HomeMy WebLinkAboutOLD MILL INNHENRY P. SMITH
JOHN M. BREDEMEYER, III, President
John Bednoski, Jr.
ALBERT KRUPSKI. JR., Vice-President
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 728
Southold, New York 11971
TO:
FROM :
RE:
DATE:
Bay Constables Donald Dzenkow~ Kent McCarthy
President John Bredemeyer,
Old Mill Inn
February 11, 1988
Please contact Mr. Fred Liska, Suffolk County Health Department, Food
Control Unit at 548-3076 concerning the status of the Old Mill Inn, Mattituck.
If the Health Department has a closure in place, kindly secure a copy of same
and discuss with Victor Lessard the potential revocation of the business C.O.,
should the owners intertain reopening illegally.
As per my conversation with Charles deQuielfeldt, N.Y.S.D.E.C. on 2/10/88,
please coordinate future potential inforcement on this site with E.C.O., philip
Obenauer.
cc:
Victor Lessard, Admin., Building DeFt.
Charles deQuielfeldt, N.Y.S% D.E.C.
Town Attorney
David Rosenburg
ROSEN ~¢ ROSENBERG
~ 16-47~-6100
March 14, 1988
Board of Town Trustees
~m of Southold
Town Hall 53095
Main Road
P.O. Box 728
Southold, N.Y., 11971
ATT: President John Bredemeyer, III
RE: Old Mill Inn
Dear Sir:
Please be advised your Memo to Bay Constsbles dated February
11, 1988 was recently forwarded to me. Apparently, a great deal of
confusion and misinformation has been circulated regarding the Old Mill
Inn. To say that the Suffolk County Health Department has
uncooperative is a gross understatement. THERE IS NO HEALTH DEPARIMENT
CLOSURE IN PLACE. In fact, New York State Supreme Court Justice Harry
Richard Brown specifically enjoined and restrained the Health
Department frc~ closing the Old Mill Inn. A copy of this Court Order
is enclosed for your information.
As you may recall, I appeared with my brother before your
Board approximately ene year ago requesting permission to upgrade the
septic system at the Old Mill Inn. In fact, in May of 1987 all
applicaticzus for voluntari!v upgrading the septic systems at the Old
Mill Inn were submitted to the Suffolk County Department of Health. No
action whatsoever was taken with respect to these applications until
the end of October. In fact two permits are necessary with respect to
installing new septic systems. First;Suffolk County Department of
Health must approve the design and second; Suffolk County Department of
Health as administering agent for New York State Department of
Environmental Conservation must issue a permit for the operation of the
septic system. Suffolk County Health Department failed to issue the
second permit for the operation of the system until the last days of
1987.
ROSEN 8¢ ROSENBERG
-page two-
F~rch 14, 1988
The Suffolk County Health Department attempted to close the
Restaurant just prior to Christmas. After a hearirg in Supreme Court,
Justice Brown found the Health Department had overstepped its bounds
and acted unreasonably.
AS
attemptL~ to
This voluntary
where their
environment?
concerns were
you may know, my brother, David Rosenberg, has been
move the cesspools on the opposite side of Mill Road.
action will cost him in excess of $25,000.00. How many
the Town of Southold, or any where, put their money
mouth is to this extent in order to protect the
I recall appearing before your Board and environmental
raised. These same concerns are the motivating factor
for my brother attempting to move these septic systems. AS an attorney
I will handle this matter in the appropriate fashion.
Lastly I would note that several of the news articles that
have appeared in the local press are inaccurate. In the event you wish
to obtain any further facts concerning applications made by my brother
on behalf of the Old Mill Inn or any other information or documentation
regarding this matter, feel free to contact the undersigned.
Very truly yours,
BY. ' ~_~ ~ a~- '
This letter was dictated prior to our conversation of
I4arch 15, 1988.
At a Special Term, Part 2 of the
Supreme Court of the State of
New York, held in and for the
County of Suffolk at ~i);erhead,
New York on the ~/c%~lay of
~, 1987
PRE S ENT : Hon. Harry Brown
Judge
OLD M/TI, INN OF MATiTIUCK INC.,
Petitioner,
-against-
SUFFOLK COUNTY DEPARIMENT OF HEALTH,
-X
Index No. 87-25.288
ORDER
Assigned to:
Hon. Daniel F. Luciano
Upon the Order to Show Cause signed by the Honorable Jack J.
Cannavo on the 16th ky of December, 1987, the Verified Petition, the
Affirmation of Ted M. Rosenberg, Esq., and the exhibits annexed thereto, and
after a hearing held on the adjourned return date of December 23, 1987, in
front of the Honorable Justice Harry R. ~rown before whom the Suffolk County
Attorney by Derrick RObinson, Esq., on behalf of the Respondent and Ted M.
Rosenberg, Esq., on behalf of the Petitioner and the Petitioner having
appearing before me, it is hereby
ORDERED that the Notice of Closure dated December 21, 1987 is
hereby revok__~, rescinded and declared void; and it is further
ORDERED, that the Suffolk County Depa~-~ .~nt of Health, its
agents, employees, and attorneys is stayed and temporarily restrained and
enjoined fr~m rescinding or revoking the Petitioner's permit to serve food or
beverages without further Order of this Court, and it is further
ORDERED, that the Suffolk County Sheriff is stayed, temporarily
restrained and enjoined from enforcing the Notice of Cl°sure dated December
21, 1987 without ftlrther Order of this Court.
GRAN Eu
ENTER:
Justice
111,
0
FENCE'
NOTE: III = MONUMENT
SURVEY FOR
WILLIAM BOSCOLA Jr. 8~ DOROTHY A. BOSCOLA
AT MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
4tUNAUTHORIZED ALTERATION OR' ADDITION TO THIS
SURVEY IS A VIOLATION OF SECTION 7~'09 OF THE
NEW YORK STATE EDUCATION LAW,
~ COPIES OF THIS SURVEY NOT BEARING THE LANO
SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL
NOT 8E CONSIDERED TO SEA VALID TRUE COPY.
~GUARANTEES INDICATED HEREON SHALL RUN ONLY TO
THE PERSON FOR WHOM THE SURVEY IS PREP&RED,
AN0 ON HIS BEHALF TO THE TITLE COMPANY. GOVERN-
MENTAL AGENCYAND LENDING INSTITUTION:LISTED
HEREON,AND TO THE ASSIGNEES OF THE LENDING
INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE
TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT
OWNERS
N.,'11STANCES SHOWN HEREON FROM PROPERTY LINES
TO EXISTING STRUCTURES ARE FOR A SPECIFIC
PURPOSE AND ARE NOT TO BE USED TO ESTABLISH
PROPERTY LINES OR FOR THE ERECTION OF FENCES.
DATE : ~A¢IUARY3,1985
SCALE: ~*'- 40'
NO. : .;El'- 1078
YOUNG a YOUNG
ALDEN W. YOUNG, PROFESSIONAL ENGINEER
AND LAND SURVEYOR N.Y.S. LICENSE N0.12845
HOWARD W. YOUNG, LAND SURVEYOR
N.Y,S. LICENSE N0,45893
400 QSTR.~NDER AVENUE
RIVERHEAD, NEW YORK