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HomeMy WebLinkAboutBrownie, Kim I j,' ' .r .....-'~, ,. OFFICE OF TOWN' CLERK \ .... . . TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS SUFFOLK COUNTY TELEPHONE (516) 765-1801 Southold, L I., N. Y. 11971 July 9, 1981 REGISTERED MAIL Kim Brownie 1 Chapel Avenue East Patchogue, New York 11772 Kim Brownie: Enclosed herewith is the determination of the Southold Town Board relative to the premises owned by you on the west side of Wells Road at Peconic, New York. This determination is made in accordance with Chapter 90 of the Southold Town Code, "Unsafe Buildings and Collapsed Structures Law of the Town of Southo Id" . . SENDER: Complete items 1,2, and 3. Add your address in the "RETURN TO" space on reverse. Very truly yours, ~~~~ Judith T. Terry Southold Town Clerk ;)! ~ 0 3 w ~ $ \ ~ ~ L The folJowin~ service is requested (check one). ~how to whom and date delivered. . . . . . . . . o Show to whom, date, and address of delivery. _~ o RESTRICTED DELIVERY Show to whom and date delivered. o RESTRICTED DELIVERY. Show to whom, date, and address of delivery. $.--"- (CONSULT POSTMASTER FOR FEES) .....~ ,;..:.;r , .'. REGISTERED NO'- ::; I '--\ Reg. Fee $ 3}.. ~1f~B~ $ I ~~ Handling Return $ ~ iL Charge $ Receipt Is ;SE p ta $ CI... Restricted i i os ge '- U Delivery $ ~ lii~ R~IVE BY ~ .Ii ~o ..' j~ l~ .ll . ~) ~~~ \ 2. ARTICLE ADDRESSED TO: Kim Brownie 1 Chapel Avenue East Patchogue, N.Y. 11772 3. ARTICLE DESCRIPTION: R31E~ CERTIFIED NO. I INSURED NO. I fAIW8YI obtllin signatul1l of addreaee or autnt) I have received the article described above. SIGNATURE 0 Addressee Authorized agent . . '-~ J /i FULL VALUE $ ] 6. UNABLE TO DELIVER BECAUSE: *C;PO: 197...272-312 " OFFICE OF.ToWN CLERK . '_.J ~.~ JUDITH T. TERRY T O\"'N CLERK REGISTRAR OF VITAL STATISTICS TOWN OFSOUTHOLD SUFFOLK COUNTY :.:--~ TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 7, 1981: WHEREAS, the Building Inspector has heretofor made a formal inspection of the premises owned by Kim Brownie located on the west side of Wells Road at Peconic, pursuant to Chapter 90 of the Southold Town Code, and WHEREAS, the Building Inspector determined that the structure located on the aforesaid premises is dangerous or unsafe to the public and thereafter served notice upon the owner of said premises, and WHEREAS, this Board held a hearing pursuant to Chapter 90 of the Code on the 23rd day of June, 1981 at which hearing the Building Inspector appeared and presented oral and documentary evidence as to the unsafe and dangerous condition of the structure located on the aforesaid premises, and no one having appeared at such hearing on behalf of the owner, NOW, THEREFORE, IT IS DETERMINED AS FOLLOWS: 1. That the structure located on the west side of Wells Road at Peconic, shown on the Suffolk County Tax Map as District 1000, Section 86, Block 1, Lot 10.002, consisting of an open building foundation, unenclosed, is unsafe and dangerous to the public. 2. That the owner has neglected and refused to either secure or remove said structure within the time specified by the Building Inspector. 1 STATE OF NEW YORK I COUNTY OF SUFFOLK ss: Office of the Clerk of the TOWN OF SOUTHOLD ( SEAL) This is to certify thot I, Judith T. Terry, Clerk of the Town of Southold, in the soid County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on the ..I.'.th-....... day of ............;[M.~y............... 19..~.L, and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of soid Town this ....9.~.11..... doy of ...........:!.u})'.................... 19..S.~.. J ~__1 / (--, ..j-/ -- t7 - _._.A.,~. '""' Clerk of the Town Board, Town of Southold, Cc . . HEARING BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 9:00 A.M., TUESDAY, JUNE 23, 1981, SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK, IN THE MATTER OF THE NOTICE OF VIOLATION OF CHAPTER 90 OF THE CODE OF THE TOWN OF SOUTHOLD, "UNSAFF BUILDINGS AND COLLAPSED STRUCTURES LAW OF THE TOWN OF SOUTHOLD", BY KIM BROWNIE. Present: Supervisor William R. Pell, III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Richard F. Lark, Esq., for the Town of Southold SUPERVISOR PELL: This is a hearing held with connection of Local Law No.5 of 1980 of the Town of Southold,Unsafe Buildings and Collapsed Structures with Kim Brownie on Wells Road, Peconic. Mr. Lark. RICHARD LARK, Main Road, Cutchogue, New York: As the Supervisor just announced, the purpose of the hearing is under the Local Law which was passed by the Board to promote the public health, safety and welfare of the residents of the Town and conservation of property and property values. Most important, I think the most important thing you gentlemen will have to keep in mind this morning is to eliminate safety and health hazards. Section 90-3 of this law or ordinance prohibits structures that are unsafe and dangerous and that's the whole purpose of us being here today for you people to make a determination based on the evidence before you. You will be called upon at the termination of the hearing to determine whether the foundation structure is in fact unsafe and dangerous to the public. Then, if you do so find, you will have to make some kind of order directing the building department to either secure or remove it or both of it and what steps should be taken accordingly. On behalf of the Town of Southold I wish to call at this time in the matter of Kim Brownie, George Fisher the Building Inspector. George, will you come over and be sworn in and they just have a seat. SUPERVISOR PELL: Please raise your right hand, George. Doyou promise to tell the truth, the whole truth, so help you God? GEORGE FISHER, Building Inspector: I do. MR. LARK: Mr. Fisher, for the record, could you give your address? A 375 Tuckers Lane, Southold. Q What is your occupation? PAGE 2 - Kim Brdltie hearing . A Building Inspector Q And who are you employed by? A Town of Southold. Q Are you familiar with the property owned by Kim Brownie on Wells Road, Southold, New York? Are you familiar with the property? A I am and it's in the hamlet of Peconic. Q The property owned by Mr. Brownie on Wells Road, are you familiar with it? A Yes. Q Will you tell the court how you are familiar with this property. A Back in 1976 a building permit was issued. I made frequent inspections of the building at that time, and after the build- ing was removed I have inspected the foundation which was left in an unsafe condition. Q Could you describe the size of this property for the Board? A It's approximately 157 ft. wide and averages about 250 ft. deep. Q Now, what's the general topography? A Flat and level. Q Did you have occasion to make a formal inspection of this property? A I did. Q And could you tell the Board when that occurred? A Particularly in January of 1981. also. I have made other inspections Q And as a result of that inspection, what did you find? A The foundation was unsafe and dangerous condition. Q Did you take any photographs? A I did. Q Do you have those photographs with you? A I do. These were taken by Mr. Curt Horton under my direction, and then these were taken by me yesterday afternoon. PAGE 3 - Kim BrJltie hearing . Q The ones taken by Mr. Horton, do you know approximately when they were taken? A Around May of 1981. Q And based on your inspection, I take it you were at the property yesterday, is that correct? A I was. Q Is that a fair and accurate representation of the foundation structure which you just described to the Board? A It is. MR. LARK: I offer that as the Town's Exhibit I, a series of four photographs of the Brownie property taken on May 9, 1981 by Curt Horton. (Photographs so marked Exhibit I.) Q Now, this series of six pictures which were shown me in black add white, these were taken by you yesterday? A They was. Q And that's of the Brownie property on Wells Road? A It is. Q And that's a fair and accurate representation of what is there? A It is. (Photographs taken on June 22, 1981 were marked Exhibit II for the Town.) Q Mr. Fisher, as a result of your formal inspection, did you make a determination as to the condition of the Brownie property on Wells Road in the Town of Southold? A Yes. Q And what was that determination? A A dangerous and unsafe condition and the foundation was left. Q Can you tell us how you arrived at that determination? A Yes, there there were only two takes and in other words you could walk right into a hole and it's a six foot drop. Q You measured the drop? A I did. 62 inches---no, 72 inches. Q As a result of your inspection and your investigation did PAGE 4 - Kim BrJltie hearing . you cause a notice to be sent to the owner? A I did. Q And when did you send that? A May of 1981. Q All right, could you tell me how you sent that notice to the owner? A I sent it registered mail, return receipt requested. Q Did you get a return receipt? A I did. Q And what is the date of your return receipt? A Date of delivery dated 5/13. Q Before I offer that to the Board could you tell us how you determined who the owner of that property was? A I verified it by the town records in the assessors office. Q And they came up with the name Kim Brownie, 1 Chapel Avenue, East Patchogue, New York? A Yes. Q And that is the address that you sent this notice pursuant to Chapter 90 of the Code of the Town of Southold? A Yes. Q And the return receipt, that is also signed by a-- who is it signed by? A Brownie, the first name I cannot be sure. MR. LARK: I guess this would be the Town's Exhibit III, which consists of a notice and the return receipt and the mailings attached, pursuant to the ordinance. (So marked Exhibit III for the Town.) Q As a result of sending that notice I've just given to the Board which was sent on May 4th or thereabouts, did you ever hear any response from the owner, Mr. Brownie, or any of his agents, attorney or anybody that is connected with him? A I have not heard of anything Q Now, as a result of that notice you stated here earlier that you went down and looked at the property yesterday, is that correct? A It is. PAGE 5 - Kim Br~ie hearing . Q Was there any change in the conditions of the property when you looked at it yesterday, than there was on May 4th, the date of your notice? A I did not see any. Q The owner has not done any type of compliance? A ~. Q I specifically refer you to your notice and asked you to tell the Board what you told the owner that you wanted done in your capacity as building inspector. A He is supposed to fill it in and make the foundation secured, or he can go ahead and get a building permit and building something on it. Q Now, for the Board's edification, I'm a little bit confused on that point. Was there a building permit at one time on this foundation in this property? A There was. Q You passed over that did that come about? foundation? rather quickly in the beginning. How Was there a house constructed on this A A the building permit issued for a house to be moved upon this foundation and to be built under that building permit. Q Could you give us the date of that building permit? Now, as I understood you, you issued a building permit to Mr. Brownie to move a house on to this foundation on this particular lot, is that correct? A Yes. The building permit was issued by Howard Terry, December of 1976, No. 8989Z to build a foundation and move a house from the corner of Indian Neck Lane and Main Road on to this foundation. Q Now, that clarifies it. Was the house eventually moved on to that foundation? A It was. Q Was a C.O. ultimately issued by your department? A No, there was not. Q Could you tell the Board why not so they understand what's going here. A After a long period of time he was given notice that he should straighten it up, get a C of 0 and fix it and the result was he tore the house down and removed all the debris and had PAGE 6 - Kim Brottie hearing . pushed in one section of the foundation. Q When did that occur, approximately, if you know? A Approximately around '79. Q After he tore down the house that he had placed there and pushed in the foundation, did you have any discussion with him at all? With him, meaning the owner Mr. Brownie? A No, I have not spoken with Mr. Brownie. Q Did you discuss anything with any of his agents or employees? A I have not. I have sent him a notice which was returned and not received by him. Excuse me, I did try to talk to him on the telephone. Q When was that, roughly? A Around '79. Q Did you discuss this condition? A About the demolition of the building and conditions there. Q Did you ask him at that time that he had to do something about the basement or cellar structure? A I did not speak to the gentleman, just an answering machine. Q So there has been no contact with him personally? You did send him this notice we just talked about pursuant to the statute? A Yes. Q As I understand your testimony, you're saying that you made a determination that that foundation structure as shown in those pictures that the Board has is unsafe and dangerous, is that correct? A Yes. Q And that the corrective action would either be to fill it in or to come back and apply for another building permit and put another structure or decking of some kind on top of that to secure it, is that correct? A Yes. MR. LARK: Does the Board have any questions of the building inspector? SUPERVISOR PELL: Mr. Lark, I would like the record to show that there is nobody here to represent Mr. Brownie. He has been notified PAGE 7 - Kim Br~ie hearing . of this meeting, that it was going to be held, and notified well within the time according to the Local Law, to be here and there is nobody here representing Mr. Brownie. Does the Board have anything they would like to ask Mr. Fisher? COUNCILMAN MURDOCK: As I understand it then, Mr. Fisher, since 1979 Mr. Brownie or his agents have not responded to any of the Town"s overtures to correct this situation; that he has not talked to any representative of the Town to the best of your knowledge, since 1979? MR. FISHER: To my knowledge, I have had no contact with him. SUPERVISOR PELL: Your department? . MR. FISHER: I cannot-- none of my men have mentioned talking with him and I have not received any--- SUPERVISOR PELL: Any other Board member have questions? COUNCILMAN MURPHY: George, when you say you have to fill the foundation, is it necessary to fill the whole foundation or just around the edges so that you don't have a sharp drop? What's the law read? Would it be necessary for him to bring that to grade, the entire area of the foundation or just around the perimeter of the wall? MR. FISHER: I would say that it should be filled up around the perimeter of the wall so there would be a slight slope, providing that there was good drainage at the bottom so as not to cause a water hole. The proper way to be is to fill it in flush. MR. LARK: That would be the proper way to fill it, flush. right across? A Flush and then there is no danger of having a water hole where he could have problems later with water. Q Ever since this condition came to your attention, you office's attention, that this open foundation hole, had it ever been fenced to your knowledge, or any kind of warning signs or anything? A There was two timbers, one of them measured 26 inches up above the foundation that there was a posted notice, sign. I cannot read it. Q Was that put by your department or by Mr. Brownie? A Somebody other than our department put it there. It was two two by eights, one on each front corner. Q Were they sufficient notice to give somebody warning of the hole or excavation hole there? A They could see the hole there and there were sticking up so PAGE 8 - Kim BrJllie hearing . they could be read, yes. Q Are they still there today? A Yes, the two stakes are still there. Q Does that give you adequate notice that there is an excavation you are coming upon there? All right, let me get to the point. Haven't you received complaints from the neighbors in the neighborhood about children that do go on and off that property? A I have received numerous complaints, particularly in the winter- time with snow on the ground and these Ski-Dos and children running across and all of a sudden this sudden drop which is a dangerous condition. Q That was my point. You can come upon this drop-off rather abruptly and not really see it, is that correct? A It could be. Q Because it's not fenced or otherwise--- A Just these two stakes. COUNCILMAN MURDOCK: I'd like to ask the building inspector one other question. If somebody were to go on that property at night, do you think those signs in the dark of night would warn them that there's a six foot drop? MR. FISHER: I'm sure that unless the streetlight happened to be shining on it, there would be no warning. COUNCILMAN sufficient protected? MURDOCK: During the daylight hours, it might have been notice, but during the dark hours the property is un- MR. FISHER: Unprotected, yes. SUPERVISOR PELL: If the Board has no other questions, I will declare the hearing closed. * * * 4~L~~~ ~judith T. TerryC/ ~ Southold Town Clerk ~ ~ , .....1 . .. . TEL. 765-1802 ~.~ .;> TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 NOTICE PURSUANT TO CHAPTER 90 OF THE CODE OF THE TOWN OF SOUTHOLD Date: May 4, 1981 TO: Kim Brownie 1 Chapel Avenue East Patchogue, New York 11772 A. The last Assessment Roll of the Town of Southold shows that you are the owner of the following described premises: ALL that certain piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: c;;Lta ~I'/ ;If"" ~R- BEGINNING at a point on the westerly side of Wells Road where the northerly line of land now or formerly of Agria intersects the said westerly side of Wells Road; running thence South 840 56' 50" West 233.0 feet to land now or formerly of Skwara; thence along land now or formerly of Skwara and lands now or formerly of Fiore and Longo North 210 21' 10" West 163.57 feet to land now or formerly of C. Simon Estate; thence along land now or formerly of C. Simon Estate North 840 56' 50" East 278.91 feet to the westerly side of Wells Road; thence along the westerly side of Wells Road South 50 03' 10" East 157.0 feet to the point or place of BEGINNING. Suffolk County Tax Map Designation: District 1000, Section 87, Block 1, Lot 10.2. B. The open foundation structure on the above-described premises which is owned by you is dangerous and unsafe. Exterior portions of the foundation wall are flush with the existing grade leaving an unprotected and exposed hole approximately five (5) feet deep in some areas thereby causing a hazard and dangerous condition. eIfJ17 I) /17" ( c2 @~.f!d 71~ ~ ;::tt..u' ~; ~ 3,'errpu . . . .., . . . ' C. You are hereby ordered to either: Fill in the exposed foundation hole flush with the existing grade on your premises; or make the foundation secure by fencing the perimeter and completely enclosing same by placing a floor or decking upon the foundation. If you choose the latter course of action you will have to obtain a new building permit as your prior permit issued No. 8989Z has expired. 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. E. In the event that you fail to comply with the above, a hearing will be held before the Southold Town Board con- cerning same at 9:00 o'clock on June 23, 1981'(A. M.l F. If the Southold Town Board after the aforementioned hearing shall determine: that the open foundation structure is unsafe or dangerous to the public, the Southold Town Board may order the open foundation secured or removed. ' G. In the event that the open foundation on your premises 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 foundation structure by whatever means it deems appropriate and assess all costs and expenses incurred by the Town of Southold in connection with the proceedings to remove and secure same, including the cost of actually removing said foundation structure, against the land on which the said foundation is located. ~ ~~/ ,y~/ A~I"'..t / ..?k2.-7L<~(__ George H. Fisher Senior Building Inspector 1. The fu3O'i'oing service is requested (check oae~) o 51-_ to whom on<! dete delivned............ _4 o Show to whom, date and addressol dellvery..._4 o RESTIUCT"...D DELIVERy Show to whom. an44ate dell\ICIeCL.............-4 o R!!SllUCTEDDEUVERy, Show to whom. _.1IDdaddrcuofdel.'Vet)';$- StNDE1l: Complete hems I, 1. ad 3. ~CMI ad;kca; in 1bO "'IlE'tURN TO ..A__ P34 6284689 RECEIPT FOR CERTIFIED MAIL (CONSULT PQS'l'MA5TE& FOR FEES) 2. ARTlCLEADDRESS5DTO: I I 1 NO INSURANCE COVERAGE PROVIOEO- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO III/'! i3}:O'A' N' t.- STREETANDNO ?~ ~ - - ^"F _ 1 <::ri ~t._L r" PO.,STATEAN~If'CODE --- f7'rST f-!,\7r t/OCq.lt; POST AGE (\.( ;:71- , I _1 '" to ~ '" Z '" ~.. ARl1CUOE8CRt1'1'to."40: ---- ~ REG_NO'I W'1~ __REO~" g' 1A___....of~or-" I barte _d <he utlclo 4escrtb,d abaft. E QA4......- QAatbodJ,et... CERTIFIED FEE " ~ w w w ~ 0 w ~ ~ w w ~ u ~ " < '" ffi ~ ~ ~ ~ !i' < z '::; 0 ~ ii: ~ z 0 0 u '" ~ ::: is. " 8 00 M E <; "- C/O 0.. w SHOWroWHOMANO c.) DATE DELIVERED " ~ ~ SHOWTOWHOM.OA,[ ~ ~~~IC~~~ESS OF '" ~ SHOWTOWHOMANoDATE 0::: DELIVEREOWITHRESTRlCTED ~ DELIVERY ~ SHOW TO WHOM~DATE AND 0::: ADDRESS OF DELIVERY WlfH RESTRIC IVERY _6u SPECIAL DELIVERY RESTRICTEO-DEUVE:RT , .." -uNA,iII..R TO~UVE" 8ECA i ~..df '.2sjtf/ - /~ I:'R~ INITIALS ~ *' / / _~,';"~~'''j",-;;;,~''''i.'"'.~_~"'._,_:,.''',-,,,,~,,,. ~!"'. : ". _. ,. :.~, _,- .,' ,:,,,,;,,,,,,-,..;:.<.,.---;:;,_,_, .;.;..,,,;;,;..-..:,:;...;'.:.....~,,~.,.__._.,;..<.-.i.~:..;_.::_~._ , d-}\1emorandum from. . . . .' BUILDING INSPECTORS OFFICE TOWN OF SOUTHOLD TOWN HALL, SoUTHOLD, N. Y. 11971 765-1802 k L- f"f'U //1""'"1.... "'"I I );z, rBljJ. ~ d yYJC41 Crrm~ ;zL, cft;fb cl, ~ ~ )J1A ~. ( r::d Yv..t c.( 0. 4aJJ1: ~ .J1C ~ C< .AN'~ -4-;- tk frv-~ p.v<JV>. v1 . A ~q-e c::L C - r;t/R al/bc/. cI . I ~_ Av-P )J -p:;r:~ ..5\ .7J .cfI. " #' " .' "',. . TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 /llF ~l f.(CV\/L Ccf7 NOTICE PURSUANT TO CHAPTER 90 OF THE CODE OF THE TOWN OF SOUTHOLD Date: May 4, 1981 TO: Kim Brownie 1 Chapel Avenue East Patchogue, New York 11772 A. The last Assessment Roll of the Town of Southold shows that you are the owner of the following described premises: ALL that certain piece or parcel of land, with the buildings and improvem~nts thereon erected, situate) lying and being at peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Wells Road where the northerly line of land now or formerly of Agria intersects the said westerly side of Wells Road; running thence South 840 56' 50" West 233.0 feet to land now or formerly of Skwara; thence along land now or formerly of Skwara and lands now or formerly of Fiore and Longo North 210 21' 10" West 163.57 feet to land now or formerly of C. Simon Estate; thence along land now or formerly of C. Simon Estate North 840 56' 50" East 278.91 feet to the westerly side of Wells Road; thence along the westerly side of Wells Road South 50 03' 10" East 157.0 feet to the point or place of BEGINNING. Suffolk County Tax Map Designation: District 1000, Section 87, Block 1, Lot 10.2. B. The open foundation structure on the above-described premises which is owned by you is dangerous and unsafe. Exterior portions of the foundation wall are flush with the existing grade leaving an unprotected and exposed hole approximately five (5) feet deep in some areas thereby causing a hazard and dangerous condition. " ..,. . TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 /JJ~ rELl l{L'WL Cf1 NOTICE PURSUANT TO CHAPTER 90 OF THE CODE OF THE TOWN OF SOUTHOLD Date: May 4, 1981 TO: Kim Brownie 1 Chapel Avenue East Patchogue, New York 11772 A. The last Assessment Roll of the Town of Southold shows that you are the owner of the following described premises: ALL that certain piece or parcel of land, with the buildin~s and improvem~nts thereon erected, sftuatej lying and being at peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Wells Road where the northerly line of land now or formerly of Agria intersects the said westerly side of Wells Road; running thence South 840 56' 50" West 233.0 feet to land now or formerly of Skwara; thence along land now or formerly of Skwara and lands now or formerly of Fiore and Longo North 210 21' 10" West 163.57 feet to land now or formerly of C. Simon Estate; thence along land now or formerly of C. Simon Estate North 840 56' 50" East 278.91 feet to the westerly side of Wells Road; thence along the wenterly side of Wells Road South 50 03' 10" East 157.0 feet to the point or place of BEGINNING. Suffolk County Tax Map Designation: District 1000, Section 87, Block 1, Lot 10.2. B. The open foundation structure on the above-described premises which is owned by you is dangerous and unsafe. Exterior portions of the foundation wall are flush with the existing grade leaving an unprotected and exposed hole approximately five (5) feet deep in some areas thereby causing a hazard and dangerous condition. 4. . .' ~ D. -l F. G. c. You are hereby ordered to either: Fill in the exposed foundation hole flush with the existing grade on your premises; or make the foundation secure by fencing the perimeter and completely enclosing same by placing a floor or decking upon the foundation. If you choose the latter course of action you will have to obtain a new building permit as.your prior permit issued No. 8989Z has expired. 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. In the event that you fail to comply with the above, a hearing will be held before the Southold Town Board cerning same at cr~'o'clock on June 23, 1981. If the Southold Town Board after the aforementioned h aring shall determine: that the open foundation structure is unsafe or dangerous ,to the public,.the Southold Town Board may order the open foundation secured or removed. In the event that the open foundation on your premises 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 foundation structure by whatever means it deems appropriate and assess all costs and expenses incurred by the Town of Southold in connection with the proceedings to remove and secure saine, including the cost of actually removing said foundation structure, against the land on which the said foundation is located. George H. 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