marketability of real property. Said st~le claim only became an effective cloud upon title to The Island after the DefeD~ar, ts' wrongful and unlawful conduct of_in~u~ing the Wickham Defendants to first publicize their intent to assert said stale -15- claim and then pursue such bogus ~laim by instituting the Wickham Claim on April 24, 1989, in the United States District Court for the Eastern District of New York under civil Action No. CV-89-1299. 45. Defendants organized or encouraged the organization of RIPF as a not-for-profit corporation for the sole purpose of furnishing a shell entity to institute a lawsuit that would deter title insurance companies from insuring the marketability of Plaintiff's title to The Island. Such refusal to insure was not based upon the merits of the "Wickham Claim" to an actual ownership interest in The Island but upon the economicconsiderations arising from having to defend against potential lawsuits of the many alleged Wickham heirs. Not being able to use The Island either for purposes of sale or as security for funds to develop same, the Plaintiff, on July 20, 1989, commenced its Chapter 11 case thereby incurring substantial costs, in an attempt to reorganize and I salvage available in Island and to it .to any equity The permit !icontinue unlawfully solicit assignments to RIPF from alleged Wickham heirs of their alleged proprietary interest in The Island in exchange for a discount on the price p~ copy of the book allegedly authored by :Defendant Holbrook and published by the 'Suffolk County Historical Society, an organization partially supported by The County, which publication costs, upon information and belief, amounted to Twenty- ~ ~h~usand ~S22.000) Dollars. .~ 47. All of the acts of the Defendants described in its business of selling and developing real estate. ~ 46. The Defendant Dwight Holbroo~ did wrongfully anG -16- paragraphs "41" to '~46" both i~clusive set forth above were performed under color of state law in that each Defendant, at divers times and places during the period 1988 through July, 1989, and within the jurisdiction of the United States District Court for the Eastern District of New York, did, in concert, wrongfully and unlawfully participate in a common design, scheme, or plan to deprive the Plaintiff of its right to engage in its business of managing, marketing and developing The Island according to applicable law. 48. Said wrongful and unlawful misconduct set forth in !the paragraphs numbered "40" to "47" both inclusive has caused the 'Plaintiff to suffer severe injury and damage in the sum of Two Hundred Million ($200,000,000) Dollars. THIRD CAUSE OF ACTION AGAINST ALL DEFENDANT~ i! 49. Plaintiff repeats and realleges each and every [lallegation contained in paragraphs numbered "40" through "48" of a part of this Third Cause of Action. 50. As a result of the common scheme and design of the Defendants, the Defendants did,. on or ~bout June 7, 1989, wrongfully and unlawfully procure by coercion and duress the .iexecution, by the Plaintiff, of the Suffolk Document, purporting to sell Robins Island to the Defendant County for the sum of Nine Million and Two Hundred Thousand ($9,200,00.00) Dollars. Said -17- unlawful coercion and duress t~ok circumstances: 51. In the period placed mortgages against The Million Two Hundred Thousand was the mortgagee of two mortgages, Thousand ($1,100,000) Dollars and Fifty Thousand ($850,000) Dollars. place under the fol]e~ing of 1984 - June 1987, the Plaintiff Island in the total amount of Tw~ ($2,200,000) Dollars, in which NFBT one for One Million One Hundred another for Eight Hundred and There was also a mortgage to the Southold Savings Bank against The Island in the amount of Two Hundred and Fifty Thousand ($250,000) Dollars. The $outhold Savings Bank was merged into the NFBT which therefore became the holder of all mortgages. In each instance that a mortgage was placed against Robins Island during said period, title insurance on Robins Island was duly issued. The existence of the "Wickham Claim" such insurance. On action because said was no obstacle to the issuance of August 2, 1988, NFBT filed a foreclosure mortgages were in default for failure to pay the principal a~d ii interest due, and June 8, 1989, was designated as the date oi foreclosure sale for The Island. 52. On April 24, 1989, Defendants John and Thomas Wickham, together with Defendant Robert D. Pike, partici~a.ted in the filing of the spurious and groundless Wickham Claim as the basis for disputing with Plaintiff its title to Robins Is'land. The assertion of the Wickham Claim in said lawsuit fulfilled Defendant Blass' public's~at=~ent khat, '~the :4. ic~ham_.~.Claim will scar~-_ off. would-be-developers of Robins Island," and transformed a -18- theretofore purring pussycat into'a raging ~'_ger, beclouding the title of Robins Island. 53. During that time Plaintiff sought refinancing of The Island. The appraised value of Robins Island, at that time, was Fourteen Million ($14,000,000) Dollars and Plaintiff's indebtedness to the mortgagees was approximately Two Million Two Hundred Thousand ($2,200,000.00) Dollars, leaving an available equity that :was more than adequate to raise Two Million Two Hundred Two Thousand ($2,200,000)_ Dollars to discharge said mortgages. ii Applications made by Plaintiff to title insurance companies !i throughout the United States for title insurance were all denied. '~ The reason given for such denials was uniform; no insurance company !iwas willing to buy a lawsuit. It was not a good insurance risk :~ inasmuch as the insurer would have to defend each lawsuit brought by the alleged Wickham heirs, and they were many. 54. Negotiations between the County and Conservancy on il the one hand and Plaintiff on the other concerning a sale of Robins ~i Island to the Defendant County were held beginning in May 1989. 55. At a meeting of the Plaintiff with the Defendant i County and Conservancy, Claus Mittermayer was separated from the i negotiators fo'~ the Plaintiff, the County and the Conservancy. 56. At one time, early -in the negotiations, it was !!relayed to Claus Mittermayer that the County was willin~ to pay iiTwelve Million ($12,000,000) Dollars for all of the Island, or Ten · ,Mrllo,~ ($1~.000.00~')'Doila',-s with the Plaintiff~ retain.ing t::o lots on The Island plus the two mainland business zoned parcels, plus -19 - the riparian rights around Robins ~sland for aqua-cultural use. In addition, because the County/Conservancy offer was below the fair value of Robins Island, Defendant County and Conservancy offered to provide as a tax deduction for Plaintiff the difference between the fair market value and the "bargain sales price." It was further a part of the Conservancy/County offer to provide approximately $4-5 million dollars of_ refinancing so that the foreclosure sale could be prevented and ~laintiff c~uld ~esolve-some of its pressing financial obligations prior to title closing. 57. Claus Mittermayer was further informed that since lithe Defendant County and Conservancy were instr~k~ental in creating ~iand asserting the Wickham Claim that only they would be able to {resolve it. 58. The following morning, Plaintiff ~reluctantly i acquiesced to the Ten Million ($10,000,000) Dollar package. Later that day, Claus Mittermayer was- lnformed that the De~endant County Ilh~d changed its mind and was interested in only a complete sale for i!Eight Million and Two Hundred Thousand ($8,200,000.00) Dollars. 59. The Defendants were utilizing the passing of each day to increase the pressure on the Plaintiff resulting from the impending loss of Th~ ~Island to a foreclosure sale in order to reduce the acquisition price of The Island. 60. The Conservancy stood to make a substantial profit 'iin consummating the sale in that it had a direct financial interest ~in t~e ac~uisitlun cf ~ ~ · ' ~an~ for tko Defendant County's "Open Space Program.,, Specifically, the Conservancy received a percentage of -20- the selling price of the land as ~cquired by the Defendant County through the aid of The Conservancy, plus all of its expenses incurred in each such acquisition. The Conservancy was acting as an acquisition conduit for the County under its "Open Space Program." The Conservancy would derive further income from those land acquisitions requiring "management". 61. The Eight Million Two Hundred Thousand ($8,200,000) 'Dollar offer of the County not being acc~ptabl~, the Plaintiff ~iresumed its negotiations with other interested parties to either sell or refinance The Island in an attempt to prevent the foreclosure sale. Plaintiff's efforts were fruitless not only because of its inability to obtain title insurance on.. Robins ~Island, but also because previously interested investors were warned by the Defendants "to back off" since Robins Island was to be purchased by the County. 62. These activities of. the Plaintiff continued into !I June until Plaintiff met the Aston Group which was willing to stru. cture an arrangement to refinance the mortgages and thus prevent the foreclosure sale. These investors required a letter agreement on the purchase of-Robins Island. 63. On June 5, 1989, the Aston Group was infor~ed that Robis Corporation had obtained a Temporary Restraining Order restraining Plaintiff from negotiating or selling Robins island to anyone. This order was temporarily " -64.' 'On June 7, '1989, .the 71ai~iZf~ thr:u~k tha A~ton Group, went to Defendant NFBT and offered to pay Defendant NFBT -21- Four Hundred Thousand ($400,000) ~ollars in order to adjourn the auction date for 30 days. If the Plaintiff or the Aston Group did not satisfy Plaintiff's indebtedness to the Bank within the 30 days, the Defendant NFBT could keep the Four Hundred Thousand ($400,000) Dollars with no strings attached. NFBT refused such offer. 65. At the time of such refusal, Defendant Abigail Wickham, of the law firm of Wickham, Wickham & Bressler, was the : attorney representing NFBT. At that time, .Defendant John Kanas :i was the President of said Bank and was a member of the Board of ti Trustees of the Long Island Chapter of the Conservancy. Also, at that time, Jay Wickham was a Director of said Bank. 66. Later, on the same day, after the refusal of the .i adjournment, the Plaintiff was informed it had no alternative but ~i to make a deal to sell Robins Island to the County. Pursuant to i~ that information, a conference with ~the County and Conservancy was ~i arranged following the same format as in the prior meeting, i.e., ~i separate negotiating rooms -- one for the seller and a separate one :for the buyer. No face-to-face contact between the parties was ~, permitted although Plaintiff requested such face to face negotiations. 67. Claus Mittermayer was informed that the County would · . pay Nine Million Two Hundred Thousand ($9,200,000) Dollars and the ~. offer was not negotiable. Plaintiff was further informed that NFBT · w~u~d a~cept onl~ a~'con~r~c~ in whi.ch the C~unty was th~ purchaser. With this information in hand, Claus Mittermayer, representing the -22- Plaintiff, proceeded to contact ~he Aston Group through Douglas Reimer for a meeting. This meeting was arranged and took place in the lobby of the building where the Defendant County negotiators were meeting. 68. Thereafter, Claus Mittermayer went to his negotiating room upstairs and then to the Defendant County meeting room. TherD, Claus Mittermayer, as Plaintiff's representative, was presented with the Suffolk Document and told to sign same. 69. Such duress and coercion deprived Claus Mittermayer, of the opportunity to exercise reasonable business judgment to ~ilawfully perform a binding corporate act. 70. Therefore, John Kanas, President of NFBT, demanded ~that the Plaintiff pay $30,000 to said Bank's attorney's offices i (Wickham, Wickham and Bressler) by 8:30 a.m. June 8, 1989 in order ~lto obtain an adjournment for 30 days of the foreclosure sale. 71. It was about ll:00.p.m, on June 7, 1989, that iiPlaintiff asserted he had no idea where the Thirty Thousand ($30,000) Dollars was to be raised; at this time Mrs. Prudence ~iFairweather, a friend of Mittermayer who had been at these ~negotiations, told all present that Claus Mittermayer did not appear to be mentally or physicali~ sound enough to sign the Suffolk Document and further that it should be signed the next day. 72. Claus Mittermayer was told that Defendant John Kanas land Defendant Halpin had already been informed that, "'this is a d~ne de~!~ ~d that the Defendant's ~ocume~t-~ust ~be si~d befo~e~ Claus Mittermayer leaves this building." -23- 73. Plaintiff executed~the docun:e~t prepared by Defendant County at approximately midnight. 74. The remainder of the night was spent in acquiring the required Thirty Thousand ($30,000) Dollars which was accomplished. Arrangements had been made, in Connecticut, for the money, a check, was obtained and Mittermayer then went at 8:30 a.m. to the law offices of wickham, Wickham and Bressler. Abigail wickham, NFBT's lawyer, arrived at the office at 9:15 a.m. and then proceeded to object to the check and demanded that the $30,000 be accompanied by a wire transfer of the funds, which was done. i!Abigail Wickham then presented a document for execution by Plaintiff agreeing that the Thirty Thousand ($30,000) Dollars was not to be a credit against the indebtedness, but a fee for the adjournment. Since the sale was set for 10:30 a.m., said Thirty Thousand ($30,000) release document was executed by'Plaintiff. il Abigail Wickham required Claus Mittermayer to produce appropriate identification, although she knew Mittermayer, personally, for many years before. 75. Courthouse and Said Abigail Wickham left the office for the at 10:25 a.m. was notified that the $30,000 wire 'transfer was completed. The foreclosure sale~cheduled for 10:30 a.m. was then called off and adjourned to July 6, 1989. 76. All of the foregoing acts of the Defendants were part of an unlawful and wrongful plan, scheme or design whereby ~i~ ~fendants actinq in con~t with ~ch other, did wrongfully and unlawfully hinder, harass, impede, and interfere with the -24- Plaintiff's right to engage in its business of marketing and managing its real properties according to applicable law, thereby unlawfully depriving the Plaintiff of its civil rights. 77. All of the foregoing acts set forth in the Complaint at paragraphs "49" to "76", both inclusive, were committed by the Defendants under color of state law and pursuant to a common idesign, plan, or scheme of the Defendants to deprive the Plaintiff !~of its right to lawfully engage in its business of marketing and managing its real properties. Said acts of the Defendants had for their intent and purpose the deprivation of Plaintiff's civil rights guaranteed by the Constitution of the United States and the Fourteenth Amendment thereto. 78. Said wrongful and unlawful conduct of the Defendants ,,in depriving the Plaintiff of its civil right to engage in its' lawful business has caused the Plaintiff to sustain damages in the sum of Two Hundred Million ($200,000,000) Dollars in that the "Plaintiff was forced to file a petition in Bankruptcy to preserve :fits assets and discharge its financial '~bligations, to incur ,'enormous litigation expense, to forego lucrative business i!opportunities and to endure the stigma of impaired financial standing. 79. With respect to the non-municipal Defendants, Plaintiff demands judgment awarding not only compensator~ damages as set forth above but also punitive damages in such amount as to make ~n examDle of said Defendants and to deter others fro~ ~i~i!ar -25- conduct in the future of not less than Two Hundred ~illion ($200,000,000) Dollars. 80. Plaintiff further demands judgment for its attorney fees and costs incurred in prosecuting this action. WHEREFORE, Plaintiff respectfully requests a judgment against the above-named Defendants as follows: compensatory ($200 000,000) severally; compensatory Upon the First Cause of Action in this Complaint, damages in the amount of Two Hundred Million Dollars against each of the Defendants jointly and Upon the Second Cause of Action in this Complaint, damages in the amount of Two Hundred Million ($200,000,000) Dollars against each of the Defendants, jointly and severally; 3. Upon the Third Cause of Action in this Complaint, iicompensatory ' ~ damages in the amount of Two Hundred Million ($200,000,000) Dollars against each of the. Defendants jointly and !iseverally and also punitive damages against the non-municipal i iDefendants in such amount as to make an example of said Defendants, iand to deter others from Similar conduct in the future of not less i!than Two Hundred 'Million ($200,000',000) Dollars; together with -26- Dated: 4. Such other relief a~ the Court deems just. Mineola, New York October 16, 1991 MELTZER, LIPPE, GOLDSTEIN AND ~OLF, P~C. torneys for Plaintiff 0 Willis Avenue Mineola, New York 11501 (516) 747-0300 -27- JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 25, 1992 To: From: Re: All Southold Town Departments Judith Terry, Town Clerk Robins Island Attached is a request under the Freedom of Information Act with respect to documents pertaining t~o Robins Island. Please review this request very carefully and submit to me copies of everything you have on the subject at your earliest convenience. Thank you. Supervisor Town Attorney Board of Appeals Assessors Planning Board j Building Department Trustees Community Development Historian Superintendent of Highways SCHEDULE A Request from the Town of Southold under the Freedom of Information Act 1. ResolutiOns or Recommendations pursuant to Sec. 239-m of the General Municipal Law, the Suffolk County Charter or any other Municipal Ordinance or Statute which may have been issued by the Suffolk County Planning Commission in relation to the up-zoning of Robins Island or in any way relating to Robins Island. 2. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence' etc.) relating to Robins Island, involving the Town ofiSouthold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Suffolk County Government (including any representative or agent thereof). 3. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Nature Conservancy (including any representative or agent thereof). 4. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of!Southold (including any representative or agent thereof) and any Branch or subdivision of the Peconic Land Trust (including any representative or agent thereof). 5. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the Seatuck Research Program (including any representative or agent thereof). 6. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of iSouthold (including any representative or agent thereof) and a~y Branch or subdivision of the Cornell Laboratory of OrnitholOgy (including any representative or agent thereof). 7. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of iSouthold (including any representative or agent thereof) and the Southold Development Corporation (including any representative or agent thereof). 8. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the New York State Government (including any representative or agent thereof). 9. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the United States Government (including any representative or thereof). 10. Any ahd all Documents (including Minutes of Meetings, Memoranda, ~orrespondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent!thereof) and the Robins Island Preservation Fund, Inc. (including ~ny representative or thereof). 11. Any a~d all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the Suffolk County Historical Society (including any representative or thereof). 12. Any and all Documents (including Minutes of Meetings, Memoranda, ~orrespondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the North Fork Bank and Trust Company (including any representative or thereof). 13. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Roblhs Island Advisory Committee (including any representative or thereof). 14. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agen~ thereof) and any Branch or subdivision of the Group for the SoUth Fork (including any representative or thereof). 15. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch or subdivision of the North Fork Environmental Council (including any representative or thereof). 16. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the United States Army Core of Engineers (including any representative or thereof). 17. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Suffolk County Department of Parks (including any representative or ~hereof). 18. Any and all Documents (including Minutes of Meetings, Memoranda, !Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Suffolk County Department of Conservation (including any representative or thereof). 19. Any and all Documents (including Minutes of Meetings, Memoranda, !Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and any Branch, Agency or subdivision of the Southold Town Democratic Committee (including any representative or thereof). 20. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Dwight Holbrook (including any representative or agent thereof). 21. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or ageht thereof) and Robert Pike (including any representative or agent thereof). 22. Any and all Documents (including Minutes of Meetings, Memoranda, iCorrespondence, etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agen~ thereof) and John Wickham (including any representative or agent thereof). 23. Any and all Documents (including Minutes of Meetings, Memoranda, !Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Thomas Wickham (including any representative or agent thereof). 24. Any and all Documents (including Minutes of Meetings, Memoranda, iCorrespondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Gregory Blass (including any representative or agent thereof). 25. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Fred Thiele (including any representative or agent thereof). 26. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Steven Englebright (including any representative or agent thereof). 27. Any and all Documents (including Minutes of Meetings, Memoranda, iCorrespondence etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agent thereof) and Patrick Halpin (including any representative or agent thereof). 28. Any and all Documents (including Minutes of Meetings, Memoranda, !Correspondence etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Joan Scherb (including any representative or agent thereof). 29. Any and all Documents (including Minutes of Meetings, Memoranda, !Correspondence etc.) relating to Robins Island, involving ~he Town of Southold (including any representative or agen~ thereof) and Thomas Boyle (including any representative or agent thereof). 30. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Claus Mittermayer (including any representative or agent thereof). 31. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Arthur Krener (including any representative or agent thereof). 32. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Congressman George Hockbruckner (including any representative or agent thereof). 33. Any and all Documents (including Minutes of Meetings, Memoranda, Correspondence etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Larry Penny (including any representative or agent thereof). 34. Any and all Documents (including Minutes of Meetings, Memoranda Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Kevin McDonald (including any representative or agent thereof). 35. Any aind all Documents (including Minutes of Meetings, Memoranda Correspondence, etc.) relating to Robins Island, ~volving the Town of Southold (including any representative or agen~thereof) and Valerie Scopaz (including any representative or agent thereof). 36. Any a~d all Documents (including Minutes of Meetings, Memoranda Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agen~ thereof) and Chris Kelly (including any representative oragent thereof). 37. Any a~d all Documents (including Minutes of Meetings, Memoranda Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Ronnie Wacker (including any representative or agent thereof). 38. Any and all Documents (including Minutes of Meetings, Memoranda Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agent thereof) and Ruth Oliepa (including any representative or agen~ thereof). 39. Any add all Documents (including Minutes of Meetings, Memoranda Correspondence, etc.) relating to Robins Island, involving the Town of Southold (including any representative or agen~ thereof) and James Gray (including any representative or agen~ thereof). 40. Ail DOcuments (including Minutes of Meetings, Memoranda, CorrespondeRce, etc.) concerning or involving Robins Island. 41. To th~ extent there are no documents for a particular category a letter is requested stating that there are no documentation. TIlE FI,ORA OF IlOBINS ISLAND: AN OVERVIEW Robins Island, cor~prising some 550+ acres, is the smallest of the three islands situated roughly half~ay between the north and south forks of Long island, New York. It is, nevertheless, sufficiently large and topographically diverse to support a relatively large undisturbed native flora that is in general reflective of the native eastern Long Island flora and, probably, is more suggestiye of the original, i.e., pre-settler eastern Long Island flora than any other similar-sized Long Island floral region thus far studied. One needs only to spend a few hours on the island to note the remarkably low ratio of foreign-introduced plants to native plants in comparison to this ratio for Shelter Island and Gardiners Island, as ~ell as for mainland Long Island areas. The fact that it is the easternmost of the three islands and is therefore more '~eterologically" protected no doubt contributes to the richness and originality of its vegetation, The island is divisable into distinctive floral sub-types. The most expansive of these is tbe upland-dryland region composed primarily of oak hardwood com- munities and characterized by true overstory, understory and forest floor zones. The native overstory consists of at least 6 species of oaks, some apparently hundreds of years old, and mockernut hickory, American beech, sassafras and red maple (in the damper soils). Several of these species (es. chestnut oak, black oak, red maple, sassafras) exist in pure stands of what appears to be primary and late-mature secOn~tary growth, indicative of stable growth in un- disturbed sites over a long per~od of time. T~ native understory is two- layered. The upper layer is composed chiefly of s~aller individuals of the overstovy species and tall shrubby species such as Juneberry, black cherry, dogwood, elddrberry and arrovz~,~ood, to name so~e of them. The lower layer The Flora Of Robins IslanC-2 consists chlefly of blueberries and hueElcberries, sweetfern, bracken fern, male- berry, blackberry, winterberry and bayberry. The forest floor consists of various herbs: wood strawberl~y, wood sorrel, Deptford pink, wood aster, ~J~ite violet and others. Various mushrooms, lichens and other cryptcgrams co~plete the forest- floor layer. It would appear that well over 400 acres of the island are opland-woodl~nd .in their floral compo~ition. It is interesting to compare this upland region with those of shelter Island and Gardiners Island. Whereas, there are some Shelter Island areas (eg~ Mashomack) with well-developed, relatively mature oak woodland habitats, in general, these islands' native trees are s~bjected to the ravages of several harmful exotics (eg. Japanese honeysuckle) and harmful native plants~ as well (eg. wi!d grape, greenbrier). Consequently, ~hese islands' large native woodland trees are com- mensurately not as healthy appearing, while the ratio of dying--dead to not-dying-- dead plants is similarly very high. It is supposed that the relatively unbroken ~.plands of Robins Island in the absence of clearing, farming~ road-building and the like accounts for the relatively unmolested, intact nature of its woodlands. In addition to the oak woodland co~nunities, there are Pitch pine-oak, grassland- meado'~, fresh-water marsh, aquatic, salt marsh and beach communities, each relatively rich in species' diversity and typical in species composition. For example, the salt marsh vegetation bordering the brackish pond at the northwestern end includes such ~ypical indicator grass species as cord grass and salt-meadow grass, as well as the associates, spike grass and black grass. Non-grass salt marsh species in- clude the indicators glasswort, marsh elder and groundsel tree. It would be inter- esting to ascertain the age of this salt marsh with respect to the ages of close- lying mainland salt marshes such as those in New Suffolk (to the north) asd North Cea (to the south). Apparently, the brackish pond has remained fairly undisturbed and healthy over the years and its vegetative producer base provides a stable food fecundation for the food pyramid euding in the top consu,'~er layer--the herons, %~hich b~eed so abundantly a~d successfully in the nearby trees year after year. There are at least three fresh-x~ater pond-marsh systems, all lying on the %~est sids of the island in close proximity to the shore. Interestingly, they ail differ somewhat florally, probably ~ing to their degree of pemnanence,--the southernmost one partially dries up seasonnlly, and their proximity to sea water--the n~iddle pond nearly touches the sea at its eastern end and, consequently, give:z; rise there to an extensive zone of plume grass which makes its ¥;ay down to the shore from the pond's edge. The aquatic vegetation in these ponds consists of such typical species as pond weed (Potomqget~3/ sp. ), duck%*~eed (Lemna sp.), loosestrife, water purslane, water smartweed and sedges (Cyperus sp.), while the marshy edges harboz- such t~ical species as wild rose, s~an~ milkweed, marsh St. Johnswort, poison sumac, elderberry and marsh bedstra'~. Interestingly, no. cattails have been reported for the island, but they r~ay have been overlooked. The beech vegetation is somewhat depauperate along the western edge, possih!y, owing to constant on-going erosion of the beach zone which is very ~arrow (less than 10' at high tide) there. Snch typical beach-shore species as beach grass, seaside goldenrod~ beach heather, seaside spurge, sa!t~,,ort, .seabeach ~not~eed and sea roclce~ occur profusely around the island. Upper-beach species s~ch as bayberry, salt-spray (or dune) rose, poison ivy and p~rickly-pear occur scattered around the island in those areas north, east and south, having an upper-beach zone. Strangely, beach plum (~ u~ ~ ~arzt~a.), a typical upper-beach species common to both north and south fork upper-beach zones, is thu~ far unreported. It is conceivable that it never successfully invaded the island, but, also, ~nay have been overlooked. Other eastern Long Island species that could be on Robins Island, but are thus far unreported, are the trees, sourgt~m or~upelo (~Xs~ sylvatica), although record-size specimens are reported for Gardiners Island by George Peters, American holly (Ilex 9.pa~t!), pin oak (~uerct, s i?a]ustris), Americon sycamore occide~talfs), tulip tree (~,,~oden~ro.~ l't~!~EJ~er!), pignut hJckory (Ca~E ~DJ~%), shagbark hickory (Carve ovate), The Flora Of Robins Island-4 ~), v~hite ash (Fraxinus american~.), green ash (Fraxinus pi~.nnsMl__v.a~!nic__~), black ash (Fraxtnu____~s n~_!~g, er), eastern hemlock (Tsuga canaden.~s) and ~.*hite pine (Pinuz strobus), ~hich occurs sporadically in south fork localities, espe~cially just east of Sag Harbor where it occurs in a relatively large stand. Eastern Long Island shrubby species such as sweet pepperbush (Clethra alnifolia), mountain laurel (Kalmia latifotia), sheep laurel (?almia ~ngnstifoli~), s~amp azaleg~hododendron viscosnm), pink azalea~hododendron nndiflorum), bearberry (.Arctastaphylo_ s uva-ursi), trailing arbutus (Epi~.~_~ repen_%), smooth sumac (Rh_.~2~- glab.ya), staghorn sumac (Rhos t_yphin__a) and choI~eberry (?yru~ sp.) are also unreported for Robins Island. Several eastern Long Island herbs (es. ~,'intergreen, pipsissewa) are also unreported for the island. It is most liI~ely that several of these "missing" elements will be found there in the future upon closer inspection. Indeed, this observer in only two hours of investigation was able to add several species (see attached floral lists) to Peters original list of 1956. Obviously, further study is needed before any definitive statea~ent with respect to the flora of Robins Island can be made. Less than 50 acres has been severly altered. At the northern end, where the main buildings occur, there are several acres do~ninated by such introduced and escaped plants as hlacl~ Bcust, sweet cherry, white poplar, Norway maple, Japanese honey-- suckle and a few others. However, it appears that Chis "exotic invasion" has been stopped and, indeed, in many of the zones where these aliens and the native flora overlap, the native flora seems to be holding its own and, even, ~inning[ A further testimony to the relatively nndisturbed nature of the island's flora is the very remarkable fact that apparently two of its trees---poison sumac and elderberry---are officially the largest of their species in the Halted States (American Forestry Association, cf. Peters, Ceorge, 1973, Thc Trees of Lon:~'~ Island, p. 53). Long .Island, in all, has 18 of the nation's largest individual trees (a remarkable feat in itself). Seven of these belong to species native to Long Island; in other words, 2/7 or ca. 30% of Long Island's national record-holding native The Flora Of Robins Island-5 tree species occur on Robins Island, and this is even more amazing when one consi- ders that Robins Island ia probably the most poorly botantcally studied of all Long Island land areas. What unique floral characteristics for Robins island will tome to light in the future remain to be seen. Robins Island is not only a very important phytogeographical link cunnecting the two forks of Long Island, but is a unique island floral region in its own right. In this latter respect it compares favorably with its two larger sister island% the populated agricultural-recreational Shelter Islend~and the unpopulated, but relatively greatly disturbed Gardiners Island. Aside from the remainder of the eastern Long Island Pine Barrens, it is probably the largest intact, uninterupted Long Island floral unit. Unlike the pine barrens, however, it consists of several ts~ical floral con.unities and has an overall diversity and richness of species indicative of a stable ecosystem and reflective of a d~verse topography and soil profile. It offers much in ~he future to Long Island and island plant study, and, thus, needs to be preserved from unnecessary human incursions. Robins Island would make:an excellent workshop-nature study area. It could preserve a native Long Island flora for future Long Island replantings. Indeed, if the island were to be maintained in its natural state, ~t would continue to produce seeds and spores from its native plants, some of which would find their way to germinate in mainland areas; thus it has the potential to serve as a '~nursery" as well as as an educatio~and, of course, esthetic and inspirational nature preserve. Laurence T. Penny Assistant Professor, Life Sciences Southampton College -2- ~erns Sensitive Fern ~[arsh Fern Bracken Clrmamon Fern Royal Fern Low York Fern Chrls!mss Fern Dlderberry Winterberry ilighb~sh Blueberry Fe%terbush Bayberry Swee%fern Blackberry ¥tneberry Swamp Rose ~.~o~ e Rose FI y Honeysuckle lie 1 c b e try Yanylcberry Ditek tmckleberry ~m~]y Low B~ueberry Late Low Blueberry Arrow-woo5 Vines ;~'oo~ blue lei son Ivy ',,'i 1~ Or aide C,~t bri er ::~ ~',vbri er Pewberry Jrpsnese Honer/s~ ckle Herbs Onoclea sensi~ilis Dryopteris Thelypterts Pteridi~m aq~l!~nom Osmn~Se regalia Zryopteris noveboracensls Polyst~chum acrestichoides Sambuol~ s canadensis Ilex verttcillata Vaccintum corymbos~_ Leueo%hoe raeemosa },~yriea pensylvr~ica ~yr±ca aspleni£olia R~bus sp. R~b~s t;hoenicolasi~s Rosa viryini~a ~osa rl~oD8 Lonicera csnadensis Osylussac~a frondosa Gaylussacla baccsta Vaccini~m s_ng~ st i foli~m Vaccinl~m vacillans Vib~rnum dentatum -3- .erbo (Cont.) Yellow Rocket Strawberry l[o,~se-ear Cress ,';at er i~arsh Bed straw Fi el~] Cress Spe e6well i~sh Clover '.Vo o8 Sorrel Spotte~ Geranl~m ;:ater-Starwort [,larsh Velvet leaf Beach Heath Hoekrosa ~Thit e Violet irickly Pear Leosestr] fe Sv~amp Cerumen ].~ Ikweed Dln~weed Cerman~er Self heal ~itiersweet Mullein ~'oadI'lax :mg:lJ sh klantain Venus's Looking-glass ~oneset B~e~stem GolSenrod Seasl~7 c Gol~enro5 Cra~s-!ea~e~ Goldenrod Wood tvssy' s Toes i~a~veed C~-o~nd sol iforseweed Dand ell or~ .did Let t~.:ce l~-ll-thist le ~.: r~ c ck Barbarea vulge vis Fragsria vesca Arabidopsis Thsliama L~dvigla pal~stris Calium pal~ stre LepJdinm campestre Veronica s.~'ensi s Lespedozs sp. 'O~alis e?ropaea Gergmi~m maculat~ Cal]l~riche pal~stris Hibisc~s ~oscheutos Abutilon Theophrasti Hudson, s tomentosa Helie~the~m canadense Viola lanceolata Op~.t i a humif~ sa Lyslmachia quadrifolia Asclepias incarnata Asclepias syrica C onvol-~].~ s sepi~m C~sc~.~ta Teucrium cana~ense iz~uiella ~l~aris Solanom ~lcamara Verbascnm Thapsns Linaria canad ensl s Scroph~laria lepor~lla /' 2 lsntago l~ceolata i i~mts f~o major Specl~laria perfoiiata E~patori~m perfoll arum Sollda~o cassia Sol~SaCo sempervirens Sol~o J~cea Solidago ~go sa ~oliSago ~ramlniffolia Aster 5 lvari~atus Ant e~aria neod~olea Ira oraria ~.~bros t.a artemisJi Senee~o sp. Senecio cane~enr~s %arawac~m off~cin~le,' Chrysamthemum Cirsi~:m ~lgare Achilles :[illcfo!i,om Hi craci~m ~re.t cnse Flora of Robins Island, L._I~, N.~Y._ Cheek List of S~ecies observed. J~nne 8-10, 1956 b,~ G. H. Peters. Tree~ ~itch Zinc Re8 Cedar Crack Y[illow Trembling Aspen ![ockernut Hickory Gray Birch White Oak ~ost Red Oak Black Oak Searlet Oak Chesim~t Oak American Elm Haekberry Lem~t Black Cherry Sweet Cherry Red i~orv~ay Sassaffras Poison Sumach D~ar£ Sumach Do~,vood J~neberry Kawthorn Grasses, R~shes, ~em~weed ?ese Orchard Grass Splke~rass g~e~Trsss Beech.ass ian~c fir~ss ~!eerd grass Se~ge Sedges, ere Pinus rigida Jl~mipe~s virginiana Sali~ fragflls 3opulus grandidentata Carya tomentosa Bet~l~ popullfolia ~er cus elba Q~.erc~ s stellata ~ercus ~bra ~erc-s velutina Quercus cocclnea ~ercus Yrinus Ulm~s americana Celtis occifentalis ~mila Robinia Pseudo-Acacia Pmm~s serotlna P~naus Avinm Acer ~b~m Acer platsmoides Sassafras albidnm Rh~s Vernix Rh~s copal]ina Cornus florida Amel~chler intermedia Crataed~s 3otomogoton sp. sD. Dactylts glomerata I'hregmJ%es comm~nSs Distlchlis splcatk Danthonia spicers Sporobolus sp. Ammophlla brevill~lata Dlgi%sri~ sang~inalis ~anicum AndroDogon scoparius Cy[,e~s Note: m~ny of the scientific names Used in ~his list ar~ no longer valid; however, these name~ are left unchanged for the saPe ~)f originality (LTP) ADDITIONS TO PEI" ET,,>~' 1956 LIST OF I>,0P, IN~J ISI.^d.D PLA.17Y$ Trees White Poplar American Beech White Mulberry Juneberry Shrtfos Grasses~ ~.u.sbes, se.d~e_.~s Cord Grass Salt-Meadow Grass Black Grass tlerbs Dept ford Pink Marsh St. Johnswort Populus alba Fagus grandifolia Morus alba Amelanchier canadensis Spartina a!terniflora Spartina patens Juncus gerardi Dianthus arrneria Hyperic u~,~ vi'. ginicun E NATLIREE c©NfSEi { .... · t It _ Ionia., island iu Peconlc ~¢a~' 4~ 9~st tba~. th¢o,.~ of P}ew %0 4; U&bj bu'4 . ;'~ ,,/ -.-,, . az~} ]_t., c].(-,.ar unpolluted rol!lr~g wc~ded h}!ts and broad m~adows coupled ' ' .o. uoz.. mak,.) it o '' '~ .... ', fol' ~h:~ ~ [(t]4fe that abntln;)2 O0 tho alua~ the we~t shoro. "~ .... ~' this lon~' toil joins tb~ ~ ~tLrtd yOtl~'l L find the only co:m<m tern c:)!onie~ ia the ray. blaE:k ~d~i,'~:or's al~) most here a]oug with fha pLp~nL plLovo~ ~hate nests yon'll find a,,:,r~nk]_od along all g~ :~a~i-opea area soo[;;od with ciu,u})s o? dune /<Pans, ~any a black duck and f'eodin/~ area fo~ u ho;t o;' thor{, birds, [!el,oa~ ~md ~la~'~[) b~pd~. To the ~;e~t is ~t:atb, op valuable n~a't;!.nq sit':.~ locat~-;d a short di:;t~:,nce inland. Thi:~ ts one of tho largest nisht heron colonies Plum Island o,~d Cardlner::~ lei.and sl~o bent extorts!ye root::.;~iea but they too C!opsod on thai: island isolation to give the naedod protaec!on f'3r the b:t. eedin~ or 'hh[~:~ s?cies. Qn a neg~2!ng oeflstls ,~ast yo~t~ we counted over i 200 birds f~lyirig frota this~ spo2. Some trees had thr'ea or more nests in theyb ~.. u,~d without tho protection of the unpopul?.ted wooded m-ca aur'ounding It ~ lit w:~uid sur<::ly loss its atT, r~:ct!oo for wildlife h,aroo colouy ~,~9. ke up ati. Kht ~tnd w~luablo natural asset sad ,- : :.dbs~re are other ~:;*]al.i. er l'r~';:~h water p)ndr; on the ~al[,od that shot;Id be n~c:,~ and ra2 ~,ay Fbwn l;he we:t sh3ra i.s anetbsP one b~tthe ot,J c/ay pity which lay the wc'y ue;:'o used iu i;he mattufa(:tuPc: of b'¢!ck:; for tho mainland, of and ['lt~t:% Iuland. Thero wot'o between ]b and 5 T H E NATURE in groat huge clay cliffs. Tha4a :~utcr~L)pln;,s ara ~,-~aird i:~ ~hapa sad are the bulwarks aga~.n~t oro~io~. Who elf 'fs pr~vido tbs, si~;s fo~ bank swallows and kingf'iahor nests. This baake-~eaudidua~garea for wildlifo broodS, nc t;oday. In conclusioa the zuture, u?'e of t[:~: i~;land will bare a lot to d~ with the ;:'ucce:~s of these f]'ag!].o ec~io<tca! z~'.l(,s Uu~t }..,tx, e throu~h areas is depondent on tht~ other for Tho g.-oau ro.LJinf~ wo:~dlands~pla)~:> hoau in ,,-: , ~, (r oi' lifo that ~:nJn.ou .... ext,~nds f~r (ut into :'that ~s c~,ied. craft, rn this nort;h~rn skcmo, is ,'~, t:O0~ x h()~ he;~vy dut)' dock. ~t is the bonts to the isl~nd dock. It ~s in {;ood rr~i ~r 'fb~r~ ~re no ?~ved r,o~Js on fh~ !si:r? Nut Up f?om tY:r dock ~bnut 3000' Is ~ ":~i]-:' :uj~m~:~ hun{,i.n~ i~:q,? t~::t ~PcMtectur'e t hay<' s,',cn an¥~;hnFa rbcut. 3orrZ to s~y this lic, bins Isls:]? is situ~tmt in Peccn~a Puy which is in the of th, }'o'rth ~nd South forks of' esstnrn [.onS lslund, Ie'~; York. i'he ~{,,~r'~t tc';'n is s srrn]l vil]'~-' ca')l"d New Suffolk to thc north where nccess t,c rna !~]:~d c, ceuPs. A g{O :,iRut~ bo~t ride ,viii get V< u tN~lre. b OWNS. A ].on~ l!tornl th~ 2ort]', }~ace nr~d Pob TuthZ]l s:~-ms ~uLte i)k~ ~'~' '~ ho.., ~o~ large coen r~-!:Ss t,o !;hn s,-uth th.t at one time ' - .....V · it ..... c' from l,]c,yd "" ' · wb}oh John ',:leks is ' ~ v lik, o is, lrmd .:,'u]i bt' cle~sif'~nd "~ ki.,ving .,hour ,,,.~ o~.~ io- bgys r'~ to l-kc .... t aha thc h~:,hes~ e LOVn ~on. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER P6 Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 18. 1991: WHEREAS, the Town Board of the Town of Southold has repeatedly indicated its support for the purchase and preservation of Robins Island in' its natural state; and WHEREAS, Robins. Island, a 400+ acre natural island fn the Town of Southold, is one of 'the most unique and important landmarks on the East Coast of the United State's; and WHEREAS, the Town Board believes that the preservation of Robins Island is a regional concern and that the-Island's preservation would be of benefit to the-entire region, and proper disposition, management, and u~se of this Island could be of great economic and environmental benefit to the Town of Southold; and WHEREAS, since 1960 the Suffolk County Planning Commission has recommended the prese'rvation of Robins Island; 1now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby urges the Suffolk County Executive and Suffolk County Legislature to move forward with all expediency with thie purchase of Robins Island. Judith T. Terrr/ ' Southold Town Clerk June 19, 1991 REGULAR MEETING A Regular Meeting of tl~e Southold Town Board was held Tuesday, May 5, 1992, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards CoUncilman George L. Penny IV Councilman Thomas H. Wickham CoUncilman Joseph J. Lizewski ToWn Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Councilwoman Alice J. Hussie (out of country) SUPERVISOR HARRIS: We need a motion to approve the audit of the bills of May 5, 1992. Moved by Justice Edwards, seconded by Councilman Penny, it was ~ESOLVED that the following audited bills be and hereby ordered paid; General ~ dnd Whole Town bills in the amount of $101,996.49; General Fund Part Town bills in the amount of $117,939.96; Nutrition Fund bills in the amount of $2,435.59; SNAP Program bills in the amount of $2,321.13; Community Development Fund bills in the amount of $8,693.00; Highway Fund Whole Town bills in the amount of $43,738.48; Highway Fund Part Town bills in the amount of $20,324.65; Agricultural Land Development Rights bills in the amount of $1,350.00; Hydrogeolic Landfill Study bills in the amount of $484.50; Payloader Capital Account bills in the amount of $52,000.00; Employee Health Benefit Plan bills in the amount of $14,518.48; Fishers Island Ferry District bills in the amount of $9,537.47; Southold Wastewater District bills in the amount of $82.00; Fishers Island Sewer District bills in the amount of $205.49; Southold Agency & Trust bills in the amount of $6,593.10; Fishers Island Ferry District Agency & Trust bills in the amount of $46.49. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of April 21, 1992, Southold Town Board meeting. Moved by Councilman Wickharn, seconded by Justice Edwards, it was RESOLVED that the minutes 9f the Town Board meetinc, l of April 21, 1992, be and hereby approved. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice E~lwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to set the next regularly scheduled Southold Town Board meeting at May 20th. That's a Wednesday, instead of a Tuesday, 1992, 7:30 P.M. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M. , Wednesday May 20, 1992, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Annual Financial Report Update Document for the Town of Southold, County of Suffolk, for fiscal year ended 1991. 2. Fishers Island Ferry District Annual Financial Report for 1991. 3. Supervisor's Budget Report for year ended December 31, 1991. 4. Supervisor's Budget Report for month ending January 31, 1992. 5. Supervisor's Budget Report for month ending February 29, 1992. 6. Supervisor's Budget Report for month ending March 31, 1992. 7. Empire Plan Town'~ claims experience Report for 1991. P9 2 5/5/92 8. Southold Town Dog Shelter Monthly Report for Aprii, 1992 9. Southold Town Building Department Monti~ly Report for April, !r)92 10. Southold Town Clerk's Monthly Report for April, 1992. 11. Justice Edwards' Coort Monthly Court Report for April, 1992. 12. Justice Tedeschi's Southold Town Court Report for April, 1992~ 13. Councilmen's Reports. 14. Supervisor's Report. II. PUBLIC NOTICES. 1. State of New York Department of Environmental Conservation Notice of Public Hearing and Notice of Complete Application of proposal of Linda Wilton to construct a 28' by 40' one-family dwelling and bluestone clrivewa¥, which involve- placing 350 cubic yards of fill in approximately 5,500 square feet of freshwater wetland on Queen Street, Greenport, approximately 50 feet south of County Roaci 48. Public hearing June 4, 1992, 9:30 A.M., Southold Town Hall, Main Road, Southold. Written comments and filing for party status to participate must be received by June 2, 1992. 2. Notice by US Army Corps of Arm'/' Engineers, New York District reauthorization of the Nationwide Permit Regulations for the State of New York. 3. Notice of Public Hearing by The New York State Assembly for the purpose of consolidating emergency services in New York on the State and local levels. Ill. COMMUNICATIONS I. Sherry Johnson, Program Director of the North Fork Environmental Council thankin9 the members of the Town Board for discussing and actin9 upon the East End Jetport issue at the Board meeting held on April 21, 1992. IV. PUBLIC HEARING. 1. 4:30 P.M. "Local Law in Relation to Water Skiing". V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, I'd like to welcome everyone, and are there any members of the audience, that would like to speak to this Board in reference to any resolutions, that we'll be enacting in the next few minutes. Yes? LINDA LEVY: My name is Linda Levy. I'm the Southold coordinator for the North Fork Enviromental Council, and on behalf of the Environmental Council I would like to speak to you about Resolution #23, a pilot study by the Suffolk County Water Authority. We would like you to know that North Fork Environmental Council believes strongly that safe, readily available drinking water is a right of all citizens. We also feel that bringing public water into Southold should occur in conjunction with planning. The future of Southold is depended on proper planning, and careful assessment of the needs of the town as a whole. We are therefore concerned that the pilot project being discussed is not requested with a consistent planned division for the future of the town, and in contrary it seems that the event of public water on Peconic Bay Boulevard is more a matter of ease and convenience for the Suffolk County Water Authority, than a response, and prudent need for this project in this particular location. Pilot programs such as the one proposed on Peconic Bay Boulevard could amount to virtual spot zoning, if zoning issues are not fixed. The availability of public water has historically lead to higher density zoning, unless strong measures are taken to prevent this. Under the current proposal the only business end to new development apply to construction on lots that did not comply to Article 6. The issue of higher density zoning being permitted is previously Iow density areas, due to the new availability of public water has not been addressed. There are, in fact, several pending developments along Peconic Bay Boulevard itself, in which permitted density will be directly affected by this supply of water. The hamlet centers, including specifically Mattituck, would be more logical choices for public water projects. These are the areas where current density that is such that a need exists for public water, and they are also the areas where the town initiated higher density might require this service. Public water can, and should be a benefit to any town. Southold is in a unique situation of being able to make public water available to it's residents, and plan a systematic management. Our town could be become an example of the way rural communities could bring in needed public services through out the community. Lastly we are aware that the Suffolk County Water Authority has a very complete state of the art map of Southold, and we think that this also could be a very useful tool in incorporating public water systems, as well as other issues into our long range planning. - Pg 15 - 5/5/92 1. The following regulation shall apply only to Hay Harbor. a. Water skiing is permitted after 5 P.M. on weekdays and all day Saturday and Sunday unless organized waterfront activities are planned by the Hay Harbor Club. b. Water skiers will follow a pattern extablished by the first boat to start skiing i.e. clockwise or counter clockwise. c. Skiers will remain a minimum of 100 feet from any dock or shoreline. II. This Local Law shall take effect upon its filing with the Secretary of State. 30.-Vote of the Town Board: Ayes: Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'm going to let Deputy Supervisor Penny run the rest of the meeting for those individuals, who would like to speak to the Board in relation to any other matter. Judge Edwards and I have another function, which we have to attend up island. We'll thank you for participating today, and we'll see you in two weeks. Thank you. DEPUTY SUPERVISOR PENNY: A~e there any members of the audience, that would like to address the Town Board at this time? ART ROSS: I'd like to thank the Board for passing Resolution Number 12, authorizing us to attend the meeting this noon. It was very informative, and several members of the Land Preserv :ion Committee were there, and we stay all of the way to the end, but it was vc y well done, and gave us a lot of food for thought. Let the record show, that although Betty went with me, she paid for her~ own lunch. I'm here today, first of all, I'm going to give you an update on the Robins Island Preservation Fund role in the continuing saga of Robins Island, and that was to be a very short presentation. Now, I have to break it down into two parts, and you'll see why as I go along, and it's in a way this is necessitated by the fact that this is a tale of two lawsuits, not a tale of two cities. The fund, as you know, has been pursuing the Wickham claim theory to Robins Island, as the first part of our tactics to try acheive public acquisition of the island. The lawsuit was tactic number one. We have not prevailed thus far. We lost in the District Court. We lost in the Circuit Court of Appeals, and the Fund had a board meeting on April 18th to discuss our status. We also know of discussions. We hear rumors almost every day, and you do too, discussions about the future of the island between the County, Robis of California, and Metimeier for Southold Developl~ent Coporation of Germany. So, we met to determine what our course of action should be. The Fund voted unanimously to stay with our original plan, to oppose development of the island, and to urge some sort of acquisition by a public body, or by a private party that would assure that the island remain a nature preserve with limited access. We also authorized our attorney to preceed to file an application for rehearing i,n the second Circuit Court of Appeals, and if that does not prevail, file a petition to the United States Supreme Court. We had said from the beginning that we ~vere in this to the end, renew, and pursue all legal remedies, and at the same time, we were authorized by the Board to try alert the people of $outhold Town, in deed the people all around the rim of the Peconic, to the fact that the hour might be at hand when something will take place. We were also authorized to proceied with publicity campaign to seek help from other concerned individuals about the imminent dispostion of the island as we understand it from the discussion participated in by the County. So, we have gone about our way. For one thing we Started our appeal, and I'm going to ask our Vice- President in charge of public relations to first show you the portrait of the island, the painting that Jacky Penny did, that we are marketing, and we'll auction eventually on July 18th at a public auction on Nassau Point at the home of Jim Gray. Now, at the same time we are going forward with, as I said, our court case, and I was asked first of all to come and remind the Town Board of it's unanimous resolution of June 18, 1991, and that was a unanimous resolution by the Town Board, and it stated that the Town Board of Southold has repeatedly indicated the support of the purchase and the preservation of Robins Island in it's natural state, and it goes on to say, that the Board believes that the preservation of Robins Island is a regional concern, that the island's preservation would be a benefit to the entire region, and proper disposition, management, and the use of this island could be a great economic, and environmental benefit to the Town of Southold (tape change) with all expediency for the purchase of Robins Island. Now, that was ten months ago, and much has transpired since that time, and quite a bit has seems to have been standing still. As I said, we went on with our appeal. Our lawsuit is still in the court. Perhaps Betty while I'm speaking you could pass out the piece from Newsday recently, April 24th, the thoughts about our future resolutions in the court. Now, to return to thel tale of two lawsuits, there's another lawsuit as all of you know. Several years ,ago many of us rejoiced in the fact that the County had signed the contract to purchase the island for 9.2 million dollars, and there Pg 16 - 5/5/92 was much rejoicing, however many lawsuits resulted from that The Southold Development Corporation, the German interest Mittimier and Son suddenly that they could not fulfill ti]at contract, that it was wrongly undertaken, that were deceived, tricked into it, and they went to bankruptcy, and they petitione(J the Court for a reorganization of Southold Development Corporation, which is a solely owned subsidiary of Robinsade, Aktingesellschaft, Lichtenstein. I'll refer to them from now on as the Germans, because it's easier to say ti]at, than what I just said, since they developed the name of Southo[d Development Coporation. Anyway the Germans went into court on County objective, and said we have a contract. What'g more we don't think this is a file of bankrupcy for a debtors' agreement, turned his pockets inside out, and said l'rn broke. Once more we don't think this is a file of bankrupcy for a debtors' agreement, and turn his pockets inside out, and say I'm broke, I have a contract for 9.2 million dollars, that's going to drive me further tothewall, but I have a proposal to sell til~~ asset, the only asset of the German interest for 15.2 million clollars, and then can pay off alt these creditors, mostly law firms, that weren't paid over the years. I don't see any tears coming from the Board, but anyway they said we have these creditors, one was a public relations firm in Nova Scotia, which is owned by the two Germans, and we would like the reorganization plan approved, and the CoLlnty insisted that there were two things wrong with it. That it wasn't a valid bank- rupcy. They were using a bankrupcy court as a sword, rather than a shield, if you will, and that the County had a contract, an enforceable contract. Well, in June of 1991, the Bankrupcy Court, Judge Hall, approved the reorganization plan, and the County appealed that approval on several grounds, and on December 23th of last year, 1991, Judge Wexler gave the County a wonderful Christmas present. He decided in effect, and in fact, that the County was correc~ in their pursuit of this, and here's the end of his opinion, for the reasons stated above the finding by the Bankrupcy Court is reversed, and he issues, including the insertion of Debtor's Chapter 11 was in bad faith, not in true bankrupcy, and that the elimination of the County's claim was improper, I remand the entire case to the Bankrupcy Court. The County was a winner, as of December, 1991. Immediately, the Germans filed a notice of appeal. I would have, too, and they went forward with that appeal. Then a silence prevailed. The newly elected County Executive has a Christmas present from the courts, that somewhat of a problem for him, for obvious reasons. In his campaign the Robins Island issue came up time and time again, and he was generally was opposed to it, but he left it somewhat unresolved. Now, the County has won. The Germans are appealin9, and we hear not very much until just recently, when we're given to understand by newspaper accounts, that the County is participating in meetings,not public meetings, in fact, nobody in the County will talk to you about the meetings, for a compromise of the Robins Island problem. Some sort of deal between P, obis, Metimier, the County, and sometime the Nature Conservancy is nlentioned as an overall supervisor of the development of the island. Rumors from those meetings are that there will be just ten houses, or twenty, or forty, which newspaper do you read. But nothing comes out directly. In a routine check with our Council in preparation to come to this meeting, I asked him to call the Second Circuit Court of Appeals, and find out what the standing of the German's appeal was. Much to my surprise, he said the Court says they entered a voluntary withdrawal on March 23. Now, that to me was strange. First of all, it wasn't announced in the many newspaper announcements concerning this. We knew that riley had all entered stipulations saying, we won't do anything more in the courts until a month, and that was extended another fifteen days. So, I realize that according to the Court records, the appeal had been given up by the Germans. So, we started to prepare this presentation, and last night, or this morning, 1 guess you folks received a fax, Supervisor and members of the Town Board, do you have it? it is from Albert A. D'Agostino, saying, it has come to my attention that certain individuals have misrepresented the standstill agreement entered into among Southold Development Corporation, Suffolk County, and the Creditor's Committee, and have erroneously stated that my client has withdrawn its appeal of the December 1991 decision of Judge Wexler. It has also come to my attention that a presentation is to be made to the Town Board tomorrow, May 5, by and on behalf of these individuals. I only speak for the Robins Island Fund. Wherein will be alleged that Southold Development Corporation has withdrawn its appeal. In order to correct any misreprese~tation that might result it is my intention to advise you that tbe representation that the appeal has been withdrawn is in absoluteJy in error. It has not been withdrawn. It is presently pending, so forth. I like to say ti]at this came to my in a ch~earn, but I had notice of it from a local journalist, t immediately call reporters iournalists, when they say something nice about me, and he called me this morning, and said there's a letter that D'Agostino faxed to the Board, so I went the source, 1 called ', ~g 17 - 5/5/92 the Clerk of the United States Court of Appeals for the Second Circuit, at 10:57 this morning, and he put it up on his display, and I said read it to me, and he said, on March 20 a voluntary withdrawal was filed with the Court, and it was approved, and the only conditions of the withdrawal by Southold Development, the German company, was that it could be reinstated by April 28th. There is nothing in the file about a reinstatement. That time has come and gone, and I asked him if it had been executed by the attorneys for the various parties, this voluntary withdrawal, and Mr. D'Agostino's name is on it. Now, I don't know if he's here, or anyone from his office, but that's why I became even more alarmed about this. What was the consideration for that withdrawal? He says, it's not so. The Clerk of the Court t01d me this morning that it was so. I'm not here to ask you to resolve the debate between the two lawyers obviously. What I am asking you for is some action on behalf of the previous resolution, a renewal of interest by this Board in what; is going on. It's seems to me, that the County is negotiating in secret. It seems to me, that the future of Robins Island is being determined in Germany, and in California, whereas it's principal interest is right here. It's the matter of your own jurisdiction. The tradition is, I think, in Albany, is to treat us like Sleepy Hollow. If they're not objecting, or saying anything, they can read it when it comes out in the paper. I think that should stop. I think one of you, or the Board, should authorize someone to go, and say, what is going on in the discussions, and why is the County victorious in December, sitting down, and preceding over the disposition of the Island for private development? Yogi Berra is famous for saying a lot of things, but among them he said, it ain't over 'til it's over. That's the way we feel, speaking on behalf of the Fund. There is something going on that we're entitled to know about. I share your concern that a done deal will be presented by the Executive to the Legislature, quickly passed, and the fight will now come right here to Town Hall with the filing of the first plans. There's a lot of debate on what could be done on Robins Island in the way of development. There's a lot of supposition, that it's not really going to be developed, it's another scam to up the price. The new owners are going to get even more out of it twenty years from now, but the County had, what I believe, and I think most lawyers would agree, was a very enviable legal position. They go back to the Bankrupcy Court, and assert their original contract. It's unusual that a winning player in a poker, game, when the others have thrown in their hands, says, why don't we play another round? But that's what the County seems to have done here. I think, as I said before, the hour is late, we'll be fighting far different sort of position if the Town is presented with a done deal, where Robis Corporation owns the island, and it's only a matter of how much development you!re willing to approve over there. One of my young friends in Mattituck, an attorney, was debating with me with the other day, and he said, there you go again. You're a tree hugger. I said, yes, I am. I am a t~'ee hugger, and today I was vindicated by the fact that on page 25 in today's Newsday, there's an article about New York State looking to inventory the oldest trees in the State. They have track of many of them. There are hundreds. They have track of a good many of them, but some of them are lost, and they're asking residents to report, is there ~omething in your records that shows one? They say, we do know where many of them are. We know for example that eldest, oldest, Elderberry tree in the State is on Robins Island, and the oldest Sumac tree in the State is on Robins Island. I don't want to paraphrase the psalmist, and say that the voice of the chainsaw is heard in our land. I would rather hear, when the rain has passed, the winter is over, the' voice of the Turtle Dove, and I think you would, too. But, as the law presently stands the ordinance exists with this township, as soon as the private developer has the rights, he can start on those trees. It might provide a much better view to someone interested in buying the lots on the island. I say the hour is at hand, and I urge that you intervene in whatever is going on at the County level, and protect the interests of this town, and my grandchildren. Thank you. DEPUTY SUPERVISOR PENNY: Thank you, Mr. Ross. Is there anybody else who would like to address the Town Board at this time? Ronnie? RONNIE WACKER: I just wanted to remind you all, that we..that the town is behind you in your efforts to get the County to live up to it's promises to buy Robins Island, and preserve it. When the Save Robins Island Committee was first formed twelve years ago, it's hard to believe it's twelve years ago, the year's go quickly when you're trying to get the government to do something, but we sent out a mailing to all of the Southold voters asking them whether they wanted to develop, or preserve the island, and the response was overwhelmingly for preservation. There were, I think, 184.4% of the replies favored preserving the island, and there's no question that people in Southold Town don't want more pollution in Peconic Bay, more traffic, more noise on the water, and eventually higher taxes for services tha~ they will have to render. All of this will be what they'll get with development of Robins Island. So, anyway, all I wanted to say to you is, will you please lean on the County. Don't let them renege on their contract. That's important to Southoid Town. Pg 78 5/5/92 DEPUTY SUPERVISOR PENNY: Yes, Ann? ANN LOWRY: I'd like to speak for NFEC, and say, that we would like to reiterate our stand to keep the island preserved, no development, no deals, i~w been thinking about this before, the..if there is some deal goin(j on with County Executive, and the owner, there is some precedent for the authority of the Legislature, which had voted to preserve, and to buy, and preserve the island, that that not be overturned by some action by the County Execu[iw~, so I don't know how that works out, but it sounds as though it could not be done legally, that that would get into more legal problems. I just wanted to mention that it is encouraging that your Hockbrueckner is going before a sub-committee of the Department of Interior on May 19th, and ask for $2,000,000.00 from Federal funds for the preservation of Robins Island. I had to copy this, because I remember the whole name of it, but Newsday yesterday it said that the US Fisi~ and Wildlife Services Northeast Estuary Office visited Peconic ~ay area last summ r and said Robins Island would be a wonderful place for acquisition, so that is a hopeful thing that Hockbrueckner is doing now. Thank you. DEPUTY SUPERVISOR PENNY: Is there anyone else from the audience, who wouici like to address the Town Board at this time? (No response.) ] think in response to the number of people that we had speak on Robins Island, I'd like to put this on the next agenda for discussion with the Supervisor, and in the meantime encourage him to contact the County Executive's Office, and see if we can uncover what's going on behind this deal, and then we'll take it from there. We'll have this on as a topic for discussion at our next meeting. I don't know what more we can do. With the limited number of people we have on the podium right now, it's unfortunate, but there's no action we can take at this time. Is there anyone else who would like to address the Town Board at this time? (No response.) Are there any Town Board members who would like to make any comments? Joe? COUNCILMAN LIZEWSKI: I would like to address the people, who were interested in the Water Authority coming in, and that it is a trial study, and that the people will be given the right in this town to say yes, or no, in the Pec~nic Bay Boulevard area~, and I think the reason it's being done there is simply be,C~Use tt~ere is a posi~ility of sort of testing the waters before they go in. W~;r~ not saying that they're there yet, and we're giving the people on Peconi,c; I~ay Boulevard the right to say ye~, or no. It is a study, and it's not finalized~ They will come back to the To~¢D Board, and in a democracy I believe the people have the right to say if they W~?t it, or they don't want it, and th/at's really what this is about. It's a very dens~e area. It is an area where there are some problems. On one side of the road there seems to be a lot less problems on the north side of the road, so we're going,,to find out, and I think that the best way to find out is to let them go ahead, arid, do their study. They will come back to the Town Board. I think it's good to reai}~e that the Suffolk County Water Authority does not have to, did not have to go to the lengths, that it is going to, to try to make this Water Authority powerful to this ion, n, but it has taken that course, and I have to tell you that I think it's wonderful, that an Authority of that stature has come down and said, okay, basically what do you think you want for the town? How do you want this done? We've talked ab[~u,~t it for many meetings. We have many meetings, and I still think it's being done in a~very fair manner, and it is going to be left with the people of this town. One other thing I'd like to say is that I think very upset as a Councilman as to some bf, the newspaper articles, that are written in our town, and do not have a lot of stu~J,~ done behind them, and a lot of depth of reporting, and I'm rea y upset that people on this Town Board, who devote a good part of their life, and a good many h6~Fs to this town whether you agree, or disagree with them, are singled out for basic}~.!ly harassment or haranguing by the newspaper. Sometimes they're misquoted. Very seldom are they put in the true context of what is going on, and I feel that..I hope that in the future that when people talk about consensuses, and people 1~4t things into the paper, that they do a little bit more depth in their reporting. ~1 know that my phone is always open to anybody who wants to find out something. I'm certainly, ~ls a public figure, not going to lie to anybody. I'm going to tell them ~hat I think, or going to tell them what I know, and I think it behooves the press in the future, if they want to make headlines in the papers, to make an effort to put some depth into the reporting. I think it could help this town tremendously to look into matters a lot deeper than the front page. Thank you very much. DEPUTY SUPERVISOR PENNY: Tom? 'o Thomas Sam~ Wuuuneweta Road Cutchogue, New Dear Tom: Enclosed f which you reque~ I enclose There is pages. BasicalZ subdivisions Any February I0, 194 ~rk 11935 d copy of Subdivision of ~ce. ipt fo~- the $2.14. insert to be used in place this involved fire hydra thirty lots. ~n, ple&se feel f ~d, Chapter Al06 the appropriate and/or wells in e to call. Yours truly, MUriel BrUsh, ~e~retary Southold ~ T?wn~lanning Board JAMES H. RAMBO, INC. 235 NORTH SEA ROAD SOUTHAMPTON, N.Y. PHONE283-1254 By blark McI~ty~e_ -: _d._ ::-Ko~p~e-l~-n--~es the federal An---uafiriished- mansion- aban- ~ money as a windfall o~portunity to doned in 1919. and a caretaker's snatch Robins Island from a Gar- shack occupied in summer are the man real estate syndicate Wbose .' ordy traces ofdevelopement on tiny~ · parehase of it for $1.35 million in Pa)bins Island in Peconic Bay. And--' September ~anght county officials L(.~ Koppelman, executive director off-guard. The group plans to sub. of the Long Island Planning Com- divide the island and build homes, misoion~ thlnk~.it would be worth a thought, that horrifies. Koppel- $1.8 million in federal money to man. ".' ~--" '" :~ keep it that way. :: ~ -'~Ve 'are faced by an immediate' Thirteen state environmentalists : crisis~if homes are built on Robins and planners will gather in New Island, Koppelman said. Develop-' York City today to discuss which of .ment of the island would unleash three areas most needs to be saved cesspool sewage and fertilizer into from development: the Flanders- ' surrounding waters that bay cur- Pecaulc Bay area-encompassing rents the Robins Island, two tracts bordering .entire, the'~Nissequogue River' in Smith-':damaging the 'area s abundant tovrn or two major Hu&~an Rive~' shell and finflsh industry, he ~ald. wetlands.. -.. 7' ~t~:.. ~ ' ..... ' . ~.-- .~'v., .-~ ~:~: What recommends the East End The group is expected to pick one system ior the federal: designation, · of the thres as a candidate-for s "he said, is its sheer size, high wa- federal.., estuatine preserve..The 2-ter. quality and diversity and abun~:~ area selected virtually is assured of ~ dance ofacquatic life--alloptimnm ' winning upta $1.8 million in fed-. conditions for research: . emit funds available for purchasing - ..Robins Island is home to" a colo- preserves, according to Jim McFar- land, m~nager of. the federal -es-, and deer that. lust January trotted . ,. :'across the frezon' Little Peconic The seincted site would join sev: - Bay t~ Cuteh0gUe Harbor in search en others around the nation and. 'of food~ .... .- . two nbw planned in-Rhode Islanc~. 'The Niesequ~gu~ already;is"p~-~: and Washington ~tate. - ' ; ~tially .polluted, .Koppelman The estuarine sanctuaries, es- and Smithtawn tablished under the 1972 federal' zoning Coastal-~Zone -Management Act, ment of the~ few.remmmng tracts are. outdoor laboratories for :study along its banks. The Hudson is a of animal and plant life in coastal ,.dirty .river, he adds, where re- areas. The federal designationf search into life untouched by pellu- however, would not override local -tion is Impossible.' .... control over zoning and thus land - "The' (program) is the answer to in th% p. resa.r~, e needs to be put: all our prayers,? Reeler ~said. ~e ch~d smee ~t still'could be de~/el- have tried for years to iontrol'de- oI~1, Koppelman said. ': '~ ~-' '~ ' ~.-": t-~elopment along the Nissequogue ' The prospect' of wimiin~'nsa~ly to prohibit further dggredation of $2- million to ~ buy. pristine' lands the' riverf ~: .::; -:-, .'_ .,_ ~. ':.-' threatened by ~bulldozers and sub- f -"Roughly~40 per cent of. the laud divisions hus-'teuched off an in~ ~adjoining that rivei- ~is.. publicly tense scramble among I.~n~ Island ~"~wned, b~t the~ !~t publie purchase planners and consarvaUonists. ~.':-was eight years ago. This fall, a On the Nissequogue, the federal velop~r fileda sits plan forpart of money would purchase the Oilmar- a large parcel Resler wants to bny tin Property, a 126-acre tract south with the federal money. ~ . of tha Smithtewn Landing Country :.- ButResler'sald~Koppelm~n'has' Club, and another 40-acre parcel, some staff and budget, and it: is so known as the James Neck Estates hard to compete against him." subdivision, site of a pre-colonial Koppelman, himself, is confident Indian camp, according to Steve the Nissequogue won't be lJicked at Reeler, a Smithtown planner, the meeting today and sees the On the Hudson, two large wet- real competition as already nar- lands and an adjacent woodland rowed to the Peconic-Flanders would be purchased to form a six- Bays and the Hudson River. site wetlands sanctuary stretching "I've never represented the conn. 100 miles, from the New Jersey ty's interest with the idea I'm go- border to Redheck, N.Y., south of lng to lose," he said. "It's going to Albany, according to Ivan Vames, be a strong battle. If it is played on deputy state parks and recreation the merits, I'm optimistic it will be commissioner. '-Flanders-Peconic." al loft' lOCates'Ih Neck Estates · above/.Robtn~ Is The Nissequogue River twists and winds north Calverton--The world's most powerful atom lined an expensive lagoon system he would press projects must obtain state smasher, now under construction at Brookhaven project officials te erect around the stream to pre- He contended construc National Laboratory, is being built in violation of - vent silt from washing downstream. He estimated two acres of wetlands, whe ew York s wetlands law, a state offimal said yes- the cost ofthe 50 small lagoons he envisions at soy- . foot-long steel culverts to cl terday. ' ' ~ - .... eral hundred thousand dollars. ' .' .--< - i Isebelle's ting. , · Donald Middleton, reglon~l director of the De- Isabelle project manager Vern Witi~ferill pledged Groandbreaking on Isa]~ partment of Environmental Conservation, said that ~cooperation with'~tate and town officials but said 1978. -.'~/idd[eten ~aid he di, ~h0e $423-million Project Isabelle is being built on he was not convinced they have the authority to Was ~o be built on wstlan, acres of wetlands without the state permit re- order such extensive changes. Newsday article last weal. quoted by law. '~e will do what we have to do to get everyone vironmental impact stat~ Bulldozers st~ the project site have left denuded off our back," Witherill said, but oointed out that Wither~lL h~wov~r State: Brookhaven project in'Vi( James A. Thompson · Architects KEY FEatURES