Loading...
HomeMy WebLinkAbout213RICCARDI, JOSEPH %213 Artist Drive - Middle Island, NY August 27 Page 1 1959 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 213 Dated August 13, 19~9 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD ~oOS. Riccardi Construction Corp., a/c Thomas Szala Artist Drive at a meeting of the Zoning Board of Appeals onThurso tSeptember was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance, ( ) Appellant 19~9 the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~rd it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................ Section ................ Subsection ................. pa,ragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:30 P.M. (E.D.S.T.), upon application of Joseph Riccardi Construction Corp.~ of Artist Driver I,~ddle Island~ L.I.~ New York~ for Thomas Szala, lO~ Newel Street~ Brooklyn, New York, for a variance due to lack of access in accordance with State of New York Town Law, Section 280A, Location of property: east side of private right-of-way~ south of Main Bayview Road~ Southold~ New York~ bounded north by now or formerly of S. Paters, east by Canal, south by now or formerly of E. C. Axien~ and west by private right-of-way. 2. VARIANCE. By resolution of the Board it was determir~d that (a) Strict application ~of the Or.cli~nanc,e (would) .(~pr~o~J~ .ute un.due hard[ship l~ecaqse applicant woufLa be unao±e ~o cons~ruc~ ~we±±zng zor wnzcnne nas already invested time and money for plans~ surveys and contracting~~ (b) The hardship created (is) (llgalat) unique and (~1{~311~ (would not) be' shared by all properties ~ alike in the immediate vicinity of this property and in the same use district because other houses on right-of-way have had satisfactory access for quite a while. (c) The variance (does) (~ll~K.Xll~;. observe the spirit of the Ordinance and (~I~Z~ (would not) ch~ge the character of the district because applicant intends ~recting a one-family residential dwelling in keeping with other houses in the area. and therefore, it was further determined that the requested variance (~) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed (~) be reversed. Judith T. Boken, Secretary TOWN OF $OUTHOLD, NEW YORK- APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Name of Appellant Street and Number · .../~.~....~. ...,.....~...z...'.~.?...~..4 ......................... Z~.x ..... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.. ...... ~;...7..8.~. ................... DATED ...................... .--T.~Z...2.9..,...Z.~.5..9..... WHEREBY THE BUILDING INSPECTOR DENIED TO ~X) ( ) ( ) Name of Applicant for permit of !: .................................................................... Street and Number Municipality State PERMIT TO USE and build PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY..~.V.t zw~,, ~.$. J~aY. ~.iaR :g.a, ....... ."~" d~s.t, ..................... Street Use District on Zoning Map Land formerl~ of Zebroski Ba~. View Road, Southold~ N.7 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Access Town Law section 280a 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 C6ns. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in App~e~! No ............. ;~?; ............. Dated .................................... ~ ................................. REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that: It is desired to build a one family dwelling on the W/S of private canal. The building lot is reached by a private road or right of way~ and is about 348 feet southerly from Bay View Road. The road has not been approved for access as yet. ~e are requesting such approval at this time for the tot in question. (Continue on otherside) Porto ZB! : '_ Notice of Hearing i rursuant to Section 287 of thei [-Town Law and the prov~lons 0f the Amended Building Zone anco of the~ ~ of Southold, sar- folk County, Ne~ York, public hearings will be held by the Zon-i lng Board of Appeals for the Town~.: of Southold, at the Town Clerk's,, Office, Main Road, Southold, New! · York, on August 27; 1989, on the~! followin~ appeals: 7:30 P M. (E. D. S. T.), Upon pltcatlon of ~'oseph Rlccardi, Con_~i ; struction Corpo, ratlon, - of Artist Drive,' Middle Island, L. I., New York, for Thomas Szala, 105 Newel i Street, Brooklyn, New York, for a~ varIance due to lack of aeces~ iai : accordance with State of New York · ToWn Law, Section 280A. Location of property: east side of l~rlvate'i . right-of-way, south of Main' Bay- i VieW Road, Southold, ~ew York, ti of S Poters, east by Canal, south i by now or ~ormerly of ~. C. ' and west .by private right-of-way. ?:40 P. M. (~.D.S.T.), upon plication of Helmut Sas~, for · Soathold Town Beach Motel, North ~,Road, Southold, New York, for a :speclai exception in aecordancet ~with the Zoning Ordinance~ Arti-~ 'cie IV, Section 408, fqr permission~ ~to erect and maintain a ~lirectional~ advertising sign on. the property of Richard E. Schiefer, east Side Bow cry Lane and south side' North! Road~' Southold, New York. ~ 7:§0 p. M. (~I.D.S.T.), upon ap- · plication of Helmut Sas~, for Southold Town Beach-l~Iotel, North Road, Southold, New York, for a : pemal; .~exceptmn m accordance with the Zoning Ordinance, Arti- -- cie III, .Section 300, Su,bdivlsion' 11, for permission to erect and main fain a directional advertising sign on the, property of ETnast C. Tut- hill, south side Middle Road, Mat~-- titock, ~lew York. 8:09 p. M. (E.D.S.T.), upon ap'~ plication of Helmut. Ha-as, for SOuthold To,wn Beach Motel, North Road, Southold, New York, for a special exception in accordance with the Zoning Ordinance, Ar.ti- cie iii, Section SOO, Subsection 11, for perm[salon to erect and main fain a directional advertising sfgn on the property of Mary Pylko, south side Sound Avenue, Mattl- tuck, New York.-. 8:10 P. M. (.~..D~S.T.), upon ap- placation ar. Helmut Sass, for ,Southold Town Beach. Motel, North! Road, Southold~ New York, for a special exception in accordance with the Zoning Ordinance, A~rti-I · cie IV, Section 408, 'for permission · to erect and maintain ~a directional advert[sing sign on .the property of! .the Shell Service Station,. Ted [ : Wells, Proprietor, non~h side Ham-~, tltod Avenue and West aide Wick- ! ham Avenue, Mattituck, New York·! 8:20 p. M. (E.D.S.T.), upon ap~ ptication of Helmut Has~, for Southold Town Beach Motel, North Road, Southold, New York, for a ,special exception in a,ecordancel with the Zoning Ordinance, &rti-] cie III, Section 300, Subssotion ll,1 f0~ pcrmi~ion to erect and main-[ fain a directional advert[sing sign, o~n ~e Im'operty o£ .,,'os~Jh Sawicki~- south side North Road tVew York· 8:30 P. M. (E.D,S.T.), upon ap-' plication of Carl D. Reite£, Main Road, Southold, New York for a~ varlanc'e in accordance with the[ Zoning ·Ordinance, Article III, Sec-I tion 300 'for Permiasior~ to reopem for use a~ a hotel, the propertyl knowr[ as Lake Lodge, a use which has been disoontinued for more than two years. Location of prop- erty, north side Sound View~ Ave- nue, Southold, New York. Any person deslrlng to be heard on the above a~pltcations should appear at the time and place above specified. DA'PED: August I3, 1959, By Order of the Southold Town ~r_d of Appeals. IgAu21; STATE OF NEW YORK, ] ~ ss: COUNTY OF SUFFOLK, ~ ....... ..~....~...c~...~..~--~r~.......~ ........ being duly ,S,,.,w, orn, says that _......~-~...... is Printer and Publisher of the slr~ l, OLK TI~ES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a. printed copy, has been published in the said Suffolk Times once in each week, for ............................................... ~ ......................................... weeks successively commencing on the ....... ~...~ ..... day of ........ ..... Sworn to before me this ...~r~ ........ ,; [ ~ / STANLEY S. CORW'I~ bl0TfiRt' PIJBLIg, State 0! New York Residing b~, Suffolk County. Clks. No. $2.$826400 Gommission Expires March 30,19,fi0 -- Joseph R ccardi ~eneral Contractor and ~uilder FINANCING ARRANGED To~m of Southold Building Dept. 0 ' Town Clerk's fflce Southold, N. y. Re: Thomas Szala Tele~one: YA~ha~t 4-3475 Aug. 1st, 1959. LAKE¥1EW TERRACE, Route 25 -:-.-P.-~ .~o~ 4.3r MIDDLE ISLANB N. ¥. CUSTO[~ BUILT HOMES Gent leme n: - Enclosed is an application for a building permit and a check in the amount of $10.00 to cover. Please send the building permit to me. Thank you. Very truly yours, P'R.F.D.#1 - Artist Dr. ~iddle Island, N. ¥. Joseph Riccard Cjeneral Co~tractor and ,.~uilder FINAiqClNG ARRANGED Telephone.' YAphanl{ 4-3475 August 18th, 1959. LAKEVIEW TERRACE, Route 25 -:- P. O. 13o, 12, MIDDLE ISLAND, N. Y. Mr. Robert W. Gillispie, Jr. Chairman, Southold Town Board of Appeals Southold, L. Io, N.Y. Dear ~{r. Gillispie:- Enclosed is the completed application for a variance, a/c Thomas Szala, which you returned to me to complete "reason for Appeal 1., 2., and 3."o Thank you for your patient cooperation and I hope this meets with your approval. I appreciate your letting me know that it is not necessary for me to appear at the hearing. CUSTOM BUILT HOMES Very truly yo~s, Jos~h Riocardi Construction Corp. Telephone: YApha~l~ 4-~475 Joseph ' Riccard Con, ruer ion Corporation General Contractor a~d ;~uilder Aug; $1th, 1959. LAKEVIEW TERRACE, Route 25 -:- P. O. Bos 12, MIDDLE ISLAND, N. Y. FINANCING ARRANGED Mr. Howard M. Terry, Town of Southold Town Clerk's Office Southold, N.Y. Building Inspector CUSTOM BUILT HOMES Dear Mr. Terry:- Enclosed are two copies of application for variance and two copies of survey of land of Mr. Thos. Szala. Hay I take this opportunity to thank you for helping fill out the application forms. Your help was greatly appreciated. Thank you for your courtesy. JR :MR Very truly yours, ~ugust 4, 1959 Joseph Riccardi Construction Corp. R.F.D. #1 Artist Dr. Middle Island, N.Y. Gentlemen; Enclosed please find a receipt for the fee of $ 10.00 A/C Thos. Szala application for building permit~ also a notice of disapproval o~ the application. The property, is located on a private right of way which has never been approved for access. Enclosed please find an application for variance of section 280a of Town Law which is partialy filled in on the-front side. Please completethe front and back of both pages and return with a map or accurate sketch of the area surrounding the roadway as soon as possible. There is no fee in connection with an access application. The Board of Appeal& meets on Thursday eveningt It will take two weeks to be heard after the Board receives the application. I am sorr~ for the delay in this matter, But it is necessary to follow the rules in each case. Yours truly BUilding Inspector. September 18, 19~9 ~0~ Thomas S~.ala Newel Street Brooklynt New York Dear Mr. Szala.. This is to advise that the appeal of Joseph Riccardi Construction Corp. for right of access to your lot at Private Road, south side Bay View Road, ~ay View, Southold, New York has been granted by the Board c~ Appeals. Mr. Howard Terry, Building Inspectort and Mr. Herbert Rosenberg, member of the Board of Appeals have reported to the Board that theaceess is now acceptable, the right-of-way having been bulldozed to a satisfactory condition. Building Permit No. Z?86has been forwarded to Riccardi Oonstruction Corp, Very truly yours, ~udith T.mBoken, Secret.sty 8outhold 'o~n Board of Appeals August 2?, 19%9 Mr. Henry ~. Smith Peeonict New York Dear Mr. Smith~ The Building Inspector denied Joseph Riccardi Construction Corp. acting for ThOmas Szala, a building permit to us® and build on the lot wb_teh you deeded to Mr. Szala on the 10th day of Feb- ~uary~ 1959, assuring hima rlght-~f-way to the deedea parcel as follows:l "Together with a'right-o~-way over said %0 ft. road for ingress and egress to and f~cm described parcels the southeasterly line Which is described as *ollows~". We are also in possession of Mr, Szala's copy o* an agre$- ment signed and notarized March l%th~ 19%9 between you and Thomas Szala, ~OvA~ing the premises ~ust referred to. In this agreement you state~ "that oh or be*ore the 3Otb day of May 19~9 I will serape the right-of-wayWhich gives access to the property ---- by operating a bulldozer upon such road at least three times and putting a small c town thereon." Our investigation of the access' to this property indicates the right-of~way is in an impassable condition. It seems un*ortunate that Mr. Szala sho~d be embarrassed by this situatiom. Very truly yours, RW~Jr/Jb Robert W. Gillispie~ Jr, Chairmah, Southold Town Board.of Appeals A~gUs t !~+, Riccardi Construction Corp Artist Drive Middle Island, L.I., New York Gentlemen: Returned herewith is one copy. of your application for a variance, a/c Thomas Szala. .Et will not be nec- essary ~or youto appear at the hearing of the Szala appeal, however the reverse side .f the application must be ~ully completed before the appeal can be ac~ed upon at the hearing~ legal notice of which is also enclosed. Your prompt attention is requested. Very truly yours, /Jb Robert W. Glllispie, Jr. Chairman~ Southold Town Board of Appeals the ;owe Lay and the ; ~thOXd ~ ~eaeh ~otel, ~ aoad,.'Sou~OX~) ~ew ~erk, ~er a .~ speQAal exception in aO~Grdaaee ~Ctth the Zoning ~A~lnamee~ A~tole ~' IV, ~eotima q~B~ ~_c~ permiisie~ t~ e~e~t and maAnta~n a dfreetionLl ~ . ar~. south side' ~Orth ~ad, 8OUthold, l~ew York, ~t~ P.~. t u~n appll~tM ~ ~ut REASON FOR .APPEAL Continued I. STRICT A.PPLICA~TION OF THE ORDINANCE would produce UNDUE HARDSHIP becat~e the owner t~s already invested considerable time and money for plans, survey, etc. and ~the contractor has already ordered seme material, S', in order to Start construction, and I have borrowed ' a considerable amount of .money in Order to b~ild this house, not realizing that a variance would be necessary, The hardship created is UNIQUE and is not shared by all p~6perties alike in the immediate vicinityof thi$~-~rgperty and'in this use'dis~ict because''~ a~ther ~house has ,a~ready been built on this right of way~ a,nd you Wil~t~ fin~ :that a con~siderable number of-homes have been built in the immediate area especially on the east side of. ~the canal... ,:: ~ . 3. The Variance would observe the spirit of the Ordinance an~J'-:WOUIiD NOT CHANGE TH~ CHARACTER OF THE DISTRICT because it iS a one family residential dwelling on a very large sized lot and the house is of a substantial size to meet your code. STATE OF NEW YORK - COUNTY OF ss Notary ARTHUR S.+BERGER /qo~ary Public, Stz~e of Ne~;; ~ork No. 52~254900, Suffolk Gounty ~er~ Exp~es ~{arch 30, 1961 // / Signtdre Sworn to this .................. .~..4....-.~. .................... day of ........... ....~.~ ...................... 19F'~ FOP~M NO. 3 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ~.~. ........................................................... Date ........................... ..A.~.....~.~: ......... lc)~ .... · ~r.~. ~ ~ ....... · ~L-~.e.. ~:_ _~..[,,~I,~ ~...N,~,, ............. PLEASE TAKE NOTICE that your application dated .........................~.~. ~,......~C~ ............. ]9~.... for permit to construct ..~...~.~..~.~.~ .................... at the premises located at ~ ~ ............. ................................ Street ~t~ ~ ~.~Z. Mop~ ..............................Block ~ Lot ~ ' ~ disapproved on the following grounds ....~ .~.~..~....~.~..~..:.~.~..~.,~.~.. Building Inspector FOI~,3'I NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO~VN CLERK'S OFFICE SOUTHOLD, N. Y. Examined .... ~ ................ .... .... 19...i .... A pproved .................. ~ ....... : ........ 19 ........ Permit No..~..~...~. ..... Application No. APPLICATION FOR BUILDING PERMIT Date.. INSTRUCTIONS a. This application must be completely filled in by t~pewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adioining premises orpublic streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this location. c. The work covered by this application may not be c6mmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for in~ection throughout the progress of the work. e. No building shall be occur)ied or used in whole or in part for any purpose whatever until a Certificate of Occupa~j~? shall have been granted by the' Building Inspector. ~PPLICATION IS HEREBY MADE to the Building Department for the issuance of a Bu ding Permit pur~ant to the "Building Zone Ordinande of the Town of Southold, Suffo k County, New York, and other applicable Laws, O~inances .or Regulati.ons, for the construction o~ buildings, additions or alterations, or for removal or demolition . 'e '~-~: -'~ The apphcant agrees to comply w~th all apphcable laws, ordinances and regulations , as hereto described. State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of prem.ses ..... [.. :: .'g:6 ~.~ ~:~>~:, If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate o~fi~-) ................. Location of [and an w~c~h proposed work will be done. Map No: ...... Lot : ........ ~ ~ ~ ~ ...................... No . ~ ~.~ /~.~./4f-~ ~,u'~~ :~; ~ '~ ~ . ~. ~ ~> .... ,~ ~ ......... Street and Number ...~ .......... State existing use and occupancy o~ p~emises and intended use and occupancy of proposed construction: a. Existing use and occupancy ................. ......................................................................................... b. Intended use and occu~an~ Budd rog. Addition ....................Alteration .................... 3. Nature of work (check which appYr¢ab}e): N~-w , ~mova[ Demo t on ............. ..Other Work (Describe) .................... . Rep.mr ................ r~.R ........ ;~f:.. ........... ; ~.~..,~, ~i~¢2~, ~ =~ "~' ~ . ........... ~ ..................... 4. Estimated Cost ............................... ' (to be pa d on fihng th~s appl cat on) ~J umber of dwel.ling units on each floor ............................ 5. [f dwelling, number of dwelling units ................................ N If garage, number of ccrs ........................................................................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .... 7. Dimensions of existing structures, if any: Front ............................ Rear ............................ Death ............................ Height ...........................Number of Stories ............................................................................................................. Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Hei ht .~N~umber of Stories ............... ~ ................. Depth .............................. g ................. ~ ............ ~ ~ ~ ~ ~ Rear ~' ~ Depth ............................ 8. Dimensions of en?e new construction: Front .......... ~ .............. : ............................ Height ~"?~'~' Nurgber of Storie~ '"F,i'~'}~".~ ........... /~_~ ~ ........................ ;..> ~ ~ ~ ~ 9. Size of lot: Front ~r f~ ~- Rear Depth ..................... ~'"' ~ a' ~.*-~e :~ e ............................ · ........................... /¢ ~,_: ........ /~"¢~* '%~ ~L z ~' ~ .~... Name of Former Owner .......................................... r 10. Date of Purchase ..................................... 11. Zone or use district in which premises are situated .................................. · , .... 12. Does roposed construction v~ate ~any zo~m~ ~w~. ord,nan~ r~ .~.~ ........................ 13. Name of Owner of premises .............................................................. ,~-- - ~ ~ .o. Phone NO. _ , Address .v~,'~'?'*S ....... ¢¢>~"~' ........... _~ ' _ Address :7:.: ........................................... NO. Name at L. ontracTor ............................................. PLOT DtAGRAM Locate clearly and distinody all buildings, whether existing or proposed, and indicate all set-back dimensions f~om property lines. Give street and block numbers or description according to deed, and-show street names Qnd indicate whether interior or corner lot. ~ .................... / STATE OF NEW~YO~,~// ) S S i~ ................................. being duly sworn, deposes ,and soys that h.e is the applicant "77 TM -(N~me bf individiJal signing opp i?tion) ovee na~named '"erie ,s,s ,hthe ......... : .................................. '~;'n~;;;~;;,";~;'";nt .... corporate off,cer,' etc. of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file . - . statements contained in this application are true to the best of his knowledge and belief; this ~phcpt,on, tha~.~] ¢ --a :- *k~ ~nner set forth in the application filed~erewi~ . andsworn thatto b~ore~h~ workmeW2,1 'ira sue._ per~orm,, ........... . ~~ ....... ...... . ..... - _