HomeMy WebLinkAboutBassford, Schmidt & Hannett
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
RECEIVED.
October 3, 1984
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Town Cleric Southold
Mr. F. DeVoe Bassford
186 Jackson Drive
West Palm Beach, Florida 33406
Dear Mr. Bassford:
On October 1, 1984, I inspected the premises at Main
Road, Cutchogue, New York, which were the subject of my
Notice sent to you on July 27, 1984, as well as the hearing
conducted by the Southold Town Board on September 11, 1984.
The inspection reveals you have complied with the
resolution of the Town Board dated September 11, 1984, and
accordingly, I am closing the file on this matter.
If you have any questions concerning this matter,
please do not hesitate to contact me.
Very truly yours,
(]~~ 7I~
Curtis W. Horton
Building Inspector
CWH:bc
cc: Judith T. Terry, Town Clerk
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 12, 1984
REGISTERED MAIL .
RETURN RECEIPT REQUESTED
F. DeVoe Bassford
186 Jackson Drive
West Palm Beach, Florida 33406
Dear Mr. Bassford:
Enclosed herewith is the decision of the Southold Town Board
adopted at their regular meeting held on September 11, 1984 relative
to the matter of a violation of Chapter 90 of the Code of the Town
of Southold by F. Devoe Bassford, William K. Schmidt, Joyce-Alyce
Honnett .
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Judith T. Terry
Southold Town Clerk
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PS FORM RECEIPT FOR REGISTERED ~
July 1983 3806 (Seelnfm PSForm~3811.July1982
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER
11, 1984:
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of premises owned by F. Devoe Bassford, William K. Schmidt. Joyce-
Alyce Honnett, and shown and designated on Suffolk County Tax Map as: District
1000; Section 097.00; Block 0200; Lot 010.00, and thereafter prepared a written
report thereof and filed the same in his office, and
WHEREAS, it was determined by the Building Inspector that the building or
structure on said premises is dangerous or unsafe to the public, and
WHEREAS, the Building Inspector promptly thereafter served a notice on the
owner or other persons having an interest in said property, pursuant to the
provisions of Chapter 90 of the Southold Town Code, and
WHEREAS, said notice required that the owner of said premises secure or remove
the building or structure, securing or removal to commence within ten days from
the date of the service of said notice and that the same be completed within thirty
days thereafter. and
WHEREAS, the owners of said premises has neglected or refused to comply with
the provisions of s"id notice within the time specified therein. and
WHEREAS, a public hearing on said matter was held by this Board on the 11th
day of September, 1984.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
1. That based upon the written report prepared by the Building Inspector
and filed in his office and upon the evidence given by said Building Inspector at
the hearing held on September 11, 1984, this Board does hereby determine that
the building or structure located on said premises is unsafe or dangerous to the
public.
2. Tha~ this Board does hereby order that the building or structure located
on said premIses is in such a dilapidated condition that the same cannot be repaired
and secured and therefore directs and orders that the same be taken down and
removed.
3. That it is further determined and ordered that the owners of the building
or structure on said premises shall take down and remove the building or structure
on said premises on or before the 11th day of October, 1984.
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Page 2 - Bassford, Schmidt, Honnett
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4. In the event that the owners shall neglect or refuse to take down and
remove said structure from said premises within the time provided by the preceed-
ing paragraph, then and in that event the Supervisor be and he hereby is author-
ized and directed to procure estimates for the removal of the building or structure
on said premises and submit the same to this Board for its consideration as soon
thereafter as possible.
5. That thereafter this Board shall, based upon such estimate, provide for
the letting of a contract for the taking down and removal of the building or structure
on said premises.
6. That the cost and expenses of the taking down and removal of the building
or structure on said premises shall be collected by the Town of Southold in the
manner provided for in Section 90-9. of the Code of the Town of Southold.
7. It is further ordered that a certified copy of this resolution be sent by
the Town Clerk to the owner of said premises by registered mail, return receipt
requested, within three days of the date hereof.
] STATE OF NEW YORK )
COUNTY OF SUFFOLK
Office of the Clerk of the ss:
TOWN OF SOUTH OLD
(S'E~L)
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This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in
the said County of Suffolk, hove compared the foregoing copy of resolution
with the original resolution now on file in this office, and which was passed
by the Town Boord of the town of Southold in said County of Suffolk, on
the ...ntJ:l...... day of Sentember 1984 d th t h
..........17........................ ........, on ate same is
o correct and true transcript of such original resolution and the whole thereof.
In Witness Whereof, I hove hereunto set my hand and affixed the seal
of said Town this .....~.~~.~.... day of .......~.~.p.~.~'!:I.~~!:............. 19~~....
~L..:?;...2:::::.:~
Clerk of the Town Boord, T~:~thold, County of Suffolk, N. Y
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JUDITH 1. TE RR Y
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
September 12, 1984
REGISTERED MAIL
RETURN RECEIPT REQUESTED
William K. Schmidt
186 Jackson Drive
West Palm Beach, Florida 33406
Dear Mr. Schmidt:
Enclosed herewith is the decision of the Southold Town Board
adopted at their regular meeting held on September 11, 1984 relative
to the matter of a violation of Chapter 90 of the Code of the Town
of Southold by F. Devoe Bassford, William K. Schmidt, Joyce--Alyce
Honnett.
Very truly yours,
~~d5-3;;;7-
Judith T. Terry
Southold Town Clerk
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 12, 1984
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Joyce-Alyce Honnett
186 Jackson Drive
West Palm Beach, Florida 33406
Dear Ms. Honnett:
Enclosed herewith is the decision of the Southold Town .Board
adopted at their regular meeting held on September 11, 1984 relative
to the matter of a violation of Chapter 90 of the Code of the Town
of Southold by F. Devoe Bassford, William K. Schmidt, Joyce-Alyce
Honnett .
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HEARING
SOUTHOLD TOWN BOARD
September 11, 1984
2:00 P.M.
IN THE MATTER OF A VIOLATION OF CHAPTER 90 ("UNSAFE BUILDINGS AND
COLLAPSED STRUCTURES LAW OF THE TOWN OF SOUTHOLD") OF THE CODE
OF THE TOWN OF SOUTHOLD BY F. DEVOE BASSFORD, WILLIAM K. SCHMIDT,
JOYCE-ALYCE HONNETT.
Present: Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebasre
Councilwoman Jean W. Cochran
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: This is a hearing in the matter of a violation of Chapter
90, The Unsafe Building and Collapsed Structure Law of the Town of Southold,
concerning F. Devoe Bassford, William K. Schmidt, and Joyce-Alyce Honnett on
property located on the Main Road in Cutchogue. I turn it over to Special
Attorney Richard Lark.
MR. LARK: I'd like to call Building Inspector Curtis Horton, if you'd swear him
in Mr. Supervisor.
SUPERVISOR MURPHY: Raise your right hand, Curt. Do you promise to tell the
truth, the whole truth and nothing else but the truth?
MR. HORTON: I do.
MR. LARK: Mr. Horton, for the record, would you give your name and address.
MR. HORTON: My name is Curtis Horton. I live on Mason Drive, Cutchogue.
MR. LARK: Are you employed by the Town of Southold?
MR. HORTON: Yes, I am.
MR. LARK: In what capacity?
MR. HORTON: As a Building Inspector.
MR. LARK: And how long have you been so employed?
MR. HORTON: Approximately s.even years.
MR. LARK: Have you, in your capacity as the Building Inspector, have occasion
to inspect premises owned by F. Devoe Bassford, William K. Schimidt and Joyce-
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" Page 2 - Bassford, SC.dt, Honnett
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Alyce Honnett?
MR. HORTON: Yes, I have.
MR. LARK: Would you tell the Town Board where that property is located.
MR. HORTON: The property is located at what we call Robinson Hill in Cutchogue.
If you're going west it's on the left hand side of the road, just about halfway up
the hill in the woods. It's a hard job to see it from the road.
MR. LARK: When did you inspect this property?
MR. HORTON: I inspected it first on July 19th.
MR. LARK: What year?
MR. HORTON: 84.
MR. LARK: And what was the purpose of your inspecting same?
MR. HORTON: We had a complaint from the Cutchogue Fire District.
MR. LARK: And what was the nature of that complaint?
MR. HORTON: They declared--I have a copy of the letter here--they classified
this as a dangerous building. This building has been unoccupied for a great many
years and we feel it is a hazard in the condition it is in.
MR. LARK: And who signed that letter?
MR. HORTON: Stanley Salter, Secretary of the Cutchogue Fire District.
MR. LARK: And it was a result of that--what was the date of that letter?
MR. HORTON: 7/19/84.
MR. LARK: And as a result of that letter you caused an inspection to be made of
what we'll call here for purposes of this hearing. the Bassford premises?
MR. HORTON: Yes.
MR. LARK: And what did you find? Could you tell the Board--could you describe
the premises to the Board?
MR. HORTON: Well, this is an overgrown piece of property. It's all grown up and
trees have come up, they've gone six or eight foot tall from natural growth. I mean
the grass or anything has not been kept up. It was boarded up a few years back
but a lot of the boards have been---
MR. LARK: Excuse me. What was boarded up?
MR. HORTON: The windows of this particular building.
MR. LARK: You haven't told us yet, is there a structure on the property?
MR. HORTON: Yes.
Page 3 - Bassford, Scadt, Honnett
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MR. LARK: Could you tell us what that structure is.
MR. HORTON: It's a one family dwelling, not too large.
MR. LARK: How far does that sit back from the Main Road?
MR. HORTON:
would say approximately 60 to 70 feet.
MR. LARK: And is there any other buildings, I mean out-buildings, accessory
buildings on the premises?
MR. HORTON: None that I noticed.
MR. LARK: So we're only dealing with one structure, is that correct?
MR. HORTON: Correct.
MR. LARK: Could you describe this structure to the Board.
MR. HORTON: Well, I would call it approximately a story and a half house, and I
don't know how many rooms inside this house because I did not enter the house. If
you did I think the back door, when you go in through there, the floor beams were
all rotted out and it was unsafe to walk into. The front door was boarded up, so we
could not try that way there, but the cellar doors are off. There is a stove that's
fallen down right through the floor laying in the cellar. The back roof is sagging
badly. I would say over half the windows were out, missing and like that and it's
very--the rafters are rotted in the kitchen area and all like that. It's a very bad
condition, the whole building is.
MR. LARK: As a result of your inspection, what if anything did you do?
MR. HORTON: I posted the--I--
MR. LARK: Specifically did you cause an inspection report to be filed in your
office?
MR. HORTON: Yes, I did.
MR. LARK: And after your inspection report was filed, what if anything did you
do?
MR. HORTON: I filed an unsafe building on July 24th, 1984.
MR. LARK: Before we get to that--you misunderstood my question. Did you come
to any conclusion as a result of your inspection?
MR. HORTON: Yes, I did and I spoke to my superior and he agreed with me to
file an unsafe building against them.
MR. LARK: What was your conclusion after you did your inspection there?
MR. HORTON: That this building needed--it was badly neglected and it needed to
be torn down.
MR. LARK: And what did you base that on? The structure? It's dangerous
condition or sanitary conditions, or just what---
Page 4 - Bassford, SC.dt, Honnett
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MR. HORTON: A combination of everything.
MR. LARK: Well, you'll have to be a little bit more specific.
MR. HORTON: Well, holes in the floor, holes in the roof, the roof sagging in the
back and windows out, doors open and the large holes next to the foundation that
anybody could fall into, the whole basic--all the conditions put together.
MR. LARK: Did you make a determination that the building was then--the dwelling
that you told us about was structurally unsafe and dangerous?
MR. HORTON: Yes.
MR. LARK: Now, after you filed your report in your office, what if anything did
you do then? After consulting with your superior.
MR. HORTON: I wrote an unsafe report. Filed papers on July 24th I think it is.
Checked out who the owners were and everything. Found out there was three
different owners.
MR. LARK: How did you determine that?
MR. HORTON: Through the tax recordsof this Town.
MR. LARK: There was nobody on the premises when you--
MR. HORTON: Nobody's lived in this place in years.
MR. LARK: Oh, okay.
MR. HORTON: All the owners live in Florida.
MR. LARK: All right. What did you do then after you prepared the notice?
MR. HORTON: I sent them a notice to remove this building--advised to remove the
remains of this structure within 30 days--like ten days from the time lilf this notice
and 30 days thereafter.
MR. LARK: When did you send them the notice?
MR. HORTON:
sent this notice July 24th and posted the building July 30th.
MR. LARK: And how did you send it?
MR. HORTON:
sent it through Registered Mail.
MR. LARK: And did you get a return receipt?
MR. HORTON: Yes.
MR. LARK: Okay, I will show you that in a minute. After you sent them the
letter--did you send one owner or all three owners?
MR. HORTON: All three owners.
MR. LARK: After you sent all three owners the letter, did you ever get any
response back?
Page 5 - Bassford, SC.dt, Honnett
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MR. HORTON: I heard from Mr. Bassford.
times, I wasn't in. I finally called him and
and I heard from him July 31st, 811.
He called his office, well, a couple
he wasn't home. Then he called me
MR. LARK: Did he identify himself?
MR. HORTON: Yes, he did.
MR. LARK: And did he acknowledge receipt of your notice?
MR. HORTON: Yes, he did.
MR. LARK: And what, if anything, did he say he would do or not do pursuant
to your notice?
MR. HORTON: He said he wanted to know if I had a list of contractors in the
Town that could remove this such building because he wanted to remove it. He
knew the condition and he knew it was bad, but he said he was in Florida and
he lived in Florida and he didn't know who to contact and like that.
MR. LARK: Did he acknowledge that the building was in an unsafe condition
and dangerous condition?
MR. HORTON: Yes, he did.
MR. LARK: And in your notice did you also request that the property or the
perimeter of the building itself be fenced to prevent intruders from going in?
MR. HORTON: Yes.
MR. LARK: And did he acknowledge that he was going to do anything like that?
MR. HORTON: No, he never brought that up at all.
MR. LARK: Since this phone call of yours with him on July 31st, have you had
any other contact with him?
MR. HORTON: He called a couple days after that and said he received the letter
I sent to him, but he lost it and he wanted to know if I could recall the names of
the contractors.
MR. LARK: Okay. Did you furnish him with a list?
MR. HORTON: Yes, I did and he thanked me very much and said he was going
to contact them.
MR. LARK: Hav,e you heard any more since?
MR. HORTON: I have not heard a thing.
MR. LARK: When is the last time you went to the Bassford premises?
MR. HORTON: When was the last time? I was there this morning, but I did not
walk the premises. parked outside it.
MR. LARK: Was the structure that you just described to us still there?
Page 6 - Bassford, SC.dt, Honnett
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MR. HORTON: Yes.
MR. LARK: As of this morning?
MR. HORTON: Yes.
MR. LARK: Okay. Now, do you have with you a copy of your notice?
MR. HORTON: Yes, I do.
MR. LARK: Did you take any photographs when you were on the premises?
MR. HORTON: Yes, I did.
MR. LARK: Do you have copies of those with you?
MR. HORTON: Yes, I do.
MR. LARK: Could I have them, please? How many photos did you take of the
property that have some clarity to them?
MR. HORTON: Well, I took two on the 19th and it was a dark day.
MR. LARK: Reference the date.
MR. HORTON: The 19th of July and it was dark and it's very hard to take a
picture any way in there because of the tree condition, the growth and everything
else, so I went back the following day and I took six, and I also too three more
when I posted the building.
MR. LARK: Do you have those photographs with you?
MR. HORTON: Yes.
MR. LARK: So there's a total of two, three, four, five, six, seven, eight,--eleven
photographs, two of which were taken on July 19th, three on July 30th and six on
July 20th and you've noted the dates when you took them. You took these photographs
yourself?
MR. HORTON: Yes, I did.
MR. LARK: And do they fairly and accurately portray what is depicted therein?
MR. HORTON: Yes.
(Notice to Bassford, Schmidt, Honnett, dated July 211, 19811 - Exhibit I.)
(Affidavit of Service by Mailing & Posting, dated August 9, 19811 - Exhibit II.)
(Eleven photographs of the premises - Exhibit III.)
MR. LARK: I'm going to show you what the Town Clerk has marked as Exhibit
for identification and ask if you can identify that, Mr. Horton?
MR. HORTON: Yes.
MR. LARK: Could you tell us what it is?
. 'page 7 - Bassford, Sc.dt, Honnett
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MR. HORTON: This is the Notice of Unsafe of Chapter 90 that I mailed to the
gentlemen, Mr. Bassford, Schmidt and Honnett in Florida.
MR. LARK: And does your signature appear at the end of that?
MR. HORTON: Yes, it does.
MR. LARK: I'm going to show you Exhibit II then for identification and ask if you--
would take a look at it--and ask if you could tell us what that is?
MR. HORTON: It's the violation notice of the Chapter 90, Town of Southold.
MR. LARK: Don't read from it, just tell us what it is.
MR. HORTON: Well, what is it, just a violation of--
MR. LARK: No, would you take your time and look at it and tell us what it is.
MR. HORTON: Well---
MR. LARK: Is there a signature appearing thereon?
MR. HORTON: Yes, it is.
MR. LARK: Yes, or no, is it your signature?
MR. HORTON: Yes, yes it's on there.
MR. LARK: And what were you signing?
MR. HORTON: I was signing that it was a violation in the matter of Chapter 90.
Oh, the Affidavit of Service by Mailing & Posting.
MR. LARK: Okay, and attached to that Affidavit of Service by Mailing & Posting
is the return receipts from the United States Post Office attached thereto?
MR. HORTON: Yes.
MR. LARK: And is there one attached for each one of the respondents, Mr. Bassford,
Mr. Schmidt and Mrs. Honnett?
MR. HORTON: Yes, there's Honnett, this is Bassford and this is Schmidt, yes.
MR. LARK: Okay, that they received a copy of that notice.
MR. HORTON: Yes.
MR. LARK: am again going to show you the photographs which we've all marked
collectively as Exhibit Number III and ask you again do they fairly and accurately
depict the building. conditions when you were on the property and those various
times depicted on the photographs in July of 1984?
MR. HORTON: Yes, they do.
MR. LARK: Mr. Supervisor, I'd like to offer these in now as Exhibits I, II and III
in evidence. Okay, Mr~ Horton, you've described this building to the members of
the Town Board and you've told them of its condition as you found it in July and as
Page 8 - Bassford, SC.dt, Honnett
.
again as you found it this morning when you looked at the premises.
anything, are you asking the Town Board to do pursuant to Chapter
Code of the Town of Southald?
What, if
90 of the
MR. HORTON: I think this building should be removed.
MR. LARK: Could you give your reasons for it?
be asked questions--could it be repaired, could it
positive be done, other than a removal?
In other words, you're going to
be boarded up. Can something
MR. HORTON: Something positive--but the cost would exceed what they have there.
I mean, it's rotten, weather has been going into it for at least fifteen years, blowing
through the holes in the roof and everything else. When you look at this building
from the front you'll say, gee, it doesn't look too bad and the only proper way would
be if all the members went up and took a look at the condition. You got to see it
from the rear. When you see it from the rear you'll realize it's beyond repair.
MR. LARK: In other words, the back of the building looking to the north?
MR. HORTON: The back of the building looking to the east.
MR. LARK: Oh, to the east? Okay. So you're requesting that the Town Board take
a look at this before they render a decision?
MR. HORTON: Yes.
MR. LARK: And is it my understanding that it's your recommendation that the
Town Board pass a resolution and issue an order that the building be removed?
MR. HORTON: Yes.
MR. LARK: And from your experience, how much time would be reasonable to remove
a building of this size?
MR. HORTON: Well, I see no harm in giving them I would say 30 days.
MR. LARK: Thirty days?
MR. HORTON: Yes.
MR. LARK: have no questions at this time, Mr. Murphy.
SUPERVISOR MURPHY: Anyone have any questions of Curt?
COUNCILMAN STOUTENBURGH: Just to give some validity to his statements, I
think you might tell your background, Curt.
MR. HORTON: I was a builder for approximately 27 years. I have repaired all
types of buildings. Basically I did repair--we repaired more buildings of this
nature than we did new and there was a lot of alteration work and like that. And
this building is, like I said, the sills are gone, the roof is going. The only fair
way would be for everybody to take a look.
COUNCI LMAN TOWNSEND: Curt, would you elaborate on the conversation that
you had with Mr. Bassford regarding his knowledge of the condition of the
building and---
Page 9 - Bassford, SC.dt, Honnett
.
MR, HORTON: He realized what it was like, he said he lived far far away, he
had no intention of trying--he would Iike--he was going to tear it down. Now,
I gave him these names of several gentlemen contractors to call up. I have not
personally contacted these gentlemen if they've been asked to do this, but he
told me two times, three times I had conversation with the man, and every time
he was tearing it down.
COUNCILMAN TOWNSEND: Did he say when the last time he saw the building
was?
MR. HORTON: Pardon, I didn't hear you?
COUNCILMAN TOWNSEND: Did he say when the last time he was on the property,
when he saw the building?
MR. HORTON: He did not mention. It acted like a long time. I will say one
other thing, one other gentleman came in our Building Department office and he
must have heard about this hearing and he wanted to salvage certain stuff out
of this building for historic--he was rebuilding a house and I told him he couldn't
touch anything on there, At the time I did give Mr. Bassford's address and he
was going to contact the man. I don't know what happened.
SUPERVISOR MURPHY: Anyone else have any questions?
JUSTICE EDWARDS: How old is the building, Curt? Do you know when it was
built?
MR. HORTON: This is an old building. Down cellar is hand-hewed beams. If
you look at the pictures where the stove is down cellar you will see an old stone
foundation and the floor beams are all hand-hewn. Some of them not even--nothing--
just put up there.
MR. LARK: Could you give an approximation to answer Town Justice Edwards'
question?
MR. HORTON:
would say early 1800's.
MR. LARK: Eary 1800's?
COUNCILMAN STOUTENBURGH: This was not on the preservation list, was it,
Curt, that you know?
MR. HORTON: Not that I know of, no.
J usn CE EDWARDS: Destroying a landmark.
SUPERVISOR MURPHY: Any other questions? (No response.) Nothing further,
Dick.
MR. LARK: Okay. He's going to make a multiple request, not only in this, but
other hearings that are coming down the line and so we can probably adopt some
policy because of the nature of the--what you're being requested to do is to work
out some kind of a convenient arrangement and if the respondents show up so much
the better, that the Town Board enmass to look at the property, preferably with
Page 10 - Bassford, S.idt, Honnett
.
the Building Inspector. You might want to refer this to the counsel, but I think
it would save a lot of time in the long run. I just don't think that you should
be making decisions cut and dried. The photographs are the best that he could
because of the weather conditions but candidly they're not the greates in the world
nor are they a real depiction of it. You have his verbal description of it, but if
you decide to go ahead and order this building--or in your deliberations that's
definitely one of your options to do, I do feel that it would be in fairness to the
property owner if at least maybe the Board take a look at it. Especially if there
is any subsequent litigation thereafter, because as he said then he's described
what he found on the procedures that he took under the statute, uilder the
ordinance, but I think it might be a good idea if you people could spend some
time to look at it. You don't have to do it today, you can schedule it as part
of your normal Town Board business. I would make that request on behalf of
the Building Inspector also, because I think it doesn't make these thing cut and
dried. At least then you took a look at it, these things were pointed out to you
and then when you do your deliberations you've got something concrete to really
base it on.
SUPERVISOR MURPHY: Have you contacted these people at all?
MR. LARK: No, I was relying on what he had told me and the Building Inspector
had indicated that he had--because I do ask him, have you heard from the property
owner after he sent the notice? He said, yes, and he called me and we talked and
just like he said I think he's going to remove it and then the date came and so on
and so forth, because he does have the power, and in some cases he's extended his
time frame of the 30 days where they have a contract that they've done something,
but when I checked with him last week nobody had done anything and he said he
went there today and the same thing existed as did in July, so that's why we had
to go on with the hearing.
SUPERVISOR MURPHY: Okay.
COUNCILMAN STOUTENBURGH: One last thing.
we gave the man the right to board it up and to
offer this option to this man?
In another case before the Town
put a fence around it. Did we
MR. LARK: Yes. If you'll read the notice, the notice in this particular case does
ask him---no, no, this one no. Curt--the Building Inspector Mr. Horton said just
demolish and remove and there was no fencing or boarding and I asked him about
that question and at the time and as he testifed here today, he indicated that there
was just no sense in trying to board it up, there wasn't enough nailers that you
could nail boarding space to it and close up all the holes, so that's why in this
particular care he didn't. In a lot of them he has offered that option to board
and fence.
COUNCILMAN STOUTENBURGH: And I wanted to make sure the reason for it.
MR. LARK: Curt, specifically after you did your inspection and report in July
and then prepared your notice, which is Exhibit Number I, dated July 24th, there
is no mention here of an offer to the owners to board an adequately secure. Board
meaning put plywood or other means around the house to adequately secure it from
the elements. Would you give a reason why didn't---
MR. HORTON: Mr. Bassford, when we talked, said he had boarded it up once
before but he says as fast as he boards it up they tear the boards down.
. . " . ~
Page 11 - Bassford, S.idt, Honnett
.
COUNCILMAN STOUTENBURGH: So it was his decision then and he understood
that he had the option.
MR. HORTON: Yes.
COUNCILMAN STOUTENBURGH: Okay.
SUPERVISOR MURPHY:
to go on an inspection.
close this hearing if it's
the inspection trip.
Okay, I just asked our attorney if it's necessary to recess
He said, no, that we could close the hearing and so we'll
all right and we'll go on--before we make a decision, go on
* * *
d,ttccL~~~
~dith T. Terry (/
Southold Town Clerk
4
.
.
STATE OF NEW YORK
TOWN OF SOUTHOLD
COUNTY OF SUFFOLK
- - - - - - - - - - X
In the Matter of a Violation of
Chapter 90 of the Code of the
Town of Southold by
: AFFIDAVIT OF SERVICE
BY MAILING & POSTING
F. DEVOE BASSFORD
WILLIAM K. SCHMIDT
JOYCE-ALYCE HONNETT
- - - - - - - X
STATE OF NEW YORK:
88.:
COUNTY OF SUFFOLK:
CURTIS W. HORTON, being duly sworn, deposes and says:
1. Deponent is a Building Inspector of the Town of Southold,
is over the age of 18 years, and resides at Mason Drive,
Cutchogue, New York.
2. On the 27th day of July, 1984, deponent served a copy of
Notice Pursuant to Chapter 90 of the Code of the Town of Southold
(The Unsafe Building and Collapsed Structure Law of the Town of
Southoldl upon F. Devoe Bassford, William K. Schmidt and Joyce-
Alyce Honnett, 186 Jackson Drive, West Palm Beach, Florida 33406
that being the address designated by said people for that pur-
pose, by depositing a true copy of the same enclosed in a post-
paid properly addressed wrapper in a official depository under
the exclusive care and custody of the United States Postal
Service at Southold, New York. Said Notice Pursuant to Chapter
90 of the Code of the Town of Southold was mailed to F.Devoe
Bassford, William K. Schmidt, and Joyce-Alyce Honnett by
Registered Mail, Return Receipt Requested. (Copies of said
~ ~/7
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.
.
.
Receipts are attached hereto).
3. On the 30th day of July, 1984, at 10:30 A.M. deponent
posted a true copy of the Notice Pursuant to Chapter 90 of the
Code of the Town of Southold (The Unsafe Building and Collapsed
Structure Law of the Town of Southold) in a conspicuous place on
the premises owned by F. Devoe Bassford, William K. Schmidt, and
Joye-Alyce Honnett on the southerly side of Main Road, (State
Route 25), Cutchogue, New York. (Suffolk County Tax Map Designa-
tion: District 1000; Section 097.00; Block 0200; Lot 010.00).
(!AM;qrV: ~~-
Curtis W. Horton ~
Sworn to before me this
9th day of August, 1984.
~(J~:U/
Notary Public
IAlerTE CORNINE
NOTARY PUllIC. 51010 01 Now York
Sv//olk Counly No. 52.57'2800 tP' /
Commiuion Ex,"'.' Mouh 30, J9-'2-V
~.~.~~"..~~~.". .~~~--~~-~. .-.."~-
Reg. Fee $
I rJZo Handling .--
.. ~ Charge $
: ~~ Postege $ ();). ()
~ ~~ RECEIVE Y
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$ 6;0
POSTMARK OF
POSTMARK OF
Reg. Fee '
I rJ~ Handling --
~ _ Charge $
: ~~ Postege $ a
... lii::li RECEIVED Y
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~ Z FUU VALUE $
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~~Dr9'19 3806 RECEIPT FOR REGISTERED MAIL
POSTMARK OF
t.' ;
I
, .
"
.
.
TEL. 765-1802
TOWN OF SOUTBOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
NOTICE PURSUANT TO CHAPTER 90 OF THE CODE
OF THE TOWN OF SOUTH OLD
Date: July 24, 1984
TO:
F. Devoe Bassford
William K. Schmidt
Joyce-Alyce Honnett
186 Jackson Drive
West Palm Beach, Florida
33406
A. The last Assessment Roll of the Town of Southold shows
that you are the owner of the following described
premises:
ALL that certain plot, piece or parcel of land, with
the buildings and improvements thereon erected, situate,
lying and being in the hamlet of Cutchogue, Town of
Southold, Suffolk County, New York, bounded and described
as follows:
BEGINNING at a point on the southerly side of Main Road
leading from Greenport to Riverhead, being the main high-
way as now laid out with concrete road, at a monument be-
tween land now or formerly of John D. Albertis and Edgar
Hill, and running thence along the said land of Albertis
and Tuthill, South 230 38' East 414.80 feet to a pipe set
in the ground (being the corner of property of Albertis,
Tuthill and Patrick Drumm 1 and running thence North 750
30' West 238.05 feet to a stake adjoining the lands of
Tony DoroskYl running thence North 460 40' West 212.40
feet to the said southerly side of Main Road; thence
North 470 20' East along the southerly side of Main Road
125.10 feet to a monument; thence continuing along the
said road North 540 37' 50" East 155.32 feet to the point
or place of BEGINNING.
Be the same several distances and dimensions more or
less, and containing approximately 1.597 acres.
Suffolk County Tax Map Desigantion: District 1000;
Section 097.00; Block 0200; Lot 010.00.
~k/I- o//l/cW
.
..
.
.
B. The one family dwelling located upon your premises is
structurally unsafe and dangerous and as such consti-
tutes a hazard to safety by reason of inadequate main-
tenance, dilapidation, and abandonment. In particular
there are large holes in the floor rendering it unsafe
to walk upon, the windows and doors are either open or
have been removed exposing the interior to elements.
There is a large hole against the back door and foundation
of the premises creating a safety hazard. Rear portions
of the roof are sagging and the roof rafters are rotted.
Further, you have not adequately fenced and secured the
remains of this structure and have left same exposed so
that small children can be attracted thereto and enter
upon the property at will which is dangerous to their
health and safety.
C. You are hereby ordered to demolish and remove the remains
of this structure.
D. The above work shall commence within ten (10) days from
the date of service of this notice and shall be completed
within thirty (30) days thereafter. Please be advised
that before commencing any demolition work, you will have
to obtain a permit for this purpose.
E. In the event you fail to comply with the above, a hearing
will be held before the Southold Town Board concerning
same at 2:00 P.M. prevailing time on September 11, 1984.
F. If the Southold Town Board after the aforementioned
hearing shall determine that the remains of the structure
is unsafe or dangerous to the public, the Southold Town
Board may order the remains of the structure taken down
and removed.
G. In the event that the remains of the structure shall be
determined by the Southold Town Board to be unsafe or
dangerous and in the event of your neglect or refusal to
remove or correct same within the time provided, the
Southold Town Board may remove such structure by whatever
means it deems appropriate and assess all costs and ex-
penses incurred by the Town of Southold in connection
with the proceedings to remove and secure same, including
the cost of actually removing the structure from the
premises, against the land on which the said structure is
located.
(?~11/ /I~
Curtis W. Hort'o
Building Inspector
.
.
RICHARD F" LARK
ATTORNEY AT LAW
MAIN ROAD _ P. O. BOX 973
CUTCHOGUE, NEW YORK 1193!5
TELEP'HONE 516 734-6807
RECllVEI)
AUG 9184
August 9, 1984
,_Gllt-, -at.
Town of Southold
53095 Main Road - Town Hall
Southold, New York 11971
ATT: Judith T. Terry, Town Clerk
RE: F. Devoe Bassford, William K. Schmidt and
Joyce-Alyce Honnett - Property located on
Main Road, Cutchogue, New York
Dear Mrs. Terry:
As you know from talking with my secretary a Town Board
hearing has been scheduled on the above-captioned matter
for Tuesday, September 11, 1984 at 2:00 P.M., and accordingly,
I am enclosing the following:
1. Notice Pursuant to Chapter 90 of the Code of
the Town of Southold dated July 24, 1984,
signed by Curtis W. Horton.
2. Affidavit of Service by Mailing and Posting
sworn to by Curtis W. Horton on August 9, 1984.
If you require any further information or have any questions
concerning this matter, please do not hesitate to contact me.
Ver~ulY your.~'~4
//t:V~~
~hard F. Lar"k0
RFL : be
Enclosures
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