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HomeMy WebLinkAbout#8055 - Bostic ZBA application TOWN OF SOUTHOLD BUILDING DEPARTMENT Received SOUTHOLD,N.Y. AUG112025 NOTICE OF DISAPPROVAL Zoning Board of Appeals DATE: June 11,2025 TO: Hunter Kennedy (Bostic) 1437 King Street, Suite#5 Charleston, SC 29403 Please take notice that your application dated April 11, 2025: For permit: to construct an accessory garage containing an artist studio at: Location of property: 5305 Narrow liver Road. Orient NY County Tax Map No. 1000—Section 27 Block 2 Lot 2_3 Is returned herewith and disapproved on the following grounds: The Drowsed accesso structure containing,an artist studio on this conformin 292 324 s . ft. lot in e R 200 Uistrzct, is not a errnitted use arsuant to Article 11I. Section 2 0- 13 C . Authorized Stnature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE Heceived House No.5305 Street NARROW RIVER ROAD ;Hamlet ORIENT SCTM 1000 Section: 027.00 Block: 02.00 Lot(s) 002.003 Lot Size:�ACR ACRES n R-200 0" p Is I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 6/11/2025 BASED ON SURVEY/SITE PLAN DATED 4/9/2025 eceiP Owner(s): HENRY H. BOSTIC III AND AMBRIEL FLOYD BOSTIC Mailing Address: 246 WARREN STREET, BROOKLYN, NY 11201 AUG 112025 Telephone: 917-350-0396 Fax: N/A Email: HAWES.BOST�Ld qET&qh Appeals NOTE: In addition to the above please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: MARTIN D. FINNEGAN, ESQ. fear(X) Owner O Other: Address: PO BOX 1452, 13250 MAIN ROAD, MATTITUCK, NY 11952 Telephone: 631-315-6070 Fax: N/A Email: MFINNEGAN@NORTH FORK.LAW Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4/9/2025 and DENIED AN APPLICATION DATED 4/11/2025 FOR: (X)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280 Subsection: 13 C Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code,Article Section (X)Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal QO has, ( ) has not been made at any time with respeetto this propert ; UNDER Appeal No(s). 7777 Year(s). 2023 7934 2024 (Please be sure to research before completing this question or call our office for assistance) Page 2, Area Variance Application Revised 6/2023 REASONS FOR APPEAL (Please be speeijie,additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor orRa&9j;&% nearby properties if granted,because: SEE ATTACHMENT. AUG 1 1 2025 Zoning Board of Appeals 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: SEE ATTACHMENT. 3. The amount of relief requested is not substantial because: SEE ATTACHMENT. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHMENT. 5. Has the alleged difficulty been self created? { } Yes,or { } No Why: SEE ATTACHMENT. • Are there any Covenants or Restrictions concerning this land? {X} No { }Yes(please furnish a copy) • 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. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE� THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. ' Signature t" ;ppiicant or Authorized Agent (Agent must submit written Authorization from Owner) � Sworn to before me this —/1 day ANNALISE OUELLETTE NOTARY PUBLIC-STATE OF NEW YORK 0" August ,2025 No.01 OU6409457 -.. Qualified in Suffolk County Notary Public My Commission Expires 09-28-2028 ATTACHMENT TO AREA VARIANCE APPLICATION OFAUG 112025 HENRY AND AMBRIEL BOSTIC Zoning 3oar� �4' p�esNs REASONS FOR REVERSING/OVERTURNING NOTICE OF DISAPPROVAL: Henry and Ambriel Bostic (hereinafter collectively referred to as "Applicant") are seeking, by way of this appeal of the Building Inspector's Notice of Disapproval, dated June 11, 2025, for a building permit to construct an accessory garage with an artist studio and half bathroom, the reversal or overturning of said Disapproval and the granting of relief deeming the artist studio customary and incidental to the single family use on the premises. The subject parcel is a conforming 6.7 acre lot in the R-200 zoning district located on Narrow River Road in Orient. As depicted on the survey provided, the property is presently improved with a single-family residence, an accessory swimming pool and two accessory sheds. The property takes access off of Platt Road to the south over a driveway that will be extended to the proposed garage. The proposed accessory structure is entirely compliant to the bulk schedule. Ambriel Bostic has been a professional artist and designer for 30 years. She began her career as a costume designer and stylist for film and fashion before launching her own line of handmade fashion accessories, which sold worldwide. She later transitioned to creating a line of hand-printed textiles (Ambriel Floyd Home Textiles) that continues to be distributed by various North American interior design showrooms. She is prolific across mediums - sketch, painting, screenprinting, and sculpting. Her work has been featured in shows in New York and Los Angeles. She leads the In Kind Project, a non-profit that produces community art and theater projects in Brooklyn and on the North Fork. Ms. Bostic is also a talented poet with recent publications in MER and the Adroit Journal. She would like to continue to create art in her home on the North Fork. As such, the Applicant is seeking relief to create her own art studio with a half bath within the proposed accessory garage structure. The ZBA has determined in prior decisions that for an art studio/workshop use to be considered incidental to a principal use, it must be for the owner's personal use with no commercial or retail component. Reference is made to the Board's comprehensive Determinations in Wilson-Ryckmann (ZBA # 7454 dated 2/4/21) and Nardolillo (ZBA #7457 dated 2/4/21) wherein the ZBA set forth its code interpretation pursuant to Section 280-146(D) of the Town Code "to provide clarity about these two accessory uses and as to whether they are allowed in accessory structures." In these Determinations, the Board stated that: "Since neither a `work-shop' nor an `artist studio'is listed as an allowed accessory use, if it is to be considered an allowed accessory use, the Board would have to conclude that the use is `customary and incidental to the principal use'. which in both matters before the Board is a single- family residence. As set forth below, the Board has concluded that under certain conditions, both proposed uses should be considered customary and incidental to a single-family residence and therefore, allow (jceive accessory uses in accessory structures." AUG 11 7 f29 oning j3oai,d of Appeals 'Based on the sheer number of times this issue has been be�re the Board,. it would appear that this type of artist studio or workshop is customary use to a single-family residence." "In order for these uses to be considered incidental, they must maintain a personal and/or hobby aspect to them and not become a more commercial type of use." The ZBA went on to establish a list of elements and conditions that must be established for the Board to determine that these uses are customary and incidental to the principal use. For the following reasons, the Applicant respectfully submits that the proposed artist studio use is customary and incidental to the principal single- family residential use: 1. Such use is incidental to the principal residential use on the premises. The existing single-family residence is the Applicant's home and will remain as such. The proposed artist studio will be located in a portion of a conforming accessory garage to be constructed on the premises. 2. The artist's studio/workshop in an accessory structure is not rented to or used by anyone other than the property owner of the principal dwelling. The proposed artist's studio will be strictly for the Applicant's personal use. 3. No individual or group instructions, classes or demonstrations related to the production/fabrication of crafts/art works in the studio/workshop may take place on the property. No lessons or demonstrations will take place in the proposed studio space, 4. The property owner may not employ or engage unpaid assistance by any other persons(s) in relation to the production/fabrication of art/crafts in the accessory structure, The Applicant has no employees. The artist studio is proposed for the personal and private use of the Applicant. 5. There is no exterior effect at the property line such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. a4� The Applicants creation of works of art is not anticipated to create any adverse impacts to neighboring properties. The proposed location of the structure is in the northwest corner of the parcel abutting two large parcels, one of which i t rights sold farm land. p g g p �* 6. No display of products/art work/crafts etc. is visible to the stregG 1 1 2025 The subject premises is nearly 7 acres in size. The structure will be s­6*OUlJBV�gObR Appeals from the street and all artwork will be created, stored and/or displayed within the accessory structure. 7. No sales to the public are permitted on the subject property. No sales of any kind will take place on the subject property. 8. Plumbing in the accessory structure is limited to a half bath (toilet and sink) and a utility sink. As depicted on the floor plan provided, a half bath is proposed on the lower level of the artist studio. 9. Activities in the artist's studio/workshop in the accessory structure are limited to the production of crafts and works of art such as painting, sculpture, photography, ceramics, weaving/textiles, glass art (but not glass blowing), and personal woodworking/carpentry and auto mechanics on vehicles belonging only to the property owner. The Applicant's artistic endeavors will not include glass blowing and will be so limited to sketch, painting, screenprinting, and sculpting. 10. No sleeping or cooking is permitted in the accessory structure. Consistent with the Applicant's SCDHS approval, no cooking or sleeping quarters are proposed. 11. An accessory structure used as an artist's studio/workshop may only contain that one use in addition to non-habitable (unfinished, open rafters and stud walls) storage of general household items, garden tools and/or vehicles. The accessory structure will only be used as an artist studio and garage space. 12. An accessory apartment in the accessory structure is not permitted unless the artist's studio/workshop use is removed and a special eMP14OP025 permit is obtained from the Zoning Board of Appeals. No accessory apartment is proposed. Zoning Jr '"/Pp , tis 13. The following uses are not, by this determination, considered to be permitted uses in an artist's studio/workshop in an accessory structure, as defined herein and are prohibited: workout/fitness activities, recreational activities, and home offices (as defined in the Town Code). This application is for an artist's studio to be located in a portion of the proposed accessory garage. There is no gym or home office space proposed. By: Martin D. Finnegan, Authorized Agent Zoning Board of Appeals APPLICANT'S PROJECT DESCRIPTION APPLICANT: HENRY H.BOSTIC III AND AMBRIEL FLOYD BOSTIC SCTM No. 1000-027.00-02.00-002.003 Received 1.For Demolition of Existing Building Areas 5 Please describe areas being removed: N/A AUG 112025 Zoning Boara o' ppe ' H.New Construction Areas(New Dwelling or New Additions/Extensions): GARAGE ARTIST STUDIO Dimensions of first floor extension: Nl�q Dimensions of new second floor: Allh Dimensions of floor above second level: N/A Height(from existing natural grade):22' Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: NO III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: 4,521SF Proposed increase of building coverage: 1,325SF Square footage of your lot: 292,324SF Percentage of coverage of your lot by building area(lot coverage) 0.020% Gross Floor Area GFA of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): N/A For Residential lots, is project within the allowable Sky Plane?(Please refer to Chapter 280, Section 280-208 of the Town Code): N/A V.Purpose of New Construction:ACCESSORY GARAGE FOR STORAGE OF VEHICLES AND ARTIST STUDIO FOR PERSONAL USE BY APPLICANT. VI.Please describe the land contours(flat,slope %, heavily wooded, marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed: N/A Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Received A. Is the subject premises currently listed on the real estate market for sale? Yes X No IOU B. Are there any proposals to change or alter land contours? Zoning Board of AppeaiG X No Yes, please explain on separate sheet. C. 1.)Are there areas that contain sand or wetland grasses? YES 2.)Are those areas shown on the survey submitted with this application? YES 3.)Is the property bulk headed 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 BOARD OF TRUSTEES for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Board of Trustees: LETTER OF NON-JURISDICTION DATED 6/11/2024 If issued, please attach copies of your permit listing conditions of approval with a copy of the approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? YES E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? NO If any of the aforementioned items exist on your property, please show them on a site plan. F. Are there any construction projects currently in process on your property? NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe scope of work: N/A G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If none exist,please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes, please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. N/A I. Please list present use or operations conducted at your property, and/or the proposed use EXISTING SINGLE-FAMILY DWELLING;PROPOSED SAME WITH ACCESSORY GARAGE AND ARTIST STUDIO. J. (examples:existing single family,proposed:same with garage,pool or other) 8/ -7 /2025 Authorise si e Date M FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Received Town Hall Southold, N.Y. AUG 112025 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No Z-24207 Date MARCH 14 1996 THIS CERTIFIES that the building NEW DWELLING Location of Property 5305 NARROW RIVER ROAD ORIENT NY House No. Street Hamlet County Tax Map No. 1000 Section 27 Block. 2 Lot 2.3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 1501 1995 pursuant to which Building Permit No. 22825-Z dated JUNS 14 1995 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 A ONE FAMILY DWELLING WITH ATTACHED DECK THREE OPEN PORCHES AND TWO ROOF DECKS AS APPLIED FOR. The certificate is issued to MARTIN J. BANCROFT JR. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-95-0057 MARCH 1F 1996 UNDERWRITERS CERTIFICATE NO. MARCH 7 1996 PENDING PLUMBERS CERTIFICATION DATED MARCH 12, 1996 R013ERT VAN ETTEN R /,Xw Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD Received BUILDING DEPARTMENT Office of the Building Inspector AUG 112025 Town Hall Southold, N.X. Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No: Z-34428 Date: 07/02/10 THIS CERTIFIES that the building MINOR ALTERATIONS Location of Property: 5305 NARROW RIVER RD ORIENT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 27 Block 2 Lot 2.3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 7, 2009 pursuant to which Building Permit No. 35208-Z dated DECEMBER 10, 2009 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 DORMER ADDITIONS AND ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JEROME T MURPHY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A. ELECTRICAL CERTIFICATE NO. 12609 04 21/10 PLUMBERS CERTIFICATION DATED N/A - Autor zed Signature Rev. 1/81 MIA, Town of Southold 1/12/2022 P.O.Box 1179 115 53095 Main Rd Southold,New York11971 Received CERTIFICATE OF OCCUPANCY zoning Board of Appeals No: 42546 Date: 1/12/2022 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 5305 Narrow River Rd, Orient SCTM#: 473889 See/Block/Lot: 27.'-2-2.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/25/2018 pursuant to which Building Permit No. 42829 dated 6/29/2018 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: construct additions and alterations to existing single-family dwelling and to le line"as built"AC unit and, enerator as applied for. Corrected 1/12/2022 for pemit number onl The certificate is issued to Bostic III,Henry&Ambriel of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED l�Y Au iced nigilature IO C Town of Southolo, 3/26/2022 P.O.Box 1179 53095 Main Rd Southold,New York 11971 AUG 112025 CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No: 42952 Date: 3/26/2022 THIS CERTIFIES that the building ELECTRICAL Location of Property: 5305 Narrow River Rd., Orient SCTM#: 473889 Sec/Block/Lot: 27.-2-2.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 7/8/2021 pursuant to which Building Permit No. 46544 dated 7/8/2021 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: 300 am under ound electric service, The certificate is issued to Bostic III,Henry&Ambriel of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 46544 3/18/2022 PLUMBERS CERTIFICATION DATED Authorize d Signature Town of Southold 4/4/2023 P.O.Box 1179 jk 53095 Main Rd .4 Southold,New York 11971 Received CERTIFICATE OF OCCUPANCY AUG 112025 No: 43980 Date: 4/4/2 3 Appeals THIS CERTIFIES that the building SOLAR PANEL Location of Property: 5305 Narrow River Rd., Orient SCTM#: 473889 Sec/Block/Lot: 27.-2-2.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/10/2022 pursuant to which Building Permit No. 48065 dated 7/14/2022 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: roof-mounted solar panels to existing singlWfamily dwellingas a lied for. The certificate is issued to Bostic III,Henry&Ambriel of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ` ELECTRICAL CERTIFICATE NO. 48065 3/21/2023 PLUMBERS CERTIFICATION DATED A: " t'ri d .ature �Fl Town of Southold 7/22/2023 P.O.Box 1179 co 53095 Main Rd Southold,New York 11971 Received CERTIFICATE OF OCCUPANCY AUG 112025 Zoning Board of Appeals No: 44336 Date: 7/22/2023 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 5305 Narrow River Rd.,Orient SCTM#: 473889 Sec/Block/Lot: 27.-2-2.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/28/2021 pursuant to which Building Permit No. 46331 dated 6/2/2021 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: access in-around swimmin ool with spa fenced to code as applied for. The certificate is issued to Bostic III,Henry&Ambriel of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 46331 3/18/2022 PLUMBERS CERTIFICATION DATED Au raze � a�aT Town of Southold 7/22/2023 P.O.Box 1179 53095 Main Rd Southold,New York 11971Receiv(ad CERTIFICATE OF OCCUPANCY Zoning Board of Appeals No: 44337 , Date: 7/22/2023 THIS CERTIFIES that the building ADDITION/ALTERATION N Location of Property: 5305 Narrow River Rd., Orient SCTM#: 473889 Sec/Block/Lot: 27.2-2.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 4/28/2021 pursuant to which Building Permit No. 46330 dated 6/2/2021 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: additions and alterations including screened porches_with deck addition to existing single-family dwelling hied for. The certificate is issued to Bostic III,Henry&Ambriel of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 46330 8/29/2022 PLUMBERS CERTIFICATION DATED th rizo rtattre BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson fjf so 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. CA Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Southold,NY 11971 RECEIVED http://southoldtownny.gov �' -�-� �3 3:3�TV., ZONING BOARD OF APPEALS UN 2 0 2023 TOWN OF SOUTHOLD Tel.(631)765-1809 SOUth M To , CIO k FINDINGS,DELIBERATIONS AND DETERMINATION CI ive MEETING OF JUNE 15,2023 A U G 112025 ZBA FILE:#7777 NAME OF APPLICANT: Henry and Ambriel Bostic Zoning Board of Appeals PROPERTY LOCATION: 5305 Narrow River Road,Orient,NY SCTM# 1000-27-2-2.3 SE RA MR N: 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 steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25 and the Suffolk County Department of Planning issued its reply dated February 28,2023stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 22, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is INCONSISTENT with the LWRP policy standards and therefore is INCONSISTENT with the LWRP. The Board of Appeals has determined that the location of the two"as built"shed pose no imminent environmental danger as the Board of Trustees#2030C was approved for the"as built"shed permit #10366 on May 17,2023. The second shed is located outside the Board of Trustees jurisdiction. By granting area variance relief, thereby legalizing the "as built" sheds located in the front yard, this action can be considered CONSISTENT with the LWRP policy standards. PR—OPERTY FACT ES 'RI TION: The subject property is a conforming 6.71 acre or 292,324 sq. ft. parcel located in the R-200 Zoning District. The northerly property line measures 742.59 feet then dips southeasterly 231.58 feet totaling 974.17 feet,the easterly property line measures 230.22 feet and is adjacent to Narrow River Road,the southerly property line measures 858.50 feet and the westerly property line measures 348.11 feet. This property is considered a corner lot.The property is improved with a two-story frame dwelling with attached wood decks on the east and west sides of the dwelling. There is a fenced in-ground swimming pool located north of the dwelling with two"as built" 10 feet x 10 feet wood sheds located south of the residence.There is a 50 foot Right of Way with 25 feet on the applicant's property and 25 feet on the other side of the private road with two very large ponds(wetlands) located on the easterly portion of the property as shown on the survey map prepared by Howard W. Young, Land Surveyor and last revised November 15,2022. BASIS OF APPLICATION: Request for Variance from Article III, Sections 280-15; and the Building Inspector's December 15,2022 Notice of Disapproval based on an application fora permit to legalize two(2)"as built"accessory Page 2,June 15,2023 Received, 47777,Bostic SCTM No. 1000-27-2-2.3 AUG 112025 sheds at; 1) located in other than the code permitted rear yard; located at 5305 Narrow Rjr(5hiPtga"r&r1V bWpeals SCTM#1000-27-2-2.3. RELIEF REQUEST: The applicant requests a variance to legalizes two(2)"as built"sheds.The"as built"accessory sheds, on this conforming 6.71-acre lot located in the R-200 Zoning District, are not permitted pursuant to Article III, Section 280-15, which states accessory building and structures shall be located in the required rear yard. The sheds are located in the front yard ADDITIONAL INFORMATION: During the Public Hearing a neighbor stated her concerns that one shed was near the wetlands. The Southold Board of Trustees has granted a permit for that shed as they saw no problem or harm to the wetlands. A letter of opposition from the same neighbor was also received. FINDINGS QF FACT/REASONS FOR-BOARD ACTION* The Zoning Board of Appeals held a public hearing on this application on June 1,2023 at which time written,and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b b 71 . Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is a very large property,not visible to other properties, and contains h two very large ponds(wetlands)that cover most of the easterly portion. The subject lot is accessed by a private Right of Way off of Platt Road and is not accessible or visible from Narrow River Road.Much of the property surrounding the ponds are unbuildable for environmental reasons. The surrounding properties are also very large and neighbors are visually and physically separated which creates privacy from one lot to the other.The subject sheds can only be seen from the private Right of Way that is not heavily traveled. The applicant uses one shed for storage and one for garden tools. Sheds are not uncommon in the area and other properties have sheds that are visible from the street. 2. Town Law 267-bQ b 2 . The benefit sought by the applicant cannot be achieved other than an area variance. The house was built in the northwestern corner of the property,on the highest elevation and as far from the wetlands as possible. Since the property is considered a comer lot, bounded by Narrow River Road on the east and a private Right of Way to the south, accessed from Platt Road, the designated rear yard is very small and inconveniently located for the placement of the two as built sheds. Moreover, an in-ground swimming pool in the small rear yard leaves little to no room in which to locate the as built sheds.The storage sheds are located convenient to the driveway and planned garden location. 3. lown .Law 267--b b , The variances granted herein are mathematically substantial, representing 100% relief from the code. However,as stated previously,this property is considered a comer lot with two front yards and a very small rear yard based upon the placement of the existing house,making a conforming location for the sheds impracticable relative to the manner in which they are used. The existing location near the driveway,on an elevation that is lower than the house and at the same level as the existing driveway,is the most functional location. 4. Town Law 67w-b b 4 . No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 267-b b . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Page 3,June 15,2023 Received #7777,Bostic SCTM No. 1000-27-2-2.3 AUG 112025 I peals 6. Town Law 267-b. Grant of the requested relief is the minimum action necessary and aZ*Vfi 16%4 tl applicant to enjoy the benefit of two (2) "as built" sheds while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. USOLUTION OF 1HE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Acampora,seconded by Member ,and duly carried,to. GRANT the variances as applied for,and shown on the survey map prepared by Howard W.Young,Land Surveyor, last revised November 15,2022 and architectural drawings prepared by Spiro Anxhara, LPE,and dated January 10, 2021. SUBJECT TO TU FOLLO—WIM; COND—MO13NNS: 1. The two sheds shall remain unconditioned and uninhabitable with no plumbing. 2. If applicable,the applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals,or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 3. If applicable,the applicant must obtain a Certificate of Occupancy from the Building Department for the "as builtV' iprovement(s)and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of Occupancy in the time allotted. This approval shalt'not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. IMPORTANT LIMITS ON THE APPROVALS GRANTED!ERRfN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision,or work exceeding the scope of the reliefgranted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals Any deviation from the variances)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations,extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformides 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. TIM LRVJ11TS ON TEATS APPROVAL: Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Page 4,June 15,2023 AUG 112025 #7777,Bostic SCTM No. 1000-27-2-2.3 Zoning Board of Appeals Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1) year terms.IT IS THE PROPERTY OWNERIS RFSPON IB fl jT TO ENSURE COWLIA ICE WITH THE CODE REO ERED TIM LRAME DESC IBED HE Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy,nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). Les kanes Weisznsn, Chairperson Approved for filing / /2023 BOARD MEMBERS fl oIz Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes , Town Annex/First Floor, Robert Lehnert,Jr. `, , 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 RECrEVED ttp,//southoldtownny.gov S' ZONINt BOARD OF APPEALS RecGl" 'l TOWN OF SOUTHOLD AUG 112025 Tel.(631)765-1809 Southold Town Clerk Zoning Board of Appeals FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 15,2024 ZBA FILE:7934 NAME OF APPLICANT: Henry Bostic PROPERTY LOCATION: 5305 Narrow River Road,Orient,NY SCTM No. 1000-27-2-2.3. SEO'RA DATERMA'I"IN;: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type R category of the State's List of Actions, without further steps under SEQRA. FFOLK CQ_UNIY AD MI tg E CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. ' LWM DETERMINAD!QN The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. R PERTY F CRIP TI . The.su ject property is a conforming lot in are R-200 Zoning District. The property has a road frontage of 230.22 feet along Narrow River Road,then runs northwest for approximately 1,203 feet, then turns northeast for 348.11 feet then returns for approximately 974. 17 feet back to Narrow River Road. The property is improved'' with an existing frame residence, an accessary swimming pool and two small sheds all shown on survey prepared by Howard W.Young,LLS, last revised March 12,2024. BASIS fiP APPLICATIQN-: Request for a Variance from Article XXI11, Section 280-105D(4); and the Building Inspector's April 26,2024,Notice of Disapproval based on an application for a permit to construct a deer fence along the front yard of a residential property;at; 1)located in the front yard is not permitted;located at:5305 Narrow River Road,Orient,NY. SCTM No. 1000-27-2-2.3. RELIEF REQUESTED: The applicant requests a variance to construct a deer fence in the front yard where they are prohibited in front yards. ADDITIQNA—L,DM9M'ATiON: As per testimony at the public hearing,the property owner currently has a double 4-foot deer fence currently installed in the side yard. The agent described the proposal to attach a full-size 8-foot- high deer fence to the existing fencing on the property. There were several neighbors who spoke out against this application at the public hearing. I i• Page 2,August 15,2024 R e c e i e d #7934,Bostic SCTM No. 1000-27-2-2.3 " AUG 112025 1 CSDING OF FACTO MASONS FOR BOARD ACTION: Zoning Board of Appeals The Zoning Board of Appeals held a public hearing on this application on August 1,2024 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town.Law 267- 3 'b 1 . Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There is no active farming or crop production currently on the property to justify the proposed fence height. Neither is the proposed deer fence located at a principal front yard setback from the front property line. There are currently no deer fences in the immediate neighborhood in front yards. In addition,the installation of the proposed fence will result in deer being displaced from the subject property onto adjacent and nearby properties which will cause an undesirable change in the character of the neighborhood. 2. town Law 267-b,3 'b 2'.. The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue,other than an area variance. The deer fence could be installed in the side yards and rear yard where it would be legal and as of right and would enclose a large portion of the subject property. 3. Town Lawv 267. 3 b The requested variance is mathematically'substantial, representing 100 % relief from the code. Moreover,the applicant can use alternative locations,and lower fencing to achieve the goal of keeping deer off the section of the property with the house and accessory pool. 4. Town Law F267-b(3'lfblf4l. Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Adjacent neighbors expressed concerns over the displacement of deer onto their properties if the applicant constructed a deer fence on his,property in the non-conforming front yard. . _Town Law 267-b 3 b . The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the ,applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.. 6, Town Law 267- , Grant of requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deer fence in the front yard while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION DE 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 Member Lehnert,seconded by Member Acampora,and duly carried, to DENY as applied for, Vo Board: Ayes:M rnb rs Weisman(Chairperson),Dantes,Planamento,Acampora and Lehnert.(5-0) r Leslie Kanes Weisman,Chairperson Approved for filing /�� /2024 AGRICULTURAL DATA STATEMENT Received ZONING BOARD OF APPEALS TOWN OF SOUTHOLD AUG 112025 WHEN TO USE THIS FORM: This form must be completed by the applicant for any special u e peas permit, site plan approval, use variance, area variance or subdivision approva QAip0 Av llir1 an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: HENRY H. BOSTIC III AND AMBRIEL FLOYD BOSTIC 2, Address of Applicant:246 WARREN STREET, BROOKLYN, NY 11201 3. Name of Land Owner(if other than Applicant):N/A 4. Address of Land Owner:N/A 5. Description of Proposed Project:CONSTRUCTION OF ACCESSORY GARAGE WITH ARTIST STUDIO. 6. Location of Property: (Road and Tax map Number) 5305 NARROW RIVER ROAD ORIENT, Y 11957 SCTM#1000-027.00-02.00-002.003 7. Is the parcel within 500 feet of a farm operation? {X} Yes { } No 8. Is this parcel actively farmed? { } Yes {X) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS l #18.-6-14.9 (26160 ROUTE 25): KHEDOURI EZAIR, 931 MADISON AVENUE, NEW YORK, NY 10021 2. 3. 4. 5. 6. (Please use the- c of this ikliere are additional property owners) 8 / /2025 Signature of Appl m Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Short Environmental Assessment Form Received Part I -Project Information AUG 1J01,256 0 Instructions for Corn etin Zoning Bo rd of Appe 4s Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part o�the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: BOSTIC ARTIST STUDIO Project Location(describe, and attach a location map): 5305 NARROW RIVER ROAD,ORIENT, NY 11957(SCTM#1000-027.00-02.00-002.003) Brief Description of Proposed Action: CONSTRUCTION OF ACCESSORY GARAGE WITH ARTIST STUDIO.. Name of Applicant or Sponsor: Telephone:p 631-315-6070 MARTIN D.FINNEGAN, ESQ. E-Mail: MFINNEGAN@NORTHFORK.LAW Address: PO BOX 1452, 13250 MAIN ROAD City/PO: State: Zip Code; MATTITUCK NY 11952 1. Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ El may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes, list agency(s)name and permit or approval:TRUSTEES NON-JURISDICTION LETTER;SUFFOLK COUNTY HEALTH DEPT.SANITARY SYSTEM APPROVAL bLJ 3. a.Total acreage of the site of the proposed action? 6•7 acres b.Total acreage to be physically disturbed? 0.03 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 6.7 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban m Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? F-1 E b. Consistent with the adopted comprehensive plan? Heceied ' 1-1 ❑✓ 1 NO YES 6. Is the proposed action consistent with the predominant character of the existing built or n Q IJ n sQ�`? Zoning Board of Appeals E] Z 7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area. NO YES If Yes,identify: — FIZI FEI NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? Z c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed 1" ❑ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: El IZI 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: ._....... 11. Will the action connect to existing wastewater utilities? NO YES proposed If No, describe method for providing wastewater treatment: _ 12. a. Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for W archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? El Z b.Would the proposed action physically alter,or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on, ,r are likely to be found on the project site. Chi—all that apply: El Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional m Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal,or associated ha „ listed by the State or NO YES Federal government as threatened or endangered? � ceived Northern Long-eared Bat El IZI 16. Is the project site located in the 100-year flood plan? NO YES Zoning Board of Appeals 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? FVI El b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: STORMWATER DISCHARGE WILL BE CONTAINED PER CH.236 OF THE TOWN CODE. 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes, explain the purpose and size of the impoundment: Z El 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes, describe:: _ ✓ El I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: MA TIN D.F E_GAN,ESQ. Date: 8171,2025 Signature: Title:AGENT/ATTORNEY PRINT FORM Page 3 of") EAF Mapper Summary Report Wednes � August 6, 2025 4:29 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks Although the EAF Mapper provides the most up-to-date digital data available to R6,N "" DEC,you may also need to contact local or other data sources to confirm data provided by the Mapper or to obtain data not provided by AUG 11 2025 the Mapper. Suind = # xllo r , �Bam@ Zoning Board-,ot. Appeals a ,� � `d AflfiO rl I TO�ohib 1'1 i td fr rd Srjurces'i,tsri,HERS Garmin USGS, Irrtermap ll+fit& d Sources:Esri, HERE,Garmir, USGS, Interriap, INCREMENT P NP.Can Esri lapar METI'Esri t 4rfaq Esri lapan P.AETl:Esn Chira t,Hora d�r�ry �_ G etr0ap contnbutors„and �TNb p4 na;:Pti � �,Opers,tre kh1a� f r ay t r ar trr b China(Hvr,Kong,,Esri Kore Esn;Thailandi, N�CF, per-,kr GIS Uses Cortil i��,tj, U� � �A nY'ffl- Esn AERE, � � �a9 NIPS P Part 1 /Question 7 [Critical Environmental !No Area] Part 1 /Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13a [Wetlands or Other Yes- Digital mapping information on local, New York State, and federal Regulated Waterbodies] wetlands and waterbodies is known to be incomplete. Refer to the EAF Workbook. Part 1 /Question 15 [Threatened or .Yes Endangered Animal] Part 1 /Question 15 [Threatened or Northern Long-eared Bat Endangered Animal - Name] Part 1 /Question 16 [100 Year Flood Plain] Yes Part 1 /Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report Board of Zoning Apgeals Application Received OWNER'S AUTHORIZATION (Where the Applicant is not the Owner) AUG 112025 Zoning Board of Appeals We, Henry H. Bostic III and 246 Warren Street Ambriel Floyd Bostic residing at (Print property owner's name) (Mailing Address) Brooklyn, NY 11201 do hereby authorize MARTIN D. FINNEGAN, ESQ. (Agent) an Law PC our Finnegan � to apply for variance(s) on ntp behalf from the Southold Zoning Board of Appeals. By signing this document,the Property Owner understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3)consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH "I''I•I:'E CODE RE UIRED TIME FRAME DESCRIBED HEREIN. (Clw-'s Signature) Henry H. Bostic III (Print Owner's Name) d � .& (Owner's Signature) Ambriel Floyd Bostic (Print Owner's Name) V Received 11111111 IN 1111111111111111111111111111111111111111111 AUG 112025 111111111111111111111 IN z,ning BoarcE of '§ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 11/20/2015 Number of Pages: 4 At: 11 :15:27 AM Receipt Number : 15-0162554 TRANSFER TAX NUNBER: 15-11546 LIBER: D00012841 PAGE: 664 District: Section: Block: Lot: 1000 027 .00 02. 00 002 .003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1 ,500,000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 .00 NO Handling $20. 00 NO COE $5.00 NO NYS SRCHG $15 .00 NO EA-CTY $5 .00 NO EA-STATE $125 . 00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $0 .00 NO RPT $60 .00 NO Transfer tax $6, 000.00 NO Mansion Tax $15,000.00 NO Comm.Pres $27, 000.00 NO Fees Paid $48,255.00 TRANSFER TAX NUMBER: 15-11546 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Nuntberofpages RECORDED 2015 Nov 20 11:15:27 AM JUDITH R. PASCALE This document will be public CLERK OF 'scar : SUFFOLK COUNTY record.Please remove all L D00012PAI Social Security Numbers P 664 AUG 112025 prior to recording. DT# 15-11546 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps Zoning Board of Appeals 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 2.0. 00 2. Additional Tax TP-594 Sub Total Notation Spec./Assn. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County A.P.T.S.A. 'Held for Appointment Comm.of Ed. 5. 00 Transfer Tax. ow - Affidavit + Mansion Tax 410 Certified Copy The property covered by this mortgag$1s or will be improved by a one or two NYS Surcharge 15, 00 family dwelling only, Sub Total YES or NO Other / Grand Total a�—1 - If NO, see appropriate tax clause on page# of this instrument. 14 1�1 4 1 Dist 1 V"" `--`-- "^'^^ °' ' ^^^^ nn)n03 5 Community Preservation Fund Real Property 15031503 1000 02700 0200 002003 Con4lderationAmount$ 1,500,000 Tax Service Agency IIII�l���I���plhIIll��I�+�f P C e 27,000 Verification Satis act+U-1..,...,. Improved XX RECORD&RETURN TO: Vacant Land Sara R.Throne,Esq. �� TD Sonnenschein,Sherman&Deutsch,LLP TD to 7 Penn Plaza,Suite 900 New York,NY 10001 TD. Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name National Granite Title Iris,Co. www.suffolkcountyny,gov/clerk r,ip a 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain and Sale Deed madL by: (SPECTYTYPE OF INSTRUMENT) Ict2m-e-ThMas MurphyThe premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of IntheVILLAGE as tenants by the entirety or HAMLET of Oriepr BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over _r. e Bargain and Sale Deed with Covenants Against Grantor's Acts-Individual or Corporation CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY A � P � THIS INDENTURE, made the 19 4'' day of October, 2015 BETWEEN Received JEROME THOMAS MURPHY,residing at 11A Kirkland Place,Cambridge,MA,02138 AUG 11 2025 party of the first part, Zoning Board of Appeals HENRY H. BOSTIC III and AMBRIEL FLOYD BOSTIC,as tenants by the entirety,both residing at 246 Warren Street,Brooklyn,NY, 11201 party of the second part, WITNESSETH,that the party of the first part, in consideration of TEN($10.00) Dollars, lawful money of the United States paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and at SEE SCHEDULE `A' ANNEXED HERETO BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated June 27,1997 which deed was recorded in the Office of the Clerk of the County of Suffolk on July 10, 1997 in Liber 11840 at page 233. TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND THE party of the first part, in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read "parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: A0_-r0'%j lrv� jiO4MOETIMAS Rl?t7P6112025 STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: Zoning Boa§ t el On the ?-01 day of October, 2015, before me, the undersigned, personally appeared JEROME THOMAS MURPHY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Public JENNIFER B.GOULD Rotary Public,State of New York No.02GG024640-Gaffolk Couoty Commission Expires March 14,20 !8 9 a do-Y e 1 1 r,, S SCHEDULE W ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot 3 on a certain map entitled "Subdivision Map of Settlers at Oyster Ponds" and filed in the Office of the Clerk of the County of Suffolk on May 4, 1984 as Map No. 7729,said lot being more particularly bounded and described according to said map as follows: BEGINNING at a point on the northeasterly side of a 50 foot right of way,where the same is intersected by the division line between Lots 2 and 3 on the aforesaid reap, said point or place of beginning being the following four(4)courses,curves and distances from the intersection of the southeasterly side of Halyoake Road with the northeasterly side of Platt Road: Received 1. Southwesterly as measured along the,southeasterly side of Halyoake Road a distan a Qf A U 41.40 feet to the center lino of the 50 foot right of way; 1 12025 2. South 880 58' 00"East, 152.21 feet; 40099 kdfd of Appeals 3. Northeasterly along the arc of a curve bearing to the left having a radius of 280.00 feet a distance of 239.46 feet; 4. Northeasterly along the arc of a curve bearing to the right having a radius of 100.00 feet a distance of 120.39 feet to the true point or place of beginning; RUNNING THENCE from said point or place of beginning along the division line between Lots 2 and 3 North 39° 32' 10" East, 348.11 feet to the southwesterly side of land now or formerly of Edward Latham and Daniel Latham; THENCE along said last mentioned land the following two (2)courses and distances; 1. South 53° 53' 10"East, 742.59feet; 2. South 78° 53' 10" East, 231.58 feet to the westerly side of Narrow River Road THENCE along the westerly side of Narrow River Road South 08" 58' 00" West, 230.22 feet to the center line of the 50 foot right of way; THENCE along the center line of the 50 foot right of way the following eight(8) courses and distances: 1. North 81" 02' 00" West, 50.00 feet; 2. Northwesterly along the arc of a curve bearing to the right having a radius of 550.00 feet a distance of 128.55 feet; 3. North 67' 38' 30" West, 187.82 feet; 4. Northwesterly along the are of a curve bearing to the left having a radius of 180.00 feet a distance of 197.92 feet; 5. North 73' 56' 30"West,67.27 feet; 6. Northwesterly along the arc of a curve bearing to the right having a radius of 765.00 feet a distance of 276.94 feet; 7. North 53° 12' 00"West, 180.00 feet; 8. Northwesterly along the are of a curve bearing to the left having a radius of 100.00 feet a distance of 27.55 feet to the point or place of BEGINNING. APPLICANVOWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohi'it Spnflicts of interest on the ,arl of town officers and cmgloycej,.The Zurpoieu—f this form is to Provide information which cans algt!the t9wit of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Henry H. Bostic III and Arnbriel Floyd Bostic (Last name,first name,middle initial,unless you are applying in the name of someone else or other ong company.If so,indicate the other person's or company's name.) 1466ave ,, TYPE OF APPLICATION: (Check all that apply) AUG 112025 Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Zoning Board of Appeals Approval of Plat Mooring Other(activity) Planning 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 \0/ 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 the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 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) —Q an officer,director,partner,or employee of the applicant;or —D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this z� day of JUIY 2025 Signature_ Print Name Henry H. Bostic I I I Signature_ ^ P,-zpr� Print Name Ambriel Floyd Bostic AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the vart of town offiggrs and employees.The purpose of this foEm is to provide information which can alert the town of ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : MARTIN D. FINNEGAN (Last name,first name,middle initial,unless you are applying in the name of someone else or otheRec,W-VO Cl company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) AUG 112025 Tax grievance Building Permit Variance X Trustee Permit Zoning Board of Appeals Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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. X YES NO 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 the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 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) Q an officer,director,partner,or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP 1-111' Submitted this; ust ay Of , 2025 y Of "t Signature Print Name MARTIND. FINNEGAN Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 9)96 NUG 1 ZO A. INSTRUCTIONS ntin0 Board of ppea16 1. All applicants for permits* including Town of Southold agencies, sh� complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 027.00 _02.00 _002.003 The Application has been submitted to (check appropriate response): Town Board Planning Dept. 0 Building Dept. El Board of Trustees ZONING BOARD V OF APPEALS 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: CONSTRUCTION OF ACCESSORY GARAGE WITH ARTIST STUDIO.. Location of action:5305 NARROW RIVER ROAD, ORIENT, NY 11957 g Site acreage:6.7 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification:R-200 , 2. If an application for the proposed action has been filed with the Town of KBI' ioldagency, the following pp p p information shall be provided: AUG 112025 (a) Name of applicant: HENRY H. BOSTIC III AND AMBRIEL FLOYD BOSTIC 4 , (b) Mailing address:246 WARREN STREET, BROOKLYN, NY 11201 (c) Telephone number: Area Code ( )917-350-0396 (d) Application number, if any: Will the action bbe directly undertaken,require funding, or approval by a state or federal agency?ry Yes1:1 No If yes, which state or federal agency? DEVELOPED COAST POLICY N/A - MINOR EXEMPT ACTION Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes F] No Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 13 Yes 121 No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No ® Not Applicableaeceivedo�2 AUG 112025 Zoning Board of Appeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes FFI- No V Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 13 No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. El Yes E] No® Not Applicable 1 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes No® Not Applicable AUG 1 2025 7.,)inq Board o Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances andwastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes U No VNot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Ye No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. E] Yes ❑ No ® Not Applicable Received, I 'Vq Zoning ,gad of Appea6 Attach additional sheets if necessary 6 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No V Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No V Not Applicable Created on 5125105 11:20 AM Received n r fP k P NN d. Received AUG 112025 zoning Ra-d d � V,* II a pry�� l Receive 13�5- AUG 112025 Zoning Board of Appeals WA a.� fy r � ib 9��• � �6a � M p I, p r" Glenn Goldsmith, President' sod town Hall Annex 54375 Route 25 A. Nicholas Krupski,Vice President P.O.Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly Telephone(631) 765-1892 Elizabeth Peeples + Fax(631) 765-6641 01 ►►/I Received BOARD OF TOWN TRUSTEES AUG 112025 TOWN OF SOUTHOLD ZQnincq Board of Appeals June 11, 2024 Thomas Wolpert Young Associates 400 Ostrander Avenue Riverhead, NY 11901 RE: HENRY H. BOSTIC, III 5305 NARROW RIVER ROAD, ORIENT SCTM# 1000-27-2-2.3 Dear Mr. Wolpert: The Southold Town Board of Trustees reviewed the Building Permit Survey prepared by Young Associates, last dated February 20, 2024 and determined that the proposed construction of a 1 '/2 story barn and new sewage disposal system (A/l OWT S) is out of the 100 foot Wetland jurisdictional area under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary, or within 100' landward from the edge of vegetated wetlands, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. it is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland - jurisdictional boundary and the coastal erosion hazard area and your project or erecting a. temporary fence, barrier, or hay bale bean. This determination is not a determination from any other agency. Sin rely, �, Glenn Goldsmith, President GG:ec M� i : f 7,1 N 11 0 w z t d of Appeak o � v LLI kj m _ :. a1 Q " av T W p d - LLJ - LL mg "a `- Vf QLL a UK l q Z IWO 14 mm " LL ..,8LU _ �- � OCI 1 I �o f ol ornr g ark of CJI 0 w ` _ LL 11 11 y D ` C H N O U H CD Q 0 O cr imp J � La E 3 a O r o � ; (, o > U. m LL LL �� a a D pN�K LO .. � N to i Ln 14 co N i eg ka IS? CJ C C > , 0 O m S'll� a js 4w a tl U v m u ",� to w a m C7 0