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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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TgoN 'T08VL wao3 Vdld To uotssTwc[ns anoA uT pageoTpUT sEesvq aueTdeae a gBxTgEqsa oq TESO&ad anOA 90 Apngs TeoTgt tmoxae sqT pvleTdwoo seq (VV3) uoTgvags TuTwpV uoTg'eTAV Teaapa auy :sw4S -;tw aeaQ 0002 'AoN :agea uoTgeaTdxs vum_0 Z0_vav_66 :asE, aoedssTy `� agenTaa/oTTgnd:di-gs.zaumo/asN SdS PueTsl suTgog :9m-eN • Ole d AN 'PTo'ggnoS :Xgo -oosaV asegauETdv@S -qSR : TEsodo.za :f ovu-0 rH`g3u Q Suo-1, anpQ qa ua$$z SIMMS}/p out fug @� swig K puOuL e 'aW u0mall iu!uupv 00P t t X+oh mQN volewer U0110 DJef78I liodljy IeuoJleW81Ll Apuuuu> •j utior Vollt� Stmj.110 6ulppne I ei®podpleJOBU-4 v018ey walsua 1uawU"'sp L • 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 r. i y k r, r ' i' i f ! Inug ON Ya/ul 9T:9T AHS 00/n/Z0 4 � CAWa• I g r . { i US Depot i Eastern ppuion Fitzgerald Fetlerel6uilding of Tronsptgt John F.Kennedy l international airport Federal atian Jamaica.New York 11430 Administ tion G i- 1 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 { i i [ZZL8 ON YH/X11 9T:9T AH1 00/6Z/ZO /- `:t Ftl .s 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. ' 5 3 �S�inyc81y 1 tiS� J •Hary Y. DeGi // :Mena e�, Safety €did Standards Branch U AEA- . o/sp/sperry/05/21/-99 Aea- 2;0/state/df/aas-330 ( r i `4 r n