Do ADUs threaten Near Shore and Peninsula Overlay District?

An application to remove a property from continuing to be a part of the Near Shore and Peninsula Overlay District has become an issue of whether creation of that environmentally sensitive area was created accurately.

Shelter Island teacher and resident Lynne Colligan wants to create an accessory dwelling unit (ADU) in the basement of her house at 9 South Cartwright Road, currently listed as part of the Near Shore and Peninsula Overlay District (NSPOD).

Under current law, ADUs can’t be built in that district. Another issue Ms. Colligan’s property is smaller that it needs to be to accommodate an ADU.

Matt Sherman of Sherman Engineering & Consulting is representing Ms. Colligan and presented his case for why he pulled the initial request to waive the lot size  appeal. He opted instead to argue Ms. Colligan’s lot never should have been included in the NSPOD.

Among those who backed the argument was former Town supervisor Gerry Siller who, in his first term, was among those who created that district.

“I want to get things done,” Mr. Siller said calling the push to create the NSPOD a necessary effort in which some arbitrary decisions about where boundary lines should mark its boundaries should be determined.

His Town Board worked hard to create the NSPOD and wanted to get it defined and completed. Accordingly, to push the process through to completion, some properties that should not have been included were marked as part of the district.

“A lot of the Near Shore doesn’t make sense,” the former supervisor said. “It is arbitrary.”

Ms. Colligan’s property should be changed in recognition that it was inaccurately added to the NSPOD, others said.

To those who characterized Mr. Sherman as someone who would make any argument his clients needed, he offered his response: “I’m an engineer first and a permit expediter second,” he said. “There’s actual meaning in what we’re doing here,” he said.

He offered various statistics for how Ms. Colligan’s property meets standards of larger lot in terms of its well and septics, including the installation of an I/A Fuji system able to handle needs for a for-bedroom house.

Ms. Colligan lives alone with occasional visits from her two daughters, so having a single tenant in the house would not tax the septic system. Her well is deeper than many neighbors have and using an ADU grant of up to $125,000, she would be able to have the basement space adapted to offer a separate entryway to the apartment and other necessary adaptations.

But some who spoke at the hearing see it differently.

“This is an unprecedented application,” Stephen Jacobs said.

Approving the application would pose risks to area bays and creeks, pollution from septic wastes and algal blooms, he said.

More housing means more contaminants, Mr. Jacobs said. Two dwelling units on one small property would increase water use.

He didn’t stop there, saying owners of nearby properties are watching the case, ready to file their own applications for ADUs of she succeeds

“The Island isn’t what it used to be,” said Greg Toner, postulating developers are ready to jump in and start development in the NSPOD if this application succeeds.

Mike Gaynor argued in favor of releasing the property from being included in the NSPOD and allowing Ms. Colligan to have an ADU constructed. Housing is a national issue with rising costs, few will be able to afford to live on the Island soon, he said.

“This is about zoning, Bill Mastro said, pronouncing himself sympathetic to Ms. Colligan’s application.

Jan Sudol called the application “spot zoning”  and said the Town Board has allowed large houses exceeding the 5,999 square foot limit by code has been broken with huge houses being allowed.

David Lopez agreed the change would represent spot zoning and there was nothing special about situation about Ms. Colligan’s property that should make it eligible for removing it from the Near Shore district. To do so would require an expert to examine the situation and make a recommendation.

Kristina Lange said the arbitrary nature of the NSPOD demonstrates Ms. Colligan’s effort to remove her property from the district should be allowed.

Pam Demarest challenged others with data the Town has paid for in past years that demonstrates the issue is a process problem.

The Town Board needs to review a 2014 report from Nelson Pope Voorhis and other reports that provide data germane to the issue.

There are 143 garage accessory apartments in the Near Shore area, Ms. Demarest said. There are also 80 pool house deluxes in the area as well, she said. The area has an elevated chloride level above the40 mg per liter that are indicative of the uppermost boundary of the freshwater mixing zone, she said.

There’s also a need for the a full SEQRA environmental report before any change can be contemplated, she said.

After listening to others opposing her application, Ms. Colligan addressed those in the meeting room and on Zoom, saying she doesn’t appreciate her integrity being questioned.

She has lived on the Island for 20 years and been teaching all those years and said a lot of those who oppose her application never objected to houses that exceeded the allowable size.

Ms. Demarest objected to that, saying she has frequently objected to projects that resulted in large houses.

“I do not ever attack an applicant’ I attack an application,” she said.

After more than two hours, the Town Board debated whether or not to close the hearing or adjourn it.

Natasha Stowe told Board members she needed time to absorb all that was said during the hearing and wanted time to thank about it before she offered further comments.

Ultimately , the Board agreed to keep the hearing open with the expectation it will be reopened on July20