HomeMy WebLinkAboutReese, Harold & Frederick (Mallard Inn)
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
Fe bruary 19, 1982
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Southold Town Board
Town of Southold
Town Hall
Southold, N.Y. 11971
Re: Unsafe Buildings, Chapter 90
Gentlemen:
This is to report the status of the buildings wh~ch were
in violation of the Unsafe Buildings Ordinance, Chapter 90.
Nicholas Schick (Orient Point Inn). Area has been cleared,
fence erected. Building has not been shored up yet.
Harold Reese & Frederick Reese (Mallard Inn). Some win-
dows have been boarded up. Porch has not been cleared away or
shored up yet.
I do not approve of the way that the windows are boarded up.
Mattituck Shores Association, dwelling on Oregon Road &
building on Sound View Avenue.
Both of these buildings have been removed to my satisfaction.
Anastasios Parianos (cellar hole, Sigsbee Road). Area has
been fenced in and he has applied to us for a Building Permit
to build a new dwelling.
Simeone & Macari (burned out dwelling, Bergen Avenue).
Building has been removed and cellar area filled in.
Cutchogue Joint Venture, Main Rd., Cutchogue. Heard from
Mr. Kessler and he requested a 30 day extension of this order.
Yesterday I received a phone call from a Mr. Barry D. Pincus.
He informed me that Serpentine Real Estate Corp. had just pur-
chased the property. They (Serpentine R. E. Corp.) requested
an extension of time. I granted them until 11:00 o'clock,
April 20, 1982. I have enclosed their letter which explains
the situation.
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RECEIVED
f.EB 1 9 1982
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Illlm Clerk ~outhold TOHn Board
2/19/82
Unsafe Buildings, Chap. 90
Page 2
Marlake Associates (unsafe dHelling, North Road, Cutchoguel.
I have been in touch Hith a Mr. I. S. Friedman of Marlake Asso-
ciates. He said that the problem will be taken care of. The
dwelling has been sold and will be moved away by mid April.
I gave them until 11:15 o'clock A.M., April 20, 1982 to accomp-
lish this. A letter in regard to this is enclosed.
Very truly yours,
e~t;;; %-( ?I/l-~
Curtis W. Horton
Building Inspector
CWH:ec
Enclosures
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The Southold Town Board made the following decision on January 19,
1982 in the matter of Harold Reese & Frederick Reese, Unsafe Building
Hearing:
WHEREAS, the Southold Town Board held a hearing at 11:00 A.M.,
January 19, 1982 in the matter of Notice to Harold Reese and Frederick
Reese pursuant to Chapter 90 of the Code of the Town of Southold
relative to a structure located on the southerly side of Main (State)
Road, East Marion, New York, which was determined to be structurally
unsafe and dangerous by Building Inspector Curtis W. Horton, now,
therefore, be it
RESOLVED that as a result of said hearing on January 19, 1982, the
Southold Town Board agrees with Building Inspector Horton that the
structure owned by Harold Reese and Frederick Reese on the south
side of Main (State) Road, East Marion, New York is structurally
unsafe and dangerous and as such constitutes a hazard to safety by
reason of inadequate maintenance, dilapidation and abandonment. In
particular the roof was completely destroyed by fire, windows and
doors have been removed, the interior of the building is basically
gutted, and the exterior walls are in disrepair and unsafe, and
be it further
RESOLVED that within 30 days from the date of the hearing, January
19, 1982, the doors and windows of the building must be boarded up
and the porches must be shored up and made safe or removed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
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HEARING
SOUTHOLD TOWN BOARD
11:00 A.M., TUESDAY, JANUARY 19, 1982, PURSUANT TO CHAPTER 90 OF THE
CODE OF THE TOWN OF SOUTHOLD, "UNSAFE BUILDINGS", RE: HAROLD REESE
AND FREDERICK REESE.
Present:
Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Special Attorney Richard F. Lark
SUPERVISOR PELL: This hearing is called today, January 19th at
11:00 A.M. against Mr. Frederick Reese and Harold Reese by the
Town of Southold. Mr. Reese was in yesterday and said he would
have Mr. Hudson represent him at this hearing today. Dick Lark
will represent the Town. Mr. Lark.
SPECIAL ATTORNEY LARK:
I call Building Inspector Curtis Horton.
SUPERVISOR PELL: Mr. Horton, please raise your right hand. Do
you swear that the test,imony you are about to give will be the
whole truth and nothing but the truth so help you God?
MR. CURTIS HORTON: I do.
SUPERVISOR PELL: Have a seat, please. Mr. Lark.
SPECIAL ATTORNEY LARK: For the record will you give your name
and address, Mr. Horton.
MR. HORTON:
Cutchogue.
My name is Curtis Horton and I reside at Mason Drive,
I am a building inspector for the Town of Southold.
SPECIAL ATTORNEY LARK: How long have you been employed as a building
inspector?
MR. HORTON: Three years and seven months.
SPECIAL ATTORNEY LARK: And prior to that time would you tell the
Board what you did.
MR. HORTON: Builder and contractor since 1946.
SPECIAL ATTORNEY LARK: And in your capacity as a building inspector,
did you have occasion to inspect premises formerly known as the Mallard
Inn on Main Road, East Marion, New York?
MR. HORTON: Yes, I did.
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SPECIAL ATTORNEY LARK: Could you tell the Board when you first
did your inspection and the occasion thereof.
MR. HORTON: On December 18, 1981.
SPECIAL ATTORNEY LARK:
Is that the first time you did an inspection?
MR. HORTON: No, I'd been there several times previous to that.
SPECIAL ATTORNEY LARK: And on December 18, 1981 you did an inspection
of the premises known as the Mallard Inn?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: And could you tell the Board what you found
when you did the inspection on that date?
MR. HORTON: I found a building that was sadly beyond repair I call
it. The roof was gone, the front section, walls, holes in the walls,
ceilings down, ceiling joists broke, holes everywhere, doors all
removed or of there. People had been wandering around in there
and there were paths throughout the whole property where they were
walking in and out the building. All the porches had collapsed and
the front section the floor joists all gone underneath the porches
and the underpinnings gone from underneath the porches.
SPECIAL ATTORNEY LARK:
make a determination as
safe or dangerous?
And as a result of your inspection did you
to whether or not the building was structurally
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: And what was that result?
MR. HORTON:
I posted the building and sent notice---
SPECIAL ATTORNEY LARK: Did you come to a conclusion as to whether
the building was unsafe and---
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: And what was that conclusion?
MR. HORTON: That this building was unsafe and needed to be boarded
up and provisions made so people couldn't be accessible to this
building, or it be torn down.
SPECIAL ATTORNEY LARK: And in your capacity as building inspector
did you so notify the owner of the property?
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: Who is the owner of the property?
MR. HORTON:
Harold Reese and others.
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PAGE 3 - HAROLD ~SE & FREDERICK REESE, UNJltE BUILDING HEARING
SPECIAL ATTORNEY LARK: And how did you make that determination?
MR. HORTON:
By checking out the tax rolls.
SPECIAL ATTORNEY LARK: I show you a Notice dated December 18, 1981,
along with an Affidavit of Service By Mail & Posting, and could you
tell me if that was the Notice you sent to the owners which I believe
you have designated as Harold Reese and Frederick Reese?
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: Are those addresses there taken from the tax
rolls of the Town of Southold?
MR. HORTON: Correct.
SPECIAL ATTORNEY LARK: Did you cause this Notice to be sent to them?
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: Did you also cause the property to be posted?
MR. HORTON: Yes, I did.
(Notice Pursuant to Chapter 90 of the Code of the Town of Southold,
dated December 18, 1981, to Harold Reese and Federick Reese was entered
into the record as the Town's Exhibit I.)
(Affidavit of Service by Mail & Posting, The Town of Southold against
Harold Reese and Frederick Reese, sworn to on the 31st day of December,
1981 was entered into the record as the Town's Exhibit II.)
SPECIAL ATTORNEY LARK: And on your inspection of December 18th did
you have occasion to take any pictures of the property while you were
down there?
MR. HORTON: Yes, I did.
SPECIAL ATTORNEY LARK: Do you have those pictures with you taken on
December 18th?
MR. HORTON: Yes, I do.
SPECIAL ATTORNEY LARK:
various elevations and
you on December 18th?
I have three pictures which you have denoted
exposures. Are these the pictures taken by
MR. HORTON: Yes, they are.
SPECIAL ATTORNEY LARK: And do they fairly and accurately represent
what was depicted therein?
MR. HORTON: Yes, they do.
(Three pictures, east side, front, s.e. corner Bayside, taken by
Building Inspector Horton on December 18, 1981 were entered into the
record as the Town's Exhibit III.)
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PAGE 4 - HAROLD ~SE & FREDERICK REESE, UN~E BUILDING HEARING
SPECIAL ATTORNEY LARK: After you did your inspection, posted the
property and sent out your notice, did you have occasion to talk
with any of the--either one or both of the owners of the property?
MR. HORTON: I've seen one of them throughout the building but he's
never talked to me about it. I understand he's been in the Building
Department but not to me personally.
SPECIAL ATTORNEY LARK: You haven't talked to either of the owners?
MR. HORTON: No.
SPECIAL ATTORNEY LARK: Has anybody approached you as to what they
were going to do in compliance with your notice or noncompliance
thereof?
MR. HORTON: I was told, this is strictly being told, that they were
preparing to tear off the second story and try to rebuild it.
SPECIAL ATTORNEY LARK: Has anything been done since the date of
your notice, to your knowledge?
MR. HORTON: Nothing.
SPECIAL ATTORNEY LARK: Have you been back to the property since
December 18th?
MR. HORTON: Yes, I have been back several times. The last time I
was there was yesterday afternoon. I spent over two and a half hours.
SPECIAL ATTORNEY LARK: And during your course of your visit to the
property yesterday afternoon, had anything been done in compliance
with your notice?
MR. HORTON: No, the only thing I noticed was tracks leading inside
the building and throughout the building.
SPECIAL ATTORNEY LARK:
I'm sorry, what kind of tracks?
MR. HORTON: Foot tracks, foot steps.
SPECIAL ATTORNEY LARK: And did you cause pictures to be taken
yesterday?
MR. HORTON: Yes, I did. I took several pictures.
SPECIAL ATTORNEY LARK: And do you have those pictures with you?
MR. HORTON: Yes, sir.
SPECIAL ATTORNEY LARK: I show you a series of nine pictures. Are
those the pictures you took yesterday?
MR. HORTON:
I ran out of
to the site.
Yes, I took them at various times yesterday afternoon.
film and had to return and get more film and go back
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PAGE 5 - HAROLD ~SE & FREDERICK REESE, UN~E BUILDING HEARING
SPECIAL ATTORNEY LARK: And those pictures depict the building we
are talking about here, formerly known as the Mallard Inn?
MR. HORTON:
Yes, they do.
SPECIAL ATTORNEY LARK: And do they fairly and accurately represent
what they portray in the pictures?
MR. HORTON: Yes.
(Ten photographs of interior and exterior of the property of Harold
Reese & Frederick Reese, known as the former Mallard Inn, taken on
January 18, 1982 by Building Inspector Curtis Horton, were entered
into the record as the Town's Exhibit IV.)
SPECIAL ATTORNEY LARK: Mr. Horton, we now have presented to the
Board your Notice and the pictures and so on and so forth. Could
you tell the Board, in your opinion, as to exactly why now you feel
this building is unsafe or dangerous, and I want you to be specific
about it.
MR. HORTON: Well, there's no question about this building being
unsafe. It seems like it's an attraction. Everyone seems to want
to take something out of it. When you look at the pictures there,
there's one picture there of the southeast corner, I believe, where
the porch is hanging there, one section, there is no pillar ten foot
in either direction to hold the corner and that is ready to collapse.
The same thing is true on the other part of the porch and if you look
inside this building there is a section there the ceiling is ready---
it's ready any time to come down on top of somebody. The same through-
out the whole building. There have been signs in the past, I don't
know how many years ago, of this building being possibly boarded up.
There was some plywood nailed on over various windows, some homosote
and like that. Very poorly done, by the way. not what I would call
a boarded up building. Right now there is beams in the porch, the
whole porch is liable to fall. Inside the building there is whole
sections, it's getting worse and worse. There's one section in there,
looking from the living room--what I call the living room, looking
through the side entrance, the whole ceiling , you can see it in
one of the pictures.
SPECIAL ATTORNEY LARK: What side would that be?
MR. HORTON: That would be the east entrance side.
SPECIAL ATTORNEY LARK: The east entrance side?
MR. HORTON:
Yes.
SPECIAL ATTORNEY LARK:
described and what the
building?
That generally, what you just verbally
pictures show describe the condition of this
MR. HORTON: Yes.
SPECIAL ATTORNEY LARK: And is the property in any way secured, either
by a perimeter fence or any other type of security to prevent intruders
, PAGE 6 - HAROLD aSE & FREDERICK REESE, UNS& BUILDING HEARING
or third parties from coming in and out?
MR. HORTON: The only thing it has is a sign on the front porch--
danger and like that, stay away, call the Southold Town Police or
the owner. That is all I see. There's no fence, no nothing.
SPECIAL ATTORNEY LARK: And therefore in your opinion you feel that
this structure is structurally unsafe and dangerous and does constitute
a hazard to safety?
MR. HORTON: Definitely.
SPECIAL ATTORNEY LARK:
I have no further questions at this time.
SUPERVISOR PELL: Thank you. Mr. Hudson, would you like to ask Mr.
Horton any questions?
MR. REGINALD HUDSON: No, I don't care. I'll just dispute a lot of
things he said when I get on the stand.
SUPERVISOR PELL: Thank you. Mr. Horton, you may step down.
MR. HUDSON: Do you want me to qualify myself as an expert?
SUPERVISOR PELL: First of all, would you raise your right hand.
Do you solemnly swear that the testimony that you are about to give
will be the whole truth and nothing but the truth so help you God?
MR. HUDSON: I do.
SUPERVISOR PELL: Have a seat.
MR. HUDSON: I have probably been identified with the building
industry for probably a lot longer than Mr. Horton. I studied
architecture at the University of Virginia. I was with Armor
Company for seventeen years. I was a consultant to Warehouse
Timber Co. I went to lumber school in Canada and a lot of other
projects. I built and been involved in a lot of the buildings in
Greenport. W. P. Grant, post office shopping Center, my own build-
ing and a lot of others. Now, I'll take first things first. The
reason I'm here, Mr. Reese couldn't get here today. He was here
yesterday and he asked me if I would do it. I suggested his lawyer
should do it, but his lawyer is the Town Attorney and thought it
would be a conflict of interest and he asked me would I come. That's
why I'm here, but I'm glad I came for this reason: The property down
there, all Mr. Reese wanted was an extension of time. At the present
time we're in the process--in fact we sold it twice--the third time
Lawyer Tasker is drawing contracts for these third people that wanted
the place. Now, we've been through this trouble, in fact when some
of the people were here talking, people give so damn much advice--
he said, "Well, they've been trying to sell it for twenty-five years".
That's no concern of anybody up here, how long they've been trying to
sell it. They should give the information that they require here and
not give any other criticism on the thing. So now we wouldn't go to
this trouble because it reflects on our organization but we've been
doing a lot of work on that. First of all the Mallard was a hotel
at one time and the cesspools there we had to check the cesspools and
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HAROLD ~SE & FREDERICK REESE, UN"'E BUILDING HEARING
the cesspools were basically alright, for a hotel maybe they couldn't.
Now, the well driven there, and tested, we did in the summertime when
the thing was real low and it can be treated. The Culligan people
says there's ways it can be done and they would have water. Now, we
did all these things for these people and the next thing was the
structure. Now, I went through---those pictures--you know they say
pictures don't lie, but maybe liars can make pictures, I don't know.
But the whole thing is this, the roof structure that he talked about
and shows a picture there, evidentially kids got in there. But I'm
glad it's open and people can get in there. But the kids went in
there and the front part of the build they were smoking up there and
burnt part of the roof off. But you don't have to tear the whole
second story off. You just got to fix that roof. Now, this is what
we would call in the real estate business is a homeowners special.
The people like to go in and spend their time fixing the place up.
Now, before I let anybody get involved in this I went through with
a hammer and sounded that place out with a hammer. Sheetrock---
there's old sheetrock that maybe coming down. In other words the
fellow could go in there and put up sheetrock and it could be fixed,
it's salvagable. And I'm interested in that point of view because
I'm on the school board and I know we got to get more stuff on the
tax rolls because if you don't you don't have any money coming in to
pay salaries on some of these things. Now, on top of that we went to
the book about tidal wave ordinance. We had Van Tuyl come down-- these
things all take time-- and it will qualify within a couple of inches
of the tide water, whatever the heck they call it. Then on top of
that we had an engineers report on the building, and he says the
building is good. He says there's no rot in the thing to anything,
because it's all been open where the windows were out it's been open
so air circulates through,it's just discolored a little bit like a
an old weathered barn board but it's solid. There's certain things
you have to do. One of the things and why he wants time is where it's
under process of maybe being sold, why do the same thing he keeps telling
about with plywood and stuff nailed on there. He did the same thing
in Greenport and three-four months later it's down. People steal the
damn stuff off and take it home and make a dog house out of it or
something else. So the idea was to get an extension of time because
the contract was being drawn, so the new owners, if they went in there
they would probably put new windows in there which in itself would
show people something was being done and they'd stay away from the
house. It's a beautiful house inside. There's a beautiful white
stone fireplace there and if you have any architectural training
it would be very easy how that house could be fixed up. But an
engineering report has been given and if he's down the hall you can
have him come in here, but I didn't know you was going like a big
court, I just come up here for Mr. Reese and asked for an extension.
I see where you give one to Orient Point Inn for what six months or
something like that. So if he got about a three month extension then
something maybe could be done there, but now we don't know whether
or what's going to happen with this contract we have with the people--
maybe they're going to back down because last time we had to have
architect's drawings and all, well you know a guy with a homeowner's
special. He's going to go in and do a lot of the work himself. Now,
that's the story and I'd like, on behalf of Mr. Reese, to maybe get
an extension of at least three months. Now, speaking of fence. It
hasn't got a fence. We've got the best damn fence there is in
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Southold Town,
all around it.
little bit and
rest my case.
and Joe lives across the street, it's all poison ivy
If a kid don't go out and wade down the stream a
come in the back way he won't get in there. So I
SUPERVISOR PELL: Mr. Lark.
SPECIAL ATTORNEY LARK: I have a few questions of Mr. Hudson. Do
you have a degree in architecture?
MR. HUDSON: I didn't say that. I said I had architectural training.
I worked for the Fleet Lumber Company for seventeen years.
SPECIAL ATTORNEY LARK: I didn't ask you that,Mr. Hudson, I just asked
if you had a degree in architecture. Just try to confine yourself to
the answers to the questions. You say you represent the owners, Mr.
Reese?
MR. HUDSON: He asked me to come here and ask for an extension of time.
Not to prove whether someone's right or someone's wrong.
SPECIAL ATTORNEY LARK: Then you don't deny the building is in---
MR. HUDSON: It needs work, yes. Some new windows, if you want me
to tell you what it needs I'll tell you.
SPECIAL ATTORNEY LARK: Yes, I'd be interested.
MR. HUDSON: You spoke about the porch all falling apart. The porch,
if you look underneath there, you'll see the base of the porch is
solid and in good condition. Why that thing feel down is evidentially
the kids knocked the posts out and it collapsed down. The shingles
and things are still good. That post could be jacked up in :place and
new posts put under there and underneath you can see it didn't break
loose from the house. Now, I would say jack that thing up, put the
porch back on there. Put new windows in and put the doors in there
and then what you've got to do is have it rewired, pullout the old
sheetrock and put new sheetrock in there, insulate and put new sheetrock
in there. And this man is only going to use it for summers. It don't
have to be like a mansion. The man himself is an engineer and he
wouldn't go in this if he didn't know what he was doing.
SPECIAL ATTORNEY LARK: You're a real estate broker, is that correct?
MR. HUDSON:
I'm a real estate broker and I'm a construction man.
SPECIAL ATTORNEY LARK: Are you the real estate broker involved with
this sale that you've been talking about?
MR. HUDSON: My staff has been working, that's why I'm telling you
why all these things have been done already.
SPECIAL ATTORNEY LARK:
But your office is the real estate broker?
MR. HUDSON: That is right.
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SPECIAL ATTORNEY LARK: Now, you talked about a lot of things that
could be done to the property. Do you have any concrete proposal
as to when this floor would be jacked up and---
MR. HUDSON: Mr. Reese is the owner and he asked for an extension
so he could do whatever he wants to do.
SPECIAL ATTORNEY LARK: But you don't have any proposal as to a
time table?
MR. HUDSON: No, I'm not drawing any architectural plans.
people were going to do that themselves. The man who was
buy it was an engineer.
The
going to
SPECIAL ATTORNEY LARK: What is the property zoned as, do you know?
MR. HUDSON: I imagine at one time it was zoned business because it
was a hotel, motel.
SPECIAL ATTORNEY LARK: Doesn't it have---
MR. HUDSON: I don't know. I didn't come prepared for that.
knew I was going to have a little legal battle with you and
look up the law and do a lot of things I'm not doing now.
If I
I I'd
SPECIAL ATTORNEY LARK: I don't want to have a battle. You also
alluded that you had an engineer's report done on the---
MR. HUDSON: That's right.
SPECIAL ATTORNEY LARK: Do you have a copy of that report?
MR. HUDSON: No, if I was to come up here I'd be ready to go to
work here, but I just come up here to ask for an extension.
SPECIAL ATTORNEY LARK: Can one be made available to this Board if
in fact one was done?
MR. HUDSON: Sure, go down and see Freddie Gordon, down at the tax
office, he's the one that made it.
SPECIAL ATTORNEY LARK:
Is he the engineer that made the report?
MR. HUDSON: He made the--he does these.
SPECIAL ATTORNEY LARK:
report?
Is he a qualified engineer to do a structural
MR. HUDSON: I don't know whether he's a structural--but he's been
in the---he's been a builder for a long time and I know he's a damn
good one. That means a lot more to me than someone with a lot of
titles too.
SPECIAL ATTORNEY LARK: You made reference that the perimeter of the
property is not fenced to keep out third parties.
PAGE 10 - HAROLD~ESE & FREDERICK REESE, UN~E BUILDING HEARING
MR. HUDSON: Hasn't been for thirty-five years.
SPECIAL ATTORNEY LARK: And you also alluded that it has the best
natural fencing in the world, poison ivy in the front yard.
MR. HUDSON: Right.
SPECIAL ATTORNEY LARK: But isn't it a fact that poison ivy doesn't
grow in the winter time and anybody can just walk in and out of
there?
MR. HUDSON: I know in the winter time you don't have too much of a
way to get in there because the State plows the road and there's a
snow bank that makes a natural fence.
SPECIAL ATTORNEY LARK: But you don't deny that people have an access
to and from that property?
MR. HUDSON: Oh, sure.
SPECIAL ATTORNEY LARK: And do you think it safe, in your opinion,
being in the construction business for say kids or third parties to
wander in and out of the structure?
MR. HUDSON: I'm saying this. I'm not questioning for the Board that
it shouldn't be boarded up or closed up, I'm not saying that. I'm
asking for an extension of time for the man to do whatever he has to
do and he should have time to draw up a set of blueprints or anything
else in order to use it, anymore than a lawyer--you walk in there and
in five minutes say I want a contract. You've got other things to
do. The same way with Mr. Reese. Mr. Reese is a big automobile
dealer, he has property out here, just go down and look in the tax
office and see all the property he owns. The property he's developed
in this Town has put a lot of stuff on the tax rolls, besides he's got
developments out in Colorado and things. I mean, he's a busy man. He's
not sitting in an office trying to find something to do and I say that's
why I agreed to come up here. I get cooperation from a lot of people
so I have no quarrel with them, but the fact that there's no windows,
who the hell could deny it. Anyone could go through a window. Even
when you put the plywood up it still---
SPECIAL ATTORNEY LARK: Well, do you think it reasonable to require
the owners to fence the property to keep out intruders?
MR. HUDSON: I would say a fence I don't think is necessary. You could
board up the windows and doors and I would think that would be a
reasonable request.
SPECIAL ATTORNEY LARK: Well, when would the owners do something like
that?
MR. HUDSON: That's what I'm asking here now, for an extension of time
for a couple of months or so to give him time. He's a busy man and
he's got a lot of other projects that he's doing.
SPECIAL ATTORNEY LARK: How long has he owned the property, if you know?
PAGE 11 - HAROLDttESE & FREDERICK REESE, UN~E BUILDING HEARING
MR. HUDSON: I don't know. Look, the building has been in this
condition I would say for at least twenty years.
SPECIAL ATTORNEY LARK: You don't deny that the building is in a
dilapidated condition?
MR. HUDSON: Yes, I do.
SPECIAL ATTORNEY LARK: I didn't ask if it could be restored, I just
asked you if it is in a dilapidated condition.
MR. HUDSON: I see 500 feet from my house is one in a dilapidated
more condition. Well, I'm just saying---I'm not trying to prove
or disprove this one here. I say it should be closed up and the
police should see that it's protected and people don't go by and
pull this plywood off. You put plywood on--you know what it costs
today? One piece of plywood, 4 by 8?
SPECIAL ATTORNEY LARK: So in your opinion the building is dilapidated?
MR. HUDSON: It isn't dilapidated.
SPECIAL ATTORNEY LARK: It is not?
MR. HUDSON: No. What do you call dilapidated? Go down and see the
Conklin house on North Road yourself and that's what I call dilapidated.
Have any of you people been by there? It's laying down in a heap and
it's still laying there. That's dilapidated.
SPECIAL ATTORNEY LARK:
today?
In your opinion, is it dangerous as it sits
MR. HUDSON: I say it should be covered up. I agree that the doors
should be closed. I'm not making a little picayune analysis of this
and that. What are you trying to prove?
SPECIAL ATTORNEY LARK: Well, the statute, as I understand it--the
Unsafe Building statute, calls for the building inspector to make a
determination as to whether the building is structurally unsafe,
whether it is dangerous, whether it's unsanitary and whether or not
it constitutes a hazard to safety because of inadequate maintenance,
dilapidation, obsolescence or abandonment and you heard the building
inspector----
MR. HUDSON: It's been there for about twenty-five years and for
twenty years at least in the same condition. Nothings happened
except them kids burned a little hole in the roof. I agree that
now someone broke windows out in the past I don't know how many
years. It should be boarded up. I'm agreeing. What are you trying
to argue with me about---
SPECIAL ATTORNEY LARK: So the building has been subject to vandalism,
by third parties coming on the property?
MR. HUDSON: Oh, in the summertime, sure.
PAGE 12 - HAROLD~ESE & FREDERICK REESE, uJltFE BUILDING HEARING
SPECIAL ATTORNEY LARK: Well, why isn't it reasonable to fence the
property, in your opinion?
MR. HUDSON: If it's boarded up it's a great big open sand lot there,
what the heck. A fence if you had dogs or something and you wanted
to keep people from getting bit or something, yes, put a fence up.
You'd fence half of Southold Town if you went on that premise.
96, you wrote the law didn't you Bob? According to the way I read
the law I could go in the Building Department and the building
inspector could give an extension for a week or two, or two months,
whatever it needs. That's all that man's looking for. We're not
looking to prove any big---
SPECIAL ATTORNEY LARK: Well, isn't it a fact that Mr. Reese--both
the Reese brothers have owned it since September of '69?
MR. HUDSON: A lot of people owned it before that.
SPECIAL ATTORNEY LARK: This just didn't occur over night.
MR. HUDSON: I think you're wasting
We're here to ask for an extension.
grant it---
our time and the Board's time.
Now if these fellows want to
SPECIAL ATTORNEY LARK: Mr. Hudson, you want an extension, but an
extension to do what?
MR. HUDSON: An e~ension to close it up right now.
SPECIAL ATTORNEY LARK: When are you going to close it up?
MR. HUDSON: I'm not qualified--I'm representing the owner. I'll get
in touch with him and say,"Look, you got to board it up. You want
me to board it up for you I'll do it".
SPECIAL ATTORNEY LARK: When?
MR. HUDSON: When you draw a contract how long do you pin it down?
You say in five minutes I'll do it?
SUPERVISOR PELL:
this Board was to
to allow boarding
adequate to board
Let me interject here. Mr. Hudson, how long, if
grant and I say WAS to grant an extension of time
it up, how much time would you think would be
it up?
MR. HUDSON: A couple weeks, I got to get ahold of this man. You
got to get the lumber company to deliver the stuff. It takes time.
Just like if you ask him, you go down and say I want a contract drawn
in five minutes.
SUPERVISOR PELL: If this Board was to grant an extension of time to
board it up within say twenty days, twenty-five days, thirty days,
you could have it done in that time?
MR. HUDSON: Right, give us three weeks we'll say. You might have
a snow storm tomorrow. You couldn't even get into the building.
PAGE 13 - HAROLD~ESE & FREDERICK REESE, U~E BUILDING HEARING
You couldn't get a lumber company truck to bring the lumber down
there.
SPECIAL ATTORNEY LARK: Then in your opinion fencing would not be
required.
MR. HUDSON: I don't think so, no. If you saw something like that
you'd have to fence every place in Southold Town. There's all
hazards in every place you want to go on. Go down and look at the
Conklin house. That place should have a fence. That stuff will
blow right out in the road, cause an accident.
SPECIAL ATTORNEY LARK:
I have no other questions.
SUPERVISOR PELL: Thank you. Any Councilman have anything they
would like to ask Mr. Hudson? Mr. Townsend.
COUNCILMAN TOWNSEND: Just by way of commenting on the pictures
we have which I think are accurate, there is a fair amount of access
on the property and I'm in a position to see it every morning, the
sun rises over it. I'm inclined to say that having looked at it my-
self more than once, it's possible that structure could be saved. It
doesn't appear to be hazardous but what concerns me about it is that
there is such easy access and the porches are down and somebody could
go through the porches that are right around the outside--it is not
fenced, and something should be done about that to make it safe. If
we're talking about safety, there is all this debris around the outside
of the building that is loose and plus you have porches that are hang-
ing. In other words, if somebody walks under there--you can't board
up the porches. There are other things other than entrance to the
building itself that cause problems because it's the periphery and
the porches that are falling down and could collapse on somebody,
especially if the kid hangs on to one of those porches that hanging,
it could come right down on his head. The statement you made about
the condition of the building, going back twenty-five years, well
I have a postcard that was supposedly taken in 1965--'63 or '65
showing the place in immaculate condition with people out on the
beach and everything else. So I think it closed down a year or two
before Mr. Reese bought it. I don't know how many years it was un-
occupied and I think Mr. Reese bought it probably when it was distressed
and I don't know when the fire occurred. The fire occurred no more
than ten years ago. Prior to that it wasn't in that bad condition.
But it definitely deteriorated considerably in the last ten years.
The last thing, the purpose of the ordinance, if I'm not mistaken,
is--or the way the ordinance works, the inspector makes an inspection
and then he files a violation which the owner gets. At that time he
makes a determination and he has a certain amount of time to comply
with it. Why didn't he ask within that period of time and not wait
until he had to have this hearing?
MR. HUDSON: I don't know about that. I tried to make the point
before, if you know Harold Reese, see all the property he's got
out here and he's got a big automobile agency in the other end.
Besides he's got property all out in Colorado. He runs out there
with developments and things. I don't know where the man goes and
what he does. So maybe that's why they're mad at him because he
..
PAGE 14 - HAROLD4ItEESE & FREDERICK REESE, U~FE BUILDING HEARING
didn't show up, because I know the people came up here and talked
with people. They could see the undercurrent there and they said
we don't want to go through all that, you know. That's why I say
what I'm interested in in Greenport, as you know, we've got to get
stuff on the tax rolls.
COUNCILMAN TOWNSEND: That property is not helping the tax rolls.
Not in that condition.
MR. HUDSON: The point you made before. Now, look, if Reese wants
me to take care of it for him I'm not stupid enough that I would
let something hang there or whoever I got to do it I'll have him
take it down and lay it flat. When it's flat on the ground there
would be no--- Let's talk about your house across the street.
You put a fence up there and you know damn well it won't keep
people from coming in there if they want to go in there.
COTMCILMAN TOWNSEND: If you look at my fence you can see it doesn't
keep people out, it's all torn apart.
MR. HUDSON: That's the same way with this. I don't think it's
necessary to put that man to all that added expense on the thing
and I say if he agrees, in fact whatever I say to him I'm going
to tell him what I think he ought to do and if it's all boarded
up so people can't get in there in a strong enough way, not one
nail in the board but maybe put two or three in and if there's
something hanging that looks like a hazard take it down.
COUNCILMAN TOWNSEND: Well, Mr. Reese, he had property in similar
condition in Greenport, Sweet's Shipyard, and when we ever had a
problem he was quite good about coming----
MR. HUDSON: That was one of the problems. That's why he thought
to wait, the people were going to buy it that would put windows
in right away and then they wouldn't be tearing off the plywood.
COUNCILMAN TOWNSEND: But he did get notification prior.
MR. HUDSON: We're not questioning any of those items. I'm saying
here today we expect to do what's right.
JUSTICE EDWARDS: When was the first time that Mr. Reese was notified
of this hearing?
MR. HUDSON: December 18th he said.
JUSTICE EDWARDS: Oh, this is just recently. And the fire was what,
couple three years ago?
MR. HUDSON:
I don't know, quite a while ago.
JUSTICE EDWARDS:
you also going to
open?
One other thing, in boarding up the windows, are
close in the roof or are you going to leave it
MR. HUDSON: The roof is all right.
~
PAGE 15 - HAROLJltEESE & FREDERICK REESE, U~FE BUILDING HEARING
JUSTICE EDWARDS: Are you going to leave that open?
MR. HUDSON: No, he'd probably nail some plywood over that.
JUSTICE EDWARDS: The building looks structurally sound from the
inside.
MR. HUDSON:
It is.
JUSTICE EDWARDS: But with all that snow in there---
MR. HUDSON: And furthermore which he didn't even mention, our
engineer went down with a shovel underneath and dug all around.
It's on piers. They're all solid and they're all good. A friend
of mine told me a long time ago that any damn fool can spend
somebody else's money and I've always remembered that. So, I
wouldn't talk someone into going into a place like that if I
didn't think that it had some value. I think it has value and
I think it would be damn good to have it on the tax rolls at a
good price.
SUPERVISOR PELL: Any other Councilmen wish to address Mr. Hudson?
Mr. Nickles.
COUNCILMAN NICKLES: Is the place sold or isn't sold? Is there any
contract or isn't any contract?
MR. HUDSON: The contract is drawn but since they've been coming up
here and talking with some and they see the attitude they had the
feeling someone is out to get him or something and they're going to
have all those headaches.
COUNCILMAN MURPHY: Reg, do you know how much taxes he's been
paying on it?
MR. HUDSON: I don't know, but it's waterfront property there.
About 400 feet of waterfront property, bulkheaded. It would be
an asset, I think, to the neighborhood to have it fixed up. With
today's prices you know as well as I that a person with what they
call a homeowner's special, a guy could go in there and fix it up.
You have this person with a big investment but he wouldn't go in
there and spend all kind of money. The man is an engineer and he's
done it before, he'd fix it up.
SUPERVISOR PELL: Mr. Lark.
SPECIAL ATTORNEY LARK: To answer your question, I understand it
from the tax rolls in the Town the land is assessed at $6100.00
by the Town of Southold, the improvements, which includes this
building which is the subject of discussion, is assessed at $100.00
for a total of $6200.00 rossessment on the tax rolls at the present
time.
MR. HUDSON: Well, that's a problem with the assessors.
SUPERVISOR PELL: Gentlemen, any other comments for Mr. Hudson?
'.
,.
PAGE 16 - HAROLJltEESE & FREDERICK REESE, UtIlFE BUILDING HEARING
COUNCILMAN TOWNSEND: Just one thing about the history of the
building. I don't know if you are aware of it but the building
on that property originally came from Long Beach. It was part
of the Smith-Meal Company over there and I guess it was moved over
in 1870 or something when the thing went defunct and by barge, the
main section, the section that runs north and south. Just as a
point of historical interest.
MR. HUDSON: One other point.
SUPERVISOR PELL: Mr. Hudson, go ahead.
MR. HUDSON: I don't know if you know anything about what wolmanizing
is. Wolmanizing is a process with vacuum pressure where they put
the timber in a big tank and give a soluble salt. If you look at
that place with it open and all those salts and air blowing in, it's
all been wolmanized.
SUPERVISOR PELL: Thank you. Mr. Lark.
SPECIAL ATTORNEY LARK: I think you should have for the record also
based on the records in the tax office, that the owners Harold
Reese and Frederick Reese, respondents in this action, purchased
the premises according to the deed on September 25, '69 at a cost
of $25,000.00.
SUPERVISOR PELL: Thank you.
SPECIAL ATTORNEY LARK: The only thing that I want to draw to the
Board's attention is the statute after you do discuss it later, it
does give you some flexibility. You heard the building inspecton,
and I don't think---you have the pictures---I don't think there is
much question that the building as it presently sits this minute
is in an unsafe condition and something has to be done. He made
a determination that it did constitute a hazard to safety and health
by reason of its maintenance and dilapidation and obsolescence and
abandonment in its present condition and that something should be
done. In his Notice to the owner which was not complied with, he
gave the owner an alternative either to tear it down or immediately
board it up to prevent further deterioration and in the process of
boarding it up so it would prevent any problems to the people of
the Town he also ordered him to make some type of suitable fencing
arrangement, at least across the front of the property. This hasn't
been done. You heard the building inspector testify that in his
opinion it should be done and Mr. Hudson who represents the owners
doesn't think it should be but nevertheless he does admit that the
building is in a state of disrepair and something has to be done
and should be done right away. There is no question and I think
one of your Board members lives right across the street, which
backs up the testimony of Mr. Horton that it is a very good likely
possibility that some of the exterior porches, the roofs are subject
to falling. There's just nothing holding them up. I think the
pictures show that. So I think that there has been substantial
evidence before you for you to make a finding that the building is
unsafe and dangerous to the public and you can then put whatever
conditions that you feel are appropriate to the landowner to remedy
y .
PAGE 17 - HAROLD ,REESE & FREDERICK REESE, UNflAFE BUILDING HEARING
the situation in the very near future. Thank you.
SUPERVISOR PELL: Thank you. Mr. Hudson?
MR. HUDSON: I don't think Joe agreed 100% that the building should
have to be torn down. I think it's in sound condition. And I think
I could get you any good number of contractors who would go in there
and say the same thing.
SUPERVISOR PELL: Thank you. At this time I declare the hearing closed.
* * *
~~~/---
Judith T. Terry ~
Southold Town Clerk
The Southold Town Board made the following decision on January 19,
1982 in the matter of Harold Reese & Frederick Reese, Unsafe Building
Hearing:
WHEREAS, the Southold Town Board held a hearing at 11:00 A.M.,
January 19, 1982 in the matter of Notice to Harold Reese and Frederick
Reese pursuant to Chapter 90 of the Code of the Town of Southold
relative to a structure located on the southerly side of Main (State)
Road, East Marion, New York, which was determined to be structurally
unsafe and dangerous by Building Inspector Curtis W. Horton, now,
therefore, be it
RESOLVED that as a result of said hearing on January 19, 1982, the
Southold Town Board agrees with Building Inspector Horton that the
structure owned by Harold Reese and Frederick Reese on the south
side of Main (State) Road, East Marion, New York is structurally
unsafe and dangerous and as such constitutes a hazard to safety by
reason of inadequate maintenance, dilapidation and abandonment. In
particular the roof was completely destroyed by fire, windows and
doors have been removed, the interior of the building is basically
gutted, and the exterior walls are in disrepair and unsafe, and
be it further
RESOLVED that within 30 days from the date of the hearing, January
19, 1982, the doors and windows of the building must be boarded up
and the porches must be shored up and made safe or removed.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR or 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
January 27, 1982
Mr. Curtis W. Horton
Building Inspector
Town of Southold
Southold, New York 11971
Dear Mr. Horton:
The Southold Town Board made the following decision
with relation to the Unsafe Building hearing held in the
matter of Harold Reese and Frederick Reese (Mallard Inn)
on January 19, 1982:
Within 30 days from the date of the hearing, the
doors and windows of the building must be boarded
up and the porches must be shored up and made safe,
or removed.
Very truly yours,
~~c7-~~
Judith T. Terry
Southold Town Clerk
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- - - - - - - - - - - - - - -X
THE TOWN OF SOUTHOLD
against
AFFIDAVIT OF SERVICE
BY MAIL & POSTING
HAROLD REESE and FREDERICK REESE
- - - - - - - - - - - - - - - - -X
STATE OF NEW YORK:
ss. :
COUNTY OF SUFFOLK:
CURTIS W. HORTON, being duly sworn, deposes and says:
1. Deponent is a Building Inspector of the Town of Southold,
is over the age of 18 years, and resides at Mason Drive,
Cutchogue, New York.
2. On the 18th day of December, 1981, deponent served a copy
of Notice Pursuant to Chapter 90 of the Code of the Town of
Southold (The Unsafe Building and Collapsed Structure Law of the
Town of Southold) upon Harold Reese 855, Sunrise Highway, Lynbrook
New York 11563 and Frederick Reese, 410 Jericho Turnpike, Mineola
New York 11501, those being the addresses designated by said indi-
viduals for that purpose by depositing a true copy of same enclose
in a postpaid properly addressed wrapper in an official depositor~
under the exclusive care and custody of the United States Postal
Service at Cutchogue, New York. Said Notice Pursuant to Chapter
90 of the Code of the Town of Southold was mailed to Harold Reese
and Frederick Reese by Certified Mail, Return Receipt Requested.
3. On the 18th day of December, 1981 at Ifp,/j1J 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
..5/ ~/~~ C#~zr:X-
1/1 9/ tf' .>-
.....
". .
.
.
on the premises owned by Harold Reese and Frederick Reese
located on the southerly side of Main (State) Road at Orient,
New York.
Sworn to before me this
31S...; day ~ecember, 1981.
. / I
I I 1/' "
~l~ r- r c <..J
/ I Notary Pub J.C
il
Y,c'.IA K " ~~"
NOTARY rUHiC, St";,, cI r:"w Yor~
No. 4674306 . S~f:olk County
':'''ff'~lli.I.;Jo ~IIIM.. M~rc~1 30, 19~
(T!~;;;{/ JfA'l/~
CurtJ.s W. Horton
.
.
-"
TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
NOTICE PURSUANT TO CHAPTER 90 OF THE CODE
OF THE TOWN OF SOUTHOLD
Date: December 18, 1981
TO:
Harold Reese
855 Sunrise Highway
Lynbrook, New York 11563
Frederick Reese
410 Jericho Turnpike
Mineola, New York 11501
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 Orient, in the Town of
Southold, County of Suffolk and State of New York,
more particularly bounded and described as follows:
BEGINNING at a point on the southerly side of
Main (State) Road where the same is intersected by
the easterly side of land now or formerly of the
A. H. Limouze Estate; running thence from said point
of beginning along the southerly side of Main (State)
Road the following courses and distances: (1) North 450
DO' 00" East 72.00 feet; (2) North 510 23' 00" East
185.50 feet to a monument and Dam Pond Inlet; running
thence southerly along Dam Pond Inlet, the tie line
thereof bearing South 280 23' 30" East 152.54 feet to
Orient Harbor; running thence westerly along Orient
Harbor, the tie line thereof, bearing South 410 06'
10" West 233.02 feet to said land now or formerly of
the A. H. Limouze Estate; running thence along said land
North 380 50' 00" West 183.70 feet to the southerly
side of Main (State) Road at the point or place of
BEGINNING.
Suffolk County Tax Map Designation: District 1000,
Section 31, Block 14, Lot 12.
B. The structure located on your property is structurally
unsafe and dangerous and as such constitutes a hazard to
safety by reason of inadequate maintenance, dilapidation
~-t'~c!f~
-
I
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.
.
and abandanment. In particular the roof was com-
pletely destroyed by fire, windows and doors have
been removed, the interior of the building is
basically gutted, and the exterior walls are in
disrepair and unsafe. As a result of not fencing
and securing the property the same has been left
exposed and unprotected.
c. You are hereby ordered to either: demolish and
remove the remains of this structure; or immediately
board up same in order to prevent any further deterio-
ration and properly fence and secure the perimeter of
the property to prevent unauthorized people from
entering upon the property. After this is accomplished
if you choose to rebuild and refurbish this structure
you will have to obtain a Building Permit from the
Southold Town Building Department
D. The above work shall commence within ten (10) days
from the date of service of this notice and shall be
completed within thirty (30) days thereafter.
E. In the event you fail to comply with the above, a
hearing will be held before the Southold Town Board
concerning same at 11:00 o'clock on January 19, 1982.
F. If the Southold Town Board after the aforementioned
hearing shall determine that the remains of the
structure is unsafe or dangerous to the public, the
Southold Town Board may order the remains of the
structure taken down and removed.
G. In the event that the remains of the structure shall
be determined by the Southold Town Board to be unsafe
or dangerous and in the event of your neglect or
refusal to remove or correct same within the time
provided, the Southold Town Board may remove such
structure by whatever means it deems appropriate
and assess all costs and expenses incurred by the
Town of Southold in connection with the proceedings
to remove and secure same, including the cost of
actually removing the structure from the premises
against the land on which the said structure is located.
e~~
Curt1s W. Horton
Building Inspector