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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
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PROPOSED ACCESSORY APARTMENT 'MTH Tr-tE DECK AND SUNROOM
878 LIVABLE SQ. FT
.
,
N
--------16'-8"
IlALL
~HOTO 2 LOOK!NG SOUTrl
/
/
50'-0"
.
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/-PhO'-O 4 FOljNDA nON &
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/
MAIN HOUSE
2050 lJVABLE SQ " @ GROUND fLOOR
1207 liVABLE SQ. FT. @ SECOND FLOOR
'NA TER SER'JlCE
3257 UVA8lE SQ. FT. TOTAL
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ENCLOSED
PORCH/DINING
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PHOro 1 LOOKING NOR;;~
19'-0"
FIRST FLOOR PLAN
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LEGEND:
ACCESSOf!YAPARTMENT
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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
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DECK/SUN ROOM ADDITION: 563:!: SQ. FT. ADDITIONAL LOT COVERAGE
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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<-<, - ,.,
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,.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.':'" :,
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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.
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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
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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)
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..........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
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.
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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
~
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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.
.
"-
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--+ 'l-7'l? Type Roof /j ..
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OWNER VilLAGE DIST.
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COMM. CB. MICS. Mkt. Value
IMP.
TOTAL
DATE
REMARKS
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BUilDING CONDITION
NEW
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NORMAL
BELOW
ABOVE
Acre
Value Per
Acre
Value
Tillable
Woodland
FRONTAGE 0
DEPTH
BULKHEAD
Meadowland
House ~_
Total
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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
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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
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PROPERTY ~AP
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STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
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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 **