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HomeMy WebLinkAboutMarlake Associates - .'h' , - ". "" TEL 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 RECEIVEQ October 3, 1984 r. ,~. -.~ 'vLl. 'Z 1C~/, \) ...J\.... i Town Clerk Southold Marlake Associates c/o Morris Zelman 35 West 45th Street New York, New York 10036 Gentlemen: On October 1, 1984, I inspected the premises at North Road, Peconic, New York, which were the subject of my Notice sent to you on August 15, 1984, as well as the hearing conducted by the Southold Town Board on September 25, 1984. The inspection reveals you have complied with the Notice dated August 3, 1984, and accordingly, I am closing the file on this matter. If you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours, O~4(?I~ Curtis W. Horton CWH:bc cc: Judith T. Terry, Town Clerk . . WDiTJI T TERRY Towr-.' C1rlu,; Rn;ISTRAR OF VIT1\L Sl\lISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 25, 1984: WHEREAS, the Building Inspector of the Town of Southord has made a formal inspection of premises owned by Marlake Associates, and shown and designated on Suffolk County Tax Map as: District 1000, Section 85.00, Block 001.00; Lot 005.000, and thereafter prepared a written report thereof and filed the same in his office, and WHEREAS, it was determined by the Building Inspector that the building or structure on said premises is dangerous or unsafe to the public, and WHEREAS, the Building Inspector promptly thereafter served a notice on the owner or other persons having an interested in said property, pursuant to the provisions of Chapter 90 of the Southold Town Code, and WHEREAS, said notice required that the owner of said premises secure or remove the building or structure, securing or removal to commence within ten days from the date of the service of said notice and that the same be completed within thirty days thereafter" and WHEREAS, the owners of said premises has neglected or refused to comply with the provis;.ons of said notice within .the time specified therein, and WHEREAS,' a public hearing on said matter was held by this Board on the 25th day of September, 1984. NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS: 1. That based upon the written report prepared by the Building Inspector and filed in his office and upon the evidence given by said Building Inspector at the hearing held on September 25,1984, 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 Shllll take down and remove the building or structure on said premises on or before the 25th day of October, 1984. 4. In the event that the owners shall neglect or refuse to take down and remove said structure from said premises within the time provided by the preceeding paragraph, then and in that event the Supervisor be and he hereby 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 there- after 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. Page 2 - Marlake Assoees . . 6. That the cost and expenses of the taking down and removal of the building or structure on said premises shall be collected by the Town of Southold in the manner provided for in Section 90-9 of the Code of the Town of Southold. 7. It is further ordered that a certified copy of this resolution be sent by the Town Clerk to the owner of said premises by registered mail, return receipt requested, within three days of the date hereof. * * * STATE OF NEW YORK I COUNTY OF SUFFOLK SS' Office of the Clerk of the . TOWN OF SOUTH OLD (SEAL) This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in the said County of Suffolk, have compared the foregoing copy of resolutian with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, an the .....~:ilb... day of ..........S.e.pt.eOJ.ber....... 19.B!l..., and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of soid Town this ..27.tl1...... day of ............SIlP.tllml;lli'.I;"......... 19.1,1.1;1.... Clerk of the Town Board, TO~~~ . . HEARING SOUTHOLD TOWN BOARD September 25, 1984 9: 30 A.M. IN THE MATTER OF A VIOLATION OF CHAPTER 90 (" UNSAFE BUILDINGS AND COLLAPSED STRUCTURES LAW OF THE TOWN OF SOUTHOLD") OF THE CODE OF THE TOWN OF SOUTHOLD BY MARLAKE ASSOCIATES. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Councilman James A. Schondebare Councilwoman Jean W. Cochran * * * Town Clerk Judith T. Terry SUPERVISOR MURPHY: This is a hearing in the matter of a violation of Chapter 90 of the Town Code concerning Marlake Associates. At this time I'd like to turn this over to the Special Town Attorney Lark. SPECIAL ATTORNEY RICHARD F. LARK: I just have one witness on behalf of the Town, Curtis Horton. If you would swear him in. SUPERVISOR MURPHY: Curt, do you want to stand up. Raise your right hand. Do you promise that the information you are about to give is the whole truth and nothing else by the truth, so help you God. BUILDING INSPECTOR CURTIS HORTON: do. SUPERVISOR MURPHY: Thank you. MR. LARK: Mr. Horton, for the record could you give your name and address. MR. HORTON: My name is Curtis Horton. I live at Mason Drive, Cutchogue. MR. LARK: And are you employed by the Town of Southold? MR. HORTON: Yes. MR. LARK: And in what capacity? MR. HORTON: Building Inspector. MR. LARK: And how long have you been so employed? MR. HORTON: Approximately seven years. MR. LARK: And in your capacity as the Building Inspector, did you have occasion to inspect the premises owned by Marlake Associates in the Town of Southold? MR. HORTON: Yes. . Page 2 - Marlake Assoctes . MR. LARK: Could you tell us where these premises are? MR. HORTON: They're located just past the Cutchogue-Southold Fire District going west, on the right-hand side of the road. MR. LARK: What road? MR. HORTON: Route Q8. County Route Q8. MR. LARK: County Route Q8? Okay. And what was your occasion of inspecting those premises? MR. HORTON: Well, this all started back in 1982 originally when we had many complaints with the fire districts and various different other people about the unsafe condition of this building. MR. LARK: All right. Could you describe the property owned by Marlake Associates to the Board? MR. HORTON: Well, it's a large two-story--- MR. LARK: No, just the property itself. Is it--what is it? Is it a farm? Is it a residential district? What is it? MR. HORTON: It's in an "A" zone, but it is a farm. There's a barn on the property, plus this large two-story house. MR. LARK: Approximately how old is the house? If you know. MR. HORTON: I would say probably the late 1800's. MR. LARK: Okay. And when did you have occasion to inspect this property? If you look at your notes. MR. HORTON: Can I ask you the first time or the second time? MR. LARK: Well, in the last six months, what was the last time you had occasion to inspect the property? MR. HORTON: I inspected this property on July 30th, 198Q. MR. LARK: Okay. And could you tell the Board what you inspected when you were there? MR. HORTON: Well, it's kind of hard to get to the place because it's all over-grown with grass and shrubbery and weeds and everything. They're right up to your shoulders and I did manage to get--I couldn't get to one part, the north part, there was too much poison ivy and everything else, but I did get to the--well, west side.,.- MR. LARK: The west side of what now, so we--- MR. HORTON: Of this dwelling. MR. LARK: I s the dwelling occupied? MR. HORTON: No, this dwelling has not been occupied for years. . Page 3 - Marlake Assoc.es . MR. LARK: Oh. okay. So it's a vacant building? MR. HORTON: It's a vacant building. MR. LARK: Oh. okay. So when you were there in July was it? MR. HORTON: Yes. MR. LARK: Okay. Did you gain access to the building? MR. HORTON: No. They are boarded up. I didn't dare go in. there's large holes on the outside on to the rear. I did stand ont he front porch. I thought I was going through. but I took many pictures of the outside. The conditions of the house. MR. LARK: Did you walk around the building? MR. HORTON: I walked around three sides. I did call the northeast side. because it's too overgrown. bushes. not go on the--what I would I couldn't get through the MR. LARK: All right. could you tell the Board what you observed as you walked around this dwelling? MR. HORTON: Well. there are many Iittle--see. originally when we first--this place--I first violated this place in 1982. we had them board it up. which they did. plywood over some of the windows. downstairs. not the upstairs. The reason that they boarded it up that he was supposed to have sold this house and it was supposed to be moved to Southampton. Well. it seems like this person that bought this house. all they did was go in the inside and stripped it--trim off and like that. and he abandoned his work and left it all there. So now in the process of the last two years the plywood has fallen off many of the windows and like that and large holes in the back of the roof and through the windows and elements have been coming in there--getting inside this structure. You can see from the various pictures. if you want to look. how the back cellar doors are all off and it's all rotted there and it's--if you walk on the front porch you think you're going right through--everything is completely--just from neglect and just--nobody lived in there and it's completely gone. MR. LARK: Okay. did you have a chance to observe the roof? MR. HORTON: Yes. I did. MR. LARK: And could you tell the Board what you found as a result of your looking at the roof? MR. HORTON: The rear portions of the roof are sagging and roof rafters are rotten. MR. LARK: Could you actually see the roof rafters from walking around? They were visible for you from the ground? MR. HORTON: Yes. MR. LARK: And you observed that they were--had rotted? MR. HORTON: Yes. . Page 4 - Marlake ASSOC.es . MR. LARK: Was there any holes in the exterior of the building? MR. HORTON: Yes. there are holes to the rear--most of the damage is to the rear of the house. MR. LARK: About how large would you say these holes are in the rear. if you remember looking at it? MR. HORTON: I'd have to look at my pictures first. MR. LARK: Go ahead. refresh your recollection. MR. HORTON: Well, directly in the rear of the house there's the cellar doors are off and it's the rear door and there's a large, large hole right in that area there. MR. LARK: Approximately what--- MR. HORTON: Approximately four to five feet. MR. LARK: And how high? MR. HORTON: Well, it goes--there's a whole rotted area there, maybe four foot high. Kind of hard to see it by this picture. When you look at the pictures you'll see how the undergrowth is so bad. MR. LARK: All right. In your walking around the premises, did you have a chance to be able to look in the windows? MR. HORTON: It's very hard there, you cannot look in the front because the plywood is still on the front. MR. LARK: Could you see inside the structure at all? MR. HORTON: No. you could not. MR. LARK: Well, could you make a determination as to the floor beams or anything like that? MR. HORTON: I made this determination two years ago when it was wide open-- the whole front hallway was out of it and I know it hasn't changed. MR. LARK: Okay. In other words there has been no change from a prior inspection that you made? MR. HORTON: No. MR. LARK: All right. Now, as a result of your---has the property been fenced to keep out third parties--children and-- MR. HORTON: No. MR. LARK: It has not. Have you asked the owner to--at a prior time to fence the property? MR. HORTON: He was asked to secure and everything. What he told us he was going to have it moved within thirty days. He never did. Page 5 - Marlake Assoc'es . MR. LARK: Okay. Now, as a result of your inspection--what date was that again? I believe you said in July. MR. HORTON: July 30th. MR. LARK: On July 30th did you cause a report as a result of your inspection to be filed in your office? MR. HORTON: yes. MR. LARK: Okay. Now, as a result of that written report, what, if anything, did you do? MR. HORTON: We send him a notice pursuant to Chapter 90 of the Code of the Town of Southold. MR. LARK: All right. Prior to sending that notice, did you make a determination based on your inspection, which was included in your report? MR. HORTON: Yes. MR. LARK: That this building--Iet me finish the question--that this building was structurally unsafe and dangerous? MR. HORTON: Yes, I did. MR. LARK: And did you further make a determination that as a result of the structural unsafeness of the building it was a hazard to safety of people by reason of this inadequate maintenance that you told us, and dilapidation and abandonment? MR. HORTON: Yes. MR. LARK: Okay. Now, you said you sent out a notice and that was the notice pursuant to Chapter 90 of the Code of the Town of Southold? MR. HORTON: Correct. MR. LARK: Okay. And when did you send out that notice? MR. HORTON: sent out the notice on the 15th day of August. MR. LAR K : And how did you do that? MR. HORTON: Registered mail. MR. LARK: Okay. And did you ever get a return receipt that it had been received by the owner? MR. HORTON: Yes. MR. LARK: How did you determine who the owner was to send that notice to? MR. HORTON: The tax records in the Town of Southold. MR. LARK: And who is that owner? That you sent the notice to? . Page 6 - Marlake Assoc.es . MR. HORTON: I sent it to Marlake Assodates, in care of Mr. Zimmerman. MR. LARK: Would that be Mr. Zelman? MR. HORTON: It all depends. He calls us up and tells us Zimmerman and the tax records says it's Zelman. MR. LARK: Okay, all right. So you have spoken to him? MR. HORTON: Yes. MR. LARK: Okay. And did you have occasion to post the property pursuant to Chapter 90? MR. HORTON: Yes, I did. MR. LARK: And when did you do that? MR. HORTON: On the 13th day of August, 1984. MR. LARK: Okay. And in your notice, what specifically did you ask the owner to do? MR. HORTON: Ordered him to demolish and remove remains of this structure, which shall start from ten days from the service of this notice and shall be completed within thirty days. MR. LARK: Okay. Since serving that notice on August 15th, and getting the return receipt back and posting the property, has any of that work been done that you demanded in your notice? MR. HORTON: No. The only thing that I've heard, I had a call last night from Mr. Edward Brush and he told me that the building would be removed this week. MR. LARK: Now, Mr. Edward Brush, he's a local contractor? MR. HORTON: He's a local contractor, yes. On Stillwater Avenue. Cutchogue. MR. LARK: All right. But other than that telephone conversation with Mr. Brush you have heard nothing from the owners? MR. HORTON: He did call the office and he wanted more time. He asked--I did not call the man back. MR. LARK: Okay. In light of all the circumstances surrounding this matter, do you think he warrants consideration of additional time? MR. HORTON: No. MR. LARK: And what specifically are you asking the Town Board to do in this hearing today? MR. HORTON: To issue an order to have this building--this structure removed from the property. Page 7 - Marlake Assoc.es . MR. LARK: Are you asking the Board to have the building declared unsafe and dangerous to the public? MR. HORTON: Yes. MR. LARK: And then if they so do that, then you're requesting that it be taken down and removed, this building? MR. HORTON: Correct. MR. LARK: Now, the only building you're addressing yourself to at this particular hearing today is the dwelling on the premises? MR. HORTON: Just the dwelling. I did not violate the barn, but I understand they're going to tear the barn down too. MR. LARK: All right. But the barn is not subject to what you are talking about today? MR. HORTON: No. MR. LARK: Okay. I'm going to ask you if you have a copy of your notice that you sent him out on August 15th? Okay, is that what you're handing me? MR. HORTON: Yes. MR. LARK: This is a notice dated August 3rd, 1984? MR. HORTON: Correct. MR. LARK: And does that bear your signature thereon? MR. HORTON: Yes, it does. MR. LARK: All right, and do you have your affidavit of sending this notice out, as well as your affidavit of posting the notice ont he property? MR. HORTON: Yes. MR. LARK: All right, and the affidavit you're handing me bears your signature sworn to on August 29th, 1984? MR. HORTON: Correct. MR. LARK: Okay, and attached thereto is the return receipt acknowledging that a copy of this was received by Marlake Associ~tes, the respondent? MR, HORTON: Correct. MR. LARK: All right, and also in your inspection you mentioned pictures. Did you have occasion to take pictures? MR. HORTON: Yes, I did. MR. LARK: And do you have those pictures with you? MR. HORTON: Yes, I do. . Page 8 - Marlake Assoctes . MR. LARK: Could you hand them to me? Do the pictures have dates on them-- the various dates which you-- MR. HORTON: Yes. MR. LARK: Now, the building depicted in the pictures is the building you just testified to? MR. HORTON: Correct. MR. LARK: Okay, and do these pictures, which are nine and on various dates in July and August, do they fairly and accurately depict the building on those dates? MR. HORTON: Yes, they do. MR. LARK: Has there been any substantial change from the date you took the pictures and made your inspection until--well, say today? The day of the hearing. MR. HORTON: There is no change. I was there this morning. MR. LARK: Okay, and so what is shown in the pictures, other than maybe changes in the color of the growth, but the structure itself is the same today as it was when you took the pictures in July and in August of this year? MR. HORTON: Correct. MR. LARK: Okay. Thank you, Mr. Horton. At this time, Mr. Supervisor, I'd like to introduce into evidence the Town's Exhibit Number I, which is the notice dated August 3rd, 1984, which he's testified to, and as Exhibit II the Affidavit of Service by Mailing & Posting, with the registered, the return receipt of the United States Post Office attached thereto. And as Exhibit III a series of nine photographs depicting the building, various elevations and exposures, of which the witness, Mr. Horton, has testified to, and he's also added that if the Board so decides to go take a look at this property that the photos today--even though it was taken in July--the 30th, and August 13th, the building depicted thereon would be in the same status today. There's no change, so that would be the Town's Exhibit Number III. I have nothing further to ask the witness. I f any of the Board members would like to ask him a question or two--- SUPERVISOR MURPHY: Curt, what's the condition of the barn? MR. HORTON: To tell you the truth I never got back there. It's so grown up, it doesn't look that bad, but I guess he wants to remove everything. SUPERVISOR MURPHY: Any Board member have anything? Jean? (No.) Jay? (No.) Joe? COUNCILMAN TOWNSEND: Yes. In your opinion, this building cannot be rebuilt or made safe from the public? MR. HORTON: That is correct. The reason I'm saying this is it has been stripped on the inside. This building, we were told originally, and it's probably my fault it wasn't torn down before, because we did have the same charges on him and they promised me it would be gone in thirty days and it's one of these things that just went by and the fellow just kept calling up and calling up. He had no intentions Page 9 - Marlake Assoc.es . of ever--he just went in there and started stripping all the trim, the doors and like that from the inside. COUNCILMAN TOWNSEND: So in other words it is an unsafe building that cannot be made safe? MR. HORTON: No. SUPERVISOR MURPHY: There's no historic value or anything? MR. HORTON: In fact, he tried to get the fire department to burn it down. SUPERVISOR MURPHY: Any other questions? (No response.) Dick, anything further? MR. LARK: Okay, no, based on, I think, the evidence before you I would ask for a determination that the Town Board declare this structure unsafe and dangerous to the public and order it removed in a reasonable period of time. As the witness has told you, he apparently has entered into some sort of a contract with a local contractor, so I don't think a thirty day request, if the Board so ordains, would be unreasonable at this time of the year. Again, this is one of these situations on the dual highway there in Cutchogue and I think before the Board finally makes the determination I would heartily recommend that they at least go by it and just take a look at the general situation. I just think that's in everybody's best interest that you do this. The witness has said that this particular case has gone on for several years. I'm not too concerned that it's something he just ran right out and did, he-- a lot of thought has gone into it and I think as he's testified with questions of Councilman Townsend that the building cannot be repaired, it's beyond that stage at this particular point. And I dare say it probably cannot be removed from my conversations with the Building Inspector, so I think it's something that we're going to have to have it ordered demolished and hopefully he'll do it voluntarily. Thank you. SUPERVISOR MURPHY: Thank you. Curt, can you give us a little better description of exactly where it is? MR. HORTON: Well, it's very easy. You just go right out of here and go right down liB and right where the Cutchogue/Southold Fire District sign is up, just past it. It's all overgrown, the property is. SUPERVISOR MURPHY: What do you mean past it? On Cutchogue side or Southold side? MR. HORTON: It's on Cutchogue's Fire District sign. MR. LARK: Just past the delineation of the fire district signs? MR. HORTON: Correct. MR. LARK: Would that be on the north side of the road? MR. HORTON: On the north side of the road. Just before there. It's all grown up. SUPERVISOR MURPHY: Thank you. If not, we'll close this hearing. Any other comments on it? (No response.) ***/"~- ~~ ~ . -/_ ---.;/-e:~ ~I h . Terry, South~ Clerk <', .. . . STATE OF NEW YORK TOWN OF SOUTH OLD COUNTY OF SUFFOLK - -X In the Matter of the Violation of Chapter 90 of the Code of the Town of Southold by AFFIDAVIT OF SERVICE BY MAILING & POSTING MARLAKE ASSOCIATES - - - - - - -X STATE OF NEW YORK: ss. : 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 15th day of August, 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 Marlake Associates c/o M. Zelman, 35 West 45th Street, New York, New York 10036, that being the address de- signated by said corporation 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 was mailed to Marlake Associates by Registered Mail, Return Receipt Requested (Copy of said Receipt is attached hereto) . 3. On the 13th day of August, 1984, at 9:30 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 ~I - ~s7~ ... ~ . . Structure Law of the Town of Southold) in a conspicuous place on the premises owned by Marlake Associates on the northwesterly side of North Road, Peconic, New York (Suffolk County Tax Map Designation: District 1000, Section 85.00, Block 001.00; Lot 005.000) . {J~ ~ /I~ Curtis W. Horton Sworn to before me this 29th day of August, 1984. ~~-tiL. ~~ , Notary Public ff!'!'(~ .AIITTE caRNINE .......:"."." , NOTARY PUBt.IC, St.'e of New Yo,k Suffolk County No. 52-57':'2800 0/. Commissi.n Expire, March 30, 1 tLf.../ . -. . .. REGISTERED NO ;;; ~ Z FUll VALUE $ .- 0 ~ 5 :E SOUTHOLD ~ ~l o. P. O. BOX .1 ffil SOUTHOLD "':E~ MAR LAKE =0 C I- 0 !l I- 35 1'IEST u . POSTMARK OF - TN BLD. DEPT.-C. HORTON 728 N.Y. ASSOC. % M. ZELMAN t , S.... 19"49 3806 RECEI FOR REGISTERED MAll (CwtmMr CUfJI/J ZIP CODe 111 J i:! ;1 ! t 1111 ~ ~~ ; I i; i ~.st ~i~ ! I ~ l J;~ i1ili 2.... ar~t UUth;,l ~.. ii ~~~. ! t~oo . ...: N PS Forrn3S1 1, July 1982 z cO :<: ,.J '" N ""' .[/) '-' 0;:: [/)""' O(/)l.!) "i= : :.: rJl cO Q) i~~ cOlI) :<:M .. :<: * I II II ! . ~ !io ~~ ill Ul =110 ifl!61~il :lii~il~lI! Q~I'l~_~; QOO Js . _w li! I I ~ w al ;.i " ,..; RETURN RECIIPl' . i g .. -~. I . . , . . TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUIWING INSPECTOR P.O. BOX 728 TOWN HALL SOUfHOW. N.Y. 11971 OF CHAPTER 90 OF THE CODE OF SOUTHOLD Date: August 3, 1984 TO: Marlake Associates, c/o Morris Zelman 35 West 45th Street New York, New York 10036 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 situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the northwesterly side of North Road where the same is intersected by the southwesterly side of land now or formerly or Cutchogue Associates, a co-partnership (which pre- mises were acquired by Cutchogue Associates by deed made by Judysteve Corporation dated March 25, 1966, and recorded in the Suffolk County Clerk's Office in Liber 5934 cp 329) and from said point of beginning running thence along the northwesterly side of North Road South 67u 53' 30. West 106.18 feet; thence North 44u 55' 40. West 213.01 feet to land now or formerly of Cutchogue Associates; thence along said land the following two courses and distances: (1) North 53u 24' East 133.64 feet and (2) South 36u 36' East 237.33 feet to the said northwesterly side of North Road at the point or place of BEGINNING. Suffolk County Tax Map Designation: District 1000, Section 85, Block 1, Lot 5. ~I - ~o/s/~ <~ ~ . . . B. The one family dwelling located upon your premises is structurally unsafe and dangerous and as such consti- tutes a hazard to safety by reason of inadequate main- tenance, dilapidation, and abandonment. In particular there are large holes in the floor rendering it unsafe to walk "upon, tHe windows and doors are either open or have been removed exposing the interior to elements. There is a large hole against the back door and foundation of the premises creating a safety hazard. Rear portions of the roof are sagging and the roof rafters are rotted. Further, you have not adequately fenced and secured the remains of this structure and have left same exposed so that small children can be attracted thereto and enter upon the property at will which is dangerous to their health and safety. C. You are hereby ordered to demolish and remove the remains of this structure. D. The above work shall commence within ten (lO) 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 September 25, 1984. F. If the Southold Town Board after the aforementioned hearing shall determine that the remains of the structure is unsafe or dangerous to the public, the Southold Town Board may order the remains of the structure taken down and removed. G. In the event that the remains of the structure shall be determined by the Southold Town Board to be unsafe or dangerous and in the event of your neglect or refusal to remove or correct same within the time provided, the Southold Town Board may remove such structure by whatever means it deems appropriate and assess all costs and ex- penses incurred by the Town of Southold in connection with the proceedings to remove and secure same, including the cost of actually removing the structure from the premises, against the land on which the said structure is located. e~ J/~ Curtis W. Horton Building Inspector . . RralVED. AUS 2 9184 RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD _ P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 73-4.6807 August 29, 1984 T-" CIerIr !aulttalil Town of Southold 53095 Main Road - Town Hall Southold, New York 11971 ATT: Judith T. Terry, Town Clerk RE: Marlake Associates - North Road Peconic, New York Dear Mrs. Terry: As you know from talking with my secretary, a Town Board hearing has been scheduled on the above-captioned matter for Tuesday, September 25, 1984, 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 August 3, 1984, signed by Curtis W. Horton. 2. Affidavit of Service by Mailing and Posting Sworn to by Curtis W. Horton on August 29, 1984. If you require any further information or have any questions concerning this matter, please do not hesitate to contact me. Very ~rul~ ~;1 ~~ RFL:bc Enclosures I ,..-- , Av I~ IY. (" .i l "