HomeMy WebLinkAboutNaugles Drive, Inc
.
.....~.
. ~.. "'"
SCHECHTER SCHECHTER LAMB & KENNEY
I~V'NG SCI-IECMTER
HERMAN SCI-IECHTER
P. L. LAMB
LAWRENCE M. KENNEY
BRADLEY E. ROCK
ATTORNEYS AT LAW
DRAWER 608
SMITHTOWN, NEW YORK 11787
(516) 265 -1700
LYNNE M_ GORDON
PATRICE OOWD SI-IENN
27 May 1982
Robert Tasker, Esq.
425 Main Street
Greenport, New York
11944
Re: No Number Naugles Drive, Inc. with Town of Southold
Dear Mr. Tasker:
We are the attorneys for No Number Naugles Drive, Inc., the owner of premises
located in Mattituck. In that capacity, we request that the notice of pendency
filed by the Town of Southold in connection with an unsafe building ordinance
violation be cancelled of record. We are enclosing copy of the minutes of the May
18, 1982 resolution of the Town Board accepting the repairs made to the tank on
the premises.
We have spoken with Richard Lark, Esq., who filed the notice of pendency on
behalf of the Board, and Judith Terry, Town Clerk, and both have confirmed that
the notice of pendency can be cancelled only by you.
Your prompt attention to this matter will be appreciated.
d;;:l{;~,-
LY(Jne M. G
LMG:mw
Enclosure
~-.;
.
I~'
.,:'5
{';.~
"'.'
,1-...,
.,;..-.04
'\
':j"
Town Hal!, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH 1. TERRY
TOWN CLERK
REGISTRAR OF VITAL S L\I IS lies
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 20, 1982
Mr. Edward F. Hindermann
Building Inspector
Town of Southo1d
Southold, New York 11971
Dear Mr. Hindermann:
The Southold Town Board at a regular meeting held
on May 18, 1982 adopted a resolution accepting the
adequacy of the repairs made to the tank on the property
of No Number Naugles Drive, Inc., which was the subject
of a public hearing on February 23, 1982 under Chapter
90 of the Code of the Town of Southold, "Unsafe Buildings".
Very truly yours,
~~~~~
Judith T. Terry
Southold Town Clerk
.
.
1.
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
TOWN CLERK
RFGISTRAR 01: VITAL 51.\ r1STlCS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 19 , 1982
Lynne M. Gordon, Attorney
Schechter, Schechter, Lamb & Kenney
Drawer 608
Smithtown, New York 11787
Dear Ms. Gordon:
The Southold Town Board at a regular meeting
held on May 18, 1982 adopted a resolution accepting
the adequacy of the repairs made to the tank on the
property of No Number Naugles Drive, Inc., which was
the subject of a public hearing on February 23, 1982
under Chapter 90 of the Code of the Town of Southold,
"Unsafe Buildings".
Very truly yours,
~~~
Judith T. Terry
Southold Town Clerk
.
.
.Y
Town Hall, 53095 Main Road
P.O. Box 728
SOllthold, New York 11971
TELEPHONE
(516) 765-1801
:!"
JLJlJlTI1 T. TERRY
Tmv:-.; CLERK
RL(;ISTRAR 01' VI L\L 5 1.\ IISIKS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 6, 1982
Lynne M. Gordon, Attorney
Schechter, Schechter, Lamb & Kenney
Drawer 608
Smithtown, New York 11787
Dear Ms. Gordon:
In reply to your letter of May 4, 1982 concerning No Number
Naugles Drive, Inc., the following will appear in the Work Session
minutes of the Town Board meeting of May 4, 1982:
"Lynne M. Gordon, Attorney, of Schechter, Schechter, Lamb &
Kenney, appeared before the Town Board on behalf of No Number
Naugles Drive. Ms. Gordon was accompanied by Sam Allen, prospective
purchaser of the property; they wished to discuss the repairs to the
tank at the property in question which were the subject of a hearing
on February 23, 1982 under Chapter 90 of the Code of the Town of
Southold, "Unsafe Buildings". Building Inspector Hindermann had
submitted a report to the Town Board on March 23rd citing lack of
compliance with the Town Board's resolution at the conclusion of
the hearing. On April 21st Building Inspector Hindermann submitTed
a report stating that most of the conditions of the resolution had
been complied with, however, repair was not made to the top of the
tank, but he would accept it as having been done as a temporary
measure until permanent repair is made. Mr. Allen described to
the Town Board the method of temporary repair to prevent the skin
from coming off the tank and stated such a repair should last for
twenty years. The Board was inclined to accept the adequacy of the
repairs, but reserved the right to inspect the premises and make a
final decision at their May 18th meeting. Mr. Allen advised that
at the present time he does not have a plan of how he will use the
property, but he expects to take title by June and will return to
meet with the Board in mid-summer to discuss his long-range plans."
Very truly yours,
/(--7 ',y' ~
~ceu7L~ . J -":4/~
Judith T. Terry
Southold Town Clerk
RECEIVE!)
MAY 6 1981
.
.
SCHECHTER SCHECHTER LAMB & KENNEY
:t- Cleltc SoutMkI
IRVING SCI-lECHTER
HERMAN SCHECHTER
Fl. L. LAMB
LAWRENCE M. KENNEY
BRADLEY E. ROCK
ATTORNEYS AT LAW
DRAWER 608
SMITHTOWN, NEW YORK 11787
(516) 265-1700
LYNNE M. GORDON
PATRICE DOWO Sl-IENN
4 May 1982
Southold Town Board
Town Hall
P. O. Box 728
53095 Main Road
Southold, New York
11971
Attention: Judith T. Terry
Town Clerk
Re: No Number Naugles Drive, Inc.
Dear Ms. Terry:
Please forward a copy of the portion of the Town Board's minutes relating to the
hearing on the adequacy of the repairs to premises owned by our client, No Number
Naugles Drive, Inc.
The hearing, as you no doubt recall, was part of the working session held on May
4, 1982.
We are enclosing a self-addressed, stamped envelope for your convenience.
Thank you for your many courtesies in connection with this matter.
LMG: mw
Enclosure
ours,
.
.
SCHECHTER SCHECHTER LAMB & KENNEY
II'l:VING SCHECHTER
HERMAN SCHECHTER
P. L. LAMB
RECEIVE!)
APR 2 9 1982
ATTORNEYS AT LAW
DRAWER 608
SMITHTOWN, NEW YORK 11787
LAWRENCE M. KENNEY
(516) 265 - 1700
BRAOL!;Y ~. ROCK
LYNNE M. GORDON
PATRICE OOWD SHENN
rown Clerk Southold
27 April 1982
Southold Town Board
Town Hall
53095 Main Road
P. O. Box 728
Southold, New York 11971
Attention: Judith T. Terry
Town Clerk
Re: No Number Naugles Drive, Inc.
Dear Ms. Terry:
As you know, we are the attorneys for No Number Naugles Drive, Inc. In that
capacity, we confirm the appointment of our client with the Town Board at 10: 00
A.M. on May 4, 1982.
At that time we will request that the repairs which have been made to the premises
be considered as completion of the work set forth in the Board's resolution dated
February 23, 1982.
The report of the building inspector, dated April 21, 1982, states that the debris
has been removed, the electrical power disconnected, and the hatches at ground
level secured. Mr. Hindermann also states that the lower 14 to 16 feet of the
ladders on the tanks have been removed, and he finds this acceptable. It would
appear that the only remaining area of confusion is whether the removal of portions
of the tank skin and securing the remainder with metal cables constitutes compliance
with the first item of work set forth in your resolution which calls for "removal or
repair of the tank skin".
Thank you for your attention and courtesy in scheduling this meeting.
LMG :nw
cc: Mr. H. Melville Brush
lVIr. Kenneth Rhodes
Mr. Sam Allen
.
.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
April 21, 1982
Town Board
Town of Southold
Main Road
Southold, NY 11971
Re: No Number Naugles Drive, Inc.
Unsafe Building Hearing 2123/82
Gentlemen:
The following is a report and my comments resulting from
the above hearing:
1. As previously reported, repair was not made to
the top of the tank. I would accept, however,
what has been done as a temporary measure until
a permanent repair is made.
2. Premises, and adjoining property has been
cleared of metal debris.
3. On April 9, 1982, I received a copy of a notice
issued by L.I.L.C.O. that service to this facility
was disconnnected at pole.
4. The ladders of all tanks were cut off again and
are now 14 to 16 feet above ground level. I
would be inclined to accept this since they would
be difficult to reach for young children.
5. Hatches at ground level are secured.
Your! truly,
M ,,' ~ 1tv.4d,{CU-'
Edward F. Hindermann
Building & Housing Inspector
EFH:ec
.
.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, N. Y. 11971
March 23, 1982
Town Board
Town of Southold
Main Road
Southold, N.Y. 11971
Re: No Number Naugles Dr., Inc.
Unsafe Building Hearing
Gentlemen:
In response to letter from Island Asphalt Co., Inc., to
Board, copy of which I received, I made an inspection of the
asphalt tank facilities and found the following:
1. Appears all loose metal has been removed from
top of tank and metal jacket has been secured
by two steel cables that encircle the tank at
top. There were no repairs made.
2. All loose metal has been cleared away at base
of tank and premises. Some small fragments of
metal still remain on adjacent property on
easterly side.
3. The electric power does not appear to be dis-
connected at utility pole.
4. The lower section of ladders have been removed
from all of the tanks. Sections that have been
removed varied from 8 to 10 feet.
5. All hatches at ground level are secured, did
not check top of tank.
In view of the lack of compliance with the resolution,
I have, this day, executed an information with Judge Tedeschi
against No Number Naugles Dr. Inc., in violation of Sec. 90-
10, Unsafe Building Ordinance.
,
';~C7J ~d<<~
Edward ~~dermann
Building & Housing Inspector
EFH:ec
_r --
MM08f
w.Rl:2 _
. .
ISLAND ASPHALT CO., INC.
,... a.Ir ,litJ'.
ROAD BUILDERS . ASPHALT APPLICATION
RESURFACING
PHONE: (516) 732.3333
CORAM. L. I.. N. Y. 11727
March 19, 1982
Town Board
Town of Southo1d
Town Hall,53095 Main Rbad
P.O. Box 728
Southold, New York 11971
Dear Board Members:
In response to a request from the present owners of no number
Naugles Drive, Inc. we have agreed to correct the unsafe conditions
as you describe in your resolution of February 23, 1982.
We were notified on February 26 and assessed work to be done: last
week and have one piece of equipment at the job site now and will
proceed to correct the violations.
Thank you for your cooperation in this matter.
7' vor, t~l,.
~tn
President of Island Asphalt Co., Inc.
~ . ~ ~_d~f~ &1J,~'~~~~hY~~?0
~ <;t- /tkLcuet'd(awL ~~~&;z
.
.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
March 16, 1982
Town Board
Town of Southold
Main Road
Southold, N.Y. 11971
Re: No Number Naugles Dr., Inc.
Unsafe Building Hearing
Gentlemen:
In accordance with condition #7 of the Resolution dated
February 23, 1982, I made, on this date, an on site inspection
of the asphalt tank facilities in Mattituck.
"
This is to report that none of the conditions set forth
in the resolution have been complied with, and that I have
not been contacted by the owners of the firm or their legal
representative in response to th~eSOlution.
You' s truly,
/
.f:. .' /
~
indermann
Housing Inspector
EFH:ec
, .,5TATE OF NEW YORK I
COUNTY OF SUFFOLK ss:
" ,Office of the Clerk of the
TOWN OF SOUTH OLD
I
(SEAL)
This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in
the said County of Suffolk, have compared the foregoing copy of resolution
with the original resolution now on file in this office, and which was passed
by the Town Board of the town of Southold in said County of Suffolk, on
the ....?.~.~~... day of ...........r.~!?~].!i!-.:r.y....... 19.~.?.., and that the same is
a correct and true transcript of such original resolution and the whole thereof.
In Witness Whereof, I have hereunto set my hand and affixed the seal
of said Town this ...?!?~~.... day of ...........:f.~!?~~!'!-.!.X........... 19.~.?..
Clerk of the Town Board, ~~~~.~~~
,
~
.
.
\"".-
... ,. J
,
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516)765.1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR or: VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A SPECIAL MEETING HELD ON FEBRUARY 23, 1982:
The Southold Town Board made the following decision on February
23, 1982 in the matter of No Number Naugles Drive, Inc. Unsafe
Building Hearing:
.'
WHEREAS, the Southold Town Board held a hearing at 11:00 A.M.,
February 23, 1982 in the matter of Notice to No Number Naugles
Drive, Inc. pursuant to Chapter 90 of the Code of the Town of
Southold relative to a structure located on the east side of
Naugles Drive, Mattituck, New York, which was determined to be
structurally unsafe and dangerous by Building Inspector Edward
F. Hindermann, now, therefore, be it
RESOLVED that as a result of said hearing on February 23, 1982,
the Southold Town Board agrees with Building Inspector Hindermann
that the tank located on the northwest corner of the premises is
structurally dangerous and as such constitutes a hazard to safety
by reason of inadequate maintenance. In particular the light
metal covering over the insulation on the top and sides has torn
loose. The fasteners holding the metal to the tubular framework
surrounding the structure have loosened. The tubular framing has
deteriorated and therefore the sheet metal fasteners have no
holding power; and be it further
RESOLVED that by March 15, 1982 the following shall be accomplished:
1. Remove or repair all of the skin from the sides and top
of the tank.
2. Remove all pieces of material and debris on the premises.
3. Disconnect the electrical power at the utility pole.
4. Remove the lower 20 feet of the ladder on the tank.
5. Secure all hatches on the tank.
6. All of the above shall be done under the supervision and
to the satisfaction of the building inspector.
7. In the event you fail to accomplish the abovementioned
work by March 15, 1982, the Town shall repair or remove the tank
by whatever means it deems appropriate and assess all costs and
expenses incurred by the Town in connection with the proceedings
to remove or secure, including the cost of actually removing the
tank, against the land on which said tank is located.
.
. .
, .
,
I
.
.
HEARING - SOUTHOLD TOWN BOARD
11:00 A.M., TUESDAY, FEBRUARY 23, 1982, PURSUANT TO CHAPTER 90 OF
THE CODE OF THE TOWN OF SOUTHOLD, "UNSAFE BUILDINGS", RE: NO NUMBER
NAUGLES DRIVE, INC.
Present: Supervisor William R. Pell, III
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: I would like to call to order the hearing under
Chapter 90 of the Code of the Town of Southold against No Number
Naugles Drive, Inc. Counsel for the Town.
SPECIAL ATTORNEY LARK: Mr. Supervisor, will you kindly swear in
Edward Hindermann the Building Inspector.
SUPERVISOR PELL: 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?
BUILDING INSPECTOR HINDERMANN: I do.
SUPERVISOR PELL: Be seated.
SPECIAL ATTORNEY LARK: Would you give your full name and address
to the Clerk.
BUILDING INSPECTOR HINDERMANN: Edward F. Hindermann, 2745 Vanston
Road, Cutchogue, New York.
SPECIAL ATTORNEY LARK: Are you employed by the Town of Southold,
Mr. Hindermann?
BUILDING INSPECTOR HINDERMANN: That's correct.
SPECIAL ATTORNEY LARK: And in what capacity?
BUILDING INSPECTOR HINDERMANN: Building Inspector.
SPECIAL ATTORNEY LARK: And how long have you been so employed?
BUILDING INSPECTOR HINDERMANN: Ten years plus; and about a month.
SPECIAL ATTORNEY LARK: For the previous ten years, is that correct
that you have been employed as a Building Inspector?
BUILDING INSPECTOR HINDERMANN: Yes.
PAGE 2 - "Unsafe aldingS" - No Number NaUgle Drive,
Inc.
SPECIAL ATTORNEY LARK: Did you have occasion as a Building Inspector
to inspect premises owned by No Number Naugles Drive in Mattituck up
by what is known as the Breakwater?
BUILDING INSPECTOR HINDERMANN: Yes, I did.
SPECIAL ATTORNEY LARK: When did you do an inspection of that
premises and for what purpose?
BUILDING INSPECTOR HINDERMANN: On December 8, 1981.
SPECIAL ATTORNEY LARK: For what purpose?
BUILDING INSPECTOR HINDERMANN: To determine the damage caused to
the top of the tank from the severe winds.
SPECIAL ATTORNEY LARK: Could
property that you inspected.
In other words, is it vacant,
what is it?
you tell the Board what type of
What is there on the property?
is it commercial, is it residential,
BUILDING INSPECTOR HINDERMANN: It's a commercial piece of property
and it's on the Inlet--Mattituck Inlet. There are four product
holding tanks and the smaller tank I have been told contains an
agent--reducing agent. There are several buildings on the---
SPECIAL ATTORNEY LARK: Let me stop you. When you say a holding
tank, what type of holding tank?
BUILDING INSPECTOR HINDERMANN:
There are several buildings on
side within the area where the
the heating system for heating
go through the pipes.
Asphalt product holding tank.
the property. One on the westerly
tanks are located and that contains
the asphalt in order to get it to
SPECIAL ATTORNEY LARK: To save some time, would it be better to
say that this is an asphalt plant and storage area?
BUILDING INSPECTOR HINDERMANN:
It's an asphalt storage plant.
SPECIAL ATTORNEY LARK: That's generally how you characterize the
use of the property?
BUILDING INSPECTOR HINDERMANN: That's right, yes.
SPECIAL ATTORNEY LARK: Now, you said you inspected it when?
BUILDING INSPECTOR HINDERNANN:
December 8, 1981.
SPECIAL ATTORNEY LARK: And as a result of your inspection did you
prepare a written report?
BUILDING INSPECTOR HINDERMANN: Yes, I did.
SPECIAL ATTORNEY LARK: I show you Exhibit I which I have already
marked to save time and ask you is that a photocopy of your report?
PAGE 3 - "Unsafe .1dingS" - No Number NaUgl.Drive, Inc.
BUILDING INSPECTOR HINDERMANN: Yes, that's correct.
SPECIAL ATTORNEY LARK: You have the original?
BUILDING INSPECTOR HINDERMANN: I have the original.
(Handwritten report of Building Inspector Edward Hindermann, dated
12/8/81 and 12/9/81 was entered into the record as Town's Exhibit I.)
SPECIAL ATTORNEY LARK: That report that you prepared, you caused
that report to be filed in the Building Department?
BUILDING INSPECTOR HINDERMANN: That's correct.
SPECIAL ATTORNEY LARK: And could you briefly tell the Board the
result of your report? What it contained?
BUILDING INSPECTOR HINDERMANN: I visited the site in the afternoon
at 2:30 P.M. and I found that the metal covering on the tank was
blowing at the top of the tank, the roof covering. The tank that
is lomted on the northwest portion of the facility and there were
pieces of metal and insulation blowing around and deposited on the
ground around the base of the tank.
SPECIAL ATTORNEY LARK: I am going to show you two photographs
which 'I have marked Town's Exhibit VII and I am going to call
that one 7(a) the smaller photograph. Is that the tank that you
are referring to with loose material at the top?
BUILDING INSPECTOR HINDERMANN: That's right.
SPECIAL ATTORNEY LARK: I am going to show you then VII which we'll
call (b) which is a photograph. Is that the loose material that
you said you found at the foot of the tank?
BUILDING INSPECTOR HINDERMANN: Yes. That's a larger section that
has blown off the top.
SPECIAL ATTORNEY LARK: Did you take those pictures yourself?
BUILDING INSPECTOR HINDERMANN: I took the small picture, it's a
Poloroid.
SPECIAL ATTORNEY LARK: VII(a)?
BUILDING INSPECTOR HINDERMANN: Right. And I got the other one
from Paul Demery who is with the Long Island Watchman-Traveler.
SPECIAL ATTORNEY LARK: Now, do these pictures fairly and accurately
represent what you saw there when you did your formal inspection on
December 8th?
BUILDING INSPECTOR HINDERMANN: ves, that's correct.
(Two photographs of tank and premises at No Number Naugles Drive,
Inc. were entered into the record as Town's Exhibits VII(a) and
VII(b). )
"
PAGE 4 - "Unsafe aldingS" - No Number NaUgl. Drive, Inc.
SPECIAL ATTORNEY LARK: As a result of your report did you do
anything--what if anything did you do then? This is of your
formal inspection and preparation of your report?
BUILDING INSPECTOR HINDERMANN: What I did was try to determine
who was the owner of the property and I went to the Town tax records.
I found that the property was owned by No Number Naugles Drive and
I looked at a copy of the deed and I found that one of the principles
was a man by the name of Howard Brush and the address of 8 Teapot Lane,
Smithtown. Through that I contacted the telephone company and got
his telephone number and I called him and advised him of the con-
ditions that existed at the facility.
SPECIAL ATTORNEY LARK: And did you cause a letter to be written
to Mr. Brush advising him--
BUILDING INSPECTOR HINDERMANN: I followed it up the following day
with a letter concerning the conversation.
SPECIAL ATTORNEY LARK: I'm going to show you Town's Exhibit II
and ask you if this is a copy of the letter that you sent to Mr.
Brush, which you referred to, and also attached therewith is a
letter dated December 11th. Is that a copy of his reply thereto?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: And you have the originals in your file?
BUILDING INSPECTOR HINDERNANN:
I do.
(Letter dated December 9, 1981 from Building Inspector Edward F.
Hindermann to No Number Naugles Drive, Inc. and letter dated
December 11, 1981 from Howard M. Brush to Office of Building
Inspector, Att:' Edward F. Hindermann entered into the record as
Town's Exhibit II.)
SPECIAL ATTORNEY LARK:
of the situation?
In your letter to him did you advise him
BUILDING INSPECTOR HINDERMANN: Yes, I did.
SPECIAL ATTORNEY LARK: And did you inform him of what, if any,
corrective action that you wanted him to take?
BUILDING INSPECTOR HINDERMANN: I stated that I thought that the
property should be fenced off and posted, "No Trespassing" signs
be placed around the perimeter of the property.
SPECIAL ATTORNEY LARK:
telephone conversation
with you that he would
And did he
with you or
comply with
indicate to you either in his
in his subsequent correspondence
your request?
BUILDING INSPECTOR HINDERMANN: Yes, he did.
SPECIAL ATTORNEY LARK: And did he in fact comply?
PAGE 5 - "Unsafe aldingS" - No Number NaUgltlt Drive, Inc.
BUILDING INSPECTOR HINDERMANN: They put the signs up, but the
property wasn't fenced at all. In addition to that I asked him
to make repairs to the top of the tank.
SPECIAL ATTORNEY LARK: Did he cause any repairs to be done?
BUILDING INSPECTOR HINDERMANN: no.
SPECIAL ATTORNEY LARK: So Exhibit II then is your letter to him
and his response thereto, is that correct?
BUILDING INSPECTOR HINDERMANN: That's correct.
SPECIAL ATTORNEY LARK: As a result of your conversation and
your correspondence with him did you mak~ a determination as
to the condition of this tank, I'll call it a storage tank, on
the property, did you make a determination as to its condition?
BUILDING INSPECTOR HINDERMANN: Yes, I felt it was--the metal loose
like that blowing off as strong winds were happening at the time,
that it was a dangerous condition and that the metal could blow
around the vicinity and could possibly hurt somebody or damage
property.
SPECIAL ATTORNEY LARK: Is the tank defined as a building or
structure within the Zoning Ordinance of the Town?
BUILDING INSPECTOR HINDERMANN: Yes, it is.
SPECIAL ATTORNEY LARK: Did you then cause a Notice to be served
on the respondent No Number Naugles Drive, Inc.?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: And was that Notice pursuant to Chapter 90
of the Code of the Town of Southold?
BUILDING INSPECTOR HINDERMANN: It was.
SPECIAL ATTORNEY LARK: And I show you Town's Exhibit III and ask
you if that's a copy of the Notice dated December 30,1981, did you
cause that to be sent to the respondent No Number Naugles Drive?
BUILDING INSPECTOR HINDERMANN: Yes, I did.
SPECIAL ATTORNEY LARK: And pursuant to the ordinance did you
cause the Notice to be posted on his property?
BUILDING INSPECTOR HINDERMANN: Yes, I did.
SPECIAL ATTORNEY LARK:
Affidavit of Mailing &
Notice pursuant to the
I show you Exhibit IV and is
Posting the property with the
ordinance?
this your
required
BUILDING INSPECTOR HINDERMANN: Yes,it is.
" ".
PAGE 6 - "Unsafe aldingS" - No Number NaUgltt Drive, Inc.
SPECIAL ATTORNEY LARK: And attached herewith is the return receipt
you received back from the postal service?
BUILDING INSPECTOR HINDERMANN: That's correct.
SPECIAL ATTORNEY LARK:
Indicating that Mr. Brush---
BUILDING INSPECTOR HINDERMANN: He received the Notice.
SPECIAL ATTORNEY LARK: On January 5th, is that correct?
BUILDING INSPECTOR HINDERMANN:
That's the date, yes.
SPECIAL ATTORNEY LARK: 1982?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: I offer the Notice that he sent pursuant
to the statute, that will be III and the Affidavit will be IV.
(Notice Pursuant to Chapter 90 of the Code of the Town of Southold,
dated December 30, 1981, to No Number Naugles Drive, Inc. from
Edward F. Hindermann, Building Inspector was entered into the record
as Town's Exhibit III.)
(Affidavit of Service by Mail & Posting, The Town of Southold against
No Number Naugles Drive, Inc., sworn to on January 4, 1982 by Edward
F. Hindermann was entered into the record as Town's Exhibit IV.)
SPECIAL ATTORNEY LARK: Mr. Hindermann, as a result of you sending
out that Notice did you hear at all from the owner?
BUILDING INSPECTOR HINDERMANN: I received a letter from the attorney.
No, prior to that I did get a call. There was a message left in the
office saying I was to contact---there was a call that came into the
office on December 14th and Mr. Brush wanted to know what he could
do in the way of correcting the damage that was caused to the tanks
and if I knew of anybody that could make the repairs. What I did was
I looked up the file in the previous problems that we had with one
of the other tanks when it was owned by Mr. Martin Carey and I did
get a name of a person he used to make the repairs to the other tanks
and I got in touch with Mr. Brush and gave him the name of the person.
I didn't get in touch with him personally but one of the people that
is employed by him took the message.
SPECIAL ATTORNEY LARK:
Notice out on or about
since sending that out
any---
That was back in December. You sent the
December 30th, the statutory Notice. Now,
and since his receiving of it, did you receive
BUILDING INSPECTOR HINDERMANN: Yes, I got a letter from his attorney,
Schechter Schechter Lamb & Kenney.
SPECIAL ATTORNEY LARK: Now, I show you a letter dated January 13th
which I previously marked Town's Exhibit V and is this the letter
that you received from Mr. Lrohb of Schechter's office?
.,
PAGE 7 - "Unsafe .ldingS" - No Number NaUg11 Drive, Inc.
BUILDING INSPECTOR HINDERMANN: Yes, that's the letter that I
received.
SPECIAL ATTORNEY LARK: And as a result of receiving that letter
did you reply thereto?
BUILDING INSPECTOR HINDERMANN:
Yes, I did.
SPECIAL ATTORNEY LARK: And I
is a letter dated January 21,
letter?
show you Town's Exhibit VI which
is that your reply to Mr. Lamb's
BUILDING INSPECTOR HINDERMANN: That's correct.
Since
SPECIAL ATTORNEY LARK: this exchange of correspondence with the
respondent have you heard anything more regarding the tanks or
the property or what's going to be done or not be done?
BUILDING INSPECTOR HINDERMANN: Nothing until last night.
a call from Mr. Lamb.
I got
SPECIAL ATTORNEY LARK: Mr. Lamb meaning the attorney?
BUILDING INSPECTOR HINDERMANN: The attorney, yes.
SPECIAL ATTORNEY LARK: What did he indicate to you?
BUILDING INSPECTOR HINDERMANN: He indicated that the owners were
in Florida and they had been away for some time and he was away for
a week and just got back and that he would contact them and try to
get their act together and he asked if we were going to give him
additional time as he requested in his letter and I said to him,
"No, we would proceed with today's hearing", because I hadn't heard
from him and in my letter to him I indicated that I would extend the
time providing they would furnish us with a schedule as to what they
intended to do.
SPECIAL ATTORNEY LARK: Since December 8th when you inspected the
premises have you been back there since?
BUILDING INSPECTOR HINDERMANN: Yes, on several occasions.
SPECIAL ATTORNEY LARK: When was the last time you were back there?
BUILDING INSPECTOR HINDERMANN:
I was down there yesterday.
SPECIAL ATTORNEY LARK: Which would be February 22nd?
BUILDING INSPECTOR HINDERMANN: February 22nd.
SPECIAL ATTORNEY LARK: Did you look at and inspect the property
on February 22nd?
BUILDING INSPECTOR HINDERMANN: Yes, I did.
SPECIAL ATTORNEY LARK: Was there any substantial change from when
you looked at it on December 8th?
PAGE 8 -
"unsafeeildings" - No Number Nau~ Drive, Inc.
BUILDING INSPECTOR HINDERMANN: No, not at all.
SPECIAL ATTORNEY LARK: This tank that's in question was still in
the same condition?
BUILDING INSPECTOR HINDERMANN: Still in the same condition.
SPECIAL ATTORNEY LARK: As a result of your first inspection and
your subsequent involvement with this matter, have you made a
determination or formed an opinion as to whether or not this tank
is---it's condition?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: Will you tell the Board what your opinion
is.
BUILDING INSPECTOR HINDERMANN: I believe that the tank--that is the
outer skin covering---perhaps I should explain what this is used for.
The asphalt tanks contain a product that's heavy in consistency and
in order to pick this up at the terminal they have to heat it and
in order to maintain the temperature they have to insulate the tank
and this is what this skin is for. It's an outer covering of the
tank to protect the insulation and it's made up of a tubular frame-
work and this is one of the sections of the tubular framework and
inbetween the tubular framework they insulate. They also insulate
within the tubes and they cover the sides and the top o~ the tank
and this is the covering (indicating a piece of material) that is
used to protect the insulation. This is a piece that came off the
top of the roof. This is what's breaking loose. Over the years
there has been,in my estimation,any time you have heat, a hot
condition and insulation you'll get condensation and because of
the fact that there was no vapor barrier such as we would do in
a house, when you insulate a house we put a vapor barrier to
maintain the moisture within the building. The same condition
exists in these tanks and because of the fact there is nothing
to keep the moisture within the tank it went through the tank
and got into the metal and caused deterioration situation such
as you can see.
SPECIAL ATTORNEY LARK:
Is that that discoloration which I assume---
BUILDING INSPECTOR HINDERMANN: It's rusted, it's steel. And due
to the fact that the tubular framework is gradually deteriorating
the fasteners that they used to hold on the metal, the holes become
weak and the metal will lift and when the metal lifts then the
wind gets under it and that is the problem. The wind is getting
under the metal and it has lifted and is blowing the metal off of
the tanks.
SPECIAL ATTORNEY LARK: Those pieces of metal that you referred
to when you were just talking to the Board, were those pieces that
you had picked up at the property?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: When did you pick those up?
PAGE 9 - "Unsafe aldingS" - No Number NaUgl. Drive, Inc.
BUILDING INSPECTOR HINDERMANN: I picked them up yesterday.
SPECIAL ATTORNEY LARK:
Yesterday?
BUILDING INSPECTOR HINDERMANN:
Right.
SPECIAL ATTORNEY LARK: And are those the similar pieces that
were in the photograph which I think is Exhibit VII (b) there?
BUILDING INSPECTOR HINDERMANN: Same type of material.
SPECIAL ATTORNEY LARK: Same type of material?
BUILDING INSPECTOR HINDERMANN: Right.
SPECIAL ATTORNEY LARK: And as I understand your testimony that
which re have marked Exhibit VIII, the material, that has blown
off or come apart and loosened from this tank that you've been
telling the Board about?
BUILDING INSPECTOR HINDERMANN: That's correct.
SPECIAL ATTORNEY LARK: So did you form an opinion as to the
condition of the exterior of the skin of this tank?
BUILDING INSPECTOR HINDERMANN: Yes, I feel that this is only the
beginning of what is yet to come off and unless repairs are made
to prevent further deterioration and secure the material or the
covering that remains there, more of the material will be blown
off into the area with the next high winds.
SPECIAL ATTORNEY LARK: Those pieces that you referred to as the
tubing, (indicating piece of material) tubing, is that correct?
BUILDING INSPECTOR HINDERMAN: TUbing, that is right.
SPECIAL ATTORNEY LARK: Is that what the tank is made of, that
holds the tank together?
BUILDING INSPECTOR HINDERMANN: No, the tank is a regular holding
tank that is constructed of heavy gauge steel and it's welded.
But this framework is then constructed around the tank for the
purpose of holding this metal covering which in turn holds the
insulation in place that insulates the tank for the purpose of
maintaining the heat for the product inside.
SPECIAL ATTORNEY LARK: In essence, that is the jacket of the
tank?
BUILDING INSPECTOR HINDERMANN: Exactly. Part of the insulated
jacket.
SPECIAL ATTORNEY LARK: Is it in your opinion then part of the
structure of the tank?
BUILDING INSPECTOR HINDERMANN: In what sense?
as the tank falling down?
You mean as far
Page 10 - "unsafeaildingS" - No Number Nau.s Drive, Inc.
SPECIAL ATTORNEY LARK: Right.
BUILDING INSPECTOR HINDERMANN: No.
SPECIAL ATTORNEY LARK:
apart---
In other words, if the jacket all comes
BUILDING INSPECTOR HINDERMANN: The tanks would stay there, they'll
stand.
SPECIAL ATTORNEY LARK: But they would be exposed then to the
elements?
BUILDING INSPECTOR HINDERMANN: Exactly.
SPECIAL ATTORNEY LARK: But because this jacket, we'll refer to it
as a jacket, this metal jacket with insulation is attached to the
tank, does that become part of the structure then, in your opinion?
BUILDING INSPECTOR HINDERMANN: Not the tank structure itself but
a part of the structure in that it does serve to help the insulation
of the tanks. As required for an asphalt holding tank.
SPECIAL ATTORNEY LARK: Which is the whole purpose of it being there.
BUILDING INSPECTOR HINDERMANN: That.' s right.
SPECIAL ATTORNEY LARK: Did you make an opinion as to whether it
was unsafe or dangerous, this jacket, then?
BUILDING INSPECTOR HINDERMANN: Yes, if someone were to climb up
on it---or you take the ladders for example. If they are exposed
to the elements the brackets that hold the ladders on will rust up
and could cause to become loose.
SPECIAL ATTORNEY LARK: Are they loose now do you know?
BUILDING INSPECTOR HINDERMANN: On one tank, not on this tank, but
on another tank there is a railing at the top, yes, that has loosened
up.
SPECIAL ATTORNEY LARK: As a result of this process?
BUILDING INSPECTOR HINDERMANN: As a result of deterioration.
SPECIAL ATTORNEY LARK: And did you form an opinion as to whether---
BUILDING INSPECTOR HINDERMANN: I feel that because of the fact that
there is an indication on another tank that the railing has come loose
and these tanks were all installed at the same time, that the ladders
and the railings on this particular tank, there is the possibility that
they are loose too and it would cause a dangerous situation if some-
body should climb up on the ladder. Because the ladders do extend
down to the ground from the top of the tank.
SPECIAL ATTORNEY LARK: And did you recommend any type of corrective
action to the owner?
PAGE 11 - nunsafe.ildingSn - No Number NaUg.s Drive, Inc.
BUILDING INSPECTOR HINDERMANN: Yes. In recommended that the area
of the tank facility area be enclosed with a fence to keep out
trespassers and in the event that trespassers should get over the
fence that they take at least 20 feet off of the bottom section of
the ladder to the tanks and to disconnect any power lines that go
into the facility from the utility poles.
SPECIAL ATTORNEY LARK: What about--do you recommend any repairs
to the tanks themselves?
BUILDING INSPECTOR HINDERMANN: I also recommended the tanks be
repaired, yes.
SPECIAL ATTORNEY LARK: Did you have any recommendation as to how
that was to be done or what was to be done?
BUILDING INSPECTOR HINDERMANN: No. Just that they repair them.
SPECIAL ATTORNEY LARK: Was the purpose of the repair to prevent
further portions of the tank---
BUILDING INSPECTOR HINDERMANN: Further deterioration of the tank.
I wouldn't recommend how they be repaired because you take on the
other tank, the first tank that we had problems with, they didn't
replace the whole section of. insulation on the roof again, because
at the time they didn't feel that they would continue to use the
tanks as they were originally intended for and that they could
possibly do the same thing on this tank where they just make a
repair that was substantial enough to prevent any further deterioration
of the skin or the outer covering on the sides of the tank. What
they did was just put a cap around the edge at the top of the tank
and then they sealed it with masking.
SPECIAL ATTORNEY LARK: Was that satisfactory?
BUILDING INSPECTOR HINDERMANN: That was satisfactory. It's a
band-aide type of repair.
SPECIAL ATTORNEY LARK: But it is satisfactory?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: In other words if I understand you correctly
then, the jacket to the tank which was the subject of your inspection
and the subject of your notice, you determined to be in an unsafe
and dangerous condition, is that correct?
BUILDING INSPECTOR HINDERMANN: That's right.
SPECIAL ATTORNEY LARK: Then you recommended then that it be repaired?
BUILDING INSPECTOR HINDERMANN: Right.
SPECIAL ATTORNEY LARK: And you also recommended certain other
corrective action such as fencing the property and removing ladders
so they wouldn't have easy access to people in the area? Correct?
PAGE 12 - nunsafetildingSn - No Number Naugts Drive, Inc.
BUILDING INSPECTOR HINDERMANN: Yes, for the reason that I've been
down there in the past and I have seen--especially in the summertime
I've seen people on the dock, young children on the dock and on the
beach along the bulkhead area there and I've seen cars parked there
so it's an indication that the premises are being trespassed and
there was also signs of destruction to the building, markings on the
buildings which indicates that somebody is going in there and defacing
the premises.
SPECIAL ATTORNEY LARK: Are you talking about vandalism?
BUILDING INSPECTOR HINDERMANN: Vandalism,right.
SPECIAL ATTORNEY LARK: Grafiti, things of that nature?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: In your conversations with the owner or
the owner's attorney, did they indicate to you that the tanks in
fact were in need of repair and that they intended to do something
about it?
BUILDING INSPECTOR HINDERMANN: They didn't indicate that they needed
repair but they said they would make every effort they could to make
repairs to the tank. And as I stated earlier, they did contact our
office looking for somebody, a name perhaps of someone who had done
a repair to the other tank.
SPECIAL ATTORNEY LARK: Okay, I want to be fair about this, when you
wrote them your letter of January 21, which I think is Exhibit VI
before the Board, you felt that if they came up with some kind of a
timetable that--May 1st, considering the winter and the weather
conditions would be a reasonable time to get everything done, is
that correct?
BUILDING INSPECTOR HINDERMANN: Yes, because they also indicated
in their letter that they had contacted a company for the purpose
of removing the tanks and this would seem to be quite a undertaking
so I thought a request like this, extension to May 1st, was not
unreasonable.
SPECIAL ATTORNEY LARK: But they have never furnished you with an
agreement that they would make these repairs or do something to the
property whether it be fencing or otherwise. They've never given
you any type of a timetable or agreed to do that have they?
BUILDING INSPECTOR HINDERMANN: None.
SPECIAL ATTORNEY LARK: Do you still feel sitting here today on
February 23rd before the Board that May 1 would be a reasonable
time for them to effectuate the security of the perimeter of the
property and to make the necessary repairs?
BUILDING INSPECTOR HINDERMANN: Yes, I do.
SPECIAL ATTORNEY LARK: Now, the Board is going to want to know this,
PAGE 13 - "unsafeerildingS" - No Number Nau~s Drive, Inc.
is there anything there of imminent danger today that could affect
surrounding property or surrounding neighbors in the area with the
conditions that you've testified to the Board?
BUILDING INSPECTOR HINDERMANN: Just from the standpoint of small
fragments of metal that could blow around and possibly--there is
the possibility of danger to property or passing vehicle or anybody
walking along the street even if they weren't on the property.
Because it's light metal, it's aluminum and it can blow if the wind
is strong enough. There aren't any dwellings within several hundred
feet of the facility. There are some dwellings across the street
but in my opinion in my visits to the property I haven't found--
just on the outskirts of the premises that there are small particles
or fragments of metal that had blown beyond the property line.
SPECIAL ATTORNEY LARK: You did find some that had blown beyond the
property line?
BUILDING INSPECTOR HINDERMANN: Right. I found them there on the
adjacent property.
SPECIAL ATTORNEY LARK: Have you received any complaints from the
neighbors in the area of blowing pieces of metal or fragments?
BUILDING INSPECTOR HINDERMANN: The only complaints that were
received were people who called up and said the metal was blowing--
the roof covering was loosened up, but nothing to the point that
metal has been blowing beyond the premises.
SPECIAL ATTORNEY LARK:
told you about, did you
the property?
This metal that had loosened up that people
physically see that when you were there at
BUILDING INSPECTOR HINDERMANN: Yes, I did.
SPECIAL ATTORNEY LARK: Do you have any kind of recommendation
that you've indicated here that something immediately might be
done--what could be done in the very immediate future, not wait
until May I?
BUILDING INSPECTOR HINDERNANN: Oh, remove the top of the tanks and
take off whatever metal is loose. There are pieces that are still
up there that are loose.
SPECIAL ATTORNEY LARK: And that would take care of the immediate
problem?
BUILDING INSPECTOR HINDERMANN:
the repairs to the top such as
just in front of this.
Yes, I would think so, and then make
was done to the other tank which is
SPECIAL ATTORNEY LARK: To your knowledge, are the tanks being used
for the storage of this asphalt material now, or are they empty?
BUILDING INSPECTOR HINDERMANN: The facility is not active, in a
going state, but to my--not my personal knowledge but I have been
PAGE 14 - "unsafe.uildingS" - No Number Naugts Drive, Inc.
told that some tanks do hold product.
SPECIAL ATTORNEY LARK: At the present time?
BUILDING INSPECTOR HINDERMANN: Yes.
SPECIAL ATTORNEY LARK: And it is necessary I understand to keep
it insulated, is that correct?
BUILDING INSPECTOR HINDERMANN: If they want to in the wintertime
or cold weather, if they want to move it, yes, it solidifies. They
have to heat it in order to get it to a state where it will flow.
SPECIAL ATTORNEY LARK: Just for the Board's edification, do they
heat this material that's stored in the tank right in the tank?
Do they have heaters under the tanks?
BUILDING INSPECTOR HINDERMANN: I'm not sure how it's done.
SPECIAL ATTORNEY LARK: I have nothing more. I move that Exhibit I
through VII which I think the Board has there and then Exhibit VIII
which is items of material that the building inspector had picked up
off the property be put into evidence for your consideration. Does
the Board have any questions?
(Letter from P. L. Lamb of Schechter Schechter Lamb & Kenney dated
13 January 1982 to Office of Building Inspector, Attention: Edward
F. Hindermann was previously entered into the record as Town's
Exhibit V.)
(Letter from Edward F. Hindermann, Building & Housing Inspector
dated January 21, 1982 to Schechter Schechter Lamb & Kenney,
Att: P. L. Lamb was previously entered into the record as Town's
Exhibit VI.)
(Two photographs of the tanks and debris on the ground were previously
entered into the record as Town's Exhibits VII(a) and VII(b).)
(Four pieces of material 'debris' was entered into the record as
Town's Exhibit VIII.)
SUPERVISOR PELL: I'd like to go to Mr. Brush--his representative.
Is there anybody here? (No one representing Mr. Brush.)
MR. MIKE CARAFTIS: My name is Mike Caraftis and this is my brother
Charles who has the Mattituck Fish Station.
SUPERVISOR PELL: Right now I want to see if anybody wants--if Mr.
Brush has any representative here that would like to cross examine
the witness. (No response.) There is no one here representing Mr.
Brush that would like to cross examine Building Inspector Mr. Hindermann
while he's on the stand under oath. Mr. Murdock.
COUNCILMAN MURDOCK: Just in clarification, the attorney asked you
if May 1st is satisfactory. Do you feel that the facilities at the
present constitute what I would call an attractive nuisance which
PAGE 15 - nunsafe'UildingSn - No Number Naugts Drive, Inc.
might entice vandalism, that even though you say until the l~t
of May to effectuate these changes that it is recognizing that
this would be an attractive nuisance?
BUILDING INSPECTOR HINDERMANN: Oh, definitely, yes.
SUPERVISOR PELL: Any other Councilmen have anything they would
like to ask? Mr. Townsend.
COUNCILMAN TOWNSEND: Would it be impractical for them to remove
the jacket of steel or whatever it is around the--
BUILDING INSPECTOR HINDERMANN: No, it could be removed, yes.
In order to prevent the tanks from deteriorating further it
should be protected from the elements.
SUPERVISOR PELL: Any other Councilmen have anything?
Mr. Murphy.
COUNCILMAN MURPHY: Ed, the cover on the top of the tank, is that
off?
BUILDING INSPECTOR HINDERMANN: Well, yes, I would say for the
most part. What percentage of the covering is gone, I have no idea.
COUNCILMAN MURPHY: I mean the access into the tank.
BUILDING INSPECTOR HINDERMANN: I have no idea. I haven't been up
on top of that tank, but I would think that it is on, yes.
SUPERVISOR PELL: Mr. Edwards.
JUSTICE EDWARDS: Is there any accumulation of water in the tank
and are they sealed on the top?
BUILDING INSPECTOR HINDERMANN: If the cover is on there would be
no way of water getting into the tanks.
JUSTICE EDWARDS: There is a cover on the top?
BUILDING INSPECTOR HINDERMANN: Yes, a sort of metal cover up there.
SUPERVISOR PELL: Any other Board member have anything they would
like to ask? (No response.) Mr. Hindermann, you may step down.
As this is a hearing and we have people here from the area I will
ask if they would like to make comments at this time?
MIKE CARAFTIS: My name again, is Mike Caraftis and this is my
brother Charles. Maybe some of you are familiar with my brother's
fish station, Mattituck Fish Station down close by the premises.
In the last month or two we have been in contact with Mr. Brush
in the possible purchase of his property. You're talking about the
tanks and we're considering a small station as my brother has
considerable amount of customers and he has no room down here to
place boats and we were considering a small boat storage. If we
go through with the purchase and there are no other problems, of
course the tanks have got to come down. We would take them down.
.
PAGE 16 - nunsafe_ildingSn - No Number Nau~s Drive, Inc.
I just wanted to present this to you and feel out your opinion--
feelings about it--I don't know what the process is---
SUPERVISOR PELL: We will offer no opinions at this time. We are
here--this is a hearing. We will hear what is being offered.
MR. CARAFTIS: I know that you are concerned about the tanks. But
they would certainly be taken down.
COUNCILMAN MURDOCK: You propose to take them down if you acquire
them?
MR. Tu~~SE~~; You have no indication from Mr. Brush that he would
take them down before you acquire?
MR. CARAFTIS: Well, I don't know if it would be practical for him
to go to the expense if he's going to sell the property. There would
be a certain amount of expense on his part to go through that. But
we would have to take them down, that would be number one.
COUNCILMAN MURDOCK: I don't know if you are familiar with the terms
of this hearing and the terms of this law. It is in the province
of this Town Board to order those structures to be removed and the
value of that removal to be placed as a lien on the property. I
am kind of the opinion that Mr. Brush is taking this rather lightly
and I am disturbed that neither he nor his representatives are here,
but as long as you're here as a potential buyer, I think I should
inform you that there is the potential of a lien of substantial
amount being placed on that property. I would like you as a potential
buyer to be apprised of that. I don't know to what extent this Board
is going to act but it is a potential. Those tanks constitute as well
as an eyesore an attractive nuisance. That property has been deter-
iorating and left to deteriorate for years. It is a constant problem
for this Town to have to go through these hearings when a repair is
necessary to be effected. I understand that Mr. Brush only assumed
this property from Mr. Carey. I don't know what their relationship
was before but sooner or later those tanks are going to come down or
are going to be used and put in a state of repair so that they will
not be a burden to this Town and the residents of the area. Whether
it is you who are going to ~ssume this responsibility or whether it
is Mr. Brush. The purpose of this hearing is again, we had had a
hearing before where the repairs were made in another windstorm and
these are getting worse and worse and the situation gets more and
more aggravating for the residents of the Town and I for one intend
to push as hard as I can to make sure Mr. Brush becomes a good
neighbor and cognizant of the fact that he does have a responsibility
to the people in the area and so that there is no doubt I would
assume the stature if you take over the property. I'm not at all
concerned who owns the property, I'm concerned about how the property
is used to the detriment to the Town's people.
SUPERVISOR PELL: Councilman Townsend.
COUNCILMAN TOWNSEND: When did you have in mind consumating this
sale?
PAGE 17 - nunsafe.ui1dingSn - No Number Nau~s Drive, Inc.
MR. CARAFTIS: Very
mention to him that
go to find out.
shortly. That's what he's waiting for. I did
I heard of this hearing and that I was going to
COUNCILMAN TOWNSEND:
agent?
Does he suspect that you are acting as his
MR. CARAFTIS: No, not really, but I know he wants to formulate
this thing very fast, he wants to get it over with. I'm sure he
wants to get out from underneath this burden that he has because
of these tanks. But if we did purchase it we would be working on
this immediately to remove them. That's number one.
COUNCILMAN TOWNSEND: What we cannot do is make any decisions based
on proposed purchase. That's one thing that is probably obvious.
We have to address the present owner and as Mr. Murdock said force
him to do something. It can't based on that, any action that we
take is going to be addressed to him.
SUPERVISOR PELL: Any other member of the Board like to ask anything?
COUNCILMAN MURPHY: Have you got an estimated cost of taking them
down?
MR. CARAFTIS: I'm in the construction business myself and we have
equipment but I'm sura there are demolition crews that would work
on this and take it away just for the metal. If not, we can do it
ourselves.
SUPERVISOR PELL:
(No response.)
Any other Councilmen have anything to add?
Mr. Lark?
SPECIAL ATTORNEY LARK: As I understand it, you were here when Mr.
Hindermann testifed, there's two parts to this tank, the steel part
of the tank which actually holds whatever is inside, the product,
and then this jacket which he referred to which consists of
insulation, aluminum sheathing and steel tubing, is that correct?
MR. CARAFTIS: Yes.
SPECIAL ATTORNEY LARK: Now, with what Mr. Hindermann was testifying
to, these flying fragments, would it be a great expense while this
determination is going on, either to remove these fr"agments or use
some type of masking or something to seal them to prevent--if there
ever was a wind storm--carrying this off to another property?
MR. CARAFTIS: That would be the easiest part, to take that down.
SPECIAL ATTORNEY LARK: That wouldn't involve a big expense?
MR. CARAFTIS: No. That we could, ourselves, do immediately. That
would be the first process, that would all have to come off first.
SPECIAL ATTORNEY LARK: But the ones that are really deteriorating
that he was concerned about in the testimony, how long would that
take to reasonably either to repair it or remove it? A week, ten
days, two weeks or what?
.
.
PAGE 18 - "unsafe&ildingS" - No Number Nau.s Drive, Inc.
MR. CARAFTIS: The maximum of a week.
SPECIAL ATTORNEY LARK: I just wanted to know because as I
stand it taking the tank itself is the larger undertaking.
would have to be cut with torches or something like that.
Thank you.
under-
It
Okay.
SUPERVISOR PELL: Any other members of the Board have anything
they would like to ask? (No response.) Anybody else wish to
address the Board in this hearing?
MR. PETER MAIONE: I live across the street from the tanks and
I'd like to ask Ed about the insulation, what happened to the
insulation? Is that in the environment--blowing allover the
place?
BUILDING INSPECTOR HINDERMANN: Well, scattered around the premises.
MR. MAIONE: Yes, but you can't see anything.
BUILDING INSPECTOR HINDERMANN: No, there are pieces, sections.
MR. MAIONE: But most of it is up in the air sometimes.
BUILDING INSPECTOR HINDERMANN: No, it comes off in chunks. It's
like a rockwool.
MR. MAIONE: I've seen children down there playing on the tanks
and some have taken pieces of the metal away. It's a dangerous
situation and one of the hatch covers only has one bolt on it and
if a kid was to put a match to that I don't know what would happen.
SUPERVISOR PELL: Thank you. Does anybody else wish to address the
Board at this hearing? Mrs. Totora.
MRS. LYDIA TOTORA: Last summer I had gone down to the beach and
when I was coming back up from the beach I saw two boys on the
top of one of the roofs and children have access to it, the ladders
are there and the ladders are in disrepair condition. As long as
they can get up there there is a danger. The other thing is flounder
fishing season is coming up very shortly and at the bulkhead a lot
of people flounder fish and with pieces of metal flying around and
there is also a 12 by 10 area where there is tar, residual tar in
the ground and when it gets warm it melts. I think it is wonderful
if there is a possibility that someone is going to purchase the
terminal but if that should not happen we'd be back to the same
situation allover again therefore I think the Board should do as
Mr. Townsend has suggested and really look at the issue irregardless.
SUPERVISOR PELL: Thank you.
If not, the Board can discuss
the Board. I'd just as leave
Anybody else wish to address the Board?
this now or we can do it later. Upto
do it now.
COUNCILMAN MURDOCK: I think it's too serious a thing to just sit
down and make a five minute determination of how far we would like
to go with this and I would certainly want to sit down and discuss
.
.
PAGE 19 - "unsafettuildingS" - No Number NauAs Drive, Inc.
with counsel our options to make sure that our options are our
options.
SPECIAL ATTORNEY LARK: Okay. Just for the record to sum up. The
owner did have ample notice. In fact the owner's attorney, Mr. Lamb,
did contact my office informing me he was aware of the hearing but he
wasn't going to be here because his principle was away. He also
contacted Mr. Hindermann as to any extensions. Mr. Hindermann did
work out with him and did make a proposal to them as when you review
the evidence in January for a reasonable extension. They've chosen
not to follow that course which has forced it to a hearing today and
I think after hearing the testimony of Mr. Hindermann you may want
to view the site yourself, looking at the evidence and everything,
I think you can make a determination that the jackets on these tanks
or the tanks in question become part of the tank by virtue of its
construction and they are structurally unsafe and dangerous in the
sense of the statute. Mr. Hindermann was quite clear and said the
tank is not going to fall over, the steel tank, but this jacket
covering which bears insulation and which you have as Exhibit VIII,
tubular steel and sheathing is coming off causing a dangerous and
unsafe condition and what concerns, I think, me more than anything
is because there are existing power lines to the place and the place
is not adequately secured with some type of substantial fencing. You
do have the problem'of children in the neighborhood, whether you
want to define them as trespassers or not is really neither here
nor there and of course as you are aware of, have not really put
a burden on children as they would an adult. They do wander on and
it can become an attractive nuisance and since he has done this we
become responsible for it and I think if the Board does make a
determination in the finding, which I think it is in their province
to do, then also a suitable security would have to be provided
forthwith to prevent any future problems there. That's all I have
to say.
SUPERVISOR PELL: If no Councilman has anything to add I will declare
the hearing closed and hope the Board during the Working Session
today can come to a solution and make it known at the 3:00 o'clock
meeting today when we have your regular meeting. Any objections to
that Councilmen? (No response.) Thank you, hearing is closed.
* * *
. t
PAGE 20 - "unsafe&ildingS" - No Number Nau.s Drive, Inc.
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A SPECIAL MEETING HELD ON FEBRUARY 23, 1982:
The Southold Town Board made the following decision on February
23, 1982 in the matter of No Number Naugles Drive, Inc. Unsafe
Building Hearing:
WHEREAS, the Southold Town Board held a hearing at 11:00 A.M.,
February 23, 1982 in the matter of Notice to No Number Naugles
Drive, Inc. pursuant to Chapter 90 of the Code of the Town of
Southold relative to a structure located on the east side of
Naugles Drive, Mattituck, New York, which was determined to be
structurally unsafe and dangerous by Building Inspector Edward
F. Hindermann, now, therefore, be it
RESOLVED that as a result of said hearing on February 23, 1982,
the Southold Town Board agrees with Building Inspector Hindermann
that the tank located on the northwest corner of the premises is
structurally dangerous and as such constitutes a hazard to safety
by reason of inadequate maintenance. In particular the light
metal covering over the insulation on the top and sides has torn
loose. The fasteners holding the metal to the tubular framework
surrounding the structure have loosened. The tubular framework has
deteriorated and therefore the sheet metal fasteners have no
holding power; and be it further
RESOLVED that by March 15, 1982 the following shall be accomplished:
1. Remove or repair all of the skin from the sides and top
of the tank.
2. Remove all pieces of material and debris on the premises.
3. Disconnect the electrical power at the utility pole.
4. Remove the lower 20 feet of the ladder on the tank.
5. Secure all hatches on the tank.
6. All of the above shall be done under the supervision and
to the satisfaction of the building inspector.
7. In the event you fail to accomplish the abovementioned
work by March 15, 1982, the Town shall repair or remove the tank
by whatever means it deems appropriate and assess all costs and
expenses incurred by the Town in connection with the proceedings
to remove or secure, including the cost of actually removing the
tank, against the land on which said tank is located.
* * *
O"J'/~~
t:?'-"?&taL -...-/' ~~/U~
Judi th T. Terry t7' .
Southold Town Clerk
.
.
.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
January 21, 1982
Schechter
Attorneys
Drawer B
Smithtown,
Schechter Lamb & Kenney
at Law
New York 11787
Att:
Re:
P. L. Lamb
No Number Naugles Drive, Inc.
Dear Mr. Lamb:
In reply to your letter of January 15, 1982, I can agree with
the difficulty there might be in finding someone willing to make
the repairs to the tank under the present weather conditions.
Your request to extend compliance to 1 May 1982 seems reason-
able since you indicated that your client is in touch with a firm
who would remove the tanks from the premises.
The repairs to be made to tank was only part of the order
under paragraph C of Notice dated December 30, 1981. It is not
unreasonable to ask that any power lines to facilities be discon-
nected at the utility pole; remove bottom section of ladder on
side of tank and fence property as requested.
For consideration of extending compliance date to May 1, 1982,
kindly prepare, and send to me a time table, outlining a schedule
for compliance of paragraph C of Notice dated December 30, 1981. In-
clude on schedule, the names and addresses of the companies who will
be doing the work. Also include on schedule the dates we can expect
contractors to contact this office for inspections to determine com-
pliance.
Upon receipt of a schedule as outlined above, that is acceptable,
I will have the time and date moved ahead, under paragrph E of Notice,
for a Town Board hearing to coincide with your 1 May 1982 request,
should such hearing be necessary.
'"fZ '";~I
Itya/f. lfi:<<~~
Edward F. Hindermann
Building & Housing Inspector
\
EFH:ec
xc: Town Board
~~ ;r;t/~~ 1/T ~~/r=-<-
,
.
.
SCHECHTER SCHECHTER LAMB & KENNEY
IRVING SCHECHTER
l-lERMAN 5CHECHTEF;t
P. L.LAMB
LAWRENCE M. KENNEY
ATTORNEYS AT LAW
DRAWER G08
SMITHTOWN, NEW YORK 11787
(516) 265 -1700
LYNNE M. GORDON
BRADLEY E. ROCK
PATRICE COWD SHENN
13 January 1982
Town of Southold
Office of Building Inspector
P. O. Box 728
Town Hall
Southold, New York 11971
Attention: Edward F. Hindermann
Building Inspector
Dear Mr. Hindermann:
As you know, we are the attorneys for No Number Naugles Drive, Inc. In that
capacity, your letter of December 30, 1981 has been forwarded to us for our
attention and reply.
Please be advised that our client has attempted to find a repairman who is willing
to make the repairs which you request in your letter of 30 December 1981. To
date, our client has been unable to find any repairman who is willing to make such
repairs during the winter months. Accordingly, our client has been in touch with
a company which has agreed to remove the tanks from their present location some
time during the Spring of this year. In the event the tanks cannot be removed
during the Spring of this year, our client will renew its efforts to procure the
repairs thereof.
This letter does not constitute an agreement by our client that the tanks as presently
maintained constitute a hazard to the safety of the populous of the Town of Southold.
This letter does, however, constitute a request that our client be given untD 1 May
__1982 to make the requested repairs and that a hearing in this matter be delayea--
until such time as our client has had an opportunity to comply with the proposal
set forth in this letter.
Should you have any questions concerning this matter, please contact the undersigned.
Ver
I yours,
P. L. Lamb
PLL:lc
cc: H. Melville Brush
Kenneth Rhodes
.
.
SCHECHTER SCHECHTER LAMB & KENNEY
IRVING SCHECHTER
HERMAN SCHECHTER
P. L. LAMB
LAWRENCE M. KENNEY
ATTORNEYS AT LAW
DRAWER 608
SMITHTOWN, NEW YORK 11787
(516) 265 -1700
LYNNE M. GORDON
BRADLEY E. ROCK
PATRICE DOWD SHENN
13 January 1982
Town of Southold
Office of Building Inspector
P. O. Box 728
Town Hall
Southold, New York 11971
Attention: Edward F. Hindermann
Building Inspector
Dear Mr. Hindermann:
As you know, we are the attorneys for No Number Naugles Drive, Inc. In that
capacity, your letter of December 30, 1981 has been forwarded to us for our
attention and reply.
Please be advised that our client has attempted to find a repairman who is willing
to make the repairs which you request in your letter of 30 December 1981. To
date, our client has been unable to find any repairman who is willing to make such
repairs during the winter months. Accordingly, our client has been in touch with
a company which has agreed to remove the tanks from their present location some
time during the Spring of this year. In the event the tanks cannot be removed
during the Spring of this year, our client will renew its efforts to procure the
repairs thereof.
This letter does not constitute an agreement by our client that the tanks as presently
maintained constitute a hazard to the safety of the populous of the Town of Southold.
This letter does, however, constitute a request that our client be given until 1 May
___.~982 to make the requested repairs and that a hearing in this matter be delayed
until such time as our client has had an opportunity to comply with the proposal
set forth in this letter.
Should you have any questions concerning this matter, please contact the undersigned.
PLL:lc
cc: H. Melville Brush
Kenneth Rhodes
yours,
J~7?--~ C:d~~ ~ ~~-<..? /r ~
.
.
.
- - - - - - - - - - - -x
THE TOWN OF SOUTHOLD
AFFIDAVIT OF SERVICE
BY MAIL & POSTING
against
NO NUMBER NAUGLES DRIVE, INC.
- - - - - - - - - - - - -
-x
STATE OF NEW YORK:
ss. :
COUNTY OF SUFFOLK:
EDWARD F. HINDERMANN, 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 Vanston Road,
Cutchogue, New York.
2. On the 4th day of January, 1982, 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 No Number Naugles Drive, Inc., 8 Teapot Lane,
Smithtown, New York 11787, that being the address designated by
said corporation for that purpose by depositing a true copy of the
same enclosed in a postpaid properly addressed wrapper in an
official depository under the exclusive care and custody of the
United States Postal Service at Southold, New York. Said Notice
Pursuant to Chapter 90 of the Code of the Town of Southold was
mailed to No Number Naugles Drive, Inc. by Certified Mail, Return
Receipt Requested.
3. On January 4, 1982, 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
----3/-~~~ C~~-C JE.. c.;/.Q ..vt'~
.
.
.
.
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 30, 1981
TO: No Number Naugles Drive, Inc.
8 Teapot Lane
Smithtown, New York 11787
A. The last Assessment Roll of the Town of Southold shows
that you are the owner of the following described
premises:
ALL that certain plot, piece or parcel of land,
situate, lying and being at Mattituck, Town of
Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a monument on the northerly side of
Naugles Drive where the said northerly side of Naugles
Drive is intersected by the westerly line of land of
William Troyan; thence North 210 33' 00" West, along
the said last mentioned land, 361.60 feet to the
ordinary high water mark of Mattituck Inlet; thence
along the ordinary high water mark of Mattituck Inlet
as measured by the following tie line course and dis-
tance, South 770 38' 50" West, 202.20 feet to the land
of J. A. Q. Ward Estate; thence South 210 33' 00" East,
along the last mentioned land, 387.98 feet to the north-
erly side of Naugles Drive; thence North 700 09' 10"
East, along the northerly side of Naugles Drive, 199.69
feet to the point or place of BEGINNING.
Suffolk County Tax Map Designation: District 1000,
Section 99, Block 4, Lot 3.
B. The tank located on the northwest corner of the premises
is structurally dangerous and as such constitutes a hazard
to safety by reason of inadequate maintenance. In particular
the light metal covering over the insulation on the top and
side has torn loose. The fasteners holding the metal to the
tubular framework surrounding the structure have loosened.
The tubular framing has deteriorated and therefore the sheet
metal fasteners have no holding power.
017~~)7/ 7~/?~
~~..../
.".r
."
.
.
.
C. You are hereby ordered to: Fasten the light metal
covering over the. insulation on the top and side of
the tank; fasten any loose metal; repair tubular
framing to prevent further deterioration; remove
bottom 20 feet of the ladder on the side of tank;
shut off all power lines at the utility pole; and
enclose the perimeter of the property with a fence
suitable to prevent intruders.
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 11:00 o'clock on February 23, 1982.
F. If the Southold Town Board after the aforementioned
hearing shall determine the condition of the tank is
dangerous to the public, the Southold Town Board may
order the repair of the tank.
G. In the event the condition of the tank shall be deter-
mined by the Southold Town Board to be dangerous and in
the event of your neglect or refusal to correct same
within the time provided, the Southold Town Board may
correct such condition by whatever means it deems
appropraiate and assess all costs and expenses incurred
by the Town of Southold in connection with the proceedings
to correct same against the and on which the tank is .
located.
.
,-
-.-
.
'fO .r.. ..
1
, ...
,.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
December 9, 1981
No Number Naugles Drive, Inc.
8 Teapot Lane
Smithtown, New York 11787
Attention: Howard Mellville Brush
He: Asphalt tank facilities
515 Naugles Drive, Mattituck, NY
Dear Mr. Brush:
This is to confirm the telephone conversation we had this
morning regarding the condition of one of the tank structures at
this facility.
As I mentioned to you, the tall tank on the northwest corner
of premises is in need of repair.
The light metal covering over the insulation on the top and
side has torn loose as a result of the strong winds we have had.
It appears that the fasteners holding the metal to the tubular
frame work, surrounding the structure, have loosened. I have no-
ticed the tubular framing is deteriorating and therefore the sheet
metal fasteners have no holding power.
You have no doubt seen the repair made to the smaller tank.
The same problem occurred to this tank and the top covering was
removed and repairs were made to prevent side coverings from being
torn off.
As I mentioned to you, surrounding property and residents in
this area are subject to physical damage from the metal fragments
being torn loose by the high winds, therefore, it is imperative
that repair be made without delay.
While this condition exists the premises are in violation of
the "Unsafe Buildings and Collapsed Structures Law of the Town of
Southold", and are subject to enforcement under this law.
It would be advisable to post property along all boundaries
to discourage trespassing and see that signs are maintained.
0/J?~~ C~ :zr-~~~
-\'. ~. ~.,
.
.
._..".~-
.....:...>?>.,
Page 2
I am dating this notice ahead to December 23, 1981; if for
some reason repairs can not be made by this date please contact
our office and advise.
YO~s, tAl
&bC/fl;y.~(UutL[j.4U"--
/,
Edward F. Hindermann
Building Inspector
EFH:ec
xc Town Board
'~:'~!\:-.;~':~'''' :-
h ,- ,
f .."1 '..
.. ~. .
"
.
.
.
H. MELVILLE BRUSH
8 TEAPOT LANE
SMITHTOWN. NEW YORK 11787
(l516) 285~1788
December 11, 1981
Town of Southold
Office of Building lnspector
1'.0. Box 728
Town Hall
Southold, N.Y. 11971
Att: hdward F. Hindermann
Dear Nr. lIindermann:
I have received your letter of December 9, calling attention
to loose metal on one tank, i~' the northwest corner, the
result of strong winds blowing this week. I have arranged
for the posting of signs reading, 'lili~P OUT I I NO Tii.E:Sl'AS;:iING I
I DANGER'.
Due to the fact that 1'm recuperating from major surgery,
under doctors orders, 1'm having your letter of notice,
re; the tanks, delivered to the corl'oration attorney, Mr.
l)aul Lamb.
Any le.ters you write after this date to No Number Naugles
urive,lnc. please address them to the firm of Schechter,
Schechter, Lamb and ~ney, Drawer 608, Smithtown, N.Y.
11 787.
/
Y?y truly, 1...0 ;J /
~~~,/I/~
<
Howard N. Brush
'26:;=-/700
/
',.-. . ;-'#..:.::..-'-..,,',. .'
.~4~";"" ",~
>_..i':,...'.....-;..,,,:\.!..;:..:,;.;~::.'r:.::,,--, --Z!;;.i,"
'. ,..:..,;~:!.;7~;~-:".;,.. : -.: "
.
. ~ .,..-,....~:..-." "."
. ," ..,_,..._:"_~ "'_""'.........._."~.., . '.._A< .:": 0;', .r'" ""'.><"", .."_'.....,,,.'" .... '. <"../_.._.~.",__, -;--j. ,,,., ,~",,, ;~"-:' .,-: :' '. .,. ., '. ',:; 0' ' .
(' ~./d,-t ~,
f ~~._~/#7'
,
i
f
I
,
-' zl F/h.., Z."$o /!l'tL.
.--'--~
-'..'...... ""-" a" .. -'.. . .
'.. ~;;p~~ ~ ~
.. ~.-..J/-~ ~1- ~7/'~d
.. ~h~ ~:;:;~. . .". . ,
_. _.'U ___
,.'~~ d 2;5dr~.,U/2u/ ~
.- . ..~ / tfj ~ I' /2Jt' ..~
--' .'" '!tf~ ~A/~~
."'.. ..;t ~ ij 7';;/ (f7-<-
--.., .......~ ~ L ~
.~~~R.L~~.~i. /~
.~~4
Iv/c;/Pt.. ~ .w~ ~ ~L
. 7 cf ~ 4L<-^; ~~t 7ir.
,~t:pU ~ ~~? z~
." ~~ I t)~.;, ;:t ~ c!2
. r. ~. ~ t7 -. tf
~~h~~~/
:.~~ rJL' ~- Z6~-/7?r)
.,"';~-...',...:..'.'~.~.
<,('~e#;, '. ~ / L/J ~~ T ~/~.3 /j?d:Z
'4:*t~.,'----,._._.-i[..<..-:Ltf1uf':?k:g....~~.- .._9'L.:", z '. "-' .
,-<._:_..':<t;,~:::,,;:.
,..,'......, I
:'.'n:;:>;. _:'::'/~""" -.::., _~ _~__~,___.~~.._,..~__~._".._ _~_"_~_'.~"""'_'_<
.
.
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
January 21, 1982
Schechter
Attorneys
Drawer B
Smithtown,
Schechter Lamb & Kenney
at Law
New York 11787
Att:
He:
P. L. Lamb
No Number Naugles Drive, Inc.
Dear Mr. Lamb:
In reply to your letter of January 15, 1982, I can agree with
the difficulty there might be in finding someone willing to make
the repairs to the tank under the present weather conditions.
Your request to extend compliance to 1 May 1982 seems reason-
able since you indicated that your client is in touch with a firm
who would remove the tanks from the premises.
The repairs to be made to tank was only part of the order
under paragraph C of Notice dated December 30, 1981. It is not
unreasonable to ask that any power lines to facilities be discon-
nected at the utility pole; remove bottom section of ladder on
side of tank and fence property as requested.
For consideration of extending compliance date to May 1, 1982,
kindly prepare, and send to me a time table, outlining a schedule
for compliance of paragraph C of Notice dated December 30, 1981. In-
clude on schedule, the names and addresses of the companies who will
be doing the work. Also include on schedule the dates we can expect
contractors to contact this office for inspections to determine com-
pliance.
Upon receipt of a schedule as outlined above, that is acceptable,
I will have the time and date moved ahead, under paragrph E of Notice,
for a Town Board hearing to coincide with your 1 May 1982 request,
should such hearing be necessary.
'or;; Ce"" :I
Jf2jd C/kJvUd~
Edward F. Hindermann
Building & Housing Inspector
EFH:ec
xc: Town Board
.
.
SCHECHTER SCHECHTER LAMB & KENNEY
IRVING SCHECHTER
HERMAN SCHECI-lTER
P. L. LAMB
LAWRENCE M. KENNEY
ATTORNEYS AT LAW
DRAWER 608
SMITHTOWN, NEW YORK 11787
(516) 265 -1700
LYNNE M. GORDON
BRADLEY E. ROCK
PATFUCE OOWO SHENN
13 January 1982
Town of Southold
Office of Building Inspector
P. O. Box 728
Town Hall
Southold, New York 11971
Attention: Edward F. Hindermann
Building Inspector
Dear Mr. Hindermann:
As you know, we are the attorneys for No Number Naugles Drive, Inc. In that
capacity, your letter of December 30, 1981 has been forwarded to us for our
attention and reply.
Please be advised that our client has attempted to find a repairman who is willing
to make the repairs which you request in your letter of 30 December 1981. To
date, our client has been unable to find any repairman who is willing to make such
repairs during the winter months. Accordingly, our client has been in touch with
a company which has agreed to remove the tanks from their present location some
time during the Spring of this year. In the event the tanks cannot be removed
during the Spring of this year, our client will renew its efforts to procure the
repairs thereof.
This letter does not constitute an agreement by our client that the tanks as presently
maintained constitute a hazard to the safety of the populous of the Town of Southold.
This letter does, however, constitute a request that our client be given until 1 May
___1982 to make the requested repairs and that a hearing in this matter be delayed -
until such time as our client has had an opportunity to comply with the proposal
set forth in this letter.
Should you have any questions concerning this matter, please contact the undersigned.
Ver
, yours,
P. L. Lamb
PLL:lc
cc: H. Melville Brush
Kenneth Rhodes
.
.
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 30, 1981
TO: No Number Naugles Drive, Inc.
8 Teapot Lane
Smithtown, New York 11787
A. The last Assessment Roll of the Town of Southold shows
that you are the owner of the following described
premises:
ALL that certain plot, piece or parcel of land,
situate, lying and being at Mattituck, Town of
Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a monument on the northerly side of
Naugles Drive where the said northerly side of Naugles
Drive is intersected by the westerly line of land of
William Troyan; thence North 210 33' 00" West, along
the said last mentioned land, 361.60 feet to the
ordinary high water mark of Mattituck Inlet; thence
along the ordinary high water mark of Mattituck Inlet
as measured by the following tie line course and dis-
tance, South 770 38' 50" West, 202.20 feet to the land
of J. A. Q. Ward Estate; thence South 2P 33' 00" East,
along the last mentioned land, 387.98 feet to the north-
erly side of Naugles Drive; thence North 700 09' 10"
East, along the northerly side of Naugles Drive, 199.69
feet to the point or place of BEGINNING.
Suffolk County Tax Map Designation: District 1000,
Section 99, Block 4, Lot 3.
B. The tank located on the northwest corner of the premises
is structurally dangerous and as such constitutes a hazard
to safety by reason of inadequate maintenance. In particular
the light metal covering over the insulation on the top and
side has torn loose. The fasteners holding the metal to the
tubular framework surrounding the structure have loosened.
The tubular framing has deteriorated and therefore the sheet
metal fasteners have no holding power.
J
...,ij/
.
.
c. You are hereby ordered to: Fasten the light metal
covering over the insulation on the top and side of
the tank; fasten any loose metal; repair tubular
framing to prevent further deterioration; remove
bottom 20 feet of the ladder on the side of tank;
shut off all power lines at the utility pole; and
enclose the perimeter of the property with a fence
suitable to prevent intruders.
D. The above work shall commence ~ithin 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 11:00 o'clock on February 23, 1982.
F. If the Southold Town Board after the aforementioned
hearing shall determine the condition of the tank is
dangerous to the public, the Southold Town Board may
order the repair of the tank.
G. In the event the condition of the tank shall be deter-
mined by the Southold Town Board to be dangerous and in
the event of your neglect or refusal to correct same
within the time provided, the Southold Town Board may
correct such condition by whatever means it deems
appropraiate and assess all costs and expenses incurred
by the Town of Southold in connection with the proceedings
to correct same against the and on which the tank is
located.
.--~-..., -~-.._.
, '-;"
'V
?
or
./
,~;'JI"r
f ~', 'I I
"- ~,
'J
",
"
.
"
,
, "
,
h,
''\ \
-~~.~ '
"
-",,~O
,/''1'
,./
1/,
,/ t
('U' ,-
4)1
f/
, l{;-~-
,..:'t" ~.,.
..... '-;
.
or.....;.'..
,
,\
'"J,:?
','
I
, '
"
"",\
,
.
,
/
'\ '\ \
\ >>- \
'V'
,,,u
',"
1-''>-
.Q~..
" ~
r
,
/
...
",-.t'"''
.
'.j,..,
,)
'(" '1 ('
.;::.) <, "-- '<
(') )....) "
"'-s. 'v -<)., I
~ ~. /
1, /,.
o ""j
1r ~.
"
,
.
>- '.
~
.e
,
\\'l
,)
<ft'
"
.,.'
.
",
... (,
'C'." ~..,
"
0,
f
"J'
"f?-.''"
',~' '.
\.
Sf
~""
,// -'.)
/ .
..0 '.
,,'"
..(7J
</ \
'\
1
1" '
, .
\.\ ~~
.' r
\\ ~
~.
\,
"
'\,
>1
C\<>-'
l':J b'
"t<,-,.(
.
\,ll,QC'
':;%"'.....
v'
'r:
(;)
\r",
'.
\.
,
\
/-1/
I
....
>lJ\
->1':;
~.
~,~' f\
,
\
\
;;\
'.,
..\;
~. \
') .
"
,J,U
<,!!
,
<$
/
/
.
\
",'"
\,0
\\\
'.\
'. \' (\J.,'" ~
'.)\(,\ ",,::'
,/\~\ '. ~J
~ '>. \;~ ?-'
., \ \j' ~
:" 'J'\ At{'
1('-* \"" -
tr '" \\ . .,1../
<\,' \' \ 1.'/
'\. .$f ~~Y::
.~~(.... ,~
~q \ ~
I" c\fk\:t<
\~ \ .,. \ 't
... :\ )' \ -
,A-j 'V \ \
:\' ,
~ ~"'
I'
\,
0~
')
.,
~
'?
:,
'\
~,
".j"
"I
\ \,