HomeMy WebLinkAboutMattituck Shores Associates
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TEL. 765-1802
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TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECfOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
February 19, 1982
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Southold Town Board
Town of Southold
Town Hall
Southold, N.Y. 11971
Re: Unsafe Buildings, Chapter 90
Gentlemen:
This is to report the status of the buildings which were
in violation of the Unsafe Buildings Ordinance, Chapter 90.
Nicholas Schick (Orient Point Inn). Area has been cleared,
fence erected. Building has not been shored up yet.
Harold Reese & Frederick Reese (Mallard Inn). Some win-
dows have been boarded up. Porch has not been cleared away or
shored up yet.
I do not approve of the way that the windows are boarded up.
Mattituck Shores Association. dwelling on Oregon Road &
buildlng on Sound View Avenue.
Both of these buildings have been removed to my satisfaction.
Anastasios Parianos (cellar hole, Sigsbee Road). Area has
been fenced in and he has applied to us for a Building Permit
to build a new dwelling.
Simeone & Macari (burned out dwelling, Bergen Avenue).
Building has been removed and cellar area filled in.
Cutchogue Joint Venture, Main Rd., Cutchogue. Heard from
Mr. Kessler and he requested a 30 day extension of this order.
Yesterday I received a phone call from a Mr. Barry D. Pincus.
He informed me that Serpentine Real Estate Corp. had just pur-
chased the property. They (Serpentine R. E. Corp.) requested
an extension of time. I granted them until 11:00 o'clock,
April 20, 1982. I have enclosed their letter which explains
the situation.
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RECEIVED
HB 1 9 1982
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T~ CleIl( ~outhold TOIm Board
2/19/82
Unsafe Buildings, Chap. 90
Page 2
Marlake Associates (unsafe dwelling, North Road, Cutchogue).
I have been in touch with a Mr. I. S. Friedman of Marlake Asso-
ciates. He said that the problem will be taken care of. The
dwelling has been sold and will be moved away by mid April.
I gave them until 11:15 o'clock A.M., April 20, 1982 to accomp-
lish this. A letter in regard to this is enclosed.
Very truly yours,
(!~t:; 1'(?I~
Curtis W. Horton
Building Inspector
CWH:ec
Enclosures
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The Southold Town Board made the following decision on January 19,
1982 in the matter of Mattituck Shores Associates, Unsafe Building
Hearing:
WHEREAS, the Southold Town Board held a hearing at 11:30 A.M.,
January 19, 1982 in the matter of Notice to 1mttituck Shores
Associates pursuant to Chapter 90 of the Code of the Town of
Southold relative to two structures located on the southerly
side of Sound View Avenue, Mattituck, New York, which have been
determined to be structurally unsafe and dangerous by Building
Inspector Curtis W. Horton, now, therefore, be it
RESOLVED that as a result of said hearing on January 19, 1982, the
Southold Town Board agrees with Building Inspector Horton that the
house and the barracks building owned by Mattituck Shores Associates
on the southerly side of Sound View Avenue, Mattituck, New York are
unsafe and dangerous and as such constitute a hazard to safety by
reason of inadequate maintenance, dilapidation and abandonment.
In particular, large sections of the roof of the house have been
removed, windows and dooras have been removed and are broken,
sections of standing walls have been removed leaving the interior
of the building exposed to the elements and there are numerous holes
in the floors. Large sections of the roof of the barracks building
have been removed, windows and doors have been removed leaving the
interior of the building exposed to the elements and there are
numerous holes in the floors, and be it further
RESOLVED that within 30 days from the date of the hearing, January
19, 1982, the buildings must be demolished and the debris removed,
and the foundation hole filled in.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
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HEARING
SOUTHOLD TOWN BOARD
11:30 A.M., TUESDAY, JANUARY 19, 1982, PURSUANT TO CHAPTER 90 OF THE
CODE OF THE TOWN OF SOUTHOLD, "UNSAFE BUILDINGS", RE: MATTITUCK SHORES
ASSOCIATES.
Present: Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Special Attorney Richard F. Lark
SUPERVISOR PELL: Mr. Horton, raise your right hand. Do you swear
that the testimony you are about to give will be the whole truth and
nothing but the truth so help you God?
MR. CURTIS W. HORTON:
I do.
SUPERVISOR PELL: Have a seat, please. Mr. Lark, is anybody here
representing Mattituck Shores Associates?
SPECIAL ATTORNEY LARK: I was told by Mr. Horton as I walked into
the hearing room that Howard Wells a contractor in Mattituck, would
be here on behalf of the owners, Mattituck Shores.
SUPERVISOR PELL: Mr. Wells is here.
SPECIAL ATTORNEY LARK: I don't know who the principles are except
that it is on the tax rolls as Mattituck Shores Associates.
SUPERVISOR PELL: Continue, Mr. Lark.
SPECIAL ATTORNEY LARK:
inspector, did you have
Shores in Mattituck?
Mr. Horton, in your capacity as the building
occasion to inspect property owned by Mattituck
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Not all the Board members might be familiar--
could you tell the Board where this property is. Just start off and
explain to them where it's at.
MR. HORTON: The first place is on Oregon Road, just opposite, off
Mill Lane. It's a burned out tenant house, I guess, pretty well
all burned out and everything else. We have a letter here from the
Mattituck Fire Department requesting something be done. The other
building, on the same piece of property, which I think was all
referred to as the old firing point or old barracks building or what-
ever it was up there, was burnt in one section and there were several
,
PAGE 2 - UNSAFE B~DING - MATTI TUCK SHORES AttOCIATES
fires up there and now it's beyond repair, in dispair, because
it's collapsed, holes have been kicked in the walls and everything
else.
SPECIAL ATTORNEY LARK: Are these buildings, are they on a larger
tract of land?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: What would you describe the larger tract
of land?
MR. HORTON: Well, it's a tract of land that extends from Oregon
Road to Soundview Avenue.
SPECIAL ATTORNEY LARK: And is it farm land?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK:
Is it a working farm today?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Are these buildings presently occupied?
MR. HORTON: No.
SPECIAL ATTORNEY LARK: In your capacity as building inspector, you
caused an inspection to be done on December 18th, 1981?
MR. HORTON:
Yes, I did.
SPECIAL ATTORNEY LARK: And could you specifically tell the Board
what you found as a result of your inspection?
MR. HORTON: The tenant house on Oregon Road is completely gone. I
have several pictures here.
SPECIAL ATTORNEY LARK: When you say gone, be a little more specific.
MR. HORTON: It is burnt throughout. The roof is all charred. It's
just charred rafters up there and like that. They made no attempt
to repair this or anything else, it's just what you called a burned
out building, 100% destroyed. The other building up there on Sound-
view Avenue---
SPECIAL ATTORNEY LARK:
Is that what you refer to as the barracks?
MR. HORTON: The barracks. The west section has been burned and it
dropped and the rafters are laying there, the trusses and like that
and the other section is still standing. Now, I have been in--the
man, Mr. Conston has written us a letter and he has also called Mr.
Fisher and he tells us he has hired a contractor to remove both these
buildings.
SPECIAL ATTORNEY LARK: Now, as a result of the inspection, did you
PAGE 3 - UNSAFE B~DING - MATTI TUCK SHORES AttOCIATES
cause a Notice to be sent to the owner?
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: And how did you determine who the owner
was of this property?
MR. HORTON: By our tax rolls.
SPECIAL ATTORNEY LARK: And do you have copies of the Notice and
the Affidavit where you did send it?
MR. HORTON: Yes, I do.
SPECIAL ATTORNEY LARK: What you handed me was a Notice dated
December 18th with an Affidavit of Service saying that you served
and posted it on that day, is that correct?
MR. HORTON: Yes.
(Notice, Pursuant to Chapter 90 of the Code of the Town of Southold
to: Mattituck Shores Associates, c/o H. Conston, dated December 18,
1981, was entered as the Town's Exhibit I. Affidavit of Service by
Mail & Posting, The Town of Southold against Mattituck Shores Associa-
tes, signed by Curtis W. Horton and sworn to on December 31, 1981 was
entered as the Town's Exhibit II.)
SUPERVISOR PELL: Mr. Lark, you are doing both hearings at the same
time?
SPECIAL ATTORNEY LARK: There are two buildings on one property and
we are doing both of them as one application.
On the 18th of December, did you have cause to take any pictures
of this house and this building?
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: Do you have them with you?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Give me the ones with the house first, Mr.
Horton, so we don't get confused with the records. As I understood,
Mr. Horton, the house is on the southerly portion of this tract of
land, whereas what you refer to as the barracks is on the northerly
toward the Sound, is that correct?
MR. HORTON: Correct.
SPECIAL ATTORNEY LARK: So the property runs from Oregon Road toward
Long Island Sound. Now, the two pictures that you are giving me, which
I'll have introduced as Exhibit III, are of the burned our house that
you referred to?
MR. HORTON: That's correct.
PAGE 4 - UNSAFE B~ING - MATTITUCK SHORES A4ItOCIATES
(Two photographs dated December 18, 1981 were entered into the
record as the Town's Exhibit III.--the house.)
SPECIAL ATTORNEY LARK: Do you have pictures of this barracks
building you described in your notice and that you just talked
about?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: You've just handed me two photos---
MR. HORTON: They're not the best.
SPECIAL ATTORNEY LARK: But this is what you told about of roofing
collapsed and stuff like that, this is what you're trying to show
in the photographs? This is of the barracks building?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: And both these photographs which will be
Exhibit IV, and Exhibit III fairly and accurately represent what
you saw there on December 18th?
MR. HORTON: Yes.
(Two photographs dated December 18, 1981 were entered into the
record as the Town's Exhibit IV.--the barracks.)
SPECIAL ATTORNEY LARK: As a result of your inspection of the
property on December 18th, did you make a determination as to the
condition--as to the buildings condition as involves the structural
safety?
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: Let's take the house on the southerly
portion which is subject to fire. What was your determination about
that?
MR. HORTON: It was definitely unsafe.
SPECIAL ATTORNEY LARK: And let's talk about the barracks which is
on the northerly portion.
MR. HORTON: Same conditions.
SPECIAL ATTORNEY LARK: That the building is structurally unsafe?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Now, you said that you received complaints
from Mattituck Fire Department, is that correct?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Do you have a copy of that complaint?
PAGE 5 - UNSAFE B8IlDING - MATTITUCK SHORES AttOCIATES
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: And this was a copy of a letter that was
received by you from a Mr. Harrison of the fire department?
MR. HORTON:
It was sent to our Building Department.
SPECIAL ATTORNEY LARK: And that is dated November 28, 1981?
MR. HORTON:
Correct.
SPECIAL ATTORNEY LARK: And it was in response to this letter that
you started to do your inspections of the property?
MR. HORTON: Correct.
(Letter from the Mattituck Fire Department, John C. Harrison,
dated November 28, 1981 was entered in the record as the Town's
Exhbiit V.)
SPECIAL ATTORNEY LARK: You also say that the owner sent you a
letter. Do you have a copy of that letter?
MR. HORTON:
I do.
SPECIAL ATTORNEY LARK: I think that will be helpful to the Board.
Is that the original letter?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Now, this letter is dated December 22nd,
is that correct?
MR. HORTON: Correct.
SPECIAL ATTORNEY LARK: This letter was sent in response to the
Notice that you had mailed out on the 18th of December, is that
right?
MR. HORTON: Correct.
SPECIAL ATTORNEY LARK:
he realizes he will be
the house?
This is the letter wherein he says that
away but he has every intention of removing
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Have you had any discussions with this owner
Mr. Conston concerning when he would remove these structures?
MR. HORTON: All I know is--I didn't talk to him directly. He wrote
this here and then he called the Building Department. I was not in
and he talked to Mr. Fisher. He said he intended to remove these
structures. In had, in the meantime, found out Mr. Wells here had
called me on Sunday and wanted to know what he had to do up to the
different jobs to remove and what had to be done. He wanted to know
PAGE 6 - UNSAFE BtIlDING - MATTI TUCK SHORES AtltOCIATES
about the slab up there. I told him the slab did not have to be
removed, if they wanted to build on it or something like that
some day, because it is a beautiful cement slab and there is no
reason to remove the slab, it is not a danger. He was also asking
about the chimney up there and I said the chimney didn't have to be
removed, that could be a landmark, because if anybody has ever been
up there and looked at this chimney, it is solid, it's not going to
fall down. Made like the Rock of Gibralter.
SPECIAL ATTORNEY LARK:
Board, which I am going
by the landower of your
to do something?
But that letter that I just handed to the
to mark as Exhibit VI, is an acknowledgement
Notice and the conversation that he intended
MR. HORTON: Correct.
SPECIAL ATTORNEY LARK: Now, since the time you sent the Notice
until today, have you inspected the property again?
MR. HORTON: Yes, I have.
SPECIAL ATTORNEY LARK: When?
MR. HORTON: Several times.
SPECIAL ATTORNEY LARK: When was the last time you inspected it?
MR. HORTON: Yesterday morning.
SPECIAL ATTORNEY LARK: And yesterday morning had anything been done?
MR. HORTON: No.
SPECIAL ATTORNEY LARK: So the only acknowledgement other than
conversations you might have had with Mr. Wells who is going to
talk in a minute, is with this letter that the owner acknowledged
it and planned sometime in the future to do something about it, is
that correct?
MR. HORTON: Correct.
(Letter from Henry S. Conston, dated December 22, 1981, to the
Town of Southold, Office of Building Inspector, Attn: Mr. Curtis
W. Horton, was entered in the record as the Town's Exhibit VI.)
SPECIAL ATTORNEY LkRK: And did you take any pictures yesterday
when you were at the buildings?
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: Are there any different exposures than you
had before? Which is the burned out house? (Mr. Horton indicated.)
(Photograph dated January 18, 1982, 11:15, front of building, Oregon
Road was entered in the record as the Town's Exhibit VII.)
PAGE 7 - UNSAFE B8IlDING - MATTITUCK SHORES A~OCIATES
(Photograph dated January 18, 1982, 11:25, inside, Soundview Avenue
was entered in the record as the Town's Exhibit VIII.)
SPECIAL ATTORNEY LARK:
so on and so forth you
of these buildings?
And as a result of these inspections and
had made the determination as to the safety
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: And could you tell us what that determination
is?
MR. HORTON: The house needs to be removed and the foundation filled
in like that.
SPECIAL ATTORNEY LARK:
In your opinion, is that structurally unsafe?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK:
Is the property in any way fenced?
MR. HORTON: No.
SPECIAL ATTORNEY LARK: Okay, now let's talk about the barracks
building. Have you rendered an opinion as to the structural
condition of that building?
MR. HORTON: Yes, it is structurally unsafe too.
conditions I would like to see done. There is a
right next to it, a pump house I guess, needs a
no one will be running into that. If they tear
and leave the slab there and the chimney there,
fine.
There are several
cement block building
door put on it so
down this building
everything will be
SPECIAL ATTORNEY LARK: And is that property where this barracks
building is, is that fenced?
MR. HORTON: No.
SPECIAL ATTORNEY LARK:
It's not secured in any way?
MR. HORTON: No.
SPECIAL ATTORNEY LARK:
I have no other questions at this time.
SUPERVISOR PELL: Thank you. Councilman Murdock.
COUNCILMAN MURDOCK: Was not that barracks building the scene of a
recent fire that's under investigation?
MR. HORTON: Correct.
COUNCILMAN MURDOCK: I was going to ask you if you had inspected
that cement block building also, because I do feel that as part
of this hearing it should be closed solidly.
PAGE 8 - UNSAFE BtIlDING - MATTITUCK SHORES A~OCIATES
MR. HORTON: That's what I think too.
SPECIAL ATTORNEY LARK: Where is this cement block building in
relationship to the barracks building?
MR. HORTON: Just a little bit to the northeast of it.
SPECIAL ATTORNEY LARK: What is it, an accessory building?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: What does it contain, if you know?
MR. HORTON: I really don't know. I think it used to be a pump
house.
SPECIAL ATTORNEY LARK: Oh, a pump house for the barracks?
COUNCILMAN MURDOCK: In the last recent years that I used to rent
stall space up there, I kept a horse in the so-called barracks
building and at one time they had kept horses in that cement block
building also. That's the last use I know of it. It has been used
as a stable.
SPECIAL ATTORNEY LARK: How long ago was that?
COUNCILMAN MURDOCK: Five years or a period, of somewheres--I lost
track of exactly when it had stopped being used as a stable, but
five years ago I rented a portion of that barracks. But of course
it has been abandoned and the big problem is it is a subject of arson.
That attracts people as most all of these abandoned buildings do and
now it has gotten to the point where they're setting them on fire.
SUPERVISOR PELL: Would any other Councilman like to ask Mr. Horton
anything while he's on the stand? (No response.)
SPECIAL ATTORNEY LARK: Mr. Wells, do you have anything you would
like to ask Mr. Horton?
MR. HOWARD WELLS: No.
SUPERVISOR PELL: Mr. Wells, do you represent the owner?
MR. WELLS: I guess so.
SUPERVISOR PELL: Mr. Wells, please stand and raise your right hand.
Do you swear that the testimony that you are about to give will be
the whole truth and nothing but the truth so help you God?
MR. WELLS: I do.
SUPERVISOR PELL: Thank you. Have a seat and bring us up to date.
MR. WELLS: I received telephone confirmation of the job maybe two
weeks ago. I had some excavating work to finish up and I planned to
get at it as soon as possible.
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PAGE 9 - UNSAFE BtltDING - MATTI TUCK SHORES A4ItOCIATES
SPECIAL ATTORNEY LARK: Tell the Board what you were hired to do.
MR. WELLS: Demolish the buildings.
SPECIAL ATTORNEY LARK: Both of them?
MR. WELLS: Both.
SPECIAL ATTORNEY LARK: And you agreed to do that?
MR. WELLS: Yes. I didn't know there was a time limit on it.
But with a demolition job you wait until you can't dig anymore and
the last few days have been so cold I won't run a machine in less
than 20 degrees. The one house on Oregon Road we can have out i-
about half a day. The other one maybe two days.
SPECIAL ATTORNEY LARK: When would you contemplate on doing this
work, Mr. Wells?
MR. WELLS: Can you guarantee the weather? I could do it tomorrow
if the weather--
SPECIAL ATTORNEY LARK: I mean if you got a break in the weather.
I understand. It's about a three day jOb from what you are telling
us.
MR. WELLS: If I got a break in the weather it will be done this week.
SUPERVISOR PELL: Let me just clarify this. You were engaged by the
owner Mr. Conston to demolish and clean up both buildings and you will
do that as soon as the weather permits?
MR. WELLS: Right.
SUPERVISOR PELL:
ask Mr. Wells?
Any Councilmen have anything they would like to
Mr. Murdock.
COUNCILMAN MURDOCK:
Is that take down and remove or just take down?
MR. WELLS: And remove.
SPECIAL ATTORNEY LARK: I do have one question on behalf of the Town.
The subject came of this accessory building which was maybe used as
a pump house. Did the owner talk to you about that or have you looked
at that?
MR. WELLS: No, as far as I know there was no sticker nor no complaint
on that. It might need a door but otherwise I think it's safe.
SPECIAL ATTORNEY LARK: Is that your assessment of it?
MR. HORTON: It needs a door put on it, closed up.
MR. WELLS: It's a cement block building and has a good roof on it.
It should have a door.
PAGE 10 - UNSAFE ~LDING - MATTITUCK SHORES~SOCIATES
SPECIAL ATTORNEY LARK: Other than that, the building appears to
be in good shape?
MR. WELLS: I think so.
SPECIAL ATTORNEY LARK: But the other one you are going to remove?
MR. WELLS: Yes.
SUPERVISOR PELL: Councilman Murdock.
COUNCILMAN MURDOCK:
it upon yourself to
this contract?
Do you think the owner would object if you took
secure that opening in that building as part of
MR. WELLS: No. He wouldn't object if I was to do it for nothing.
COUNCILMAN MURDOCK: I wouldn't object if you did work for me for
nothing either, but---
MR. WELLS:
If there is a door there I can nail it on.
COUNCILMAN MURDOCK: I think the door has been removed. It would
probably require a piece of plywood.
MR. WELLS: There might be a piece on the other building.
COUNCILMAN MURDOCK:
efforts a little bit
from being called.
If you would, while you are there, extend your
in that direction it might keep another hearing
SUPERVISOR PELL: Coun dlman Nickles.
COUNCILMAN NICKLES: I was just going to raise the question--I don't
think that building is part of the issue.
SPECIAL ATTORNEY LARK: No, that wasn't subject to his inspection.
This just came up during the course of the hearing and I just thought
maybe to clarify it, just to find out what the condition was to prevent
anything in the future. But you're correct, it's not per se the subject.
COUNCILMAN NICKLES: And because the door is open and the building is
in sound condition doesn't necessarily mean that it's an unsafe build-
ing. We can't assume all the liabilities for private property in this
can we? Howard, how much time do you need to do this, what do you
call a reasonable length of time?
MR. WELLS:
half day.
to salvage
As I say, we can have that down and out in less than a
The other one--there's not that much material but I hope
some.
COUNCILMAN NICKLES: I'm trying to find out from you--do you need
30 days as a reasonable length of time allowing for vagaries of
the weatherman and so forth? Or two weeks or what would you say is
a reasonable length of time to accomplish what you've been asked to
to do?
I
PAGE 11 - UNSAFE B~ILDING - MATTI TUCK SHORES ASSOCIATES
MR. WELLS: I'd like to see thirty days. That should give us
some time for decent weather.
SUPERVISOR PELL: The January thaw is going to come.
man have anything they would like to ask Mr. Wells?
Any summation by either party?
Any Council-
(No response.)
SPECIAL ATTORNEY LARK: I don't think so.
to take them down, it's just a question of
you want to give them to do it.
I think they're going
time, how much, if any
SUPERVISOR PELL: Thank you. The Board will make a decision before
the day is up I hope. Thank you, Mr. Wells.
* * *
~cUd~~~
Judith T. Terry 0'
Southold Town Clerk
The Southold Town Board made the following decision on January 19,
1982 in the matter of Mattituck Shores Associates, Unsafe Building
Hearing:
WHEREAS, the Southold Town Board held a hearing at 11:30 A.M.,
January 19, 1982 in the matter of Notice to Mattituck Shores
Associates pursuant to Chapter 90 of the Code of the Town of
Southold relative to two structures located on the southerly
side of Sound View Avenue, Mattituck, New York, which have been
determined to be structurally unsafe and dangerous by Building
Inspector Curtis W. Horton, now, therefore, be it
RESOLVED that as a result of said hearing on January 19, 1982, the
Southold Town Board agrees with Building Inspector Horton that the
house and the barracks building owned by Mattituck Shores Associates
on the southerly side of Sound View Avenue, Mattituck, New York are
unsafe and dangerous and as such constitute a hazard to safety by
reason of inadequate maintenance, dilapidation and abandonment.
In particular, large sections of the roof of the house have been
removed, windows and dooras have been removed and are broken,
sections of standing walls have been removed leaving the interior
of the building exposed to the elements and there are numerous holes
in the floors. Large sections of the roof of the barracks building
have been removed, windows and doors have been removed leaving the
interior of the building exposed to the elements and there are
numerous holes in the floors, and be it further
RESOLVED that within 30 days from the date of the hearing, January
19, 1982, the buildings must be demolished and the debris removed,
and the foundation hole filled in.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
.
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Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL SLHISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
'of:
January 27, 1982
Mr. Curtis W. Horton
Building Inspector
Town of Southold
Southold, New York 11971
Dear Mr. Horton:
The Southold Town Board made the following decision
with relation to the Unsafe Building hearing held in the
matter of Mattituck Shores Association on January 19, 1982:
Within 30 days from the date of the hearing, the
buildings must be demolished and the debris removed,
and the foundation hole filled in.
Very truly yours,
~~7.
Judith T. Terry
Southold Town Clerk
.
,
.
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HENRY S. CONSTON
21 FLOWER LANE
KINGS POINT, N. Y. 11024
Town of Southold
Office of Building Inspector
TownHall
P. O. Box 728
Southold, L.I.,N.Y. 11971
Attn: Mr. Curtis W. Horton
December 22/ 1981
Re: Mattituck Shores Associates
Dear Mr. Horton,
I acknowledge receipt of your notice
dated December 18, 1981, which requires me to
remove certain structures from the property.
Under item B., you refer to a house
and a "barracks building". Does the reference
to the "barracks building" mean the barn facing
the southern side of Soundview Avenue?
I have every intention of removing the
house which, I know, has been in bad condition
for some time. I have not, however, been aware
that there is a problem with any building on
the property and intend to visit the property
as soon as I can to inspect it.
In view of the fact that I am planning
a two-week trip and since I do not live close to
the property, I would appreciate having a
reasonable extension to complete the work. I
would expect to be able to take care of the
matter by the end of March by which time I ex-
pect the problems of inclement winter weather
to be over.
Very truly yours,
HSC:cn
tcyl ~,<//&~/L)
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~'t~ t!:d~:e4C l7T
Chief
NORMAN A. REILLY SR.
298-8692
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Secretary
JOHN A. KEOGH
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- - - - - - - - - - - - -x
THE TOWN OF SOUTHOLD
against
AFFIDAVIT OF SERVICE BY MAIL
& POSTING
~~TTITUCK SHORES 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 18th day of December, 1981, 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 Mattituck Shores Associates, c/o H. Conston,
21 Flower Lane, Kings Point, New York 11024, that being the
address designated by the partnership for that purpose by de-
positing 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 Cutchogue,
New York. Said Notice Pursuant to Chapter 90 of the Code of the
Town of Southold was mailed to Mattituck Shores Associates by
Certified Mail, Return Receipt Requested.
3. On the 18th day of December, 1981, at J.(J. II{ 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
Strucutre Law of the Town of Southold in a conspicuous place
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.
.
.
on the premises owned by Mattituck Shores Associates located on
the southerly side of Sound View Avenue, Mattituck, New York.
~/0/J~d ?i:cd/Y"l
Curtis W. Horton 0-
Sworn to before me this
31st. day of December, 1981.
Jp.r!&;o.' ,
u '-, r'~:~,.:C. ~,~t(> <of t -,w York
",,,",,
~ :'1 '1:;Q6 . ~uf:oll< C~'Jnty
''';<'0 hl'i".. MM~ll 30, 19 'l~
.
.
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 18, 1981
TO: Mattituck Shores Associates
c/o H. Conston
21 Flower Lane
Kings Point, New York 11024
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 thereon erected, situate, lying
and being in Mattituck, in the Town of Southold,
Suffolk County, New York, and bounded and described
as follows:
BEGINNING at a monument in the southerly side
of Sound View Avenue where the easterly line of the
hereinafter described premises and the westerly line
of land now or formerly of Joseph F. Krupski inter-
sects said southerly side of Sound View Avenue, said
point of beginning being distant 1,384.57 feet easterly
when measured along the southerly side of Sound View
Avenue from the extreme easterly end of the arc of a
curve connecting the said southerly side of Sound
View Avenue with the easterly side of Saltaire Way as
shown on Subdivision "Saltaire Estates" File No. 4682;
running thence South 200 24' 40" East along las men-
tioned line 99.89 feet to a monument; thence South 190
52' 30" East still along last mentioned line and pas-
sing through a monument 3,715.68 feet to a pipe in the
northwesterly side of Oregon Road; thence South 450 57'
20" West along the northwesterly side of Oregon Road
and passing through a monument, 658.90 feet to a monument
and land now or formerly of John Cybulski; thence North
180 18' 30" West along last mentioned land and passing
through a post and a monument, 4,015.53 feet to a monu-
ment in the southerly side of Sound View Avenue; thence
North 610 51' East along the southerly side of Sound
View Avenue, 495.58 feet to the monument, at the point
of place of BEGINNING.
J ;h~ c~L/ I
YYf~
.
.
Suffolk County Tax Map Designation: District
1000, Section 100, Block 2, Lot 2.
B. The house located on your property is structurally
unsafe and dangerous and as such constitutes a
hazard to safety by reason of inadequate maintenance,
dilapidation, and abandonment. In particular large
sections of the roof have been removed, windows and
doors have been removed and are broken, sections of
standing walls have been removed leaving the interior
of the building exposed to the elements and there
are numerous holes in the floors. As a result of not
properly fencing and securing the area around the
house the same has been left exposed resulting in
unauthorized persons entering the property and fires
being set in or about the building.
The barracks building located on your property is
structurally unsafe and dangerous and as such con-
stitutes a hazard to safety by reason of inadequate
maintenance, dilapidation, and abandonment. In par-
ticular large sections of the roof have been removed,
windows and doors have been removed leaving the in-
terior of the building exposed to the elements and
there are numerous holes in the floors. As a result
of not properly fencing and securing the area around
the barracks building, the same has been left exposed
resulting in unauthorized persons entering the property
and fires being set in or about the building.
C. You are hereby ordered to either: demolish and remove
the remains of both structures or immediately board
them up in order to prevent any further deterioration
and properly fence and secure the area of the property
around these buildings to prevent unauthorized people
from entering upon the property. After this is ac-
complished, if you choose to rebuild and refurbish
these buildings, you will have to obtain a Building
Permit from the Southold Town Building Department.
D. The above work shall commence within ten (10) days
from the date of service of this notice and shall be
completed within thirty (30) days thereafter.
E. In the event you fail to comply with the above, a
hearing will be held before the Southold Town Board
concerning same at 11:30 o'clock on January 19, 1981.
F. If the Southold Town Board after the aforementioned
hearing shall determine that the remains of the struc-
ture is unsafe or dangerous to the public, the
Southold Town Board may order the remains of the
structures taken down and removed.
.
.
..
G. In the event that the remains of the structures
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 structures by whatever
means it deems appropriate and assess all costs
and expenses incurred by the Town of Southold in
connection with the proceedings to remove and
secure same, including the cost of actually
removing the structures from the premises against
the land on which the said structures are located.
c~w 7zf~
Curt~s W. Horton
Building Inspector
.
.
-
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 18, 1981
TO: Mattituck Shores Associates
c/o H. Conston
21 Flower Lane
Kings Point, New York 11024
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 thereon erected, situate, lying
and being in Mattituck, in the Town of Southold,
Suffolk County, New York, and bounded and described
as follows:
BEGINNING at a monument in the southerly side
of Sound View Avenue where the easterly line of the
hereinafter described premises and the westerly line
of land now or formerly of Joseph F. Krupski inter-
sects said southerly side of Sound View Avenue, said
point of beginning being distant 1,384.57 feet easterly
when measured along the southerly side of Sound View
Avenue from the extreme easterly end of the arc of a
curve connecting the said southerly side of Sound
View Avenue with the easterly side of Saltaire Way as
shown on Subdivision "Saltaire Estates" File No. 4682;
running thence South 200 24' 40" East along las men-
tioned line 99.89 feet to a monument; thence South 190
52' 30" East still along last mentioned line and pas-
sing through a monument 3,715.68 feet to a pipe in the
northwesterly side of Oregon Road; thence South 450 57'
20" West along the northwesterly side of Oregon Road
and passing through a monument, 658.90 feet to a monument
and land now or formerly of John Cybulski; thence North
180 18' 30" West along last mentioned land and passing
through a post and a monument, 4,015.53 feet to a monu-
ment in the southerly side of Sound View Avenue; thence
North 610 51' East along the southerly side of Sound
View Avenue, 495.58 feet to the monument, at the point
of place of BEGINNING.
.
.
Suffolk County Tax Map Designation: District
1000, Section 100, Block 2, Lot 2.
B. The house located on your property is structurally
unsafe and dangerous and as such constitutes a
hazard to safety by reason of inadequate maintenance,
dilapidation, and abandonment. In particular large
sections of the roof have been removed, windows and
doors have been removed and are broken, sections of
standing walls have been removed leaving the interior
of the building exposed to the elements and there
are numerous holes in the floors. As a result of not
properly fencing and securing the area around the
house the same has been left exposed resulting in
unauthorized persons entering the property and fires
being set in or about the building.
The barracks building located on your property is
structurally unsafe and dangerous and as such con-
stitutes a hazard to safety by reason of inadequate
maintenance, dilapidation, and abandonment. In par-
ticular large sections of the roof have been removed,
windows and doors have been removed leaving the in-
terior of the building exposed to the elements and
there are numerous holes in the floors. As a result
of not properly fencing and securing the area around
the barracks building, the same has been left exposed
resulting in unauthorized persons entering the property
and fires being set in or about the building.
C. You are hereby ordered to either: demolish and remove
the remains of both structures or immediately board
them up in order to prevent any further deterioration
and properly fence and secure the area of the property
around these buildings to prevent unauthorized people
from entering upon the property. After this is ac-
complished, if you choose to rebuild and refurbish
these buildings, you will have to obtain a Building
Permit from the Southold Town Building Department.
D. The above work shall commence within ten (10) days
from the date of service of this notice and shall be
completed within thirty (30) days thereafter.
E. In the event you fail to comply with the above, a
hearing will be held before the Southold Town Board
concerning same at 11:30 o'clock on January 19, 19~
F. If the Southold Town Board after the aforementioned
hearing shall determine that the remains of the struc-
ture is unsafe or dangerous to the public, the
Southold Town Board may order the remains of the
structures taken down and removed.
.
.
G. In the event that the remains of the structures
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 structures by whatever
means it deems appropriate and assess all costs
and expenses incurred by the Town of Southold in
connection with the proceedings to remove and
secure same, including the cost of actually
removing the structures from the premises against
the land on which the said structures are located.
c~v ~~
CurtJ.s W. Horton
Building Inspector