HomeMy WebLinkAboutMillman, Saul & Janet
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TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
DEe 2 91986
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December 29, 1986
TO:
Judith Terry
Town Clerk . ! .
Victor Lessard 't..(c".;
Exec. Admin.
Millman unsafe building
FROM:
SUBJECT:
Please notify the Town Board, an inspection has
been made on the property of Mr. Saul Millman and the
building has been removed. The unsafe building condition
no longer exists and I recommend this file be closed.
TEL. 765-1802
';:,Juht-/3~~
COpy FOR Y8UI
INFORMATION
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
December 18, 1986
Saul & Janet
P.O. Box 355
Peconic, New
Millman
York
11958
Dear Saul & Janet:
Action taken by the Town Board on December 16th, has
extended the time on removing the building until January I, 1987.
This is the second time it has been extended. I strongly suggest
this problem be satisfied as soon as possible to avoid any
conditions that would develop if the present situation remains.
z~z~
Victor Lessard
Executive Administrator
Southold Town Building Dept.
VL:gar
cc to:
Judith T. Terry, Town Clerk
Curtis Horton
REGISTERED MAIL
RETURN RECEIPT REQUESTED
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TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
JUDITH T. TERRY
REGISTRAR OF VITAL STATISTICS
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 DECEMBER 16,1986:
WHEREAS, the Town Board of the Town of Southold granted Saul and Janet Millman
an extension to December 12,1986 to remove their building located on Horton Lane,
Southold by a controlled burning of same by the Southold Fire Department, and
WHEREAS, the Suffolk County Board of Health has refused to issue the requi red
permits to permit the building to be burned,
NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. That Saul and Janet Millman be granted additional time up to January 1,
1987 to remove said' structure from their premises on Horton Lane, Southold.
2. That the Building Inspector be and he hereby is 'instructed to notify Saul
and Janet Millman, in writing, Certified Mail, Return Receipt Requested, that the Town
Board has granted an extension of time for the removal of said building up to January
1,1987.
3. That in the event that Saul and Janet Millman refuse to remove the building
as provided by the Town Board. that the Town Board shall take such action it' 'deems
necessary, as provided for in Section 90'-9 of the Code of the Town of Southold. and
the cost for removal of the building or structure and expenses for same shall be
collected by the Town of Southold.
1I. That the Building Inspector shall send a certified copy of this resolution to
Saul and Janet Mi IIman.
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,,;7i7udith T. Terry c7
Southold Town Clerk
December 17,1986
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TEL. 76S-18oy€j)
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TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
December 15, 1986
TO:
FROM:
SUBJECT:
Town Board Members
Curtis Horton
Saul and Janet Millman
This is to report that as of this date, the building
on Horton's Lane, Southold owned by Saul and Janet
Millman, has not been removed as ordered by the Town
Board. The date that the building was to be removed
by was Dec.. 12, 1986.
~~ /ef~-
Curtis W. Horton
Senior Building Inspector
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JUDITII T. TERRY
TOWN CLER to.:
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 18,1986:
WHEREAS, the Town Board of the Town of Southold at a regular meeting held on
October 21, :1986, adopted a resolution determining and ordering that Saul and
Janet Milhnan, the owners of a building on Horton Lane, Southold, shall erect a
six' (6) foot high chain link fence around the immediate area of the building,
acceptable and approved by the Building Inspector, within fifteen days from
October 21, .1986, and the owners of the building or structure on said' premises
shall make safe, to the approval of the Building Inspector, or remove the build-
ing or structure on said' premises on or before the 21st day of November, 1986, and
WHEREAS, Saul Mi IIman appeared before the Southold Town Board at their' regular
meeting held on November 18,1986 and requested additional time to allow the Southold
Fire Department to obtain the necessary permits to conduct a controlled burning of
the building in question, now, therefore, be it'
RESOLVED that the Town Board of the Town of Southold hereby grants Saul and
Janet Millman until December 12, 1986 to remove the building or structure on their'
property at Horton Lane, Southold, and be it further
RESOLVED that on and after December 12,1986 all of the conditions of the resolution
of the Southold Town Board adopted on October 21, :1986, and mailed to Saul and
Janet Millinan by registered mail, return receipt. shall become effective and the
Supervisor and the Town Board shall take the necessary steps to remove the build-
ing or structure and the cost and expenses for same 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.
dd~~f' .
~Judith T. Terry
Southold Town Cler
November 19, :1986
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JUDITH T. TERRY
TOWN CLFRK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Saul Millman and Janet Millman
P. O. Box 355
Peconic. New York r1958
Dear Mr. and Mrs. Millman:
Novemberl9,1986
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
Enclosed herewith is a certified resolution of the Southold Town
Board. adopted at their'regular meeting held on November 18.1986,
granting Mr. Millman's request for an extension of time to remove the
unsafe building.
Very truly yours.
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JUDITII T. TERRY
TOWN CLl~R"
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
October 22, 1986
REG ISTERED MAl L
RETURN RECEIPT REQUESTED
Saul Millman and Janet Millman
435 Highwood Road
Southold, New York 11971
Dear Mr. and Mrs. Millman:
Enclosed herewith is the decision of the Southold Town Board,
adopted at their regular meeting held on October 21, 1986, relative
to the matter of a violation of Chapter 90 of the Code of the Town
of Southold.
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JUDITH 1. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
p.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 21, 1986:
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of the premises owned by Saul Millman and Janet Millman, premises
descri bed in a deed dated August 21, 1984 from Adolph H. Westerlund and
Theresa A. Westerlund, recorded in the Suffolk County Clerk's Office on Aug-
ust 29, 1984 in Liber 9630, page 599, also referred to as: Suffolk County Tax
Map Designation: District 1000, Section 054.00, Block 07.00, lot 023.007, and
thereafter prepared a written report thereon and filed the same in his office, and
WHEREAS, it was determined by the Building Inspector that the building or structure
on said premises is dangerous or unsafe to the public, and
WHEREAS, the Building Inspector promptly thereafter served a notice on the owner,
their agent, 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 either make the
building on the premises safe and secure, or remove same, and secure the perimeter
of the property to prevent unauthorized persons from entering the property, said
work to commence within ten (10) days from the date of service of the notice and
shall be completed within thi rty (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 21st day
of October; 1986.
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 October 21, 1986, 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 determine and order that the owners of the
building or structure on said premises shall erect a six (6) foot high chain link
fence around the immediate area of the building, acceptable and approved by the
Building Inspector, within fifteen (15) days from this date, and the owners of the
building or structure on said premises shall make safe, to the approval of the Build-
ing Inspector, or remove the building or structure on said premises on or before the
21st day of November, 1986.
3. In the event that the owners shall neglect or refuse to fence and secure
or take Clown and remove said structure from said premises within the time specified
in the preceeding paragraph, then and in that event the Supervisor be and he here-
by is authorized and directed to procure estimates for the removal of the building or
structure on said premises and submit the same to this Board for its consideration
as soon thereafter as possible.
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Page 2 - Saul Millman at Janet Millman
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4. 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.
5. That the cost and expenses of the taking down and removal of the building
or structure on said premises shall be collected by the Town of Southold in the manner
provided for in Section 90-9 of the Code of the Town of Southold.
6. It is further ordered that a certified copy of this resolution be sent by the
Town Clerk to the owner of said premises by registered mail, return receipt requested,
within three days of the date hereof.
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/f'fudith T. Terry (/
Southold Town Clerk
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PUBLIC HEARING
SOUTHOLD TOWN BOARD
OCTOBER 21. 1986
10:00 A.M.
IN THE MATTER OF A VIOLATION OF CHAPTER 90 (UNSAFE BUILDING &
COLLAPSED STRUCTURE LAW) OF THE CODE OF THE TOWN OF SOUTHOLD
BY SAUL MILLMAN AND JANET MILLMAN (PROPERTY AT HORTON LA..SOUTHOLD)
Present: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
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Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Special Attorney Richard F. Lark
SUPERVISOR MURPHY: This is a hearing on an unsafe building violation of Saul
Millman and Janet Millman. At this time I would like to turn the meeting over to
our Special Counsel Dick Lark. Richard?
RICHARD F. LARK: Thank you. Mr. Murphy. Town Board members. this is a
scheduled hearing pursuant to Chapter 90 of the Code of the Town of Southold.
The Town basically will probably just have one witness. Curtis Horton. and at
this time I would like to have you have him sworn in if you would. please.
SUPERVISOR MURPHY: Curt. raise your right hand. I promise to tell the whole
truth and nothing else but the truth. so help me God.
CURTIS HORTON: I do.
SUPERVISOR MURPHY: Thank you.
DIRECT EXAMINATION OF CURTIS W. HOR rON BY RICHARD F. LARK. ESQ.:
Q. Mr. Horton. for the record. could you please give your name and address.
please?
A. My name is Curtis Horton. I live on Mason Drive. Cutchogue. New York.
Q. Are you employed by the Town of Southold?
A. Yes.
Q. And in what capacity?
A. As a Building Inspector.
Q. And how long have you been so employed?
.Page 2 - Millman Unsafe.
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A. Approximately nine years.
Q. Okay, and in your capacity as a Building Inspector did you have occasion to
inspect the property owned by Saul Millman and Janet Millman, his wife?
A. Yes, I did.
Q. And was that property here in the Town of Southold?
A. Yes.
Q. And could you tell the Board where the property is located?
A. I t's on Hortons Lane as you go up over 48, just past where there's an auction
house, just past that you'll see a building out in the middle of the lot on the left
hand side.
Q. Okay. Hortons Lane runs basically north and south?
A. North and south.
Q. And this property is either then on the east or westerly side?
A. It's on the westerly side.
Q. Okay. And what was your---first of all, when did you first inspect the
premises, if you recall from your records?
A. After receiving numerous complaints,
1986, approximately 2:30 P.M.
inspected the above premises on July 16th,
Q. Okay, and what was---could you tell the Board the nature of the complaints and
the purpose of your inspection?
A. Well the nature of the complaints was that this place was wide open. There was
a vehicle on the property. There was a mess. It was overgrown with grass and weeds
and everything else, and there was no roof on this place. There was just a shambles,
and the children have been playing in and out and there's been complaints. They all
stated they figure it was a dangerous condition, unsafe condition.
Q. Okay, and you say that you did inspect it on that day, is that correct?
A. Yes, I did.
Q. And that date was what? Just so I have it straight for the record.
A. July 16th, 1986.
Q. Okay. Now could you just tell the Board generally the dimensions and the
size and shape of the property, if you can? Are there any surveys or any maps
in your files?
A. I have no surveys, but it's approximately 20 foot by 30.
Q. The lot is 20 foot----
'Page 3 - Millman unsafe.
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A. No, no, not the lot. The building.
Q. No,
want to know about the lot first of all, the property itself.
A. It's a very funny shaped piece. It's like a piece of pie almost.
Q. Would that be triangular in shape then?
A. Basically, yes. On the one side it's 835--that's the easterly side7-southerly
side. On the northerly side it's 917 feet. The side facing Hortons Lane is 133
feet, goes to a point, then it turns a little bit toward the west and that's 66 feet.
On the rear of this property it's only 51 feet. It's a very odd shaped piece of
property.
Q. Okay. Are there any structures or buildings on this property?
A. Just this one.
Q. Now, when you say "this one", could you just generally describe what is the
building that is on the property?
A. It's a building that's been moved from somewhere. I don't know where. It was
supposed to have been an accessory building, but they tried to turn it into a principal
structure.
Q. Well, could you tell us the size of this building?
A. I t's approximately 20 by 30.
Q. Is it a one story, or two story?
A. Two stories.
Q. Okay. All right. And from your inspection of the property, could you tell
the Board approximately how old this structure is, if you're able to?
A. I would say approximately this building must be a hundred years old.
Q. Okay. And could you tell the Board what you did when you went to the
property on July 16th?
A. I went around and I found the following: I found the building was just sitting
on cement blocks. There was no cement between the top courses. I don't know if
there's a footing in the ground underneath, it doesn't look like there is. Maybe in
parts there is, I couldn't tell you that, there's so much grass and everything. The
top course is definitely not cemented at all. The lower part---
Q. When you say the top course, the top course of what?
A. The cement blocks. It's on piers.
Q. This is the foundation, you're talking about?
A. The foundation. Correct.
Q. All right, fine.
.Page 4 - Millman Unsafe.
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A. There's a chimney in the rear that's been broke off about half way up, and
this is sitting on two or three cement blocks and a couple chocks of wood under-
neath it. No footing or anything underneath this chimney. The gable ends of
the building--there is no gable ends. There's no studs, there's no sheathing,
there's no nothing. It's wide open right on through from one end to the other.
In fact, there's places where windows used to be it's just wide open. I have
pictures that you can have to look at afterwards. There is plywood and some
sheathing boards nailed on the roof. They do not go to the top of the ridge.
They're open about eight inches approximately on each side, and there's no
covering of any way, shape or form on top of this roof. It's just to the elements
every time it rains it goes right through it and causes it to rot and like that. On
the inside, when I went there, the doors were wide open. This time in July 16th,
and everything was rotten and wet.
Q. Okay. After you----
A. Can I?
Q. Go ahead. Sure, I'm sorry.
Q. As I inspected this I found out there had been a building permit issued for
this. and no work had been done on this building in over two years and the permit
was revoked on December 11th, 1985, and I, after checking this all out and every-
thing else, I--it's a hazard to safety, this building is. It's inadequate maintenance,
dilapidation, abandonment, making this an unsafe building.
Q. Okay. And after you performed your inspection, did you determine who the
owners of this property was?
A. Y(es, I did.
Q. And how did }'lou do that?
A. I checked the tax records.
Q. Okay, and what did you find when you checked the tax records?
A. I found that it was owned by a Saul and Janet Millman, 435 Highwood Road,
Southold, New York.
Q. Okay. And as a result of your 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. Okay, and I'm showing you--which I'll later mark as an exhibit, a report that
bears the date of July 16,1986, is that the report?
A. Yes, it is,
Q. Okay. Now, as a result of that report and your inspection, did you cause
any type of notice or communication to be sent to the owners of the property as
you found them?
- Page 5 - Millman Unsafe.
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A. Yes, I did.
Q. And what was that notice?
A. Yes, I filed a Chapter 90 and the date of this was September 2nd, 1986.
mailed this Registered Mail on 9/4/86. I posted it 9/3/86.
Q. When you said "posted it", could you be a little bit more specific?
A. I went up there and I tacked one right on the front of the building. It lasted
about one day.
Q. Okay. And I'm showing you an affidavit. Is that affidavit, which is sworn to
on September 19th, is that the affidavit bearing your signature?
A. Yes, it is.
Q. Okay. At this time, with permission of the Supervisor, so we could get
caught up on some of the paperwork, I'd like to introduce some exhibits then if
I could. The Town's Exhibit I - I wish to file with the Town Clerk. The original
inspection report bearing the date of July 16th, 1986, which the Building Inspector
testifies that he did. WeIll call that Exhibit I. Exhibit II, and I'll put them in as
one, will be the notice that he testified to which bears the date of September 2nd,
1986, and attached to it is an Affidavit of Service sending it by Registered Mail to
the purported owners of the property, Saul Millman and Janet Millman, and that is
sworn to on September 19th, 1986, which also refers to his posting of the property
on the 3rd day of September, and attached to that are the mailing receipts that the
Building Inspector received from the Southold Post Office, as well as the receipt
from a P. Millman on 9/8/86 indicating that they received that notice. I put that
all in as one exhibit, which will be Exhibit II.
Q. Mr. Horton, I'm showing you a copy of a deed dated August 21, 1984. Are
you fami liar with that?
A. Yes, I am.
Q. And is that a copy of the deed that you got from the Town Tax Offices indicating
the owners of the property?
A. Yes, it is.
Q. Okay. I'll put that in as Town's Exhibit III, the photocopy of that deed. Now,
early in your testimony you testified to a survey of the property, and I show you a
survey for Saul and Janet Millman, dated July 30th, 1984, performed by Roderick
Van Tuyl, P.C., and ask you if you're familiar with that survey?
A. Yes, I am.
Q. Where did you receive a print of that survey?
A. This is the original Mr. Millman brought into our office.
Q. Okay. So the Building Department received that from the owner, Mr. Millman.
I s that correct?
A. That is correct.
.Page 6 - Millman Unsafe.
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Q. Okay. Now, that survey shows the outline of the property that you had
testified to before the Town Board, and it also shows on that survey what they
call a proposed house. Is that correct?
A. Correct.
Q. Now, so I show this to the Board. I s that proposed house on the property?
A. No.
Q. All right. This building that you testified--this two-story structure that you
determined was unsafe, is that in the location of that proposed building?
A. No. Yes, it's right in that location. I'm sorry. It is.
Q. It is in what I'll refer to as the footprint of what's show on the survey?
A. Correct. Correct.
Q. So when the Board is looking at that, and eventually go to the property, they'll
have this for thei r reference, is that correct?
A. Correct.
Q. And that is accurate?
A. That is right.
Q. Okay. .1'11 put that in as Town's Exhibit IV, survey of the property, and also
it shows the proposed house on there and the Building Inspector has testified that
the building that he inspected this last summer, on July 16th, is in that location.
Okay. Now, Mr. Horton, you also testified what when you were there on July 16th
you took some photographs of the premises.
A. This is correct.
Q. I'm showing you a group of four photographs, and ask if you can identify them?
A. These are the photos I took July 16th, 1986.
Q. Okay. And do they fairly and accurately represent the building, the two-story
structure that you've just testified to; as it existed on that date?
A. Yes.
Q. I'll put that in as Town's Exhibit V, and will be called (AL (BL (CL (D) for
a reference to your record, photographs taken by the Building Inspector of this
building on July 16,1986. Okay. Mr. Horton, moving along procedurally. After
you sent out the notice to Mr. and Mrs. Millman, had you ever--or the Building
Department, to your knowledge, ever received any communication back from them?
A. I understand, I was not in the office at the time, that Mr. Millman came in to
see Mr. Lessard.
Q. 0 kay, but no one has contacted you?
A. Absolutely nobody.
.Page 7 - Millman Unsafe.
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Q. Okay. And have you been back to these premises since that July 16th day?
A. Yes, I was there approximately 9:30 this morning.
Q. Okay. And in your visit to the property this morning, did you cause any
pictures to be taken of it?
A. Yes, I think I took eight pictures.
Q. Okay. Those eight pictures that you took I'm showing you know and ask if
these are the pictures?
A. Correct.
Q. And those were taken this morning?
A. Yes, they were, with Mr. Fisher.
Q. And do they fairly and accurately describe the building?
A. Yes, they do.
Q. As it is today?
A. Yes.
Q. Thank you. I put this in as Town's Exhibit VI, (A). (B). (C). (0). (E).
(F). (G). (H) (photographs of the subject property). Okay. In your testimony
you referred that the Millman's had applied for a building permit, which was
subsequently revoked, is that right?
A. Correct.
Q. Do you have the Town records on the building permit application with you?
A. Yes, I do.
Q. Okay. Could you just briefly, so we can c1arifly this and it doesn't become an
issue later on, could you explain to the Town Board what the owner, Millman, applied
for? For this property, of course.
A. He applied to construct a one-family dwelling with accessory building as applied
for.
Q. Okay. And was the building permit issued?
A. A building permit was issued.
Q. And what date was that issued?
A. November 9th, 1984.
Q. All right. and the document you're referring to, is that a copy of that building
permi t ?
. Page 8 - Milhnan unsafe.
.
A. No, this is the original.
Q. All right. Is that the original of the building permit?
A. Y,es, it is.
Q. Okay. Can I have that please? And attached with that--I realize from your
testimony before, of the survey of the property is in evidence before the Board,
is that correct?
A. Correct.
Q. All right. Now, were any plans attached to that building permit?
A. Yes, there is.
Q. Do you have a copy of those?
A. I've got the originals they supplied.
Q. All right. Now, those plans--would you look at them, please--the building
plans that are submitted there, was that dwelling ever constructed on the property?
A. No.
Q. It was not. Okay. Now, you also alluded that the building permit, which is
dated November 9th, 1984, was revoked, is that correct?
A. That is correct.
Q. Do you have a copy of that revocation from the Building Department file?
A. Yes, I do. That is a copy of it.
Q. Now, the other questiol!l ,that I want to ask you--was the building permit, other
than plans, was an application submitted with it?
A. Yes, there was.
Q. And what was the date of that application?
A. October 11, 1984.
Q. And do you have a copy of that, or the original of that with you?
A. This is the copy.
Q. Okay. Can I have that?
A. Yes, you can.
Q. Okay. Now, as Town's Exhibit VII, I want to introduce a Building Permit
Application, dated 10/4/84, attached therewith the plans and specifications, and
attached therewith is the Building Permit itself, dated November 9th, 1984, number
135262, issued to a Saul Millman at the 435 Highwood Road, Southold, and also as
part of the same exhibit, a copy of a letter dated December 11th,1985, signed by
. Page 9 - Millman unsafe.
.
a Mr. Victor Lessard, revoking that permit for these premises. Put that in as just
one exhibit so the Board has it for its file. Okay. Mr. Horton, at this point you
old us pretty much about what the situation is on the property. I have two specific
questions I want to ask you before I turn it over to the Town Board. Could you
tell us why or how in your determination of your inspection on July 16th, you
determined that the building was structurally unsafe and dangerous. You can take
it part by part if you want. What went into your decision to determine that this
structure--keep in mind now the Board now knows where the property is, the
condition of the property both today and back on July 16th, and have heard generally
what you did when you did your inspection, but what I need to know from you now
is how do you determine that it was structurally unsafe and dangerous, as you indicate
in your record?
A. Well, I will say this, gentlemen, first off when I first arrived there in July the
doors and everything were wide open. I t was completely accessible to everybody.
There was an old car in the rear, which since then has been removed. It was
dragged in front of the building, but somehow somebody removed it now and I
don't know where that's gone, but that is gone. But I was in that building the
other day. I looked inside of it again today. The ceilings are coming down. The
walls are going. The floors are buckled and there's no way possible somebody can
save this building. This building has been open to the elements for well over two
years--approximately three years I think, and I mean the weather--every time it
rained, snowed and everything else you get water that lays inside of a building
with no attempt to cover it, you can't save it once the wood starts rotting. Now
it's wide open at the top, approximately eight inches open, and the water pours in
there. There's no gable end. There's not even a stud up there. The windows
are out up to the top as you can see by the pictures. Now, this chimney in the
rear, it's just got a couple cement blocks with a couple old pieces of wood stuck
underneath there. That chimney could fall off there at any time. The house could
blow over. It's just sitting there. The State Code says a building will be anchored
and like that. This building is not anchored. It's just sitting there. Any kind of
severe wind storm could really take this over if somebody's around. There has been
reports of children playing in there and different people, and there were signs on
the inside, because I saw it myself. I saw bottles and cans of soda and everything
else, and I know people have been there doing who knows what. It's an eyesore,
there's no question about. Anybody that goes up and down that road.
Q. No, no, I'm not interested in the eyesore.
unsafe and hazardous.
interested why it's structurally
A. Well, for various reasons. The foundation, the chimney, the gable ends, the
roof, and doors are rotten and it's just completely---
Q. Is it your opinion that the building is beyond repair at the present state?
A. I would say, yes, you couldn't save anything out of it.
Q. Okay. In your notice of September 2nd that you sent to the owner, which he
has received, as we have in the affidavit that are submitted before the Town Board,
what exactly did you request or order him to do?
A. Well, we ordered him to close it up. Put a--fence it off, or remove it.
Somebody did close it up. The lower story, not the upper story.
Q. Now, when you say "close it up", could you be specific?
A. Nailed the doors shut and like that. Somebody did put a piece of plywood---
'.Page 10 - Millman Unsaf.
.
well, it didn't take me very long to open that plywood today.
there and opened it and pulled it right apart and then nailed
again.
There's two nails
it right back up
Q. All right. Did you also order him to secure the perimeter of the property
to prevent outsiders from entering?
A. Correct. Fence it or secure the property.
Q. Has he done that?
A. No.
Q. Okay. Does the Board have any questions for Mr. Horton based on the exhibits
that you have before you at the present time? I will probably--just so you know
where we're going--call Mr. Lessard. I believe he's here. Solely for the purpose
to find out what the communication was between Mr. Milhnan and Mr. Lessard in
response to this notice.
SUPERVISOR MURPHY: Ray, do you have any questions?
JUSTICE EDWARDS: No questions.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: Nothing at this time.
SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Why was the permit revoked? May I ask that one?
MR. LARK: Yes, absolutely. Anything that you have that's relevant because I want
to give you the whole picture.
COU NCI LMAN STOUTENBURGH: Why was the permit revoked? The building permit.
MR. HORTON: It had expired.
COUNCILMAN STOUT EN BURGH : It had expired.
MR. HORTON: Yes. And for various reasons there was no more permit. He
couldn't continue fixing until he came back and he was told to come back in and
take out a permit and like that, ifhe wanted to continue working on the place.
COUNCILWOMAN COCHRAN: What was that date again? When the permit was
revoked?
MR. HORTON: December 11,1985.
MR. LARK: The permit, though, was for not the building that's there, it's for
another building.
MR. HORTON: Correct. It was for a house which you have the plans. There
was also a permit given for accessory building which was going to be located
somewhere in the rear of the property.
, Page 11 - Mi 11m an U nsaftt
.
MR. LARK: Now, is this building that you have testified to as unsafe, was that
the intended accessory building on the property?
MR. HORTON: That's what we were told originally, yes.
MR. LARK: Oh, okay, fine. So we have that clear. So the accessory building
was put on the property--you said it was removed the other location.
MR. HORTON: It was removed from somewhere else and brought to this property
to be an accessory building.
MR. LARK: And am I correct in understanding you that no work was done pursuant
to the building permit? On the house that was intended to be built there?
MR. HORTON: No. No. None at all. I mean, you would build a foundation---
cellar, foundation.
MR. LARK: That's what I'm getting at. Nothing was done?
MR. HORTON: No.
MR. LARK: Okay. I hope that clarifies that point.
SUPERVISOR MURPHY: Jay, do you have any questions?
COUNCILMAN SCHONDEBARE: Nothing, Frank.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: No.
SUPERVISOR MURPHY: I have nothing further.
MR. LARK: So, to sum up with Mr. Horton, it is your opinion that this building
that you testified to, that the Board has pictures of, is structurally unsafe and
dangerous. I s that correct?
MR. HORTON: Yes, it is.
MR. LARK: And it is also your opinion that the present status of the building--
that it should be removed in its entirety?
MR. HORTON: This is what I think, yes.
MR. LARK: That's your opinion?
MR. HORTON: That's my opinion.
MR. LARK: Okay, thank you. I guess Vic Lessard now.
SUPERVISOR MURPHY: Vic, do you want to come up?
MR. LARK: You have to be sworn in, Mr. Lessard.
. Page 12 - Millman Unsaf.
.
SUPERVISOR MURPHY: Want to raise your right hand? Do you swear that the
information you're about to give is the truth, the whole truth and nothing else
but the truth, so help you God?
VICTOR LESSARD: I do.
DIRECT EXAMINATION OF VICTOR G. LESSARD BY RICHARD F. LARK, ESQ.:
Q. Mr. Lessard, could you just give your name and address for the record?
A. Victor Lessard. 1800 Westphalia Road, Mattituck.
Q. And you are employed by the Town of Southold?
A. That's correct.
Q. And in what capacity?
A. Administrator and Inspector.
Q. What kind of Inspector?
A. Building Inspector.
Q. Thank you. Now, were you present when Mr. Horton testified before the
Board?
A. Yes, was.
Q. Okay. He testified that after he sent out his notice in early September to
Mr. and Mrs. Millman that his file indicated that the Millmans contacted the Building
Department and talked to you. I s that correct?
A. That's right.
Q. Was it Mr. Millman or Mrs. Millman?
A. Mr. Millman.
Q. Okay. And could you tell the Board the nature of that conversation?
A. He wanted to know what all the papers were about and 1----
Q. "All the papers': specifically referring to the notice sent by Mr. Horton?
A. That's right.
Q. Okay, fine.
A. I explained to him what it meant, and what would have to make decisions on----
Q. What did you tell him that he would be required to do by the Building Department?
Could you be specific to the Board?
, Page 13 - Millman Unsaf.
.
A. That he would have to make the building safe and inaccessible from people on
the outside, or remove it.
Q. Did he understand what you---
A. Yes, he understood perfectly.
Q. Did he indicate what, if anything, he intended to do?
A. He said he was in a bind at the moment, but that he would make a decision
down the road. He never contacted me after that. I asked him why he hadn't
started his house, and he had said he had gone to the Board of Appeals to try to
get a two-family house, because he had three point three acres, and the Board of
Appeals turned him down and I guess that kind of took the wind out of him and
apparently he didn't do anything from that point on.
Q. Okay. And you've heard nothing from him since that time?
A. No.
Q. Could you'tell the Board approximately when that conversation with him took
place?
A. After the notice. Shortly after the notice. I don't know what date it was.
Q. Okay. But it was after the notice had been sent to him?
A. After the July notice.
Q. That was in September, I believe.
A. ---September notice that Curt sent him.
Q. Okay. I have nothing further.
SUPERVISOR MURPHY: Anyone have any questions of Victor? (No response.)
Thank you, Victor.
MR. LARK: Thank you, Mr. Lessard. Okay. I would request that the Board,
at its earliest convenience, take a look at the property based on the exhibits and
the testimony, and then based on the testimony I would request that the Town
Board declare this structure unsafe and dangerous to the public and order it
removed in a reasonable period of time pursuant to the provisions of Chapter 90
in the Code. After you make your own inspection based on the evidence that
you have before you. I have nothing further.
SUPERVISOR MURPHY: Okay. We'll try to get down there today. Okay, we'll
adjourn. Thank you, Richard.
* * *
~~c(d~~~
v I Judith T. Terry C/
Southold Town Clerk
.
.
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD. N.Y. 11971
Saul Millman
435 Highwood Road
Southold, N.Y. 11971
Dear Mr. Millman:
December 11, 1985
This is to notify you that Building Permit
#135262 is now void. You must begin construction
within one year of the date of the permit or it is
void.
You must remove the accessory building clnd
apply for a new permit if you still wish to build.
VL:hdv
Yours truly,
Victor Lessard
TEL. 765-1802
~;;nd- z:;L:"~ ///1
.
.
'FORM NO.1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
"-
TEL.~1802
Examined. N ~~ 1,19 Jtw "
Approved .,0. ~~. .~ .', 19 ~ Y. Permit No.1 ~ ~ ~.~. ~
, IO~L "C
Recelved... .1./.....,,,,cr.f."
................................:::~~:~~.....
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Disapproved alc .....................................
Date .Qc1;o1>.er. n . . . . ., 1984.
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necessa~ectio. G .
~.....................,...........,.....
(Signatu of applicant, or name, if a corporation)
.435. .f~~g~~qqc;l. J't.o.~g. . . .1:!Q\l~hQ1(i.. Jf. 'I... . . . .
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Owner- Builder
....... .... ................. ...... ... .......... ....... ... ... ...... ...., ................... ......
:>;ame of owner of premises ... .~~1;1~. .~ J~!l:~~ . ~.1.l;~~. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. . .. . . . . . . . ..
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
................ ...... ............ ... ..... ....
(Name and title of corporate officer)
Builder's License No. ..........................
Plumber's License No. ........ ...............
J~77/~rJ/
Electrician's License No. .......................
.' ~_,.i.:"
Other Trade's License " . . . . . . . . . . . . . . . . . . . .
. ' :t,So
I. LocalIon of land on which proposed work will be done.
Horton Lane
..... .... ............... ...... ,... ........ .......
... . .[.~ I:: ", .~1 1'1 em. Nt ~l'. ~.44. ':If ~~~'Ye ....8'R-J.:l
House Number Street
$ ~'n~l~ ~9a~ S~.t~old
. ... ... ..... ... J,.. ..,.......... .. ........ '"
Hamlet
County Tax Map No. 1000 Section .... ~54 . . . . . . . . .. Block .. ~ . . . J. . . . . . .. Lot. .;1.,~ !.7. . . . .. . .. .
Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. .............. Lot.......:....:..
(Name)
,. 50", ,,',,',' ,. "d "'"p"" of prem'., .,d '7d'" "d "":"'" 0; ~~trol". . ..
.. &;"',' ,. "d o~,p"'y .... .V/.'!.~1t. . . . . ~ !Y.~. . . .1rt':. .Qrk. . .;. . . . ~~ .
b. Intended use and occupancy .... .'l!~f..l.~ ~Y. .~~~~~~.~~. .. . . ~~.. ................. L~
~ :JTcJ"?-4rgE: c'f Pt. -"1 V I-Ictc/~'. '~:':';, .' ~,>
3. Nature of work (check which applicable): New Building... .:. ... . Addition. ... ...... Alteration ..........
Repair .............. Removal, . . . . . . . . . . . .. Demolition .............. Other Work .atllp'q~1:"p.ll. .
4. Estimated Cost.. M9~............................... Fee . .#.!~ .~.............. .(~~~~~~~i~~~..
... (to be paid on filing this application)
5. If dweIling, number of dweIling units. . . . . . . . . . . . . .. Number of dwelling units on each floor. . . . . . . . . . . . . . . .
If garage, number of cars ....................................;...................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .... ...................
7. Dimensions of existing structures, if any: Front. . . . . . . . . . . . . . . Rear .............. Depth...............
Height ................ Number of Stories. . .. . . . . . . . :. . . . . . . . . .. . . . . .. . . . . .. . . . . . . . . . . . .. .. . . .. . .
Dimensions of same structure with alterations or additions: Front ................. Rear..................
Depth. . . . . . . . . . . . . . . . . . . . . . Height. . . . . . . . . . . . . . . . . . . . . . Number of Stories. . . . . . . . . . . . . . . . . . . . . .
8. Dimensions of entire new construction: Front. . .:1.4.! ..9. . . . . .. Rear. .J.4! :-.9. . . . . . . . Depth .30.'...........
Height .... ~~.'. . . . . . . . Number of Stories. . .l:"t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Size oflot: Front.. .255'............... Rear.... .S?!.............. Depth.. 9~~.'................
10. Date of Purchase . .August,. .1984............. Name of Former Owner .~."'';I'... .'~1ll!l.t.~,,:j.\lA4.........
11. Zone or use district in which premises are situated ~: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1~. Does proposed construction violate any zoning law, ordinance or regulation: ................................
13. Will lot be regraded .. Xe.ll.. . .. . . . . . . .. . . . . . . . . . Will e'4ess fill be removed from premises: Yes X No
14. Name of Owner of premises . .1'tJ.U!I1AA.. . . . .. . . Address. )$. ~.l.gl?-~?~.~. J:1?-.oPhone No. . 7p5~9?93. ....
Name of Architect ........................... Address . . . . . . . . . . . . . . . . . . . Phone No. ...............
Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. ...............
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or comer lot.
..-._ I' ~ l'S To Q~ f2..o\..OC-4\,..z..... F-12....<.>.-^.A ~(J.--'-iH-o'-i:::>
'-\l-.._\.C- ~9l..\ 'L~ 'i--u~ --==--vr.'_'JG--rv';"'2-- \~.. - \.
C' 1<-\~AC?oIL t-..:lv---c-t;;;0 'S\-r-e, .:c'"\ '~t~ ~ g.,!:..&~,g ~0
c.c.....~c.. ~'1";''':.'1-T.1 <:::v ='
v'1e"-..D AS ~ ---- -~4....AC.z- 'Q.v"'l-'~}jGr__ .-r....\~ &-rf<-~~"'''-~ \~---r-o
12>"'- '5-~, "'14 E.lC.H\.c"'-<.J 7' "'~3 COd'>'.s-;-,,"'( oF- C6..l OZ-G-,-L- F''''J_J~
10-1 ,0-\<0.. ~Q.o...~ <"'To APG>f20'''-\'''-V\~---r-44.,t..L ""'~( ~'-4W G"p.1>...
en-I ~A'-~ t:=-t-, II 'r .~.
-...1\..,.'-1. -''''';0 C"M':'~'$_..,.iZ- ~L"c;l<:... V\l"-.J<...7\""O",-,iL. c;.~O'00-= '>>"'j"yOR..\
~L. 'l:u~;j'f ~.-"<:..~o./.?t;},- I'-1t"'1~~. -ll-\C- .s-vz.uc-:-...rv>'- M:&.....\St\'/.LS
SEE ATTACHED SHEET
.......\'-'- \?>\i.';.. ..0,......::;\->.::>",-.;;.:..:;:::, I ~Tc> 1>-i Q:...., c"..., <..1G~(~ p.~o "i~s "-'I'T'-\
Co0.4\I;..\U~"::' -rL..\'Z.\;~~ ~D A-....c.u.a"-~ AT 02A-L\-l of l~~ c.."...Cf;...E:...."L
7i:..-L ~,-'~~,
STA TE OF NEW YORK, S S
COUNTY OF .. . . .~\ltt.Q~\C. . . . .
. . . . . . . . . . . . . Saul. ML1lman . . . . . . . . . . . . . . . . . . . .. being duly sworn, deposes and says that he is the applicant
(Name of individual signing contract)
above named.
lie is the. . . . . . . . . . . Owner,. .Bul1dar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and fIle this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this
. .'..... .Ila........ .day of..... . ()c.t.ober. .......1984.
NotaryPUblic~......~.%...o~.t!&.. County 0 ()Lkzt _ .
---- HELEN It DE VOE .~ . .-r: .~..................... ;-0--..,. .. . . . . .
MOTARY FUGlie. St.t, "tl.!e", Ynrk . (Signature of applicant)
\ No. 0170/87. 3. ~l(Jlk ("'.:1,\.1._- .~
lijllll f.:.qf;'~<'; .M".~~h 30, l~
.
.
POBII NO. .
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N. Y.
BUILDING PERMIT
<THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
N~ 13526 Z
Dote .....J.~.b.....1..........., 19.~.~
Permission is hereby gron~~.~~~..~....\n...~~.~........
.....':!:.~~....~.h.~......l4...,.......
..clS.~.L.....:Q.~':I.:.....!.l.~J..J....
to "'~'~""'~"h~....U.~.~::9t.~.......~.....~s;..~........
'~'~"""'~""'~~'~"':::P""""""""""''''''''.......................................
at premises located at ...;tt~.Q......... . ......... .... ...(!).~........s..~...............
................................................................................ ................................................................................
.................................................................................................................................................................
County Tax Map No. 1000 Section .......9..~..':f..... Block .........J......... Lot No. .....~.~.:.J......
pursuant to opplicatlon dated ....Q..~....ll..................., 19.t~., and approved by the
Building Inspector.
,co.~~
Fee $........................
-->> I D O"'C"C"..-....1
J.,j'eJ ~1I0.~.g
I
:1 - c..O.'!. ~
~~ J} <a.vL.
.........~...............~.....................................
Building Inspector
c--/~ c:~ y//
Rev. 6/30/80
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. e<xJTHOLD
TOWN OF 5i:,)UTHOLD NY.
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054.00
BLOCK
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LOTS
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CONSULT YOUR LAWYER I.P 51&NIN& THIS INSTRUMENT. THIS INSTRU
u.al UI c...:uq..oal"'". I,illxlc ~hct'I'
SHOULD II USED IT LAWYERS ONLY
THIS INDENTURE, made the 21st. day of August ,nineleen hundred and eighty four
BETVVEEN ADOLPH H. WESTERLUND and THERESA A. WESTERLUND,
his wife, both residing at (no number) Main Road, peconic, New
York, 11958, . 3834
Aw" -s-\\",(,\ tJ\\\.I.tJ\I\..:\, "" ....f.. ........
party of the first part, and SAUL MILLMAN" residing at 435 Highwood Road,
Southold, New York, 11971,
DtSTR1CT ;: r:.- r! .-:~'
~ 01:1i ; ;0
8 12
party of the second part,
WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land,
lying and beingXNlrlK at Southold, in the Town of Southold,
folk and State of New YorJe, being more particularly
described as follows:
BEGINNING at a point on the westerly side of Horton Lane
distant 1005.77 feet northerly from the northerly end of the
curve connecting the northerly side of Middle Road with the
westerly side of Horbon Lanel
THENCE South 59 04' 10" West along land now or formerly
.of Davids 835.67 feeb to land now or formerly of Damianosl
THENCE North 36 24' 40" West along last mentioned land
51.60 feet to land ngw or formerly of J. ConwaYl
THENCE North 47 03' 20" East along last mentioned land
917.77 feet to the w~sterly side of Horton Lane;
THENCE South 38 24' 10" East along the westerly side of
Horton Lane, 66.32 f~etl
THENCE South 10 31' 50" East still along the westerly
side of Horton Lane 188.51 feet to the point or place of
BEGINNING.
BLOCK lOT
"h' "".'-. '1..:.,/31 rT'1h1
i..i] I ioj ~ L..J.++I
1/ 21 28
, situate,
County of Suf-
bounded and
BEING AND INTENDED TO BE the same premises as that conveyed to
the party of the first part by deed dated April 1, 1975 and re-
corded in the Suffolk County Clerk's Office on April 3, 1975 in
Liber 7819 cp 356 and deed dated August 4, 1976 and recorded in
the Suffolk County Clerk's Office on August 5, 1976 in Liber
8082 cp 322.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the .party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
thc party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid,
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improveml'llt before using any part of the tolal of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre ~o requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written. 383..1
I N PRESENCE OF:
~/!~~:&~-
AdOlph H. Westerlund
EI ED
$.....l~9.~
REAL ESTATE
AUG 291984.
TRANSFER Ill.-
'AUG 29 1984
J
Ie
JULlETIE A. WmLLA .;Ji..tLl L.lcfZ
Clerk of Suffolk ClJuntv -. - - ,- -
.l.uCJ..~od ii. westerlund
RECORDED
," .",'
.
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
.
TEL. 765-1802
NOTICE PURSUANT TO CHAPTER 90 OF THE CODE
OF THE TOWN OF SOUTHOLD
Date: September 2, 1986
TO: Saul Millman and Janet Millman, his wife
435 Highwood Road
Southold, New York 11971
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 Southold, in the Town of
Southold, County of Suffolk and State of New York,
being more particularly bounded and described as
follows:
BEGINNING at a point on the westerly side of Horton
Lane distant 1005.77 feet northerly from the northerly
end of the curve connecting the northerly side of Middle
Road with the westerly side of Horton Lane; thence South
590 04' 10" West along land now or formerly of Davids
835.67 feet to land now or formerly of Damianos; thence
North 360 24' 40" West along last mentioned land 51. 60
feet to land now or formerly of J. Conway; thence North
470 03' 20" East along last mentioned land 917.77 feet
to the westerly side of Horton Lane; thence South 380
24' 10" East along the westerly side of Horton Lane,
66.32 feet; thence South 100 31' 50" East still along
the westerly side of Horton Lane 188.51 feet to the
point or place of BEGINNING.
Suffolk County Tax Map Designation: District 1000,
Section 054.00, Block 07.00, Lot 023.007.
B. The building on your premises is structurally unsafe and
dangerous and as such constitutes a hazard to safety by
reason of inadequate maintenance, dilapidation and aban- .
donment, in particular: the foundation upon which the
building is located is improper in that it is on loose
cement blocks without proper footings; chimney is not pro-
perly supported; the plywood roofing sheathing is unpro-
tected and as a result water has been allowed to enter the
building deteriorating the roof sheathing and rafters; the
gable ends of the building are not finished and are open,
exposing the interior to the weather which has allowed
damage and rotting of the interior structure.
J~~ z:~~ //
'.
~
.
.
NOTICE PURSUANT TO CHAPTER 90 OF THE CODE
OF THE TOWN OF SOUTH OLD
Page 2
Date: September 2, 1986
TO: Saul Millman and Janet Millman
B. (continued):
The property is not adequately fenced and secured, and the
building has been left exposed allowing the public to
enter the property at will which is dangerous to their
health and safety.
C. You are hereby ordered to either make the building on your
premises safe and secure or remove same. Further, you are
ordered to secure the perimeter of the property to prevent
unauthorized persons from entering the property.
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 beginning any restoration work, removing the
building or fencing of the perimeter of the property you
will have to obtain the necessary permits for this purpose
from the Building Department of the Town of Southold.
E. In the event you fail to comply with the above, a hearing
will be held before the Southold Town Board concerning
same at 10:00 A.M. prevailing time on October 21, 1986.
F. If the Southold Town Board after the aforementioned
hearing shall determine that the building is unsafe or
dangerous to the public, the Southold Town Board may order
the building taken down and removed, and the property
secured.
G. In the event the building 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 building and secure the property 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 building from the premises,
against the land on which the building is located.
e~~
Curtis W. H rton
Building Inspector
,
.
.
'"
STATE OF NEW YORK
TOWN OF SOUTHOLD
- - - - - - - - - - - - - - - - - - - X
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 MAILING & POSTING
SAUL MILLMAN and JANET MILLMAN
- - - - - - - - - - - - - - - - - - - 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 4th day of September, 1986, 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 SAUL MILLMAN and JANET MILLMAN, his wife,
435 Highwood Road, Southold, New York 11971, that being the
address designated 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 SAUL MILLMAN and JANET MILLMAN, his wife, by Registered
Mail, Return Receipt Requested.
3. On the 3rd day of September, 1986, at 4:30 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
Structure Law of the Town of Southold) in a conspicuous place on
.
.
the premises owned by Saul Millman and Janet Millman, his wife,
at 3930 Horton Lane, Southold, New York (Suffolk County Tax Map
Designation:
District 1000, Section 054.00, Block 07.00, Lot
023.007.
Curtis W. Horton
Sworn to before me this
#
Ie:; day of September, 1986
7l(t2~4i~J
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ZIP COOE
435 HIGHWOOD RD.
SOUTHOLD N.Y
PS FORM .
S.pt. ,.7. 3806 RECEIPT FOR REGISTERED MAIL
Z! f~011
(CusI.omJ1r Copy)
l}STMARK OF
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Return
Receipt $
stricted
slivery $
Reg. Fee S
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l i~ RECEIVED BY
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TN BL DEPT-C. HORTON
P BOX 1179
SOUTHOLD N.Y.
JANET MILLMAN
435 HIGHWOOD ROAD
SOUTHOLD, N.Y. z~f~~l
~~:'O,Rr,. 3806 RECEIPT FOR REGISTERED MAIL (CusI.omJ1r Copy)
~W~i
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ci' · SENDER: Comp1ele Hems 1 2 3 and 4
_~. Add your addlaa'lII ihi "RETIiRNTO"
(Xl space on reverse. I.
L (CONSULT POSTMASTER FOR FEES)
~ "1{3 TIl&fo_g_breq_~,(cbodl.ne).
ijl Show to1Vlmm and dale deli'lered
fU Show ...............
Iowllom, dale. 8lllIadaress of_
2. 0, RESTRICTED lJB.IVEllV' ry ..
ITMmttlcl8tJdIJWIry fee ~.."""~'''''''''''.
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TOTAL $
~=-,..
3. AllTICLE ADDRESSED TO:
SAUL MILLMAN
435 ,HIGHWOOD ROAD
4. TYPE OF SERVICE: .
lOWGISTERED 0 'ARTICLE HUMSER
o ' IHSUAfD K
O CERTIFIED DCDD .?>?:, oLl <j. 5:7
EXPRESS MAIL
(Always obtain IlgRatu" 01 ilddm
I have receive~ the ani"", descrlbell soo or IgoAl)
SIGNA~ O_ss..
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5. DA ' DEL '
7
Authorized agent
rosW.ARK
(may bean revorse side)
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... . SBlDEB: eompIel8 Hems 1. 2, 3. and 4.
o Add your address In the "RETURN TO"
3
It space on reverse.
;:: (COIISULT POSTMASTER FOR FEES)
~ 1. TbIl',toIIoWIn9soMcobrequostecl(_....).
'C =.
ii "",,,_lOwhOmanddall--' ............... ·
Iii 0._10 whOm. dati. andaddrO&S 01 doIMlY .. "
2. ORESmCTEDDElIV!'RY........................... ·
1T>t__"'b......"'-
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mAL $
3. MlIlC\.E AIIOftESSBllO:
JANET MILLMAN
435 HIGHWOOD ROAD
Aill1ClE NUMBEIl
OIHSURED I?
Ocoo 1\ 330<./'1-5'1/0
4.
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o EXPRESS MAIL
(AIwQIIbtIIIl...... 01""- or IQIIllI
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.
, .
.
TEL. 765-1802
TOWN OF SOUTBOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
RE: SAUL MILLMAN and JANET MILLMAN
District 1000, Section 054.00, Block 07.00, Lot 023.007
Dates of Inspection: July 16, 1986
2:30 P.M.
RESULTS OF INSPECTION:
1. Building just sitting on loose cement blocks with no
cement between joints - improper footing.
2. Chimney is not properly supported.
3. Gable ends are wide open, no woodsheathing or studs.
4. Plywood is nailed to the rafters, no protection from this
material for over 2 years. The plywood is rotting and so
are the rafters. Due to exposure to weather elements
rafters have deteriorated.
5. Inside rotten and wet.
6. Property is not fenced and is open to the public.
No work has been done on this building in over two years.
Permit was revoked on December 11, 1985.
I, Curtis W. Horton do hereby deem this building a hazard to
safety by reason of inadequate maintenance, dilapidation, aban-
donment, making this an unsafe building.
RECOMMENDATIONS:
I hereby order this building be made safe and secure or be
removed.
This work shall start within 10 days and he completed in 30
days.
You cannot make this building safe and secure or remove it
until you obtain the necessary building permits.
G~~ ;7/r4;;-
~~~/
.
.
LAW OFFICES
RICHARD F. LARK
MAIN ROAD - P. O. BOX 973
CUTCHOGUE, NEW YORK 1193!5
TELEPHONE 516 734-6807
RICHARD F. LARK
WILLIAM D. MOORE
September 29, 1986
Mrs. Judith T. Terry
Southold Town Clerk
Main Road - Town Hall
Southold, NY 11971
RE: Saul Millman & Janet Hillman
Violation of Chapter 90 of Code
of the Town of Southold
Dear Mrs. Terry:
Pursuant to conversations with your office, the above-
captioned matter has been scheduled for a hearing before
the Town Board on October 21, 1986 at 10:00 A.M. In connec-
tion therewith I am enclosing the following:
1. Notice Pursuant to Chapter 90 of the
Code of the Town of Southold, dated
September 2, 1986.
2. Affidavit of Service by Mailing &
Posting of Curtis W. Horton, with
registered mail receipts attached.
3. Original Report of Curtis W. Horton
dated July 16, 1986.
If you have any questions concerning this matter, please
give me a call.
very.....truly you.r.s, V.'
'7" '1
. ./
/f~.t!/~L
Richard F. LarK:
RFL/mld
Enclosures
.
.
LAW OFFICES
RICHARD F. LARK
MAl N ROAD _ P. O. BOX 973
CUTCHOGUE, NEW YORK 1 t 93!5
TELEPHONE !516 734-6807
RICHARD F. LARK
WILLIAM D. MOORE
September 29, 1986
Mrs. Judith T. Terry
Southold Town Clerk
Main Road - Town Hall
Southold, NY 11971
RE: Saul Millman & Janet Millman
Violation of Chapter 90 of Code
of the Town of Southold
Dear Mrs. Terry:
Pursuant to conversations with your office, the above-
captioned matter has been scheduled for a hearing before
the Town Board on October 21, 1986 at 10:00 A.M. In connec-
tion therewith I am enclosing the following:
1. Notice Pursuant to Chapter 90 of the
Code of the Town of Southold, dated
September 2, 1986.
2. Affidavit of Service by Nailing &
Posting of CUrtis W. Horton, with
registered mail receipts attached.
3. Original Report of Curtis W. Horton
dated July 16, 1986.
If you have any questions concerning this matter, please
give me a call.
Very truly yours, (//
7 / I /
//1'/"'" /..f"
)5~i.v~1 ?:CkL
I I J' . /
Richard F. ~arK
RFL/mld
Enclosures
,,,,., ." .:1
.
.
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: September 2, 1986
TO: Saul Millman and Janet Millman, his wife
435 Highwood Road
Southold, New York 11971
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 Southold, in the Town of
Southold, County of Suffolk and State of New York,
being more particularly bounded and described as
follows:
BEGINNING at a point on the westerly side of Horton
Lane distant 1005.77 feet northerly from the northerly
end of the curve connecting the northerly side of Middle
Road with the westerly side of Horton Lane; thence South
590 04' 10" West along land now or formerly of Davids
835.67 feet to land now or formerly of Damianos; thence
North 360 24' 40" West along last mentioned land 51. 60
feet to land now or formerly of J. Conway; thence North
470 03' 20" East along last mentioned land 917.77 feet
to the westerly side of Horton Lane; thence South 380
24' 10" East along the westerly side of Horton Lane,
66.32 feet; thence South 100 31' 50" East still along
the westerly side of Horton Lane 188.51 feet to the
point or place of BEGINNING.
Suffolk County Tax Map Designation: District 1000,
Section 054.00, Block 07.00, Lot 023.007.
B. The building on your premises is structurally unsafe and
dangerous and as such constitutes a hazard to safety by
reason of inadequate maintenance, dilapidation and aban- .
donment, in particular: the foundation upon which the
building is located is improper in that it is on loose
cement blocks without proper footings; chimney is not pro-
perly supported; the plywood roofing sheathing is unpro-
tected and as a result water has been allowed to enter the
building deteriorating the roof sheathing and rafters; the
gable ends of the building are not finished and are open,
exposing the interior to the weather which has allowed
damage and rotting of the interior structure.
.,
,)
.
.
NOTICE PURSUANT TO CHAPTER 90 OF THE CODE
OF THE TOWN OF SOUTH OLD
Page 2
Date: September 2, 1986
TO: Saul Millman and Janet Millman
B. (continued):
The property is not adequately fenced and secured, and the
building has been left exposed allowing the public to
enter the property at will which is dangerous to their
health and safety.
C. You are hereby ordered to either make the building on your
premises safe and secure or remove same. Further, you are
ordered to secure the perimeter of the property to prevent
unauthorized persons from entering the property.
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 beginning any restoration work, removing the
building or fencing of the perimeter of the property you
will have to obtain the necessary permits for this purpose
from the Building Department of the Town of Southold.
E. In the event you fail to comply with the above, a hearing
will be held before the Southold Town Board concerning
same at 10:00 A.M. prevailing time on October 21, 1986.
F. If the Southold Town Board after the aforementioned
hearing shall determine that the building is unsafe or
dangerous to the public, the Southold Town Board may order
the building taken down and removed, and the property
secured.
G. In the event the building 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 building and secure the property 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 building from the premises,
against the land on which the building is located.
c~~
Curtis W. H rton
Building Inspector
.
.
"
STATE OF NEW YORK
TOWN OF SOUTHOLD
COUNTY OF SUFFOLK
- - - - - - - - - - X
In the Matter of a Violation of
Chapter 90 of the Code of the
Town of Southold by
AFFIDAVIT OF SERVICE
BY MAILING & POSTING
i
II SAUL MILLMAN and JANET MILLMAN
II
I'
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II
,
II
II
i!
:1
II
'I
Ii
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:
- - - 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 Southoldi'
'i is over the age of 18 years, and resides at Mason Drive,
Cutchogue, New York.
2. On the 4th day of September, 1986, deponent served a
copy of Notice Pursuant to Chapter 90 of the Code of the Town of
I Southold (The Unsafe Building and Collapsed Structure Law of the
,I
::
Town of Southold) upon SAUL MILLMAN and JANET MILLMAN, his wife,
435 Highwood Road, Southold, New York 11971, that being the
address designated 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 SAUL MILLMAN and JANET MILLMAN, his wife, by Registered
Mail, Return Receipt Requested.
3. On the 3rd day of September, 1986, at 4:30 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
Structure Law of the Town of Southold) in a conspicuous place on
.
.
. ,
the premises owned by Saul Millman and Janet Millman, his wife,
at 3930 Horton Lane, Southold, New York (Suffolk County Tax Map
Designation:
District 1000, Section 054.00, Block 07.00, Lot
023.007.
(1~ :J/~,
Curt1s W. Horton
Sworn to before me this
.ft
lel day of
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I,! MAllY LOV J)Og~s:k T01lIt
NOfJUtf pU5lJC. S~~J;'), l~OU1lTY" /I
'; No. 52.1nnU~f,ll'I'-:" Mktu:.1< 30. 19.......1
II COMM;SS.lu'V t\t'(I1 t.
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:f 0"- .. 0 BOX 1179
. 0 ~
f ffi~ SOUTHOLD N. Y .
w :f~
il l2 JANET MILLMAN
8 l2 435 HIGHWOOD ROAD
PS FORM SOU'l'HOLD, N. Y .
Sept 1979 3806 RECEIPT FOR REGISTERED MAIL
$ "l'
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AIRMAIL
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435 HIGHWOOD RD.
SOUTHOLD N.Y.
PS FORM
Sept, 1979 3806 RECEIPT FOR REGISTERED MAIL
i Reg. Fee $
.~ ~~ Handling
f- it,; Charge $
~ ..~
i ea. Postage $
Q. l/):f RECEIVED BY
woo
.6 a.u
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Special $
Delivery
Return
Receipt $
estricted
elivery $
D
AIRMAIL
.
~POSTMARK OF
>J-"-'~:';' _.-~ :
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G OFFICE ,./..,
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(CUB/mner CfYPII)
[3STMARK OF'
'; '.
..,.......
"
MAIUNG OFFICE
rW~i
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(CUB/mner CfYPII)
.
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~ . SENDER: Complet8 Items 1, 2, 3. and 4.
o Add your address In the "REJURN TO"
3 space on reverse.
~. (CmlSULT POSTMASTER FOR FEES)
~ 1. The fo:towlng servICe Is reqt:ested (cheCk cr.e).
'" ~
... Sh:nYto\Vt:Qm3,nddal;ldel~/ered ...............
'"
~ Show to whom. data. and;:addross ofdeUvel"J..
2,0 RESTRICTED DEliVERY"".:""""..".""""
. tTlle f9sltfcl6d del/wry fee is dldrgBd In sddit/oJl
IDlllel'8turnreC:/pIfet.)
-$,
---,-$
-$
TOTAL $
3. Al>lICLE ADDRESSED TO:
SAUL MILLMAN
435 HIGHWOOD ROAD
ARTICLE NUMBER
,0INSURED f:. 1../.4K7
ocoo , \~'?:. 0
4, TYPE bf SERVICE:
fiREGlSTEREO
oCERTlflEO
o EXPRESS M,~IL
. (Alwa~s obl.ln slgn.lure 0' addres..e 0' ag.nI)
I have received the article descnbed b .
SIGNATURE oAddressoe Authorized .gent
(//fJ2.
5, OAT
9
. POSTMARK
(maybeODfevoreeslde)
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... . SENDBI: Complete nems 1. 2. 3. and 4.
~' Add your address In the .. RETURN TO"
Ill' space on reverse.
:: (CONSULT POSTMASTER FOR FEES)
:: 1. TIIo:followlng urvlco Is reqUOS1Od (check llIIll).
'" J:'].
il l<.XS1IowlOwI1omanddato_ ...............
N 0 Show 10 wI1om. date, anti address 01 doIIvory ..
2. o RESTRICTED DELNERY...........................
fT/If--''''cIIIrpsd''-
. .Ule....._...)
~ .
.
-.
.
TOTAL $
3. ARTIClE ADDRESSED TO:
JANET MILLMAN
435 HIGHWOOD ROAD
ARTICLE NUMBER
4.
KXlEGISTEREO
oCERTlflED
o EXPRESS MAIL
(Alwlys oblll. signature 01 addrelSee o'lQInll
I have _1110 ar1IcIe d"'ri~.
;. S!GHATURE 0_..... /\Autho'~ed agent
.~~!t", .
5. ' U
olNSURED
OCOO
f; 3 3oi.J'/S.1/['
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POSTMARK
(may \JO.. ""'" aIdo)
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~ 7. UNABLE TO OELNER BECAUSE:
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7a. EMPLOY
. GPO: 1982-379-693
.
.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
RE: SAUL MILLMAN and JANET MILLMAN
District 1000, Section 054.00, Block 07.00, Lot 023.007
Dates of Inspection: July 16, 1986
2:30 P.M.
RESULTS OF INSPECTION:
1. Building just sitting on loose cement blocks with no
cement between joints - improper footing.
2. Chimney is not properly supported.
3. Gable ends are wide open, no woodsheathing or studs.
4. Plywood is nailed to the rafters, no protection from this
material for over 2 years. The plywood is rotting and so
are the rafters. Due to exposure to weather elements
rafters have deteriorated.
5. Inside rotten and wet.
6. Property is not fenced and is open to the public.
No work has been done on this building in over two years.
Permit was revoked on December 11, 1985.
I, Curtis W. Horton do hereby deem this building a hazard to
safety by reason of inadequate maintenance, dilapidation, aban-
donment, making this an unsafe building.
RECOMMENDATIONS:
I hereby order this building be made safe and secure or be
removed.
This work shall start within 10 days and he completed in 30
days.
You cannot make this building safe and secure or remove it
until you obtain the necessary building permits.
(!~~ 7/r4;:;-
.
.
LAW OFFICES
RICHARD F. LARK
MAIN ROAD - P. O. BOX 973
CUTCHOGUE, NEW YORK 1193!S
TELEPHONE 516 734-6807
RICHARD F. LARK
WILLIAM D. MOORE
September 29, 1986
Mrs. Judith T. Terry
Southold Town Clerk
Main Road - Town Hall
Southold, NY 11971
RE: Saul Millman & Janet Millman
Violation of Chapter 90 of Code
of the Town of Southold
Dear Mrs. Terry:
Pursuant to conversations with your office, the above-
captioned matter has been scheduled for a hearing before
the Town Board on Octooer 21, 1986 at 10:00 A.M. In connec-
tion therewith I am enclosing the following:
1. Notice Pursuant to Chapter 90 of the
Code of the Town of Southold, dated
September 2, 1986.
2. Affidavit of Service by Mailing &
Posting of Curtis W. Horton, with
registered mail receipts attached.
3. Original Report of Curtis W. Horton
dated July 16, 1986.
If you have any questions concerning this matter, please
give me a call.
ver.ytrUlY yours, //
/.>l ~ / .-; /
//5~~L& / I.c//>~L
i/ '/ . r /
Richard F. LarK
RFL/mld
Enclosures
..., ... ,\
.
.
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: September 2, 1986
TO: Saul Millman and Janet Millman, his wife
435 Highwood Road
Southold, New York 11971
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 Southold, in the Town of
Southold, County of Suffolk and State of New York,
being more particularly bounded and described as
follows:
BEGINNING at a point on the westerly side of Horton
Lane distant 1005.77 feet northerly from the northerly
end of the curve connecting the northerly side of Middle
Road with the westerly side of Horton Lane; thence South
590 04' 10" West along land now or formerly of Davids.
835.67 feet to land now or formerly of Damianos; thence
North 36024' 40" West along last mentioned land 51.60
feet to land now or formerly of J. Conway; thence North
470 03' 20" East along last mentioned land 917.77 feet
to the westerly side of Horton Lane; thence South 380
24' 10" East along the westerly side of Horton Lane,
66.32 feet; thence South 100 31' 50" East still along
the westerly side of Horton Lane 188.51 feet to the
point or place of BEGINNING.
Suffolk County Tax Map Designation: District 1000,
Section 054.00, Block 07.00, Lot 023.007.
B. The building on your premises is structurally unsafe and
dangerous and as such constitutes a hazard to safety by
reason of inadequate maintenance, dilapidation and aban- .
donment, in particular: the foundation upon which the
building is located is improper in that it is on loose
cement blocks without proper footings; chimney is not pro-
perly supported; the plywood roofing sheathing is unpro-
tected and as a result water has been allowed to enter the
building deteriorating the roof sheathing and rafters; the
gable ends of the building are not finished and are open,
exposing the interior to the weather which has allowed
damage and rotting of the interior structure.
~, , :;
.
.,
.
NOTICE PURSUANT TO CHAPTER 90 OF THE CODE
OF THE TOWN OF SOUTHOLD
Page 2
Date: September 2, 1986
TO: Saul Millman and Janet Millman
B. (continued):
The property is not adequately fenced and secured, and the
building has been left exposed allowing the public to
enter the property at will which is dangerous to their
health and safety.
C. You are hereby ordered to either make the building on your
premises safe and secure or remove same. Further, you are
ordered to secure the perimeter of the property to prevent
unauthorized persons from entering the property.
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 beginning any restoration work, removing the
building or fencing of the perimeter of the property you
will have to obtain the necessary permits for this purpose
from the Building Department of the Town of Southold.
E. In the event you fail to comply with the above, a hearing
will be held before the Southold Town Board concerning
same at 10:00 A.M. prevailing time on October 21, 1986.
F. If the Southold Town Board after the aforementioned
hearing shall determine that the building is unsafe or
dangerous to the public, the Southold Town Board may order
the building taken down and removed, and the property
secured.
G. In the event the building 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 building and secure the property 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 building from the premises,
against the land on which the building is located.
c~~
Curtis W. H rton
Building Inspector
.
.
'.
STATE OF NEW YORK
TOWN OF SOUTHOLD
COUNTY OF SUFFOLK
- - - - - - - - - - X
In the Matter of a Violation of
Chapter 90 of the Code of the
Town of Southold by
AFFIDAVIT OF SERVICE
BY MAILING & POSTING
SAUL MILLMAN and JANET MILLMAN
- - - - - - - - - - - - - - - - - - - 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 4th day of September, 1986, 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 SAUL MILLMAN and JANET MILLMAN, his wife,
435 Highwood Road, Southold, New York 11971, that being the
!i address designated for that purpose, by depositing a true copy of
:!
,. the same enclosed in a postpaid properly addressed wrapper in an
I'
;!
official depository under the exclusive care and custody of the
Ii 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 SAUL MILLMAN and JANET MILLMAN, his wife, by Registered
Mail, Return Receipt Requested.
3. On the 3rd day of September, 1986, at 4:30 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
Structure Law of the Town of Southold) in a conspicuous place on
.
.
j:
"
'I
!i
" the premises owned by Saul Millman and Janet Millman, his wife,
!I
;i
, at 3930 Horton Lane, Southold, New York <Suffolk County Tax Map
Ii
iI
I Designation:
II
I' 023.007.
~ i
Ii
,
ii
"
"
Ii
"
"
I
!i
I,
District 1000, Section 054.00, Block 07.00, Lot
d,~ :?/~,
CurtJ.S W. Horton
Ii
!I Sworn to before me this
Ii ,pI
Ii /e; day of
"
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September, 1986
, ttft-:P/(-
MAllY LOU DOllO~ tod
NOTAtn pU51JC. Si~J;,)~~,oumY 1/ 1
No. 52.1nr,n~~ ~ ,-no';;. M./rtu.:H 30. 19.froo
COM}.f:~~_1 (j ,v t\(fl
.
Reg. Fee 9.
i ~~ Handling
... ii:~ Charge $
~ lL
i ~... Postage $
~ lS~ RECE ,0 BY
._ A.U
i.
cfOSTMARK OF
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G OFFICE .',
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435 HIGHWOOD RD.
SOUTHOLD N.Y.
PS FORM
Sept, 1979 3B06 RECEIPT FOR REGISTERED MAIL
----
ZT f~D11
(CWIImner C<rpy)
[JSTMARK OF .
$ <,
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$ '.
0 "
AIRMAIL
MAILING OFFICE
H. TN BL DEPT C
- . HORTON
P BOX 11 79
SOUTHOLD N.Y.
JANET MILLMAN
435 HIGHWOOD ROAD
SOUTHOLD N Y ZrfQ~l
PS FOAM ' .. ~ I
Sept 1979 3B06 RECEIPT FOR REGISTERED MAIL
(CUBWmer C<rpy)
i Reg. Fee $
~ ~~ Handling
~ U:,.. Charge $
~ lL~
i ~~ Postage s
... .,:1; RECEIVED BY
wOO
.511.0
i.
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,e ~ FULL VALUE s '00 ~,.
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3 space on reverse.
~' (COtISUlT POSTMASTER FOR mS)
~ 1. The to:lowlng service is req\.'tIsted (check or.e).
~ ~ Sh~to\Vi1Omanddaladel~'tred ........;......
!ll
N Show to whom. date. andoodrass otdeUverJ ..
2. D RESTRICTED DEliVERY...........................
'The ffslrk;l6d dBJlwry fu ~ elIafged lIladd;t/oll
fOllI,returnrec..-ipltet.)
~$'
--'-$
-$
TOTAL $
3. ARTICLE ADDRESSED TO:
SAUL MILLMAN
435 HIGHWOOD ROAD
ARTltlE NUMBER
.'
4. TYPE ~f SERVICE:
lCXREGISTERED
DCERTlflED
DEXPRESS M,~IL
: (A1wa~. ott.ln .Ign.ture 01 .ddre.... or .g.nl)
I have received - the article described
SIGNATURE DAddressllO
(j/fJ2.
1
DINSURED
DCOD
f\'?>~ 044C7
Authorlzed agent
:..J
,::~.
, POSTMARK
(m3ybeOllrevorseslde)
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:D . - I I
~ ____d'''' _H ,'''' LJ1: -'
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." . SENDBl: Complete Rams 1. 2. 3. and 4.
o Add your address In the "RETURN TO"
3. space on revsrse. -
~ (CONSULT POSTMAStER FOR FEES)
~ 1. Th8:foIIowIng stMce Is requested (check one).
-< =.
i """S1IowlOwI1on1anddata_ ...............
N 0 S1Iow 10 wI1on1. data, and _ 01 deIIWly ..
2. DRESTRICTEDDELNERV...........................
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TOTAL I
3. ARTICLE AOORES5Bl TO:
JANET MILLMAN
435 HIGHWOOD ROAD
ARTICLE NUMBER
,;..-
4. E
lDeeGISTERED
DCERTIRID
D EXPRESS MAIL
(Ahnys obtltnstgnatull 01 addrlUle or IgtRtl
I.........._thearllde~.
S!6NATURE DAdd~ /\Aulhll<Ized agenl
. ~l.iM
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5. Of 0
DINSUllED
DCOD
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POSTMARK
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11 GPO: 1982-319-693
.
.
TEL. 765-1802
o.
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
RE: SAUL MILLMAN and JANET MILLMAN
District 1000, Section 054.00, Block 07.00, Lot 023.007
Dates of Inspection: July 16, 1986
2:30 P.M.
RESULTS OF INSPECTION:
1. Building just sitting on loose cement blocks with no
cement between joints - improper footing.
2. Chimney is not properly supported.
3. Gable ends are wide open, no woodsheathing or studs.
4. Plywood is nailed to the rafters, no protection from this
material for over 2 years. The plywood is rotting and so
are the rafters. Due to exposure to weather elements
rafters have deteriorated.
5. Inside rotten and wet.
6. property is not fenced and is open to the public.
No work has been done on this building in over two years.
Permit was revoked on December 11, 1985.
I, Curtis W. Horton do hereby deem this building a hazard to
safety by reason of inadequate maintenance, dilapidation, aban-
donment, making this an unsafe building.
BECOMMENDATIONS:
I hereby order this building be made safe and secure or be
removed.
This work shall start within 10 days and he completed in 30
days.
You cannot make this building safe and secure or remove it
until you obtain the necessary building permits.
(]~~ 7/~
.
.
. .
October or Earlv November 1984: Mr. Millman moved building to Hortons
Lane, Southold with no permit. (Building sits on cement blocks)
November 9. 1984: Permit issued for building as a secondary structure
to be used as a storage shed or garage.
November 9. 1985: Letters written to Town Board Members concerning state
of this building. (Copies attatched)
December 5, 1985: Received letters from Supervisor Murphy stating that
Building Dept. is aware of the problem and will take care of it.
(Copies attatched)
From November 1985 until June 1986 (7 Months) I have been into the
Building Dept. at least once a month asking about progress on this
matter. Every time I went in I was assured that it was being taken care
of by Mr. Lessard, while nothing was being done.
June 3. 1986: Mr. Lessard advises me that on Friday, June 6, 1986 unsafe
building procedures will definitely be started by Mr. Horton.
June 6. 1986: Mr. Horton advises me that unsafe building procedures
may not be started that day and he wants to try Section 45 first.
June 13. 1986: Spoke to Mr. Murphy about finding out what was really
happening with the Millman property, and was told that he would get
back to me.
June 18. 1986: In Mr. Murphys outer office in front of Mrs. Hogan, Mr.
Lessard tells me that all papers have been given to Mr. Lark for con-
demnation procedures.
August 11, 1986: Went to Building Dept. to find out progress on condemna-
tion. Building Dept. secretaries advised me to call Mr. Larks office,
since they knew nothing about it.
August 14, 1986: Spoke with Marylou from Mr. Larks office and was told
that the name and problem did not ring a bell but sqe would look into
it further.
August 15. 1986: Morning: Curt Horton tells me everything is being taken
care of and that they know all about the problem in Mr. Larks office.
.
.
August 15. 1986: Afternoon: Mr. Larks office calls and tells me they know
nothing about the problem and have no paperwork on Mr. Millmans property.
Au~ust 18, 1986: Spoke to Mr. Horton and he assures me he will find out
the problem in Mr. Larks office by Friday. August 22, 1986.
Au~ust 22. 1986: Absolutely ~ satisfaction, Mr. Horton has found out
nothing. Spoke to Mr. Murphy about going before the Town Board, since
I can get no satisfaction from the Building Dept.
Au~ust 26. 1986: Meeting with Town Board, 10:30 a.m.
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OFFICE bSF: T~.":E.~'~:'.~~RVISOR
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TOWN bF SOUJ'HOLD
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FRANCIS J. MURPHY
SuPERVISOR
MAIN ROAD
SOUTHOLD, L.I., N.Y. 11971
TELEPHONE
(516) 765-1800
(5161 765., 939
December 5, 1985
Mr. & Mrs. Joseph M. Conway
Hortons Lane
Southold, NY 11971
Dear Mr. & Mrs. Conway:
I am in receipt of your letter in reference to the
Mobile Home on Horton's Lane.
I have discussed this problem with our Building Admin-
istrator, Mr. Victor Lessard, and he has informed me that
the owners permit has expired and he's been notified that
he is to come into the Building Department. Hopefully,
this matter will be finalized in the very near future.
Thank you for bringing this matter to may attention
and for your interest and concern.
FJM: jmr
cc: V. Lessard
yours,
Murphy
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FRANCIS J. MUR~HY
suPE RVISOR
MAIN ROAO
SOUTHOLO. L.I.. N.Y. 11971
TELEPHONE
(516) 765-1S00
(516) 765.1939
December 5, 1985
Mr. Robert L: Corwin
Jennings Road
Southold, NY 11971
Dear Mr. Corwin:
I am in receipt of your letter in reference to the
Mobile Home on Horton's Lane in Southold.
I have discussed this problem with our Building Adminis-
trator, Mr. victor Lessard, and found out that the permit has
expired and the owner has been notified to come into the Build-
ing Department. Mr. Lessard is well aware of the situation and
will take care of the problem. Hopefully, this matter will be
finalized in the very near future.
Thank you for your cooperation, interest and concern.
FJM: jmr
cc: .v. Lessard
yours,
Murphy
.
.
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November 21,
-'""
1985
Southold Town Board
Main Road
Southold, NY 11971
D rn: (f: & [iW'/E
'"I iilJV 21 '!!5 tn I
I'U
TOWN OF SOUTHOLD
Dear Members of the Town Board:
I am writing this letter in reference to the building on the Millman
property on Hortons Lane, Southold. Since I have been unable to get
any satisfaction from the Building Dept. on this matter I have been ad-
vised to notify the Town Board for action.
In October or early November of 1986 Mr. Millman moved a building to his
property on Hortons Lane. After moving the building I was informed by a
member of the Building Dept. that this move was made without a permit.
Then on November 9, 1984 a permit was issued for the building as a second-
ary structure to be used as a storage shed or garage. When we complain-
ed to the Building Dept. we were told that Mr. Millman had one year to
put up a primary structure in front of the structure he has there now,
even though they were aware the structure was an eyesore.
Approximately 2-3 days before Mr. Millmans' permit was to have run out
I returned to the Building Dept. to bring the matter to the attention of
Mr. Lessard. I was told by Mr. Lessard that since Mr. Millman had not
even started the primary structure yet he would either have to renew and
pay for a new permit or get rid of the building. I returned again to
the Building Dept. on the 19th of November to see if anything had been
done or had changed on Mr. Millmans' permit. I was then told by a mem-
ber of the Building Dept. that they were very backed up and hadn't yet
gotten in touch with Mr. Millman. When I asked them when they thought
they would be able to get to it they informed me that maybe by the end
of the week they would have things caught up and that it would be some-
time after that, but that they were not going to push it.
The surrounding neighbors and I have been concerned about this problem
for over a year. Mr. Millmans' building is indeed an eyesore, a dis-
grace, and moreover dangerous, as it appears to be sitting only on ce-
ment blocks.
If you are not familiar with this situation already, I am requesting
that you view it and then make a decision. I would appreciate hearing
from you in the near future. I can be reached at 765-5680.
Sincerely Yours,
j{1\..L ~..J o..L-~~
Lori E. Salmon
"'-
-
.
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FRANCIS J. MURPHY
SUPERVISOR'
MAIN ROAD
SOUTHOLD. L.I.. N.Y. 11971
TELEPHONE
(516) 765.1800
(516) 765-1939
"
December 5, 1985
Mrs. Lori E. Salmon
Hortons Lane
Southold, NY 11971
Dear Mrs. Salmon:
I am in receipt of your letter in reference to the building
on the Millman property on Hortons Land, Southold.
--
I have discussed this problem with our Building Administrator,
Mr. Victor Lesszrd, and found out that his permit has expired
and the owner has been notified to come into the building Depart-
ment. Mr. Lessard is well aware of the situation and will take
care of the problem. Hopefully, this matter will be finalized
in the very near future.
Thank you for your cooperation, interest and concern.
FJM: jmr
cc: V. Lessard