HomeMy WebLinkAboutGemma, Pasquale
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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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March 25, 1985
TO:
FROM:
SUBJECT:
TOWN BOARD (/
EXEC. ADM.--VICTOR LESSARD ~~
UNSAFE BUILDING (GEMMA)
'-
As of this date 3/25/85 Mr. Gemma's unsafe build-
ing has properly been removed and the unsafe condition
no longer exists. As a point of information, the con-
tractor, removing the unsafe fUilding, fell thru the
floor into a well and was left hanging by the arms.
This could have been a child.
The Building Department recommends this case be closed.
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JUDITH T, TERRY
TOWN CLERK
REGISTRAR OJ- 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
February 7,1985
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Pasquale Gemma & ux
40 East 88th Street
New York, New York 10028
Dear Mr. Gemma:
Enclosed herewith is the decision of the Southold Town Board
adopted at their regular meeting held on February 5, 1985 relative
to the matter of a violation of Chapter 90 of the Code of the Town
of SouthoJd by Pasquale Gemma & ux.
Very truly yours,
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Judith T. Terry
Southold Town Clerk
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 7, 1985:
TH[S [S TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY
5, 1985:
WHEREAS, the Building Inspector of the Town of Southo[d has made a formal
inspection of the premises owned by Pasquale Gemma & ux, premises described
in a deed recorded in the Suffolk County Clerk's Office in Liber 9379, page 211,
also referred to as: Suffolk County Tax Map Designation: District 1000, Section
102.00, Block 05.00, Lot 021.000, and thereafter prepared a written report there
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 demolisn 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 5th
day of February, 1985.
NOW, THEREFORE, IT IS HEREBY DETERM[NED 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 February 5, 1985, this Board does hereby determine that the
building or structure located on said. premises is unsafe or dangerous to the public.
2. That this Board does hereby order that the building or structure located
on said premises is in such a dilapidated condition that the same cannot be repaired
and secured and therefore directs and orders that the same be taken down and
removed.
3. That it is further determined and ordered that the owners of the building
or structure on said premises shall take down and remove the building or structure
on said premises on or before the 22nd day of March, 1985.
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Page 2 - Pasquale Gemm. ux
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4. In the event that the owners shall neglect or refuse to take down and
remove said structure from said premises within the time specified in the preceed-
ing paragraph, then and in that event the Supervisor be and he hereby is author-
ized and directed to procure estimates for the removal of the building or structure
on said premises and submit the same to this Board for its consideration as soon
thereafter as possible.
5. That thereafter this Board shall, based upon such estimate, provide for
the letting of a contract for the taking down and removal of the building or
structure on said premises.
6. That the cost and expenses of the taking down and removal of the building
or structure on said premises shall be collected by the Town of Southold in the
manner provided for in Section 90-9 of the Code of the Town of Southold.
7. It is further ordered that a certified copy of this resolution be sent by
the Town Clerk to the owner of said premises by registered mail, return receipt
requested, within three days of the date hereof.
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~J~dith T. Terry !
Southold Town Cler
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HEARING
SOUTHOLD TOWN BOARD
February 5, 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 SOUTHOLDj BY PASQUALE GEMMA & UX.
Present: Supervisor FrancisJ. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
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Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERV ISOR MURPHY: This is a public hearing pursuant to Chapter 90 of the
Code of the Town of Southold, Unsafe Building and Collapsed Structure, Pasquale
Gemma & ux, property on Main' Road in Cutchogue. I'll turn it over to our Special
Attorney Richard Lark to present the case.
RICHARD F. LARK, Special Attorney for the Town of Southold:
Mr. Murphy. At this time I'd like to call Curtis Horton who will
If you'd swear him in first.
Okay. Thank you,
'be our only witness.
SUPERVISOR MURPHY: Curt, would you raise your right hand? Do you swear
that the testimony you are about to give is the who,le truth and nothing else but
the truth, so help you God?
CURTIS W. HORTON, Building Inspector, Town of Southold: I do.
SUPERVISOR MURPHY: Thank you.
DIRECT QUESTIONING OF CURTIS HORTON BY SPECIAL ATTORNEY LARK:
Q Mr:. Horton, for the record, could you please give your name and address.
A My name is Curtis 'Horton. I live at Mason Drive, Cutchogue.
Q Are you employed by the Town of Southold?
A Yes, I am.
Q And in what capacity?
A As Building Inspector.
Q And how long have you been so employed?
A About seven years.
Page 2 - Gemma unsafe.
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Q Okay. And in your capacity as Building Inspector have you had occasion
to inspect the premises owned by Pasquale Gemma and Penelope Bushman Gemma
which is located on the Main Road in Cutchogue?
A Yes.
Q And could you tell the Board when you inspected this property?
A I inspected this property on December 3rd, ,1984, approximately 11:15 A.M.
Q All right. Could you tell the Board, be a little more particular in' the location
of the property?
A This is actually located--the closest if everybody really wants to know, instead
of giving house numbers and everything else, it's where the old telephone building
was in Cutchogue, just before that. It's back almost behind Lark's office, bordering
the Mattituck-Cutchogue School property, right on the fence, right next to the fence
in the back corner.
Q In other words this property is immediately to the west of the old Cutchogue
Justice Court?
A Correct.
Q Okay, fine. And what was your purpose of inspecting the property on December
3rd, 1984?
A I received a letter from the Southold Town Planning Board complaining about
this building and wanted it to be checked out.
Q What was the nature of the Planning Board's complaint?
A Well they were up there checking out site planning and they saw this building
in the back corner there and they knew about the Unsafe Building Law and they
wanted the situation corrected.
Q Okay. Could you tell the Board how many buildings are on the property?
A The main house and barn or large storage shed.
Q There's two buildings on the property?
A Correct.
Q Okay. Is the main house, was that the subject of the Planning Board's
complaint?
A No. The barn or storage shed.
Q And where is the barn located on the property?
A To the rear, right next to the Mattituck-Cutchogue School property. Right
in the corner.
Q Okay. And was the barn occupied?
A No.
Page 3 - Gemma Unsafe.
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Q. Okay. Could you tell the Board what you found concerning the barn--we'lI
refer to it as a barn for the purposes of the hearing--when you inspected on
December 3rd?
A Well, I found what remained of the two-story wood frame barn or storage shed.
This building has a very low pitched hip roof and number one I found the west side
has a large opening in it. Part of the roof section is falling in. On the south side
a large area is rotten and no door. On the east side large rotten sections on the
first and second floor. On the north section a large section of siding gone and rest
in poor shape. The sills and foundation was beyond repair, completely rotted, and
gone. The roof was completely gone. Debris everywhere, around the building,
inside the building. This building without a doubt is beyond repair. I left the
site of the property at 12: 05 P. M.
Q Now, as a result of that inspection did you cause a report to be filed in the
office of the Building Inspector?
A Yes, I did.
Q Okay. And do you have a copy of that report with you?
A Yes, I do.
Q Could I have that please? Also, you don't happen to have in your file a copy
of the Planning Board's letter to you, do you? Just take your time. While you're
doing that I want to have marked as Exhibit I , Town's Exhibit I , the report of the
Building Inspector dated December 3rd,19811.
(Town's Exhibit - Report of Building Inspector Curtis 'W. Horton, signed and dated
12/3/811.)
Q Mr. Horton, 1 noticed that your report that we've marked in as Exhibit I, said
that you took three pictures. Is that correct?
A This is correct.
Q Okay. I'm showing you now some photographs and asking if you can identify
those?
A Yes, this photo here 1 have in my hand is on the north side and shows the
large sections of siding missing and everything is completely gone from it. If you
look in. the background---
Q I didn't ask you to describe them. I'm just asking are those the pictures you
took on December 3rd of the barn that's the subject in question?
A Yes, they are.
Q And did they fairly and .accurately represent the status of that barn that you
rendered your report which is marked Exhibit I in evidence?
A Yes, they do.
Q Okay. I'd like to put these in, three pictures, as Exhibit Number II.
Page 4 - Gemma unsafe.
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(Town's Exhibit II - Three (3) photographs marked: Dec. 3-84'-East Side, Dec. 3-84-
North Side, Dec. 3-84-South Side.)
Q Okay. Now, as a result of your rendering a report and making a determination
that the building was unsafe, did you cause a notice to be served upon the land
owner?
A Yes, did. I filed a Chapter 90 on December 21st, 1984.
Q Okay. And I'm showing you the original of that. Is that---
A Correct.
Q Okay. And did you cause that to be served on the respondents, Pasquale
Gemma and his wife?
A Yes, I did.
Q And how did you have that done?
A By Certified Mail.
Q Okay. Return Receipt?
A Yes.
Q Okay. As Exhibit III I'm going to submit the Notice pursuant to Chapter 90,
which the Building Inspector sent out. Attached thereto is his Affidavit of Mailing.
Did you also post the property?
A Yes, I did.
Q And what date was that?
A I posted the property on December 26th ,1984.
Q Okay. And that's contained in your affidavit?
A Yes.
Q That was December 21st, wasn't it?
A December 26th----21st, that's right. Return Receipt was the 26th.
(Town's .Exhibit III ~ Notice! Plllrsuant to Cmapter 900f the Code of the Town of
Southold, Date: December 21,1984, To: Pasquale Gemma & ux, 40 East 88th Street,
New York, New York 10028, signed by Curtis W. Horton, Building Inspector. AND:
Affidavit of Service by Mail & Posting, In the Matter of a violation of Chapter 90
of the code of the Town of Southold by Pasquale Gemma & ux, sworn to by Curtis
W. Horton on the 25th day of January, 1985.)
Q Now, just for administrative purposes, I'm going to put in the record as
Exhibit Number IV the original letter of the Planning Board to Mr. Horton, drawing
this building to his attention.
Page 5 - Gemma Unsafe.
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(Town's Exhibit IV - Letter from Bennett Orlowsi, Jr., Chairman, Southold Town
Planning Board, to Mr. Curt Horton, Building Inspector, Town of Southold, dated
October 1,1984'.)
Q Okay. Now, since the day of your inspection and sending out the notices on
December 21st, has there been any change in that building?
A No.
Q When's the last time you inspected those premises?
A Yesterday afternoon.
Q And is the status of the building, the barn that you just testifed to, the same
yesterday, which would be February 4th, as it was on December 3rd?
A Yes. Just a little more snow in it, that's all, and more open maybe.
Q All right. But there's been nothing done?
A Nothing.
Q Okay. Since you sent out the notice to the owners have you been in contact
with them or have they been in. contact with you?
A I had a. call from them Friday afternoon approximately 3; 00 0' clock.
Q That would be last Friday?
A Yes.
Q That would be February 1st?
A Yes.
Q Okay. What was the nature of that call?
A Early in the day I received a letter from Mr. Gemma and he said he would
call, which he did. He explained the whole situation that he had a death in the
family and everything else. He was very sorry that it wasn't down, that he had
hired a contractor but due to the inclement weather they didn't get it down. He
is not going to bulldoze the property. He wants to tear the remaining siding
which is there, which is basically the only thing that is left of the building, the
timber is all rotted. He wants to save this and he has hired a contractor name of
Mr. George Pontino to tear it down. All he requests isa little more time.
Q All right. Did he have any argument with you of your determination that the
building was unsafe?
A No. He wanted to tear it down.
Q You don't happen to know Mr. Gemma's occupation or profession, do you?
Do you know?
A No, I don't. It looks like he's in hotel work.
Page 6 - Gemma Unsafe .
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Q All right. Do you have a copy of the letter that he sent to you?
A I have the letter that he sent to me.
Q All right. We'll put the original in then. This was hand delivered to you?
A No. it came in. the mail---I don't know where itcame--it was laying on my desk.
Q This will be Exhibit Number V, the letter from Gemma, the owner of the property,
dated January 31st.
(Town's Exhibit V - letter to Mr. Curtis Horton, Building Inspector, dated January
31,1985, from Pasquale A. Gemma.)
Q Okay. To sum up, Mr. Horton, could you give the Board, succinctly, your
reasons for concluding that the building is unsafe within. the meaning of Chapter
90 of the Code of the Town of Southold?
A The building is .unsafe because, number one there is no foundation underneath
this building. There's a few rocks here and there. The sills are completely gone.
The second floor is all fallen into the first floor. I was there yesterday and you
can't get too close to the building by the fence because of the stuff that's--debris
all the way around the building, but there is--I don't think there's a decent piece
of timber in the whole building. It's just, I would say, you cannot repair:
Q Has any of the roof collapsed?
A Yes.
Q Okay. And it's your opinion that thishuilding is beyond repair?
A Yes.
Q Okay. And what is your recommendation to the Town Board?
A I recommend that we have an order to remove. Also, this building has been
there a few years, I don't think there's any immediate danger that it's got to be
taken down overnight. I think it would be very nice if we could give the man
forty-five days to remove it like he requests.
Q All right. In your opinion is there any reasonable chance of repairing the
building?
A No chance at all.
Q Okay. Now, from a safety point of view, is the barn area have any fencing
around it, either by the school property or the parking lot next door?
A There's a fence on two sides. One by Mr. Lark's property and one by the
school property.
Q How about on the other--who's the neighbor to the west?
A Mr. Orlowski and he has a fence on his side to his-'-part of a fence over there.
Q All right.
Page 7 - Gemma Unsafe .
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A Actually to get to the property you have to go through---
Q You mean to get to the barn?
A The barn. You have to go through from the Main. Road
thick with brush and like that, it's awful hard to get there.
hour to get there one day.
and it's kind of
Took me a half an
Q So in your opinion there doesn't have to be any--there's no imminent danger
of that property having to be fenced or boarded up, this barn, is that correct?
A Correct.
Q Okay. But it is also your opinion that itis beyond repair and it must be
removed?
A Absolutely.
Q Okay. Does any of the Town Board members have any questions of Mr. Horton?
(No response.) I think you have everything before you. His photographs, his
report, the letter from the owner. As Mr. Horton said, this has been an ongoing
thing for some time and it isn't something that just arose as a result of a storm or
anything. Anybody have any questions? (No response.)
SUPERVISOR MURPHY: I think you did. a very good job, counselor.
MR. LARK: Okay. Again as far as the Town's concerned we can close the hearing.
Before the Board makes a decision, as you've done in the past with everything, I
think it would behoove you at your earliest convenience--he told you where it .is--
to just take a look at it before you finally pass a resolution one way or another on
it. And Mr. Horton has talked to the owner. I have not. And the owner, as I
gathered from Mr. Horton talking to him this morning, has indicated that he just
needs a little bit more time. He had some personal problems as indicated in. his.
letter, even though it should have been taken care of a long time ago, it's one of
those eleventh hour things until we finally put the screws to them to do something.
Based on his testimony I certainly, on behalf of the Town, would have no objection
if you'd give him to the middle of March or some propitious time there to remove it
before we have to then take the other type or proceedings to do it for him in the
event that he doesn't do it.
SUPERVISOR MURPHY: Thank you, sir: The hearing is closed.
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c?'~ Judith T . Terry (7
Southold Town Clerk
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Southold, N. Y. 11971
(516) 765-1938
October 1, 1984
Mr.Curt Horton
Building Inspector
Town of Southold
Southold, NY 11971
Dear Mr. Horton:
The Planning Board made a field inspection of the Gemma
site plan at the Main Road, Cutchogue, on September 22, 1984.
It was noted that there is a building at the rear of the lot
which is abandonded and in a dilapidated condition.
It was the consensus of the Board to recommend that the
building be considered unsafe pursuant to Section 90 of the
Southold Town Ordinance and the necessary steps taken with
regard to its removal.
If you have any questions, please contact our office.
The tax map of the property is 1000- 102-5-21.
Very truly yours,
BENNETT ORLOWSKI, JR.,C HAIRMAN
SOUTHOLD TOWN PLANNING BOARD
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By Diane M. Schultze, S~cretary
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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: December 21, 1984
TO: Pasquale Gemma & ux
40 East 88th Street
New York, New York 10028
A. The last Assessment Roll of the Town of Southold shows
that you are the owner of the following described
premises: I
ALL that certain plot, piece or parcel of lan~j with
the buildings and improvements thereon erected, s..:tuate,
lying and being at Cutchogue, in the Town of Southold,
County of Suffolk and State of New York, and being bounded
and described as follows:
BEGINNING at a point on the north side of Main (State)
Road distant 193.27 feet easterly from the corner formed
by the intersection of the north side of Main (State) Road
with the east side of North Street said point of beginning
also being where the easterly line of land now or formerly
of Orlowski intersects the north side of Main (State) Road;
running thence North 390 46' 30" West along said line
307.74 feet to land now or formerly of School District No.
123; running thence North 32036' East along said land
66.70 feet to land now or formerly of R. Lark; running
thence South 430 II' 4" East along said land 207.92 feet
to land now or formerly of Cutchogue Free Library; running
thence South 430 28' 50" East along the westerly line of
said land 100 feet to the north side of Main (State) Road
85 feet"to the point of place of BEGINNING.
The above described premises are the same premises
described in a deed recorded in the Suffolk County Clerk's
Office in Liber 9379 page 211.
Also referred to as: Suffolk County Tax Map Designation
District 1000, Section 102.00, Block 05.00, Lot 021.000.
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B. The two story wood frame barn on your premises is struc-
turally unsafe and dangerous and as such constitutes a
hazard to safety by reason of inadequate maintenance,
dilapidation, obsolescence, and abandonment. This struc-
ture is beyond repair and should be demolished and removed
from the premises. In particular there are large holes on
the south, north and east sides of the barn; sills and
foundation are beyond repair; roof has partially collapsed
causing the interior portions of the barn to be exposed
to weather and dampness.
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 February 5, 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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Curtis W. Horton
Building Inspector
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STATE OF NEW YORK
TOWN OF SOUTH OLD
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In the Matter of a Violation of
Chapter 90 of the Code of the Town
of Southold by
COUNTY OF SUFFOLK
AFFIDAVIT OF SERVICE BY
MAIL & POSTING
PASQUALE GEMMA & UX,
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STATE OF NEW YORK:
S5. :
COUNTY OF SUFFOLK:
CURTIS W. HORTON, being duly sworn, deposes and says:
1. Deponent is a Building Inspector of the Town of Southold,
is over the age of 18 years, and resides at Mason Drive,
Cutchogue, New York.
2. On the 21st day of December, 1984, deponent served a
copy of Notice Pursuant to Chapter 90 of the Code of the Town of
Southold (The Unsafe Building and Collapsed Structure Law of the
Town of Southold) upon Pasquale Gemma & ux, 40 East 88th Street,
New York, New York 10028, that being the address designated
by said people for that purpose, by depositing a true copy of
the 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 i
was mailed to Pasquale Gemma & ux by Registered Mail, Return
Receipt Requested (copy of said Receipt is attached hereto.)
3. On the 21st day of December, 1984, at 3:30 P.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 Law of the Town of Southold) in a conspicuous place on
the premises owned by Pasquale Gemma & ux on the northerly side
of Main (State) Road, Cutchogue, New York (Suffolk County Tax
Map Designation: District 1000, Section 102.00, Block 05.00,
Lot 021. 000) .
eAN1N~ ~
Curtis W. Hor on
Sworn to before me this
~5" day of January, 198.5"
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Notary Public
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2. 0 Aenricted Delivery.
3. Article Actctr.IIed to:
PASQUALE GEMMA & ux
40 East 88th St.
New York, N.Y. 10028
4. Type of Service:
Article Number
~eg;stered
D Cert;!;ed
D Expross Me;1
D Insured
DeOD
Always obtain signature of adIIressee JI!. agent and
DATE DElIVER~D.
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TIME:
PLACE:
OWNER:
Dec. 3, 1984 11~5 a.m. .
28675 Main Rd. Rt. 25 Cutchogue, N.Y. 11935
Pasquale Gemma & wf.
40 East 88 St.
New York, N. Y. 10028
Complaint by South old Town Planning board by letter.
FOUND:
What remains of a two story wood framed, barn or storage
shed. This building has a very low pitch hip roof.
1. West side has large opening in it part of rQof section
has fallen in.
2. South side large areas rotten no door.
3. East side large rotten sections, 1st fl & 2nd floor.
4. North section large section of siding gone rest in
poor shape.
5. Sills & foundation beyond repair.
6. Roof completely gone.
7. Debris everywhere
8. Building beyond repair
9. Left the site 12:05 p.m.
(took 3 pictures)
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TEL. 765-1802
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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 SOUTH OLD
Date: December 21, 1984
TO: Pasquale Gemma & ux
40 East 88th Street
New York, New York 10028
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 at Cutchogue, in the Town of Southold,
County of Suffolk and State of New York, and being bounded
and described as follows:
BEGINNING at a point on the north side of Main (State)
Road distant 193.27 feet easterly from the corner formed
by the intersection of the north side of Main (State) Road
with the east side of North Street said point of beginning
also being where the easterly line of land now or formerly
of Orlowski intersects the north side of Main (State) Road;
running thence North 390 46' 30" West along said line
307.74 feet to land now or formerly of School District No.
123; running thence North 320 36' East along said land
66.70 feet to land now or formerly of R. Lark; running
thence South 430 11' 4" East along said land 207.92 feet
to land now or formerly of Cutchogue Free Library; running
thence South 430 28' 50" East along the westerly line of
said land 100 feet to the north side of Main (State) Road
85 feet'to the point of place of BEGINNING.
The above described premises are the same premises
described in a deed recorded in the Suffolk County Clerk's
Office in Liber 9379 page 211.
Also referred to as: Suffolk County Tax Map Designation
District 1000, Section 102.00, Block 05.00, Lot 021.000.
.
.
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.
B. The two story wood frame barn on your premises is struc-
turally unsafe and dangerous and as such constitutes a
hazard to safety by reason of inadequate maintenance,
dilapidation, obsolescence, and abandonment. This struc-
ture is beyond repair and should be demolished and removed
from the premises. In particular there are large holes on
the south, north and east sides of the barn; sills and
foundation are beyond repair; roof has partially collapsed
causing the interior portions of the barn to be exposed
to weather and dampness.
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 February 5, 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.
Curtis W. Horton
Building Inspector
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RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD P P. O. BOX 973
CUTCHOGUE, NEW YORK 1193S
RECEMO
JAN 2 5 It:
TELEPHONE 516 734.6807
January 25, 1985
t... Clerk !t,-ltu'.
Judith T. Terry
Southold Town Clerk
53095 Main Road - Town Hall
Southold, New York 11971
RE: Pasquale Gemma - Cutchoque Property
Dear Mrs. Terry:
As you know from talking with my secretary, a Town Board
hearing has been scheduled on the above-captioned matter for
Tuesday, February 5, 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 dated December 21, 1984,
signed by Curtis W. Horton.
2. Affidavit of Service by Mail & Posting sworn
to by Curtis W. Horton.
If you require any further information or have any questions
concerning this matter, please do not hesitate to contact me.
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Enclosures