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9 ~.~-- ~~~u_ /;... 1877 ~ ~,f.,!, ~ .re8.5 ~ (lpi:: ~ , ~ . PH 5'/~.S-;00 'J:> \VJA!:. Q/2.8/0<" '. ...l. -4 hPPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 . Mailin~ Address: Southold Town Hall 53095 Main Road. PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED <t- -bh~ q'~1C1..IY\. NOV 6 2005 ~Q2f...:lI4-' Southold Town (fer. FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 28, 2006 ZB File No. 5883 - Fishers Island Windswept Properties by Rosalyn Driscoll Property Location: 1877 Heathulie Avenue, Fishers Island CTM 9-11-9.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further SEQRA steps as planned. . PROPERTY FACTS/DESCRIPTION: The applicant is a family limited partnership, owning this 58,370 square foot parcel with a seasonal single-family, two-story framed dwelling for which the building Inspector on June 2, 1988 Certificate of Preexisting Occupancy # Z-16949 issued to the Estate of Dorothy M. Russell. During June 1988 a seasonai one-family dwelling and seasonal guesthouse existed on 2.22 acres - formerly identified as CTM Lot 9.1 (now CTM Lots 9.2 and 9.3), and as shown on the July 17, 1987 survey, amended November 25, 1987 and April 12, 1988, prepared by Chandler, Palmer & King. BASIS OF APPLICATION: Building Inspector's letters dated August 12, 2005 and October 10, 2005 stating that no notice of disapproval determination is required from their office, since the proposed kitchenette along with the layout of the single-story wing of the house, constitutes a separate dwelling unit, and that Section 100- 31 B of the Code states that a special exception by the Board of Appeals may be applied for direclly. The applicant has submitted two applications under Article III, Section 100-31 B, sub-section 13 of the Zoning Code for a Special Exception to establish Accessory Apartment, within the existing dwelling located at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.2; in the aiternative, a Variance to allow a year-round small kitchenette in the existing wing of their seasonal singie-family residence, in addition to the unheated seasonal kitchen. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on May 25, 2006 and September 28, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: OWNER'S REQUEST: The applicant wishes to alter the existing dwelling by adding a kitchenette for year- round use while the existing dwelling with the seasonal kitchen is not being occupied. At the direction of the building department, the applicant filed a request for a Special Exception to establish an accessory apartment. The applicant supplemented this request with an alternative, requesting a Variance to add a kitchenette for year-round use, without a rental apartment or second dwelling unit. REASONS FOR BOARD ACTION: On the basis of testimony presented, materiais submitted and personal inspections, the Board makes the following findings: \ Page 2 - September 28, 2006 . ZB File No. 5883- Windswept Prop es, Driscoll eTM No. 9-11-9.2 . SPECIAL EXCEPTION In considering this application, the Board has reviewed the code requirements set forth in the Zoning Code for an Accessory Apartment by Special Exception. Article III, Section 100-31B(13) requires certain conditions be met before an Accessory Apartment in an existing one-famiiy dwelling may be established, and the applicant's proposal does not meet many of the code requirements under Subsections A - Q, for the reasons noted below: A. The accessory apartment shall be located in the principai building. The Certificate of Occupancy for this building is for a seasonal dwelling use only, B. The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. The applicant does not occupy the dwelling as the principal residence, based on the seasonal nature of the dwelling and the Certificate of Occupancy of record. C. The existing one-family dwelling shall contain not less than 1,600 square feet of livable fioor area. The application would be able to meet this standard, however, only with respect to the size of the floor area since this house is not suitable for living purposes year-round. D. The accessory apartment shall contain not less than 450 square feet of livable floor area. The house would be able to meet this standard. E. The accessory apartment shall not exceed 40% of the livable fioor area of the existing dwelling unit. The application does not meet this standard. F. A minimum of three off-street parking spaces shall be provided. The property is large enough to meet this number of parking spaces, and more. G. Not more than one accessory apartment shall be permitted on a lot. The application would meet this standard. H. The accessory apartment shall meet the requirements of a dwelling unit as defined in 9 280-4 hereof. The application does not meet this standard due to the seasonal nature on the house. I. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. The application meets this standard. J. All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. The applicant stated that they would improve the entryway to the improved portion on the home with a covered porch and everything else will remain the same. K. The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20- 1993 by L.L. No. 6-1993] . The dwelling is seasonal and is not the owner's principal residence. L. All conversions shall be subject to the inspection of the Building Inspector and renewai of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993]. (Not available) - -- . Page 3 - September 28, 2006 . ZB File No. 5883- Windswept Prop es, Driscoll CTM No. 9-11-9.2 . M. The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5- 20-1993 by L.L. No. 6-1993] This building has a Certificate of Occupancy for seasonal use only N. The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (Not available) O. Notwithstanding the proVisions of 9 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. P. Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (Not available) Q. No bed-and-breakfast facilities, as authorized by 9 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989J (No bed and breakfast facility exists.) VARIANCE The Applicant requests the temporary year-round occupancy by the owners, or their caretaker, of a small portion known as the west wing of the seasonal home on Fishers Island. The purpose of this request is to be able to occupy this section during the cold winter months, instead of only for seasonal (summer) use to assist in watching the remainder of the home during the unoccupied (seasonal) period, but not for a separate apartment or rental separate from the remainder of the dwelling. For the record, the findings and ultimate determination of the Board, is based upon these factors: 1) the need of the owner of this property to utilize a portion of this home year-round while the unheated original kitchen Is not used; 2) the owner's inability at this time to convert any part or portion of the seasonal facilities in this seasonal home to a year-round utilization, 3) physical inspection by Zoning Board of Appeals in August 2006, and testimony by the owners and the owners' Architect, in that, the home consists of single outside wall construction, which is significantly non-conforming to present day energy standards (R-factors) with no inside walls and no insulation in any part of the seasonal home. The Architect's estimated cost of upgrading bringing the existing kitchen up to year round standards is $200,000. The Board is willing to issue a conditional decision which will allow the year-round occupancy of the west wing of the seasonal home, and allowing the unheated seasonal kitchen area in the remaining portion of the home to remain. This relief is granted with the full understanding and agreement by the applicants, and information stated in the Affidavit of Rosalyn Driscoll for F.I. Windswept Properties LLC for occupancy during the winter months (November through April) without using the unheated, unwinterized main parts of the dwelling, and further that the variance is temporary, with a reverter, allowing use of only one kitchen, based on the seasonal use of this house and the applicants desire not to make alterations or additions. DETERMINATION RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to DENY the application for Special Exception for the requested Accessory Apartment, as applied for, and to GRANT alternate relief allowing a temporary accessory second kitchen, based on the seasonal use of this dwelling, with the following Conditions: . Page 4 - September 28. 2006 _ ZB File No. 5883- Windswept pro.s, Driscoll CTM No. 9-11-9.2 . 1. That a temporary, accessory second kitchen may be added to the improved heated portion of the house, instead of the unheated portion of the house, for a temporary period of time, without permanency and open-ended, with a reverter (reverting to its original status with only one kitchen). 2. Any improvement to the house, such as additions, insulation, improved plumbing or new windows which are not related to this variance, will cause removai of this temporary second kitchen. 3. The present owner(s) of the house shall be the only resident, and the dwelling shall not be used on a seasonal basis. The dwelling may not be occupied as a two-family dwelling. 4. The installation of a small accessory second kitchen, during the period of time that the home continues to have this Seasonal Certificate of Occupancy. If and when the fee owners of this home, decide to convert the home to a year round Certificate of Occupancy, the second kitchen shall be removed. 5. This variance does not create two dwelling units or an accessory apartment. 6. If it is determined by an engineer and certified in writing that a fire separation or similar building mate- rials would be required under the Building and Fire Codes for this accessory kitchen, then this variance determination will not prohibit same and the applicant shall follow these and other requirements under the authority of the Building Inspectors. ADDITIONAL DETERMINATION: In the future, when an owner or his authorized agent applies to the Building Inspectors for a building permit to alter or otherwise make structural changes to a dwelling, and the applicant/owner is not able to meet the requirements and conditions established in the Zoning Code for either a two-family dwelling or an Accessory Apartment, the Building Inspector is requested to review the application and related documents under all provisions of the Zoning Code and to provide a written Notice of Disapproval, in order that an Appeal for a variance under the Zoning Code may be properly submitted to the Zoning Board of Appeals (without the need for a Special Exception application procedure). Any deviation from this variance, such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). n ~ ~,fJ d~. Ruth D. Oliva, Chairwoman 11/2/06 Approved for Filing DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 21, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to Section 239L & M of the General Municipal Law, the following special exception plan which have been submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local deterrmnation should not be construed as either an approval or disapproval. Special Exception Local File No. Windswept 5883 NOTE: Does not constitute acceptance of any zoning action(s) associated therewith before any other local regulatory board. Very truly yours, Thomas Isles, AICP Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELBCOPIER (631) 853~4044 t-d= it illrrE~~ I. ~ ~~r(l~l' "'SlI11<;; 011 'lIre. ~,W/.,TEJ:: SrlJ'lCE- WIlIC,rl.l, !XI5TIIJG c. .?THE!'. UTI l 111 E5 - r)(I!;T1uc" D, '>IIE IS LOCA'ED I~ fzuI1E ~-I (_'/r!E5, 0:, LOT5 Afl' :5UbJECT TO 1(1<oI-\T5 f()1( OllOR::>1E:AD I.~D U~~EK<Oi:J?U\.lD iJTILlT'''''', ~ '1 r " f KEY MA.?" SC....LE.; !:!Q.ILC1?O'{PII<l:fE DISTANCES A.I(E I.\EASuO:ED fl(OM U. 5, Gjo..'5\ /"\JI) GE.ODHIC 5U"-V.' ~/.,~(iULA.TI ON 5TA,ION "~o",,, h10\~"=::l: (ESTATE OF I,OWNC,,- :iDOO<:O'1'HY "'/>-'30N lZ:\J'5SELL t,SUWIVIOEC TIlOl-1AS W,(lJSSElL,JI(" EXEC $. SITE IS IN TIlE TOWN of 5bUTHOLD, CDU4TY OF SOU,H OLD - Uli MAP IlW SEGTIOI-J ~ &LOCi( II LOT~.I (ToTALA(E,,: z.zr'AC"-"3) 4. ~O <<ADI"''' 15 I"f/:.Ol"OSEP, 5. NO NW, ROAD5 A1(f l'1(OP'05EJ) "-l'lD NO CHI\llGIO NlLL bE MAOf: 14 THE GI(AD~5 .oF THe [YoISTING, .:t?ADs , b, ~o >l~W O(A.'Il""'t STl(UC'rU~E5 0"-. "-LTE<:.A T101.\ OF I'XlsTI~G ST'CU~TLJ<:E5 A(f: 1'1(0T"05EO, 1, Aol>>::E55 1"0'( ~U~D'VIDE "- : , ~ STE:P'HE"-I L_ H....lv\,m "SQ, 45~A\.\P'10N ~\) 5D\Jl~MP'1011, NY "'''8 MlfJOI1:: SLJ~DIVISIO\-\ PL.....N OF PI1::0l""t::.~TY 0>'. BEAC>; AVEf.JUt::.~E"<n-\Ul-lE A.-V'ENLlE FI"',He:!1:.S ISLAND - I-lE'N YOK.K MA..De 1=0<::: TH01v\A..-o w. 11::1J'O'5E:: L L, .J11:. SCALE'...: \11 = 40J''''T''- CHAJ,JDLEf(, P",.6....L""~&K.lt-J.G I-lOICW\ C>-\ , COI-JI-IE2fiauT JULY 17, 1'\&1 ~SEO : NOY. 1:"" 1~8'1 S'F'TP\.6.n<.s b..OOEO: Ar1C" \ t \ \~~_ . . , I . ~. 23~8 e., --1.--------------------- I I I I ! I I I I PROPOSED ACCESSORY APARTMENT 'MTH Tr-tE DECK AND SUNROOM 878 LIVABLE SQ. FT . , N --------16'-8" IlALL ~HOTO 2 LOOK!NG SOUTrl / / 50'-0" . I I /-PhO'-O 4 FOljNDA nON & / / MAIN HOUSE 2050 lJVABLE SQ " @ GROUND fLOOR 1207 liVABLE SQ. FT. @ SECOND FLOOR 'NA TER SER'JlCE 3257 UVA8lE SQ. FT. TOTAL -I o !illl;I!Elj + I!EllI!l!!!II "' " 1,---- -=- --,:-- --~:- - --- II II II II II II II II II II II l' --- . ilIJ '* ENCLOSED PORCH/DINING IlllllIl / / PHOro 1 LOOKING NOR;;~ 19'-0" FIRST FLOOR PLAN 11 II II II -PHOTO.3 rYPICAl--- WALl~ - 1 II II II II II II II PLAY ROOW II II II II '" , "' c j , " _ _ ~N'lNn Fa 0ClR ___.. UVING ROO" 48'-0" c ~ , I. 43'-0" .1 SCALF' I/S" = 1~~~~:0 " (~~II!!;f;~:,~~~.',\ l/,' .~'" "",',,i,' ';:;'''','',lil, '/, , i / ' .-r"~'; 'fI' T"'I;' ." ,-_ .' j, ""<J 0'-',-'1':''''11./.-.-'-, ~/<,,<,~,/ ,,'.. -'<" LEGEND: ACCESSOf!YAPARTMENT c::===~ MAIN HOUSE GROUND FLOOR LIVABLE SQUARE FOOIAGE: 2050:!: MAIN HOUSE SECOND FLOOR LIVABLE SQUARE FOOTAGE: 1207:!: MAIN HOUSE TOTAL LIVABLE SQUARE FOOTAGE: 3725:!: ACCESSORY APARTMENT LIVABLE SQUARE FOOTAGE: 878:!: EXISTING TO REMAIN """""D C========:J DECK/SUN ROOM ADDITION: 563:!: SQ. FT. ADDITIONAL LOT COVERAGE t~~~ " . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 28,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. SEPTEMBER 28. 2006: 2:00 P.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article III, Section 100-31B, sub-section 13 of the Zoning Code to establish Accessory Apartment, to establish an Accessory Apartment in the existing dwelling located at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: September 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #8037 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for -Lweek(s), successively, commencing on the ---1Lday of Seotember. 2006. Sworn to before me this 2006 ~~(Qr&Jtw\/J Principal Clerk )Ji day of ~ ~YOG1lfifIv NOlARY PUBLIC-STATE OF ~~w YORK . No.Ol.v0610b',J5.G Quolllled In Suffo\~ COlJ;:V 200B com minIon ExpIres feblUOTY , f' ~?- d- i<-<, - ,., . . ,.to!OO '}tiM. MA1tY'~ IIsm.Req~t Cot aV . 'ell: i1rIiIer SeQflien'lf>>133;'b'aied'. ~ I~t'SAllg\l>>tl1,:...,..."..,._a, Disapproval OOncerniDg,a"propoe<:d ::;=ei1~:;:/J~~~~ar; (lUld uiliIilprovcd right-of-way kn~wn,. as Meadow Lane), GreenpOrt; crM 36-2-20.1. ' ,.;':;' ~ A.M: CVfCHOQU~NE~ .:nq).u,.~~ (li.)'fuT '~u~~~an~~~: 'i~Q~i , lOO_242A (based on ZBA Interpreta7' rt#i':ieiivilia; W39intheWali~:~~1!,'i; {~A'(~f' at.ieSs'thJ.h'lO:&d'thepr#riy line. Loellii@.:"tlf,'trope:r1y:,:,3'1605CR.48'; sauthoJ.~~1+l;::-P.':'" :, ;l:l,5~f,.M,:_(~fl9r_~Clllfied, trom:Ias~'Ullrilt$,~\em:lJ!)::' I. SHACK I!S\l~.",-'>:':,-': 1:30 :P',M,jKE.~IQr.Ass,and LAURIE RAJilql:i:#59~1",RNuest for a VadanreundeISecllou-1OO-244, based "UIbe.~"i1dingInsp"ctq~sJWy31,2006 ~en~<l Notice ,PI DiallPProval con- cerniJlg aprop0sc9 dt:c~,al\ditjonwit.il hot.,tUb; which willexceedthe,maxi- mum permitted lotcovera:ge IimitatiOIl qf~%,;iltt710~eha\l4BoilI8VjI.T4. Soutbold;'CrM81__3'~, ., 1:40 P.l.t .'JPt BA\P.I)A,aildtQR" _~E,BAJAPA.#S944, Re.questfol ei AorPlanB. ~~ \~} ~\ i' '/"'" ((' 10:1\)A ".,. ACCHITA- NO I!S953; ..Req1:l~t fOr a Vananceun- der &'c!i<;lQ.,lW33, based on-the Build- ing InsPectpr~,~J,llY:2J,JOO6.'+"IoliC(: of Disapprovaf'eo'Bt'ei'iiltita,.i;~pOsed i;wimmlng,pool in a:,sid~'YariIi:Md with asetbaekilt.iess.than2Q':feet,ftfunany lotline,at755,tfllfbor,La.lle,~)j:hogue; crM97,6-:S. ,', _,-",' ",,~: 10;15AM. ,cCHOMR.S,&.awUiJitk Er-lK FQ?C#595Z, Requ!l,t!oraY.ari~ ;ance,1#ider:S~OO~- 'theaiill~'~~;;:Y,'~ No~i~ 9LciiAAItPtQ;v~;~JW~g"1l: p~~d~,,_~dditiOllatleW thaD3S:: 'tte~t@'r " 'qtlQtJiIie,.1:3~'F'r!le~j maniV;oad, t" ck; C1M 139-Ng,! 10:30 A.M. H9YS~r9F R~13~ #5926. 1his is an Applillki,(t)-rt:quest. in3,II4e~tjOlftliatfIWJ~~'a 6,QOllsquaref~t "SIlQf, adding a s_inpe- nlstead ofits~ntzo jlppli~ for.(byaprloro .__' ed'sep.. temi>erZ9, 196~,undtrAppeal ~o,J290. ~ ai?Pqcati,P,I1 ,d~ted: 1969reql,l,es~- ing,!':,s'pli1oftIleProp~r~"!lI,?"",i;r~,,Uie 6;{)'JOSG,ullTef09t,f'(>rtionto be ill;ed as; agarage,asan'a~ry,totheirhooi:e across t~~ street, .amf~/Jle remain- ingP.ot'tWn.ottw;Wt4~.. j(lCAAtdwllu" ,. ,.,.:.l:'(~;";";;" H"'>'-' ,. ';-'-'.,.'''C'r$!', _..!tOg...",. .~_~~.,.___ .,,' ...f'....,' ~T,,~.'14.1l)p~I,t~J;1l~d16nr the Buildi,nglnllpectOl~8:May~O,2006 Noti<;:e;;\l!"D~owM.,~~~ting a propos<;:.dAwelliilt<i~:te1iKi'W of the existi!IggllI,8g~at~,~~',t!!ecode-re- quued-2S"ff:'tillnilhUttisldeyMifjctbiick.' Loeat~IJ-,(If_Prrw~..:t..l~:Ruch,L,tme, Greenpcirt; ctM 5t-::3:f::t " ~(}>3S A"M:I?A'VmO;IIOFF1v1AN #5?P:l1eq~for ~ v~;~er! Sectiort1iiO-33, i'JaM:a 00 the'Bullding Ins~~ilJune 1;2006.arijl#lded NO-' tice of ~isapprovalconceming apnH po8td~:,tlfra~'iDlf!ftOntyaid' instead, ~t the,~~mre~rear yard~ ilt 1275~~~J.1U1e-;'Oteenfroit;,:CTM 523'141 "~<'::i ,::,">Y',,:-:' -10;45 ~M::i9Llk~~d.KRISTAN BURL1lidi\'MBit5'942~ . ltequest ,for Varianblls",~~er">Silcti,Qn!;! It>>:-:2~t2A\ and lOA-:M4, ba,se4 ~'lLthe: :a:uildmg; InspectOj.T1UlY!;',zOO6'NotiC~otDisap-; Pl'?val~ncerningaliditions:.to,the'ex-' ~~G~NQTic'~~ PuBUC:HEAJUiIlGS SOuruOlJ)TOWN -::'" zONING BoARDiOFAPl'EAIS ~DM'.S~lIiBE".28;,. NoTICE IS,HEREBY GIVEN;pur- SUllIlt.tO Secti'?D:.267o;>l.tPO:; To~Law and Zonipg COde-,Chapter100 (~um- berea chapter:280),COde of the Town of Southold, the,followfug publiehearirigs ~!m.l!~~~~~cy,~p'r~~ . ~",.~~~i:. Bolt, 1179, SQuthOld,Ne\VYm:k,.1l971. 0959, on ~w-rl~MBE:R 28,~:"" 'lll""'~o W""",,,,doVAL- EtuE,l4;L ,._', ,,,5,95 :J~~ue$t for aVmliliee'uli.d~fstc~lOO'242A (ZBA InterpretAAWr!~O, S039iD the WBiz1JlPlil;atklil):lII!d,100-244,_,based on~"Buildil1g InspeCtor's AugUst 1, 2006 Noti~9fP~~rOval.OOJ:Icernmg ap~ad,ditionandaltera~ionsto the ~tingd~llin~whkh'WiIiiliCreaSe: the degreep1,~pw:O~ormance when 10- cated~~aJi~S,f~t,f!:O~,\lI.e,frontlot 'Une, at il6tI'R'aIihlt'talie,''Ea5t'Marion; c:r~~A~~~~~:~:i,~d.. .,'.." Gut':Iti'tE"GiOMANO"#S9Sri~ . quest foraVarial\Ce Under SeetiOJ.l 1QO- 241(il~~on"d1~ iJtiililing 'IiisPe~'br's AugUSt 4, ZOO6"lj~tice of Disapproval concernmg--aproposedaliditionanda-l:- CJ}I;)ttf rMoNliO~'Y~~ ~jjj~'mque$t'f6~a;~~d~1 'a&ptiO'll uIkl#,zo.nihg oJde SOOtion: llJOC&1B~)JloVOb~rtthe'eXistmg.~ ftOm.a\i8'iid5cilpeiuntrattor'syfttd!<ap-' provedunderZBA No. S365':to!1~cdii-' tra'CWf't~'1q1d:W'd;iJt.f#iO.:COlt Ne~~qa~~!#~PTh",1J3,~),4,1O. ..,.~u nl..nrt,l ,R T ,;"uted'Businesll. fiQM',~~#~, iAN'~1 (I',,:.,. .~"",,_'r':;,:~c,;"'" 11~:~;M,".M'ARQl~\f:TRAVIS RAD-AtrNStd' 1-59-4-3; ,'.jteijuest-'fof a: Varlan<;:eunder Sel;tioEl-loo,231;:t-;ased onthe'iBuill\.il'1gi~rli1;-Jllly-lo-, 2006 Noti..::ofDiilapptli'4100nce.m" i1igapropqSedfencewbiChwille~ed the maximwn height limiIatiouoffour concernmg the pr the.eJ[.iStirig m;m and.to construct a n~ (second)dweUing, in_the'diSapp[O~I~~ ing COde SeCtion 1 dwellingispermirted SectioDlOO-:Z'44requ single Side ylu"d at 15 feet: Uicliiiririhf Property: 7912PeconieBayBouievaro, Laurel; crM 125-11-16. 1:50, FlshenIslaU.;,CI'M..10l,Jll-9-11~9j, 2:10P:P;f:",G~G lIIldDlBBORAH DlCIq:;R,S.9t:l.,59tiL ;}~iqueB~~Qr ,3 V~'under,secti<lDlOO-244,based unlheBuildillg'InSpectdr'$/illgust12, 2006~e.n,qe4N:~,ofnill~Pffi'Val coDcerning,aprop~,!lAl;'18f~.di\ipn andsecond_ijpOradditiODwtthasetbilck at lesi than the~~r~efl,mini1n\llIl oflOfeetoDone'sidlland'is'feetbhthe. "ther.sid,~lel!uitjrlg.inL~,qiili:-rAcorn- binedsideYlI!dlotlll-at25.fee;I"andprCh posed porch addition atleBll than 35 feet Rffi'1,.1'I'911'4 II tr,~ . ( , "'l:';,~:~.it'\~ .' " . . f e1\-t. 64/65/2665 14:42 5317559654 ZBA PAGE ZONING BO,um OF APPEALS TOWN OF SOUIHOLJ), NltW YOll.K rhooe (631) 765-1809 (631) 765-9064 ACCESSORY APARTMENT APPUCATION FOR SPECIAL EXCEPTION Application No.5 8 8 3 Date Files: TO TIU! ZONING BOARD OF APPEAI.S, SOUTHOLD, NEW YORK: Fishers Island Windswept Properties LLC I (We), Rosalyn Driscoll, Secretary of ParcclLocation: House No. 1877 Street_.Heathulie Ave ~~ Fishers Island 1. 34 A .. SCTM 1000 Seenon 009 Block 22-- 1.01(') 9.2 1.01 Size _Zoll' O,,"'CI R-80 hereby awly 10 lHE ZONING BOARD OF APPEALS for . SPECIAL EXCEPTION ill aceordaDce with 1hc ZONING ORDINANCE, ARTICLE I II , SECTION 1 0 0 - 31 ~ SUBSECTION 13 for the below-dcscribed property f.or the follow.mg uses and pm:po...es: Designation of a portion of their summer certificate of occupancy house as an accessory apartment with kitchenette so that they can live in the accessory apartment year-round. as shown ool:he attached plan drawn to scale. See Exhibit 8 (accessory apartment portion would be owner as resident's living area) A. Statement of OwnersIDo and Interest: Rosalyn Driscoll/Fishers Island Windswept Properties LLC is (are) rhe owocr(') ofprope>1ylcnown and referred to as 1877 Heathuli~ Ave=mllp. F;.qhp.r.q TR1;:mrl NV (House No., S_t, Hamlet) ide:atified on I"" Suffolk CountyT:ax Maps as DistriellOOO, Sectioo nno . Block 11 Lot q, , which is (is not) 00. subdivision map (Filed "MIIJ> of to FiIedM3pNo. See 1987 minor Subdivision Exhl-bit 7 Roz Driscoll's qrandparents Thomas & Dorothr Russell) bought the land and built both houses (9.2/9.3) in the early 1930's'rt..'I.:heir gon Thomas Russe l,Jr.dt o.ffsprinq owns lot 9.3. Lot 9.2 is owned by their daughter, UlC abovc..c.cscribedpropctty was acqu1fe oy the owner on yllny ~r; .qr~i 1 hpr rl.:=l~Qhfipr Rn.q""lyn Driscoll,and other siblinqs. These are the members of the preV10US usse Trust w 1C appears on the Property Record Card and the current owner Fishers Islanq WindswePt pr9per~LLC~~fnrrnea.la6t year. B. Thc appliCllJlI alleges that the approval of Ibis exception would be In IlY W1w lIle IOleOtano purpose of sa.id zoning ordinan.. ""d that Ihe proposed OS<: confonns to the .tanduds p,..eribed therefore in said ordinance and would not be detrimental to propeny or pmo:o...'\ in the neighborhood for the following: ~ns: The house is not visible from neighboring properties. The driveway is shared by family (cousins) and would not disturb other properties. This island is sparsely populated in the winter. The house would still look like and function as a single family house. Owners want to accomplish their use in an economical manner. Insulation of the whole house would be too expensive and hurt the unique historical character. (See Exhibit 6) C. In addition to mecting the .tand:uds prescribed by the zOlling ordinance, the follOwing requiIemcnts will be met: The accessory apartment will be 10Ciltcd only in the principal building. 2. Th& owner of the existing d~I1ing will occupy onc oftbe dwelling units as the owner's principal residence. ]be other dwelling u.oit wll.icb is p3tt of this application shall be lCB3ed for year.round occupancy. evidenced by a written lease for n term of one or more years, which will be tiled axm~lIy. 3. TIle existing one-family dwelling shaD contain not leI'S thO.llsixteen hundred (1,600) square feet of liva.ble floor area. (co,ntinued on caste: two) I .' . . ..........w......yu.. alA PAGE App\i<:aIioD lbr SpcciII r-pIioa. Pqe2(~ 4. Tbo __ ~ sIWl C(llllain IlOll... tbon four hwdred fifty (450) oquue feet of Iiwbte Boaw __ 5. The.-y~ iliaD _CXA:Oedforty (40%) P=ealoflMb1etJoor __ of.... c:xiotinJ cIwollla& VIrit. 6. A. . I "ofdln:eoft'__(_)~lIpICCIl11al1bcptO.idod...bo_onthe -pia. 7. Nol_"'_(1)- rXY_'_Il..;Dbe a,"IDs)lll<lel. 8. The ICe U )01_"'" wl11_tllC......- of. cJweI1iac _ as cJofinaI ill Seclian 100-13 of_ 2:GoIlnI Ccxk. 9. The ........ a1lIy to 1110 ) _"-" lias _ cIIIapcI tllc cxiIliD&""""'" appoI<OIlCe of. .....famIly -llina. 10. AIl__ . ,tolbeexisling.....~.. ..tflll:OPlfllUc....lolbc.....'-'l,io..-... ....o:xiIliIIrfll . li.,.........ODlbe_plat. 11. 1..........,lb.Uhe~olOc:. )'..;u......""""'.........~oflilleor1lpOll lhe __ CIOIIiII& to _ __ ollbe cIweIlilIs.... as.... 0........ priDc:lpaI....i. c.- tboc ill the _oflbe 0....... domisc, tile accv:pIlIt aflbc ~ .....b....4~_ in TO . _, ~.__ aboI1 """"",dIo 1lllIeoo oflhe d...uiac<< _ (1),.,.. a- dIo da.. of IDI doaIIac, 'IIlIicI..- rWI firal_. 12. TIllI """"......... sbr1I be nbjec:t to ;,.rpoclillD of.... B1IildiDg IIIIpOC1Ior lIIld ltenewal of CatilicICc oft',,; 7 -ny. 13. The lIIllloliIlI hildmg wIlicIl is """...."" lDpGIIIIit lbio",: "J ") ....."-.d.loa boa ill . . t """lIllIbu....lidCaliflcaleofO , 'Y.......priorIOJammyl.I984,lIIIII aDcbodhorolO. 14. Tbo aistizI& buildiD& lO&ctllr:r widllllil......-y apllllDenl, rhall """'Ply willi all 0lIIer 1...-.1."'- ofa..- lOll atdlo T_ CocIo of.... TI>wD olSaoJ1boW. IS. TIllI _.~.;.... fiJr.... -OIY .....'_" sbr1I COIIlpIy widl all _ nIIes IIllI repIaliarn of1llc New Yod< S- c................ CocIo IIllI odlrt: """,...bIc codeo. D. ThepnlpClt)'whiclals1llclllbjectatllDaappJ~OJlisZlDd 1<'- ~D R-BO aod [,..}...-cIlaoeod.... dIo__er.. CcnilicaIcoft'l . "-'Y'- . . ( } lias......., or _ ......Ii.1II! baildiacpellDiW,",", a..lilicuu oro. , .-1 far lbac cbonps "",.-had <<wIIIbe 1\ImIsbod. ~ ~P.I"~\ ~/ L. # s-.. to befGre _lhir ! 7 day of , 'r'"'"""" ; ~ :? ss.: COUNTY OF SUFFOLX) STA.TE OFN2W YORK) ,200 (. MICHAEL ROBERTS Notary Public, State of New York No. 31-4732348 Qualified in New York County CommIssion Expires June 30, 2006 . . Fee: $~ Filed BY:~ Office Notes: For OffiL'e Use Only Date Assigned/Assignment No. . 5kS/4 {7.J<M .s; Z APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.IS?? Street Heathulie Avenue Hamlet Fishers Island 1.34 Acres SCTM 1000 Section~Block~Lot(s) 9.3 Lot Size Zone District R-BO I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: . Owner as Applicant: Fishers Island Windswept Properties, LLC I Rosalyn Driscoll Mailing Address: 24 O'Neil Road, Haydenville, Ma. 01035 Telephone: 413 268 3534 Fax: 413 268 9969 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Susan Young Address: 215 West 88th Street, Suite 6H, New York, NY 10024 Telephone: 212 724-7204 Fax: 212 724~9779 Please specify who you wish correspondence to be mailed to, from the above listed names: o Applicant/Owner(s) III Anthorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED B/9/05 FOR: . " Building Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction U Other: P"'rm;t- "Rv.::om;T1<=>r r<=>t-llrn<=>" .::lppl;("'.::ot-i,n"l Tnr p<=>rm;t- (c,<=><=> , <=>t-t-<=>rc,. ~/1?/nc; r;,. 1n/lO/05) Provision olthe Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100- 31-B Subsection (13) Type of Appeal. An Appeal is made for: Special Exception Standards of Town Law, Sec. 274-b o A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 2S0-A. D Interpretation of the Town Code, Article Section o Reversal or Other Soecial Exceotion Accessorv Aoart:ment A prior appeal 0 has" has not heen made with respect to this property UNDER Appeal NOo_Year . . . . REASONS FOR APPEAL (additional sheets mav be nsed with applicant's siepatnre): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The house is not seen from the road. The driveway is shared by one other property owned by a cousin. There will be no architectural from the driveway side. The predictable increase in summer use by one more car can be acommodated by the generously sized existing parking (3 cars) (2) The benefit sought hy the applicapt CANNOT be applicant to pursue, other than an area variance, because: and traffic circle (see survey). achieved hy some method feasihle for the It would be both undesirable and too costly to convert the main house to winter use. The walls, floor, roof, foundation, plumbing and electrical wiring would all have to be redone. The unique historic 1930's Summer House . Architectual character which is of value and to the owner would be lost. (see Photos) (3) The amount of relief requested is not substantial because: Owner proposes the most efficient way of achieving his goal: Using his/her house in the winter. Winter use of one's own house for one's family, year-round, archived by economical means, is reasonable and within the spirit of this single family neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The neighborhood is sparsely populated. The houses are so well separated that there is only an occasional glimpse of another house into the property. The next door neighbors on lot 9.3 are cousins so that any slight increase of use of the house in the summer would be welcome. (5) Has the alleged difficulty heen self-created? ( )Yes, or (x)No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) . Sworn to before me this 2nd 0 ~2<~/r ...-Notary Public 7 Michael Roberts Notary Public of the State of New York No: 361-4732348 Qualified in New York County Commission Expires: June 30, 2006 . . . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New Y orlc 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD August 12,2005 . Susan Young AlC Russell 218 W. 88th Street New York, NY 10024 Dear Susan: . ~ ~ · Fax (631) 765-9502 ....... '\. Telephone (631) 765-1802 ~ ~~ ry~ Please be aware that we are returning your application for a notice of disapproval for the addition ofa kitchenette at Beach Avenue (SCTM#9-11-9.2), dated August 9, 2005, as we have determined, after further 'review, that no disapproval is required from this office. Based on the plans you have submitted to this office, the proposed kitchenette, along with the layout of the single story wing of the house, constitutes a separate dwelling unit. Section 100-3IB, of the Southold Town Code states, "Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals: (I) Two-family dwellings not to exceed one (I) such dwelling on each lot. (13) One (I) accessory apartment in an existing one-family dwelling" Because a Notice of Disapproval is not required for a special exception application to the Zoning Board of Appeals, you may apply to this agency directly. . "- . . . . .---"" Al .l.~+1 L/l./X '2,.l(: 1.-?..3Y,r ;;tx> '73 11J. ~ 2y' ..a_Go -- ~ ~~ IsN '. /~)/ /t.. ~ ~~ ~:~: '- /:tj lo.J';' /,I.re 1.//)96",.... I - f,* " ,I ~" , . M. Bldg. Extension Extension Extension =g~ ~ ~I Porch 1;0 >< '-I'T' - Breezeway ! 1 Garage ! I ..... ~'3~ ~ q'<((),/ 1 i Ckfl. 'I"I~ i I I Patio O. B. Total ". I I . I ,,/ _ I Dinette I i '''/'V~- . i K. I ! p / ?<.. '., (C'. I lR I' I _~, ~~.- >~t ,~.;, (~/, I . . COLOR ~lf.- TRIM ~k- I I , , I , , , , i , , , , I I, I I I.... I 1 I ' I I.. .1 I Ii I, ~ .. Ii,., , ~p~ Ii ~..,..1 I -, i I I tI., lvi-I I ' f \j , :" i ! , , '> , ", .. 'J.' h I'?c. \. ., / / ~, ".j ~ Foundation fj"J,,";E I <./'(',...: '-P Both ...,. --,- "'-- ~ J;, 7 1.. ~sement I.:. (1 ,.f ? .:) :;> ~ 0 j 9t. Walls I ' . '/1.:.. ' . . / 'J 4. q /) , F!?Place.: IS' --+ 'l-7'l? Type Roof /j .. 1 f' 9,( j6;reotion Room ~ Dormer r.~ ", -" . i......... "'7/ Floors I nterlor Finish Heat I Rooms 1 st Floor i Rooms 2nd Floor I JJ.I.., Driveway . . I I , I I ! \ I I , I i ! 1 I , I i j I , ;Li"" I , I I I I la.. , , if ' I , 21 ::.,'/ . i i , , , . " i I I I I~ I I I 1 I ' 1 , " .,.I I I , T I I , I I I I .' I ., I I I i , i DR. SR. ! ; FIN. B i . ~ .., ~~_~. //~M;'OWN,..OF SOUTHOLD PRoPERTY RECORD OWNER VilLAGE DIST. E 1<: W ,;>1{ ACR. ~ SEAS. Vl. FARM COMM. CB. MICS. Mkt. Value IMP. TOTAL DATE REMARKS -I o .2 ~ <H) ;Z f CJ-(j (' AGE BUilDING CONDITION NEW .FARM NORMAL BELOW ABOVE Acre Value Per Acre Value Tillable Woodland FRONTAGE 0 DEPTH BULKHEAD Meadowland House ~_ Total .,.e...,~ DOCK .- ~ '-.-....... CARD 11- If SUB. lOT L-916'1-0-570 ~TIE~ JISTI'lICT$, '-- @ .., ~~.6.1.h::l g '-' ~.lA(cl ~ '>E, 10 I~ -~ ._~_.___J - r'''", 'I --......'-......~ ()~ --............-., NOTICE G) COUNTY OF SUFFOLK CD ~ Re<J Property T ox Service Agency '= i: COI.J1ty Center Rrverhead,N Y 11901 . ~ stALE IN FEEl: 101 . II1l1 ~1IlI , E y " A P "" no "" ~ SOUTHOLD SECTION NO ~AINTEN^W:E. ^lTERATION, 5^lE OR OI5TRlBIJTlOtjOF^N1PORTI(JNOFTHE SUFfOLKCOUNTfTAXI.lAPISPROHIBlTED rlTHOOT WRITTEN PERI,lI$SIQtl OF THE IlUlPROPERTf HX SERVICE AGENCY. VlHCECF 009 "Sf"" ~ 1000 PROPERTY ~AP c""_<<,,~ 0"'. .~~,".'''B i~G..,..,., rtJ~~: ;1:\' ~SEESEC'''''''' ~ ) '.'" MAT~-i!--_~ t.l T -------i!~~ " 1.12 ~ ~- ~~ ~~~.~. ! 2.2.1. ~O, V "J . : ". les ~DO -N- ~ · COUNTY OF SUFFOL~ (j STEVE LEVY SUFFOLK COUNTY EXECUTIVE ~\' \ ~\J\j ,..,..--- ---=<~'~. ,."!f,,J ',,'.:'\., ' '}. '1 1Sj\j'Q DEPARTMENT OF PLANNING November 21, 2006 Ms, Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to Section 239L & M of the General Municipal Law, the following special exception plan which have been submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Special Exception Local File No, Windswept 5883 NOTE: Does not constitute acceptance of any zoning action(s) associated therewith before any other local regulatory board. Very truly yours, APF:cc LOCATION H, LEE DENNISON BLDG" 4TH FLOOR 1 00 VETERANS MEMORIAL HIGHWAY MAILING ADDRESS p, 0, BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER (631) 853-4044 MRY 22 2006 17:09 FR TRRVELERS SLG --. ~~i\) _ C/\V- f... / ) ~ + (Y'-C I-c- ') 1,,1- (~ 860 277 2239 TO 916317659064 P.02/02 . Sarah F. Russell BOl( 104 Hadlyme, C106439 860-954-0242 (work) 860-526-2797 (home) May 22, 2006 Southold Town Zoning Board of Appeals Southold Town HaIl 53095 Main Street Southold , NY I 1971 SB'33 ~ ()> Id- S/a:r /0" RE: Hearing on Applilllltion for Special E:lception Accessory Apartment To Whom It May Concern: I received a notice of the hearing to be held Thursday, May 25'h, 2006 regarding the request by Fishers Island Windswept Properties, LtC and Rosalyn Driscoll #5883 for a Special Exception under Article III, Section I 00-31-B, sub-section 13 of the Zoning Code 10 establish an Accessory Apartment in the existing dwelling located at 1877 Heathulie A venue, Fishers Island, New York. I am the trustee of the trust which owns the adjacent property on Heathulie Avenue, known as the Playhouse, per the Sarah F. Russell Declaration of Trust, dated September 15,2005. r write this letter in support of the application for a Special Exception baving no objection to the proposed Accessory Apartment with the understanding that this apartment will be for the use of the owner and owner's familv onIv during the winter months ofNovernber through April. I appreciate having the opportunity to comment on this application and would be happy to rl;'ply to any questions. k~~ ** TOTRL PRGE.02 ** %%AVIF Office Location: a�®�0 �OGy Mailing Address: � 1 Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 • P.O. Box 1179 Southold,NY 11971 0! Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 November 3, 2006 By Fax to 212-724-9779 and Regular Mail Transmission Ms. Susan E. Young, Architect 215 West 88th Street, Suite 6H New York, NY 10024 Re: ZBA 5883 —Variance for Temporary Second Kitchen — FI Windswept Dear Ms. Young: Please find enclosed a copy of the Special Exception and Variance Determination rendered by the Zoning Board of Appeals and filed today with the Office of the Town Clerk for permanent recordkeeping purposes. As you know, the Town Code requires an application for a building permit before commencing any construction activities, which should be submitted directly to the Building Department with final maps or other documentation that may be required (and an extra copy of the enclosed determination for easy reference at that time). Very truly yours, Linda Kowalski Encl. Copies of Decisions furnished 11/3/06 to: Building Department May 10 06 02: 59p S Ynung 1 (631 ) 788-7434 p. 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK 588;— X In Matter of the Application of AFF(DAVIT Rosalyn Driscoll for F.I Windswept Properties LLC X (Name of Applicants) CTM Parcel#1000-009 - 11 -92 1877 Heathulie Avenue, Fishers Island -NY - X COUNTY OF 9UFFOLK) • v�� STATE OF NEW YORK) 1, Rosalyn Driscoll, residing at ?A O'Neil Road, Aaydenville, MA, 01o3A, being duly sworn,depose and say that: As Secretary-Treasurer of Fishers Island Windswept LLC,(the family partnership that is the legal owner of our home on Fishers Island),I am a managing member,and am authorized to make this affidavit on its behalf. Once the Accessory Apartment is estabtished,•members of our family will live in it on occasional weekends daring the winter months(November through April). We want to be able to go to the island more frequently and tot stay there longer than the summer months. Our intent is not to make a two-family dwelling or even a separate apartment;we just want go to our beautiful house year-round for enjoyment and to work on maintenance chores.We can't use the main part of the house in the winter months because it is unheated,not insulated,and has no winter water service or winter Certificate of Occupancy.Upgrading the whole house would be prohibitively expensive;we like it the way it is and we don't want that much space for wineer visits.The main Pan of the house would be vacant during the winter months when we occupy the apartment. Um the sunrmmer(May through October)our family would use the house as a summer gathering place as always.The little 2"d kitchen would probably not be used during the months when the main kitchen is available.Most years we rent the whole house to one family for ten ,- weeks(late June through August)to defray expenses. We would not occupy the apartment during that time. We cannot claim that this is our only residence,but we do hope that you can agree that our family's winter use of the house is reasonable.We hope you can grant us the exception to accommodate the needs of our family. ignature) Sworn to before me this 10th day of M , 2006 ( Notary Public) SUSAN E. YOUNG, ARCHIrhACT April 3, 2006 Southold Board of Appeals Town Hall Annex 53095 Main Road Southold, NY 11971-0959 Re. "Windswept"Accessory Apartment Section 009, Block 11, Lot 9.2 1877 Heathulie Avenue, Fishers Island Dear Chairwoman Ruth D. Oliva and Board Members: Pursuant to Special Exception Standards of Town Law, Sec. 274-b as amended July 1,1991 and Article I I I Section 100-31-B (13): I' . We respectfully request the board grant a special exception to designate an'existing wing of the as house an accessory apartment. Owners want to use this part of their house in the winter. The house has a summer only Certificate of Occupancy. TABLE OF CONTENTS Exhibit 1 Memorandum Exhibit 2 Letters from the Building Department Exhibit 3 ZBA Forms: Questionnaire for filing with ZBA Application ,- La�' Application to the Southold board of Appeal": Applicant's Project Descriptions Short Environmental Assessment Form (Two Sided).. Letter of Authorization Applicant Transactional Disclosure Form Accessory Apartment Questionnaire • Exhibit 4 Southold Property Record Gard (Two Sided)} Exhibit 5 Certificates of Occupancy (For this,and lot 9.3) Exhibit 6 Photographs of Existing Conditions Exhibit 7 Survey (1987 minor subdivision shows existing conditions) Exhibit 8 Architectural Drawings: with Accessory Apt. Sq.Ft. Calculations UNE FOLD) Exhibit 9 Site Plan W/Zoning notes and lot Coverage Sincerely, Sus A. NYC: 215 WEST 88TH STREET, NEW YORK, NY 10024 — TEL: (212) 724-7204, FAX:(212) 724-9779 • E-MAIL: SUYOUNG(a)RCN.COM • MEMORANDUM Owners request special exception permission to create an accessory apartment with a small kitchenette in a wing of their single-family residence pursuant to Southold Zoning Code Section 100-31(13) so that they can use the house year round. The property is in the R-80 zoning district. Presently the house has a summer-only Certificate of Occupancy. Without a special exception use the owners, are deprived of the use of their property. Benefits cannot be achieved by any other means because: The Building Department has refused twice to entertain owners application or issue • a disapproval based on single family use. See Exhibit 2 The benefits to the owners are: 1. To accomplish their winter use in an economical manner by insulating the one- story portion of the house adding a kitchenette. Owner also wants enhance this portion with a small sunroom and deck which addition is within lot coverage and setback regulations. Plans will be resubmitted to the building department following the determination of the ZBA. See Exhibits 7 Survey, 8, Architectural Plans & 9 Site Plan. 2. In the summer, this accessory apartment would provide privacy for grown brothers and sisters and their elderly mother. It would allow the co-owners of this family trust to gather under one roof to renew family ties as was the purpose of the bequest to the family. 3. The partners in Fishers Island Windswept Properties LLC are: Rosalyn Driscoll, William Driscoll, Peter Driscoll, Thomas Driscoll, Conrad Driscoll and their mother Judith Russell Driscoll. Sarah Russell Elwell and Lance Elwell are the cousins who live on lot 9.3. The unique and unusual nature of this property is as follows: See Exhibit 6 1. The main portion of this 1930's rambling shingle beach house has unique historic architectural character. The exposed studs and bead board are charming and of • value. 2. Upgrading the main house would be too costly: See Exhibit 6 a. The house is not insulated. b. The foundation is of blocks with a small crawl space which is in some places less than 1 foot clearance. See Foundation Photos c. It has no way of getting water service in the winter. d. The walls, roof, floor, water service and plumbing would all have to be changed. e. Modernization would also take away the historic character and charm of the house. f. Once an upgrade has begun, the remainder of the house also must be brought up to code. This would likely entail the replacement of plumbing, water service, electrical wiring, roof, foundation and walls. NYC: 215 WEST 88T" STREET, NEW YORK, NY 10024 - TEL: (212) 724-7204, FAX:(212) 724-9779 • E-MAIL: SUYOUNGQRCN.COM 2 There would be no adverse effect on the neighborhood because: 1. The driveway to the house is shared by no other houses other than a cousin of Mrs. Driscoll. See Exhibit 7 Survey 2. The family's winter visits would enhance the island which is sparsely populated in that season. 3. The kitchenette is of limited size (45 s.f.) making it an accessory cooking facility and more in conformance with the spirit of single-family use zoning than a larger kitchen would be. Architectural Plans Exhibit 9 4. At the exterior, from the driveway, the house would look the same. Exhibit 7 • 5. Changes are contemplated beyond the existing foundation, but not at the entrance. The deck and sunroom enhance the house as a single-family structure by replacing a blank wall with windows toward the ocean. (See photo Looking North Exhibit 6 and Architectural Plans Exhibit 9) 6. In any case, the house can only be briefly glimpsed from the surrounding roads or adjacent properties. Compliance with Accessory Apartment Requirements: The owners' plans are largely in compliance with accessory apartment use regulations saving the fact that owners intend to occupy the apartment themselves. 1. The accessory apartment is located in the principal building. 2. There shall be no change to the exterior entry. 3. A valid C of O is enclosed. Exhibit 3 4. The existing driveway provides 3 parking spaces and a traffic circle. See Exhibit 7 Survey Size is in compliance as follows: 1. The existing dwelling contains more than 1600 s.f. of livable floor area. (3725 s.f.) 2. The accessory apartment contains more than 450 s.f. of livable floor area.(878 s.f.) 3. The accessory apartment does not exceed 40 percent of the livable floor area in • the existing unit. (878 / 3725 s.f. x 100 = 23.5 percent.) We think that this accessory apartment is within the spirit of the zoning ordinance and will not alter the character or the neighborhood. We hope you can grant us the special exception so that the house can be enjoyed year-round. Thank you. Sincerely, Sus E. , R.A. • FORM NO.4 f TOWN OF SOUTHOLD ��`•• BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy No. .Z;16949. . .. .. . . . Date . . June 2, 1988. . . . . . . .. . .. . THIS CERTIFIES that the building s. , . . . .ONE.FAMILY DWELLING, , , . .. . . Location of Property NE CORNER OF HEATHULIE & BEACH AVES. FISHERS.ISLAND House ll% Street Hamlet County Tax Map No. 1000 Section . . .9. . . . . . . .Block . . . I I. . . . . . . . . .Lot . . .9:1. . . . .. . . . . . Subdivision . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ..Filed Map No. . . . . . .Lot No. . . . . . . . . . . . . . Requirements for a private one—family dwelling built prior to conforms substantially to the �xNx11iNgcshlgxc April 23, 1957 CERTIFICATE OF OCCUPANCY . . . . . . . . . . . . . . . . . . . . . . pursuant to which o. . . .Z-J 4949. . . . . . . . .. . 988 dated . , ,, , ,June 2,. 1. . . . . . . . was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . .. . . . . . . ONE FAMILY DWELLING & GUEST HOUSE` . . . . . . . . . . . . . .. . .. . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . The certificate is issued to __...ESTATE.OF.DOROTHY M. RUSSELL of the aforesaid building Suffolk County Department of Health Approval . . . . . .. N/A. . . . . . . . . . . . . . . . . ... . . . .. .. . . .. . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . tTfA . , . , , ,, , , , , , , , , , , , ,, _, ,, ,, , PLUMBERS CERTIFICATION DATED: N/A V, - 4e ZOO- . . . . . . . Building Inspector Rev.1/81 *THESE TWO DWELLINGS CAN ONLY BE OCCUPIED BETWEEN MAY 31st AND THE 15th DAY OF SEPTEMBER AS THEY DO NOT HAVE SUFFICIENT HEAT SYSTEM. BUILDI's:G DEPART LENT TOWN OF SOUTHOLD, N. Y. ` HOUSING CODE INSPECTION REPORT Location NE CORNER OF HEATHULIE & BEACH AVES. FISHERS ISLAND (number do street) (1,lunicipality Subdivision Map No. Lot(s) ' Name of Ocmer(s) ESTATE OF DOROTHY M. RUSSELL Occupancy R-1 OWNERS type (owner-tenant) Admitted by: LEFT-OPEN Accompanied by: MR. DIXON Key available +� ` Suffolk Co. Tax No. 9-11-9.1 Source of request STEPHEN L. HAM iii Data May 23, 1988 DWELLING: MAIN HOUSE Type of construction Wood framed -is'tories 2 Foundation H. Tile & Cement Cellar Crawl space Total rooms, lst. Fl 9 2nd. F1 5 3rd. Fl Bathroom(s) 4 Toilet room(s) 1 Porch, type roof over Deck, type Patio, type Slate Breeze:•ray Garage Utility room x Type Heat NONE Warm Air Hot4rater Fireplace(s) 1 No. Exits 5 Airconditioning Domestic hotwater Yes Type heater gas Other Pantry, large attic ACCESSORY STRUCTURES: Garage, type const. ONE CAR WOOD Storage, type const. Swimming pool Guest, type const. Other 2nd Dwelling located on the property. VIOLATIONS: Housing Code, Chapter 4,5 N.Y. Stat.Q uUniform Fire Prevention & gilding Code Location Description � Art. 1 Sec. BOTH DWELLINGS HAVE A FIRE & SMOKE DETECTOR • SYSTEM. THESE TWO DWELLINGS CAN ONLY BE OCCUPIED BETWEEN MAY 31st AND THE 15th DAY OF SEPTEMBER AS THEY DO NOT HAVE A SUFFICIENT HEAT SYSTEM. I CH 45-PART 1000 1000. 1 b Remarks: Inspected by: Date of Insp. May 31. 1988 Curtis W. Horton r •Time -start 10:00 amend 11.30 am r w APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Fishers Island Windswept Properties LLC Date Prepared: March 14, 2006 I.For Demolition of Existing Building Areas Please describe areas being removed: 2pDlication is for special exception accessory apartment use. This 4709 Sq Ft rambling shingle style beach house built in 1932 has no winter C of O nwnar wants to add insulatinn, heat and kitrhPnPtte to existingI-stow wing fnr year-round use. Upgrading the main portion of the house is too costly and would ruin the historic ha a -er. Future Deck/Sunroom addition shown on plans will be submitted to the DOB pending ZBA ruling. II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension:22x24' (no setback/lot coverage issues)Addition is not at issue. Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): 13 Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: varies 21-611 to at grade (this is a deck) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Not the subject of this application,but F.Y.I. : Number of Floors and General Characteristics BEFORE Alterations: One floor Insulate exterior walls, floor and roof. Install heating system. Install wood stove. Install new kitchenette. New header and bracing at entrance to new Sun Room. Number of Floors and Changes WITH Alterations: one floor no change Not the subject of this application,but F.Y.I. : IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: , _-14 acre," Proposed increase of building coverage: 542 S.F. Square footage of your lot: 58,370 S.F. Percentage of coverage of your lot by building area: 7 +- including the proposed addition V. Purpose of New Construction Requested: Make one area of the house usable year round so that owners can visit the island in the winter. VI. Please describe the land contours(flat,slope %,etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The house now has no insulation and no heat or water in the winter. Installing it in the main portion of the house would be too costly and would ruin the charming summer house quality, and distinctive archtiectural character_ See Photos. Please submit seven(7)photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered(area of requested changes). 7/2002;2/2005; 1/2006 t; BUILDL".r, Dr,P.4RT:,'^iiT TOWN OF SOUTHOLD, N. Y. HOUSr G CODE INSPECTION REPORT Location HE CORNER OF HEATHULIE 6 BEACH AYES. FISHERS ISLAND tnumoer & szreez iiunicipali'ty) Subdivision Map No. Lot(s) Name of Otmer(s) ESTATE OF DOROTHY M. RUSSELL Occupancy R-1 OWNERS type owner-zenanz Admitted by: LEFT OPEN Accompanied by: MR- DI= Key available Suffolk Co. Tax No. 9-11-9.1 Source of request STEPHEN L. HAN IIf Date May 23, 1988 DWELLING: GUEST HOUSE Type of construction WOOD FRAMED stories 1 Foundation Block 6 Stone Cellar Crawl space Total rooms, lst. Fl ?2nd. F1� _3rd. Fl) Bathroom(s) 3 Toilet room(s) Porch, type Deck, type WOOD Patio, typeSLATE Breeze'day Garage Utility room Type Heat 4 ELECTRIC HEATESf Air Hotwater Fireplace(s) No. Mcits Airconditioning Domestic hot-water YES Type heater ELECTRIC Oder ACCESSORY STRUCTURES: Garage, type const. Storage, type const. Srri mning pool. Guest type coast. Other VIOLATTO,A:S: Housing Code, Chapter 45'N.Y. StatI �,niform Fire Prevention R&M fire Lncation Descrip o tion � Art.1 Sec. f ' Remarks: Inspected by: ) Date of Insp. May 31. 1988 Curtis W. Horton j 10:00 am 11:30 am -Time start end 62-6j' 182-5 ' � K LEGEND: EXISTING TO REMAIN WINTERIZE PROPOSED ADDITION 87'-7 SMOKE DETECTOR SECTION 103'-458-10 SITE PLAN: srnlFr=32FFFT 17.-1188 EXISTING PORTION GRAPHIC SCALE IN FEET SOE e FOR SUMMER USE TQ REMAIN UNCHANGED 6'-B ' 23'-76' ~ 79-91- 194-9j' 8 V� I MI�0 123-10� IIV n 166-10 ' a F , q ` PROPERTY DESCRIPTION C ON BEACH AVENUE,FISHERS ISLAND,NY 06390 l7 97,-6d TOWN OF SOUTHOLD,COUNTY OF SUFFOLK DISTRICT 1000,SECTION 009,BLOCK 11,LOT 9 1 ,1 USE AND OCCUPANCY-"R"ONE-FAMILY DWELLING TYPE OF CONSTRUCTION CONVENTIONAL LIGHT-FRAME CONSTRUCTION 25 STORY STRUCTURE OVER CRAWL SPACE TOTAL AREA OF PROPERTY-134 ACRES=58,370 S F. H OWNER FISHERS ISLAND WINDSWEPT PROPERTIES LLC 24 O'NEIL ROAD,HAYDENVILLE,MA 01035(413)268-3534 SCOPE OF WORK LOT COVERAGE COMPLIANCE `I.NEW ADDITION(A SUN ROOM AND DECK) I.PROPOSED CONSTRUCTION 15 IN COMPLIANCE WITH THE LOT COVERAGE REQUIREMENTS OF SECTION 2 WINTERIZE 1-STORY PORTION OF THE HOUSE INSULATE WALLS FLOOR AND ROOF ADD WOOD STOVE, AND UNDER 59,999 S F.THE ALLOWABLE LOT COVERAGES LESS THAN 20 PERCENT. 100-244 OF THE ZONING CODE OF THE TOWN OF SOUTHOLD WHICH STATES THAT FOR LOTS BETWEEN 40,000 BOILER,RADIANT HEATING SYSTEM AND WET BAR FOR WINTER USE GENERAL ZONING NOTES 2 CALCULATIONS 1 THE LOT LIES WITHIN THE LOW DENSITY RESIDENTIAL R-80 DISTRICT WHICH IS DESCRIBED UNDER ARTICLE III SIZE OF LOT: 1 34 ACRES=58,370 S F(43,560 S F X 1 34=58,370 S F) ALLOWABLE COVERAGE 20%OR 11,3405E(58.370SF X 2='I1,674SFJ F ZONING CHAPTER 100 FROM THE CODE ID THE TOWN OFSOUT WHICH EXISTING LOT COVERAGE•3438 S F 2 THIS 1.34 ACRE 58,370 S F LOT IS NON CONFORMING IN SIZE(80,000 pR 2 ACRE IS REQUIRED) SIZE OF NEW ADDITION(INCLUDING DECK).294 S F PROPOSED LOT COVERAGE.3732 S F.(3438 EXISTING S F+294 NEW S.F.=3732 5 F) 3 THE USE OF THE PROPERTY FOR A SINGLE FAMILY RESIDENCE IS IN COMPLIANCE WITH THE ZONING CODE OF PERCENTAGE OF THE LOT COVERED 6.3%(3732 S F/58,370=6 37) THE TOWN OF SOUTHOLD. SETBACKS ACCESSORY APARTMENT CALCULATIONS SIZE OF ACCESSORY APARTMENT; 1324 S F SIZE OF EXISTING HOUSE WITHOUT APARTMENT WING.3926 S I.UNDER SECTION 100-244 OF THE ZONING CODE OF THE TOWN OF SOUTHOLD,FOR LOTS BETWEEN 40,000 (FOOTPRINT OF FIRST FLOOR)+783 SECOND FLOOR=4709 S F F AND UNDER 59,999 S.F REQUIRED SETBACKS ARE AS FOLLOWS. FRONT YARD 50 FEET SIZE OF DECK/SUNROOM ADDITION:541 S F TOTAL IT73 S F.SUNROOM/367 S F DECK) SIDE YARD.20 FEET BOTH SIDE YARDS:40 FEET SEWAGE DISPOSAL SYSTEM REAR YARD:60 FEET EXISTING ON SITE 2 PROPOSED SETBACKS FRONT YARD;136'(IN COMPLIANCE) WATER SERVICE SIDE YARD:37'(IN COMPLIANCE) ' BOTH SIDE YARDS.54'-8"(IN COMPLIANCE) MUNICIPAL AND EXISTING REAR YARD:APPROX.87'UNCHANGED(IN COMPLIANCE) 14.164(0195);-=Text 12 PROJECT I.R.NUMBER 617.2E SEAR - = Appendix C ; State Envtronmentat'Ousitty Review- _ SHORT ENVIRONMENTAL-ASSESSMENT FORM For UNLISTED ACTIONS Only ,,PART I--PROJECT INFORMATION(To be coinpteted by Appticant or-Project-sponsors` 1. APPLICANT/SPONSOR 2. PROJECT NAME Susan E. Young, Architect Fishers Island Windswept Properties, LLC 3: PROJECT LOCATION: ` Municipality Town of Southold Fishers Island NY County Suffolk a. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,eta.,or provide mapt Suffolk County District,1000;'-Section 009; Block 11, -Lot_ 9.2 '! r 1877 Heathulie Avenue 5. IS PROPOSED ACTION: New Q Expanslon ❑ModiticatioMalteration 6. DESCRIBE PROJECT BRIEFLY: Sunroom deck addition to a portion of the house to be winterized for year-round use. 7, AMOUNT OF LAND AFFECTED: Initially 542 s.f. acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER FISTING LAND USE RESTRICTIONS?'' (Eyes ©No It No,describe brtelly Setbacks, lot coverage are in compliance. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? "QReatdentlsl,, ;Olndustrial` = 0Commercial OAprlculture- OParldFomsVOpenspace' 11Other 1.Deacritm R-80 ~ 10, DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFEDERAI, STATE OR LOCAL)?= DYea ❑No It yes,list illency(s)and perm111appi0vate Town= of:Southold',Building'Permit 11, DOES ANY ASPECT OF THE ACTION•HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?-' .. .. t,'• .;, D Yes ®No' If M_ list ipanry"ttami and permiUapprotiat „ 19, AS A RESULT OF PROPOSED ACTION WILL E7I6TING,PERMITMP0R64L.REQUIRE MODIFICATION? oyes D No, :. I CERTIFY THAT THE INFORMATION010VII56 AWVE•IS TRUE TO THE BEST OF MY ICN•OWLE*t" App3cantlsponwr name: Susan E. Youncr Date, 3/14/06 Signature: If the action N in t oastal Area, and you are a state agency, complete the Cosstat-Assessment Form before proceeding with this assessment OVER 0 ` ! w i • PART If—ENVIRONMENTAL ASocoSMENT(To be completed by Agency) A" DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.8? it yes,coordinate the review process.and use The FULL EAF !.Yes '—No B. WILL ACTION RECEIVE COORDINATED REVIEW'AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR.PART 617.6? It No.a negative cectaraucs may be superseded by.another invoiveC'agency. No C COULD ACTION RESULT IN ANY ADVERSE,EFFECTS ASSOCIATED WITH THE FOLLOWING:(A.awers may tie handwritten.it legialel C1" Existing air quality. sitrfacii'Gr grotmdwater duality or quantity, noise levels. existing traffic oatteRis.'soiid waste production or disposal potential for erosion.drainage,or;,nooding_problems?ExolBin briny: C2. Aesthetic.agricultural.archaeological,historic,or other natural or cultural resources:or community or naighbor0000 cwaracter?Explain',briefly: C3. Vegetation or fauna fish.shellfish or•wik8ife species.significant habitats.or threatened or endangered species?Explain briefly; , Pt- A community s.existing plans or or a change in us@ of intensity of use of land or other natural resdurces?Explam briehy • CS. Growth,subsequent development.or misted activities Ilkely to be induced by the proposed action?Piiplair►luiefiy. C6. Long term,short term,cumulative,or other effects not identified in C1•C5?Explain briefly. Other impacts(including changes,in use-of; Wantltyor type,of energy!?Fatplain brianY,• D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A.CEA?...' Dyes ❑Nit E IS THERE,OR IS THERE LIKELY TO OF,CONTROVERSY RELATED TO POTERrIft ADVERSE DWMNMErrAL IMPACTS? ' 0Yes ❑No If Yes,exptain briefly PART Ili—DETERMINATION OF SIGNIFICANCE(To be,Completed,by Agency) i, tteSTRu%j g!I M For each adverse effect jarrif led abov%datennine whether R.is spbstanttar;tow,ittiportant or otherwise significant. Each effect should be assessed in connection with its(a)setting re• urban or ruff!};(b)probability of occurring:(c)duratlon;(d) irreversibility;(e)geographic scope;and M magnitude.n necessary,add-attachments"gr reference supporting materials.Ensure that molanations contain Sufficient detalt to show that all relevant ttdvatse'lrrtpacts't►avetatsean identHieet and adequately adilressert It -� question D of Part it was checked yes,the determination and significance must evaivate,the potential.impact of the proposed action ort the environmental characteristics of the CIA Cl Check,this box if you have identified one or more potentfaily large or significant adverse in Abets which MAY occur.Then proceed directly to the kiLL.EAF-andfor prepare,a positive declatatiprt. " ❑ Check this box if you have determined, based on the information and analysis above and any supporting docufiteatation, that the proposed action YiIILL;NOT result In any significant adverse envlronn►efttal impacts AND provide on attachments`as necessary, the re"Ons'supporting this determination: Naemr of Lead AVnCV Print or ype Name_ot Ras a oifts5er in AttencY - es lose tQn�[Yre o Respom a iter in Lea Aj"CY ipiitt-0re o Peptrli' T i etdit tom taSpenSi le Ortttert APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Roz Driscoll (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Accessory Apartment Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by)a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO k If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 2-7 day of A-z� Signature: Print Name: 2.6si1_Yr✓ �Ji2tscoLL FISHERS ISLAND WINDSWEPT PROPERTIES LLC 24 O'NEIL ROAD,RAYDENVI[LLE,ALA.01035-TEL 413 268-3334 March 25,20D6 Southold Board of Appeals Town 1-1211 Annex 53095 Main Road Southold,NY 11971 Re: 1877 Heathulie Avenue,Fishers Island,NY 06390 SGTM#9,Block 11,Lot 9.2 To Whom it May Concern: I Rosalyn Driscoll, secretary of the family limited partnership ovining the above mentioned property,hereby authorize Susan E.Young,Architect of 215 West 8811'Street,Now York,NY to fate an application to the Southold Board of Appeals. The application well request that the single-story-wing of our house on Fishers Island be doomed an accessory apartment,a use permitted by special exception by the Board of Appeals. Sincerely, &salyn Driscoll,Secretary APPEALS BOARD MEMBERS �o�pS�EFO�k�o Gy Southold lbwn Hall Gerard P.Goehiinger.Chairman o 53095 Main Road Serge Doyen,Jr. w P.O.Box 1179 James Dinizio,Jr. o Southold,New York 11971 Robert A.Villa y _ �.a Fax(516}765-1823 q jig Lydia A•Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOL.D • QUESTIONNAIRE ACcessOrY Apartment or Bed and Breakfast with owner-occupanty Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: Fishers Island -Windswept Properties LLC composed of: Rosalyn, Driscoll, William Driscoll, Peter Driscoll Conrad Driscoll and Judith Driscoll Name of the Applicants) and his/her Residence: Rosalyn Driscoll, Secretary of Fishers Island Windswept Properties LLC 24 O'Neil Road Haydenville, Ma. 01035 Names of Current Residents/Occupants of the Subject Premises: Same as above Current Occupants are: (please check one or more boxes) { } Tenants with Written Lease { } Tenants without Written Lease { } Current Owner {, } Contract Vendees ` { } Proposed Occupants/Residents under the Subject Application { x } Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a. written or without a written lease, are not current owners, are• not contract vendees, are not proposed occupants/Residents under the Subject Application.' and/or have a different residence. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( • } Yes {x NO. ri lAuthoriz and D - •fir-,� ," ...,.. f i ti i • � pF SO!/r A%, y��o Town Hall,53095 Main Road Fax(631)765-9502 P.O.Box 1179 Q Telephone(631)765-1802 Southold,New York 11971-0959 �O oIyCOWN BUILDING DEPARTMENT TOWN OF SOUTHOLD October 10, 2005 Susan Young A/C Russell 218 W. 88th Street New York,NY 10024 Dear Susan: As I had explained in my previous letter(dated August 12, 2005), regarding an application for a notice of disapproval for the addition of a kitchenette at Beach Avenue (SCTM#9-11-9.2), dated August 9, 2005, we have determined that no disapproval is required from this office. Based on the plans you have submitted to this office, the proposed kitchenette, along with the layout of the single story wing of the house, constitutes a separate dwelling unit. Section 100-31B, of the Southold Town Code states, "Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals: (1) Two-family dwellings not to exceed one(1) such dwelling on each lot. (13) One (1) accessory apartment in an existing one-family dwelling" Because a Notice of Disapproval is not required for a special exception application • to the Zoning Board of Appeals,you may apply to this agency directly. ectfull , Damon alli Pe it Examiner CC: File, Z A • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes :91 No B. Are there any proposals to change or alter land contours? ❑Yes R No C. 1)Are there any areas that contain wetland grasses? NO 2)Are the wetland areas shown on the map submitted with this application? NO 3)Is the property bulkheaded between the wetlands area and the upland building area? NO 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: NOT APPLICABLE D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO (Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have any construction taking place at this time concerning your premises? Nn If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? NO If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel SINGLE- FAMILY and proposed use SINGLE-FAMILY WITH ACCESSORY APARTMENT (examples: existing: single-family; proposed: same with garage.) A ri e ignattrre a D 2/05 1111 Looking South • • • i VFW, }� f Oarp lit VA •r w First Floor Playroom • III F - First Floor Bedroom Second Floor Bedroom • • Main House One-Story Portion YJ II . t`tp'� �..'�. �. lam• i .�'� e-r_ •'Y e`4 r,�` ` " 1 ' •fly, ' - ''�'r• iP.�'•a i�'+lil �g1�xtf:V- Looking North • • 'wV i Existing Dining Room/Enclosed Porch • • • Existing Kitchen • a Area of Proposed Kitchenette • I t' • k Second Floor Bathroom • s + 1 t fi \ I jr M F I►` ,1 -400� 40w 4f Existing Water Service (for summer use only) • • • * WW- "r y 10 ti • s r ,, :�;wires,� '*4 .: Small Crawl Space Difficult to Insulate • / r +y to J S � i a 1 y. • 4 oil y It 1 �~ ♦ f F # ti, t ATT I • i r �3%OV2008 OB:17 PAX 031 287 1070 IDS TTHEWS N K4H 002 a 111j,11,111,11,11111 Jill 1111111111111111 SOFFOLR CO CLM:Rx RECORDS ®F�I�F RSCORDING PAOE Rcaardad- Qg'2®e�oOAM Type oftsvmat= pDS�D� At: Number 0f Pages: 6 RadairT Number o6--t?003455 L7CBERt nan o-2429 T"MOVER °ZZX Ei MsR: 05-22521 PAGE 667 ` 8loekn Lf%t: Sections 11 CIO0Q9.QOZ I >03Rtrict: 00,9.00 1000 Exammm ap Cg RGLM AS FOLL01I8 j 'so.00 1DAed Pjwuut= t N"mpt � >otece�.v+�d the 8a���aoitzQ $'ees Far �,b���stxumea 05.00 130 Ilan— $15.00 No Psg®/giling 55.00 Nd lgym SRMVT $75.00 NO l COE $b_n0 NO PA-%TATE $0_00 W0 xh�CTt $5.00 No Cart.copies $0.00 190 TP-594 $3D.00 so gCTK NO RPT C�.Pres $0.00 r g0_OII NO s158.00 TramsfeY tax Face Paid 2521 TRA1�al�ali T1 � = 05-2PAM pART or THE INS'tRMMUI�T TBtS pAC,S TIS S NOT A bceivrd flay-GI-2000 OBatZan Fro1r631 287 1976 To-MMS JACMS (ONG Pape 002 11T„it:l/2tlltK ft,17 VAX 0,31 IK9 MIN M01R7"1'!tl•NS M JIAM (aJllll:l • i Z ' / lRL11[tL'hl1 - 1v111ducE at pto{es J Ul +t`Jy A MK OE SIJFFrA.Y. YjL*Tr'1 al#_ _ L DDOM2429 Seri p Its•' t1YdG►xn:R DTV 03-UMI Yuol t:d Tl:us1/Mafia�nuuulent t'IneA f Mnrtg4ge'L1tA lirrmding/Filial;9tmups P�9 — 3 iV iingage AML rnGC f 1'iLttg I 1. jlpi0 Tlut — D 0a 2. Addilincwl'llaa - A""` p Sub TOO - Tl'�ilW SpacJAtlldt. Nutu►iwt, ��^ — or Sitb 3omi J Spec./AtkL rA-a"217 CrmOrAl) -jVt MTrs•TAX — - pm.-Ill(Sole) —� Dutdri. --LJual l:rlmry r— t 7T Held forAmni"famt g gT.S•A - T4 adiff� anu Lamm,of Fit. Ma — Atf daviL �- • ® The p►wDwly I-A.vw%d by gd$(ponpre Is off will to imptelved by u we Ot tP* Outitted Copy . fa®ly dwcllipx only. NYS Sum4WUr 00 -glib TOM' � YI`$r— 0z NO if 140.9cu v1mP"ate to rtswAO tm MCI - (irend'Lbtal� P�#�_OG thiti �4entent �' nne.0o 11.vu 002 S C way PeerENatJo1L iwnd Bl� loau 4 Die4 Section 06QQQ979 ono 00900 lioo o0aon2 Coneitleradot�amn nr 4�_ Rol Ptt1�y 1 -U_ 0� rPP Tax DuC S AJ�y �aTY A ylmpreroA,�� Val jntativn �i�lA1N VXald 120,d). mLvflutio�s/ t i9t PMUrDiht. B� Y Ow 911Altilih$Address TD S ` fi g16t ORD A TwTURKT0: aT.P.l11�Cn i, >3�. TIi, Teq- 'fCJ !1�[Ctwws 6 $en' 36 HMP"* Screca s gouthemptotl, HY 11968 )( 1'tDNriittl � Tlub 1:0ffi JS Title p l�ec�c�rd' & Endorsement Pa e SUg1k C,quIIt made by: This p4c fam pnR aP th9 MIU0lcd (,ST'SGif1Y 7 YPl±ull]NS rRirht8NT1 dB UM q L'1!r 111C F tlCtleill'ttl e`/Wa7cdia WLLi,IAM N. TiA25L0 JA•1 S11FFD1••1CCUUNfY,NF YORE- 1 ,t1; I+A&CD SAM. to-A. a6 avre eor Clue' � — Ll the•rommmp Of TO w t Np.wLRT pgppgQITBS, t.t.t J,nthe VirJI AGE - Fi51lEIl5 I9LAS111 ,. • to 11A1v11 JisT aP^ ��_ $07�5 ti'11iRiT R NNST B8'1 X k't[l t11i pll;DdTl>p 1N 111.ACK Tri1lC t)AT�.Y 8RIU1t'1C1 TtFic'.(]1iALV d OR FLUNU 1 _ a__ee.�ene n9•t7•.o Fsul<-191 28T 107e T,40BERTS JAMBS Will NO 111 001-d 100IZ00'd 515-1 BOIO iz Zll} 'ian S90Dtlr S1a390a-Wit Wd9B Zl 900Z-EO-��YV jlI;A .l*IaK H9:17 PAS KM 2117 1117K 7g1171Y1arip"t K UAX �111/l .• cMiV, 6►ruoRulWUN900118IaN1MISI 9N.oiRUxfrxr.YFneINSInU&IEHT6l�uuDBE{13lp�YLAWYEI�CN1.q THIS INVE3WMRL'/11:<de IhF Z j day of October,WM Uwueard rNe. yyllliApAN.ORISWLI,.1f�-rasa v °rap-uust�eURderllra►w.Ig;,-r m*AS cme3%WfCn and ",� juna d4 i9m caum Read R,Plymum-flNeme6Din b,5(47,as to anundMeed an�hlliE(f%Trimce uFThe WELLS FAROtJ BANi(,M A (aswjCCe �r-hW��ttD N0RWE3T BANK MINluE5t1TA.M A�, "[ltuurde W.RusseU Tftm fprJudith R.orwrdl under Iiupfeumulil daolld veto d"d7tt4odo Krieger. w a�ic J.U"mu,mi m Wens ralge ft,*waxer so auu h Y suml.Mlrlaaeilohb, wm wlChVMed one-half I)A)Mteteah. pa"utthe fifst part.and }ryEF1.RBI�NDWIN0MPTPROPER g.�G.aMinea�l)mltadfialrili►ytalmPartY�leazUCauntyR4(ut { s•r4ymnuut MlnneeoW 55447, pally ur tt,e.%Pmnd parL vllrtN68s�if,tt�erthlapnityvTd�tils�var6�+oal�lderar�eu+aEu,nand atuloD. ---t!#l.uul— e"heirs pattl by the parry of tim sCCD►d ivtl.does hembY g�a d MWMD WM Um PUdy urlho second F'rK or sua.'a�v'�nntl+�tpns of Ulsl+�idY oEtho soea a Pam+ IdRM.1pinp AR Oren cpMdn W.pIVA ul Irarar l o f rnlld,uwtlt c b�nntguS lk W St aaft4elelft th G*-t i 4B8 M . and being Rt"' co►Ib'ialld.TOW11 at SnuU 0Rk�OaRhy Df 1►d(alk;uul Slgre of New YoAt,ISetItQ n►°rr parttr.WtulY 4Kndldea end dooadbud 9ti as!tprhl,'en Sehed.da A n MUL Bl NGANDINTENOWToeLtnesamR mL�slnwltiuillheltaiffis ium&aandrean dilailmO =attne irotweyod m dn:vadj66 of tha ArA W dy docd.da4Ed Swlle>y►h S1dTaae Calmly Glefh an March 94.7NR7 in Cip i tar 8 1198 In 'bbeee l dated pl>Q•-3m.n..spali►vely. mordArt In dm OfRW ur Ute 9ltttotk 0a►Ndy I;JPlIt T00mpit�all right.W.end Ulten�i,If aRy14 the parry of tna first pat!In a1R1 tC My stc�.Rs and randd d4utdng the swve deaditled pl whm to Uie center tines ths"k TOGETHER�the apptlte"Ar PMMIGCM "Rod afl U +aciialo and ri� P of laBCottd Put.Ytel sSK nrPmsllrm�e65a►Is#llom TOid aWalm Oft"VE-AND TP Phony�l cc sCMW ltereln Oraraed uhdo P� �fprever. rFuNaftmilitParltlw1110*thalU*09 yolthaoldvalthua*toldameprsu w;IdRnydtlnpwlletfJbY ANDth lf►osaddtlrer►re�+�61x1leawnlLrimd lllent►�aYwht�vcr,a►Gepl ad aroresvld- rst ANO wlfp racc1 Of O 111101hq l�diVGtlalirur M cAw =vM vMtmld thml4VK la reeelva sod► �l rdiu118Irst s a yw► b be appltltr(RalbrOm PU(Pl a of paym *a ease pf the 1111 0"ro►8nt and wM Rpply the i eri her to tho payment of tha aos!oT 111e tmpovement oat t r r181tre mtY ttwS of Wa 6rniesu�llre so puldose.7rte wntd"Partl►"dRO bolo cDnslr ad m N tt read" raolulfCe- iN W17Nt 6 WHEREOF.ihb patty of irte r►19t ppn ttis duly a scuted hole deed the da`m tar biM"Oft vaitten. 1N PPASEN97 UP ^ W .D _�— 8G Succeml co-Trustee wEIJBFAEtG4BANV A..TetL' eY .l r. 1 s r,1d SeatldYtdNY.@-Tll rmn,OUtC:6�oi1R�d3�"d�•tntht�OYWICN�Wh�la,C14��aArls�lAW91M1Itt+�IOW��wd w.w+. ..'nee rule anal till IIS.,113/•4aK IIN:1N PAX H-11 2117 1117H 4NA'PIlHW1 N IIAN (jiJ11115 TO 1 iLSP7 ONLY AMMWLE_ M MOUE IN 11K STATE, ytllw ur NMYYonG rannly��[ es i ^.R.Iw+aruaur Yotll.Oauny nr : on the rsr of in rim yao�2et16 bdlmmR III *,the d"nt In"M year aaneityClppaartQ Ind umtlto ueder*rjd,jm%Mbiht apple d underalgnM, porwIl v kl�w to f r indlvl�1ul0►a on the nabw ur ss�Bsklatary 0*[c=to Is il�ddiivld uzi van=names rua sattsfai:ti+ly wIM%jl7t aobsvRltAlkrlheur0lnn'mw+ie►ruual�eoiahlw1ae11a1uul�lhat 9ubscl�sdialhaWllhlnia5ullltntandaalatmrelyrOsd tehhdlh"YMWAMIedl1111CO �OIntWlnnith�rc• &:Mp6 ho/9haIlIM 1pnattEd,to alUnA In hiSRtalAnefr r2p6p6ey.susl rfaied(WduN�or IhA 1�M AIRY taynet ed eh the IrOMME11a.11d ilpAvWuW.%.or Itul lied by MWI:19n"I"" on am hyo(n,rnsnt, pump Upanbehsir of xfu6il ll-intIMMala erred,eraculOd I" pAl6anuWa 6tdt�If of wNrn the lodMldual9 al(ed.vllvtvlzd the lnauuou i. mst+ue'N saereryrf�abAa � �I�atatyPJll�� ��� (Iopneill(earid oft of it diuidu•+I taidna�,ltnlnlrieagTllgtlj) pl9natury w1J office etilvi' el i�tingaO edpn'ridf TOBFUBM2.ByVMW41"FaCKNAllLeM Q O l;1DEN6WVOR1tS�a7� two ale 2h�ymuultoucttoayeVowRoosbcto%DdMA���""'�1Y d pummiliVlulrryoto a-- i-+,. wa•1�-6..cts—l.Ktlltlacim[n'Wg,,iy bdlf1o111dlyVual v.4w�.'IlsM'IS V bFllhnd la Ills III Iusc0owfly.alb that by h*signlitlar Onfb6lneim►tell VOW Ir"Mmonad and adalotylodawl lu me that h�rres�118d he ,anaeutwt the ndn"gM.and tltel suds lnd1MjW malts emlt it;lndhr Awt.m ds Oman emhoI aTtN11tb1 rt ul are stab{d wypeararas layers the unI In Ihv C1. at'o>ftar Pal Nlelen) �l'tri►n'� tZZiii4ar,a.�.Iffift.A awyPlAric Commhaolti te7!]EO Nolanna -Commie 1os�erareoeiN Iuue�sruli,grpYelfeb u DiSTq(CT 1000 BARGAIN AND SALE DOW SECTION 091.00 tljMc0v9MwrAMAlhWGRAD1 It'SAt:f9 fiLOOK 11.0 LOT 01111.1112 TItl1 Itio. �p�DADGRESSNi(fro 1 Beams Net�neln Avg;. WRgwn AL DjhwH..U.1G Sv ttl`TNs w d F&hens Isyne,W rota" WL•LI FAW BANK N.A..Tr9ate9 70 fiETuRnt>3Yalal.ta FLmrar s ISLAND VAIM 'T PWIPLK nES•LLC apl¢We-MMMorNMivadrflQloDnFTmAaN9MVIII rF71B aitdbuNibfl >Aagtvl:llYlr ipAsil�oRllelO�Itl�a ort� e__I .r a woe-sane 01:17uo prarill 187 Info TwROBIRTS 1ACOS Olin Pop unp 0V0312006 09:10 FAR 631 297 1079 MHAATTHEWS N ]UN 0006 State of Mllnlaeuta 5y.: Altdoepa`4l Who ''`.,'� day of October in the yoar 200S Wan;mo,the undwsignad.p--nally®ppeamd Julie L.Krueger porzrunly llomn to ma nr proved to mean the ba918of satisfactory evidence to be the ind'uvIdUal whop me Is subscribed to me wMln Irommem andLx* wMed4ed to me that afte MMt'd UO smuts lu tm LAP-Alf.and that by htr-Ignature do the instrumal;the indMdual,or the person upon behalf of which ft mdividtlel acted. execVIed the insbun3wd and that such Indiatduol n cle aueh appcorodaa bc%m the underdgrad to the -0 In no shAle of Minnesota ►msert the City or other pofiU•cal subdivision} {eigngture qnd afFlee oftndhdduet tektatg oelo:oa�iodgMonq , Mn1Ary Puhlir dOANTHMEGA l NoW� p«ryic-M1nt+rss JOM THRMALBIMEA .fan.01.2010 I IRT PLOD-KMIGO ""--"`� dtyCenitdseloe EaplrosJan.at,�1b RaCBtaed MaY-t1M889 09!170 frW911 217 1079 ie-RQBERtS ZAPS GREIC page 006 u5lliJ.'2uu8 119:18 ass 101 207 11170 HNA•11111H.M:: N oAM @rn117 SCHLIJULE A Deed Party d the First Part: William N.Driscoli;Jr-,as Sticcrosur tina ee,tlHd Wells Fargo Bonk.MA..Tmulee Party or the Second Part: Hshars Island Windswept Properties.LLC Used Dated: October 3.7 ,zoos All that certain plot,piece or Farcel of land,wllli the buildings and improvement thereon erected,Axote,lying and beirrb to Fishers Island,Town of Southold,County of Suffolk and Sb3le of New York,mote particularly bounded and described as follows: BEGWNING at a mummer!!on the northeasterly line of Beath Aventaeet the dMoltig line timnan the hereindesdxibed parceland land formerly of f9chard A-and Mantis Fimmi, 6aid rronumt being located 97.44 feet Noah of a point which is 2287-90 fV,:L West or another monument mankind the United-States Coasl and Geodatiu Survey Triangulation Station"PROS",and RUNNING THENCE stung saga land ikirmarly of Howard Nardi 7 d6gtees 15 rynuies 45 seconds East 1902 feet to a monument: THENGS stiu along the last mentioned land North V dugiNxs 29 ndoutes aJ se-xinds Walt 58.8t3W t o a r►anument and land now orfnrffedy uF Sl abeth M.Husaand: THENCE along said lend now or formerly of Husband North 64 d®9nnis 23 n►nutes 10 secant-s Est 962AS feet to a ptdf*at#w.divis&ng title b0hvefn the helVin itasadhed parcel and tend now or fnrrti dy of Thuinas W.Russell,Jr.; THENCE along said land rim 6rforreedy of Thatna8 W.Hassell,Jr.the fcilluwl•1g ruur(4) courses and distances: (1) South 28 deg 30 rntnulks 60 necands Enat 61,bZ to an iron pier: (z) South 3 dt green 29 n inutes 50 seconds East 103.50 to an iron pipe; (3) South 14 degrees 5 minutes 51 seconds Cast 79.76 feet to an iron pipet t4) South 27 degrees 42 miruttas 111 seconds 651.St 123.91 reet to a point at the northwesterly One of Beach{(venue:: .� THCNCE al4naft northweelmly Irian of Reach Avenue South77 degrees 17 rd auteS 00 setvnds vuem!i7.63 feel to d irmiluntent: THE1GI`along the norlheastdiriy line of Beach Avenue North 67 degrees 36 rrinutes 00 sc von&1Tllr et f MM teen 101the nlonurnehli set gt the point or phni a 0 SEMM011 TOGE7 HICK WITH an easement and fight-of-way 161 pedeslrians and vehicles for the benem of and appurtmentfn the above-dowitied premises over and along tt,e existing driveway located on the premises edjoinlne Dieabove-descnbad premises on the east for. ing m and egress to and frwn t t mlhulic Avenge.seed other premism Mini,!drrrsibed ' in that certain deed made to Thomas W.Russell.Jr_,dated August 9.1990 and reuarded In Uber 11207 page 00b an January 15.7991. ALSO I OGEfHERWITH a perrneneattr-neawil For the benefitofand appurterient to the above.described pren1 altar thr.in5L-Nation.connection.oporeUon,neiw MAI p=08% use,maintenance.repair and teplacement of the water serAIM line over,undi'.r,Q bough and across an eascffmt wea bated on other premises adjoining the aliuvvi+dia-cribed Ruviud WY-03.2008 OIAT:m F,w-9g1 287 i11TB TAOISTS JAM 611119 No 007 r , IIR/IIle21111N e1A:79 VAS K.'I] 247 111170 MM.Y1'Y1111M Of BAR �jllllN prcmiacs an the east,said other premises being denedbe3d In that Certain deed made to Thoinus M Russell.Jr..doled August a11990 and►aeortted In tlber 11207 peke~005 tin January 1 B,1991,said eaeenwni nn.l Wrig tenicrt in width and its canter line bsing the existing line ror'wraler service to lheabuve-demibed pre msm-m the Px1ePdstrorn Heattwlie AVOnUO BUMS said other premises adjoining an the east in the tow Uzoll rule i between the abcv&de_sWbe:d premises and said outer premises adjoining on the east. i ALSQTOGOWERWjTHaparivinent easementfor the bendtofand apixutenanttarihe above-described premises for the continued Use and maintenance of any pub le service wihty Ilttesthairmycrosssetd omerprentlses eadiolning the antive-aescrtoetl pra"9e3 on the ead and scsvirr.the ahovg-described premise& ff. r J I Received Way-03-2000 00.17am from-031 197 1010 To-R(18ERM JAMM GREIG Pare r0t F SO Ujy®l ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 va ar Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G MARRIAGE OFFICER r �@ Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �l�'CO Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER U�V"+ southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 7, 2006 RE: Zoning Appeal No. 5883 Transmitted herewith is Zoning Appeals No. 5883 of Rosalyn Driscoll-the Application to the Southold Town Board of Appeals. Also enclosed is a letter from Susan E. Young,R.A. to the Z.B.A., a memorandum describing the request for special exception, (2) letters from the Building Department, a Questionnaire for Filing with Your Z.B.A. Application, Applicant's Project Description, a Short Environmental Assessment Form, a Letter of Authorization from Rosalyn Driscoll authorizing Susan E. Young to file on her behalf, an Applicant Transactional Disclosure Form, Accessory Apartment Questionnaire, a Town of Southold Property Record Card, a Certificate of Occupancy dated June 2, 1988, (2) Housing Code Inspection Reports dated May 31, 1988, (13) color photographs of the residence and property, a Survey dated July 17, 1987, an Architectural Drawing of the proposed accessory apartment, and a Site Plan. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 04/06/06 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 5882 Burt's Reliable (Garrett 3679 $400.00 Strang) 5883 Rosalyn Driscoll (Susan 801 $400.00 Young, Arch) ' 5884 Diller, John (William 3435 $600.00 Goggins,Esq.) Paroli, Leonardo (New 5885 Eng. Barns-Kazi & 1215 $400.00 Gorman Assoc) TOTAL $1,800.00 Thank you. Town Of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/07/06 Receipt#: 801 Transaction(s): Reference Subtotal 1 1 Application Fees 5883 $400 00 Check#: 801 Total Paid: $400 00 Name: Driscoll, Rosalyn 24 O'nell Road Haydenvllle, Ma 01035 Clerk ID: MICHELLE Internal ID 5883 COUNTY OF SUFFOLK Sg�3 STEVE LEVY \A0 SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMs��s OF PLANNING November 21, 2006 Ms.Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to Section 239L&M of the General Municipal Law, the following special exception plan which have been submitted to the Suffolk County Planning Comnussion is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Special Exception Local File No. Windswept 5883 NOTE: Does not constitute acceptance of any zoning action(s) associated therewith before any other local regulatory board. Very truly yours, Thomas Isles,AICP Director Planning - ndrew P. Freleng, CP Chief Planner APF:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER (631)853-4044 1 Office Location: ®�. pG Mailing Address: �� yam► Town Annex/First Floor,North Fork Bank y am53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 ?� p!� Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 October 31, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5883 (Windswept) Action Requested: Special Exception Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures 1 MAY 22 2006 17:08 FR TRAVELERS SLG 860 277 2239 TO 916317659064 P.01i02 wf 116 10 r �. J To.- Southold Zoning Board of Appeals Fam 631-765-9064 From: Sarah Russell pate: 5/22/2006 Re: Special Exception Hearing Pages: 2 0 Urgent 0 For Review 13 Please Comment ❑Please Reply C1 Please Recycle • • • • • 0 • • e t TRANSMISSION VERIFICATION REPORT TIME 05/24/2006 08:24 NAME ZBA FAX 6317659064 TEL 6317651809 SER.# BROJ3J726019 DATE DIME 05/24 08:23 FAX NO. /NAME 97887434 DURATION 00:00:44 PAGE(S) 03 RESULT OK MODE STANDARD ECM f OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(cD_Town.Southold.ny.us Jayne.MartinOjown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: tU S1l/v 1-0 UA) C�L I / it C— DATE: RE: �/J/9 � �33 r `��°� /j� ICJ — IN//t7� Swt Ale" , LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MAY 25, 2006: 11:20 A.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article III, Section 100-31 B, sub-section 13 of the Zoning Code to establish Accessory Apartment, to establish an Accessory Apartment in the existing dwelling located at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ZONING BOARD OF APPEALS TOWN� �"ALD:--- NEW YORK ----------X In the Matter of the Application of AFFIDAVIT OFF SIGN gos Uric oll�'oy W1MsWq* Qro pub**G LL C (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 0005 - 11 - 9.). Z -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) osm&1 A O residing at 215 N11eS-1 8�t4+}g'[" d ,6 H WeWtlQ1L ,New York,Ifeing duly sworn, depose and say that: On the 1'�____day of � , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven days prior to teat date of the subject hearing date,which hearing date was shown to be �ep � �► • -4t- (gyp` i e Sworn to before me this 2°t day of SaP4- , 200 4 ota Public MICHAEL ROBERTS rY ) Notary Public,State of New York No.31-4732348 Qualified in New York County Commission Expires June 30,200ry near the entrance or driveway entrance of my property,as the area most visible to passersby. y�� ■ • • •��• �aC�3�•a•�7aIwl��ir' ■ Complete items 1,2,and 3.Also complete A. Signat e item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X r Addressee so that we can return the card to you. B. Received by.(Prin Name) i C. D t of a very ■ Attach this card to the back of the mailpiece, Cam"{!^Qdl�) SSA I I or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No C, ��h "gal Yne , c-j 3. Service Type Certified Mail ❑Express Mail 06� 3 C\ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 O O 4. 1160...D,D 01..3 7 4 4 93.48 (Transfer from service label) PS Form 3811,August 20d1 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and`ZIP+4 in this box • u Sa N) E% "r oV N%, (� .A, . ��t!I�7>I: ••1�iTJ!!�!�l:Il�Y9x�3�(�7J� •i �► •► • - ■ Complete items 1,2,and 3.Also complete A. S nature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X 1 Addressee so that we can return the card to you. B. e eived by(Printed Nam Da ivery ■ Attach this card to the back of the mailpiece, C)1� or on the front if space permits. D. Is delivery address 4ifferentrom item 1 ❑Yes 1. Article Addressed to: If YES,enter delivery add r ss below: ❑No t�0 HC."(L-OrYle.0-Dc'. Ark oi ol}xl D � ,X{ 3. Service Type Certified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 1160 0001 3744 9386 (Transfer from service label) PS Form 3811,,August 2001 Domestic Return Receipt ( 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• QUA •r ot�►w w ssszo� ; _ldlaoay wnlaa oipewo(3 LOOZ lsnBn L L8E wood Sd d� : (/egej sopvas-dq ieismi) +I 2.E 'C a 0 0 9-I fI E E' jegwnN GI0IV l T (aed VJA9)Ik-1le0 PelolJlSea 'b a, 'O'O'O❑ Ilaw painsul❑ aslpus4=1y1 jo;ldlaoaa wnlaa p paialsl6aa 11E1N ssaJdx3❑ IIEW Pelllpe�g lc)- 1,1-9 edAL aolnieS '£ ~? �J C101>c7�� C' ON_0=, ;'m laq ssaippe tianllap ae;ua_'Sa k 11 o L L wail woo luaiaJlp ssaJppe Nan11ap s1 •0 3 Passa�PPt/01oRnf 'L eosds 11 luoi;eyl uo jo 'eoaldllsw e4l do 31ouq eyl of peso s143 4oenV ■ A A11a0;o aleO •o (aweN pa;uud)Aq panlao '9 •noA of pied ayl wnlei use am lsyl os eassa'ppy asaanaa ayl uo sseipps pus ewsu anon(lulJd ■ lua X 'paIlsap sl tianllaa paloulsall A q well amleu ft -V alaldwoo osly-£pus'Z'L swell eleldwoo ■ .��tdt�[•�.�cH,�c.]�S•x6�9L'���rrr►i►u7.� • • :(r[�1►I:�: UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Su)S .p 'E. "�'(oor3 &' M. A . AM 6 t� 1002�- 2354 ■ Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. Agent X ■ Print your name and address on the reverse ❑Addressee e so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery s Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 3; Article Addressed to: If YES,enter delivery address below: ❑ No Wr I;IZ 0ATtoQAIi P o f3OX 11)1 Wa-t cnzr3uP—y , CT 3. Service Type 06r7 ZO-01-)1 M Certified Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O D. 4 Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ,y60 am,, 1,074(Transfer from service label);: Qd 2 2 0 00 5,14�I 1 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �ooyioJ , A ee Some 6[A I 002--1 iim Complete items 1,,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. El ■ Print your name and address on the reverse X ❑Addressee cf so that we can return the card to you. B. Received by(Printed Name) C D e f D ivery Attach this card to the back of the mailpiece, r , or on the front if space permits. ap D. Is delivery address different from item 1? Yes y. Article Addressed to: If YES,enter delivery address below: ❑ No Mwooc Ccily��nlGLlAillt�s IU- loo k6w V)OV-Vi1?W Vr-%V2 A,('-r '3d 1 J Q I �� � RoL. Zt2�-5 f Z 3. Service Type ®Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mad ❑C.O.D. 4. Restricted}Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) ; 7 00 ;,ZZ GC> PS Form 3811,A66ust'2001 Domestic Return.Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE F� i� Ij }j=mb 'a lgista ,t�I&F24, Permit No.G-10 7. .fr•as• ! r4• �; a dYttttm a>� i e,;�•4 a �. .dt a�''t � .t�.c.,� � effigy '�kirM • Sender: Please print your name, address, anc zlv+"" `ifs lt-►1 hire' '"'miwwl u 1�usav\ OUVI ) R_ A - 21 S >n7csrr Oe-H Si 1�e Co►t — ;—.—..—.�- �rrrll�irr►Ilraarr�'rlr�rt�rrlr7rrltrrrl��rrrllir�rrlr�rr�rU'! r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT FISHERS ISLAND WINDSWEPT PROPERTIES LLC & ROSALYN DRISCOLL OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon ' >> Applicant's Land Identified as 1000- 9 - 11 - 9.2 X COUNTY OF SUFFOLK) STATE OF NEW YORK) (, 215 W, 88th Street Susan E. Young residing at New York, NY 10024 New York, being duly sworn, depose and say that: On the 14 th day of MaY , 2006, 1 personally placed the Town's official Poster,with the date of hearing and nature of my application noted thereon, securely upon my-property, located ten-(10)feet or closer from the street or right-of-way(driveway entrance)-facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be (Si re Swbrn to before me this 14 tWay of May , 200 s -ti_ BoBEIZ7S ;,Tote of i+iew York 314732348 QUC&r1fiiad in %0W York County00-&— Commission empires June 30, (Notary Public} - *near the entrance or driveway entrance of my property, as the area most visible to-passersby. 5y'�Ay� do - Reg.Fee f"ij 4N! EProvided) QL- ,� 13 Z M e. Lrl Handling Return ul -• a Charge Recei t (3 m 2 Postage Restricted r- p� t 5 q E o t �� Delivery 06390 O ived rR Postage $ .l c Race r!!/� m Q. Domestic Insurance up to m, $25,000 Is Included in the in. C3 Certified Fee r © _� Postr c �( ~m Customer Must Declare o j surance t International&I'united indemnity C3 Return Redept Fee u- Hr@D8 Full Value $ r•� Without Postal O (Endorsemend Required) l J insurance (See Reverse). p Restricted Delivery Fee .0 (Endorsement Required) 06390 OFFICIAL pp USE ni rU Total postage&Fees $ t * $ USaar� L300 q jII� � • Q Sant To i`•ci�� tic l�iw _. ...._...__._____. � i- Z S7+�c orPOBoxNo. lj�Q.} !� arvjw— Gl_-Q-1 crty,bYate ZIP+4 D� Z-12-: ZZ m m S-C2o i!t :00June 20G2E a m PS Farm U m C) C m � W L6 SLK =a PS Form 3806, Receipt for Registered Mail copy r-Customer May 2004 V530-02-000-9051) (See Information on Reverse) For domestic delivery information,visit our website at www.usps.com . � Postal 0CERTIFIED MAILm ,RECEI'PT it aCERTIFIED MAIL,,, RECE'IPT r-1 (Domestic (Domestic Mail Only, No Insurancq Coverage Provideo) Ln Ln a r� Postage $ t 1.5 7Fee • n uu 1v� E3 �4/�rJ � 0 P CertiffedFee ` � co MAY p Pa Z C3 Retum Reclept ee G v- 'as 0 Return Aeclept Fee (Endorsement Required) (EndomementRequirerq ff�Q RestrictedDaliveryFee LUU� (E drs`ame°ntea quired) 06390 _U (Endorsement Required) ti C. 06390 ti rU Total Postage&Fees $ , Total Postage&Fees $ m mO sent to C3 Sent To.--_----- Q Q,-�Wb +er o -----"wt F �v S--S----A----l--1 -------------_.-_ '_"'�'�-------- BSXO% orPOB=JVo orPDBoxNu PO Sox to �Q __ d 1 me_-- _. ._......_..—__ cTry,"s—rein�w a` .�'O. _��_� c,t�ctit�v�bur GT_ 06720-0191 t-ta y rr :rrLA „ 4u. ♦S ,rt OFFICE OF ZONING BOARD OFAPPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown northfork net Email: _Linda.Kowalski'Town Southold nv us Jayne.Martinna Town Southold nv us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: DATE: e RE: S U73 t !o- . ► �� 1! �; = ^ ,. Town of Southold ZBA i p O App. Name O'Tax Mai_ O File No. II SEQ �I Board Member James Dinizio Search: EJ'Unliste El Other n9 T mm€ , Hearing Time: 112PM I G.File Number: 5883V,yJ Tax Map: 9.-11-9.2� � I ;App:Name: Windswept Properties, Driscoll, FI WINDSWEPT Received Date:i 4/5J2006 Tot. Fees: $400.A00 'Hamlet Fishers Island .Type: Residential , Zone R-80 Date forwarded to Town Clerk _4/6/2006 -s e r Status: , D`eliberations &Fina(Action: Denial with Alt. Relief Meeting Dates Building Dept: 3 (; h W_ . ;Location' 1877 Heathulie Avenue it Meeting.Date ND.bate 1 j `;Short :. Hearing Date 1 /25/200611 ND Date 2 �i Denied Special Exception; Granted 2nd accessory 1 Desc.: kitchen with condition instead of Acc Apartment- it Hearin Date 2 /28/2006�{ co y p 9 �,�� ND Date 3��� E Pry F; , Hearing Date 3I ND Date 4 ' w-._ _. ... .. :..._ . r . ... _; ... _.-.._` Hearing Date 4 ND Date 5 I; See Bldg Insp letter referring for Spec Exc(in Notes error). No yearround kitchen now and cannot i! Hearing Date 5 � ND Date 6 = F ' reside yearround if it's a summer historical kitchen. Action Date:. V l ND Date 7 _.m. /28/2006�! 1 10/4/2006 j2.36 PM .CAPS ; I<IdUM , T __ DevelopedT y the Southold Town,Data Processing Department'i' t:A T-ie following application will be heard by the Southold Town 133ard of Appeals at Town Hall , 53095 Main Road, Southold: 0AMENE WINDSWEPT/DRISCOLL #5883 P /IAP # m 9= 1 1 =9m2 Special Exception F-LIEQUESTNE Create Accessory Apartment DATE : THURS . , MAY 255 11 :20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 10NING BOARD-TOWN OF SOUTHOLD 765= 1809 NOTICE OF HEARING "he following application will be heard by the, Southold Town Board of Appeals at Town Hall, 53095 Main Road,, Southold: FAME : WINDSWEPT/DRISCOLL #5883 14AP # Nm 9= 1 1 =9m2 APPEAL : Special Exception F.EQUEST: Accessory Apartment DATE : THURSDAY, Sept. 28 , 2 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ONING BOARD-TOWN OF SOUTHOLD 765= 1 809 k --tipLr)'SEf i�.'i3' G7006� ' - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK � , f� ��`q b -----------------------------------------------------x In the Matter of the Application of AFFIDAVIT FISHERS ISLAND WINDSWEPT PROPERTIES LLC & ROSALYN DRISCOLL OF (Name of Applicants) MAILINGS CTM Parcel #1000- 9 - 11 - 9 .2 -------------- - ------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Susan E. Young residing at 215 West 88th Street, New York , New York, being duly sworn, depose and say that: On the 12th day of se t . , 2006, I personally mailed at the United States Post Office in Flsli ers Island , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a-true-'copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current_ assessment roll verified from the official records on file with the (X) Assessors, or ( )- County-Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicants property.- (Si na Sworn to before me this fUIICFlAEt ROBERTS 12th day of Sept er200 6 Notary Public, State of NGvf York No. 31-4732348 ®uallfled In New York county otary Public) commission Expires June 30, 2001.. PLEASE list, on the back of this Affidavit or on a sheet of_paper, the lot numbers next to the-owner names and addresses for which notices were mailed. Thank 9-11-7-12 : Webster_ Bank National,'' PO Box, 191, Waterbury," Ct.- 06720-0191 9-11-7-13 : Gunther -Strothe & Lucinda Herrick, 108 Eaton Place, ,London SWIX8LR UK 9-11-8 .1: Atwood & Cynthia Collins III, 100 Harborview Crive; Apt. 901 Baltimore, Md.21230-5422 9-11-9 .3 : Sarah F. Russell, PO Box 014 Hadlyme, Ct. 06439 PostalUS m (Domestic MaH Only;.No Insurance Coverage Provided)' 117 S (� p�p� 0 F O C •O L l M Postage $ r✓� ��S I S4-1 MO Certified Fee CO �Q Postmai M � '�O Retum Reciept•Fee C He Z (Endorsement Requred) - Q M Restricted Delivery Fee 2006 —0 (Endorsement Required) 06390 Total Postage&Fees L$ S e p Sent o !, )eb�,�eU --n � �--------------- N Street,Apt No. cor PO Box No. (J riy sreda;zia+aer b JC----JjLqwQ&�,, vi See Reverse for Instructions, lnJ . U.Sa Postal Service,. CERTIFIED MAIL. RECEIPT 0 frl (Domestic Mail Only; Er For deliver ,y information visit our website at www.uspsxorrig � IF0C0 A L mPostage $ t $� ��RS 1,34� CO Certified Fes D,L(p Po .m t r.p (End orsement t Fee . Q C Z Required) O Restricted Delivery Fee D (Endorsement Required) 06390 r-q Total Postage&Fees is Q Sent To -------------------- --------------- f` Street,Apt No.; or PO cFry sr�e`ziP 1 - CA CD6 y, PS Form :., Juned002 ■ , ■ . ■ ■ ro frl Only; m Postage $ S Certified Fee C� �O M Retum Re al Fee t�� P�� (Endorsement Required) z O Restricted Delivery Fee "C .0 (Endorsement Required) DD� Toted Postage&Fees 063 9 Q p Sent To O \�, arPOSoxNo. Q � �l_c _Y_1. -9v� _______________ ___-._ .. JL_____.___ Cr"te,ZIP 4 (^ 2.1 NnN) r OA 491;�S li.PS Form :0r June 2002 o Handling $ Return $ QQ+� 1. �� Z E 0 Charge Receipt V�J 8 -� L) c Postage $ Restricted $ 2�Q� m; .55 Delivery � m Received by / o�estic nce u to" $25, 1 the fee. Customer Must Declare With Postal International Indemnity Insurance. Is limited Full Value $ Without Postal (See Reverse) a Insurance a a E `o `l 0 v« a Q e • f m5m u o`m y y c m Vim, Eo y 0 1 C O W _ Own k PS Form 3806, Receipt for,Registered Mail Copy I-Customer June 2002, (See Information on Reverse) For delivery information, visit our website at www.usps.com 0 P9/05/2006 10:18 6317659064 ZBA PAGE 03 0 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,SEPTEMBER 28,2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the fallowing public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Halt, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY.SEPTEMBER 28,2006: 2:00 P.M. FISHERS ISLAND WINDSWEPT PROPERTIES,LLC and ROSALYN DRISCOLL#5883. Request for a Special Exception under Article III,Section 100-31B,sub-section 13 of the Zoning Code to establish Accessory Apartment, to establish an Accessory Apartment in the existing dwelling located at 1877 Heathulie Avenue,Fishers Island;CTM 1000-9-11-9.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at(631)705-1809,or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: September 5,2006. ZONING BOARD OF APPEALS RUTH D.OLIVA, CHAIRWOMAN By Linda Kowalski E Town of ---.rvJtho:ld ZBA> , r Q App:,,Names ;_Q.°-fax,Map Fi(e No. j II s- �Qw� � :-Boerd�Member ]ames Dinizio ,r❑ SearcF►: j'r d F °e 3 �= Unliste Other ` aringTime• 11.12PM- File;Number: 5883 Tax,Map; %-11-9.2 App.:Name: Windswept Rroperties-Driscoll Redived Date: Tot.` ees: 0.0 _ A. 00 p Hamlet Fishers Island :.Tye: D Residential Zone R-80 4/6/2 - M . ate forwarded to Town Clerk Status: Hearing Closed `iAction: Meeting Dates- Building-Dept. Location, 1877 Heathulie Avenue Meeting`Date„ . :NO Date 1�.:_ f 9 Hearing Date i; /25/2006 N�3-Date 2 =- _ Snort,•, Special Exception; designate existing win of house 9 9 9 .: Desc.: accy apt. 100-316(13) or var. for one yearround .Hearing D6te.2 ND,Yate 3 i :c°py=tl kitchen in the house. _ ing _ D.' e4Hear o NDat � See Bldg Insp letter referring for Spec Exc (in Hearii�grpate 4 Nb Date'5 Notes ;.w,- error). No yearround kitchen now and cannot Hearing Date 5 ND Date 6 �,r_, reside yearround if it's a summer historical kitchen. Action e. V ,u• t-= is Act'_ _ Date:. ND Dat '7 ,6/29/2006 2;21,FM CR{�S NUI�t _ Developed by the:southold:Town.Data Ptgcesting Department' g c.- 0 z� RECFP1F:0 MAY 1 r_?006 ZONING BOARD OF APPEALS ZONING BARD OF APPEALS TOWN OF SOUTHOLD_NEW YORK In the Matter of the Application of AFFIDAVIT FISHERS ISLAND WINDSWEPT PROPERTIES LLC & ROSALYN DRISCOLL OF (Name of Applicants) MAILINGS CTM Parcel#1000- 9 - 11 - 9.2 x COUNTY OF SUFFOLK) STATE OF NEW YORK) ( Susan E. Young residing at 215 West 88th Street, New York , New York, being duly sworn, depose and say that: '1 _I On 1�th day of Ma , 2006, 1 personally mailed at the f Fishers Island , New York, by CERTIFIED United States Post office in of the attached L el MAIL, RETURN RECEIPT REQUESTED, a true copy e9 ers shown on the current Notice in pre paid envelopes addressed to current own assessment-caill verified'fcom the official n3obrds on file with the ( j Assessors, or for every County'Real-_Property-Office properly which abuts is across,a public or private street, cir vehicular right-of- and . way-of record,surrounding the applicants property. (Sig Sworn to before me this 200 6 miCHAEL ROBERTS 12 thday of May Notary Public, State of �Isvl yoft No. 31-4732348 Qualified in New York County Notary Public) Commission Expires June 30. 200 .. PLEASE list, on the,back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 9-11-7-12: Webster Bank National, PO Box 191,, Waterbury, :Ct. `06720-0191 _ 9-11-7-13: Gunther Strothe '& Lucinda Herrick, 108 Eatov-Place, -London SWIXSLR,UK 9-11-8.1: Atwood_'&, Cynthia Collins LIII',- 100 HarborviewtlCr.ive, 4pt1901 _ Baltimore, Md.21230-5422 9-11-9.3: Sarah F. Russell, PO Box 014 •Hadlyme, Ct. 06439 - a-�� uS '�`z� ti PostalyJd� O MAIL. Reg.Fee (ij� /SHY ttiJ nl.y;NOlnsuranc2�C!� . . i 'L 3 � r�i1 e° • Handling Return �e Ic U 1 Charge Receipt F• �� A m g Postage Restricted N q Eo t �Q Delivery 06390 Q 5 �� r=lPostage $ i •�µ� ��P �IAY �° m Q. Received Domestic Insurance up to m a $?5,6001s included in the fee. O Card ied Fee e S2 posh* �� ~m Customer Must Declare With ra Postal International nddemn4 U- Full Value $ Return Radept Fee [ HD� t1 Without Postal (Sea Reverse) 17 (EndorsemertRequired) ` �vJ Insurance' Restricted Delhre WFIs��r1 �§ry Fee m U S E -0 (Endorsement Required) 063gO . ru , r rU Tow Postage&Fees $ ;�• m �tJc✓i31I� JQU vL 6 rn wes FSen, o ° �-_------__--------- i. sLLorpo m a ZZ t - J te' Luaun� F�Ftry i cis �u - SrtP.o�tt amm Eerie m 0 1 N C m f— a 'PS Form 3606, ecei�2t for Registered Mail Copy I-Customer May 2004(7530-02-000-9051) (See Information on Reverse) For domestic delivery information,visit our website at www.usps.Com Postal-Service • a CERTIFIED MAIL, RECEIPT ra (Domestic Only; . . .• . ° xr I, (Domestic Mail Only;No Insurance CbVeraae Provided) -111111 Litmsp � informationFovdelivery � s.c.E F � a Postage S c � Q,s 1Scgti al Fe Paste $ C3 Certified Fee `` �� Na� 0 Certified Fee P48* O a P z E3 Retum Recept Fee C'- UL. Retum Recept Fee .� C3 (Endorserent Required) C3 (Endorsement Required) C3 Restdded Delivery Fee ��6 -a (ER�e a sin nt R a 1 d) 063 90 „D (Endorsement Required) ru ti c-- 06390 tv Total Postage&Fees $ , rU Total Postage&Fees $ m Q O Sent To O Sent To JQY^rR F- kU Ss�< N srree�apiriro�'....�._--------- 4��1 ��SQf:��� � 'sirr�tinnanto.;�-PO--------"--3ox arPOBmrNo p "Poliaxivo. 10-A cy,%ie,ZIP+`a-!� _t3o _I _ Gr- 061720-Ur91 {adlyr,�e , C-r- O(ag 3 t,t�at� by ,� tons F, ti' � 5la�d0 Pi" Notice of Disapproval concerning pro- line. Location of Property 4006 Old family dwelling,with new construction posed additions/alterations to the exist- North Road, Southold; CTM 55-2-5.2 at less than the code-required 10 ft.min- ing dwelling at less,than 50 feet from and 5 3 imum side yard,and less than the code /,' the front yard lot line,at 570 Horseshoe ' 11:00 A.M. THOMAS PERILLO required munmum of 35 feet from both Drive,Cutchogue;CTM 95-4-18.20. #5879. Requests for Amended Variance front yard lot Imes,at A60 Bailey Beach 10 05 A.M. KEVIN and VIRGINIA (referring to ZBA Decision#2582 dated Road,Mattituck; CTM 99-3-11.19. / COTTON #5896. Request for Vari- 9/6/1979) and Variance under Sections 130 P.M. BENEDICT POLLIO ances under Section 100-244,based on 100-30A.3 and 100-244 (Bulk Sched- #5889. Request for a Variance,based the Building Inspector's April 5,2006 ule),based on the Building Inspector's on the Building Department's April 4, Notice of Disapproval concerning pro- December 12, 2005 Notice of Disap- 2006 Notice of Disapproval concern- posed additions/alterations to the exist- proval. Applicant proposes to re-locate ing an addition to an existing dwelling. ing dwelling at less than 35 feet from the the access right-of-way from the west The reason for disapproval is that Sec- front and rear yard lot lines,less than 25 side to the east side of Lot 17.2,result- tion 100-31A states that "no building feet for combined(both sides required ing in the proposed change of lot line or premises shall be erected or altered at 10 ft.and 15 ft.minimum),and with and new nonconforming front yard set- which is arranged,intended or designed lot coverage in excess of the code's 20% back from the existing dwelling to the to be used,in whole or in part,for any hnutation. Location of Property: 825 easterly front yard line at less than 40 uses except...(1)One-family detached Dogwood Lane,E -;CUM 54- feet on this 22,457 sq.ft.parcel. After dwellings,not to exceed one dwelling on 5-33. the lot line change and excluding the each lot. The new construction is pro- 10.15 JEANINE O'HAGEN-MUR- proposed land exchange of the 15 ft. posed on a lot which contains more than PHY#5890. Request for Variances un- wide right-of-way, the nonconfornung one dwelling Location of Property:445 der- (a)Section 100-31A states that"no size of CTM Lot 17.2 will remain at Kimogenor Point Road, New Suffolk; building or premises shall be erected or 22,457 square feet,and nonconforming C'I M 117-10-1. ` altered which is arranged,intended or size CTM 17.1 will remain the same, 1:35 P.M. ARLENE and PETER designed to be used,in whole or in part, except that the ownership of the 15 ft. MANOS#5891.Request for a Variance LEGAL NOTICE for any uses except ... (1) One-family wide right-of-way will change when under Section 100-239 4A,based on the PUBLIC HEARINGS etached dwellings,not to exceed one relocated with 17.1 (instead of part of Building Department's March 28,2006 SOUTHOLD TOWN ZONING dwelling on each lot; and (b) under 17.2). Location of Property: 1410 Pe- Notice of Disapproval,amended April BOARD OF APPEALS Section(s) 100-2421100-243 pertaining conic Bay Boulevard,Mattituck; CTM 11,2006;concerning a request to amend THURSDAY,MAY 25,2006 to nonconforming setback and noncon- 145-2-17.2 and 17.1. Building Permit#31508-Z;after demol- NOTICE IS HEREBY GIVEN,pur- forming number of dwellings on a lot 11:20 A.M: -FISHERS ISLAND ishing the dwelling and building a.new suant to Section 267 of the Town Law The applicant is proposing renovations/ WINDSWEPT PROPERTIES, LLC dwelling. Demolition of the construc- and Chapter 100(Zoning),Code of the alterations to the existing dwelling,on and ROSALYN DRISCOLL #5883. tion was not requested by Applicant Town of Southold,the following public a lot which contains more than one Request for a Special Exception under under Building Permit No. 31508-Z hearing will be held by the SOUTH- dwelling, and was disapproved by the Article III,Section 100-31B,sub-section and ZBA Variance #5730 (which was OLD TOWN ZONING BOARD OF Building Inspector on April 20,2006, 13 of the Zoning Code to establish Ac- for a two-ft.porch extension).The new APPEALS at the Town Hall, 53095 and amended Notice of Disapproval cessory Apartment,to establish an Ac- dwelling will be located less than 100 Main Road,P.O. Box 1179, Southold, issued May 9,2006. Location of Prop- cessory Apartment in the existing dwell- feet from the top of the bluff or bank of New York 11971-0959,on THURSDAY, erty:4250 Breakwater Road,Mattituck; ing located at 1877 Heathulie Avenue, the,Long Island Sound,at 2000 Sound MAY 25,2006: ' CTM 106-9-1.1. Fishers Island;CTM 1000-9-11-9.3. Drive,Greenport;CTM 33-1-18. 9.35 A.M:JAMES CURRAN#5795 10:25 A.M. PAUL and CHERYL - .11:30 A.M. ANDREW LOWRY, The Board of Appeals will hear all -Request for a Variance under Section RAGUSA#5897 Request for a Vari- MANAGING MEMBER/343 EAST persons,or their representatives,desir- 100-33,based on the Building Inspec- ance under Section 100-231,based on 18TH STREET #5860. Request for ing to be heard at each hearing,and/or tor's July 28,2005 Notice of Disapproval the building Inspector's February 28, Variance under Section 100-244,based desiring to submit written statements concerning the location of an as-built 2006 Notice of Disapproval concern- on the Building Inspector's March 23, before the conclusion of each hearing. accessory shed in a front yard,instead of ing fence construction in excess of the 2006 amended Notice of Disapproval, Each hearing will not start earlier than the code-required rear yard,at 680 Oak- code's four ft.height limitation when lo- concerning construction of a new dwell- designated above.Files are available for wood Court(at Wood Drive,Lakeside cated in the front yard,at 2700 Harbor ing at less than 40 feet from the front review during regular business hours If Drive),Southold;CTM 904-4. Lane,Cutchogue; CTM 103-1-20.8. yard lot line (after demolishing the you have questions,please do not hesi- 9:40 A.M. JAMES BISSETT III 10:35 A.M.ROMANELLI BROTH- existing dwelling). (No alterations or tate to contact our office(631)765-1809, #5894. Request for a Variance under ERS,LLC by John Romanelli,President changes to the nonconforming acces- or linda.kowalski@town.southold.ny.us. Section 100-33A,based on the Build- #5880. Request for a Special Exception sory cottage are proposed.) Location Dated: May 9,2006. ing Inspector's March 16,2006 Notice under Section 100-71B(3) to establish of Property: 115 East Side Avenue, ZONING BOARD OFAPPEAI_S of Disapproval concerning a new horse an Apartment use over the first floor Mattituck; CTM 99-3-19. RUTH D OLIVA,CHAIRWOMAN barn proposed at a height exceeding business office use in this RO Residen- 11:40 A.M. FRANCIS W.and NAN- By Linda Kowalski the code limitation of 18 feet,at 55 Cox tial Office Zone District,at 51750 Main CY DEEGAN#5892.Request for Vari- _7868-1T 5/11_ _ Neck Road, Mattituck, CTM 113-7- Road,Southold;CTM 63-64 ance under Sections 100-242(Walt In- 19.23. ' 10:40 A.M. RICHARD PERRY terpretation#5039 rendered 112/02)and 9:45 A M.STEPHANIE MIRITEL- #5886. Request for a Variance under 100-244 concerning additions to the ex- LO #5849. Request for a Variance Sections 100-30A.3 and 100-242 (Walt isting dwelling,which will increase the under Section 100-242A,based on the Interpretation #5039 rendered 1/2/02), degree of nonconformance when locat- building Inspector's January 6, 2006 based on the Building Inspector's Feb- ed less than 15 feet from the side yard Notice of Disapproval,concerning"as ruary 6, 2006 Notice of Disapproval lot line,at 500 North Drive,Mattituck; built alterations to an existing noncon- concerning a proposed addition,which CI'M 106-6-28.4. forming accessory,seasonal cottage con- will increase the degree of nonconfor- 1:15 PM.SOTIRIOS KASSAPIDIS taining 520+/-square feet of floor area. mi when located less than 50 feet from #5888 Request for Variances under The reasons stated for disapproval are: q (1) that the existing seasonal accessory the front yard lot line,at 830 Clearview Section 100-230 and 100-244,based on cottage was altered to include heat and Road,Southold;CTM 89-3-11.5. the Building Department's March 7, to convert a sunroom to a bedroom, 10:50 RICHARD and SUSAN 2006 Notice of Disapproval regarding which.is not permitted under Section WARD #5867: Request for Variances a breezeway addition to an existing ga- 100-242A when alterations create a under Section 100-32(ref.Section 100- rage,at less than 10 feet from the side new nonconformance or increase in the 244 Bulk Schedule),based on the Build- property line(Building Permit#31420), degree of nonconformance, and (2) ing Inspector's July 5,2005 Notice of and with the swimming pool construc- that Section 100-31A permits only one Disapproval, amended March 2,2006, tion, all buildings and structures will single-family dwelling on•a lot,and the for lot sizes and side yard setback of the exceed the 20% code limitation of lot as-built alterations create a year-round existing dwelling resulting from a pro- coverage, at 3975 Breakwater Road, j accessory cottage. Location of Prop- posed change of lot lines (re-division Mattituck;CTM Parcel 106-3-8. erty: 3535 Cox Neck Road,Mattituck, of existing Lots 1 and 2). Each lot will 1:25 P.M. THOMAS and MARY CTM 113-3-31. remain nonconforming with less than FITZPATRICK #5880. Request for 10.00 A.M. LAWRENCE and ANN 80,000 square feet of land area and less Variances under Sections 100-242A EKSTER#5891. Request for a Vari- than 175 feet of lot width,and the side (Walz Interpretation -#5039 dated ance under Section 100-30A.3,based on yard will be less than 20 feet from tfie 1/24/02) and 100-244, concerning pro- the Building Inspector's April 11,2006 existing dwhlhng from the revised lot posed additions to the existing single- #7868 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, com encing on the 11 th day of May , 2006. Principal Clerk Sworn to before me this ,9-1 day of jig4�� 2006 C'kv� vot&-�N CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No, 01-V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 S 7 ' J +r J SUSAN E. YOUNG, ARCHITECT TRANSMITTAL TO FROM Linda K Susan COMPANY- DATE ZBA 5/4/2006 FAX NUMBER TOTAL NO OF PAGES INCLUDING COVER- RE- PHONE NUMBER ZBA File#5883 Rosalyn Driscoll and FI Windswept X BY MAIL ❑BY FAX ❑PRIORITY MAIL ❑ EXPRESS MAIL ❑ PICK-UP ❑BY HAND ❑ OTHER DATE COPIES DESCRIPTION 1 Copy of your Reply Form dated 4/5/06 for your reference 7 Special Exception Form signed by owner(Original plus 6 copies) 7 Current Deed 7 Resident Occupancy Statement(Original plus 6 copies) 0 Applicant's Project Description amended 1/06 Included in original application(See Exhibit 3,the 4`h Page) 9 Rough Diagram showing building height data, square footages showing areas of owner as resident's living area, and bedrooms, #of Kitchens and elevations of addition showing dimensions and height. Supersedes Exhibit 8 drawing) 2 Additional Copies of original application REMARKS: Respectfully submitted, please find the missing information listed in your reply to our application dated 4/5/06. Let us know if you need anything else. Thank you, Susa E.Y n 215 WEST 88 1 HSTREET, APT 6H, NEW YORK, NY 10024 PHONE: (212) 724-7204 / FAX: (212) 724-9779 E-MAIL: SUYOUNG@RCN.COM ZMA PAGE 05 1r SOUTH OLD TOWN ZONING BOARD OF APPEALS Phone(631.)765-1849 Fax(631)165 9064 Instructions for Accessory Apartment O $pedal]Exception Application Please submit seven(7)collated sets with the ORIGINAL SIGNED SEA'an top of the following: Q101following pplication Fotm typed or neatly printed/lr our application will be read during the hearing.) include ` - information: if a. House No.,andStreet,Hamlet,Subdivision Name and Subdivision Lot Number 9if any), County Tax Map District,Section,Block,Lot Numbers. b. Please indicate Zone District(frow Town Zoning Map), c. Please include current owner's name and address(if different from applicant). If applicant is not one of the owners,you much furnish written authorization to act as the owner's agent, and written Disclosure showing your interest and any others,in the subjectproperty. 2. At a date in the near future,you will receive a letter asking that the next step for"Notice to Surrounding Property Owners"under Ch.59 of the Town Code be followed. You may wish to confmn current landowners'mailing addresses according to the assessmcnt/tax records(located either at the County Centex Real Estate Office in Riverhead,or Southold Town Assessors Offices. The list of names should include landowners(vacant or improved land)located across the street,right-of-ways,and ,positie all sides of your property. 3, Plcase submit one copy of your Certificate of ,cu an of existing land and structures issued before.— anuaurv_J. 1 84 togcther with vopy or the erns nt Deed of the--wises showing proof of owners.ramie 1 �owner mnstxeside in the principa c er ecessory Apartment is establisheda aL Ltr"tx�.,! ii!�� ljo AA 4. An original and six prints(total 7)of building friarso€existing swelling drawn to scale and signed by�ta t�te preparer showing: � a squaEe footage of dwellitg 11oor areas;and I"�- '�yQ" ` =' b. livable floor area of proposed apartment(xaust be not less than 450 sq.R and not more that. ���MY& o^' 401A of existing dwelling floor area);and C. Apartmerds may not be added to separate buildings as in ep ags d must be the main dwelling, + d. if cottages or separate rentals exist on the cp property,please furnish copies of C.0.s for all structure&. 5. Original and six(6)prints(total 7)of available survey showing all setbacks of existing structures and uses ofall structures,tpgether with parking area with at least three spaces(minimum;size 9 R.x'l g ft for each space). 6. A$400.00 filing fec(payable to Southold Town Clerk). Please either mail or drop off your application forma. Your Iu ing receipt will be mailed later to you after review and acceptance by ZBA representatives. After reviewing your documentation,notification will be sent to you by mail or fax confirming the expected date and time of the public hearing(at which one property owner-resident most attend). A notice for posting of the hearing date will also be available for pick up about 2-3 weeks before the hearing. ZBA office may call for an appointment to see the layout of your home. Please be aware that ar,Accessory Apart=tt Pexnait is not transferable>to a future owner,and the future owner must reapply. An annual renewal inspection is required by the Building Department. Please feel free to call either 765- 1909 or the Building Dept.At 765_1g02 if you have any questions concerning these procedures, 9101;Rev,2/06 PAGE 01 OFFICE OF ZONING.BOARD OF APPEALS Mailing Address. 63095 Mein Road,P.O.Box 1179 Office Location: Town Annex.•NFB Building,94375 Main Road at Youngs Avenue Southold,NY 11971-0969 Entails: Llnda.Kowalski&Town.Sauthold nv us Javne.Martin®7own.Southold nv us Lucille.Cappabianca(raTown Southold nv us (631)765 1B09(ext.S012,5011) http://southoldtown.noRhfo ax(631)765-9064 DATE: REPLY FORM TO: Fax ZBA File Date of Building Inspector 0 The application Is Incomplete for the reasons noted below. Please furnish seven(7)sets of the following by mail or by hand delivery. Thank you. ( )The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review. If an amended Notice of Disapproval is Issued,please fumish seven(7)copies with a cover letter confirming that the amended relief that is being added or revised in your request for varlance(s). Thank you. 00) Missing InformaVon(,&e,&ft..) OTHER/INFORMATION REQUES MTh eoverRransmittalaheet when submtttn ►: ( ) Filing fee is$ Amount due(please mail): Amount paid was: ( ) Available survey showing existing property/building details,with licensed surveyor information.. f } Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines,and building lot coverage calculations. � g 9 l g v 4u-tinah/ aQ,a i,P Is �uP1�� (`�' '�oa diagram o s e�C ah •th buy �n eight data( o stories and distance ont o of ridge (and mean height, ff known • 9 nd to zp a:. construction. )+ ( ) elevatlon from all sides; ( ) landscaping in area of f } Letter confirming status and date of review by other involved agencies for presubmission � comments,or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23,1957 (Zoning Section 10o-23D11),and anno veds ating back to creation of original lot lines'far the property In the unmerger request. C.. Thank you. ���• ��� l OFFICE OF ZONING BOARD OF APPEALS ( Mailing Address: 63095 Main Road, P.O. Box 1179 Of ice Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue � Southold, NY 11971-0959 Emails: Linda.Kowalski(aD-Town.Southold.ny.us Jayne MMartin(a)Town.Southold.ny.us Lucille.Cappabianca(a)-Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 (ext.5012, 5011) fax(631) 765-9064 DATE: ep REPLY FORM �8 TO: Fax# 7 a�977 ZBA File#Imlp?) - _ (Date of Building Inspector M) The application is incomplete for the reasons noted below. Please furnish seven (7)sets of the following by mail or by hand delivery. Thank you. ( )The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. 00) Missing information =7set �R OTHER/INFORMATIONREQUEST lover/transmittal sheet when submitting): ( ) Filing fee is $ Amount due(please mail): Amount paid was: ( ) Available survey showing existing property/building details,with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines, and building lot coverage calculations. `fan � s�,aurt-r� o%ect.a�g6� t -�. Rough diagram/or sketch lith builcTi"n' eight data (#of stories and distance from ground to op I, S of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of (\,� construction. I o,t5 ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and ies�ofd edsdating back to creation oaf original lot lines�crt h property in the unmerger request. l� Thank you. p� � �L�- 4 t. SOUTHOLD TOWN ZONING BOARD OF APPEALS Phone(631)765-1809 Fax(631)765-9064 Instructions for Accessory Apartment Special Exception Application Please submit seven(7)collated sets with the ORIGINAL SIGNED SET on top of the following: QelApplicatio n Form typed or neatly printer (`dourappliation c will be read during the hearing.) Include following information: ��/ a. House No., and Street,Hamlet,Subdivision Name and Subdivision Lot Number 9if any), County Tax Map District, Section,Block,Lot Numbers. b. Please indicate Zone District(from Town Zoning Map). c. Please include current owner's name and address(if different from applicant). If applicant is not one of the owners,you much fiumsh written authorization to act as the owner's agent, and written Disclosure showing your interest and any others,in the subject property. 2. At a date in the near fixture,you will receive a letter asking that the next step for"Notice to Surrounding Property Owners"under Ch. 58 of the Town Code be followed. You may wish to confirm current landowners'mailing addresses according to the assessment/tax records(located either at the County Center Real Estate Office in Riverhead, or Southold Town Assessors Offices. The list of names should include landowners(vacant or improved land)located across the street,right-of-ways, and 03. posite all sides of your property. Please submit one copy of your Certificate of Occu ancy of existing land and structures issued before uary 1, 1984,together with copy of the current Deed of the} raises showing proof of owners. The _ owner must reside in the principaIawe i a er tE-e �ccessory Apartment is established4L,cL u , ( 4. An original and six prints(total 7)of building plans of existing swelling drawn to scale and signed by � the preparer showing: n a. square footage of dwelling floor areas; and b. livable floor area of proposed apartment(must be not less than 450 sq.ft. and not more than 40%of existing dwelling floor area);and c. Apartments may not be added to separate buildings and must be in the main dwelling. d. If cottages or separate rentals exist on the property, please furnish copies of C. O.'s for all structures. 5. Original and six(6)prints(total 7)of available survey showing all setbacks of existing structures and uses of all structures,together with parking area with at least three spaces(minimum size 9 ft.x 18 ft.for each space). 6. A$400.00 filing fee(payable to Southold Town Clerk). Please either mail or drop off your application forms. Your filing receipt will be mailed later to you after review and acceptance by ZBA representatives. After reviewing your documentation,notification will be sent to you by mail or fax confirming the expected date and time of the public hearing(at which one property owner-resident must attend). A notice for posting of the hearing date will also be available for pick up about 2-3 weeks before the hearing. ZBA office may call for an appointment to see the layout of your home. Please be aware that an Accessory Apartment Permit is not transferable to a fixture owner,and the future owner must reapply. An annual renewal inspection is required by the Building Department. Please feel free to call either 765- 1809 or the Building Dept.At 765-1802 if you have any questions concerning these procedures. 9/01;Rev.2/06 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK Phone(631)765-1809 (631)765-9064 ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION Application No. Date Files: TO THE ZONING BOARD OF APPEALS, SOUTHOLD,NEW YORK: I(We), of Parcel Location: House No. Street Hamlet SCTM 1000 Section Block Lot(s) Lot Size Zone District hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE ,SECTION ,SUBSECTION for the below-described property for the following uses and purposes: as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest: is(are)the owner(s)of property known and referred to as (House No., Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000,Section ,Block , Lot ,which is(is not)on a subdivision map(Filed "Map of " Filed Map No. ), The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. In addition to meeting the standards prescribed by the zoning ordinance,the following requirements will be met: 1. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen hundred(1,600)square feet of livable floor area. (continued on page two) Application for Special Exception Page 2(continued) 4. The accessory apartment shall contain not less than four hundred fifty(450)square feet of livable floor area. 5. The accessory apartment shall not exceed forty(40%)percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street(on-site)parking spaces shall be provided as shown on the attached plan. 7. Not more than one(1)accessory apartment will be on this parcel. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building,except for access to the apartment,is made on the existing foundation as shown on the attached plans. 11. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise,the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one(1)year from the date of said demise,whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 1984,and attached hereto. 14. The existing building,together with this accessory apartment,shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. The property which is the subject of this application is zoned and [ ]has not changed since the issuance of the Certificate of Occupancy attached. [ ]has changed or received additional building permits,and Certificates of Occupancy for these changes are attached or will be furnished. COUNTY OF SUFFOLK) ss.. STATE OF NEW YORK) (Signature) Sworn to before me this day of ,20 (Notary Public) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: VI. Please describe the land contours (flat,slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Please submit seven ()photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered(area of requested changes). 7/2002; 2/2005; 1/2006 I ZONING BOARD OF APPEALSz`�' MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net May 3, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, May 25, 2006 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 13th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than May 18th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) Not Later Than May 18th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting, or mail it to us so that it is received prior to the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. N uTli. t errHLAKINU The following application will be heard by the-, Southold Town Board of Appeals at Town Hall, 53095 Main Road,- -Southold: NAME : WINDSWEPTIDRISCOLL #58,813 MAP # EE 9= 1 1 =9m2 Special Exception REQUESTNE Create Accessory Apartment DATE : THURS . MAY 251 11 :20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . B ONING BOARD-TOWN OF SOUTHOLD 765= 1809 OFFICE OF ZONING BOARD OFAPPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalsk!O-Town.Southold ny.us Jayne.MartinOjown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 viA FAX l ep — MEMO TO: S A S Q A look, T off DATE: eqI10& RE: -,7 /5 CPC d�3 - �c,'/0 5Co Ep/ Town o .57o tnoia' zea, O App. Name , Tax Ma O, File No.` • i II sEQwa Board, Member James Dinizio Search: ; Hearin Time: 1:12PM � Other 9' �._..��. File:Number: �883t Tax Map: App,-Name: Windswept Properties-Driscoll � �� tr Received Date: 4%5/2006,; Date forwarded to.Town Clerk; 4/6/2006 .Hamlet Fishers Island ,Type Residential Zone R-80 Status Action �' Meetirig Dates . o Building Dept:. , Location 1877 Heathulie Avenue -----� Meeting Date ^V� ND Date Short Special Exception; designate existing wing of house Hearing Date„ ND'Date ,', Desc,- , accy apt. 100-31B(13) Hearing bate ND.Date COPY (f ILA Hearing bate ND Date l: v. M Hearin gaDate ND Date `Notes H ri Date , ND Date eari g i -Action Date: . ND}Date .L^ L 4/6/2006 2:20'PMECAPs'„ NUM, ' D&elopedbythe'southoldTown,Data Processing Department y�� = Town of Southold-ZBA . I Y^ sEgwA O App. Name O Tax Map O File No. II Board Member jjames Dinizio Unliste Search: Other Hearing Time: 1 12 PM ............. I File Number: 5883 . Tax Map: 9.-11-9.2 App.-Name: `Windswept Properties-Driscoll ;; Received Date:r /5/ QQ6 Tot. Fees; $4Ql�.GDY i Hamlet Fishers Island==T e: JResidential Zone R-80 ', Date forwarded to Town Clerk 4/6/2006'. Status: ea ring Closed ! coon:. a Meeting Dates Building Dept. .._ r ... : . .— .. . m_ Location 1877 Heathulie Avenue Meeting Date ND Date 1 i Short Special Exception; designate existing wing of house _ ° Hearing Date 1 /25/2006; ND Date 2 Desc.: accy apt. 100-31B(13) : 3 Hearing Date 2 ND Date 3 ' 3.Copy I' Hearing Date 3 ND Date 4 Hearing Date 4 ND Date 5 N M ND-Date ' Notes Hearin.. � ' g Date 5 ND 6��` Action Date: ,w ND Date 7 w w= i' ! 6/21j2006 ,, 4:10 PM s CAPS NUM Developed by the Southold Town'Dais-Processing Departmeht' r I i