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APPEALS -BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
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BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516)765-1823
Telephone(516)765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JULY 10, 1997
Appl. No. 4491 - Louis Moore Bacon
LOCATION OF PROPERTY: Robins Island
PARCEL 1000-134-3-5
DATE OF PUBLIC HEARING: June 19, 1997
FINDINGS OF FACT
PROPERTY FACTS/ DESCRIPTION:
This property is located in an R-400 Zone District, near North Race
in Great Peconic Bay consisting of 434+- acres.
BASIS OF APPEAL: ZBA Conditional Action rendered March 6, 1996
under Appl. No. 4354.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: This is an
application requesting approval for modification, in part, of
Variance Project #4354 approved by the Board of Appeals March 6,
1996. The specific areas requested for consideration are:
(1) AREA C FARM CENTER: Modification as follows:
(A) C.4 Agricultural/Maintenance Compound: Reduce
size, scope and reassignment of sleeping quarters, and location
slightly to the east.
(B) C.5 Gamekeepers Barn: Add use for periodic
sleeping quarters of two staff employees (reassignment).
(2) B.5 DUCK INN -COTTAGE: restore building and add use of
periodic sleeping quarters for one employee.
(3) B.1 LANE LODGE -HOUSE. Minor clarification for record
purposes to show height exists as three stories, not 2-1/2 stories as
originally requested.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because this is a parcel which lies one mile from
any other real property in the Town of Southold, and change
requested will not have a detriment to the island.
Page 2 - July 10, 1997 - Appl. #4491
Re: 1000-134-3-5 (Moore/Robins Island)
Southold Town Board of Appeals
(2) The requested area variance is not substantial and is a minor
modification from March 6, 1996 determination.
(3) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the island is 434 acres in size and the relief
requested is minor modification.
(4) The situation has not been self-created.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the relief as applied.
VOTE OF THE BOARD:
Tortora, and Ostermanu.
vote (5-0).
Actions. new/ 134-3-5
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE i j)JO?7 HoyR�
/1
Town Clerk, Town of Southold
AYES: Members Doyen, Goehringer, Dinizio,
This resolution—vyas ad b /7�pnan
GERARD P. GOEHRI GER, CXAIRMAN
Resolution Adopted July 101 1997
Resolution Adopted 6/5
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JUNE 19, 1997
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following application will
be held for public hearing by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, JUNE 19, 1997 at the time noted below (or,
as soon thereafter as possible):
8:15 p.m. Appl.
No. 4491
- LOUIS MOORE
BACON. This
is an
application requesting
approval
for modification,
in part, of Variance
Project #4354 approved
by the
Board of Appeals
on March 6,
1996.
Location of Property:
Robins
Island; Suffolk
County District
1000,
Section 134, Block 3,
Lot 5,
of 434+- acres.
The specific
areas
requested for consideration
are:
(1) AREA C FARM CENTER: Modification as follows:
(A) C.4 Agricultural/Maintenance Compound: Reduce size,
scope and reassignment of sleeping quarters, and
location slightly to the east.
(B) C.5 Gamekeepers Barn: Add use for periodic sleeping
quarters of two staff employees (reassignment).
(2) B.5 DUCK INN -COTTAGE: restore building and add use
Page J, 'of 2 = Ada zional Legal Notice
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
of periodic sleeping quarters for one employee.
(3) B.1 LANE LODGE -HOUSE. Minor clarification for record
purposes to show height exists as three stories, not 2-1/2
stories as originally requested.
The Board of Appeals will at the above time and place hear any and
all persons or representatives desiring to be heard in the above
application. This file is available for review during regular business
hours, and written comments may be submitted before the hearing is
finalized. If you have questions, please do not hesitate to call
765-1809.
Dated: June 6, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
x
611-10-7—
J
JUN .6 3997 TOWN of SOUTHOLD, NEW YORK Caoe_-ed;t X'eza-Co
APPEAI?dMPet(EISOF B1111_DIt,IG INSPECTOR Al
May 30, 1997
DATE..............................
TO THE ZONING BOARD OF APPEALS, i -OWN OF SOUTHOLD, N. Y.
1, (We) LOUIS MOORE_BACON c/of Moore Capital Management, 1251
................. ........, ......... ...., ..
Norrie of Appellant Street and Number Avenue of the
New York Ci:ty New York Americas
. ............................HEREBY APPEAL TO
Munlcipallly State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ...... DATED ..October 31, 1995
WHEREBY THE BUILDING INSPECTOR DENIED TO
James A. Thompson on behalf of Louis Moore Bacon
Name of AIif 1icant for perrnit
of 2 Lafayette Court, Greenwich, Connecticut 06830
Street and Number MuniciPoil ty State
(X) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO CONSTRUCT'
1. LOCATION OF THE PROPERTY ..... Robins Island
.............................................................................
Street /Ilaml.et / Use District on Zoning Map
District 1000 Sectfon 13411lock 3 Loi 5 ..Current Owner Louis Moore Bacon
Mop No. Lot No. Prior Owner Southold Development Corp,
2. PROVISION (S) OF "LIF_ 7.ONING ORDINANCE APPEALED (Indicate the Article Section, Sub.
section and Paragraph of the Zoning Or(jinnncrt by number. Do not quote the Ordinance.)
Article 100 Section 33(A) and 31(A)(1)
3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of occess (State of New York Town Low Chap. 62 Cons, Laws
Art. 16 Sec. 290A Subsection 3
(X) Request to Modify portions of prior ZBA Determination issued on.
March 6, 1996
4. PREVIOUS APPEAL A previous appeal (hos) (has not) been made with respect to tills decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for o special permit
( X) request for o vorianca_
and was made in Appeal No. ,.4354 March 6 1996
....................Doted ................ �.....................................
REASON FOR APPEAL
C ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(X) Modification of prior ZBA Determination issued on March 6, 1996
is requested for the reosan that
(SEE ATTACHED LETTER)
Fonn 7,111
(Continue on other side)
REASON FOR APPEAL Continued
1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
(SEE ATTACHED LETTER)
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
(SEE ATTACHED LETTER)
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
(SEE ATTACHED LETTER)
SFATE FEW YORK j
COUNTYOF
Signature
(0 7� ler
6 ,
Sworn to this ................4 t.......... L :............................. 19
day (if t.........
vi
Noto�y Public
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TOWN OF SOUTHOLD PROPERTY RECORD CARD
a1NNER (� STREET/- ; r, { VILLAGE LAST. COUNTY TAX MAP N0.
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IMP.
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DATE
REMARKS:
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NORMAL
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BELOW
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ABOVE
Value
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Tillable 3
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Swampland
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OWNER STREET r
VILLAGE DISTRICT SUB LOT �
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—^
W 'TYPE OF BUILDING �J /
RES. SEAS. VL. FARMY �Yy
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-LAND
IMP.
TOTAL
DATE
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-
BUILDING CONDITION
- - - —BELOW —
~
NEW
NORMAL
ABOVE_
Farm
Acre
Value Per Acre ,
ValuecfJ—-
-
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_.._. -
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__ _.. _ _---
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--- --------
---Extension
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-
Extension
--- — ----- ---
-------
- -- - _
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Attic
Porch
Rooms Ist Floor
Breezeway
Patio
Rooms 2nd Floor
-
Garage
Driveway
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXEC
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
CCE0WLE
JUL 2 51997,
HE ELN ES, A. 1. C. P.
DIRECTORIOF PLANNING
July 23, 1997
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county -wide or
inter -community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Bacon, Louis Moore
GGN:cc
C:\WPWIN6OkWPDOCS\ZONING\WORKING\LDS\JULY\SD4491.JUL
4491
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
220 RABRO DRIVE ■ P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NY '11788-0099 ■ (516) 853-5190 0 FAX (516) 853-4044
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Rt]UffiW
Lydia A. Tortora
Maureen C. Osterman
BOARD OF APPEALS;
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Pursuant to Article XIV of the Suffolk County A&tinistrat=ve Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Cannission:
Variance from the Zoning Code, Article
, Section
Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Permit
Appeal No: 4491 Applicant: Louis Moore Bacon (Robins Island)
Location of Affected Land: Robins Island
County Tax Map Item No.: 1000-134-3-5
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area .
Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport for
Comments: Applicant is requesting modification, in part, of
Variance Project #4354 approved by the Board of AnnpalG an Marrhgr 1g96
Copies of Town file and related documents enciosea ;or your review.
Dated: July 22, 1997
OG�icCt1 �O+ F ag �v
Z0N11N! a BOIARD OF APPEALS
T O'VVIN HALL
[MAIN ROAD - 5. R. 25
SOUTHOLD),
INTER -OFFICE MEMO
All ernU
FROM:
Office
f
FROM: ZBA Officc e
DATE: July 17, 1997
SUBJECT: Appl. #4491 - Bacon (Robin's Island)
Kevin Law, attorney for Louis Moore Bacon, extends his sincere
thanks and appreciation, and asked that I tell the board members
that if every ZBA functioned and operated the way we do in
Southold, there wouldn't be problems in the other towns.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostertnann
BOARD OF APPEALS
TOWN OF SOUTHOLD
July 16, 1997
BY FACSIMILE TRANSMISSION 832-7555 & Regular Mail
Kevin S. Law, Esq.
Nixon Hargrave Evans & Doyle, LLP
990 Stewart Avenue
Garden City, NY 11530
Re: Appl. No. 4491 - Louis Moore Bacon (Robins Island)
'r
Dear AM:
Southold Town Hall
53095 Main Read
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Enclosed please find a copy of the
Appeals
Board's determination
rendered
at its July 10, 1997 meeting. A
copy has today been
forwarded
to the Building Inspector's
Office
for their files and
update.
You may wish to contact the
Building
Department directly
(765-1802)
for the minor changes on the
permits
or other documentation
as may be
necessary.
Very truly yours,
/Ln..C.)A-
41-da
A---- 'C
a Kowalski
Enclosure
Copy of Decision to:
Building Department
Suffolk County Planning Commission
(within 500 feet of a waterway)
r
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF JULY 10, 1997
Appl. No. 4491 - Louis Moore Bacon
LOCATION OF PROPERTY: Robins Island
PARCEL 1000-134-3-5
DATE OF PUBLIC HEARING: June 19, 1997
FINDINGS OF FACT
PROPERTY FACTS /DESCRIPTION:
This property is located in an R-400 Zone District, near North Race
in Great Peconic Bay consisting of 434+- acres.
BASIS OF APPEAL: ZBA Conditional Action rendered March 6, 1996
under Appl. No. 4354.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: This is an
application requesting approval for modification, in part, of
Variance Project 74354 approved by the Board of Appeals March 6,
1996. The specific areas requested for consideration are:
(1) AREA C FARM CENTER: Modification as follows:
(A) C.4 Agricultural/ Maintenance Compound: Reduce
size, scope and reassignment of sleeping quarters, and location
slightly to the east.
(B) C.5 Gamekeepers Barn: Add use for periodic
sleeping quarters of two staff employees (reassignment) .
(2) B.5 DUCK INN -COTTAGE: restore building and add use of
periodic sleeping quarters for one employee.
(3) B.1 LANE LODGE -HOUSE. Minor clarification for record
purposes to show height. exists as three stories, not 2-1/2 stories as
originally requested.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because this is a parcel which lies one mile from
any other real property in the Town of Southold, and change
requested will not have a detriment to the island,
Page 2 - July 10, 19; . Appl. #4491
Re: 1000-134-3-5 (Moore/Robins Island)
Southold Town Board of Appeals
(2) The requested area variance is not substantial and is a minor
modification from March 6, 1996 determination.
(3) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because the island is 434 acres in size and the relief
requested is minor modification.
(4) The situation has not been self-created.
RESOLUTION/ ACTION: On motion by Member Dinizio, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the relief as applied.
VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio,
Tortora, and Ostermann. This resolu as ad b nan mous
vote (5-0). '7�7 �' � .' 7
GERARD P. GOEHRIXGER, CWAIRMAN
Resolution Adopted July 10., 1997
xx�exhc�cxsc�;ehcx�cxxxxxhcxxhc
Actions. new/ 134-3-5
APE S BOARD MEMBERS
Gerard P. Goehrmger, Chairman
Serge Doyen
James Dinizio, Jr.
&qMtA3(ftXX
Lydia A. Tortora
Maureen C . Ostermann
FOLLOW-UP MEMO
SJJFFO[/(cOG
c
C* =
O*A
BOARD OF APPEALS
TOWN OF SOUTHOLD
TO: All ZBA Members
FROM: ZBA Office
DATE: June 11, 1997
RE: Robins Island Application -Louis Moore Bacon
134-3-5
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Attorney K. Law has made transportation, arrangements for Board
Members and Board Secretary to visit Robins Island regarding the
above application on the following date:
9 a.m. on Thursday, June 26, 1997 at New Suffolk.
Mr. Peter Trexler, new Manager of the Island, will meet the board.
The public hearing will proceed on June 19, 1997 at 8:15 as
advertised, subject to the above on-site visit.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
U#XMX#
Maureen C. Ostermann
-10 SV ��CO
Southold Town Hall
53095 Main Road
`r'
P.O. Box 1179
® �
Southold, New York 11971
Fax (516) 765-1823
,t,
�f01
Telephone. (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
June 10, 1997
kevin Law, Esq.
Nixon Hargrave Devans & Doyle LLP
990 Stewart Avenue
Garden City, NY 11530-4838
Re: Appl. #4.191 - Robins Island Project Modification
Deargfi5v;
This will confirm that the above application has been calendared
by resolution of the Board adopted on June 5, 1997 for a public
hearing on Thursday, June 19, 1997 at the Southold Town Hall,
Court/Meeting Hall, Main Road, Southold, at 8:15 p.m. A copy of
the Legal Notice as published for this week's issue of the Suffolk
Times is enclosed for your file.
A visit to the site has been requested by Board Members for
some time in June on a day that is mutually convenient for the
applicant.
Very truly yours,
Linda Iiowalski
Enclosure
Resolution Adopted 6/5
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JUNE 19, 1997
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following application will
be held for public hearing by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, JUNE 19, 1997 at the time noted below (or
as soon thereafter as possible) :
8:15 p. m. Appl : No. 4491 - LOUIS MOORE BACON. This is an
application requesting approval for modification, in part, of Variance
Project
#4354
approved
by the
Board of Appeals on March 6,
1996.
Location
of
Property:
Robins
Island; Suffolk County District
1000,
Section
134,
Block 3,
Lot 5,
of 434+- acres. The specific
areas
requested for consideration are:
(1) AREA C FARM CENTER: Modification as follows:
(A) C.4 Agricultural/Maintenance Compound: Reduce size,
scope and reassignment of sleeping quarters, and
location slightly to the east.
(B) C.5 Gamekeepers Barn: Add use for periodic sleeping
quarters of two staff employees (reassignment) .
(2) B.5 DUCK INN -COTTAGE: restore building and add use
of periodic sleeping quarters for one employee.
Page of 2 - Addit,�..a1.Legal Notice
Southold Town Board of Appeals
Regular Meeting of June 19, 1997
(3) B.1 LANE LODGE-11OUSE. Minor clarification for record
purposes to show height exists as three stories, not 2-1/2
stories as originally requested.
The Board of Appeals will at the above time and place hear any and
all persons or representatives desiring to be heard in the above
application. This file is available for review during regular business
hours, and written comments may be submitted before the hearing is
finalized. If you have questions, please do not hesitate to call
765-1809.
Dated: June 6, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
ON
•....................................................... ••••••••••••••••••••••• TRANSMISSION RESULT REPORT
•................... ( JUN 10 197
03 : 38PM )•••••••••••••••••
SOL _D TOWN HALL 516
765 1823.
•.......u......•wY........................................................•.....................................................................................................
(AUTO) .....................
DATE START
REMOTE TERMINAL TIME RE- MODE
TOTAL PERSONAL LABEL
FILE
NO.
TIME
IDENTIFICATION SULTS
PAGES
JUN 10 03:37PM
516 832 7555 01'80" OK ES
03
009
E)ECM >)REDUCTION S)STANDARD
D)DETAIL
F)FINE
M)MEMORY C)CONFIDENTIAL *)BATCH
$)TRANSFER
P)POLLING
5
LEGAL NOTICE
SOUTHOLD TOWN _
BOARD OFAPPEALS
THURSDAY, JUNE 19,1997
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law
and the Code of the Town of Southold,
the following application will be held
for public hearing by the SOUTHOLD
TOWN BOARD OF APPEALS, at
the Southold Town Hall, 53095 Main
Road, Southold, New York 11971, on
THURSDAY, JUNE 19, 1997 at the
time noted below (or as soon thereafter
as possible):
8:15 p.m. Appl. No. 4491— LOUIS
MOORE BACON. This is an applica-
tion requesting approval for modifica-
tion, in part, of Variance Project #4354
approved by the Board of Appeals on
March 6, 1996. Location of Property:
Robins Island; Suffolk County District
1000, Section 134, Block 3, Lot 5, of
434± acres. The specific areas request-
ed for consideration are: -
(1) AREA C FARM CENTER:
Modification as follows:
(A) CA Agricul-
tural/Maintenance Compound:
Reduce size, scope and reas-
signment of sleeping quarters,
and location _slightly to the
east.
(B) C.5 Gamekeepers Bam: Add
use for periodic sleeping quar-
ters of two staff employees
(reassignment).
(2) _11.5 DUCK INN -COTTAGE:
restore building and add use of
periodic sleeping quarters for one
en e.
(3) B tNE, LODGE -HOUSE.
Minor clarification for record
purposes to show height exists as
three stories, not 2-1/2 stories as
originally requested.
The Board of Appeals will at the
above time and place hear any and all
persons or representatives. desiring to
be heard in the above application. This
file is available for review during regu-
lar business hours, and written com-
ments may be submitted before the
hearing is finalized. If you have ques-
tions, please do not hesitate to call 765-
1809.
Dated: June 6, 1997.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER,
Chairman
By Linda Kowalski
1022-1TJu12
A'T' It
STATE OF NE )RK)
) SS:
�dulyCOY, f 2W �FF,OLli)� of Mattituck, in
said County, being
sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMES, a
Weekly Newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
for weeks s cessiv ly, commencing on
Q or
the day of 19
1
A&WOW
Principal Clerk
Sworn t efore me this . %(0-4
day of _ 19 fq _%
MARY DIANA FOSTER
NYORK
OTARY
524655242, SUFFOATE LK COUNTY
COMMISSION EXPIRES AUGUST 31,199 7
- Jur.�-06-97 01:03P Times/Review Newscovp 5162985725
JUN 06 '97 11:57AM _" '1_D TOWN FP -L 516 765 1823
APPEALS BOARD MEMBERS '
Gerard P Goelarin&er. CtLaltman
Sap Doyen
James Dinizio, if..
ft
Lydia A. Tortom
Maureen C. Ostermann
BOAIW OF APPEALS
TOWN OF SOUT HOLD
June s, 1997
FACSIMILE TRANSMISSION
P.O1
P.i
Southold 7bwn Hall
53095 Maja Road
P.O. Box 1179
Southold, Now York 11971
Fax (516) 765-1823
Telephone (516) 765-1849
NOTE: Upon receiving this fax,Ip ease return an initialed receipt
at the bottom, of this page ky fax to the Board - of Appeals at
765-1823. Thank you.
ATTN: KAREN LOPER or CRRISTINE WEBER
Suffolk Tres, Inc.
Re: Attached Legal Notice for Publication June 12, 1997
Please publish the attached two-vap Legel Notice for
publication in this week's issue of the Sufrolk Times. If you have
any quostions, please call us at 765-1808.
Thank you.
Yours very truly,
da Kowalski
Removed at Suffolk Times' Office bar
Please fax receipt to 785-1809- Attn: ZR ice.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C . Ostermann
�o�®guFFO���O
o �
cc 2
BOARD OF APPEALS
TOWN OF SOUTHOLD
S,E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4491
Project/Applicants : Louis Moore Bacon/ Robins Island
County Tax Map No. 1000- 134-3-5
Location of Project: Robins Island
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax(516)765-1823
Telephone (516) 765-1809
June 19, 1997
Relief Requested/Jurisdiction Before This Board in this Project:
An application requesting approval, in part, of Variance Project 4354 approved
by Board of Appeals March 6, 1996
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section. 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990).
- Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL NO. 4491
DATE: JUNE 6, 1997
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax(516)765-1823
Telephone (516) 765-1800
Transmitted is an application for a variance submittedby Nixon
Hargrave, Devans & Doyle, LLP on behalf of Louis Moore Bacon
together with Zoning Board of Appeals Questionnaire; Short
Environmental Assessment . Form; Notice of Disapproval from the Building
Department; survey; and other relevant documents.
Judith T. Terry
Southold Town Clerk
I
Nixon, Hargrave, Devans & Doyle LLP
June 2, 1997
Zoning Board of Appeals
Southold Town Hall
53095 Main Road
P. O. Box 1179
Southold, New York 11971
CLINTON SQUARE
POST OFFICE BOX 1051
ROCHESTER, NEW YORK 14603
(716) 263-1000
SUITE 700
ONE THOMAS CIRCLE
WASHINGTON, D.C. 20005
(202) 457-5300
RE: Louis Moore Bacon (Robins Island)/Request to
Modify Portions of Prior ZBA Determination Issued
on March 6, 1996
Dear Board of Appeals:
On behalf of my client Louis Moore Bacon (the
"Applicant") I submit this letter in support of the Applicant's
request to clarify and modify the Board of Appeals' ("Board")
prior Determination issued on March 6, 1996. As discussed in our
status report to the Board dated March 31, 1997, there is one
minor issue we need the Board to clarify regarding the Lane Lodge
(structure B.1 on the enclosed map prepared by the Applicant's
architect, James A. Thompson) and there are some minor revisions
to other parts of the Applicant's Proposed Plan that we bring to
the Board's attention for its consideration. Please note the
Applicant is not seeking any new variances'at this time.
Lane Lodge (B.1)
We request a clarification from the Board regarding the
number of stories contained in the Lane Lodge. We inadvertently
indicated Lane Lodge was a 2 1/2 story structure on the variance
application submitted to the Board last year which the Board
approved. In fact, the Lane Lodge is indeed a 3 story structure
and, we believe, had we indicated to the Board it was a 3 story
structure the Board would have approved it as such. We are not
seeking any additional height variance for this structure. The
Lane Lodge will remain at 25' in height and we are simply asking
GC01:54428 35521/3
Attorneys and Counselors at Law
ONE KEYCORP PLAZA
990 STEWART AVENUE
ALBANY, NEW YORK 12207
GARDEN CITY, NEW YORK 11530-4838
(518) 427-2650
'(516) 832-7500
FAX: (516) 832-7555
1600 MAIN PLACE TOWER
BUFFALO, NEW YORK 14202
(716) 853-8100
WRITER'S DIRECT DIAL NUMBER: (516) 832-7540
437 MADISON AVENUE
NEW YORK, NEW YORK 10022
(212) 940-3000
June 2, 1997
Zoning Board of Appeals
Southold Town Hall
53095 Main Road
P. O. Box 1179
Southold, New York 11971
CLINTON SQUARE
POST OFFICE BOX 1051
ROCHESTER, NEW YORK 14603
(716) 263-1000
SUITE 700
ONE THOMAS CIRCLE
WASHINGTON, D.C. 20005
(202) 457-5300
RE: Louis Moore Bacon (Robins Island)/Request to
Modify Portions of Prior ZBA Determination Issued
on March 6, 1996
Dear Board of Appeals:
On behalf of my client Louis Moore Bacon (the
"Applicant") I submit this letter in support of the Applicant's
request to clarify and modify the Board of Appeals' ("Board")
prior Determination issued on March 6, 1996. As discussed in our
status report to the Board dated March 31, 1997, there is one
minor issue we need the Board to clarify regarding the Lane Lodge
(structure B.1 on the enclosed map prepared by the Applicant's
architect, James A. Thompson) and there are some minor revisions
to other parts of the Applicant's Proposed Plan that we bring to
the Board's attention for its consideration. Please note the
Applicant is not seeking any new variances'at this time.
Lane Lodge (B.1)
We request a clarification from the Board regarding the
number of stories contained in the Lane Lodge. We inadvertently
indicated Lane Lodge was a 2 1/2 story structure on the variance
application submitted to the Board last year which the Board
approved. In fact, the Lane Lodge is indeed a 3 story structure
and, we believe, had we indicated to the Board it was a 3 story
structure the Board would have approved it as such. We are not
seeking any additional height variance for this structure. The
Lane Lodge will remain at 25' in height and we are simply asking
GC01:54428 35521/3
Nixon, Hargrave, Devans & Doyle LLP
Zoning Board of Appeals
June 2, 1997
Page 2
the Board to modify its prior Determination and indicate the
structure is approved at 3 stories.'
Duck Inn (B.5) and Agricultural Compound (C.4)
The Applicant originally proposed to demolish an
existing dwelling unit (known as the Duck Inn (B.5)) which was
used by prior owners of Robins Island as a caretaker's residence.
However, after a more thorough inspection of this structure, the
Applicant finds this building to be quite salvageable and he
intends to restore it. Upon restoring Duck Inn, the Applicant
intends to use it as periodic sleeping quarters for one
individual. Since this structure was not considered by the Board
last year, we ask the Board to modify its prior Determination to
include the use of this structure by the Applicant. The
Applicant is not seeking any height variance for this structure.
Additionally, the size and scope of the Agricultural/
Maintenance Compound has been reduced and construction of only
two smaller unattached wings is now envisioned (as opposed to the
quadrangle concept originally proposed to be attached to the
Workshop (C.4.1)). The enclosed map depicts this minor revision
and the slight relocation of the same. No additional variance is
being applied for.
The Board previously approved dormitory quarters/
sleeping accommodations with a shared kitchen facility for
overnight stays for four (4) employees in the existing Workshop
(C.4). In light of the service and security needs to place
employees in several areas of the Island, we request that the
Board modify its previous Determination and allow the Applicant
to reassign three (3) of the four (4) periodic sleeping quarters
in this structure and permit two (2) of the employees to
periodically stay in the Gamekeeper Barn (C.5) and permit one (1)
individual to periodically stay in Duck Inn (B.5). This request
simply seeks a reassignment of the sleeping quarters already
approved by the Board and will not increase the aggregate amount
of sleeping quarters already approved. Thus again, no variance
1 As for any concerns the Board may have with a 3 story
wood frame structure, we addressed that issue with Gary Fish and
the New York State Department of State and obtained a variance
from the State allowing the Applicant to utilize all 3 stories in
Lane Lodge. (See copy of variance attached as Exhibit A.)
GC01:54428 35521/3
Nixon, Hargrave, Devans & Doyle LLP
Zoning Board of Appeals
June 2, 1997
Page 3
is being applied for. The Applicant is simply seeking a partial
modification to the Board's prior Determination.
Other Minor Revisions
The Applicant also proposes to build an addition to the
Gamekeeper Barn (C.5) to be used as a squash court (the building
permit is already in place for the renovation to the barn and an
amendment to the permit for the addition will be applied for this
week). Also, the location of the Tennis Court (C.2) and the
Horse Paddock (C.5.1) has slightly moved (see map). While no
variance is being applied for either of these structures and, as
stated in the Board's prior Determination, Board approval is not
required for additional accessary structures not contained in the
original Plan (unless, of course, a height variance is required),
we nevertheless bring the minor revisions to the Board's
attention and request .a modification to the Board's prior
Determination to reflect them.
SUMMARY
The Applicant maintains that all of the requests
contained on this application are consistent with the Board's
prior determination, will not change the character of the Island
or the community., observes the spirit of the Town's zoning
ordinance and will not have any negative effect on the
environment.2 Further, there will be no undesirable change nor
any detriment to the health, safety and welfare of the community.
Accordingly, -the Applicant respectfully requests the Board
partially modify its prior Determination as described above.
KSL:cm
Encls.
Respectfully submitted,
2 The Board previously adopted a Negative Declaration for
the Applicant's Proposed Plan on February 7, 1996. As this new
request is ministerial in nature and as the Applicant's minor
revisions do not create any significant threat to the
environment, there is -no need to require any additional review
under SEQRA.
GC01:54428 35521/3
STATE OF NEW YOr1K
DEPARTMENT OF STATE
A4"Ar4Y. NY 12231-000t
ALIXANDRA F, TR[ADWK"
6CCkl3TAR1' OF -STA'fs
In the Matter of the Petition of: DECISION
Robins Island Reservation Corp.
For a Variance to the New York State PETITION NO. 200-9742
Uniform Fire Praventlon & Building Coda
Upon the application of Robina Island Preservation Corp., flied pursuant to 19 NYCRR 4So
on February 24, 1997, and upon all other papers in this matter, the Department makes the
following determination;
NATURE OF -0 [EVAN
r,E AN -13 R�r OUOFil
The petition pertalns to alterations to an existing three-story building of type Sb,, woad frame
Al, one -family dwelling and located an Robina Island, Town of Southold, County of Suffolk, State
of New York, The petitioner wishes to maintain an exdsting third floor,in a building undergoing a
substantial renovation. Relief Is requested from 9 NYCRR 705.2(b), which limits the height of
buiidin'ga of We 5 construction to a maximum of two stodea above a basement or cellar of
masonry construction.
1. The subject building Is three -stories and has a gross area of approximately 10,000 square
tact.
2- Construction on the subject building commenced over seventy years ago. Framing, roofing,
partitions, and windows were In place and plastaring was underway an the third boor. The
building was never completed or occupied due to the death of the owner.
C.? printed on recycled Caper
Petition No.200r97-62
Page 2
3 The petitioner has undertaken a substantial renovation of the entire building and wishes to
retain the use of the third floor for habitable oppce, as originally planned. The third floor
space will have an area of approMmateiy 2,000 square feet. Larger dormerswill be
constructed; to provide adequate adequate light, ventilation, end code compliant egress
windows.
4. The petitioner proposes to provide a fully enclosed, rear service stair from the ground floor
to the third floor. In addition to the main, unanclosed stair.
S. The petitioner has agreed to Install sprinklers throughout the third floor and along the path of
travel down the rear service stair to a service/mudroorn exit door. The Installation shall be in
accordance with 9 NYCRR 1060.4.
6. The antlre house will be equipped with an Integrated firs- and smoke -detecting system, with
central station monitoring. The Installation shall be in accordance with 9 NYCRR 1060.3.
7. The roof at the rear of the building has a -shallow pitch, and curves down to an esve height
Of approximately nine feet above grade, The rnof could be easily accessed from the dormer
egress windows. This affords an additional level of protection in an emergency situation.
6. The local code enforcement official concurs with the granting of the relief.
Strict compliance with the provisions of the Uniform Fire Prevention and Building Code
would be unnecessary in light of the alternatives which are an enclosed second stairway, a
sprinkler system installed on the third floor and along the path of travel down the rear service
stair to the exit door, Interconnected fire- and smoke -detecting system with central station
monitoring. These alternatives vAll ensure the achievement of the code's Intended objective.
Petition No. 200-97-52
Page 3
MOM NATI®N
WHEREFORE IT I3 DETERMINED that the application for a variance
frnm
9 NYCRR 705.2(b), to permit the construction Of third floor habitable space In a building ofe 5
construction, be and is hereby PROPpgED to be GRANTED conditions:
with the fallowing condi • ryp
9. That an enclosed second stair be provided to the third floor, r
2. That a sprinkler system be Installed In the entire third floor and along the path of travel down
an enclosed rear service stair to a service/mudroorn,.in accordance with 9 NYCRR 9050.4.
3. That an Interconnected fire- and sntake-detacUng system with central station monitoring,
Installed In accordance with 9 NYCRR 1080,4, be provided throughout the e� llin
entire dwelling.
tha o h es '
This decision is limited to the specific bullding.and appllcation before it, as contained within
the petition, and should not be Interpreted to give Implied approval of any general plans or
zPaciflcations Presented in support of this application. -
1
40E. CIark'Jr.
,Codes Division
DATE; ?�� f jq
EKtmo
Petition bio. 200-97-52R
The persons below are advised to
NOTICE
relief
r The attached document pe�ainm to a pe a attached
rel#e= related to code requirements. n for
call (518) 474-4073 and ask for the Variance ttnite aPl®�estione,
to the p®tition number in all related conversations Please
refer
correspondence With us.or
/R0BZNS • ISla= PREURVATION CORP
C/O PRTRR TALTY
PO Box 301
NRA BUTFOLX NY 11956
GARY rxSB
TOWN OF SOQTROLD BLD® DrPT
'OWN SALT. BOX 1179 MAIN RD.
SOUUOLD NY 12.971
SEE PREVIOUS 3ATIVE DECLARATION ISSUED BOARD ON,,W.
FEBRUARY 7, 1__5
The N.Y.S. Environmental Quality Review Act reouires submission
of t his farm, and an environrienczi review will ue atdde Ly this Loard
before any action is taken.
SHORT E`:VIRONIMENTAL ?SSESSMENT FOR:4
INSTRU _77IONS:
(a) in order to answer the questions in this short EAF it is assumed
that the prepares will use currently available information concerning the
Project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations'wili be- undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and ccmuleted Environmental Assessment Foran is necessary.
(c) If all questions have been answered No it is likely that the
project is not signi--icant.
(d)
Environmental Assessment
I.
Will project result in a large physical change
to the project site or physicaily'alter more
than 10 acres of land?
X
_'�es
NO
2.
Will 'here be a major change to anv unicue or
unusual land for -a on the site?
_Yes
X No
3.
Will project alter or have a large effect on
anexisting body of water?
_yes
X No
4.
Will project have a potentially large impact on
groundwazer quali tv?
_Yes
_y .No
5.
Will project significantly effect drainage flow
an adjacent sites?
• Yes
X No
o'.
Will project affect any threatened or endangered
plant or animal species?
_Yes
X No
7.
Will project result in a major adverse effect an
air quality?
_Yes
_X_No
S.
Will project have a major effect on visual char-
acter of the cc=unity or scenic views or vistas
known
to be immportant to the community? _Yes
XVo
9.
1o.
Will project adversely imvact any site or struct
ure of historic, pre -historic, or paleontological
importance or anv site designated as a critical
envire;Imental area by a local.agency? _Yes X No
Will project have a major effect on existing or
future recreational opportunities?
_Yes _X_No
11.
Will project result in major traffic problems or
cause a major effect to existing transportation
systems? -
_Yes X No
12.
Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the_roject's operat=on? Yes
- X No
Will project have any impact on public health
or safety?
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of :-.ore than 5 percent over a one -_yea
ref'-oa or have a major negative effect on the
character of the community or neighborhood?
l5. Is there plbli,, controversy concerninc zh
project? e
'reparer' s
w
�epLesenti ;� LOUIS MOORE BACON
_Yes X No
_Yes X No
Yes X NO
May 27, 1997
QUESTT-CNNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
LOUIS MOORE BACON (Sole Owner)
B. Is the subject premises listed an the real estate market for
- sale or being shown to prospective buyers? ( ) Yes
( X) No. (.1f vex, Pleas attach =_mv of "conditr nns" of sale.)
C. Are there arty vraposals to change = alter l=d contcurs?
( ) Yes ( X) No
D. 1. Are there anv areas which contain wetland grasses? Yes
2. Are the wetland areas shown on the map submitted with
this ap_elication? Yes
3. Is "he property hu-1kheaded between the wetlands area and
the upland building area? No
4. If your prowerty contains wetlands or pond areas; have
you contacted the Office of the Town Trustees for its
det-rmi na. - cn of u�' -d ctien? Yes
All proposed" activities are �TRRe�d more thau TOO`I-fom any wetland, i.e., no wetland
E. Is there a depression or sloping elevation near the area opermits required.
proposed ccnstruction at or below five feet above mean sea
level? No (=f not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bu13heads or fe..cs
which exist and are not shown on the survey map that you are
submitting? __None If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? Yes If yes, please submit a copy
of your building permit and map as approved by the Building
Depart.�tent. If none, please state. Please see copy of Applicant's status report
dated March 31, 1997
H. Do you or any cc -owner also own other land close to this
Parcel? Yes If yes, please explain where or submit cov_ies
of deeds. Applicant owns two (2) small parcels in New Suffolk that are not subject
to this application.
I. Please list present use or ope-rations conducted at this
parcel Residential, Agricultural, Hunting Sports and
proposed use _ gamP i
(�
-13,)1
Au aorized Signature ana Dao --
3/87, 10/901k
Nixon, Hargrave, Devans & Doyle LLP
CITYPLACE
185 ASYLUM STREET
HARTFORD, CONNECTICUT 06103
(860) 275-6820
VIA FEDERAL EXPRESS
Ms. Linda Kowalski
Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York
RE:
Dear Linda:
WRITER'S DIRECT DIAL NUMBER: (516) 832-7540
E-MAIL: klaw@nhdd.com
June 3, 1997
11971
Robins Island
437 MADISON AVENUE
NEW YORK, NEW YORK 10022
(212) 940-3000
CLINTON SQUARE
POST OFFICE BOX 1051
ROCHESTER, NEW YORK 14603
(716) 263-1000
SUITE 700
ONE THOMAS CIRCLE
WASHINGTON D.C. 20005
(202)457-5300
Enclosed please find an original and five (5) copies of
Mr. Bacon's application and accompanying exhibits to modify the
Board of Appeals' prior Determination issued on March 6, 1996,
along with the required check for $400. It is our preference to
have the Board act on this application at their June 19th meeting
and thus we would greatly appreciate it if the Board would accept
the application at their June 5th meeting.
Please don't hesitate to contact me if you have any
questions. Thank you.
KSL:plk
Enclosures
GC01:54588
Sincerely,
-jaw
Attorneys and Counselors at Law
ONE KEYCORP PLAZA
990 STEWART AVENUE
ALBANY, NEW YORK 12207
GARDEN CITY, NEW YORK 11530-4838
(518) 427-2650
(516) 832-7500
FAX: (516) 832-7555
1600 MAIN PLACE TOWER
BUFFALO, NEW YORK 14202
(716) 853-8100
CITYPLACE
185 ASYLUM STREET
HARTFORD, CONNECTICUT 06103
(860) 275-6820
VIA FEDERAL EXPRESS
Ms. Linda Kowalski
Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York
RE:
Dear Linda:
WRITER'S DIRECT DIAL NUMBER: (516) 832-7540
E-MAIL: klaw@nhdd.com
June 3, 1997
11971
Robins Island
437 MADISON AVENUE
NEW YORK, NEW YORK 10022
(212) 940-3000
CLINTON SQUARE
POST OFFICE BOX 1051
ROCHESTER, NEW YORK 14603
(716) 263-1000
SUITE 700
ONE THOMAS CIRCLE
WASHINGTON D.C. 20005
(202)457-5300
Enclosed please find an original and five (5) copies of
Mr. Bacon's application and accompanying exhibits to modify the
Board of Appeals' prior Determination issued on March 6, 1996,
along with the required check for $400. It is our preference to
have the Board act on this application at their June 19th meeting
and thus we would greatly appreciate it if the Board would accept
the application at their June 5th meeting.
Please don't hesitate to contact me if you have any
questions. Thank you.
KSL:plk
Enclosures
GC01:54588
Sincerely,
-jaw
♦.
ONE KEYCORP PLAZA
ALBANY, NEW YORK 12207
(516) 427-2650
1600 MAIN PLACE TOWER
BUFFALG, NEW YORK 14202
(716) 853-8100
Nixon, Hargrave, Devans & Doyle LLP
Attorneys and Counselors at Law
990 STEWART AVENUE
GARDEN CITY, NEW YORK 11530-4838
(516) 832-7500
FAX: (516) 832-7555
437 MADISON AVENUE WRITER'S DIRECT DIAL NUMBER: (516) 832-7540
NEW YORK. NEW YORK 10022
(212) 940-3000 March 31, 1997
VIA TELECOPIER AND REGULAR MAIL
(516) 765-1823
Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York 11971
Attn: Linda Kowalski
Re: Robins Island
Dear Linda:
-/
CLINTON SOUARE
POST OFFICE BOX 1051
ROCHESTER, NEW YORK 14603
(716) 263-1000
SUITE 700
ONE THOMAS CIRCLE
WASHINGTON, D. C. 20005
(202) 457-5300
I trust this letter finds you doing well. Pursuant to the Southold Board of
Appeals ("Board") Findings of Fact and Determination, dated March 6, 1996 (specifically
Paragraph (6)(3)(d)) what follows is the status of relevant construction activities that have
taken place on Robins Island during the past year and that are scheduled to occur during the
next year. Although efforts to date (as well as for the remainder of this year) are
concentrated on the restoration and renovation of existing structures, as discussed below,
there have been some minor changes to Mr. Bacon's Proposed Plan that we respectfully
request the Board's clarification on and/or consent to.
Area A - Island Access Area
• No action
Area B - Hunting Lodge Complex Area
• Mackay Cottage (B.2) is being repaired and restored (building permit in
place);
• Ice House (B.3) is currently under renovation (permit in place);
• Lane Lodge (B.1) restoration and completion is scheduled to begin
some time.this spring.
As for Lane Lodge, we need a clarification from the Board. In our submittals to the Board
last year we indicated Lane Lodge was a 2 1/2 story structure, while it is in fact a 3 story
structure. It is Mr. Bacon's intention to fully utilize all three stories without increasing the
height of the existing structure. Thus, we request that the Board clarify its approval for
Lane Lodge and reflect the fact that the existing structure is currently 3 stories. Also, we
had originally proposed to demolish the Duck Inn, however, after a more thorough structural
GC01:51181
Nixon, Hargrave, Devans & Doyle LLP
Linda Kowalski
March 31, 1997
Page 2
review, we are happy to report that the building is quite salvageable and it is now Mr.
Bacon's intention to restore the Duck Inn. Upon restoring Duck Inn, Mr. Bacon intends to
use it as periodic staff quarters containing sleeping quarters for one individual. (See
discussion below). Mr. Bacon has no intention to increase the height of the structure.
Area C - Farm Center
• The size and scope of the Agricultural/Maintenance Compound (C.4)
has been reduced and construction of only two smaller unattached
wings is now envisioned (as opposed to the quadrangle concept
originally planned to be attached to the Workshop (C.4.1)). The
general location of these structures has slightly moved east of the
original location.
• Expansion and renovation to the Gamekeepers Barn (C.5) is nearly
complete.
If you recall, the Board approved dormitory quarters/sleeping accommodations
with a shared kitchen facility for overnight stays for 4 employees in the Agricultural/
Maintenance Compound. In light of the minor modification to this structure we now request
the Board allow Mr. Bacon to reassign 3 of the 4 periodic sleeping quarters in this structure
and permit two (2) of the employees to periodically stay in the Gamekeepers Barn and permit
one (1) individual to periodically stay in Duck Inn. This variation will simply be a
reassignment of the sleeping quarters already approved by the Board and will not increase the
aggregate amount of sleeping quarters.
Area D - Family Area
• No action.
We trust the minor modifications discussed above will not present any problems to the
Board and assume they will not trigger reopening of the hearings held from December 1995
to March 1996. Accordingly, we look forward to receiving the Board's written response
indicating its consent to the issues discussed above. Please don't hesitate to contact me if
you have any questions. As always, thanks for your assistance in this matter.
Sincerely yours,
Kevin S. Law
KSL: cm
GC01:51181
M
Memorandum from ....
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
•Date : //0/5,
To:/
From: /
Lo`-G�%l. C?if�rC�G� C✓C, .,L(��:-�-a-�`� �- /CQ.�jr-�1��r
C /
X-31-97 MON 16;18
ONE KEYCOIaO PLAZA
ALBANY. NEW YORK 12207
(SIG) 627..2050
IBOOMAIN PLACE TOWER
BUFFALO, NGW YORK' -4202
(716) 81531.8100
NIXON-HARGRAVE
FAX NO. 5168327337
P. 02
Nixon, Hargrave, Devans & Doyle LiY
Attorneys and Cowaselors at Law. '
990 STEWART AVENUE CLINTON BOUARM
GARDEN CITY, NEW YORK 11530'4838x= COST OtFIC[ Box goat
.. ;-TLit%'a rt iP j}!F!!�}�'�:L •� ROR, NEW YORK Ia6O3
CN EeTE
• ' !- - t716) P99-1000
FAX, (516) 832-7565 Iltr ✓, 'i•t�,:r ` . `;
3UITi 900
ONS TWOMAS CIRCLE
• i
477 14ADISSON AVENUE WRITEH•S DIRECT DIAL NUMBER:' (5161.83{22-7640
NEW YOMK. Ncw YORK 10022 {
March 31, '1997,"
VIA TELEC®PIERI REGULAR
(516)765-1823 -
Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York 11971
Attn: Linda Kowalski
Re: Robins Island
Dear Linda:
WASW I NGTON, O. C. 200015
I' 17.02) 467-5900
-------------
)'^'l..
'fi: its' �i .�;. '•r„ - i fyl.ir .h..'A�J.� -
I trust this letter finds you doing well. Pursuant to the Southold Board of
Appeals ("Board") Findings of Fact and Determinatiob, dated March' 6, 1996 (specifically
Paragraph (6)(3)(d)) what follows is the status of relevant construction activities that have
taken place on Robins Island during the past year and,that are scheduledlo occur during the
next year. Although efforts to date (as well as for the: remainder of .this; •year) are
concentrated on the restoration and renovation of .existing- structures, as discussed below,
there have been some minor changes to Mr. Bacon's Proposed -Plan that we respectfully
request the Board's clarification on and/or consent to.
Area A - Island Access Area
0 No action
,P.;ea B - Hunting Lodge Complex Area
•• Mackay Cottage (B.2) is.. being. repaired and- restofed-- (building permit in
place); c.... ..,: i -
Ice House (B-3) is currently'. under.renevatiew.(permit in-place);
Lane Lodge (B.1) restoration'.abdcomple#on:.is.,scheduled.;ta.begin
some time this spring .. W I.
is
As for Lane Lodge, we need a clarification from_ the Board.::., in. bur submittals ,to -the Board
last year we indicated Lane Lodge was a 2 1/2 story. structure, while it is in fact a 3 story -
structure.. It is Mr. Bacon's intention to fully utilize all three stories' without increasing the
height of the existing structure. Thus, we request that the Board clarify its approval for
Lane Lodge and reflect the fact that the existing structure is currendy.3 stories. Also, we
had ori nal y proposed to demolish the Duck Inn, however, after a more- thorough structural
0001:51181 ;'. icL-t.4:4.!lL,k. ?•<
A-31-97' MON 16 c 18 N I XON HARGRAVE FAX N0, . 516832733T; P.03
Nixon. Hargrave, Devans & Doyle i.Lr:.:..,f :yt;
Linda Kowalski
March 31, 1997
Page 2
oil
review, we are happy to report that the building is; 4Wte;_sajvageab1e.and'1t'is now Mr.
Bacon's intention to restore. the Duck Inn. Upon r,estoiring D'uck.`hid, 'Mr.,-*, Bacon: intends to
use it as periodic staff quarters containing sleeping quarters for one individual.. (See
discussion below). Mr. Bacon has no intention to `increase'.'* ` *ijk,;of the''! ixucture.
Area C, Fano Center
• The size and scope of the Agr cultu a JMaintdnance -Compound (C.4)
has been reduced and construction of only two smaller unattached
wings is now envisioned (as oppose& to; thequadiraiagle- concept
originally planned to be attached'to .the Worlcsliop.. (C:4.1)). The
general location of these stdictdtbs,,hast slightly, t0ved,:east of the
original location.
• Expansion and renovation to .tfie Gaimekeepet§'Barn (C.5) is nearly
complete.
If you recall, the Board approved donniton}!;. quarters/sleepmg.,accommodations
with a shared kitchen facility for overnight stays for:.4,,:empl9yees. theiAgricultural/
Maintenance Compound_ In light of the minor modification to this. structure we now request
the Board allow, Mr. Bacon to reassign 3 of :'the- 4 periodic sleeping quarters; inj this structure
and permit two (2) of the employees to periodically.:'stayi::i n=the::Garoieleeepers Barn and permit
one (1) individual to periodically stay in Duck Inn:;:-This.►varia#on.•w—.siiuply:;be:a
reassignment of the sleeping quarters alreadyapp
roved.•by the, Board.. dh&wU.not•:increase the
aggregate amount of sleeping quarters.
_ ::.i.,.i r: .�.: 4• �:(�-sl:i,t3s; - L _ ,:
Area D Family Area
• No action. F: ;;1:�=. c.f;�'::'`E ,''1.
We trust the minor modifications discussed ..ib6v;e,'.will'noi pxeseiit'any.problems to the
Board and assume they will not trigger reopening;ofithe:b�earings;'held,,from,December 1995
to March 1996. Accordingly, we look forward to:receiving th-e;Boar.d�'s twritten:.re' sponse
indicating its consent to the issues discussed;:above. Please',1.don':t:liesitate„to contact me if
you have any questions. As always, thanks for youz ;as§istauae.; ia;:tbus.tatter:' ,
. .. :i,j i•:'a.f'"t3�y.;��.'�iP�.�l.�.i;.a�:`;11•'e�}.:3::j`: ' �'i;�rf.•.
SMcere1y,-jyo1�s..:':
i. '':L
Kevin S:Zaw,
KSL:cm
`•-�Xw3:.r•1`t.�:iik��i�'.t;F�'.:c:x.:tES. �:;1`:�
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
O
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0 v -
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS OF FACT AND DETERMINATION
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an
application for variances, based upon the owners application for a
building permit to construct, and the Building Inspector's issuance of two
Notices of Disapproval, the grounds for which are noted as follows:
D.1 (E.1) Family Vacation Home will exceed the principal
building height limitation stated in the Bulk Schedule of 35
feet, in this R-400 Residential Zone.
D.1 (E.1) Family Vacation Home as a principal one -family
use; Building C.7 Caretaker Cottage for year-round use and
occupancy) and Buildings B.1 Lane Lodge, C4 (C4.1)
Agricultural Compound, D.4 (E.4) Garage with staff or guest
quarters each as an accessory: One Family Dwelling not to
exceed one (1) dwelling on each lot under Permitted uses in
an R-400 Zone. Action required by the Zoning Board of
Appeals. All buildings which will contain living quarters
as an accessory with an extension of the principal one -family
dwelling use and/or which exceed 18 ft. height limitation as
an accessory are being considered for variances under Article
III, Section 100-33A.
A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, B.2 Mackay
Cottage, C.1 Recreation Building, C.7 Caretaker's Cottage,
D.4 (E.4) Garage with staff quarters, B1.2 Mechanical
Services Building and B2.1 Mackay Garage will exceed 18'
height limitation as accessory buildings, Article III,
Section 100-33A.
(Approvals required by the Zoning Board of Appeals before
building permits may be granted.)
Location of Property: Robins Island, near North Race of Great Peconic Bay,
Town of Southold, NY; Parcel ID No. 1000-134-3-5 of 434+- acres.
WHEREAS, an inspection of the property and the specific areas under
consideration has been attended by members of the Board of Appeals; and
WHEREAS, all procedures have been properly followed and a Negative
Declaration under the New York State Environmental Quality Review Act was
declared on February 7, 1996 by the Lead Agency Board of Appeals after
coordination with the involved agencies; and
WHEREAS, after due notice, public hearings were held on December 6,
1995 initially, and continuing for additional information and discussions on
January 10, 1996 and February 7, 1996,
fa•
a I
Page 2 of 10 - Marc;l.t (i, 1996
Appl . No. 4354 - Louis M. Bacon ( Robins Island)
Southold Town Board of Appeals
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the Board of Appeals hereby confirms the following Findings
of Fact:
REQUESTED RELIEF:
1. By this application, appellant requests several variances under the
Southold Town Zoning Code relative to Article III, Section 100-33A and Bulk
Schedule applicable to the R-400 Zone District. More specifically, the
following buildings are the subject of the relief requested and are shown on
the proposed "Plan" dated November 6, 1995, prepared by James A.
Thompson, Architect. The general location of these buildings, which are
under the jurisdiction of the Board of Appeals in this variance application,
are identified by the key coordinates' listed below:
A2 New boat house building - 40' North West of 277,000 x 2,423,500
Height Requested: 29.5 ft. height maximum with 1-1/2 stories
B1 Lane House - 190' West of 276,500 x 2,424,000
Height Requested: 25 ft. maximum height with 2-1/2 stories
C1 New recreational building - 325' North West of 275,500 x 2,424,000
Height requested: 45 feet maximum with two stories;
C7 Caretaker Cottage - 215' South West of 275,500 x 2,424,500
Height requested: 25 feet maximum with two stories;
D1 Family Vacation Home - 95' North of 272,000 x 2,425,000
Height requested: 45 feet maximum with 2-1/2 stories;
D4 Garage - 225' South West of 272,500 x 2,425,000
Height requested: 25 ft. height maximum with two stories.
Also noted are the following buildings which will be interpreted by the Board
of Appeals to be subordinate and accessory to the principal building con-
taining various accommodations as described hereinafter:
A2
"Boat house building" - 40' North West
of 277,000 x 2,423,500.
B1
"Lane House" - 190' West
of 276,500 x
2,424,000
B2
"Mackay" building - 165'
North East of
276,500 x 2,424,000
C4
Agricultural -Maintenance
Compound" 220'
North of 275,500 x 2,424,500,
C7
"Caretaker" building - 215'
South West
of 275,500 x 2,424,500
D4
"Garage/ Staff" building -
225' South West of 272,500 x .2,425,000.
PRESENT SITE DATA:
2. The premises in question is an island . consisting of approximately
435 acres, located in the R-400 Residential Zone District. The land is all
New York State's Plane Geometry Northing and Easting Coordinate
System, Long Island Zone
Page 3 of 10 - Marc__ _ , 1996
Appl.. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
in one ownership and is a single parcel for the purposes of building and
zoning. The property is presently improved with the following buildings,
identified from the "Historic Buildings Inventory" map prepared by
Landmarks, Randall Parsons & Associates, and Robert J. Heffner, Jan. 1995,
and survey by John J. Raynor, Nov. 28, 1994:
a.. Lane Building ( referred to as Lane House Bl)
b. Clubhouse ( referred to as Mackay Cottage B 2 )
c. Cottage "Duck Inn" (B5) (to be demolished)
d. Ice House (B3)
e. Barn Complex (C4)
f. Granary (part of C Area)
g. Large game keepers building (part .of C Area)
h. Breeder building complex (C Area) (to be demolished)
i. Fire cistern (C9)
j. Two windmills
k. Temporary greenhouse -type structure(s) .
SETBACKS and BUFFERS.
3. Also, in considering and evaluating this application, the record
includes, but is not limited to, the following information and facts:
a. Location of all currently proposed buildings and structures under
this variance request will be as identified on the Schematic Diagram entitled
"Robins Island Proposed Plan" (the 'Plan') prepared by James A. Thompson,
Architect, dated November 6, 1995 and as 'more specifically described within
plus or minus 50 feet of the grid location markers in accordance with the New
York State's Plane Coordinate System, Long Island zone; and
b. Applicant agrees to comply with all clearing and buffer retention
standards and regulations as may be required by the Southold Town Trustees,
N.Y.S. Department of Environmental Conservation. All roads shall be
adequate for safe, emergency access in accordance with recommendations that
may be made, or agreement with the local (fire) district having jurisdiction
thereunder that may be entered into.
4. BASIS OF APPEALIZONING 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 - Mar,.;.,, 6, 1996
Appl. No. 4351 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Article XXIII, Section 100-231 restricts fences (including fencing for
tennis courts) to height limitations between 4 and 6.5 feet, in respective ,
and side or rear yard areas.
Article III, Section 100-31A provides for a principal (or primary)
one -family detached dwelling use in a building which meets the yard, height,
and parking requirements set forth in the Bulk Schedule. The requirement
for the principal building is set forth at 35 feet in height (applicable to
the proposed Vacation House building in the "Plan") .
5. TOWN LAW STANDARDS/OTHER CONSIDERATIONS
Among other considerations included in this variance application, the
Board of Appeals is required to balance two elements: the benefit to
applicant from the variance, and the detriment to the health, safety and
welfare of the community or neighborhood that would occur if the variance
were to be granted. In balancing the standards of law relative to these two
elements, the following factors have been considered and determined:
(a) The relief requested does not pose any threat to the health,
safety, and welfare of the community. There will not be an undesirable
change produced in the character of the neighborhood or a detriment to
nearby properties created by the grant of this variance and conditions. The
essential historical, agricultural and residential character of the island
will not be changed. There will be no significant change in the number of
buildings containing habitable quarters on the property (in comparison -to
those presently existing or which occupied the island before the original
ordinance was adopted). ,
(b) The benefit sought by the applicant can otherwise be achieved
only by a major subdivision which was not encouraged by Town Departments
since the whole concept of preserving the historical and residential
character of the island is beneficial to all. No other method is available
other than by variance approval.
(c) The requested variances are not substantial in relation to the
preestablished height - of buildings presently existing at the site and
preexisting use of the . buildings; the proposed "Plan" is designed as a
"family compound" rather than as a subdivision of individual lot owners which
allows for the comprehensive management of the natural resources of the
Island as a single parcel.
(d) The proposed "Plan" will not have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district.
Further, the "Plan" observes the spirit of the Town Code, is consistent with
the Town of Southold Master Plan, and furthers the public interest. (Also
see Negative Declaration under SEQRA adopted February 7, 1996) .
(e) The relief requested is not self-created or personal to the
landowner, by the fact that the island is a single lot, the needs are related
to the strict application of the zoning ordinance, the unique size, and
natural characteristics of the land, historic nature of the buildings and
%r Page 5 of 10 - Mar(-__ i, 1996
Appl . No. 4354 - Louis M. Bacon ( Robins Island)
Southold Town Board of Appeals
property, as well as the isolated nature of the island, limited access, and
other unique characteristics described in the above findings of fact that are
not shared by all properties in the vicinity of this property and same use
districts, and other facts submitted under this application.
(f) The large size of this single parcel (435 acres), the isolated
nature of the island with access only over water and by air, and its rural
and historic character create unique requirements for accessory buildings and
on-site support staff living, that cannot be found in other projects and
which play a large part in this decision.
6. BOARD DETERMINATION AND CONDITIONS:
ACCORDINGLY, on motion by Member Villa, seconded by Chairman
Goehringer, it was
RESOLVED, to APPROVE the relief requested under Appl. No. 4354 in
the Matter of the Application of LOUIS MOORE BACON, SUBJECT TO THE
FOLLOWING CONDITIONS:
Height, Expansion, and/or Use:
1. a. The height' and sizes of all existing and proposed buildings
requiring variances shall be approved as follows:
A.2 Boat House building - maximum 29.6 ft. height at 1-1/2
stories. The percentage of relief is approximately 64%, or 11.6 ft.
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 ft. code requirement for a new building, (but not
substantial in relation to the 35 ft. height of the presently
existing barn building.)
C7 Caretaker Cottage - maximum 25 ft. height maximum and two
stories. The percentage of relief requested in relation to the
requirement for an accessory building is 39%, or seven feet.
D1 Family Vacation Home - limited to 45 ft. height maximum and 2-1/2
stores. The percentage of relief is 28.5%, or 10 feet.
Height is defined under "Section 100-13 Definitions" of the
Southold Town Zoning Code.
Page 6 of 10 - Marc 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
D.4 Garage building with staff quarters - height at 25 ft. and two
stories. The percentage of relief is 39%, or seven ft.
1. b . The following buildings shall be permitted as unattached extensions
to and subordinate and accessory to, the principal building described as
follows:
(1) (a) B2 "Mackay Cottage" building as an extension of use
which shall be subordinate and accessory to the principal building and
with a living area and single kitchen; (b) B1 "Lane Lodge" building as
an extension of use subordinate and accessory to the principal building
and with living area and a single kitchen; (c) C7 "Caretaker's
Cottage" building as an extension of use subordinate and accessory to
the principal building and with living area and a single kitchen;
(d) D4 "Garage with Staff Quarters" building as an extension of use
subordinate and accessory to the principal building, and with sleeping
accommodations and allowable microwave -cooking, rather than a
permanent kitchen facility, for periodic vacation house staff, and not
to be rented separately from the other buildings, nor treated as a
dwelling or separate living unit, (unless further application and
approval or waiver is granted for modification) ; and
(2) A2 "Boat house building" shall be limited to office and
lounge areas for security personnel and staff, and as 'an accessory
building subordinate to the principal building, as well as for docking
and storage of boats used by the owner and the owner's family, their
employees and guests (as needed for transportation, security, family
activities, and other island -related uses) - however, no kitchen
accommodations are permitted (unless further application and approval or
waiver is granted for the modification) ; and
(3) C4 "Agricultural -Maintenance Compound" building use shall
be limited to periodic sleeping accommodations and a single,
shared -kitchen facility for up to four persons (agricultural staff) in
this compound only, and not as a separate dwelling or guest unit, in
addition to permitted agricultural activities, workshops, and accessory
fuel storage and other storage uses (unless further application and
approval or waiver is granted for the modification) .
C. Future enlargement or expansion of the nonconformity (those
buildings containing extended use of accessory buildings for habitable
quarters) in addition to that requested under this application shall require
written notification to the Board of Appeals, and if deemed necessary by the
Board >o.f Appeals, further application for the new expanded areas will be
required (ref: current Section 100-241 or future Zoning Code regulations
pertaining to " non conformities") .
d. To the greatest extent practicable, the presently existing, natural
vegetated 20 ft. deep buffer between the proposed Vacation Home and the
top of the bluff shall maintained and replaced only if necessary due to
damage by environmental conditions, unless otherwise determined by the
Page r of 10 - Marc >, 1996
' d Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Board of Appeals at a future date. (This condition is related to the height
request for the Family Vacation Home.)
e. The setback of the "Family Vacation Home" shall be at 100 feet, or
more, from the top of- the presently existing, undisturbed bluff areas. (This
condition is related to the height request for the Family Vacation Home.)
f. All buildings and structures shall meet or exceed Town require-
ments and regulations for setbacks from bluffs and beaches as required by
appropriate environmental agencies (Town Trustees and NYS DEC) .
g. All fencing for the tennis court shall not exceed a total height at
10 feet above natural grade, as proposed; and there shall be no lighting for
after -dark tennis court use as regulated by subsection 4-b of Section 100-31
of the Zoning Code.
h. It shall be understood that the "Family Vacation Home" will be (is)
the principal residential building and use, and other buildings (proposed in
the "Plan") are subordinate and accessory to the Family Vacation Home.
i. The "Family Vacation Home" building as the principal use will be
(is) permitted to be constructed at a mean height of 45 feet.
Lighting, Utilities, And Other:
2. a. That this approval is subject to the owner obtaining written
approvals from the Southold Town Building Department, Suffolk County
Department of Health Services, and other applicable governmental
jurisdiction, as required; before commencing each respective construction
activity, including the storage hazardous or toxic materials on the island
and as regulated under Article 12, Suffolk County Health Department.
regulations.
b. That exterior lighting, if any, must be shielded to the ground and
not be adverse to neighboring areas.
C. That electrical and plumbing utilities are permitted in all
buildings, and except as otherwise applied for in this application, all other
accessory buildings shall be utilized for storage and uses as provided by the
Zoning Code (presently referred to as Section 100-33) which outlines specific
uses or activities allowed in accessory buildings.
Other Conditions
3. a. - That notice, and where required, written application shall be
made to the Southold Town Board of Appeals for any change, modification,
alteration to the Plan. The Board of Appeals reserves the right to require a
new public hearing and may take action (under its jurisdiction) .as it deems
necessary. Nothing shall be construed herein to prohibit the applicant from
constructing other buildings and structures pursuant to law, provided
variances and other approvals where required are obtained.
s Page 8 of 10 - Mal-..__ o, 1996
Appl. No: 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
b. The owner must obtain applicable agency approvals including the
Federal Aviation Administration, Southold Town Board, New York State
Department of Environmental Conservation, Suffolk County Department of
Health Services including County Article 12, Town Building Department,
and any other agency having jurisdiction as set forth in the application
(and the "Plan") .
C. Approval is required by the Southold Town Planning Board (and
other applicable agencies) in the event that the property is to be proposed
for a subdivision. Any type of new development, other than a proposed
subdivision, will require written notice to the Board of Appeals, and/or
further approval and/or waiver by the Board of Appeals or other agencies
where' appropriate. Such changes will be governed by the laws and
regulations in effect at the time of those future applications and other
agency actions, or variances that be granted therefrom. Nothing shall be
construed by any of these conditions to limit the potential yield of the
entire property as may be determined by the Planning Board in the event a
subdivision is ever proposed for the property.
d. The applicant agrees to advise the Board of Appeals in writing
(briefly - one page) as to the construction status letter of this "Plan"
every year commencing 4/1997 and until fully implemented and to advise the
Board at that time, in writing, of any changes, modifications, alterations,
or other proposals in this "Plan," except that accessory buildings and
structures, agricultural buildings, sheds and storage buildings, gazebos, and
other code -permitted accessory buildings, will not be required as part of a
status report.
e. The Board of Appeals, or its representative, reserves the right to
inquire on the status of any portion of the project at any time, particularly
if the owner fails to show intent to commence construction, or fails to
continue construction activities within the time periods authorized under
town building permits.
f. The new family residence (referred to as vacation home) shall be the
principal residential building and may not be leased or rented separately
from any of the accessory buildings, unless otherwise agreed to by the Board
of Appeals. All terms and conditions herein shall be binding on all lessees
and/or lessor(s) . Further, any lease or other type of possession of the
property or of its agricultural acreage and hunting operations shall be in
compliance with all applicable rules and regulations of the Town Code. Any
and all hunting operations or hunting -related activities shall be limited to
non-commercial purposes, and consistent with the use of Robins Island as a
private shooting preserve licensed by the New York State Department of
Environmental Conservation. Any change in this use will require approval of
the Board of Appeals.
g. In light of the historic use
of the island and isolated nature of
this building completed and restored,
be used with a single kitchen and
non-paying guests and employees of
of the property, unique access issues
access, and the Town's desire to see
the Lane House a/k/a Lane Lodge may
used as guest quarters for up to 12
the owner of the property. These
Page 9 of. 10 - Mar,. 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
quarters shall be used periodically but not more than 180 days per year, as
agreed to by the applicant, or as otherwise determined by the Board of
Appeals.
h. The new caretaker cottage shall be an accessory building. In light
of the historic use of the property, the size and isolated nature of the
island and the unique access issues of the island, the owner of the property
(must have an employee on-site to conduct 24-hour monitoring of the island.
That employee and his/her immediate family may reside year-round in the C7
Caretaker Cottage with a single, full kitchen facility, for purposes of
monitoring the island.
i. The existing Mackay Cottage shall be considered in the proposed
"Plan" as an accessory building. In the event the vacation family home is
never., built, the Mackay Cottage will become, or return to, the principal
building, unless the ZBA designates otherwise, and other buildings. will be
remain accessory thereto. In light of the isolated nature of the island and
the historic use of the building, the Mackay Cottage may be used as living
quarters with a kitchen facility and for overnight accommodations, for up to
six shooting staff or non-paying guests of the owner of the property. The
Mackay Cottage, as an accessory building with guest quarters and single
kitchen, may be used periodically but not more than 180 clays per calendar
year, or as otherwise determined by the Board of Appeals.
j. The Agricultural -Maintenance Building, C.4, shall be permitted for
agricultural use. In addition to housing the equipment needed to maintain
the island, storing fuel for the island's heating, and electrical needs and
the workshops, the proposed dormitory quarters in this building may be used
as sleeping accommodations with a shared kitchen for overnight stays of up to
four employees of the owner of the property. These quarters shall only be
used periodically and not more than 180 days per year, or as otherwise
determined by the Board of Appeals.
k. The Recreation Building shall be an accessory building and is
granted a height variance to allow its mean height of 45 feet with the
understanding that nearby trees will largely mask the height from off -island
observers. The owner of the principal residence (vacation family home)
agrees to use his best efforts to maintain a visual buffer. This shall not
preclude the owner from normal maintenance of the trees.
1. The owner agrees to provide transportation for any and all children
of school age to the main land at his own cost and expense.
M. The owner agrees to allow the Building Inspector and/or an
authorized representative of the Zoning Board of Appeals to inspect the
Island, and buildings and structures, pursuant to Article XXVIII, Section
100-280-b of the Zoning Code, and at reasonable times, after reasonable
notice to the property owner or authorized representative listed on the
town's tax assessment rolls to ensure compliance with the covenants and
conditions established by the Board of Appeals. Unless otherwise agreed,
notice shall be by certified mail to Mr. Louis M. Bacon, c/o Kevin S. Law,
Page 10 of 10 - Mai _ , 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 Board's above -noted conditions, with wording as
approved by the town attorney for the Board of Appeals, and shall be
recorded by the applicant with the Office of the Suffolk County Clerk within
sixty- (60) days of the date of this variance, or before issuance of a
building permit under this variance. A conformed copy of said covenants
shall be filed with. the Office of the Zoning Board.
0. In the event the owner, or his representative (s) , fails to comply
with any of these conditions and/or covenants, and fails to remedy the
noncompliance cited by the Board of Appeals, Building Inspector, or other
authorized enforcement officer or agency, pursuant to Article XXVIII, Section
100-280-b (Enforcement Provision) of the Zoning Code, for that building or
structure, the approval for the particular activity, building or structure
under this determination cited for noncompliance shall cease and be of no
further effect. This condition shall not preclude the owner from converting
the subject building or structure which is the nature of a zoning violation
or noncompliance, to that which is permitted as authorized by the Building
Inspector to conform with Chapter 100 -Zoning of the Southold Town Code.
p. Any and all of the above conditions may be removed, withdrawn,
modified, changed, or otherwise altered subject to further action by the
Board of Appeals, and nothing shall be construed herein to prevent the
applicant (owner) to make further application for the same.
VOTE OF THE BOARD: Ayes: Members Doyen, Dinizio, Villa, Tortora ,
and Goehringer. This resolution was unanimously adopted.
lk -
--T77 v
=E _:Lulu:.-- -� i'•- :-,; '-'^--
APPEALS O' RFD
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
INTER -OFFICE MEMO
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
TO: Members Doyen, Dinizio, Tortora, and Ostermann
FROM: Jerry Goehringer, Chairman
DATE: April 1, 1997
SUBJECT: Conditions under Appl. #4354 - Louis Moore Bacon (RI)
Attached is a copy of a letter received today from Kevin Law, Esq.
together with a copy of the ZBA 10 -page determination.
Please furnish your comments or suggestions either to me directly,
or by an informal written reply. Also, please confirm whether or
not, in your individual opinion, they are minor (without the need for
a new application) . I would like to obtain a consensus from the
entire Board at our April 10, 1997 meeting (or earlier, is possible) .
Board. 97 /Robins. upd
J
� Z&9 o a arm
Tao,
.Jo
POSSIBLE RESOLUTION FOR JUNE 5, 1997:
Office Draft 6/3 SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, 1997
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following applications
will be held for public hearings by the SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, 1997 at the time noted below (or
as soon thereafter as possible):
8:10 P.M. Appl. No. 4491 - LOUIS MOORE BACON. This is an
application requesting approval for modification, in part, of the Appl.
#4354 Variance Project approved by the Board of Appeals on March 6,
1996. Location of Property: Robins Island; Suffolk County District
1000, Section 134, Block 3, Lot 5, of 434+- acres. The specific areas
requested for consideration are:
(1) AREA C FARM CENTER: Modification as follows:
(A) C.4 Agricultural/Maintenance Compound: Reduce size,
scope and reassignment of sleeping quarters, and
location slightly to the east.
(B) C-5 Gamekeepers Barn: Add use for periodic sleeping
quarters of two staff employees (reassignment) .
(2) B.5 DUCK INN -COTTAGE: restore building and add use
of periodic sleeping quarters for one employee.
(3) B. I LANE LODGE -HOUSE. Minor clarification for record
purposes to show height exists as three stories, not 2-1/2
stories as originally requested.
The Board of Appeals will at the above time and place hear any and
all persons or representatives desiring to be heard in the above
application. This file is available for review during regular business
hours, and written comments may be submitted before the hearing is
finalized. If you have questions, please do not hesitate to call
765-1809.
Dated: 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
x
,...................... 0_4 ...... ............. :............ ............ off ....... off MEMORY .STORAGE REPORT toot.................... (JUN 04 "97. 10:58AM 7.................
SOU D TOWN.HALL 516 765 1823
..........................................................................................................................................................toot................... (AUTO) ...........,..........
FILE FILE TYPE OPTION' TEL N0. PAGE
005. MEMORY TX,; 8327555 01
.......................................................................................................................................................................................................................
REMAINING CALL,CAPACITY 21
......•.u........................................................00...............00....... t .... .t..t............. tote u........... .................... tote ............................ tote ............ 0.40 ...........
t
POSSIBLE RESOLUTION FOR. JUNE 5, 19,97:
office Draft 6/3 SOUTHOL WN BOA,RDOF
19
THURSDAY,7 APPEALS
NOTICE IS HEREBY GIVEN, pursuant oto Section o2v�.of pp the
'lona
Law and the .Code own
of the Town o£ Southold,
will be .held for pudic hearings by the .'SOUTIJOLD TOWN BOARD OF
p 361
at the Southold Town Hall, 1997 at the Fs -Main Road,
noted below. (or
York 11.971, on THURSDAY
as soon thereafter as possible)
$ ,10 p.m. Appl . No . 4491. - LOUTS MOORL' BACON- This is an
application requesting approval for modification, in part, of the Apel.
__sa itis. -PiNo Rnartl of Anneals on March 6,
..................::......:...........4444......:....4.4.........44.. TRANSMISSION RESULT REPORT ............,..:.....(JUN 04..,97 11,.:00AM).0................
SOUL D. TOWN HALL -516 _765 1823 '
................................................................................................................................................................................. (AUTO) .. .................
THE.FOLLOWING FILES) ERASED
FILE FILE TYPE OPTION TEL NO. PAGE RESULT,
005 MEMORY TX 8327555: 01/01 OK
.........................:..........................................................................................................:.................................................4............0.400...............
ERRORS
1).HANG UP OR LINE FAIL 2).BUSY 3) NO'ANSWER 4) NO FACSIMILE CONNECTION.
Ce v
POSSIBLE RESOLUTION FOR JUNE 5, 1997:.
Office Draft 6/3 SOUTODAX
L 'TOWN DORY. OF APPEAi�S
Tl°l
1997
NOTICE IS HEREBY GIVEN, . pursuant to Section 267 of the ons
wn
Law and the, Code .:of .the Town of Southold, the following app- .
will be . held. for public hearings . by .the SOUTHOtD TOWN BOAR -1) OF
53095 lViain Road, Southold, New
APPEAL,,, . at :the Southold 'own ,Hall, . 1997 ,at the time noted below (or
York 11971, on THURSDAY
as soon thereafter as possible)
8 f 10 Appl . No.' 449:X. LOUIS iVIOORE BACON . This is an .
application requesting approval four_ modifies atr,a ;nf Anneals o nMarch 6,
ES
BOARD OF APPEALS : TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application AFFIDAVIT
of
LOUIS MOORE BACON (ROBINS ISLAND)
(Name of Applicants)
--------------------
----------------x
AFFIDAVIT OF MAILING AND POSTING
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I,
, residing at
New York, being duly sworn, depose and say that:
1) On the day of , 1996, I personally mailed,
by certified mail, return receipt requested, a true copy of the
attached Legal Notice, addressed to each of the following named
persons at the addresses set opposite their respective names, that
the addresses listed below are those shown on the current assess-
ment rolls of the Town of Southold; that said Notices were mailed at
the United States Post Office to each of said persons by certified
mail, return receipt requested:
Name of Surroundin!T Property Owner Mailing Address
N/A as applicant owns entire Island and thus there are
no neighbors or adiacent owners to mail any such notice to.
and,
2) On the day of 1997, I personally posted
the property identified as District 1000, Section
Block Lot , by placing the Town's official poster
ten (10) feet, or closer, from the property Line facing the street
(or facing the right-of-way), and that I have checked to be sure
the poster has remained in place for seven full days prior to the
date of the public hearing (dale of hearing noted thereon to be held
1997).
Sworn to before me this
day of , 1997.
Notary Public
'( signature )
(?lease return to the of= -ice of the Scard cf Appeals when completed.
Thank you-)
§ 58-1 NOTICE OF PUBLIC HEARING § 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
§ 58-1. Providing notice of public hearings.
[HISTORY: Adopted by the Town Board of the Town of
Southold 12-27-1995 as L.L. No. 25-1995. Amendments
noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. upon determining that an application is complete,
the board or commission reviewing the same shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A. By causing a notice giving the time, date, place and
nature of the hearing to be published in the official
newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by
the town, which shall be prominently displayed on the
premises facing each public or private street which the
property involved in the application abuts, giving notice
of the application, the nature of the approval sought
thereby and the time and place of the public hearing
thereon. The sign shall be set back not more than ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (7) days
immediately preceding the date of the public hearing.
The applicant or his/her agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and every
property which is across from any public or private street
§ 58-1 SOUTHOLD CODE § 58-1
from the property included in the application. Such
notice shall be made by certified mail, return receipt
requested, posted at least seven (7) days prior to the date
of the initial public hearing on the application and
addressed to the owners at the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that s/he has complied with this
provision.
TO: ZBA Chairman and Assigned Member J. Dinizio
FROM: ZBA Office
DATE: June 4, 1997
RE: Robins Island Application #4491
For the purposes of determining . applications fee, please note the
following differences:
For modification, or clarification request, in part, fee would be
$400.00. (No new variances or additional Notice of Disapproval)
For rehearing of a whole project, then filing fee is same as first
application. In this project: $600.
Each new variance being sought, based . upon issuance of new Notice
of Disapproval by Building Inspector. Fee: $400 min., and up to
$600 max. if filed at the same time period for the same hearing
night.
Please confirm that $400 is acceptable for filing and processing at this
time. Thank you.
I
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James A. Thompson Architects
Two Lafayette Court
1
Greenwich, CT 06830
1
NORTH
RACE
Fax: 203-625-5304
LEGEND
280,000i
280,000
0 Fields,
Grassland and Clearings (Exiting)
Mean Low Water
Tidal Wetland
2
i
2
Freshw$ter Wetlands (existing)
Manmade Freshwater Ponds (new)
279,500
0 Beach andlntettidal Zone (0-2_feet A.S.L.)
279,500
OE Building
I,
(Existing - Renovated)
J Building (New Construction)
Primary Road & Parting - 13 Foot Min. Width
3
I
Secondary Road & Parking - 10 Foot Min. Width
279,000
-�- 'Nail - Vehicle Accessible
279,000
Trail - Not Vehicle Accessible
ILE Water Well -Existing j
A, Water Well - Proposed
Towers (Windmills, Shooting Sptntsl, Etc.)
Approximate Boundary - Aquifer Rqcharge Zone
278,500
278,500
j
KEY FEATURES
5
278,000
6
277,500
7
277,000
8
276,500
9
276,000
10
275,500
i
i
11
i
275,000
i
12
i
I
274,500
4
E
13
I<;
274,000
14
273,500
15
273,000
16
272,500
17
272,000
18
271,500
19
271,000
20
270,500
21
270,000
22
269,500
R
Tidal Wetland
Boundary
Freshwater Wetland
Boundary
N.Y.S.D.E.C. I.D. NO.:
SH -53
Freshwater Wetland
Boundary
N.Y.S.D.E.C. I.D. NO.:
SH -53
Freshwater Wetland -
Boundary
N.Y.S.D.E.C. I.D. NO.:
SH -52
0 0
A N B N C
N N N
C:\DRAW\PL0TF1LE\0530Z0NE.PLT
Freshwater Wetland
Boundary
N.Y.S.D.E.C. I.D. NO.:
SH -54
i
A.
ftAtt \ "Ell
DN
t
M
pie Fjs
I ,i
/J I � I l \`y
A.1 Pier, Docks & LAnding Craft Slip C
A.2 Boat House 7
B. Hunting Lodge Complex
B.1 Lane Lodge
B.1.1 Garage 278,000
y __......_. .....-..W. 2-Mechamcal Services Building ....-...... __._... _.... __-___._..
B.2 Mackay Cottage
B.2.1 Garage
B.3 Ire House
BA Windmill (Water Pump)'.
B-5 Duck Inn (Existing, w looser scheduled for demolition) /
i C. Farm Center
Cl Recreation Building
C.2 Tennis Court (Relocated)
f C.3 Sporting (.gays Maxis
-;-_...___.. CA Agrlsalnuc/MaintcawceCompound 277,500
--
CAI Workshop
C.5 Gamekeeper / Equestrian Bam
C.5.1 Horse Run -In & Paddock
C.5.2 Squash Cant & Br er ay
lCA Dog Kennels
C.7 Caretaker Cottage 7
C.8 Windmill / Telecommunications / Water Storage
C.9 Fire Protection Cuter
C.10 Helipad
D. Family Area _ _... 277,000
_. _. _.. __.... D.1 Family Vacation Home
a
D.2 Pool
\ D.3 Pool Cabana
\ DA Garage with Staff Q,,W.
\ i E. Crazebo Sites (3) 8
\\ 8
` ZONING ORDINANCE:DATA
Zone Classification; R-400 Low -Density Residential 276,500
_ _Tax Map Parcel #; 1000 - 134 - 3 - 5
Total Acreage: 435 acres
Buildable Land: 309.3 acres
(125.7 acres deducted for Freshwater and
Tidal wetlands, slopes over 15%)
Allowable Lot Coverage - 5°% of Total
Total Building Area: 79,402 S.F. (1.823 Acres)
t
Topographic Data From Survey Prepared by John J. Raynor,
Land Surveyor No. 49318, Prepared December 12, 1994 from
Field Work Completed October 14, 1994. 276,000
-t
Northing and Easting Listings refer to the New York
State Plane Coordinate System, Long Island Zone.
1 10
�1 1 275,500
Freshwater Wetland
Boundary
N.Y.S.D.E.C. I.D. NO.:
SH -5
ROBINSI D
W
PROPOSED PLAN
(ZONING VARIANCE APPLICATION)
50 200
0 100 400
SCALE - 1:400
PROPERTY OF LOUIS MOORE BACON
SOUTHOLD TOWN, NEW YORK
Published: 6 November 1995
Revised: W May 1997
0 0 0
F
G a H
d 4- .4
N N N
0
0
N
d�
M1
11
275,000
12
274,500
13
274,000
14
273,500
15
273,000
16
272,500
17
272,000
18
271,500
19
271,000
20
270,500
21
Mean Low Water
\ 270,000
22
SOUTH RACE
269,500
0 0 0 0
0 oN 0
J K L` L r M c
N N N N
Copyd* 0 Jamas A. TLoo"m AtrJdUM ALL RI(3M ==VW