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OFFICE OF TOWN' CLERK
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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
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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
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FULL VALUE $
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6. UNABLE TO DELIVER BECAUSE:
*C;PO: 197...272-312
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OFFICE OF.ToWN CLERK
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JUDITH T. TERRY
T O\"'N CLERK
REGISTRAR OF VITAL STATISTICS
TOWN OFSOUTHOLD
SUFFOLK COUNTY
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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.~..
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Clerk of the Town Board, Town of Southold, Cc
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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
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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
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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
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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
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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
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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
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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
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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
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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.
* * *
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~judith T. TerryC/ ~
Southold Town Clerk
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TEL. 765-1802
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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:
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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.
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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.
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George H. Fisher
Senior Building Inspector
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BUILDING INSPECTORS OFFICE
TOWN OF SOUTHOLD
TOWN HALL, SoUTHOLD, N. Y. 11971
765-1802
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, N. Y. 11971
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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.
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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.
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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. Fisher
Senior Building Inspector
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