HomeMy WebLinkAboutDeChiara, Joseph
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
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APRIO _
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April 11.1986
To:
Judith T. Terrv
Town Clerk ~
Victor G. Lessard~
Exec. Admin.
From:
Re:
DeChiara Unsafe Building
Subject building has been satisfactorily removed and
the area graded properly. I would suggest that all
requirements have been met & the file be closed.
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JUDITH T. TERRY
TOWN C LFR h:
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 10, 1986
To:
Victor G. Lessard
Executive Administrator
From:
Judith T. Terry, Town Clerk
Re:
DeChiara Unsafe Building
I would like to close the file on the Joseph DeChiara violation of
Chapter 90 of the Code of the Town of Southold, with respect to
certain property on the Main Road, East Marion. (July 1985)
May I have a final report from your office?
Thank you.
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 3, 1985
REGISTERED MAIL
RETURN RECEIPT REQUEST
Joseph DeChiara
33-20 85th Street
Jackson Heights, New York 11372
Dear Mr. DeChiara:
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
Enclosed herewith is the decision of the Southold Town Board
adopted at their regular meeting held on July 2, 1985 relative to the
matter of a violation of Chapter 90 of the Code of the Town of
Southold.
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Joseph DeChiara
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Jackson Hei hts, New YI
PS FORM 3806 RECEIPT FOR REGISTERED ~
July 1983 (See Info,..
Very truly yours,
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Idith T. Terrv
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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 JULY 2,1985:
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of the premises owned by Joseph DeChiara, premises described in a
deed dated December 13.1984 from the County of Suffolk to Joseph DeChiara,
recorded in the Suffolk County Clerk's Office on December 18. 1984, in Liber
9697. page 277. also referred to as: Suffolk County Tax Map Designation: District
1000. Section 031.00. Block 07.00. Lot 007.00. and thereafter prepared a written
report thereon 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 demolish and remove
the remains of this structure. removal to commence within ten (10) days from the
date of the service of said notice and that the same be completed within thirty (30)
days thereafter, and
WHEREAS. the owners of said. premises has neglected or refused to comply with
the provisions of said notice within the time specified therein. and
WHEREAS. a public hearing on said matter was held by this Board on the 2nd day
of July, 1985.
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 July 2,1985, this Board does hereby determine that the build-
ing or structure located on said premises is unsafe or dangerous to the public.
2. That this Board does hereby determine and order that the owners of the
building or structure on said premises shall erect a six (6) foot high chain link fence
around the immediate area of the building. acceptable and approved by the Building
Inspector. within fifteen (15) days from this date. and the owners of the buildina or
structure on said premises shall make safe. to the approval of the Building Inspector.
or remove the building or structure on said. premises on or before the 2nd day of
August, 1985. .
3. In the event that the owners shall neglect or refuse to fence and secure
or take down and remove said structure from said premises within the time specified
in the preceeding paragraph. then and in that event the Supervisor be and he here-
by is authorized 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.
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Page 2 - Joseph DeChiartt
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4. That thereafter this Board shilll, 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.
5. 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.
6. 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.
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Judith T. Terry ~
Southold Town Clerk /
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HEARING
SOUTHOLD TOWN BOARD
JULY 2, 1985
9:30 A.M.
IN THE MATTER OF A VIOLATION OF CHAPTER 90 OF THE CODE OF THE TOWN
OF SOUTHOLD (THE UNSAFE BUILDING AND COLLAPSED STRUCTURE LAW OF
THE TOWN OF SOUTHOLD) BY JOSEPH DeCHIARA.
Present: Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Counciman James A. Schondebare
Councilwoman Jean W. Cochran
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Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: This isa hearing under the Unsafe Building and Collapsed
Structure Law by Joseph DeChiara. This matter will be presented by Attorney
Richard Lark and Curtis Horton, Building Inspector.
RICHARD F. LARK, Special Attorney for the Town of Southold: Good morning
Mr. Murphy and members of the Town Board. This is a hearing pursuant to Chapter
90 of the Code of the Town of SouthoJd on an unsafe building owned by a Joseph
DeChiara. DeChiara's address is 33-20 85th Street in Jackson Heights, New York,
and that's based on the assessment roll. The property involved is! in East Marion.
It's on the Main Road and it borders on the south by the Main Road, as I understand
it, for 113 feet and then runs back to the lake. Lake Marion, and on the west is
property owned by Dieserud and Manfredi, and on the east by Fioravantes. That's
the best description we have. I'll be putting a deed in and the deed has got a vague
description because he purchased it from the County of Suffolk back in 84. Okay, at
this time. Mr. Murphy. I would like to get the hearing started by calling our only
witness. which will' be the Building Inspector Curtis Horton. Will you have him sworn
in.
SUPERVISOR MURPHY: Curt. would you raise your right hand. The testimony you
are about to give is the whole truth and nothing else but the truth. so help you God?
CURTIS W. HORTON, Building and Ordinance Inspector. Town of Southold: I do.
SUPERVISOR MURPHY: Thank you.
MR. LARK: Okay. Mr. Horton,. you can speak into that microphone so the Clerk
can pick it up on the transcript on the tape. Could you give us your name and
address for the record?
DIRECT QUESTIONING OF CURTIS HORTON BY SPECIAL ATTORNEY LARK:
A My name is Curtis Horton. I live on Mason Drive. Cutchogue.
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Page 2 - Joseph DeChiare
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Q Okay. And are you employed by the Town of Southold?
A Yes.
Q And in what capacity?
A As a Building and Ordinance Inspector.
Q And how long have you been so employed?
A I'm starting my eighth year.
Q Okay. Prior to being employed by the Town of Southold, what was your
occupation?
A As a building constructor.
Q And how long were you engaged in that occupation?
A Thirty years.
Q And did you have occasion to inspect property owned by Joseph DeChiara on
the Main Road in East Marion?
A Yes, I did.
Q What was the occasion or purpose of that inspection?
A I inspected this property because we received a letter from the Planning Board,
who had received one from the East Marion Fire District in their complaint about the
conditions of this building almost directly across the street from their fire house.
Q And that's the fire house in East Marion?
A Correct.
Q Okay. Now I'm handing you a piece of paper and ask if you could identify
that?
A Yes, this is the complaint we received from the Planning Board.
Q Okay. And was there any attachments thereto?
A Yes, there was. A letter from the East Marion Fire District.
Q Okay. And it was based upon this complaint received by the Building Depart-
ment that caused you to inspect these premises?
A Correct.
Q Okay. I'd like to put that complaint in as Town's Exhibit I.
(Town's Exhibit I - Letter dated February 11, 1985 from Joseph Cherepowich, Secretary,
East Marion Fire District to Town of Southold, Planning Board, Main Road, Southold,
N.Y. 11971, reference condition of the old Gene Brooks home which is located on the
south side of the Main Road in East Marion across from the Angel deli; AND letter
Page 3 - Joseph DeChiar.
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dated February 13, 1985 from Bennett Orlowski, Jr., Chairman, Southold Town
Planning Board, by Diane M. Schultze, Secretary, to Victor Lessard, Executive
Administator, Building Department, Town of Southold, Southold, NY 11971, Re:
Unsafe Building at East Marion, transmitting letter from East Marion Fire District.)
Q Okay, as a result of getting that complaint, did you go down and inspect this
property?
A Yes, I did.
Q And could you tell us when you did that, Mr. Horton?
A On February 14th, 1985. Approximately 2:30 in the afternoon.
Q Okay, just so you can acquaint tlle Board with the property, could you tell us
just generally what the dimensions of the property are and its general location?
A Well, there's a little store just before the East Marion Fire House. It's almost
directly across the street from this store. It's about 113 feet on the Main Road.
It goes back to the Lake approximately five and a half acres of land all told.
Q And are there any structures on this property, sir?
A As far as I know there's just one single family dwelling.
Q Okay. And on February 14th did the premises contain this single family
dwelling?
A Yes, it did.
Q Was it occupied?
A No.
Q All right, could you describe what you did after you got to the premises on
that day? --- About what time of the day was it?
A 2: 30 in the afternoon.
Q Okay. Could you tell us what you did?
A I got out of my car, which I parked out front. There's no driveway going
in to this property and it's all grown up, and I went on the neighbor's property,
there's a little driveway there, and cut across his fence and I got to the rear of
the property. The main part of his house is two stories high. None of the windows
are in tact. There are five windows and door in the front and they are completely
gone. On the east side of the building there are three windows that are broken,
plus a large section, 12 feet by 8 foot high on the second floor that is right out of
the side of the house. In the rear of the house, the two story part, there are large
gaping holes. The sills are completely rotten and gone. There are large holes in
the second floor story. Large holes in the first floor. There was a door down to
the cellar that is gone. Loose timber hanging and debris everywhere. To the rear
of this house was attached--it's very hard to tell what it was--of shed type construction,
an addition--two additions. They are completely gone. Sidewalls, roof, windows,
everything, are all fal/en i.n and like that. There was--of the house--another one
story section that must have been built with the two story section that is completely
gone.
Page Li - Joseph DeChiarae
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Q When you say "completely gone", could you be a little bit more specific?
A The roof is all collapsed.
Q All right, that's what I was asking.
A This place--I call this place a complete disaster. There is nothing usable in
the house anywhere, including the siding. There are large gaping holes in the roof.
The place must be removed. There is a fence on the east side that mustihave been
put up by the neighbor, but that is only three foot high. That is for security
reasons. Also, when I returned to my car approximately an hour later I talked to
a neighbor and he said the place has been a disaster for forty years and needs to
be torn down.
Q All right. Could you tell from your inspection how old the structure was from
doing your inspection?
A I would say it's well over 100 years.
Q I s the interior, as I understood you, was exposed to the elements?
A Correct.
Q Okay. And from your inspection was there any furniture or anything inside
would look like it had been inhabited in recent times?
A Hasn't been--nobody's lived in this house I would say at least ten years.
Q Well, was there any bathroom facilities?
A I didn't dare go upstairs. I have some pictures I took later on that will show
you what the inside looks like.
Q All right. After you completed your inspection, what, if anything, did you do?
A I went back to the office, found out who the owners were, checked it all out this
way here.
Q Did you prepare a report?
A Yes, I did.
Q Okay, I'm showing you---
A
Yes, this is my report.
put it on a tape first and then had this typed over.
Q And prior to preparing that report you made the determination that the building
was unsafe or dangerous, is that correct?
A Yes, I did.
Q Okay, and then based on that you made this. report?
A Correct.
Q Okay. I put it in as Town's Exhibit II, the report of the Building Inspector,
dated February lLi,1985.
Page 5 - Joseph Dechiarlt
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(Town's Exhibit II - Report of Building Inspector Curtis W. Horton, dated February
14, 1985, relative to condition of DeChiara building.)
Q Okay. Now, after you did your report, did you determine who the owner was?
A Yes, I did.
Q And how did you make that determination?
A By examining the tax records.
Q Okay. And who did you determine that the owner was?
A Mr. DeChiara.
Q Okay. And now I'm showing you a piece of paper, can you identify that?
A Yes. This is the deed--I took a copy of it from the tax office.
Q And where did you get that deed from?
A The tax office.
Q And that's how you determined that the owner was Mr. DeChiara, with his
address and everything?
A Correct.
Q Okay, thank you. Put in this as Number III, the Town's Exhibit, a deed dated
December 13, 1984 from the County of Suffolk to Joseph DeChiara.
(Town's Exhibit III - Suffolk County Bargain and Sale Deed, dated December 13, 1984,
between the County of Suffolk and Joseph DeChiara, recorded December 18, 1984.)
Q This is on February 14th of this year, correct?
A Correct.
Q All right. After you did all of these things, what did you do then, if anything?
A On further investigation I found out a bonafide Building Permit had been issued
on this property.
Q Okay. And where did you make that determination from?
A By checking records.
Q Okay. And I just handed you a document. Can you identify that?
A Yes, this is a copy of the Building Permit.
Q And what date does it bear thereon?
A January 4th, 1985.
Q Okay. And then that was issued to Mr. DeChiara?
Page 6 - Joseph DeChiartt
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A Correct.
Q Okay. And that Building Permit, did it have any plans or anything attached
thereto?
A Yes, it did.
Q All right. I'm posing some prints of some plans of the building and ask you if
you can identify those?
A Yes, these are the plans that was in the files,
Q Okay. And that is the detail of the Building Permit Applicastion of what the
owner intended to do when he took that Building Permit out in January of this year?
A Correct.
Q Okay. Now, since--if I could have those back--now, since taking the Building
Permit out, what, if anything, was done by the owner to the property from February
1 qth until today?
A
done.
I last inspected this property on June 26th, 1985 and absolutely nothing has been
The only thing I could say, the condition has gotten worse.
Q All right, I put this in as Town's Exhibit IV, would be the Building Permit with
the plans attached.
(Town's Exhibit IV - Application for Building Permit, dated December 20, 198q, signed
by Joseph DeChiara, 33-20 85 St., Jackson Heights, Queens, N. Y. 11372, and plans
labeled "Restoration of existing 1-family dwelling, Main Road, Eat Marion, L.I., dated
lo-15-8Q, Marlo & DeChiara/Architects, 222 E. 31 St., N.Y.C., First Floor Plan and
Second Floor Plan - 2 sheets.)
Q Okay. Now, did you cause a Notice to be sent to the owner pursuant to Chapter
90 of the Code of the Town of Southold?
A Yes, I did.
Q And when did you cause that to be done, Mr. Horton, if you recall?
A On May 20th, 1985 I posted on the unsafe building.
Q I ask you if you caused a Notice to be sent to the owner pursuant to Chapter 90?
A Yes, we sent the Notice out on May 17th, 1985.
Q Okay. Now, could you tell the Board why you waited from February 1 Qth, when
you made a determination that the building was unsafe, until May 17th, 1985, to send
out the Notice?
A The reason I did this is because we found out there was a Building Permit issued
on this property and we figured, well, he can start it, :but no effort was made and
spring came and if anybody was going to do anything they should be starting. In the
meantime I went to a meeting and---
Q What kind of a meeting did you go to?
Page 7 - Joseph DeChiar.
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A Fire District's meeting and the Commissioners of the EasLMarion Fire District
wanted to know when we were going to do something.
Q Okay. And it was at this prompting that you caused a Notice to be sent to the
owner?
A Correct.
Q Okay. Now, I handed you a document and ask you if that's the Notice?
A Yes.
Q Okay. All right. And appended thereto is an Affidavit by you on the 28th of
June. is that correct?--Is that your signature on there?
A Yes, it is.
Q Okay. And then that Affidavit is the one where you have sworn that you sent
the Notice--served a copy of the Notice by Registered Mail on the 17th of May, 1985
and posted the property on the' 20thi,of May, 1985, is that correct?
A Cor rect.
Q Okay. I put those in as Town's Number V. They may go as one, Mrs. Terry,
both the Notice and the Affidavit of Posting.
(Town's Exhibit V - Affidavit of Service By Mail & Posting, "In the Matter of a
Violation of Chapter 90 of the Code of the Town of Southold by Joseph DeChiara,"
sworn to by Curtis W. Horton, Building Inspector on the 28th day of June, 1985,
AND "Notice Pursuant to Chapter 90 of the Code of the Town of Southord') Joseph
DeChiara, 33-20 85th Street, Jackson Heights, New York 11372, signed by Curtis
W. Horton, Building Inspector.)
Q Now, since sending out that notice and posting the property in May of this year,
have you heard anything from the owner, Mr. DeChiara, either by telephone or any
other method?
A I have not heard anything from this gentleman.
Q Okay. Now, you said when you were <It the property on February 14th you
caused some pictures to be taken, is that correct?
A Correct.
Q All right. I'm handing you a series of six pictures and ask you if you can
identify those?
AYes, these are the pictures [ took on February 14th.
Q And that's the DeChiara premises that you did the inspection on?
A Correct. Yes.
Q And are they a fair and accurate representation of what the building looked
like on that date?
Page 8 - Joseph DeChian~
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A Cor rect.
Q I put : those in as Town's Exhibit VI, and for purposes--VI, A,B,C,D,E, and F
would be the way to do it.
(Town's Exhibit VI - Six photographs, dated February 14, 1985, A-east inside, B-rear
second floor, C-east rear, D-front, E-rear, F-east.)
Q Okay. Now, when you posted the property on May 20th you testified to, is that
right?
A Correct.
Q Did. you have occasion to do another inspection of the place at that time?
A Yes, I did. When I posted it I took more pictures.
Q All right. And I just handed you a series of five pictures, is that correct?
A Yes.
Q Are those pictures you took of the premises owned by Mr. DeChiara on May 20th,
1985?
A Correct. I managed to get inside the house this time by the front door and these
are the pictures I took from standing in the front entrance way,
Q And those are the interior of the premises?
A Correct.
Q And they are a fair and accurate representation of what's depicted therein on
May 20th, 1985?
A Yes.
Q I put those in as Exhibit VII, A,B,C,D,E, I guess.
(Town's Exhibit VII - Five photographs, dated May 20, 1985, interior photographs,
designated A,B,C,D,E.)
Q Now, you stated that on June 26th you went back to the premises, is that right?
A Correct.
Q And did you look around and inspect the house again?
A Yes, I did.
Q And did you take any photographs at that time?
A Yes, I had to take them from a little distance away because the property--if you
look in the pictures you'll see it's all overgrown now and it's almost physically impossible.
unless you ruin your clothes and everything else, to really get to where you can see it.
Q Now, the pictures that I've just handed to you, were those taken by you on that
day?
Page 9 - Joseph DeChiar.
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A Correct.
Q Which was June 26th?
A 26th.
Q And they're.a fair and accurate representation?
A They are.
Q Put these in as Town's VIII, A,B,and C.
(Town's Exhibit VIII - Three photographs, dated June 26, 1985, exterior photographs,
designated A, B, C,)
Q Okay, Mr. Horton. Now, in your OpiniOn, after you've inspected these premises
on these three different occasions, and written various reports, and looked at the
Building Permit, plans and everything, in your opinion, does this building, owned by
Mr. DeChiara, down in East Marion, that you've just described, is that capable of any
type of repair, in your opinion?
A Well, it's going to cost a lot more than it's worth. What I mean is, sure, you
can fix everything if you want to, but you'd have to replace practically everything.
I f you look at the details of the pictures the floor joists---
Q That's where I was coming from. In order to repair it you'd have to pretty much
tear it all down, is that correct?
A Correct. And the foundation is bad, so they'd have to do a lot of major work.
Q And you say the foundation is bad. Are you talking from a structural point
of view.
A Where it's been removed, parts have been removed and everything else. It's an
old foundation and it wouldn't be practical for this kind of construction, unless they
rebuild it.
Q So that would have to be removed.
A It should be, yes.
Q Okay. Is that to meet State standards and Building Code?
A Yes, because this here now--this building is over 50%--well over 50%. You could
say, I'd say 95% and the State Code---
Q When you mean by it's "well over 50%", what do you mean?
A In the State Code it says any time a building is being replaced over 50% of value
it must be brought up--the entire building--to the State Code, Construction Code.
Q Okay. So, in other words, your saying that the building exceeds more than 50%
of deterioration and value for replacement purposes?
A Correct.
Page 10 - Joseph DeChia.
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Q So, therefore, the entire structure would have to be brought up to standards,
is that correct?
A Correct.
Q And is it my understanding then in order to do this you would have to raze
or tear down this structure in order to accomplish this?
A Correct.
Q Okay. Now, in its present form, is this building structurally safe?
A No.
Q And you say it is not. Could you be explicit as to why it is not structurally
safe from a construction point of view?
A If you look at the pictures you'll see like the second story on the east side,
I think it is, there's a gaping hole right there where the rest of the roof could
collapse at any time. If you look at other pictures where the floor joists are gone.
There has been somebody inside the building stripping stuff out of the inside. I
don't know when. Looks like a couple years ago, I don't know, but you see other
parts of this building is ready to collapse. Yes.
Q Now, does this building in its present situation as it now stands constitute a
hazard of safety?
A Yes, it does, because there are definitely signs of people that have been in the
inside and if you look at the markings on the wall, there are beer cans inside the
building and different stuff and there has definitely been some type of - -some body's
been inside this building.
Q Okay. Now, this structural unsafeness that you talk about, has that been caused
by inadequate maintenance, dilapidation and obsolesence?
A Correct.
Q And in your opinion the building is structurally unsafe, is that correct?
A That is my opinion.
Q Okay. Now, what would you recommend to the Town Board to be done with this
building?
A Well, if this man is going to rebuild this building, they should order him to tear
it down now or at least secure it, fence it in, the whole area and not leave the
conditions that is there right now.
Q Okay. Now, but you say if he's going to repair it--his Building Permit, as I
understood, that we put into evidence, was for a repair;
A Correct.
Q The Building Permit--the plans acknowledge that there is a lot of rotten wood
that needs replacement and everything.
A Correct.
Page 11 - Joseph DeChia.
.
Q But as I understood your testimony here this morning, the entire building would
have to be replaced?
A It would have to be major, major--what I mean there are definitely there have got
to be spots you can save, but the cost would be prohibitive.
Q All right. So the Building Permit, as I understand you that you have in the
Building Department, which is still valid because it has a year to run, is that right?
A Correct.
Q Would not be proper as it's presently applied for?
A As it's presently applied for, the Building Permit I would call out of order.
Q Okay. That's what I was getting at, okay? So, what are you recommending that
the Town Board get him to do as a result of your examination of this property?
A Well definitely they got to order him to secure to keep everybody out of there
right away, and I don't mean by a snow fence either, I mean it would have to be a
secure fence and let him come in here and submit better and more detailed plans of
just exactly what he's going to do if he's going to try to save this place.
Q Well, in your Notice that you sent out pursuant to Chapter 90, you ordered him
to demolish and remove the remains of the structure.
A Correct.
Q So are you in essence recommending to the Board that the construction be
demoli shed?
A I think it should go down, yes.
Q That's your opinion?
A Correct.
Q That's what you're recommending to the Board?
A Yes.
Q All right, Based on your experience, how long would this take to accomplish
this, to have the building knocked down~-the premises secured, the building knocked
down and removed?
A I would say it could be done in 30 days.
Q Okay. And is it your recommendation then to the Board that if they agree that
the building is structurally unsafe and dangerous to give the owner 30 days in which
to have it demolished and removed?
A . Correct.
MR. LARK: I have nothing further, Mr. Murphy. If any of the Board members,
before we close the hearing, have any questions of Mr. Horton, go aHead.
Page 12 - Joseph DeChia"
.
SUPERVISOR MURPHY: Curt, what is going to happen with the present Building
Permit? Is this going to be revoked?
MR. HORTON: I will have to take it up with Mr. Lessard. I think, personally, the
way the details are--it's not enough detail on these plans and if you look at the
pictures and everything else and this Building Permit was issued and there's very
little detail. They didn't tell in the Building Permit. Like as Building Inspectors
if we get a set of plans and we don't have a chance to run up there and check every
building. I think it's misrepresentation.
MR. LARK: By the applicant? That's what Mr. Murphy's asking.
MR. HORTON: Correct.
MR. LARK: So there is a possibility that the Building Permit as presently constituted
would be revoked, is that correct?
MR. HORTON: Right. If you look on the estimated cost--$l'O, 000. I mean it's-n
SUPERVISOR MURPHY: That was the next question. Do you think the work could
be done for $10,000.
MR. HORTON: No, that laughable.
MR. LARK: Just answer the question.
MR. HORTON: Impossible, impossible.
MR. LARK: What would you think would be more of a fair estimate then to reconstruct
this building to make it structurally safe?
MR. HORTON: Well over $100,000.
MR. LARK: Okay, thank you. So it's woefully inadequate, the $10,000 figure put
on there, is that right?
MR. HORTON: Correct.
MR. LARK: That's what he was asking.
SUPERVISOR MURPHY: Okay, does any Board member have any other questions?
COUNCILMAN STOUTENBURGH: Curt, did you try to call this person by phone?
MR. HORTON: I've never contacted him. I was told he was in the office once. I
don't know who he saw or anything else, but I have not seen this gentleman and he
has not called, me, nope.
COUNCILMAN STOUTENBURGH: Where you say you couldn't contact him by letter,
would think maybe a call might---
MR. HORTON: I don't think it's our duty to call everybody. We sent him a bonafide
notice. He's supposed to call us.
COUNCILMAN STOUTENBURGH: Well, when you're going to demolish a building I
think it's---
Page 13 - Joseph DeChia.
.
MR. HORTON: Well, he had plenty of opportunity to get in touch. Most every time
we've ever done this in the past a lawyer or somebody has contacted us personally.
Not once, many times.
COUNCILMAN STOUTENBURGH: My point is that seeing we haven't had any contact,
that looks like 30 days is going to go by and we're going to wind up---
MR. HORTON: I was told he was in the office but I never saw him.
COUNCILMAN STOUTENBURGH: ---we're going to wind up taking the thing down.
I'd prefer to have some sort of contact, if we could get him to do it.
SUPERVISOR MURPHY: Who saw him in the office, Curt?
MR. HORTON: I don't know. I really and truly don't know. All I know I was told
he was in there. I don't know if one of the girls saw him or who it was.
SUPERVISOR MURPHY: Joe, you have a question?
COUNCILMAN TOWNSEND: Yes. Curt, referring to Paul's question, I notice that
the communication you sent was sent Registered Mail and we have the receipt, so he
did get the---
MR. HORTON: Oh, definitely.
COUNCILMAN TOWNSEND: Obviously he intended to renovate the property. In your
testimony you did state it was possible for him to renovate that property--at great cost--
probably cost greater than it would be to build a new structure of equivalent square
footage.
MR. HORTON: Correct.
COUNCILMAN TOWNSEND: I would like to see that door not slammed if it is his desire
to expend that money and build a house that would be appropriate for that setting,
because every other building along that--that structure is of a similar design and appear-
ance.
COUNCILMAN STOUTENBURGH: It's a classic building.
COUNCILMAN TOWNSEND: If it is possible to have him secure that building--if his
intent is to restore the building within a certain specified period of time, and if it
is possible to prote.ct that building from the community and the community from the
building, would you--well, let me just address this question. Is it possible to do
that? You seem to imply in your testimony---
MR. HORTON: I think I already said, yes, they could fix it up if -- but I said he
should secure the property, make it safe and he's got to update the plans, tell us
what he's doing.
COUNCILMAN TOWNSEND: And he has to submit a new Building Permit?
MR. HORTON: Well, even if he amended--bring in definitely what he's going to do
and make his corrections. If you look on the plans there, it don't line up with the
building down there. If you really go through it, the back part's gone, he's got
two stories there. I don't know where he got the wing sitting out there. There's
no detail or anything else, no measurements, no nothing.
Page 14 - Joseph DeChia.
.
COUNCILMAN TOWNSEND: And it would have to be brought up to Building Code
because it is obviously more than 50%.
MR. HORTON: Correct, absolutely, absolutely.
MR. LARK: Excuse me. You mean to tell me that from your inspection that the plans
he submitted don't match the footprint of what's down there?
MR. HORTON: That's right.
MR. LARK: So they might not even be of the same structure, is that possible?
MR. HORTON: That's right.
MR. LARK: Okay. When I looked at it, looked at what he inspected and his report,
I said, is this one and the same? He said, I don't know.
COUNCILMAN STOUTENBURGH: But it'd have to be the same building.
MR. LARK: I would say so based on the application, but--
COUNCILMAN STOUTENBURGH: I mean if you're rebuilding you have to have a building
to rebuild I would think.
MR. HORTON: There's no details if you look at the plans.
COUNCI LMAN TOWNSEND: So perhaps we could develop a schedule of when we would
have to have a revised Building Permit and you would have to come up with some idea
of what would have to be done to the building if he wanted to secure it, or it would
have to be destroyed by X time.
MR. LARK: You mean an outside date?
COUNCILMAN TOWNSEND: Yes, set an outside date. Since he has expressed a desire
to restore the building and he has submitted blueprints, albeit incorrect, and the
Building Permit, and he has expressed some interest in restoring the building, I think
that maybe we shouldn't slam the door and tell him it must be torn down, if he shows---
MR. HORTON: Well, I think I said if you can turn around and make some kind of a
length of time he should start something, securing the property at least.
COUNCILMAN TOWNSEND: So we should maybe specify--this should maybe be in more
proper terms a discussion on the decision, but, specify times and things that have to
be done. What in your opinion would have to be done to make that building safe for
the community?
MR. HORTON: There's no way you can board it up. I mean if you look at the cost
it would be--there are parts that are falling down. There's no way you can board this
up. The only way you could do it is fence it in, secure it.'
COUNCILWOMAN COCHRAN: What's the date on the letter that Curt sent, the Building
Department sent?
SUPERVISOR MURPHY: You don't have the date on the letter of the Notice to this man.
MR. LARK: That's why I submitted them both at the same time. You have to look at
the Affidavit of Service, when they sent it out. It was the 17th of May. That's when
Page 15 - Joseph Dechia.f
.
it was sent out by Certified Mail.
COUNCILWOMAN COCHRAN: And you've had no response from the gentleman at all?
MR. HORTON: I was told, like say, he was supposed to have been in the office.
I don't know who spoke to him.
COUNCILWOMAN COCHRAN: Can we find that out?
MR. LARK: Does anybody know? I asked that question this morning and got no response.
MR. HORTON: I just know that he was there. Somebody told me. I don't know right
this minute.
SUPERVISOR MURPHY: Well, if the man--it seems odd that nobody knows who the man
is or and if he was out here. Is Victor here?
COUNCILWOMAN COCHRAN: I would like to know if the gentleman was here in the
office.
MR. LARK: Want me to check?
COUNCI LWOMAN COCHRAN: Please.
(The Board recessed for five minutes.)
SUPERVISOR MURPHY; We will reconvene on the unsafe building of Joseph DeChiara
and turn it back over to our Special Attorney Dick Lark.
MR. LARK: I just consulted with the Building Department and it turns out a few days
after May 20th Mr. DeChiara either called or came into the office and left a memo for
Mr. Horton with no forwarding or anything, just the fact that he was there. I<\pparently
one of the secretaries took it and put it on his desk when he was away on vacation and
he never did come back and there was no note to call. So based on that I'm going to
recommend, since you're going to--according to past practice you're going to want to
see the property anyway, because one of my applications here is for you to declare this
building unsafe pursuant to the provisions of the Code, a fter you see it and consider
the testimony and now what's going to be done after that determination, which I'm
requesting you to find. Mr. Horton by Friday, he said that he was going to make an
effort to try to contact the owner--we have his address, but we don't have his phone
number, but we'll see what we can do. Said he would contact him, discuss with him
what, if anything, he's going to do and then he'll report back to the Board with a
note--li.ke a Jetter to you that he had talked to him on such and such a date and what,
if anything, the owner would do, so if you do declare it unsafe and, as Mr. Townsend
suggested, you work out some kind of timetable, he's got X number of days to do fencing,
X number of days to do Building Permit, X number of days to do repair, with an out-
side date if it isn't done by then it will have to be demolished or something done. Then
that information should be available to you so that you can make a speedy decision on
this. He'll try to get him today, but with the holiday being what it is and people
leaving tomorrow, I'm just going to try to allow him until Friday to find out what he
can do.
SUPERVISOR MURPHY: He might move in for the weekend.
MR. LARK: I have nothing further, except respectfully thank you for your indulgences
and if you would please look at the property and then make your determination and
Page 16 - Joseph DeChia'
.
have this information for you, what if anything the owner intends, since he did not
show up here today.
SUPERVISOR MURPHY: Okay, at this time I'd like to close this hearing.
* * *
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Judith T. Terry ~
Southold Town Clerk
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TEL. 765-1802
TOWN OF SOUTHOW
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 SOUTHOLD
Date; Joseph DeChiara
33-20 85th Street
Jackson Heights, New York 11372
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 Town of Southold, County of
Suffolk and State of New York, and Acquired by Tax Deed
on February 10, 1981, from Jean H. Tuthill, the County
Treasurer of Suffolk County, New York, and recorded on
February 11, 1981, in Liber 959, cp 374, and otherwise
known as and by Town of Southold, North by Main Road
and Another, East by Ernest Radford, South by Lake and
West by Dieserud and Another.
Said premises being the same premises described in
a deed dated December 13, 1984 from the County of Suffolk
to Joseph DeChiara, recorded. in the Suffolk County Clerk's
Office on December 18, 1984, in Liber 9697 page 277.
Also
nation:
007.00.
referred to as: Suffolk County Tax Map Designa-
District, 1000, Section 031.00, Block 07.00, Lot
B.. The two story building on your premises is structurally
unsafe and dangerous and as such constitutes a hazard
to safety by reason of inadequate maintenance, dilapida-
tion, obsolescence, and abandonment. In particular there
are no windows, there are large gaping holes in the second
story of the building; the cellar door has been removed;
there are holes in the floor; sills are rotted and beyond
repair; there are no doors; the interior of the building
is exposed to the weather and dampness causing further de-
terioration. This structure is beyond repair and should
be demolished and removed from the premises.
C. You are hereby ordered to demolish and remove the remains
of this structure.
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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 9:30 A.M. prevailing time on July 2, 1985.
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.
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Curt:LS W. Horton
Building Inspector
..
.
.
STATE OF NEW YORK : COUNTY OF SUFFOLK
T01~ OF SOUTHOLD
- - - - - - - - - - - - - - - - - - -x
In the Matter of a Violation of
Chapter 90 of the Code of the
Town of Southold by
AFFIDAVIT OF SERVICE
BY Y~IL & POSTING
JOSEPH DeCHIARA
- - - - - - - - -x
STATE OF NEW YORK:
55. :
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,
Cutchoque, New York.
2. On the 17th day of May, 1985, 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
Southold) upon Joseph DeChiara, 33-20 85th Street, Jackson
Heights, New York 11372, that being the address designated by
said individual for that purpose, by depositing a true copy of
same enclosed in a postpaid properly addressed wrapper in an
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 Joseph DeChiara by Registered Mail, Return Receipt
Requested (Copy of said Receipts are attached hereto).
3. On the 20th day of May, 1985, at 11:30 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
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Structure of the Town of Southold) in a conspicuous place on the
premises owned by Joseph DeChiara on the southerly side of
Main Road (New York State Route 25), East Marion, New York
(Suffolk County Tax Map Designation: District 1000, Section
031.00, Block 07.00, Lot 007.000).
~~ 7I~.
Curtis W. Horton, Buildihg
Inspector
Sworn to before me this
28th day of June, 1985.
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Notary Public
f-1Hn~ K DE VOE
NOT,4RY PUBL:C. Stbte at Ne:"f '{iJrk
No. lJ707878. SUHi)l~ C0unty
Term Expaes March 30, j 9f:j
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OShow 10 wI10m and
o Show to whom. dale.
2. 0 RfSTRICTEDDELMRV...........................
tThfmttfdeddtJliw:rylefl$CharQldl4addIIiDD
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3. ARTICLE ADDRESSED TD:
JOSEPH DE CHIARA ,
33-20 85th Street
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4. TYPE OF SERVICE:
flIlEGiSTERED
OCERTIFlEO
o EXPRESS MAIL
(AIwIyI obtain slgnatun II .......... or qII1l)
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SIGNATURE DAdd'''''' OAul_ad agent
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All E "tries MUST be in Sail Point or Typed
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FORM NO.1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-180"
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(Building Inspector)
APPLICATION FOR BUILDING PERMIT
12.. ~ -<& 4-
Date . . . . . . . . . . . . . . . . . ., 19 . . .
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
ets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
,r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
,ation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
hall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
nail have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
.uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
:egulations, for the construction of buildings, additions or alteratio, for re V~detl.' 'on, as herein described.
'he applicant agrees to comply with all applicable laws, ordinance, build c ,0 Sl e, d regulations, and to
dmit authorized inspectors on premises and in building for necessary' nspectio .
C!-
.. ... .. ...... ...............
ant, or name, if a corporation)
33-."'2-0 ~5' sr.
. . . . . . . . . . . .. ............................ i-I'c;"'~
(M . g address of apPlicant~~~ \>4 \
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ngineer, general contractor, electrician, plumber or builder.
........... ........ ............. ...... ...... ...... ....... .., ... ......... ..... .... ............ ...
-lame of owner of premises .......~ ~ ~i';i-:9H . . . Dr.; .. CtJ J~.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(as on the tax roll or latest deed)
f applicant is a corporation, signature of duly authorized officer.
....... ..... ....... .................... ......
(Name and~tle of corporate officer)
Builder's License 10. .~ .1.0. . . .~. .~ ~~c7.-.P.
t. f! II. (. t.(
Plumber s LIcense No. ........................
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El .., L' N" (I ('
ectnclan s Icense o. ......................
Other Trade's License No. .....................
Location of land on which proposed work will be done. .................................................
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. . . . . . . ~. . . . . . . . . . . .
House Number Street Hamlet
County Tax Map No. 1000 Section ....~:-:-:-: :c-.. P.': .1.. Block..... .~"J.. . . . ... . Lot. ... .<??l.... .. ..
Subdivision. . . . . . .---::: . . . . . . . . . . . '. . . . . . . . . . . . . . . . Filed Map No. ... -:-:-:. . . . . . .. Lot.. . . . . . . . . . . . . .
(Name)
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy .....,... .~~.I.?~~.\,<;>~;-;... {'?~~'!f.)..........................
b.lntendeduseandoccupancy ......... .~.~~~~.\.\l:'.,. .~l ~ ~\-'...................
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3. Nature of work (check which appliee): New Building. .... ..... Additie......... A1te~ti~n '>........
Repair ...X........ Removal . . . . . . . . . . . . .. Demolition .............. Other Work. . . . . . . . . . . . . .
4. Es=;e~~o~.. ...\~jPQO.:;I-:..... ............. Fe~7( .~.... ..... .... .~~~~~~~i~~~.
(to be paid on filing this application)
S. Ifdwe1ling, number;ofdweIling units ..... .J........ NumberofdweIlingunits on each floor. .. .............
If b f i<:l~h,E" '. .
garage, num er 0 cars ........................................................................
6. If business, commercial or mixed occupancy, specify natllre apd extent of eaC11lt~e of use .~...... . ., '<:,': ..: .
7. Dimensions of,existing structures, if any: Front. . . . A:"?: '.~:. . . . Rear . .-t~.. :: . . . . .. Depth... :?-~:. . . . . . .
Height ... i.'1 :-~. ; . . .. . . Number of Stories. . . . . . . . . . .'?-. . . . . . . . . .. . . .. .. . . . . .. . .. . ... . . .. .. .. .. .. .
D. . of tru t .th alt t' dd't' F t ~c c-\ol(j> 1o'E R .... .l\bl>~1=
unenslOns same s cure WI era Ions or a I IOns: ron ...........'1..... ear. . . . . ,.,.,... . . _ . . . . .
Depth . . .. . S.~~. . . . . . .. . . . Height . . . . . . . .. . : . .. . . .. . . . . Number of Stories .. . .. . . .. . .. . .. '. . . . . .
8. Dimensions of entire new construction: Front. . . . . . -:-:'.. . . . .. Rear.. .~9.~... . . . Depth. ...l ~:Z:\ '" . .
Height ......;7....... Number of Stories. . . . . . . . . . . . . .:-. . ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Size of lot: Front ...1\':........:....:.... Rear...........;........... Depth ......................
10. Date of Purchase ...... j~~~................. Name of Former Owner . .'?~l?:r;'!>H(".. ~'i":i:\f......
II. Zone or use district in which premises are situated. . . . . ~~ !~~.~\--. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . .
12. Does proposed construction violate any zoning law, ordinance or regulation: ...I? P.... . . .. . . . .. .. .. ... .. ... . .
13. WilIlot be regraded .......~ ~ . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No
14. Name of Owner of premises .). \~.~.q.\.I.~...... Address ~:':~. ~;;-.~t;. ~:'~. Phone No. .~\;1. .~':t. d"?,~,:
Name of Architect .... .~~ ~ 0:1) p.~. . . . . . .. Address . . ~'. . ~ . . . .. . ~ . .. . . . Phone No. .. ;'. . .. . h . .. . .
Name of Contractor . . .. .. . . . .'!. .. . .. . . .. . .. . . Address .. .': .. ~. . .. :. .. .... Phone No. .. :'.... ).. ... . .
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whethel
interior or corner lot.
STATEOF~fl1~'L SS
COUNT" OE' . ...... .. .. .. .
. . . . . .'k. . . . . . . . . . .~ . . . . . . . . . . . . . . . . . . . . . . .. being duly sworn, deposes and says that he is the applicant
f (Name of individual sigtting contract)
above named.
He is the . . . . . . . . . . . . . . . . . . . . . . . . . tf:t:t...^?'A!-:-:--:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and me this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application fIled therewith.
Sworn to before me this
............. )~.r:;:. -jay ,of ... :eik~< fI,A':...... 191'.--(
N t Publi 4fl 'u_~ -v:.. /..4.:.[1-/ c
o ary c,/'. . . . . . r. . . . . . . . . . . . . . . . . . . . . .. ounty
. 5YLV'''I{, .~~t \
. NOTARY PUlIlIt, S'.'e of New "0....
.... "'7410' . 111".1. C...~y
CMlllliIM.1I ""',.. MerIt! Ii. ~
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(Signature of applicant)
II
~~lr, 9697 M 277
~~~~ rnnTlrn ~\Ol m7fT(llS]
~::~ ':~~~F~~~ _ ~;~~i;:;~~~ 21 1'7t;~,
!i THIS INDENTURE. made the )~:ZJCdtJy of A~"("'ncr~~, 1':11:)4
Ii n_
i B~r'TWEEN the COUNTY OF SUFFOLK. a 1l1unicil;'al corpuration
':nE t ' State of New Yock. having ittJ princ~pal office ilt the
iSuff lk County Center, Center Drive, Riverhead, New York 11901,
Iparty of the firtJt part,
il AND JOSEPH [)eCHIARA, 33-20 85th Street, JacktJon Height".
'iNew York 1137:2, party 0 [ the tJecond pact,
Ii WITNESSETH. that the party of the first part pursuant to
iiRetJ,?lution Numbet- 663-1':li:S4 adopted by the Suffoik County
:ILeglslature on July 5, 1984 and thereafter, approved by the
I:Cnunty Executive on July 10, 19~!" in corwideration of ten dollars
liand other valuable consideration paid by the party of the second
Ilpart, doetJ hereby gl-ant und release unto the party of the tJecond
ilpart, the heirs or succestJors and atJsigns of the party of the
:'8econd part forever,
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,CTION
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ALL. that certa in l? lot, piece or parctd of land with
r~n~' building:~ .:a:J LmrjrOVcmcnt.'.i tL.:."rl!dll erect~.'-d, slt'Liate,
lyill!; and being in tile Town of S,outhold, County of
~uffolk and State of New York, and acquired by Tax Ueed
on February 10, 1981, from Jean H. Tuthill, the County
Treasurer of Suffolk County, New Yorki and recorded 00
February 11, 1':181, in Liber 8959, cp 574, and otherwise known
atJ and by Town of Southold, N-Hu~n Rd-Ano; E-E;rnetJt Redford; S-
Lake; W-DietJerud-Ano.,
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7.000
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, TOGETHER'with all rigllt, title and ioteretJt, if any, of the
',).Irty of the iirst part of, in and to any streets and coads
':abutting tile above-detJcribed pcemillel3 to the center lines thereof;
I. . 'J
, TOGETHER with the appurtenances and all the estate and
:rlgilttJ of the party of the firtJt part in and to said premitJetJ;
"
Ii TO HAVE AND TO HOLD the pre<:litJes herein granted unto the
party of the second part, the heirs or succestJortJ and atJsigos of
,vL'I"~ lithe party of the tJecond part forever.
'I, )!
,))'1/2(:: SUBJE<<;:T to all covenants, retJtric:tiOfltJ and eatJcments of
,cI' , 'frecord, ~f any.
;. II AND the party of the firtJ t part, in COlllp 1 iance with Sect ion
il13 of the L~en Law, hereby covenanttJ that the [H'rty of the firtJt
))art will receive the consideration for tilis conveyance and will
!,~old the right to receive such consideration as a trutJt fund to
li;e applied first for the purpose of [Jllying the cotJt of the
i;i!oprovement and will apply the same first to the payment of the
ibJ,st of the improvement before using any part of the total of the
warne for any other purpose.
II THE WORD "PARTY" tJl1all be cOlltJtrued as if it read "partietJ"
~henever the tJense of this indenture so requires.
II
Ii IN WITNE~S WHEREOF. the party of the first part has duly
lexecuted th~s deed the day and year first above written.
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...<~, _,' i~n Presence Of:
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COUNTY OF SUFFOLK, N~W YORK
~
By' /,' .
'KO' . ,
Commissioner
Oepartment of Real EtJtate
~,R~- ~;','~7tb~
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The Building Department received a complaint from the
Southold Town Planning Board on February 13, 1985. We also
received a complaint from the East Marion Fire District on
February 11, 1985.
I visisted the premises on February 14, 1985 at approxima-
tely 2:20 P.M.
The main part of the house has two stories. None of the
windows are intact. There are five windows in the door in the
front, and they are completley gone.
On the east side of the building, there are three windows
completely broken plus a large section 12 feet long by 8 feet
high on the second floor rear that is completely gone.
In the rear of the house. The two story part. There are
large gaping holes, sills are completely rotted and gone. There
are large holes in the second floor story. Large holes in the
first floor. There was a door down to the cellar, and that is
gone. Loose timber hanging and debris everywhere.
To the rear of the house two additions of shed type
construction. They are completely gone; side walls, roof, win-
dows everything.
To the west of the house is another one story section
which must have been built with the two story section, and that
is completely gone.
This place is a complete disaster and there is nothing
usable in the house anywhere including the siding. There are
large gaping holes in the roof. This place must be removed
at once as there is no protection from anyone entering the
property. There is a fence to the east side that must have
been put by the neighbor, but that is only 3 feet high.
Because of the debris and overgrown trees and bushes it
is impossible to get to the west side of the house.
I returned to the car, I'll go back to the office and
write my report. I talked to a neighbor who says the place has
been a disaster for 40 years, and needs to be torn down
Dated: February 14, 1985
{!~ 71r1k,
Curtis W. Horton, Building
Inspector
~';j/u~~ 7P~j7T ~)<r
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Southold, N.Y. 11971
(516) 765-1938
February 13, 1985
Victor Lessard
Executive Administrator
Building Department
Town of Southold
Southold, NY 11971
Re: Unsafe Building at East Marion
Dear Mr. Lessard:
Enclosed herewith is a letter received by the Planning Board
regarding a possible unsafe building located at East Marion.
The Planning Board recommends that, pursuant to Chapter 90 of
the Town Code, an inspection of the building be conducted to determine
if it is unsafe or dangerous.
Thank you for your attention to this mattter.
very truly yours,
~O~)~A~
SOUTH OLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
enc.
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EAST MARION FIRE DISTRICT
FEB 13 1985
P.O. BOX 131 . MAIN ROAD
EAST MARION, NEW YORK 11939
BOARD OF
FIRE COMMISSIONERS
February 11,1985
Town of Southold
Planning Board
Main Road
Southold,N.Y.
11971
Gentlemen:
This is to advise you that at the last meeting of the Board
of Commissioners, the Board discussed the condition of the old
Gene Brooks nome which is located on the south side of the Main
Road in East Marion ~cross from the Angel deli.
Because of the bad state of disrepair of this building, the
Board requests that this building be inspected and possibly
classified as a hazardous building and take appropriate action.
Please advise us of any questions and what action the Planning
Board is taking.
Q7Y~r:l t~dy~ur. s,. ..'~
//(,./I,;'-'-~".;...',,","- \".,......--' '-Z-t.../.-'?
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Joseph Cherepowich
Secretary
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RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD _ P. O. BOX 973
CUTCHOGUE, NEW YORK 11935
RICEMQ
JUN 2 8 1985
TELEPHONE 516 734.6807
June 28, 1985
JwIt a.t SGU"'"
Town of Southold
53095 Main Road - Town Hall
Southold, New York 11971
ATT: Judith T. Terry, Town Clerk
RE: Joseph DeChiara-East Marion Property
Dear Mrs. Terry:
As you know from talking to my secretary, a Town Board
hearing has. been scheduled on the above captioned matter for
Tuesday, July 2, 1985, at 9:30 A.M., and accordingly, I am
enclosing the following:
1. Notice Pursuant to Chapter 90 of the Code
of the Town of Southold signed by Curtis W.
Horton.
2. Affidavit of Service by Mailing and Posting
sworn to be Curtis W. Horton on June 28, 1985.
If you require any further information or have any questions
concerning this matter, please do not hesitate to contact me.
very~ru}y .Y..o...u~...rs, '.'
.~.~ '
Richard F. La
RFL:bc
Enclosures
.
a
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TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
~xkttb/?Ct
'1: .5 0 19. JI{'.
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NOTICE PURSUANT TO CHAPTER 90 OF THE CODE
OF THE TOWN OF SOUTHOLD
Date; Joseph DeChiara
33~20 85th Street
Jackson Heights, New York 11372
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 Town of Southold, County of
Suffolk and State of New York, and Acquired by Tax Deed
on February 10, 1981, from Jean H. Tuthill, the County
Treasurer of Suffolk County, New York, and recorded on
February 11, 1981, in Liber 959, cp 374, and otherwise
known as and by Town of Southold, North by Main Road
and Another, East by Ernest Radford, South by Lake and
West by Dieserud and Another.
Said premises being the same premises described in
a deed dated December 13, 1984 from the County of Suffolk
to Joseph DeChiara, recorded in the Suffolk County Clerk's
Office on December 18, 1984, in Liber 9697 page 277.
Also
nation:
007.00.
referred to as: Suffolk County Tax Map Designa-
District, 1000, Section 031.00, Block 07.00, Lot
B.. The two story building on your premises is structurally
unsafe and dangerous and as such constitutes a hazard
to safety by reason of inadequate maintenance, dilapida-
tion, obsolescence, and abandonment. In ~articular there
are no windows, there are large gaping holes in the second
story of the building; the cellar door has been removed;
there are holes in the floor; sills are rotted and beyond
repair; there are no doors; the interior of the building
is exposed to the weather and dampness causing further de-
terioration. This structure is beyond repair and should
be demolished and removed from the premises.
C. You are hereby ordered to demolish and remove the remains
of this structure.
.
.
TEL. 765-1802
TOWN OF SOUTHOLD
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 SOUTHOLD
Date; Joseph DeChiara
33-20 85th Street
Jackson Heights, New York 11372
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 Town of Southold, County of
Suffolk and State of New York, and Acquired by Tax Deed
on February 10, 1981, from Jean H. Tuthill, the County
Treasurer of Suffolk County, New York, and recorded on
February 11, 1981, in Liber 959, cp 374, and otherwise
known as and by Town of Southold, North by Main Road
and Another, East by Ernest Radford, South by Lake and
West by Dieserud and Another.
Said premises being the same premises described in
a deed dated December 13, 1984 from the County of Suffolk
to Joseph DeChiara, recorded in the Suffolk County Clerk's
Office on December 18, 1984, in Liber 9697 page 277.
Also
nation:
007.00.
referred to as: Suffolk County Tax Map Designa-
District, 1000, Section 031.00, Block 07.00, Lot
B. The two story bUilding on your premises is structurally
unsafe and dangerous and as such constitutes a hazard
to safety by reason of inadequate maintenance, dilapida-
tion, obsolescence, and abandonment. In particular there
are no windows, there are large gaping holes in the second
story of the building; the cellar door has been removed;
there are holes in the floor; sills are rotted and beyond
repair; there are no doors; the interior of the building
is exposed to the weather and dampness causing further de-
terioration. This structure is beyond repair and should
be demolished and removed from the premises.
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 9:30 A.M. prevailing time on July 2, 1985.
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.
~~~ ?(f~
Curt~s W. Horton
Building Inspector
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STATE OF NEW YORK : COUNTY OF SUFFOLK
TOliN OF SOUTHOLD
-x
In the Matter of a Violation of
Chapter 90 of the Code of the
Town of Southold by
AFFIDAVIT OF SERVICE
BY P~IL & POSTING
JOSEPH DeCHIARA
- - - - - - - - -X
STATE OF NEW YORK:
: 55.:
i COUNTY OF SUFFOLK:
I,
II CURTIS W. HORTON, being duly sworn, deposes and says:
II
II 1. Deponent is a Building Inspector of the Town of Southold,
is over the age of 18 years, and resides at Mason Drive,
Cutchoque, New York.
,I
II Notice Pursuant to Chapter 90 of the Code of the Town of Southold
ii
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2.
On the 17th day of May, 1985, deponent served a copy of
(The Unsafe Building and Collapsed Structure Law of the Town of
Southold) upon Joseph DeChiara, 33-20
ii
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85th Street, Jackson
Heights, New York
11372, that being the address designated by
said individual for that purpose, by depositing a true copy of
same enclosed in a postpaid properly addressed wrapper in an
official depository under the exclusive care and custody of the
'I
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 Joseph DeChiara by Registered Mail, Return Receipt
Requested (Copy of said Receipts are attached hereto).
3. On the 20th day of May, 1985, at 11:30 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 of the Town of Southold) in a conspicuous place on the
premises owned by Joseph DeChiara on the southerly side of
Main Road (New York State Route 25), East Marion, New York
(Suffolk County Tax Map Designation: District 1000, Section
031.00, Block 07.00, Lot 007.000).
~~ 7/~~
Curtis W. Horton, Buildihg
Inspector
Sworn to before me this
28th day of June, 1985.
~~ ~ D,-()~
Notary Public
HElG~ K. DE VOE
NOTJlRY PUBLIC. State of New Ylj'ik
No. 4707878, Sulfolk County
Ter" E'piles Malcl1 30, 19t:J
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3. ARTICLE AllllRESSED TO:
JOSEPH DECHIARA
33-20 85th Street
4. TYPE OF SERVICE:
flIlEGISTERED
DCERTIAEO
o EXPRESS MAIL
(Always obtain slgnll1ur8 01 Iddnlssee or '.Int)
I have received the article described abo-iS.
SIGNATURE OAddress.. DAulho!Ized agent
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