HomeMy WebLinkAboutSouthold Development Corp
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
December 21, 1984
Town Board
Town of Southold
53095 Main Road - Town Hall
Southold, New York 11971
RE: Southold Development
Gentlemen:
Please be advised I have inspected the premises owned
by Southold Development on December 13, 1984, and found
it has complied with the Town Board resolution dated
November 8, 1984.
I am closing my file on this matter as far as the
Notice Pursuant to Chapter 90 is concerned.
Very truly yours,
{!~ct1/' lf~
Curtis W. Horton
Building Inspector
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OJ: VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR M~ETING HELD ON NOVEMBER
8,1984:
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of the premises owned by Southold Development Corporation, and
shown and designated on Suffolk County Tax Map as: District 1000; Section
117.00; Block 08.00; Lot 019.00, and thereafter prepared a written report
thereof and filed the same in his office, and
WHEREAS, it was determined by the Building Inspector that the three buildings
or structures on said premises are dangerous or unsafe to the public, and
WHEREAS, the Building Inspector promptly thereafter served a notice on the
owner or other persons having an interest in said property, pursuant to the
provisions of Chapter 90 of the Southold Town Code, and
WHEREAS, said notice required that the owner of said premises secure or remove
the buildings or structures, securing or removal to commence within ten days
from the date of the service of said notice and that the same be completed within
thirty days thereafter, and
WHEREAS, the owners of said premises has neglected or refused to comply with
the provisions of said notice within the time specified therein, and
WHEREAS, a public hearing on said matter was held by this Board on the 23rd
day of October ,1984.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
1. That based upon the written report prepared by the Building Inspector
and filed in his office and upon the evidence given by said Building Inspector at
the hearing held on October 23, .1984, this Board does hereby determine that the
buildings or structures located on said premises are unsafe or dangerous to the
public.
2. That this Board does hereby order that the three buildings or structures
located on said premises is in such a dilapidated condition that the same cannot be
repaired and secured and therefore directs and orders that the same be taken
down and removed.
3. That it is further determined and ordered that the owners of the buildings
or structures on said premises shall take down and remove the buildings or
structures on said premises on or before the 8th day of December, 1984.
Page 2 - Southold De~pment Corporation
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4. In the event that the owners shall neglect or refuse to take down and
remove said structures from said premises within the time provided by the
preceeding paragraph, then and in that event the Supervisor be and he hereby
is authorized and directed to procure estimates for the removal of the buildings
or structures on said premises and submit the same to this Board for its consider-
ation as soon thereafter as possible.
5. That thereafter this Board shall, based upon such estimate, provide for
the letting of a contract for the taking down and removal of the buildings or
structures on said premises.
6. That the cost and expenses of the taking down and removal of the
buildings or structures on said premises shall be collected by the Town of Southold
in the manner provided for in Section 90-9 of the Code of the Town of Southold.
7. It is further ordered that a certified copy of this resolution shall be
sent by the Town Clerk to the owner of said premises by registered mail, return
receipt requested, within three days of the date hereof.
~M~~~
Judith T. Terry {/
Southold Town Clerk
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STATE OF NEW YORK
COUNTY OF SUFFOLK
Office of the Town Clerk
of the TOWN OF SOUTHOLD
ss:
This is to certify that I, Judith T. Terry, Town Clerk of the Town of South-
old, in the ~aid 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. . . . StD. . . day of .... .NQY!!!'I.Qlll; . . . .. 19 .8.~ . . . . . . ,
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 ... .~~Y~!T!l:>~~.. 19l!~......
(Seal)
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Town Clerk of the Tow~~hold, County of SuffoltC,'1J.Y.
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HEARING
SOUTHOLD TOWN BOARD
October 23, 1984
10:00 A.M.
IN THE MATTER OF A VIOLATION OF CHAPTER 90 ("UNSAFE BUILDING AND
COLLAPSED STRUCTURES LAW OF THE TOWN OF SOUTHOLD") OF THE CODE
OF THE TOWN OF SOUTHOLD BY SOUTHOLD DEVELOPMENT CORPORATION.
Present: Supervisor Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean W. Cochran
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Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR MURPHY: I would like to open this hearing scheduled for 10:00 A.M.
on October 23rd, 1984 at the Southold Town Hall. The hearing on the Notice under
the Unsafe Building and Collapsed Structures law of the Town of Southold concerning
Southold Development Corporation, Jackson and First Streets in New Suffolk. I'd
like at this time to turn it over to our Special Attorney Richard Lark.
SPECIAL ATTORNEY LARK: Well, I would ask the question that Mr. Schondebare
asked before, is there anybody here on behalf of the respondent, Southold Develop-
ment Corporation? (No response.)
SUPERVISOR MURPHY: Do you want me to swear Curt in?
MR, LARK: Yes, if you would.
SUPERVISOR MURPHY: Curt, will you stand and raise your right hand. The
information that you are about to give is the whole truth and nothing else but the
truth, so help you God?
BUILDING INSPECTOR CURTIS HORTON: I do.
SUPERVISOR MURPHY: Thank you.
MR. LARK: Mr. Horton, would you, for the record, give your name.
MR. HORTON: My name is Curtis Horton.
MR. LARK: And your residence?
MR. HORTON: Mason Drive, Cutchogue.
MR. LARK: And are you employed by the Town of Southold?
MR. HORTON: Yes.
MR. LARK: And in what capacity?
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MR. HORTON: Building Inspector.
MR. LARK: And how long have you been so employed?
MR. HORTON: Approximately seven years.
MR. LARK: And in your capacity as Building Inspector have you had occasion
to inspect premises owned by Southold Development Corporation in New Suffolk--
the hamlet of New Suffolk?
MR. HORTON: Yes, I have.
MR. LARK: And could you tell the Board when you performed your inspection
and what was the occasion of the inspection.
MR. HORTON: We started with Marine Associates, from there these buildings
are right--almost attached---
MR. LARK: No, I'm just addressing you to property owned--first of all let me
ask you this. Withdraw the last question. Could you tell the Board what properties
are owned by Southold Development Corporation? Where is the property? This is
an administrative hearing.
MR. HORTON: Right south of the Marine Associates property. It borders on First
Street and Jackson Street.
MR. LARK: And in what town or hamlet?
MR. HORTON: New Suffolk.
MR. LARK: And that's in the Town of Southold?
MR. HORTON: Correct.
MR. LARK: And did you have occasion to inspect that property?
MR. HORTON: Yes, I did.
MR. LARK: And could you tell the Board when that occasion was?
MR. HORTON: That occasion was on August 22nd, 1984, at 3:30 P.M.
MR. LARK: Fine. And could you also tell the Board the purpose of you
inspecting that property?
MR. HORTON: The purpose of this - to check for unsafe buildings.
MR. LARK: Okay, had you in your capacity as Building Inspector received any
type of a complaint about these structures on the property?
MR. HORTON: Yes, we had complaints, but mainly reason I started with the
property just to the north of this and as I was working down through, "Well, I
said, I can't--I said these are just as bad a shape so I continued and inspected
the Southold Development Corporation.
MR. LARK: So the Board can understand, was this part of an overall inspection
of this area in New Suffolk?
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MR. HORTON: Yes, it was, the whole block from the post office south.
MR. LARK: And in the hamlet of New Suffolk.
MR. HORTON: In the hamlet of New Suffolk.
MR. LARK: Okay, and this occurred on what date?
MR. HORTON: August 22nd, 1984.
MR. LARK: Okay. Now, could you just generally, before you get into any
specifics, tell the Board what's on the property owned--or if anything is on the
property owned by Southold Development Corporation?
MR. HORTON: Two small buildings, approximately one car garage size and one
two-story wood frame building right at the edge of the road on First Street.
MR. LARK: Now, so there's three buildings in total?
MR. HORTON: Correct.
MR. LARK: Okay. Now,so the Board can follow along I'm going to, at this time,
introduce your notice which you sent them because attached to that notice is an
exhibit containing a map of the property, is that right?
MR. HORTON: Correct.
MR. LARK: Okay. And also I'll ask you when did you send a notice to the
property owner?
MR. HORTON: I sent a notice on August 30th, 1984---it was mailed on the 14th
day of September, 1984.
MR. LARK: All right, so we can get it in. As a result of your inspection on
August 22nd, did you cause a report to be filed in the Building Department?
MR. HORTON: Yes.
MR. LARK: Okay. And as a result of that report did you prepare a Notice
Pursuant to Chapter 90 of the Code of the Town of Southold to be sent to the
owner of the property?
MR. HORTON: Correct.
MR. LARK: Okay. What was the date of that notice?
MR. HORTON: The date of the notfce was August 30th.
MR. LARK: And did there come a time when you actually sent the notice to the
owner of the property?
MR. HORTON: The notice was sent on the 14th day of September.
MR. LARK: All right. And in your duties as Building Inspector did you cause
the property to be posted with that notice?
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MR. HORTON: Yes, I posted it on the 13th day of September.
MR. LARK: Okay. Because it does involve numerous buildings, Mr. Supervisor,
I'm going to offer as the Town's Exhibit Number I the Notice which he referred
to as August 30. 1984. which he sent to the owner, and the Affidavit of Service
by Mailing & Posting, which is required by Chapter 90 of the Code of the Town
of Southold as Exhibit II in evidence, and the purpose of offering them at this
time is so that when the witness testifies that the Board will have something in
front of it that they can following along with his testimony, if that might be
permissible.
(Exhibit I - Notice Pursuant to Chapter 90 of the Code of the Town of Southold,
dated August 30. 1984, to Southold Development Corporation. c/o Armende Lesser,
475 Fifth Avenue, New York. New York 10001.)
(Exhibit II - Affidavit of Service by Mailing & Posting, I n the Matter of a Violation
of Chapter 90 of the Code of the Town of Southold by Southold Development Corp-
oration, sworn to on September 20. 1984 by Curtis W. Horton.)
MR. LARK: Can they be received in evidence as Town's Exhibits I and II?
SUPERVISOR MURPHY: Yes.
MR. LARK: Now, Mr. Horton, going back to your inspection of August 22nd,
and to have an orderly flow so that the Board and anybody else interested, could
follow along, I've noticed that in your inspection report you labeled the buildings
on the properties Numbers one. two and three.
MR. HORTON: Correct.
MR. LARK: I want you to tell the Board--I want you to describe to the Board
what building Number One is and what you found in the course of your inspection
on August 27th regarding Chapter 90 of the Code of the Town of Southold.
MR. HORTON: Building Number One--the supports, the foundation is---
MR. LARK: No, tell us the type of building so that--
MR. HORTON: They're all wood frame buildings.
MR. LARK: Okay. Do you know what its purpose is? Is it occupied? Just tell
us a little but about it.
MR. HORTON: It is not occupied at all. The purpose. I guess. was storage of a
car or vehicle at one time.
MR. LARK: Okay. Could you describe the building generally?
MR. HORTON: It's a small approximately a car and a half garage size and it's
just been left to despair.
MR. LARK: When you were there on August 22nd. or any time subsequent from
then to the date of the hearing, did you take any photographs of Building One?
MR. HORTON: Yes, I did.
MR. LARK: Do you have a copy, or a photograph with you of that builCling now?
Page 5 - Unsafe BUil.9S - Southold Development Cor.ation
MR. HORTON: Yes. I do.
MR. LARK: All right. could you hand them to me, please? Okay. You have
handed me three photographs, and these are of Building Number Ohe?
MR. HORTON: Correct.
MR. LARK: Okay. And these were taken by you?
MR. HORTON: Yes.
MR. LARK: Okay. And the dates on there indicate the date that you took them?
MR. HORTON: Correct.
MR. LAR K: Now, on the dates that you took these photographs--did you take them
yourself?
MR. HORTON: Yes, I did.
MR. LARK: And do they fairly and accurately represent the building as it existed
on that day?
MR. HORTON: Yes, they do.
MR. LARK: When was the last time you inspected these premises?
MR. HORTON: Approximately last Friday.
MR. LARK: All right, and do these photographs also fairly and accurately depict
the building as it exists today?
MR. HORTON: Yes.
MR. LARK: Okay. I would put this in as Town's Exhibit Number III, and it's
three photographs of Building Number One.
(Exhibit III - Three photographs of Building Number One - Southald Development
Corporation. )
MR. LARK; Now, the Board now has before them photographs of that building
so could you go ahead with your generalized description of the building and then
give us a report of your findings as a result of your inspection on August 22nd.
MR. HORTON: The southerly portion of the building has been removed and the
window on the northerly po:rtion of the building has been removed, leaving the
interior portion of the building exposed to weather. The foundations are rotting
leaving the building structure unsupported, causing the building to lean in a
westerly direction.
MR. LARK: Are there windows in this building?
MR. HORTON: There was.
MR. LARK: They have been removed?
MR. HORTON: Yes.
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MR. LARK: And does that expose the interior to weather?
MR. HORTON: Yes.
MR. LARK: Okay. Could you tell us about the structural support of the building
as it exists today.
MR. HORTON: Well, there is none exactly, they're all rotted away. The posts
that are holding the building up are rotted away, gone.
MR. LARK: Okay. Could you tell us then, as a result of your inspection as a
Building Inspector, what is holding the building up then?
MR. HORTON: What is holding it up? Just--right now it's just about to filII down,
nothing is structurally--it's structurally unsafe.
MR. LARK: Now as a result of your inspection did you come to any conclusions as
to this particular building?
MR. HORTON: Yes, thIs building should be either removed or boarded up and made
structurally sound.
MR. LARK: In other words you made a finding and determination that the building
is structurally unsafe?
MR. HORTON: Yes.
MR. LARK: All right. Now, does this building, as it exists today, constitute any
type of hazard to safety?
MR. HORTON: Yes, because---
MR. LARK: Could you tell us how?
MR. HORTON: Weir,. kids--children have been playing or adults, I don't know who.
There is signs of both inside the building. There is beer cans and so they've been
drinking in there and throwing stuff around. It's a fire hazard, it's a hazard to
everything. The fence that was surrounding this property is down in many places,
so it has no protection from the outside.
MR. LARK: Okay, and you caused a report to be filed in your office as a result
of your inspection?
MR. HORTON: Yes.
MR. LARK: Okay. Now, let's move along to Building Number Two that you have
shown which is attached as Exhibit I to the Town's Exhibit A in evidence, and
could you tell us what that building is?
MR. HORTON: Two story wood frame building.
MR. LARK: Okay, and is it occupied?
MR. HORTON: No.
MR. LARK: Do you know what its purpose was?
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MR. HORTON: I do not. I do not know what its purpose is or was.
would say a storage building.
mean,
MR. LARK: Okay, and could you just generally tell us about this building?
MR. HORTON: Well, large sections of the siding are off, you can see right through
the building from one side to the other. There is large holes in the roof ,on the
south side the foundation is all gone. It is leaning considerably to the south. It's
in danger of collapsing at any time.
MR. LARK: All right. Did you inspect this building on August 22nd, 1984?
MR. HORTON: Yes, I did.
MR. LARK: And during--on August 22nd or any time subsequent thereto to the
date of the hearing did you take any photographs of this building?
MR. HORTON: Yes, I did.
MR. LARK: And do you have those photographs with you?
MR. HORTON: Yes, I do.
MR. LARK: Could you hand them to me please? Okay, you've given me four
photographs of this building?
MR. HORTON:
have.
MR. LARK: And this is Building Number Two?
MR. HORTON: Correct.
MR. LARK: Okay. And these photographs, do they fairly and accurately
represent the condition of the building on the day that you took the photographs?
MR. HORTON: I don't think they show everything. On the inside it's worse.
MR. LARK: What the photographs show, does it fairly and accurately---
MR. HORTON: Yes.
MR. LARK: --depict what it shows?
MR. HORTON: Yes.
MR. LARK: All right. And what the photographs shows are exterior elevations
of the building, isn't that correct?
MR. HORTON: Correct.
MR. LARK: And do these conditions that are show in these photographs exist
today?
MR. HORTON: Yes, they do.
MR. LARK: When was the last time you inspected the premises?
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MR. HORTON: Friday.
MR. LAR K: T hat would be October 19th?
MR. HORTON: Yes.
MR. LARK: Okay, I would hand these up then as Town's ExhIbit IV, which are
photographs of the exterior of Building Number Two.
(Exhibit IV - Four photographs of Building Number Two - Southold Development
Corporation. )
MR. LARK: Okay, now as a result of your inspection under the Unsafe Buildings
Ordinance, could you tell the Board your findings concerning this building?
MR. HORTON: This building--my' findings of this building is it should be torn down
and removed.
MR. LARK: All right, that's an opinion or a conclusion. Could you tell us what, if
anything, is wrong with the building?
MR. HORTON: There's large holes and the siding is gone. The floor that was
inside is all heaved. There is no support underneath this building. It is beyond--
I say it's beyond repair.
MR. LARK: Okay. These large holes that you have described in the walls of the
building do they allow the elements, the weather--in other words, to get inside the
building?
MR. HORTON: Yes.
MR. LARK: All right. Now, you said that the foundation had deteriorated, is
that cor rect ?
MR. HORTON: Correct.
MR. LARK: Could you tell us any particular areas and how it has deteriorated?
MR. HORTON: On the southerly side and the interior the posts have all rotted
away.
MR. LARK: Now you say posts, what type of posts?
MR. HORTON: Wooden posts.
MR. LARK: And what do they do these wooden posts?
MR. HORTON: The support the sills of the building.
MR. LARK: Okay, so the support posts of the building you say are rotted?
MR. HORTON: Are gone, yes.
MR. LARK: Okay, and the building is no longer properly supported?
MR. HORTON: Correct.
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MR. LARK: Now. and as a result of your inspection you determined that this
building was structurally unsafe?
MR. HORTON: Yes.
MR. LARK: Okay. Does it constitute a hazard?
MR. HORTON: Yes, it does.
MR. LARK: Could you tell us how it constitutes any type of hazard to people?
MR. HORTON: It's wide open to children playing and there have been numerous
people in this building because I have seen them there myself and if anybody goes
in this building they will see the evidence of people being in this building.
MR. LARK: Is the property or the building fenced or secured in any way?
MR. HORTON: No, the fence is down in many places.
MR. LARK: Okay. All right. Now, you've rendered, then, an opinion that the
building, due to its state, should be removed?
MR. HORTON: Yes.
MR. LARK: Could you tell the Board is it possible, economically feasible, to repair
this building?
MR. HORTON: It's not economically feasible to repair this building.
MR. LARK: Now, you have more more building that you've labeled Number Three
in your Notice, is that correct?
MR. HORTON: Correct.
MR. LARK: All right, could you tell us about this building a little bit?
MR. HORTON: Well, this is approximately like the first building. It's a storage
building, I guess a vehicle was kept in there at one time, I'm not sure, but this
building has been left open and you can see when you see the pictures, the door--
MR. LARK: All right. Did you do an inspection of this building on August 22nd?
MR. HORTON: Yes, I did.
MR. LARK: And as a result of that inspection did you cause any photographs to
be taken of the exterior of this building?
MR. HORTON: Yes, I did.
MR. LARK: And do you have any photographs with you today?
MR. HORTON: Yes.
MR. LARK: All right. Could you hand them to me, please? You're handing me
three photographs which depict Building Number Three?
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MR. HORTON: Correct.
MR. LARK: As you've described it in your notice and on the attached map?
MR. HORTON: Correct.
MR. LARK: Okay. Now, who were these photographs taken by?
MR. HORTON: Myself.
MR. LARK: All right, and the dates thereon were the dates the photographs were
taken? August 22nd and September 13th.
MR. HORTON: Correct.
MR. LARK: Now do these photographs fairly and accurately depict the exterior
of this structure?
MR. HORTON: Yes, they do.
MR. LARK: Okay. When was the last time you inspected these premises?
MR. HORTON: Friday.
MR. LARK: That would be October 19th?
MR. HORTON: Yes.
MR. LARK: Okay, and do these photographs fairly and accurately represent
what's there today?
MR. HORTON: Yes, there's been no changes.
MR. LARK: All right, I'll offer this up. then as Town's Exhibit V, which are
three photographs of the exterior of Building Number Three as described in the
Building Inspector's Notice which you have before you as Exhibit A.
(Exhibit V - Three photographs of Building Number Three - Southold Development
Corporation. )
MR. LARK: Okay. Could you tell us the results of your inspection of this building
on August 22nd?
MR. HORTON: Well, the result of this building I labeled it as unsafe and---
MR. LARK: No, that's a conclusion or an opinion. Just tell us what you found.
MR. HORTON: Large holes, windows out, doors open, holes in the roof exposing
it to the elements and nature.
MR. LARK: Okay, could you tell us anything about the foundation--or did you
inspection the foundation?
MR. HORTON: Yes, the foundation---
MR. LARK: All right, could you tell us anything about it?
Page 11 - Unsafe Bu.ngS - Southold Development C.rafion
MR. HORTON: The foundation has deteriorated.
MR. LARK: All right. could you tell us what type of foundation was there?
MR. HORTON: Posts.
MR. LARK: Wooden posts?
MR. HORTON: Yes.
MR. LARK: Okay. and what has happened to them. if anything?
MR. HORTON: They just rotted away.
MR. LARK: Okay. and they are no longer adequately supporting the building?
MR. HORTON: Correct.
MR. LARK: Okay. and you've made it a conclusion that this building was unsafe?
MR. HORTON: In its present condition this building is unsafe.
MR. LARK: Now, is it structurally unsafe?
MR. HORTON: The way it is left now, yes. It could be corrected, I do believe,
if they wanted to shore" it up and this could be repaired if they wanted to.
MR. LARK: This particular building?
MR. HORTON: This particular building.
MR. LARK: As it presently exists is it dangerous or a hazard?
MR. HORTON: It is dangerous because of the condition, yes.
MR. LARK: Okay. All right. Now, in the notice that you sent to the owner of
the property, dated August 30, 1984, did you give any specific directions as
to what you wanted done,in your capacity as Building Inspector, to each of these
three buildings, and we'll start with Building Number One.
MR. HORTON: I ordered it to be demolished and remove the remains of the building
marked as Building Number One.
M.R. LARK: Okay. Now. could you tell the Board why you wanted this particular
Building Number One demolished?
MR. HORTON: This one here is think is beyond repair, it's not practical to repair
it.
MR. LARK: Okay. fine. Now, what did you order them--the owner to do, if anything,
with regards to Building Number Two?
MR. HORTON: The same as Building Number One.
MR. LARK: Which is?
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MR. HORTON: Demolish it.
MR. LARK: And is this building capable of being repaired in any way?
MR. HORTON: No.
MR. LARK: Okay. Now, Building Number Three, what did you order them to do?
MR. HORTON: To either board it up or tear it down, the same thing, in order to
prevent people from entering.
MR. LARK: Okay. Now, that's generally the overall property your ordered him to
fence it, but I'm talking about Building Number Three. You testified previously
that it was your opinion that this building could be repaired---
MR. HORTON: If they wanted to spend the money.
MR. LARK: Okay. Now, did you also ask or request the owner to secure the
property?
MR. HORTON: Yes, I did.
MR. LARK: What did you have in mind?
MR. HORTON: To fence it, close up the doors---
MR. LARK: Is there a fence there now?
MR. HORTON: There is parts of a fence, but parts are down.
MR. LARK: Oh, okay, so you wanted it completely enclosed.
MR. HORTON: You can go right through Building Number Two, right through
the doors, right on through the property. It's wide open.
MR. LARK: Okay, fine. All right. Now, did you give the owner any time of
time frame in which to contact you to accomplish this work?
MR. HORTON: Shall commence within ten days from the date of the posted date,
which would be the 14th day of September.
MR. LARK: Okay, and---
MR. HORTON: Thirty days thereafter.
MR. LARK: To complete. Now, since you have sent the notice, which is Exhibit
Number II, on the 14th, and posted the property, have you heard anything from
the owner--you or the Building Department, to your knowledge?
MR. HORTON: To my knowledge, we have not heard anything from Southold
Development Corporation.
MR. LARK: Okay. Have you ever had any prior dealings with Southold Develop-
ment Corporation?
Page 13 - Unsafe BUi.ngS - Southold Development C.ration
MR. HORTON: Yes.
MR. LARK: And when was that?
MR. HORTON: Approximately I can just tell you off the top of my head, approx-
imately about three years ago.
MR. LARK: Okay, did you have that personally or was that with the Building
Department itself?
MR. HORTON: That was the Building Department, and we had a building---
MR. LARK: No, when you say "we", with you as the Building Inspector or
another Bullding Inspector?
MR. HORTON: No, myself.
MR. LARK: Oh, yourself? So you have talked to this respondent before this?
MR. HORTON: Yes.
MR. LARK: Who on behalf of the corporation did you ever do business with before?
I f you recall.
MR. HORTON: Mr. Lesser.
MR. LARK: All right, and since you sent this notice in the middle of September
you have neither heard from him or any other representative of Southold Development
Corp.?
MR. HORTON: No.
MR. LARK: Okay. Now, the bottom line question is what are you asking the
Board to do today?
MR. HORTON: I'm asking the Board to have these buildings made structurally
sound or remove them.
MR. LARK: All right, if the Board was going to make them structurally sound,
what would you give as a recommendation that they should order the owner, if
anything, to do?
MR. HORTON: Well, they would have to be closed from the elements, boarded up
the windows and doors, the roof fixed, the foundations made right, or tear them
down.
MR. LARK: Okay, but I understood you to testify before that structures One and
Two, in other words labeled---
MR. HORTON: It's not feasible to do it.
MR. LARK: But it is for Building Number Three?
MR. HORTON: I think so, yes.
MR. LARK: All right, well the Board, if they're going to do anything, would want
to know your recommendation or opinion as to how Building Number Three then
.
Page 14 - Unsafe BUilngs - Southold Development co.ration
could be repaired. Could you just briefly describe to them how it could be done?
MR. HORTON: Well, they'd have to put a new foundation underneath it and all
new sills and then they'd have to put a new roof and doors and windows.
MR, LARK: And this could be economically feasible in your opinion?
MR, HORTON: If somebody--it isn't really economical, I f somebody was handy and
wanted to do it themselves, yes. I understand somebody's already offered them to
remove this building, but you'd have to check that.
MR, LARK: Okay.---Disregard that. But with what you said by making a new
foundation, jacking the building up, making a new foundation and closing in the
doors and the windows and repairing the roof, the building--that particular building
could be rendered structurally safe?
MR. HORTON: I think so, yes.
MR. LARK: Okay, thank you. But the other buildings, in your opinion, could
not be and should be torn down?
MR. HORTON: They're beyond repair.
MR. LARK: All right, thank you. I have nothing further of the Building Inspector.
If any of the Town Board would want to ask any questions?
SUPERVISOR MURPHY: Any Board members like to question Curt?
COUNCILMAN STOUTENBURGH: Curt, would a fence around Number Three building,
complete fence as they have--I think they have a chain link fence on part of that,
don't they?
MR. HORTON: Well, the fence is down on the corners on the water side and it's
accessible in many ways. It's still not going to clear up the property. The fence,
like we know from before, from other experiences, doesn't keep them out. They were
told before on the same piece of property where the oyster house used to be, to keep
the fence and already you go down into there and it's all torn wide open. It has not
been repaired.
MR. LARK: That oyster house, was that subject of the Building Department requiring
them to tear that down?
MR. HORTON: Yes.
MR. LARK: And that's on the property, right?
MR. HORTON: Right across is a piece of Town property and right across from
that is--yes.
MR. LARK: And did they tear it down.pursuant to your directive?
MR. HORTON: They did.
MR. LARK: Okay. So they are familiar with this procedure?
.
Page 15 - Unsafe BUi!ngS - Southold Development coloration
MR. HORTON: Yes, they are.
MR. LARK: But I don't think you really answered Councilman Stoutenburgh's
question. If you fenced that building, would that make it safe to comply with
the law to prevent it from being a dangerous condition to the public?
MR. HORTON: They could fence it, like I said, but it still, like I say, the fence--
they don't keep their fences up as proof you can see when you go down there and
the people--it would be the same condition next year and the year after or six months
from now.
MR. LARK: No, but a fence would render it safe as far as the public is concerned--
not the structure, but as far as--
MR. HORTON: I would think so, yes.
MR. LARK: Okay, that's what he was really asking.
SUPERVISOR MURPHY: Okay, any other Board members have anything? (No
response.) Do you have anything further, Dick?
MR. LARK: No. No, as the Building Inspector, I think, adequately summed up
what he thought each building was. It's a complicated thing because you have to
look at each one and they're in different states of disrepair, if you would, and he
made his recommendation based on his report and I would just respectfully request
the Board to physically inspect the property themselves, in light of the testimony,
to render a determination what should be done under the ordinance.
SUPERVISOR MURPHY: Okay, is there anyon"e in the audience who would like to
address the Board concerning this property? Anyone at all? (No response.) If
not at this time I'd like to recess this to our next Town Board meeting---
COUNCILMAN SCHONDEBARE: Why do you want to recess?
SUPERVISOR MURPHY: So to give us time to go down--
COUNCILMAN STOUTENBURGH: You can close the hearing.
SUPERVISOR MURPHY: Okay, all right, you want to close the hearing now?
MR. LARK: You'd have to open it up again and have everybody here.
SUPERVISOR MURPHY: Okay, let's close the hearing. I'd like a motion to close
the hearing.
Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that this hearing in the matter of a violation of Chapter 90 ("Unsafe
Building and Collapsed Structures Law of the Town of Southold") of the Code of
the Town of Southold by Southold Development Corporation be and hereby is
closed at 1():30 A.M.
Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare,
Councilman Stoutenburgh, Justice Edwards, Councilman Townsend, Supervisor Murphy.
This resolution was declared duly ADOPTED.
* * *
(~~<e~~i~~~ Clerk
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STATE OF NEW YORK
TOWN OF SOUTH OLD
- - - - - - - - - - - - - - - - - - X
In the Matter of a Violation of
Chapter 90 of the Code of the
Town of Southold by
COUNTY OF SUFFOLK
AFFIDAVIT OF SERVICE
BY MAILING & POSTING
SOUTHOLD DEVELOPMENT CORPORATION
- - - - - - - - - - - - - - - - - - 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 14th day of September, 1984, deponent served a
copy of Notice Pursuant to Chapter 90 of the Code of the Town of
Southold (The Unsafe Building and Collapsed Structure Law of the
Town of Southold) upon Southold Development Corporation, c/o
Armende Lesser, 475 Fifth Avenue, New York, New York 10001, 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 Southold Development
Corporation by Registered Mail, Return Receipt Requested (Copy of
said Receipt is attached hereto).
3. On the 13th day of September, 1984, at 4:15 P.M. de-
ponent posted a tue copy of the Notice Pursuant to Chapter 90 of
the Code of the Town of Southold (The Unsafe Building and Collapsed
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Structure Law of the Town of Southold) in a conspicuous place on
the premises owned by Southold Development Corporation on the
corner of the northerly side of Jackson Street with the easterly
side of First Street, New Suffolk, New York (Suffolk County Tax
Map Designation: District 1000; Section 117.00; Block 08.00;
Lot No. 019.00).
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Sworn to before me this
.R'tJ ~ day of September, 1984.
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NOTAlIY PUBLIC, State of New York
Suff.lk County N.. 52.5792900 a
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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 SOUTH OLD
Date: August 30, 1984
TO: Southold Development Corporation
c/o Armende Lesser
475 Fifth Avenue
New York, New York 10001
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 New Suffolk, in the Town of Southold,
County of Suffolk and State of New York, bounded and des-
cribed as follows:
BEGINNING at the corner formed by the intersection of
the northerly side of Jackson Street with the easterly
side of First Street: running thence North 060 50' 00"
East along the easterly side of First Street 91.50 feet to
land now or formerly of Ruth Tuthill Houston: thence along
said last mentioned land South 830 10' 00. East 207.00
feet to a monument on the ordinary high water mark of
Cutchogue Harbor: thence along the ordinary high water
mark of Cutchogue Harbor, on a tie line course bearing
South 070 28' West 131.38 feet to a point on the bulkhead
of the basin on Cutchogue Harbor: thence along said
bulkhead the following two courses and distances: (1)
North 660 30' West 75.24 feet: (2) North 600 48' West
48.09 feet to a point on the northerly side of Jackson
Street: thence along the northerly side of Jackson Street
North 830 10' West 89.00 feet to the corner aforesaid,
the point or place of BEGINNING.
The above described premises are the same premises
as Parcel I on a deed recorded in the Suffolk County
Clerk's Office in Liber 8662 page 347.
Also referred to as Suffolk County Tax Map Designation:
District 1000: Section 117.00: Block 08.00: Lot 019.00.
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B. (1) The building marked as Building No. 1 on the attached
map (labeled Exhibit 1) is structurally unsafe and
dangerous and as such constitutes a hazard to safety
by reason of inadequate maintenance, dilapidation,
obsolescence and abandonment. In particular the
door on the southerly portion of the building has
been removed and the window on the northerly portion
of the building has been removed leaving the interior
portion of the building exposed to the weather;
the foundation has rotted leaving the building
structurally unsupported causing the building
to lean in a westerly direction.
(2) The two-story building marked as Building No. 2 on
the attached map (labeled Exhibit 1) is structurally
unsafe and dangerous and as such constitutes a hazard
to safety by reason of inadequate maintenance, dilap-
idation, obsolescence and abandonment. In particular
there are large holes in the easterly wall of the
building and doors have been removed exposing the in-
terior to the weather; the foundation has deterio-
rated so it is no longer adequately supporting the
building.
(3) The garage marked as Building No. 3 on the attached
map (labeled Exhibit 1) is structurally unsafe and
dangerous and as such constitutes a hazard to safety
by reason of inadequate maintenance, dilapidation,
obsolescence and abandonment. In particular there
are holes in the roof and the windows and doors have
been removed exposing the interior to the weather;
the foundation has deteriorated to the point where
it is no longer adequately supporting the garage.
c. You are hereby order to either: demolish and remove the
remains of the building marked as Building No.1, the
two story building marked as Building No.2, and the
garage marked as Building No. 3 on the attached map
(labeled Exhibit 1); or immediately board up these
structures in order to prevent any further deterioration,
and properly fence and secure the perimeter of the pro-
perty to prevent unauthorized people from entering upon
the property. After this is accomplished if you choose to
rebuild and refurbish these structures, 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.
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E. In the event you fail to comply with the above, a hearing
will be held before the Southold Town Board concerning
same at 10:00 A.M. on October 23, 1984.
F. If the Southold Town Board after the aforementioned
hearing shall determine that the remains of the structures
are unsafe or dangerous to the public, the Southold Town
Board may order the remains of the structures taken down
and removed.
G. In the event the remains of the structures shall be deter-
mined by the Southold Town Board to be unsafe or dangerous
and in the event of your neglect or refusal to remove or
correct same within the time provided, the Southold Town
Board may remove such structures by whatever means it
deems appropriate and assess all costs and expenses in-
curred by the Town of southold in connection with the
proceedings to remove and secure same, including the cost
of actually removing the structures from the premises,
against the land on which the said structures are located.
a.4~#--: 7p~~
Curt1s W. Horton J
Building Inspector
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RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD. P. O. BOX 973
CUTCHOGUE, NEW YORK 11935
TELE:PHONE: 516 734-6807
September 20, 1984
Town of Southold
53095 Main Road - Town Hall
Southold, New York 11971
ATT: Judith T. Terry, Town Clerk
RE: Southold Development Corporation
Dear Mrs. Terry:
As you know, a Town Board hearing has been scheduled on
the above-captioned matter for Tuesday, October 23, 1984,
at 10:00 A.M., and accordingly, I am enclosing the following:
1. Notice Pursuant to Chapter 90 of the Code
of the Town of Southold dated August 30, 1984
signed by Curtis W. Horton.
2. Affidavit of Service by Mailing and Posting
sworn to by Curtis W. Horton on September 20,
1984.
If you require any additional information or have any questions,
please do not hesitate to contact me.
V~1Pc;P
Rl.chard F. Lark
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Enclosures