HomeMy WebLinkAboutHelicopters re: Robins Island WILLL&M McQUAID DUFFY SCOTT A.RUSSELL
TOWN ATTORNEY so�lylo Supervisor
bill.duffy@town.southold.ny.us � 0
DAMON A. HAGAN Town Hall Annex, 54375 Route 25
ASSISTANT TOWN ATTORNEY P.O.Box 1179
cn Southold,New York 11971-0959
damonh@southoldtownny.gov G •
Telephone(631) 765-1939
y100(fN' i Facsimile(631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
December 4, 2018
Martin D. Finnegan, Esq.
Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP
33 West Second Street
P.O. Box 9398
Riverhead,New York 11901
Re: Impact of Amendments to Section 280-11(K-) of the Southold
Town Code on Sea Plane landings on Robins Island
Dear Mr. Finnegan:
You have inquired on behalf of your client, Robins Island Holdings LLC, as to
this Office's interpretation of the impact the recent amendments to Section 280-11 l(K)
of the Southold Town Code may have on the lawful take-off and landing of helicopters
and seaplanes on Robins Island. The amendment at issue was accomplished by way of
the Town Board's adoption of Local Law No. 9 of 2018.
In response to your inquiry, we have reviewed all prior approvals relating to the
take-off and landing of helicopters and seaplanes on Robins Island, including the
following:
1. The March 1996 Approval of the Southold Town Zoning Board of
Appeals, which acknowledged that the north and south heliports on the island were
permitted accessory uses under the Town Code.
2. Permit No. 4521 issued by the Board of Trustees of the Town of Southold
in September, 1995, which approved sea lanes for access to the island by seaplane.
3. The May 25, 1999 Resolution of the Town Board of the Town of Southold
approving the sea lanes and heliports on Robins Island in accordance with the
requirements of Section 249 of the New York State General Business Law.
i
Martin D.Finnegan,Esq.
December 4,2018
Page-2-
4. The related approval of the Federal Aviation Administration of the landing
of helicopters and seaplanes on Robins Island, dated FAA on May 21, 1999.
Copies of those approvals are attached hereto collectively as Exhibit "A".
It is the opinion of this office that these approvals confirm that the take off and
landing of helicopters and seaplanes on Robins Island is a permitted use. With the
adoption of Local Law No. 9 of 2018, the landing of helicopters is expressly permitted
pursuant to Section 280-111(K)(1). The landing of seaplanes has become a legally
pre-existing nonconforming use that may continue in perpetuity subject to the
provisions of Section 280-121(G) of the Town Code. I trust this opinion will dispel
any question about the Town Board's legislative intent in adopting this local law.
Very truly yours,
William Duffy, Town Attorney
WMD/ms
cc: Building Department
Zoning Board of Appeals
Planning Department
Elizabeth A. Neville, Town Clerk
Twomey, Latham Cefedrating Our 45rhYar
MAILING ADDRESS:
Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398
Riverhead,New York 11901-9398
Attomeys at Law MAIN OFFICE:
Thomas A.Twomey,Jr 33 West Second Street
(1945.2014) Riverhead,New York 11901-9398
Stephen B Latham Telephone:631.727.2180
John F.Shea,111 Facsimile:631.727.1767
Christopher D.Kelley wwiv.suffolklaw.com
David M.Dubin o mfinnegan@,suffolklaw.com
Jay P.Quartararo Extension 265
Peter M.Mott
Janice L.Snead Direct Fax: (631)574-1258
Anne Marie Goodale July 31, 2018
Bryan C.Van Cott
Kathryn Dalli
Laura 1.Dunathan RECEIVED
Lisa Clare Kombrink
Patrick B.Fife Via Electronic Mail
Martin D.Finnegan.
Reza Ebrahimi J U L 3 1 2018
Jeffrey W.Pagano Hon. Scott A. Russell
Bryan J.Drago Members of the Town Board
Craig
H.H E.Handler Tuthill
CTown of Southold Southold Town Clerk
Craig H.H
Alexandra Halsey-Storch P.O. Box 1179
Melissa S.Doris
Katerina Grinko Southold,NY 11971-0959
Lorraine Paceleo
Jessica M.Klersy
Terrence Russell Re: Comments on Proposed Local Law in Relation to Amendments
OFCOUNSEL to Chapter 280,Zoning,With Regard to Helico_,,,eters
Kevin M.Fox
Kelly E.Kinirons .
Karen A.Hoeg Dear Supervisor Russell and Members of the Town Board:
Patricia).Russell
Jennifer P Nigro
o NY&LABARS This office represents Robins Island Holdings LLC(RIH),which is the record
YSH,ARS owner of the lands comprising Robins Island within the Town of Southold. RIH is
.
NY.N,6 PA BAMS
respectfully requesting a clarification of certain language of the proposed local law
that is the subject of this public hearing to avoid any unintended consequences.
Section 280-111(K) of the proposed local law expressly prohibits the landing or take
off of helicopters and seaplanes"on or from the waters,beaches or any land within the
Town of Southold". This prohibition would presumably cover Robins Island.
In March 1996,RIH's predecessor in interest obtained approvals from the
Southold Town Zoning Board of Appeals of variances required to improve various
structures on Robins Island. A copy of the ZBA determination is attached hereto as
Exhibit"A". The approved plan included locations for heliports on the north and south
shores of the island,however,no relief was required from the ZBA for the installation
of the heliports as they were deemed to be permitted accessory uses. The Board of
Trustees of the Town of Southold also approved,sea lanes for access to the island by
OTHER OFFICE LOCATIONS seaplane in September, 1995. A copy of Trustees Permit No. 4521 is attached hereto
20 Main Street as Exhibit"B".
East Hampton,NY 11937
631.324.1200
51 Hill Street The sea lanes and heliports on Robins Island were subsequently approved by
Snuthamptan,NY 11968 Resolution of the Town Board of the Town of Southold on May 25, 1999 in
631.267.0090
accordance with the requirements of Section 249 of the New York State General
s�e 150 ler Road Business Law. A copy of the Town Board's approving Resolution dated May 25,
Hauppauge,NY 11788 1999 is attached hereto as Exhibit"C". The landing of helicopters and seaplanes on
631 265.1414
56340 Main Road
PO.Box 325
Southold,NY 11971
631.765.2300
Hon. Scott A. Russell
Members of the Town Board
July 31, 2018
Page 2 of 2
Robins Island was likewise approved by the FAA on May 21, 1999. Copies of those
approvals are attached hereto collectively as Exhibit"D". While these approvals
permit heliports on the north and south shores of the island, the north shore helipad has
not been constructed to date.
RIH submits that while access to Robins Island by seaplane or helicopter is
occasional, it is vitally important in the event of a medical, police, fire or other
emergency involving island residents or visitors, and critical when boat access may be
compromised by wind, fog, darkness or ice in the Peconic Bay. While the adoption of
this local law would arguably render the existing heliports pre-existing, non-
conforming uses, RIH is concerned that the law may be misinterpreted at some later
date as a vitiation of the approvals. To avoid what we submit would be an unintended
consequence of this legislation, RIH is requesting a minor modification to paragraph
280-111(K)(4) so that existing heliports and sea lanes, such as those on Robins Island,
with valid,prior approvals,will be expressly exempt from this ordinance, and
therefore,there will be no question that their approved operation can continue in the
future.
We respectfully request that these comments be included in the record of this
public hearing and thank you for your consideration.
Ve ly yo
Martin D. mnegan
MDF/lk
Enclosures
cc: Robins Island Holdings LLC (via email)
Bill Duffy, Town Attorney(via email)
Elizabeth A.Neville,Town Clerk(via email)
EXHIBIT A
- •- �Q�oSufFo1�-�0�
APPEALS BOARD MEMBERS Southold Town Hall
53095 Main Road
Gerard P.Goehringer,Chairman P.O.Box 1179
Serge Doyen,Jr. �'yaQ! Southold,New York 11971
James Dinizio,Jr. Fax(516)765-1823
Robert A.Villa Telephone(516)765-1809
Lydia A.Tortora
. BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS OF FACT AND DETERMINATION
Appl. No. 4354 - LOUIS MOORE BACON (ROBINS ISLAND). This is an
application for variances, based upon the owner's application for a
building permit to construct, and the Building Inspector's issuance of two
Notices of Disapproval, the grounds for which are noted as follows:
D.1 (E.1) Family vacation Home will exceed the principal
building height limitation stated in the Bulk Schedule of 35
feet, in this R-400 Residential Zone.
D.1 (E.1) Family vacation Home as a principal one-family
use; Building C.7 Caretaker Cottage for year-round use and
occupancy) and Buildings B.1 Lane Lodge, C4 (C4.1)
Agricultural Compound, D.4 (E.4) Garage with staff or guest
quarters each as an accessory. One Family Dwelling not to
exceed one (1) dwelling on each lot under Permitted uses in
an R-400 Zone. Action required by the Zoning Board of
Appeals. All buildings which will contain living quarters
as an accessory with an extension of the principal one-family
dwelling use and/or which exceed 18 ft. height limitation as
an accessory are being considered for variances under Article
III, section 100-33A.
A.2 Boat House, B.1 Lane Lodge, B1.1 Garage, 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 Pecbnic 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
WHEIRE:AS, after due notice, public hearings were held on December 6,
1995 initially, and continuing for additional information and discussions on
,lanuury 10, 1996 and February 7, 1996,
Page 2 o,f 10 -..Mardi 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the Board of Appeals hereby confirms the following Findings
of Fact:
REQUESTED RELIEF:
1. By this application, appellant requests several variances under the
Southold Town Zoning Code relative to Article III, Section 100-33A and Bulk
Schedule applicable to the R-400 Zone District. More specifically, the
following buildings are the subject of the relief requested and are shown on
the proposed "Plan" dated November 6, 1995, prepared by James A.
Thompson, Architect. The general location of these buildings, which are
under the jurisdiction of the Board of Appeals in this variance application,
are identified by the key coordinates' listed below:
A2 New boat house building - 40' North West of 277,000 x 2,423,500
Height Requested: 29.5 ft. height maximum with 1-1/2 stories
BI Lane House - 190' West of 276,500 x 2,424,000
Height Requested: 25 ft. maximum height with 2-1/2 stories
Cl New recreational building - 325' North West of 275,500 x- 2,424,000
Height requested: 45 feet maximum with two stories;
C7 Caretaker Cottage - 215' South West of 275,500 x 2,424,500
Height requested: 25 feet maximum with two stories;
D1 Family Vacation Home - 95' North of 272,000 x 2,425,000
Height requested: 45 feet maximum with 2-1/2 stories;
D4 Garage - 225' South West of 272,500 x 2,425,000
Height requested: 25 ft. height maximum with two stories.
Also noted are the following buildings which will be interpreted by the Board
of Appeals to be subordinate and accessory to the principal building con-
taining various accommodations as described hereinafter:
A2 "Boat house building" - 40' North West of 277,000 x 2,423,500.
B1 "Lane House" - 190' West of 276,500 x 2,424,000
B2 "Mackay" building - 165' North East of 276,500 x 2,424,000
C4 Agricultural-Maintenance Compound" 220' North of 275,500 x 2,424,500,
C7 "Caretaker" building - 215' South West of 275,500 x 2,424,500
D4 "Garage/Staff" building - 225' South West of 272,500 x 2,425,000.
PRESENT SITE DATA:
2. The premises in question is an island consisting of approximately
435 acres, located in the R-400 Residential Zone District. The land is all
' New York State's Plane Geometry Northing and Easting Coordinate
System, Long Island Zone
Page 3 of .10 -.•Marcli 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
in one ownership and is a single parcel for the purposes of building and
toning. 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. Eane Building (referred to as Lane House B1)
b. Clubhouse (referred to as Mackay Cottage B2)
c. Cottage "Duck Inn" (B5) (to be demolished)
d. Ice House (B3)
P.. Barn Complex (C4)
f. Granary (part of C Area)
g. Large game keepers building (part of C Area)
h. Breeder building complex (C Area) (to be demolished)
i. Fire cistern (C9)
j. Two windmills
k. Temporary greenhouse-type structure(s).
SETBACKS and BUFFERS.
3. Also, in considering and evaluating this application, the record
includes, but is not limited to, the following information and facts:
a. Location of all currently proposed buildings and structures under
this variance request will be as identified on the Schematic Diagram entitled
"Robins Island Proposed Plan" (the 'Plan') prepared by James A. Thompson,
Architect, dated November 6, 1995 and as more specifically described within
plus or minus 50 feet of the grid location markers in accordance with the New
York State's Plane Coordinate System, Long Island zone; and
b. Applicant agrees to comply with all. clearing and buffer retention
standards and regulations as may be required by the Southold Town Trustees,
N.Y.S. Department of Environmental Conservation. All roads shall be
adequate for safe, emergency access in accordance with recommendations that
may be made, or agreement with the local (fire) district having jurisdiction
thereunder that may be entered into.
4. BASIS OF APPEAL/ZONING CODE PROVISIONS:
Article III, Section 100-33A of the Zoning Code provides that
". . .in the. ..R-400 District, accessory buildings and structures or other
accessory uses shall be located in the required rear yard, subject to the
Following requirements: A. Such buildings shall not exceed eighteen (18)
feet in height. . . ."
Article III, Section 100-31C provides for specific types of uses in
accessory buildings and structures under subsections (3) through (9) thereof
(boat docking facilities, garden house, toolhouse, storage building,
playhouse, pool, tennis court, private garage, parking spaces, storage of a
boat or travel trailer, certain housing for certain animals, yard sales, all
subordinate and related to the principal residence of the premises.
Page 4 of 10 ,-March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Article XXIII, Section 100-231 restricts fences (including fencing for
tennis courts) to height limitations between 4 and 6.5 feet, in respective A/r&�)
and Nide or rear yard areas.
Article 111, Section 100-31A provides for a principal (or primary)
one-family detached dwelling use in a building which meets the yard, height,
and parking requirements set forth in-the Bulk Schedule. ' The requirement
for the principal building is set forth at 35 feet in height (applicable to
the proposed Vacation House building in the "Plan").
5. TOWN LAW STANDARDS/OTHER CONSIDERATIONS
Among other considerations included in this variance application, the
Board of Appeals is required to balance two elements: the benefit to
applicant from the variance, and the detriment to the health, safety and
welfare of the community or neighborhood that would occur if the variance
were to be granted. In balancing the standards of law relative to these two
elements, the following factors have been considered and determined:
(a) The relief requested does not pose any threat to the health,
safety, and welfare of the community. There will not be an undesirable
change produced in the character of the neighborhood or a detriment to
nearby properties created by the grant of this variance and conditions. The
essential historical, agricultural and residential character of the island
will not be changed. There will be no significant change in the number of
buildings containing habitable quarters on the property (in comparison to
those presently existing or which occupied the island before the original
ordinance was adopted).
(b) The benefit sought by the applicant can otherwise be achieved
only by a major subdivision which was not encouraged by Town Departments
since the whole concept of preserving the historical and residential
character of the island is beneficial 'to all.- No other method is available
other than by variance approval.
(c) The requested variances are not substantial in relation to the
preestablished height of buildings presently existing at the site and
preexisting use of the buildings; the proposed !'Plan" is designed as a
"family compound" rather than as a subdivision of individual lot owners which
allows for the comprehensive management of the natural resources of the
Island as a single parcel.
(d) The proposed "Plan" will not have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district.
Further, the "Plan" observes the spirit of the Town Code, is consistent with
the Town of Southold Master Plan, and furthers the public interest. (Also
see Negative Declaration under SEQRA adopted February 7, 1996).
(e) The relief requested is not self-created or personal to the
landowner, by the fact that the island is a single lot, the needs are related
to the strict application of the zoning ordinance, the, unique size, and
natural characteristics of the land, historic nature of the buildings and
Page 5 Qf 10 -..March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
property, as well as the isolated nature of the island, limited access, and
other unique characteristics described in the above findings of fact that are
not shared by all properties in the vicinity of this property and same use
districts, and other facts submitted under this application.
(f) The large size of this single parcel (435 acres), the isolated
nature of- the island with access only over water and by air,, and its rural
and historic character create unique requirements for accessory buildings and
on-site support staff living, that cannot be found in other projects and
which flay a large part in this decision.
6. BOARD DE'T'ERMINATION 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 CONDPrIONS:
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 645, 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.
lleight is defined under "Section 100-13 Definitions" of the
Southold Town Zoning Code.
Page 6 Qf 10 - March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
D.4 Garagre 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
fol lows:
(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
nn 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
npproval or waiver is granted for the modification).
C. Future enlargement or expansion of the nonconformity (those
buildings containing extended use of accessory buildings for habitable
quarters) in addition to that requested under this application shall require
written notification to the Board of Appeals, and if deemed necessary by the
Board of Appeals, further application for the new expanded areas will be
roc{uired (ref: current Section 100-241 or future Zoning Code regulations
pertaining to "nonconformities").
d. To the greatest extent practicable, the presently existing, natural
vegetated 20 ft. deep buffer between the proposed Vacation Home and the
top of the bluff shall maintained and replaced only if necessary due to
damage by environmental conditions, unless otherwise determined by the
Page 7 of 10 -.March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Board of Appeals at a future date. (This condition is related to the height
request for the Family Vacation Rome.)
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.
1. 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 11ealth Services, and other applicable governmental
jurisdictlon, 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
'boning Code (presently referred to as Section 100-33) which outlines specific
uses or activities allowed in accessory buildings.
Other Conditions
3. a. That notice, and where required, written application shall be
made to the Southold Town Board of Appeals for any change, modification,
alteration to the Plan. The Board of Appeals reserves the right to require a
new public hearing and may take action (under its jurisdiction) as it deems
necessary. Nothing shall be construed herein to prohibit the applicant from
constructing other buildings and structures pursuant to law, provided
variances and other approvals where required are obtained.
Page 8 of 10 --March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
b. The owner must obtain applicable agency approvals including the
Federal Aviation Administration, Southold Town Board, New York State
Department of Environmental Conservation, Suffolk County Department of
Health Services including County Article 12, Town Building Department,
and any other agency having jurisdiction as set forth in the application
(and the "Plan").
C. Approval is required by the Southold Town Planning Board (and
other applicable agencies) in the event that the property, is to be proposed
for a subdivision. Any type of new development, other than a proposed
subdivision, will require written notice to the Board of Appeals, and/or
further approval and/or waiver by the Board of Appeals or other agencies
where appropriate. Such changes will be governed by the laws and
regulations in effect at the time 'of those future applications and other
agency actions, or variances that be granted therefrom. Nothing shall be
construed by any of these conditions to limit the potential yield of the
entire property as may be determined by the Planning Board in the event a
subdivision is ever proposed for the property.
d. The applicant agrees to advise the Board of Appeals in writing
(briefly - one page) as to the construction status letter of this "Plan"
every year commencing 411997 and until fully implemented'; and to advise the
Board at that time, in writing, of any changes, modifications, alterations,
or other proposals in this "Plan," except that accessory buildings and
structures, agricultural buildings, sheds and storage buildings, gazebos, and
other code-permitted accessory buildings, will not be required as part of a
status report.
e. The Board of Appeals, or its representative, reserves the right to
inquire on the status of any portion of the project at any time, particularly
if the owner fails to show intent to commence construction, or fails to
continue construction activities within the time periods authorized under
town building permits.
f. The new family residence (referred to as vacation home) shall be the
principal residential building and may not be leased or rented separately
from any of the accessory buildings, unless otherwise agreed to by the Board
of Appeals. All terms and conditions herein shall be binding on all lessees
and/or lessor(s). Further, any lease or other type of possession of the
property or of its agricultural acreage and hunting operations shall be in
compliance with all applicable rules and regulations of the Town Code. Any
and all hunting operations or hunting-related activities shall be limited to
non-commercial purposes, and consistent with the use of Robins Island as a
private shooting preserve licensed by the New York State Department of
Environmental Conservation. Any change in this use will require approval of
the Board of Appeals.
g. In light of the ,historic use of• the property, unique access issues
of the island and isolated nature of access, and the Town's desire to see
this building completed and restored, the Lane House a/k/a Lane Lodge may
be used with a single kitchen and used as guest quarters for up to 12
non-paying guests and employees of the owner of the property. These
page 9 of 10 March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
quarters shall be used periodically but not more than 180 days per year, as
agreed to by the applicant, or as otherwise determined by the Board of
Appeals.
h. The new caretaker cottage shall be an accessory building. In light
of the historic use, of the property, the size and isolated nature of the
island and the unique access issues of the island, the owner of the property
(must have an employee on-site to conduct 24-hour monitoring of the island.
That employee and leis/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
"I'lan" as an accessory building. In the event the vacation family home is
never built, the Mackay Cottage will become, or return to, the principal
building, unless the ZBA designates otherwise, and other buildings will be
remain accessory thereto. In light of the isolated nature of the island and
the historic use of the building, the Mackay Cottage may be used as living
quarters with a kitchen facility and for overnight accommodations, for up to
six shooting staff or non-paying guests of the owner of the property. The
Mackay Cottage, as an accessory building with guest quarters and single
kitchen, may be used periodically but not more than 180 days per calendar
year, or as otherwise determined by the Board of Appeals.
j. The Agricultural-Maintenance Building, C.4, shall be permitted for
agricultural use. In addition to housing the equipment needed to maintain
the island, storing fuel for the island's heating and electrical needs and
the workshops, the proposed dormitory quarters in this building may be used
as sleeping accommodations with a shared kitchen for overnight stays of up to
four employees of the owner of the property. These quarters shall only be
used periodically and not more than 180 days per year, or as otherwise
determined by the Board of Appeals.
k. The Recreation Building shall be an accessory building and is
granted a height variance to allow its mean height of 45 feet with the
understanding that nearby trees will largely mask the height from off-island
observers. The owner of the principal residence (vacation family home)
agrees to use his best efforts to maintain a visual buffer. This shall not
preclude the owner from normal maintenance of the trees.
1. The owner agrees to provide transportation for any and all children
of school age to the main land at his own cost and expense.
m. The owner agrees to allow the Building Inspector and/or an
authorized representative of the Zoning Board of Appeals to inspect the
Island, and buildings and structures, pursuant to Article XXVIII, Section
100-280-b of the Zoning Code, and at reasonable times, after reasonable
notice to the property owner or authorized representative listed on the
town's tax assessment rolls to ensure compliance with the covenants and
conditions established by the Board of Appeals. Unless otherwise agreed,
notice shall be by certified mail to Mr. Louis M. Bacon, c/o Kevin S. Law,
Page 10 .of 10 •- March 6, 1996
Appl. No. 4354 - Louis M. Bacon (Robins Island)
Southold Town Board of Appeals
Esq, Nixon, Hargrave, Devans, & Doyle, L.L.P., 990 Stewart Avenue,
Garden City, New York 11530.
u. The Zoning Board of Appeals approvals are conditioned upon
compliance with the above conditions and with written covenants prepared by
applicant's attorney in proper form for recording. The written covenants
shall incorporate the Board's above-noted conditions, , with wording as
approved by the town attorney for the Board of Appeals, and shall be
recorded by the applicant with the Office of the Suffolk County Clerk within
sixty (60) days of the date of this variance, or before issuance of a
building permit under this variance. A conformed copy of said covenants
shall be filed with the Office of the Zoning Board.
o. In the event the owner, or his representative(s), fails to comply
with any of these conditions and/or covenants, and fails to remedy the
noncompliance cited by the Board of Appeals, Building Inspector, or other
authorized enforcement officer or agency, pursuant to Article XXVIII, Section
100-280-b (Enforcement Provision) of the Zoning Code, for that building or
structure, the approval for the particular activity, building or structure
under this determination cited for noncompliance shall cease and be of no
further effect. This condition shall not preclude the owner from converting
the subject building or structure which is the nature of a zoning violation
or noncomplianco, 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 ,
wid Goehringer. This resolution was unanimously adopted.
*
lk
ERA CH RMAN
117M AND BY
i
c
ARW J.Kni President r Town Hall
John Holzapfel, 'Vice President � � 53095 Main Road
William G.Albertson P.O.Baas 1179
Southold,New York 11971
Martin H.Garrell
Peter Wenzel Telephone(516)7651892
Fax(516)765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
October 30, 1995
Costello Marine
P.O. Box 2124
Greenport, NY 11944
RE: Louis Bacon
SCTM #1000-134-3-5
Dear Mr. Costello:
The following action was taken by the Southold Town Board of
Trustees on Thursday, October 26, 1995;
RESOLVED that the Southold Town Board of Trustees grants an
amendment to permit #4365 to rectify the problems of landing and
securing the seaplane by replacing the existing 6' X 30' "L"
float with a 15' X 30' "Ln which would provide greater stability
and more walkable space for safe loading and unloading and
provide enough width for the seaplane to maneuver around the
south end of -the float. Also to install two 6' X 20' floats
which will be attached perpendicular on the south side'of the
four existing floats, which will enable passengers to safely
exist from the sides of the boats instead of stern. or bow. '
if you have any questions, please do not hesitate to contact
this office.
Sincerely
Albert J. Krupski, Jr.
President, Hoard of Trustees
AJK:jmd
cc: CAC
eg
Board Of Southold Town Trustees ,
} SOUTHOLD, NEW YORK
I :
`1 �•�• DATE: ...sJz8/95..........
PERMIT NO.
1 - ISSUED TO ........i,Duis...U....BA ON... ..... ......... _... .
Y
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
' State of New York 1952; and the Southold Town Ordinance an-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the ry
-; REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM ;
-�: LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on ..9/•28/95•••..• M L
19...95., and in consideration of the sum of $15.0..00. paid by
� y . ...J.M.D. .Consulting..for...LOUIS M. BACON ......... ........................._....
f bjN. Y. and subject to the
of ....Fflhins—Island..... ............... ........ . l
Terms and Conditions listed on the reverse side hereof, `
of Southold Town Trustees authorizes and permits the following: b
'b To construct 2 board walkways for the purpose of crossing areas.`
/ ? of inter tidal marsh as located by DEC. The northern most walk sh
a
'.be 18" % 147' and be construct 18" over grade of marsh, and south
c
\ alk
t i }8" X 112' cons ruct. 18" over grade of marsh, also to all'
t I in accordance witthe detailed specifications as presented in
or
t 9 originating application• of a 6' % 12' X 4' seasonal waterfowl „
pit-blind t be loca ed alon the ¢outhern spit of the island.
�I WITNESS WHEROF, The said Board of Trustees here-
�� 1 by causes its Corporate Seal to be affixed, and these presents to t
be subscribed by a majority of the said Board as of this date.
TrMsees
� .,T•I -QRS::6.u.oi.� ..
let
EXHIBIT C
FFOIt
ELIZABETH A.NEVILLE �`� � Town Hall, 53096 Main Road
EL P.O.Box 1179
TOWN CLERKN w g Southold,New York 11971
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER " Fax(616}766-6146
RECORDS MANAGEMENT OFFICER i ��f�l ��4� Telephone (516) 760-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON MAY 25, 1999:
TOWN OF SOUTHOLD
SUFFOLK COUNTY,NEW YORK
BOARD RESOLUTION PURSUANT TO NEW YORK STATE
GENERAL BUSINESS LAW SECTION 249
WHEREAS, Robins Island Holdings LLC, P. O. Box 301, 1st and Jackson Streets, New
Suffolk, New York 11956, is the owner of a certain parcel of real property known as Robins
Island, near North Race of Great Peconic Bay, Town of Southold, County of Suffolk, State of
New York(Tax Map Identification Number 1000-134-3-5) ; and
WHEREAS, the Southold Town Board of Appeals approved a development plan for
Robins Island as described in the"Robins Island Proposed Plan" dated November 6, 1995 (the
"Plan")on March 6, 1996, which Plan included locations for proposed heliports; and
WHEREAS, after due notice, several public hearings were held on December 6, 1995,
January 10, 1996 and February 7, 1996, at which the Plan, including the proposed heliports,were
discussed;and
WHEREAS, previously the Board of Appeals issued a Negative Declaration under the
New York State Environmental Quality Review Act (SE(IRA) on February 7, 1996 determining
that the Plan would not have any adverse impact on the environment; and
WHEREAS, this authorization by the Town Board is a Type II Action pursuant to
' SEQRA: and
WHEREAS,the Board of Appeals requested that the Owner of Robins Island must
obtain other applicable agency approvals including approvals from the Federal Aviation
Administration ("FAA") and the Southold Town Board to the extent they have jurisdiction over
the Plan; and
WHEREAS,the Owner has filed an application to the FAA for a"favorable air space
determination", attached hereto as Exhibit"A", which depicts the location of the proposed
heliports and sea lanes on Robins Island along with the Flight Approach/Departure Paths and
FAA has already conducted its on site inspection of the proposed heliports and sea lanes on April
9, 1999; and
WHEREAS, New York State General Business Law Section 249 provides that no person
shall establish or improve a privately owned heliport except by authorization of the governing
body of the municipality in which such private heliport is proposed to be established or
improved; and
WHEREAS,New York State General Business Law Section 249 provides that the
governing body of the municipality in which such private heliport is proposed to be established
shall not authorize the establishment or improvement of a private heliport at the requested
location unless in accordance with the standards prescribed by the Commissioner of
Transportation of the State of New York.
- 3 -
WHEREAS, the heliports and sea lanes proposed to be established or improved on
Robins Island will be privately owned and the owner of Robins Island upon which the
establishment is to take place has consented to such establishment; and
WHEREAS, the owner represents that the proposed sea lanes, if approved by the FAA
and NYS DOT, will not prohibit any other marine activities in the area; and
WHEREAS,the Town of Southold Director of Code Enforcement states that the sea
lanes and heliports as set forth above are permitted accessory uses.
NOW,THEREFORE,BE IT RESOLVED THAT,the Town Board of the Town of
Southold hereby requests that the Commissioner of the New York State Department of
Transportation ("DOT") make a determination as to whether the establishment or improvement
of such privately owned heliports and sea lanes at Robins Island complies with his standards
adopted pursuant to Section 249 of the New York State General Business Law; and
BE IT FURTHER RESOLVED THAT,the Town Board hereby authorizes the
heliports and sea lanes for Robins Island as shown on Exhibit A conditioned only upon the Town
Board receiving confirmation from the Commissioner of DOT that the heliports and sea lanes
comply with his standards adopted pursuant to §249 of the New York State General Business
Law.
Approved:
u
.izabeth A. N ville
Southold Town Clerk
May 25, 1999
J
EXHIBIT D
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• 02/24/00 THU 16:11 '[TX/RX NO 90251 '
I SZ06 ON XH/XJ l IT:9T [1HZ OO/VZ/zo
xeBP4110ibilities relating to any law, ordinance, or
regu alion of any Federal, State or local governmental body.
Plea�e .revise and return the enclosed FAA Form 5010•-5 as
soon as possible. It advises us that the airport in active
and our airspace determination will become permanent.
FAIL FE TO DO SO WILL CAUSE YOUR AIRSPACE DETERMINATION TO
EXPI 'E- ON THE DATE INDICATED ABOVE. If the airport is not
open
.to the public prior to this date, you should request a
time e�ktension to allow for completion. If you do not, we
will =assume that the proposal has been abandoned and your
airs aee will be canceled.
Applicable obstruction surfaces are included in Paragraph
77 .2 of Federal Aviation Regulation, Part 77 (FAR Part 77) .
The 'tiility-visual approach surface in plan has inner width
of 2f0j is 5,000 ft. long and has an outer width of 1,250
ft. You should have a clear 1-ft. vertical per each 20-ft.
horxzo#�tal approach surface to each runway end within this
areas You should familiarize yourself with all the approach
and other surface provisions of ,FAR Part 77.
If YeW have any questions regarding FAA Regulation of
stanards, please feel free to call Sharon Perry, at
718-PB3-3341.
sly, ` -qQ '
Harv ; Deer
Mana k, Safet and Sta dards Branch
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of Tronsptgt John F.Kennedy
l international airport
Federal atian Jamaica.New York 11430
Administ tion
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MAY 9 Y 1999
Mr. RyiA. Syms
Raymo d;A. Syms & Assoc_
28 Ba uch Drive
Long ranch, NLT 07740
Proposal; Est . Heliport
Assoc.City:Southold, NY
Fac. Name: Robins Island North H
Use/ownership:Private/Private
Airspace Case: 99-AEA-021-NRA
!'• Expiration Date : NOV 2000
Dear Mr`. Syms :
The Fdral Aviation Administration (FAA) has completed its
aeron #ical study of your proposal to establish a heliport
as inpicated in your submission of the FAA Form 7480-1,
Notic bf Landing Area Proposal. The FAA has no objection
to th, above proposal provided that:
I:
1. Tpe; helipad should provide an accurate ingress/egress
u
rote and clear the 8 :1 slope. Your proposal should be
77icompliance with Federal Aviation Regulations Part
7 .129 (b) .
2 . �p�ropriate markings for ingress/egress is placed on
t4hel pad and a lighted windsock is installed.
3 . %ehicular traffic (if any) around the site is
zhtrolled during helicopter operations.
4 . lSoise may be a consideration to residences in the
earby vicinity.
This rMtermination does not mean FAA approval or disapproval
of UP :physical development involved in the proposal . It is
a de e�mination with respect to the safe and efficient use
of a' x'�pace by aircraft and with respect to the safety of
pers nd and property on the ground.
In m4ki:ng this determination, the FAA has considered matters
such ;as the effect the proposal would have on existing or
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pla, traffic patterns of• neighboring airports, the
eff�s. it would have on the existing airspace structure and
prof " te
the programs of the FAA, the effects it would have on
s f�ety of persons and property on the ground, and the
effe 's' that existing or proposed manmade objects (on file
withhe FAA) and known natural, objects within the affected
area �o ld have on the airport proposal.
The F1Ar cannot prevent the construction of structures near
an ai� aoxt . The airport environs can only be protected
thra h such means as local zoning ordinances or
acqu' itions of property rights.' This determination, issued
in a *dance with Federal Aviation Regulations (FAR) Part
157, Ades not relieve the proponent of any compliance
reapertaibilities relating to any law, ordinance, or '
regulation of any Federal, State, or local government body.
Plea `•completed and mail the enclosed FAA Form 5010-5 when
i aircxqft operations begin; it advisee us that the heliport
is adt�ve and your airspace, determination will become
perm�•int. FAILURE TO DO SO WILL CAUSE YOUR AIRSPACE
DETEEMUNATION TO EXPIRE ON THE DATE INDICATED' ABOVE. If the
heli oft is not activated prior to this date, you should
'reque6t a timeextension to allow for completion. If you do
x1ot, Eur� will assume that the proposal has been abandoned and
yourda4rspace will be cancelled.
Applc4ble obstruction surfaces are included in Paragraph
77.21 cif FAR• Part 77. The approach surface in plan has an
inne Width equal to the width of the designated heliport -
takeitand landing area, is 4, 000 ft long and has an outer
width of 500 ft . You should have a clear 1' vertical per 81
Kori q#tal approach surface to the helicopter landing area
with h 'thle area. You should familiarize yourself with all
the dpproach and other surface provisions of FAR Part 77.
if y �u •have any questions regarding FAA Regulations or
stern a3*ds, please feel free the call Sharon Perry at
718- 5�-3341. '
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�S�inyc81y 1 tiS�
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•Hary Y. DeGi //
:Mena e�, Safety €did Standards Branch
U AEA- . o/sp/sperry/05/21/-99
Aea- 2;0/state/df/aas-330
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