Full Transcript
Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you, sir. You're very welcome. Hey, do we have somebody here for invocation today, Councilman? We do. We are honored to have from the Riverhead Corpse Community Center, we have Lieutenant Togara to lead us in our invocation this afternoon. So, Lieutenant, if you would like to come forward, it would be greatly appreciated. Thank you.
Good afternoon. Good afternoon. Let us pray. Almighty God, we gather here this afternoon with grateful hearts for the gift of community. This town, with its people, history, and promises, is more than just a collection of buildings and roads. It is a home, a place where lives are woven, and where we can all join together in friendship, responsibility, and hope. As this board begins its work, we pause to seek wisdom that is greater than ourselves. Grant each leader here clear thinking, steady hearts, and the courage to act for the good of all. May their words be respectful, their decisions fair, and their wisdom extend beyond the current moment to future generations, who will inherit the results of today's efforts. We ask for blessings in every household in this town. Bless the children in our schools, the families, the elders who carry our stories, and the workers who build, protect, and serve. We remember with care those who struggle quietly with illness or uncertainty about the future. May this community never forget its responsibility to care for the people, and to care for the most vulnerable. Grant us patience during difficult discussions, and unity when perspectives differ. Remind us that disagreement does not have to lead to division, and that true leadership is measured by service, not by victory. Help us see beyond individual interest to the common good, and beyond today's challenges to tomorrow's opportunities. We thank those who serve in this town, who are in public safety, health care, education, and countless unseen roles that keep our town strong. May their dedication be appreciated, and their needs be met. May today's meeting be productive, respectful, and forward-thinking. Let every decision made here help build a town where justice is upheld, kindness is shown, and neighbors coexist peacefully. And finally, may everyone gathered here live with a renewed sense of purpose, and a stronger commitment to the people we serve. We ask all these things in your mighty name. Amen. Amen. Thank you very much, Lieutenant. Thank you for your work with the Salvation Army. Okay, we have announcements. We're very excited for everyone to see the new and improved town website. That airs tomorrow, September 4th, at around 11 o'clock. We'll be launching the new website. So be patient with us. It launches at 11. As with any new item, when it first comes up, there may be a few little things we have to straighten out. But I promise you, you're going to like it. You're going to like the format. And it's so much easier to navigate and find things that you're looking for. So, thank you. And find things that you're looking for. So, we've been working on this for months with the company. And we're very excited that it's finally coming to fruition. I want to thank our IT department and Chip Kremborg and his staff, because they did a fantastic job rolling over all the data from the old website and creating new content and training for the employees. Chip's in the back there. Thank you, Chip. You guys did a fantastic job. We appreciate it. And we're looking forward to tomorrow. Thank you. And we'll be back with the new website. Saturday, September 6th, Racetrack Knot Street, summer events 1 to 10 p.m. That's up at the EpCal runway. And Sunday's event is canceled. And then Saturday, September 6th, is also Jamesport Firefighters Boot Drive. And that will be at the intersection of South Jamesport Avenue and Main Road. And it will go on from 9 a.m. to 11 a.m. on Saturday. With that, I'm going to go to Clerk Wood. Clerk Wood, and ask, do we have any correspondence and reports? Yes. On the correspondence, we received several letters, one from Harry Gilliam in reference to the community benefit zoning. We received numerous regional letters promoting the motocross, a space out of the work session we had last week. And we received a letter from Daniel Stanton in reference to 39 Pie Lane, in reference to today's program. And that concludes the correspondence. And there are no reports for this meeting today. Okay. One more item is the Polish Hall will be hosting a lobster fest Sunday at 1 30 at the Polish Hall on Marcy Avenue. That's one more thing. That's one more item going on or one more thing going on this weekend. I think probably most of us will be down at that. So we'll probably see you down there Sunday if you stop down. It's always a good time. And they have chicken also. And they do have chicken also. That is true. But I always want to sit next to the guy who doesn't like lobsters. And when he gets it, he slides it over to my plate. It would be me. It's more about the butter. It's more about the butter. All right. We have two public hearings on for today. The first one is scheduled for 2 o'clock. It is now 2 o'clock. It is now 2 o'clock. It is now 2 o'clock. It is now 2 o'clock. It is now 2 o'clock. It is now 2 o'clock. They're going to be my witnesses for today's public hearing regarding an unsafe structure at 39 Pyleen in South Jamesport, New York. Daniel, you just want to bring the mic down a little bit. You can have a seat right there, guys. There you go. So, yes, there you go. Okay.
Okay. I would ask that the town attorney please swear in my first witness, Hernan Ruarez. Where is your right hand? Do you swear to tell the truth, the whole truth, nothing but the truth, so hope you got it. All right. Thank you. Officer Ruarez, please state your full name and full title for the record.
And how long have you served as code enforcement officer for the town of Riverhead? Four years right now. Do you hold any certificates? Do you have any qualifications related to code enforcement within the state of New York? Yes, ma'am. Can you explain what they are? I am a code enforcement officer that implies a state and town code. And what are your responsibilities as part of the town's code enforcement division? I ensure compliance with town code by investigating complaints. Okay. And are you familiar with the property located at 39? Pyleen and South Jamesport? Yes.
And have you reviewed the deed on file for this property? Yes, I have. Okay. If I could ask the witness to look at what's been marked as Exhibit A.
Officer Ruarez, can you explain what the document is in front of you? Yes, ma'am. This is the deed for the property, 39 Park. And is it a true and as to your knowledge, is it a true and accurate copy of the deed? Yes, it is. And who is the current record owner? The current owner is Wendley King Trust with anything else being Wendley listed as the trustee. Okay. And what is the deed? I don't know. It's a record. Do you know who the prior owner was? My understanding was Andrew Wendley. Now the gentleman is deceased. Okay. Thank you. And if I could have you hand that up to the town attorney who will then hand it to all the members of the town board before being held by the town clerk, and I ask that it be recorded into the record. Okay. Okay, Officer Ruarez, approximately when did the deed go on record? It was on October 30, 2011. Okay. And what is the date of the deed? It was October 30, 2011. Okay. And what is the date of the deed? It was October 30, 2011. Okay. And what is the date of the deed? It was October 30, 2011. Okay. And what is the date of the deed? It was August 30, 2011. Okay. And what is the date of the plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea about abandoned property, dilapidated structure. Okay, and aside from the unsafe structure before us, have you issued any other notices of violation for this property? Yes, I have. And what was that? One was a blighted property and also property maintenance. And who were those issued to? It was issued to the owner, Danielle Wendley. Okay, what was the total point value assigned in that blighted property evaluation? The total came out to 570 points, which is over the threshold of 100. Okay, so the threshold is 100 points? Yes, ma'am. Okay.
After you mailed the notice to Danielle Sabina Wendling, trustee, did she respond to that notice at all? We had been in communication email, via email, and that was about it. And what did she say in that email? Just to get information about how she can
clean up the property, which ways can we go to help her out. And where does she, did she mention where she resides at all? Yes, she resides in Germany. Okay. And did you observe any activity, any activity that was happening in the area? No, I didn't. I didn't see any activity. Okay, and did you observe any activity that was happening in the area? No, I didn't. I didn't see any activity. Okay, and did you observe any activity that was happening in the area? No, I didn't. I didn't. Okay, and did you see any activity on the site following your communication with her? Yes, I have. I did see a contractor cleaning up the property, but also doing work on the structure. And would you say that was around September of 2024? Yes. Okay. And did that work that you saw the contractor do, did that correct the blighted condition of the property? Partially, it did. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. We fixed it and fixed it. from miss Wendling regarding this event just few emails again asking which way can we can help her out okay and did there come a time when you observed unpermitted structural work being performed on the property yes I did and when was that that was September 2024 they contract on site again doing some work on the blighting conditions of the property and do you know who was performing the work at that time yes the gentleman's name was his name was Jack Thomas helping who was working for coastal primary properties management LLC he stated that he was hired by the owner and what kind of work was he doing he was doing structural repairs to the building without permits were parents tickets issued in relation to this work that was done without permits yes it was it was issued to the contract and what is the what happened after that was the matter brought to Justice Court yes as far as I know what is stealing the Justice Court but there's still no building permit or any site plan with building and with respect to the unsafe structure before us today did you conduct another inspection of the structure yes I did and when was that it was around May 14 2025 and was anyone with you yes I was with the town engineer can test that and what was the result of that inspection the structure at the moment was the unsafe by myself and mr. tester and did you post a notice of unsafe structure on the property pursuant to town code yes I did I'm gonna hand the witness what's been marked exhibit B officer Wallace can you explain the document that's before you exhibit these the notice of posting notices for unsaved structure and is this a true or inaccurate copy of the notice you preview prepared and what date did you post this notice and how is it posted it was supposed to go in a document protector structure one of the entrances of the structure the front of back entrance uh the front did you okay so at this point if um you can hand that up to the town attorney and around ending with the town clerk clerk please thank you and officer ruelas did you document the posting that you just described with photographs yes i did
so
okay i'm handing hold on one second sorry okay uh sorry was that notice mailed via certified and first class mail to the last known address of the owner yes it was uh was it done by both methods that i just explained oh yes it was and did the certified mailing receipts come back yes it was
okay i'm handing the witness what's been marked as exhibit c
okay officer ross can you explain the documents in front of you yes this is the receipts from the certified mailing that was sent to the owner danielle savine welton and and those are the originals yes they are and for the record can you tell me who signed the cert their cert certified mailing that was sent out it's uh right now it came right after my office office office office office ! Local Local ! Local Local Local
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regarding this matter? Yes, it was. And what date was that scheduled for? It was August 5th, 2025.
Okay, I'm going to hand up what's been marked as Exhibit D.
Okay. Officer Ruiz, is this a true and accurate copy of the resolution you just mentioned? Yes, it is. And to your knowledge, was the notice of the public hearing published by the town clerk? Yes, it was. And did you personally visit the property to post the public hearing notice? Yes, I did, ma'am. And when did you do that? The posting was
it was on August 6th, 2025. And where did you post that notice? I posted it on the tree at the entrance of the property so the public can see the posting. And did you document where you posted the notice with photographs? Yes, I did. Handing the witness what's been marked as Exhibit E. Sorry, if you could just repeat that. Okay. You can hand that exhibit around. Thank you.
Officer Ruiz, can you explain the document in front of you? Yes, this is a photograph of the posting on the tree at the entrance of the property. And who took those pictures? I did, ma'am. And do those pictures represent a fair and accurate rendering of the day it looked when you took the pictures? Yes, ma'am. If I could have you hand those around. Thank you. Have there been any recent developments regarding any new conversations with the owner of the property leading up to today's hearing? Yes, I would say that property leading up to today's hearing yes i emailed mrs wendley on august 28 25 after she contacted our office and spoke with our secretary pam holtz she is advised currently she advised us that she's currently living in germany and she's not able to be at the hearing today did you provide her with instructions on how to access the town board meeting via zoom yes i have i provided the email the link for the soon and also the public hearing notice and um since then has the town uh since the initial initial complaint has the town received any recent and new complaints regarding the property yes we have it was complaints where that was at the property is still a lack of maintenance also the unsafe structure um did you receive any complaints from a neighboring property owner yes we did we receive a no a complaint a concern from neighbor neighbors in the area and what were those concerns relating to uh one was this structure and also now we have the bulkheads of the property and what's the issue with the bulkheads the bulkheads are in disrepair conditions right now at the moment it represents a danger hazards for the public and um you know this because you visited the property after miss after the neighbor's complaint yes DID YOU VISIT? WE VISITED AUGUST 28, 2025 WITH TOWN ENGINEER TEN TESTER. WE VISITED AUGUST 28, 2025 WITH TOWN ENGINEER TEN TESTER. AND BASED ON THAT INSPECTION, DO YOU BELIEVE THE CONDITIONS CONSTITUTE AN UNSAFE STRUCTURE PURSUANT TO RIVERHOOD TOWN CODE? UNSAFE STRUCTURE PURSUANT TO RIVERHOOD TOWN CODE? YES, MA'AM. MYSELF AND MR. TESTER WERE INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN THAT INVOLVED IN conditions you witnessed is it safe to deem that as well an unsafe structure pursuant to town code it is a separate complaint but it's still using open investigation at the moment the ball kids and on save a structure okay and then the public health safety and welfare of the community yes ma'am probably remains in actually is getting worse by today and we definitely recommend for the structure to come down okay thank you I have no further questions for this witness I defer to the public health safety and welfare of the community to the town board if any questions we just made available by zoom but can we just confirm with this chip is there anybody on zoom that wanted to speak on behalf of the defendant in any way okay I just want to know they were invited on zoom I just want to make sure there's nobody attempting to sign in currently on so okay so my understanding from chip our head of IT you're the one who's going to be talking to the town board if there's any questions about this and wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would ๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo wouldๆฒo would Mr. Testa, you mentioned tickets were issued. Can you just give us a date when those tickets were issued? These were issued against the contractor for unpermitted work? Yes, ma'am. It was about May of 2024. Yeah, May 22nd, 2024. Yeah, May 22nd, 2024 was issued to the contractor. Okay. Thank you.
Hernan, of all the fines been paid that we've issued? I believe he has, sir. I would have to talk to Town Attorney Victoria Pill. Thank you. I believe you said the tickets are still outstanding in Justice Court. Justice Court. I haven't been able to issue any solvences to them. I don't know because obviously she's not here in the States. They did go off for service, but they can't return us. I'm able to serve her. And I just wanted to ask a request of the town clerk if there are any correspondence in your system relating to this structure that came in. I would like to mark those into the record. There was one letter. That came in. It was made part of the record as far as the agenda goes. That's been published. It was from a, I guess, a neighbor that had photographs of some conditions on the property. It was from a Daniel Stanton. Great. Okay. I would like to have that marked as Exhibit G. Okay. Thank you.
If there are no further questions for Officer Ruales, I'd like to... I ask the town attorney to swear in Kenneth Testa. Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? So I hope you got it. I do. All right. Please state your full name and full title for the record. Kenneth Testa, town engineer for the town of Riverhead. And are you a licensed professional engineer in the state of New York? Yes, I am. And are you also certified as a New York State Code Enforcement? Yes, I am. And can you briefly describe your background and experience in structural inspections? Sure. I hold bachelor and master's degrees in engineering, and I have over 40 years of professional engineering experience. I performed over 50 structural and unsafe structure inspections in my time with the town. Thank you. And did there come a time where you conducted an inspection of 39 Pye Lane? Yes, I did. And on what date? That would be May 14, 2025. And was anyone present with you during this inspection? Yes, Code Enforcement Officer Hernan Rouse. And what was the purpose of that inspection? To evaluate the structural integrity of the existing structure on the property and determine whether it constitutes an unsafe structure under town code. And did you prepare... Were there a written structural condition report based on that investigation? Yes, I did. I'd like to have the witness look at an exhibit marked Exhibit F.
Mr. Tessa, can you explain the document in front of you? Yes, this is the structural condition report that I prepared after my inspection of the property. And do you have copies to provide to the members of the town board today? I do. I ask that you hand them up and hand the exhibit to the town clerk, please.
How many copies do you have? I got enough. Okay, I'll take one. Thank you. Sure. Oops. Okay. Thank you, sir. Sure. Thank you. Thank you, Mr. Tessa. Thank you.
And Mr. Tessa, who took the photographs attached to your structural condition report? Sorry, who took the photographs? I did. And the photographs attached to your report represent a fair and accurate depiction of the site and the conditions on the day that you inspected the property? Yes. And you prepared a PowerPoint presentation for today? I did. And does the presentation align with the contents and conclusion in your structural report? Yes. Okay. And if you could kindly walk us and the town board through your presentation. Sure. The first paragraph just reiterates my qualifications that I've already covered. The subject structure located at 39.5. The building is a two-story, partially constructed house that has remained highly exposed to the elements and consists of only interior framing, exposed exterior sheathing, and many wide open window and wall openings. The detailed inspection was performed at the request of the town attorney's office of code enforcement due to concerns regarding the potentially unsafe existing condition of the structure and surrounding property, which is posing a threat to the property. The building is located in a residential neighborhood and remains unoccupied and only partially constructed. Nearly the entire south face of the house is wide open to the elements, posing a serious risk of wind uplift on the roof and walls, which could result in flying debris in a high wind event. The house is also clearly in a state of structural instability with wide openings in walls, temporary bracing of internal structural members. The building is located in a residential neighborhood and remains unoccupied and only partially fixed and fixed and fixed and wind as well as unauthorized access by neighbors neighborhood children and or vagrants thereby posing a serious risk of injury there are clear signs of water absorption into wood sheathing and timbers within this structure which makes any reuse of these timbers and wood components impractical in addition should this vacant partially constructed structure catch fire due to trespassers vandalism lightning or other sources of ignition the neighboring home which is in close proximity and I get a reference photographs which will go through to this structure could be endangered along with any emergency service workers responding to such an event there is also evidence that the brick chimney on the structure is not adequately secured to the sheathing or framing posing a hazard to the adjacent home and I go through each section of the building the building envelope which consists of the exterior wall the building envelope consists of mainly exposed wood plywood sheathing which has remained exposed to the elements for several years allowing water to penetrate the wood causing buckling and delamination of the plywood all four exterior walls have window openings that are allowing rain snow and wind as well as vermin to enter and also creates the potential for neighborhood children or others to gain access to the very dangerous interior of the structure you can see this structure being fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed wall is wide open it was also noted that the brick chimney on the west side of the house appears to be inadequately attached to the sheathing of the house with some separation apparent and I'll reference that again in photo 6 this poses a risk of damage to the adjacent house should the chimney pull away from the home interior multiple areas of the roof are wide open with some sections failing allowing water snow and wind to enter and damage interior timbers and flooring this water damage has rendered the reuse of this lumber and practical due to weakening of the timbers and other non weather resistant internal would components wall show signs of structural failure and water damage as evidenced by discoloration bowing sagging temporary supporting and failing fasteners there are also missing stairs and other openings to the second floor and fixed fixed
to pose a serious fall risk to anyone that enters, including children and emergency service workers, should an emergency situation arise. Water intrusion has also weakened an exposed floor, wood sheathing, thereby creating the potential for someone to fall through the floor or the flooring to be ripped up and thrown about in a wind event. One entire roof section was found to be held up by a temporary, undersized, and improperly attached two-by-four, posing a serious risk of collapse or uplift, and we'll see that in photo 18. The exterior surrounding property around this house is littered with construction and other debris, including lumber with nails sticking straight up, see photos 25 and 26, that pose a dangerous condition should children or others encounter these hazards. I almost stepped on one myself. The property is totally exposed with no fencing or other means to keep children, vagrants, or others off the property and away from these hazards. During my inspection, I found it extremely difficult to safely navigate my way around the property due to the amount of debris and dangerous conditions. And I'll cover the summary after we go through the pictures. So let me just get into the pictures here. Alright, so the first photo is a photo of the south face of the structure, showing that nearly the entire south face, is wide open to the elements, and it's surprising that wind has not gotten underneath that overhang and lifted it up. This is not really very well supported. So you can see there are massive openings in the exterior of the building, and homes are generally not built to prevent uplift, unless they're properly designed with hurricane clips, which I didn't see any evidence of. Photo 2 is the north side of the structure, also in the south face, and it's quite a bit of a stretch, but it's quite a bit of a stretch. Photo 3 is also showing all the wide open openings for what I assume was going to be windows at some point. The lower level looks like it was an existing portion of the existing house that was there, and the rest of it has been built up off of that. Photo 3 is a shot of the west side of the home, which is the side of the home facing the neighboring house. I think that's depicted a little better in one of the upcoming photographs, but again, you can see there are wide open, opening to the side of the building, and you can see the plywood in the upper section has discolored, turning gray, which is a sign of absorption of water, thereby damaging the timbers. Photo 5, we have broken glass windows that are greatly exposed to anybody walking around the house, or to any children that might access the property. Photo 6 shows the neighbors. Photo 6 shows the neighbors. shows the neighboring house's close proximity on the west side of the structure. And if you can take a look at the, where I highlighted it in red, it's pretty evident that the chimney is really not very well attached to the sheathing on the side of the house. And the next photo shows it a little better. You can see there's a pretty wide space there, and I was able to look right through to the other side of the chimney, and I didn't see a lot of fasteners on it. That's a little worrisome. Photo eight is a picture of the lower section of the interior of the house, and you can see again water has accessed the structure. The insulation is hanging down. There's debris scattered throughout. Photo nine is a shot of the exterior showing the debris that exists around the entire property, and you can see the remnants of a fence with fence posts sticking up that are also creating a dangerous situation should anybody fall on them. This is just a shot of the west side again showing the home next door and all the debris and garbage that exists between those two structures, and that's where I found sheets of plywood with nails sticking up, which I think I have a photograph of in here somewhere. This is a photo from the south side of the house, the Peconic Bay side, looking up, showing clearly that it's wide open. You can see the skylights. You can see the roof joists at the top of the picture. Wind getting up in that. It's like a sail that could very easily be blown up in a hurricane, which would throw the debris throughout the neighborhood. This is another shot showing that the sockets are wide open, allowing wind to get in. Trying to keep up with myself here. There we go. This is another view. This is a view showing the openings in the wall as well as the wide open to the sky of the roof. Wide open. You can see a portion of the roof in the window around midway where it's not really adequately attached to the rest of the structure. A little bit more of a close-up view of that. The view of the roof again showing that some of the wood structures have begun to rot. And that they continue to be exposed to the elements and wide open to potential wind uplift. A little hard to read this, but I'm showing water damage. The one circle is showing water damage. So all of the roof timbers, the lower red circle that I made there on the lower left is showing, if I could zoom in on it, that there are nails. All of the nails that are holding that plywood to the framing have pulled out. They're sticking out about an inch. So there's really no strong attachment there. And that other one all the way to the right just shows that that connection is really not structurally sound. Where we have some joists not sitting on top of the supporting 4x4 post but up adjacent to them. A picture of the inside. Again, showing it's wide open to the elements. You can see some rot in the roof. Elements, you can see some discoloration of timbers which is an indication of water absorption.
This one's showing a whole roof section that's sitting on a 2x4 there where I have it circled. Which is really not, in my opinion, an adequate support. It's probably temporary. This is a picture internally also. That's a stair landing with a post jammed up at an angle holding it up. The stairs are gone. Anybody that finds a way to that second floor, if it was dark, could walk right off of that and fall down to the lower level. This is just a little bit more of a close up of that. Looks like a stair landing, temporarily supported.
This one is showing some, again, another shot lower right of that temporary support on the stair landing and the one on the top is just showing again that that whole roof section is sitting on a two by four this picture is showing some what I would consider not code-complied construction there's tongue and groove rotting flooring underneath OSB plywood type flooring so if that lower tongue and groove continues to rot the floor will become soft and spongy it's not really going to probably support the walls that's going to sit on top of it and there's a joint in two of the side rafters there side beams that are sitting on a piece of four by four that's split and rotting as well make sure of the construction debris all around the property blocks ladders rebar sticking up out of the ground this is just a picture of some rotting sheathing that that's on the west side of the property that's being used the whole back there are kind of a temporary retaining wall all rotted and deteriorated this is the piece of plywood that we found on the west side with nails sticking up and a close-up of those nails we all stepped on them while we were walking around and there was right on the Side of the house where there's a neighbor at home Internal shot of ceiling insulation falling wires piping hanging Water intrusion throughout the whole lower level of the structure Just another shot of Conduit and insulation hanging down and there's some plumbing there that has duct tape on it to the right in the back I think Pictures is that in my professional opinion as a licensed professional engineer and certified New York State Code enforcement official That this structure is in very poor condition with signs of possible possibly structurally compromised temper components to the water damage a very serious wind damage potential due to numerous openings in the walls and Roots which could result in windblown debris that Damage neighboring homes cars and persons there are numerous hazardous conditions both inside and outside including debris with protruding nails nails pulling out of lumber broken glass windows poorly supported brick chimney leading towards the neighboring house fall hazards the condition of this house and surrounding property poses a serious safety hazard to neighboring homes and Anyone that may access the property or house including emergency service workers as such it poses a danger to the health and wealth air of the public and presents a danger to anyone entering the building including children police or fire personnel This structure also presents a public health hazard due to the potential for rodents and vagrants So enter and occupy the building is was the possibility of injury to emergency service workers should a need arise To access the building it also poses a serious fire risk to neighboring houses should it catch fire due to lightning Squatting or other possible sources of ignition after careful inspection? It is my further opinion that the existing timbers in this structure are past the point of reuse Having been saturated with rainwater and snow there are clear signs of water penetration into sheathing and timbers Which has degraded the structural strength and potential for reuse and as such it is my recommendation That this structure be demolished and the site be cleared of any and all debris as soon as possible The last page is just by certification Thank You mr. Testa Just following up. Did you also accompany officer Ruales on August 28? 2025 to inspect the bulkheading and electrical I did and What was your? determination from that inspection on the bulkheading was found to be in a serious state of deterioration exposed tie rods exposed bolts Rotted timbers and pilings. I have some pictures if you would like me to blow through them quickly Yes, I went quickly yes. Yes. Yes. Okay. I won't I won't belabor them but you'll get a pretty good sense of Alright, let's see if I can do this slideshow or beginning Okay Okay Okay And that's not gonna be right. Why is it doing that? There we go. Okay. This is just a picture you get a general sense I'll go through pretty quickly, but you'll get a general sense that the bulkheading is severely deteriorated And I'm not sure if you can see it But I'm not sure if you can see it But I'm not sure if you can see it But I'm not sure if you can see it But I'm not sure if you can see it Otherwise, it would be sick Otherwise, it would be sick Otherwise, it would be sick Otherwise, it would be sick
Otherwise, it would be sick Otherwise, it would be sick Otherwise, it would be sick Otherwise, it would be sick
Otherwise, it would be sick But you get a general sense that it is definitely in bad shape. And is it your professional opinion that this as well constitutes an unsafe structure? Yeah. It could potentially fail and cause the earth behind it to cave out. Okay. Thank you for your testimony. I defer to the town board if they have any questions for this witness. Ken, I have a question. Do we look in to see if the property is insured? I mean, what happens if this house fall or debris flies into a neighbor's house? What happens to that? That's a really good question. I don't know if they have insurance. That's one. Two, if the bulkhead does give way, right, that's also going to affect the neighboring properties, correct? Because it's going to wash it down and then the water is going to intrude on other properties. Yeah, that's about five foot high. And the neighbor to the west joins into that bulkheading. So any failure of this bulkheading would obviously cause the neighboring property to cave in. And then even worse on the east side, you can pull the photo. We're off the photo as well. Actually, you can kind of see in the front as the bulkhead is returning, there's a property on this side, our side of that bulkhead that's down at beach level. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. color. So if this piece failed, all of their earth would fall into that space. So I'd go back to insurance. Pretty disaster. Yeah. Who's covering that? I mean, who's liable for that? My guess would be that there is no insurance on it because it was a zero consideration deed, so it just transferred from one to another. And since there's no mortgage on it, who would know any better to say that they needed to have it? Unfortunately, you know, for us to do anything with this would mean getting a DEC permit, of course, which, you know, we could probably expedite. But then the only way to really deal with it would be to replace it. And you really can't take it out because you lose all the earth behind it. We would have to systematically change it in sections. It would be an expensive venture. My concern is with the chimney. I mean, it really doesn't look attached to the house at all, and it's not far from the neighboring house. Yeah. Also, is the unpermitted work that what we see in these photos? Is the unpermitted work, the tickets that were issued, is it for the work we see in these photos? Yeah, somebody was working in there. From what I understand, there were no permits, but I saw signs of what I would consider not code-compliant construction. Maybe it was temporary bracing, but there are places where there are support posts, not under the supporting beam, supported beam, but rather assisted up to them, which is really not code-compliant. So I don't know, you know, if that was just temporary as they were progressing, or if whoever was doing it wasn't really doing the right job. But the real point of the matter now is that it's been sitting so long, and the lumber has been exposed to the elements for so long that I don't know that it would structurally be wise to build off of it at this point. I really think it should be demolished and start over again.
I have the same concern about the chimney. That chimney, heavy wind, whatever, and with the building continuing to rot, that chimney could go into the neighbor's house. Yeah, and what I could do is, you know, if you so authorize, because I really can't go on the property without authorization, we could go in and put a steel, some type of a steel support to temporarily attach it to the side of the building. There are some connections to it, but there's obvious signs it's pulling away. But with the proper authorization, I could go onto the property and temporarily brace it to prevent it from falling until such time. Where do you get that proper authorization from? Germany? No. No, I think it's, you know, at this point, it doesn't appear the owner is willing to do anything. I think that it needs to be on order of the town board, right? If you pass this resolution, we go in and demolish it. Yes, so just summing up today's hearing, the resolution is for the town board to either, uh, allow the demolition, or they can choose the remediation pathway, which would involve an agreement with the owner. Um, we may hear from the owner. There was somebody on Zoom, and it looked like she had a problem with it here. I understand the owner is on Zoom. So I just wanted to outline what the paths were for the board, but I have no further questions for these witnesses, and I thank the town board for their time. Just financially wise, town takes on the cost of the demolition, and we put a lien on the property, presumably, but my concern is to replace bulkhead would be an astronomical cost to put onto the town. So does, do we proceed with litigation? Do we auction off the property? How do we come up with the cost, you know, the cover of bulkheading, which, which would be a lot of money. I understand, you know, there's a cost to tearing down the house, but that's going to be a lot less significant than the bulkhead. Well, how do we go about obtaining that? Well, it would be the same process as the demolition of the house. So it would just be, you know, whether the town is willing to advance those, that kind of money to address that, and then add that to the tax bill. It would be a significant cost, bulkheading. It probably would. Running like $1,300 a foot is about 60, measured out about 60, 60 to 70 feet, so you're talking, you know, just for the bulkheading. And look into whether there's a way to temporarily support it so we don't have to, you know, get involved in the actual replacement. I don't know that that's practical, but maybe we could run more filing and do something to try to temporarily try to beef it up a little bit. The house is the primary concern, you know, I don't think that bulkheading is going to fail as quickly as I fear the house is going to. Should we get a hurricane? Do we tell it to be public? It could be a sale. Right, perhaps there could be a resolution dealing with the home and its demolition while we try to reach out to the owner to see what their plans are after today's public hearing regarding the bulkhead as a separate issue and if there's no action taken there, then we can, you know, without the need for another public hearing, we can go ahead and address the bulkhead portion. Otherwise, would it be fixed?" Judge Localo?" Judge Localo?" That I don't know.
So just on the property tax issue, what I'll say is, you know, whether the owner pays it or whether, you know, if it's deficient and the owner doesn't pay it, the county actually pays it, and then the county will place a tax lien on the property. So the taxes themselves aren't really a major concern of the town. Well, it's just a horrible eyesight for the neighbors immediately next to it to have to look at that for how many years now?
Looks like 20 to me. That's horrible. I've seen it from. The water by boat, and I feel very sorry for you. Right.
Not to mention how dangerous it looks and how dangerous it was for you guys to go inside that building. I don't know if I would have ever even walked in there with that propped up with that beam like that. That was very dangerous. The other concern is also close proximity to a public beach. Yes, with children. Children. Children. Oh, they're all right there in the photos. Is the owner, have they given you any indication that they want to do something about this or that this, they're abandoning this? Well, the owner's on, right? Owner's on the phone, on the Zoom. Oh. They're from the owner. Taxes are paid. They are paid. If the supervisor would like to open it up to comments from the Zoom. We're going to have to make sure that the owner is open to the public. We think specifically let's go to anybody here on behalf of the owner, the owner herself, if they'd like to be heard on this, and then we'll turn it over to open comment. Okay.
Sure, you can come up. So, my name is Andrew. For the record, I own PSI Construction and Restoration. The owner has asked me to come today. Okay. So, I'm going to be the owner of this building. Literally, I'm walking into a mess, as you guys can tell, to see if there was a way that we could expedite permits to basically strip the structure down to the bare foundation and then rebuild from there. Obviously, I know the rebuild permits, I'd have to apply for the permits and everything else, show my insurance, comp, licensing, and all that good stuff, architect. But our plan was to take the structure back down to the foundation. And then apply for all those permits. So that the property would be not an eyesore to the community anymore. After I just evaluated the property at the beginning of this week to see how bad it really was. And I mean, I don't disagree with the engineer's report at all. You know, that means that chimney should be probably dismantled back down to the base and the whole house. So, the homeowner I know is willing to hire me to do that. So, I just wanted to represent her and let you guys know. Just to be clear, the homeowner has not yet hired you though, right? She has not signed contract yet. So. Does that include the bulkhead as well? No. So, I don't do bulkheading. That was just the housing structure. We're going to need to know that she's making arrangements to shore up the bulkhead. So, just one point that I'll make is the bulkheading wasn't formally part of the No. No. No. No. No. No. No. No. We're going to need to know that she's making arrangements to shore up the bulkhead. So just one point that I'll make is the bulkheading wasn't formally part of this notice. This was just relative to the structure itself. So if we have to do something with the bulkheading subsequently, we'll have to notice that separately and have a separate hearing on it. This is just sort of a collateral discussion overall as to the condition of the property. Could you just spell your last name for me? S-U-N-Y-A-R. Okay. Thank you. You're welcome, sir. Have you done other work for the property owner? No. Where is your business located? So I'm at 198 Church Drive, Mastic Beach, New York is where the office is located. We do work all throughout Suffolk, Nassau, South Hampton. East Quag we've built homes. So I'm up to date with everything the engineer said, hurricane clips, tie down, hold downs, all the structural codes that we needed to build a house on the water. What's holding up the signing of the contract to do the demo? So this happened at such a fast pace because of communication with her being in Germany. The time difference, we've been going back and forth via email. I literally got out to the property on Tuesday to look at her. No, she's not working. No, she's not working. No, she's not working. No, she's not working. No, she's not working. No, she's not working. to look at it she reached out to me Friday and this way I could give her an adequate you know estimate and report based off of what I thought as well so how quickly do you think you could get a demolition permit together I could file for it probably by the end of this week you know I have all the documents in place it's just a matter of approvals you know if I got an approval right away we could start dismantling it because you're not gonna want to take a machine in there to rip that down it's too close to the surrounding properties you're gonna want to take it off systematically roof side walls on the second floor chimney comes down to the second floor level second first floor comes out chimney comes off completely then you're left with the foundation and then get a building permit and architectural plans approved to you know start right from the foundation all the way back up this was all started with someone else a year ago yeah I don't know any of the contractor and then that fell apart yeah I don't know I think he was inadequately insured and apparently not licensed in any way shape or form so so for mr. Testa would demolition down to foundation be sufficient to address this or did you also have separate concerns as to the foundation now they should seem to be structurally sound okay no it's just the windows in the front like like you show it that they're broken they're the old louver style windows they need to come out I'd like to maybe hear from the homeowner herself if she's still on the line thank you thank you okay good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good good I'm sorry. Oh, that's interesting. Well, Counselor? So there's a resolution in the packet and the resolution can do one of two things. It can either direct demolition of the structure or it can authorize entering into an agreement with the owner to remediate the property. Alternatively, the town board could table the resolution to the next meeting to see if the owner puts in a demolition permit with the timeline on the demolition.
Is she on to speak? Okay, ma'am, state your name. Hello, I'm Danielle Wendling Keim. Okay, and what would you like to tell us? So actually this property belonged to my father who has passed away and after his will was probated, which took very long, I started to try to renovate this property, this house. And in July 24, I met with Mr. Wallace at the property. And at that time, the house was not in good shape, but it was completely dry and we could walk up the stairs and the roof was, it was draining on that day when we went there and the house was dry inside. And I hired Coastal Premier Management, and my office office office office office office and my office office office office office office office office office office office office office office office office office office office office office office office office office office office office about the permits and he said for anything that he needs permits he has them and then in december 2024 there was the stop work order and he told me that he left the house completely as it was because he was told to leave and that's why everything was left open without any wrapping and any protection for the house and um until the hearing in april he told me that he cannot go back to the property and nobody can do anything because there are no permits so i waited for the hearing and after that um he told me that he was trying to get permits and he was trying um to submit um the permits um and then um he said he was going to try to um um um um um um um do this with somebody else. And he even told me that he had done an express permission request or something like that. And I actually had also contacted Mr. Wallace in May because he had told me about some kind of summoning and some, and I didn't even know that there was another inspection in May. And I never got any report or any notification of the second inspection in May. And also between the software order and May, I couldn't do anything because we did not have, or the contractor did not have any permits. So there, and no change or no improvement was possible at that time. And then I contacted him because I was, I wanted to see the property myself. And I told him that I would be there. But unfortunately, Mr. Wallace was on vacation at that time. So I just met with the contractor in July at the property and inside the house also. And we also met the neighbor, Dan Stanton, at that time. And we spoke. And then I only was notified on August 28th. And then I also met with my office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office
And that's what I did. And then he worked without permits. And then there was the stop work order. And that's why since December, nothing has happened because there are no permits. And yeah, and he has sent me an email telling me he thinks it's not as bad as he thought, because I told him I think this will be terrible because since December with all the winter weather, it must be falling apart. But he said, well, no, it's not as bad as he thought. So when I saw it in summer in July, of course, I saw that it's open everywhere. But still, I'm not an engineer. And I am willing to work on this property. And obviously, I need someone else for help, like Mr. Andrew James, who just spoke. But also, I would be glad if I could get the report of the engineer who just spoke, who we're seeing, because the first contractor had told me that he did the siding and everything is not as bad. And I paid a lot of money for the work that obviously has not been done or has not been done correctly. Did you ever think to ask for a photo from the contractor? To prove the work that they've done? Yes, and he has sent me photos. But of course, I'm not from the whole not from the outside, only from the inside. And I only saw from the inside or from the photos. It looked as it would be solid construction. What about all the tickets that were issued against you for the building? I did not receive any tickets. And this is I mean, I did only get a photo of the of something that was posted on the building. And I got the notification of the software order from Mr. Wallace, but I did not get any tickets. And I and Mr. Wallace also told me that I did not get one notification. I think it was in May. And then I asked him to send them to me. I don't know, maybe he's not allowed to by email. I don't know. But he never sent the original letter. And I don't know why that did not work because I do get my tax bills. And I they arrive here in Germany. And I also pay them as you already noticed. But I did not get the tickets. I only got the stock work order in December. And now the notification on last Friday. So that was way later than the public on August 6. As I just heard now. I only was notified on Friday that the hearing is actually I was notified that that the hearing is yesterday. And yesterday I was notified that it's today. Ma'am, are you ready to demolish to do the demo on the house? If that is what's necessary? Yes. And you're ready to sign a contract with PSI? And do this, you know, like, immediately? The house has to be demoed. Yes. You have insurance on the property? No.
So I'll just clarify something that the owner wasn't actually issued the tickets, the tickets were issued to the contractor. And those those were resolved in Justice Court, but they were resolved with a guilty plea. There wasn't there wasn't a compliance done on that. Okay. So that's why it was under the stop work order. So ma'am, did this contractor that you had before did he at any point explained to you that he either either you needed to apply for the permits or he would apply for the permits on your behalf? He said he would apply. He said that would be done on his that would be on his side. All right. And then it appears that he didn't do that. So you're the trustee of a trust. That owns the property, correct? Yeah. Are there any other beneficiaries for the trust? No. Okay. Is your plan to rebuild and move into the house or rebuild and sell the house? Rebuild and rent. We lost you on volume. Answer again, please. Rebuild and rent. What'd she say? Rebuild and rent.
You were notified in December of a stop work order, correct? Yes. And here we are in September of the following year. I wouldn't say you were a good steward of that property. And if I were your neighbor, I wouldn't be very happy with you and I would want something done yesterday about that house. Otherwise, would you plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea the contractor, not having him provide you with any licensing, insurance, or anything else. That's homeownership 101. Never, ever hire anybody without seeing their licensing, their insurance, and check with them on the Better Business Bureau. When you got a stop work order, you should have been on the phone with the town of Riverhead to find out exactly what was going on. They certainly would have told you. This is where I'm saying you're not a good steward of that property. That would have raised all kinds of flags to me if I got a stop work order on my property. I contacted Mr. Ruales by email because the phone was never answered, and I thought that might be due to the international number. I cannot access the website from Europe because it's blocked, and most of the times when I call with my European... or a German number, there is no answer. You said that you were personally here at the property in July of this past... Yeah. ...of this year? Yeah. 2025? And you just got back on a plane and left and didn't do anything with the property after seeing it with your own eyes, seeing what it looked like, looking at the homes that are surrounding it, and you just finally contracted or contacted PSI? The other... Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. Right. rent it out and make money off of it no that's not true and you could have letters um i uh
i cannot do anything without a permit and the permits were applied for did you come down to the town of riverhead and go to the building department and attempt to apply for any permits when you were here in in town after you left the site of the property no because i was told by the contractor that he had done that already you still trusted the contractor after you saw that he did nothing that he told you that he did i'm i'm not having well i wanted to work with him because i paid a lot of money and i wanted him to complete the job because he has my money he had a nice vacation on your money he certainly didn't do any work can i ask this gentleman psi to come up you had a nice vacation on your money a second i have a question for you um and i just while you while you you're on the phone in germany so are you gonna provide the insurance for the demolition of this of course okay and are you ready to uh uh um are you ready to demolish this house like in the next few days
ma'am never going to happen in the next few days you have the financial means to even do it well i'm not gonna you know i mean she got you gotta get a demo permit yeah i know i understand that do you have the funds to demolish the house ma'am i don't know the price here's your answer yeah well okay
you have a reason because if she can't do it we have to do it somebody's got to do this it's probably 75 to 100 000 dollars to systematically take the house apart about seventy five thousand two hundred thousand and removeๆฒ ๆฒ ๆฒ ๆฒ ๆฒ ๆฒ Are you prepared to do that? Yes? Yes. It's low because I own the carding company that's going to card it out. I own the equipment. Like, I own everything outright. So I have multiple businesses. She's got somebody to do it. It takes the burden off of you guys if she does it. You know, I'm trying to help her out. That's a big if. I'm trying to help her out in a bad situation with a bad contractor. I'd also like to know what's the long-term plan. So after it's torn down, are the neighbors staring at an open foundation that's just sitting there? Or are we going to file immediate building permits to replace the structure to make the area? Because now you're still going to have a foundation, which is an eyesore, but it's also a hazard for anybody else to fall into. Well, I'm going to put up a fence around the foundation to secure it. This way, God forbid, I don't want a neighbor's dog running in there, getting stuck in there or anything like that. You know? So to secure the property, I would rent the fence up around the perimeter of the property during the takedown to keep any people out. It would be locked. It would have green canvas on it so it's not an eyesore while the stuff's sitting there. And there's no guarantee how long that fence would stay up because we don't know when. No. We rent the fences. So, you know, it's not a perfect fence. But if she doesn't rebuild right away, the neighbors are going to be staring at that fence. Staring at an empty lot. Well, the fence. The fence would come down or they'd be staring at the fence around the actual foundation that we would do as a permanent structure. Well, if we go in and tear it down, they're going to be staring at an empty lot also. So there's really no difference there. It's a matter of whether we trust her to say that she has the funds to do it. No offense to you, but I don't know who you are. I don't know if you have a license or you could be the first guy she's talking about. I could show you my license. No, I'm just saying. We don't know anything about you, so I'm not going to tell her she has to hire you. I'm telling you she has to hire. Somebody. Somebody to maintain the property. Somebody licensed to do the job. Yes. I'll just say that if the repairs initially started, is it last summer, right, in 2024? I didn't do the initial repairs. Well, that's what I thought I was hearing. Initial repairs were started last summer. Is that correct, ma'am? You hired the other construction company last summer? Well, stop work order was in December, so the work was done before that. Right. Before that, when it just went for the main complaint. Of property maintenance. And when I met the first time, the homeowner, I did advise her that the property needs to be taken care of. Right. So here we are. Put it up, you know, secure properly, and get property maintenance. So she decided to contact this contractor, which cleaned up the leaves and all the debris that was there, and laid down sod. Okay. But after that, that's it. So she decided to remodel the structure, putting trailers, dumpsters, ruined the whole thing. Mm-hmm. That's when I went back and did inspections, find out that he just got it out, the whole structure, without permits. That's when I posted the stop work order. So to the town attorney, if we give them, you know, a deadline to get this done, what's a reasonable deadline? Well, look. I mean. What I would suggest is, again, we either adopt the resolution, which directs, you know, which directs the demo. And if they get a demo permit in, you know, before we do it ourselves, that's great. Or the resolution also authorizes an agreement for remediation of the property. Okay. Alternatively, you could table the, like I said, table the resolution to the next meeting to see if the demolition permit goes in. Those are really the board's options. And really what the board should be focusing on is the purpose of the public hearing is to determine whether this is an unsafe structure and whether it's so unsafe that the town needs to expend funds to take it down immediately because it poses a hazard to the community. It's not really so much on the end product. That's not really, I mean, that's not really the purpose of the hearing or to get a commitment from the owner as to what the final product's going to be. Okay. If the property gets taken down to the foundation and it doesn't get reconstructed within a reasonable amount of time, we would go through this process again as to whether the open foundation is unsafe and then we would backfill it or something of that nature. I mean, I prefer us not doing it, but I'd also like to see that, you know, we're giving them five days to file their permit, their demo permit. They're making headway here. And you can informally impose that kind of deadline, you know, at the time of your vote if that's what you want to do. And then at that point, then engineering would, you know, go forward with the bid process. Ma'am, did you also have a property on Scallop Lane in South Jamesport that was similar to what happened here? I sold it. She sold it, I think she said. We can't hear you. I sold it. She sold it, she said. Did you have to do any renovations to that home? No, I sold it as is.
Same condition, Joe? Similar? I'm not sure. Okay.
Just leads me to think that she's not new to the process. Mm-hmm. So, what's the process? I'm sorry, I did not understand. Thank you. All right. I would say thank you. Thank you. We would, she's going to have to contact him and set something up in the meantime if we decide to allow a five-day extension here to see if that can be done, to see if they have actually applied for a demo permit. I like that idea, Bob. Yeah. I don't want the town to do it either. Yeah. But I also don't want this property staying here. Yeah. Yeah. I don't want it to be put in that shape any longer than it absolutely has to. That chimney really, really scares me. No, and I agree with you. I just wonder if we can keep in touch. If PSI would get back to us within that five days, the demo permit has been filed. Because if not, we just, we move on and we do it and it's the end of the property. My concern is still that she was here in July and she did nothing. She got hoodwinked by developers. I'm going to give her the benefit of the doubt. At this point. We're going to demolish it one way or the other, whether we do it or we give them five days to file their permit, the building's going down. My point is, if you hired somebody last summer and then you came here this summer and you saw it looking like that, you've got to, that's beyond just this contract. You've got to go to the town and start talking to the town. I can follow up with the building and keep checking in. Yeah. I mean, this isn't a criminal trial. This is, let's get the building down and. No, it's a credibility issue. Yeah, understood. Can I say something to this credibility issue? That's an up-close. So what I can suggest is that Ms. Hurley get contact information from the gentleman from PSI and we will follow up with him early next week as to whether there's a contract signed and whether there's a permit application in process. And if not, then we will get in touch with the engineering department and authorize them to go forward with either gathering quotes for the work or bidding the work. There's one other piece to this. Okay. And that is, you need to insure that property. If that chimney falls down on your neighbor's house and you're uninsured, they're going to own your property. What do you, you know, you need to insure that property. How soon can you do that? I'm not aware of how this works, but I will find out. I would just like to, and I will do it. But I would like to say something to my background because I am not familiar with building. You know what? And construction and renovating a house. And I was not familiar that I was going to go to, I should have gone to the town to get the permit because it sounded like. Ma'am, I'm just going to say this. You owned a house on Scallop Lane. Did you have insurance on that house? My father was still alive when I sold it for him. So I don't know. I did this while he was alive. I don't know if you had insurance. I don't know if you had insurance. Okay. Let's just get the house demolished. Okay. I agree. We're wasting a lot of time. Okay. I'm a pediatric surgeon here in Europe with two children. And I'm having a very busy life. But I do want to do the construction or the demolition with PSI. And I think that we can get this done. Okay. I'm fine with the five days. I mean, it's not like that's. I'm not doing the five days. It is only five days. Okay. Do we have to close the public hearing? Yes. Do we keep it open for written comment? No. Well, there's others that wanted to speak, though. Oh, I'm sorry. If there's any other members of the public who have witness accounts or relevant information to the board's determination, now would be the time to come up and offer those comments. Okay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. We have seen the code enforcer and the town's engineer doing their inspections of that home, and we've read their postings. So now everybody knows that if something bad happens there, people can't say we had no idea there were dangerous conditions or we would be unable to envision what might happen there as a result of those conditions. We think that the risk of something bad happening there is real. The situation for us is dire, but also for the many public beachgoers who wander down our beach to gawk at this house on a daily basis. It's not safe for them either. It's a disaster waiting to happen, but you all have the power and are trying to do something about it, and we appreciate that. We're here today to urge the board not to wait any longer, not to approve any delays. Please, please take down this house as soon as possible. We do thank you for your time and efforts on our behalf. Mary, is your house on the chimney side of that house? No, I'm on the other side. That's you? It is there. Can I just ask you, you made complaints through code enforcement? I mean, you disappeared. I'm sorry. This has been going on for years, you said? Yes. I'm just concerned, like, what was the lack of action on the town part? Like, why did this go on for so long? I got no response. I sent the first one, I believe, in 2018, and I got no response. And that house looked like that? I mean, just a tear down, basically? It wasn't that bad, but it was really more the backyard. There was, pardon my French, crap everywhere and overgrown, so I complained about that. But I didn't get anything. I didn't get any response. And other people from the beach have also written emails and got no response. I'm very just sorry for you that it's come this long that you have suffered. I encourage anybody in our town to come forward with any type of similar issues. Come forward and speak to us. I got a response from Mr. Hubbard the next day, the next morning. So that was impressive. Thank you. Thank you. Thank you. Sorry it took so long. Anybody else? Ma'am? Hi. My name is Glita Baldini. I am one of the owners of the property at 43 Pi Lane. For historical reasons, I will tell you that I filed a written complaint in 2013. Had many conversations with one of your code enforcement officers, who was helpful, polite, did everything that she apparently could do, and informed me at that point. From my office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office office
I think as it seems we can all agree the House needs to come down. I think either way, unless we have some firm commitment to rebuild it, we're going to be left with a hole in the ground, which will be less unsafe perhaps than what's there now, but it's still going to be unsightly. So I think we need a plan that goes, I'm not trying to tell you guys your jobs, mind you, but I think we need a plan that goes further than tear it down because that only solves part of the problem. I'd agree, Mr. Testa. Can they remove the foundation as a whole and like just level this property in terms of like, I'm not. That's normally what we do when we do an unsafe structure. We would normally collapse the sanitary system, take out the foundation, and take all the debris. I want it all gone basically. Pretty much. Pretty much. Yeah. Because, you know, the foundation could leave a ten years' Yeah, I don't want a fence sitting around there and then they're looking at that for years on end and nothing could happen. So let's scrape the whole property clean. Also, if I, speaking as somebody who has a house on the beach, who did some construction, I'm going to say ten years ago, maybe a little bit longer than that, which we kind of squared off the deck. It took us a year to get the DEC to give us a permit because apparently the dry area on the public beach side, I'm the last house before the public beach, the dry area on the public beach side is considered a wetland. So it was a year for the permit. And I assume that you may be looking at the same thing in terms of. Well, I think we can expedite that because it's a danger, because it's a matter of safety, public safety. So I think we will be able to expedite and not have to wait the usual year or two years that it takes DEC for whatever reason to get their work done. I don't totally understand it, but we know that there's always a big log jam when it comes to the DEC. So I think, Ken, you mentioned it earlier that we could expedite that because of the necessity of needing to get it down before it falls down and hurt somebody. There's an emergency permit process that the DEC has where if it's in danger, they allow the work to proceed and then you follow up with all the paperwork and the surveys and everything. So there is a process. All right, good. Hi, I'm Susan Stanton-Lunstrom and I live a few yards away from 39 Pi. You've covered everything. I really appreciate it. I had things written about how unsafe it is. It's gone from unsightly to dangerous. And we just, we've been living with this for years. And I just would like to say, I think, I'd like you to note that this has been going on long before Dr. Wendley was ill, before he passed, before they had the will, probate. It's just, it's been unmanageable for as long as I can remember. And, you know, back to my parents' day, it was an issue. Right. Thank you very much for what you're doing. We really appreciate it. Thank you. Anybody else? Anybody online? Nobody online? Okay. All right. Make a motion to close the public hearing. Second. All in favor? Aye. Okay. All opposed? Okay. The public hearing is closed. And it will now come up to us in the form of a resolution during our time with the town board meeting when we go over the resolutions very shortly. Okay. All right. We have one more public hearing to have and it won't be nearly as long as this one. I promise you. It was scheduled for 2-05. It is now 3-38. And it's a public hearing amendment chapter 301, article 56, site plan review. And that will be with Councilor Pilo. Good afternoon. Good afternoon. So today we're proposing a local law to amend chapter 301. It governs site plan approvals and the fines associated for those who violate the section of the code. This is just fines, not fees. So this is anyone that is not eligible. This is anyone that is in violation of a site plan or who doesn't have a site plan before they start construction. The fines were set many years ago. They are no longer an effective deterrent. So instead of it being a cost of business, we're increasing the fine to keep up with the times so that they better match the offense. So if anyone has any questions? What are we increasing it? The fines. Yes. How much? Oh, okay. So it started the floor was at zero. The max is at $1,000. It's now going to be re-proposed for it to be the floor to be at $500 and the max to be at $5,000. I thought it said $1,000 on here. Correct. Not to be less than $1,000 and not more than $5,000? Sorry, I missed a point. Okay. Anybody have any questions? No. Anybody from the public like to speak on this matter regarding the public hearing on section 301? Anybody online? No? Okay. Thank you. We will keep this one open for ten days for written comment? Yes. Okay. Okay. Make a motion to close this public hearing and keep it open for ten days for written comment. Could I have a motion? So moved. Seconded. Both please. All in favor? Aye. Seconded. All opposed? Aye. Seconded. All opposed? Aye. Seconded. All opposed? Aye. Seconded. All opposed? Aye. Aye. Aye. Aye. All in favor? Aye. Aye. All opposed? Okay. We will keep it open until September 14th at 4 o'clock. Okay. That's it on our public hearings. We're now going to move on to the resolutions. At this point in time, would anybody in the room like to comment on any of the resolutions that are before us today? Not seeing anybody. Do we have anybody online here? We do. We have anybody online who would like to comment on resolutions? Nobody online to comment? Okay. Clerk Wooten, would you mind starting the resolutions? Sure. It would be resolution 749. Budget adoption for capital project number 72515, improvements at Two Bears Park. So moved. Second. Vote please. Waskie? Yes. Merrifield? Yes. Kern? Yes. Warren? Yes. Warren? Yes. Warren? Yes. Warren? Yes. Warren? Yes. Warren? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution number 750. Authorizes the removal of fixed assets. So moved. Seconded. Vote please. Sorry, I'm getting there. Waskie? Yes. Merrifield? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Warren? Yes. Warren? Yes. plea plea plea plea
Resolution number 752. Provisionally appoints an account clerk. So moved. Seconded. Vote please. Waske. Yes. Merrifield. Yes. Kern. Yes. Rockwell. Yes. Hubbard. Yes. Resolution is adopted. Resolution number 753. Proves a salary increase for a maintenance mechanic too. So moved. Second. Vote please. Merrifield. I'm sorry. Let me go back. Mine isn't quite as fast as yours anymore. Waske. Yes. Merrifield. Yes. Kern. Yes. Rockwell. Yes. Hubbard. Yes. Resolution is adopted. Resolution number 754. Ratifies the promotion of a building inspector to senior building inspector. So moved. Seconded. Vote please. Waske. Yes. Merrifield. Yes. Kern. Yes. Rockwell. Yes. Hubbard. Yes. Congratulations Bob Muller. Resolution is adopted. Resolution number 755. Accepts the resignation of a maintenance mechanic too. So moved. Second. Vote please. Waske. Yes. Merrifield. Yes. Kern. Yes. Rockwell. Yes. Hubbard. Yes. Resolution is adopted. Second. Waske. Yes. Merrifield. Yes. Kern. Yes. Rockwell. Yes. Hubbard. Yes. Waske. Yes. Kern. Yes. Rockwell. Yes. Hubbard. Yes. Resolution is adopted. Resolution number 757. Appoints John Condala to the Agricultural Advisory Committee. So moved. Second. Vote please. Waske. Yes. Kern. Yes. Rockwell. Yes. Hubbard. Yes. Rockwell. Yes. Hubbard. Yes. Waske. Yes. plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea Yes. Merrifield? I'd like to state my reasons. My vote is no, and I'd like to state my reasons on the record. First of all, I very much appreciate all members of our community that come forward to volunteer their time and expertise to join our committees. They receive no economic compensation and are very helpful to the town. And I'd like to thank everybody who has done that, from the Anti-Litter Committee all the way to the Senior Citizens Committee. We have over 30 committees in this town. The town board is responsible to evaluate whether any proposed new appointee is suitable for the position. As a town board councilwoman, it's my responsibility to evaluate the credentials of a candidate, the experience in a field, and their utility and their motivation for a position on any committee. With regard to this particular individual, I'm aware of the following. He has never sought a position on this committee before. That he has repeatedly sought the town board to intercede on his behalf personally to help his farm, Kanzella's Farm, be released and extinguish a conservation law open space easement on nine acres of property that he owns. The town board on advice from the town attorney's office, the planning department's office, and my own knowledge. And research into this as an attorney for 40 years. The town attorney's office informed us that this particular property does not fit under the exceptions in the law. Therefore, it would be illegal to do what he is requesting. Yet, he has received repeatedly sought relief. Not only did he not stop once the town board had told him we could not do this. He has recently also sought the advisory committee. The farm committee. The farm committee. The farm committee. The farm advisory committee. As of July of this year. To again press his case for removal of a ghost easement on the Kanzella family farm. And they came forward and they were seeking to obtain this relief for him yet again. After the town board had already advised him and the agricultural advisory committee that we could not do that. I didn't do it as a personal matter. Because obviously I'm very much in favor of all farmers in our community. I voted that way. Because it would be illegal to do what he is requesting. But he still sought to have this particular committee go forward with his cause. And it's basically comes down to he's joining this committee to try to obtain economic aid. He wants this property freed up so that he can farm on it and get an economic advantage. And I don't believe that's a reason a person should be on any committee in the town. Otherwise, without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea and without public plea when I'm making that decision based upon legal advice and it is not a personal attack on the individual or his farm, I don't think it's appropriate for that particular person to sit on a committee that, again, is related to the very issue he is seeking from that committee to influence the town board with the Agricultural Advisory Committee. As I said, I'm very happy for all individuals to come forward and volunteer their time and effort and expertise, but when they do that, to continue to try to obtain a personal benefit for themselves, that's where I do not think that they are suitable for a particular committee. This particular committee, which would be trying to, again, influence the town board to go forward with his personal request. So my position is that based upon those two reasons, I don't feel that this person should be a member of the Advisory Town Board, of the Advisory Council. Thank you. If I may, because I am a yes vote, I just would like to explain why I am a yes vote, and that is because this appointment is something that the Agricultural Advisory Committee has requested this individual be part of their committee, and based on the fact that they feel that this person would have a positive effect on their committee, that is the reason that I'm voting yes. I voted yes. Kern. Yes. Rothwell. Again, I agree. The Agricultural Advisory Committee and our local farmers select individuals throughout the town to participate, to represent them. Mr. Gagello is volunteering his time. I think he's done some wonderful things up on his property in Wading River. It's a beautiful entranceway to the town of Riverhead. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I vote yes. Hubbard. I will say this, and I agree 100% with what Denise said. We are, as public officials, are subject to people coming up to us at all times and all manners, and I understand that. However, in talking to Denise, the manner in which he came up and some of the language that he used was very inappropriate, and I don't care who it is that you're approaching, whether a public official or not, it's just not the right thing to do as an adult. And so with that, I agree with what you're saying. I will also say that the Farm Committee came before us, and they have requested that he be on the committee, and with his farming experience, they felt he could be a help for them. I agree with what Ken said. They are an advisory committee. Mr. Kinsella can't make my mind sway. I agree 100% with what the town attorney is telling us. They cannot do this. They cannot alleviate this ghost easement. It can't be done. It's illegal, and that's the end of the story, and we've looked at this every which way. We've had the town attorney's office look at it, and planning has looked at it, and it just simply cannot be done legally. So to me, that's a moot point. That's never going to happen, and I hate to say it because I hate to hinder a farmer from doing it. I hate to say it because I hate to hinder a farmer from doing it. I hate to say it because I hate to say it because I hate to hinder a farmer from being able to farm more land than they want to farm, but you have to do it in a legal manner. So I will vote to appoint him to the advisory committee based on the recommendations of the other farmers on that committee, but however, it needs to be pointed out that nobody has the right to come to anybody, any public official, and use language and create a very uncomfortable situation come as an adult and we all have office hours we'll meet you come in and sit down with us we'll talk with you but we'll do it as adults if you start acting erratic and your behavior becomes unsatisfactory to what a normal person would consider unsatisfactory you'll be asked to leave no different than we do here at a town board meeting so uh i'm sorry he did that to you but um i'm going to vote yes in terms of putting them on and super as if i may i'm as i said i have no problem with someone having a problem with my vote and confronting me about it but in a reasonable rational matter and when that person tells me that he's going to get the farmers against me and vote against me that is a person that i do not think is a reasonable individual to be on any committee in the town okay resolution is adopted resolution number 758 uh radicalized the reappointment of eve caplan to the agriculture advisory committee so moved seconded vote please bosky yes yes yes both will also say thank you to eve caplan for volunteering a part of this committee a vote yes hubbard yes resolution is adopted resolution number 759 ratifies the reappointment of jeff rottkamp to the agriculture advisory committee so moved second vote please you bosky yes harryfield yes kern yes rockwell yes thank you jeff rodkamp for serving covered yes resolution is adopted resolution number 760 ratifies the reappointment of matthew pendleton to the agricultural advisory committee so moved seconded vote please bosky yes harryfield yes kern yes rothwell yes thank you very much to matthew fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed have to dust themselves off and come into some meeting in Town Hall or some other place. I'm sure none of them look forward to doing it, but they give up their valuable time, and we appreciate that time they do. So congrats to all of them. I'll tell you, as the liaison, they come at 7 o'clock at night. They have no time to dust themselves off. No, I know. They're coming right from the tractor and coming in, and they can go home and go to bed and get up and do it all over again. Fantastic. And I do want to just say on a side note, just passing all the resolutions for these appointments, that I thank Rob Carpenter for arranging over this past summer that we got to visit a lot of these farms and so forth. It is an eye-opener of how hard they work, and they're out there at 4.30 in the morning and getting water ready and so forth. And it was very impressive to visit most farms. It was a great learning experience for me, and I think all these individuals are very much a part of that whole process to invite them to come and do it. And I think it's a great way for them to basically come into their business, take a look around, and understand exactly what they're doing better. So the committee itself as a whole has done great work. So thank you all. Excellent. Good. Next one up. Ready? 762. I authorize the supervisor to sign a consulting professional service agreement with Brad Hammond. I'm going to ask that we amend this to changes to unjournalism. I don't know how to say his name. So fuckless? So fuckless. Yeah. And the reason is he sent an email, and it's clearly $100 an hour less than what Brad Hammond is charging. They both have equal qualifications, and I just can't justify paying an additional $100 an hour to someone else with the same qualifications.
So I think it's a great way to make sure that we have a good solution. Is that a motion? Yeah, I'd like to make a motion to amend it, to amend the name, to Andreas. That's not an amendment at that point. That's a substantial change. That's not an amendment to a town board resolution. Can you make an amendment with a name? I mean, really, you should be proposing a different resolution, because it's not only the individual, but it's the rate, and then it would also go to the professional services agreement. Okay. And, yeah. I think you'd have to vote this one down or submit another one at a later date in addition to have additional work being done and can be performed in addition to perhaps Brad Hammond. So I vote to table this. Well, you're making a motion to table it. I'm making a motion to table it. Okay. Now, there needs to be a second. Second. And I understand Councilman Kern's concerns about the additional cost for $100. We would fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed fixed I'm the only one on the Board that actually worked with Brad Hammond when he was here as the Chief Building Inspector. And I will tell you, he was phenomenal. So for the $100 an hour or more, you get what you pay for. And quite honestly, I'm willing to pay the extra money because I know his work and I know he can get the building department caught up in no time. And then Bob Mueller, our new guy, will be able to just start fresh and move on. And that's why I'm going to vote for this. But I'm not going to second the table. CHAIRMAN BRYANT. Okay. So I have a quick recommendation of an actual amendment that we do need to make to the resolution. I believe it says it references the town hiring a full-time senior building inspector. We need to amend that to a building plans examiner. MR. Right. CHAIRMAN BRYANT. So there's two places in the resolution, one in the whereas, one in the first resolved. The reference is the Civil Service title senior building inspector, which we just previously appointed. So what we're looking to do is amend that to building plans examiner. MR. Building plans examiner. Okay. CHAIRMAN BRYANT. Okay. You didn't have a second for the table. MR. No. CHAIRMAN BRYANT. Okay. So we move on now for the resolution itself. Correct? As amended? MR. Yes. CHAIRMAN BRYANT. Okay. MR. It needs to be moved as amended. And then, well, first you need to move the amendment. MR. Read the resolution. CHAIRMAN BRYANT. Okay. MR. Vote on the amendment. Second the amendment. Vote on the amendment. Then you move the resolution as amended. MR. Right. All right. Bob, you want to read it? MR. I authorize as a supervisor to sign a consultant professional services agreement with Brad Hammond as amended. CHAIRMAN BRYANT. Okay. MR. That did. I'm sorry. I got before you. MR. No. CHAIRMAN BRYANT. MR. Sorry. MR. We have to read the amendment first. MR. Make the motion to amend. CHAIRMAN BRYANT. MR. Make the motion to amend. MR. Make the motion to amend. CHAIRMAN BRYANT. MR. We will plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea plea So I spoke with the CSEA president. He signed a stipulation allowing us to enter into this temporary agreement to sort of a stop gap until the building department is fully staffed. CHAIR BAILET. Thank you. CHAIR BAILET. All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? All in favor? Otherwise, the supervisor to sign a consultant professional service agreement as amended with Brad Hammond as amended. Seconded. Seconded. So moved. Seconded. Wozniacki? Yes. Murrayfield? Yes. Kern? No. Rothwell? I vote yes. I want to make sure that Bob Mueller has the appropriate hands-on work to keep moving forward to get the building department back on track. So vote yes. Hubbard? Yes. Resolution is adopted after amendment. I think I'm caught up. Resolution 763. Ratifies authorization to apply for a grant offered by the National Council on Aging. So moved. Second. Vote please. Wozniacki? Yes. Murrayfield? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution number 764. Authorizes the demolition, removal, and or abatement of the unsafe structure for condition situated at 39 Pie Lane, Jamesport, New York, Suffolk County tax map number 672. Second. Resolution 771.22 pursuant to chapter 217 part 4 article 4 of the Riverhead Town Code. So moved. Seconded. Vote please. Wozniacki? Yes. Murrayfield? Yes. Kern? Yes. Rothwell? I'm sorry for the residents that this has gone on that long. I wish this is happening any other place. Please come forward directly to us. They should not have waited this long. I vote yes. Let's get this done. And Hubbard? Yes. Resolution is adopted. Resolution 765. Authorizes the Town Clerk to publish and post requests for proposals for a construction manager for a new headquarters building for the Riverhead Volunteer Ambulance Corps. So moved. Second. Vote please. Wozniacki? Yes. Murrayfield? Yes. Kern? Yes. Rothwell? Moving this project along. Yes. Hubbard? Long time coming. Yes. Resolution is adopted. Resolution 765. Authorizes the town clerk to publish and post requests for proposals for a construction manager for a new headquarters building for the Riverhead Volunteer Ambulance Corps. So moved. Second. Vote please. Wozniacki? Yes. Murrayfield? Yes. Kern? Yes. Rothwell? It's a long meeting. I'm hoping we can have a tasting or something for them who didn't meet products right now. I vote yes. And Hubbard? Yes. Resolution is adopted. Second. Wozniacki? Yes. Kern? Yes. Rothwell? Yes. Kern? Yes. Rothwell? Yes. Kern? Yes. Rothwell? Yes. Kern? Yes. Rothwell? Yes. Second. Vote please. Wozniacki? Yes. Murrayfield? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution 768. Extends bid for well and pump testing, evaluation, reporting, and information management for the Riverhead Water District. So moved. Seconded. Vote please. Wozniacki? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution number 769. Hang on. I think they're maybe together. Go now. Authorize the supervisor to execute a stipulation with Local 1000 AFSCME AFL-CIO Riverhead Unit of the Suffolk Local 3850,
and the county's public service. Second. Wozniacki? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution number 770. Ratifies authorization for the town attorney to execute a retainer agreement with Settleman, Ballin, Adler, and Hyman LLP. So moved. Seconded. Vote please. Wozniacki? Yes. Merrifield? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution number 771. Adopts a local law to amend Chapter 231 of the Riverhead Town Code titled Fire Prevention, Article 24, Penalties for Offenses. So moved. Second. Vote please. Wozniacki? Yes. Merrifield? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution number 773. Adopts a local law to amend Chapter 251 of the Riverhead Town Code titled Noise, Public Nuisances, and
Property Maintenance, Article 1, Noise. So moved. Second. Vote please. Wozniacki? Yes. Merrifield? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution number 774. Adopts a local law to amend Town Code Chapter 301, Article XV11A, uh, uh, excuse me. 17A. 17A entitled,
17A. Entitled, Community Benefit Zoning Use District CBD. So moved. Seconded. Vote please. Waskie? Yes. Merrifield? Yes. Kern? Yes. Rothwell? Yes. And Hubbard? Good things come to those who wait. Yes. Congratulations. It's done. Resolution is adopted. I threw that enumerolat to you, Alex. Resolution 775. Schedules public hearing for a Carr-McVee Special Permit Amendment. So moved. Second. Vote please. Uh, Waskie? Yes. Merrifield? Yes. Kern? Yes. Rothwell? Yes. Hubbard? Yes. Resolution is adopted. Resolution 776. Authorizes 2025 bow hunting for deer on town property at Enterprise Park in Calverton, New York. Is adopted. Resolution 775. Adopts a local law to amend Town Code Chapter 301, Article XV11A, uh, uh, excuse me. 17A. Entitled, Community Benefit Zoning Use District CBD. So moved. Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Local Yes. Hubbard. Shame Deere can't read because if they could, they'd know not to go to these properties. They wouldn't vote for this. They shoot anything like I do. Resolution is adopted. Resolution 29. I mean, sorry, 777. Hayes' bill, so moved. Second. Vote, please. Waskie. Yes. Merrifield. Yes. Kern. Yes. Rothwell. Yes. Hubbard. Yes. Resolution adopted. That completes the resolutions for this meeting. Okay. Now we're going to go to open comments from the public on any matter. Open comments from the public on any matter. Come on up, state your name and where you're from. We know where she's from. Been waiting a while. Did you think you were going to be here this morning? My name is Mary Beth Andresen. I live on Church Lane. I live in Ackleborg. And I know I probably shouldn't even be here, but we've got to do something with the speeding on that road. When I pull out of my driveway, and I have a mirror now so I can see across the road, even that sometimes is so quick. They're passing me on the double yellow line. I don't know if you want to get, we have a 35 mile an hour speed limit. I moved there 50-some-odd years ago. It was 55. However, I went down one of the, Linda Avenue or something the other day and it was 30. Why am I 35? They're 30. So, the cops have to be there. I know I should probably go to the police department for this, but I'll tell you something. Even those flashing light, you know, traffic things, I had two, we had two huge accidents in the front of my property this year. One guy, he was driving a car. He was driving a car. I mean, both people were lucky they were alive. The only reason the one guy was alive is he didn't have a seatbelt on. When he wrapped his truck around the pole, it crushed the entire driver's side of the car, of the truck. We also had electrical fire because one of them hit the high tension or high voltage and it burnt the pavement. So, I know the townhouse. So, I know the town had to come and fix it, but one of them, they were this close to my, hitting my fence and killing, you know, my animals. So, I'm just saying, please do something. Think about it. Get the cops to sit there. I know if they get a ticket, the money goes to the state. I don't care. I want them to slow down. The other thing is, we have, there's three houses across from me. It's one piece of property. Well, I think they subdivided it, whatever. In those houses, because of their parking issue, they're all parking now on the easement, on my easement. What happens is when they're coming south, they're going beyond because these cars are there. So, now they're in the oncoming lane. They've started out bad and they're going to finish it bad. And school buses have already started. And the little kid across the street. The little kid across the street is being picked up. And come. You've been there. Have you spoken to the neighbors across the street about the cars parking on the easement? No. I never, I don't know them. They're up, they're up like two houses. It's not the one directly across. It's not State Ponds. It's not the next one. It's the next one. Okay. It was, what's her name's place? Who had the German Shepherds 100 years ago? I don't know. She had the German Shepherds 100 years ago. And she had the three pieces of property. And I think it's because there's multiple pieces on, and one is right behind the other. So I'm sure that's why they're parking there. But somebody's going to be killed. It's just a matter of time. And I don't want it to be me. I did that this year. What roadway is this? I died once. I'm not doing it again. Okay. Please come take a look. Sit there. Watch it. Thank you. Thank you, Mary Beth. Thank you. I was slow ride home. Good afternoon. My name is Greg Dahlgren, River Road, Calverton. A couple comments about a proposed motocross track at 2822 River Road. Before I get into what I have to say, I'm seeing a lot of stuff out there with people commenting saying give the kids a place to ride, give the people a place to ride. I want to point out, if you guys are, may or may not be aware already, within two miles of this proposed dirt bike track, there's already two existing dirt bike tracks. You have one on Edwards Avenue and you have one in the back of Sky Material. There are indeed some places for people to ride. Getting into what I really want to talk about here is, as we know, the applicant's proposing to remove a tremendous amount of sand from the property, 120,000 yards, and also bring other material back onto the property. He's looking to do this, not with a mining permit, my understanding. He's looking to do it with a construction exemption type thing. Ms. Ms. Ms. and you have one in the back of sky material so there are indeed some places for people to ride um getting into what i really want to talk about here is as we know the applicant's proposing to remove a tremendous amount of sand from the property 120 000 yards and also bring other material back onto the property he's looking to do this um not with a mining permit my understanding he's looking to do it with like a construction exemption type thing from the dec and a special permit through the town board um i went onto the dc's website and there's a mining land reclamation law that is laid out pretty clearly on there um even i can understand most of it and it says on there that the exemption like a construction exemption is for excavation grading operations which are conducted solely in aid of onsite construction farming such as excavation grading operations and construction farming and construction farming and construction EXCAVATION FOR A BASEMENT OR FARM DRAINAGE IMPROVEMENTS. YET RECENTLY AS YOU KNOW MR. DUFFY THE APPLICANT FOR THE DRIPBIKE TRACK STATED FREELY THAT HE NEEDS TO MINE THE PROPERTY TO RAISE REVENUE TO PAY FOR THE PROPERTY IN HIS PROJECT. WHICH THAT IS NOT SOLELY IN AID OF THE CONSTRUCTION OF IT. UNDER THE DEFINITION OF WHAT THIS LAW CALLS A MIND IT'S EXCAVATION FROM WHICH ANY MINERAL IS TO BE PRODUCED FOR SALE EXCHANGE FOR COMMERCIAL OR INDUSTRIAL OR MUNICIPAL USE. SO BASED ON I'M NOT AN ATTORNEY BUT BASED ON THE DEFINITION THAT'S LAID OUT THERE OF MINING AND BASED ON WHERE THE EXEMPTION IS ALLOWED TO BE USED HE'S NOT IN COMPLIANCE WITH EITHER OF THOSE. MEANING THAT HE SHOULD REQUIRE A MINING PERMIT BASED ON THE MINING PERMIT. AND THAT'S THE MIND LAND RECLAMATION LAW. WE CAN KIND OF DOCTRINE THIS UP ANYWAY AND CALL IT A DIRT BIKE TRACK. WE CAN SAY IT'S FOR THE KIDS. BUT AGAIN BASED ON THIS LAW AND THE COMMENTS IN WHICH HE RECENTLY MADE THAT HE NEEDS TO MIND THE PROPERTY TO RAISE REVENUE FOR THE PROJECT, THIS IS A MINE AND IT SHOULDN'T BE GOING THROUGH WITHOUT A MINING PERMIT. THANK YOU. I DO HAVE FIVE COPIES. I KIND OF CUT AND PASTE THEM. SOME OF THE EXCERPTS, WELL, ACTUALLY THE ENTIRE PORTION OF THE MINING LAWS OFF OF THE DEC'S WEBSITE THAT I CAN PASS AROUND JUST SO YOU HAVE IT AT YOUR OWN CONVENIENCE IF YOU WANT TO READ IT. YOU CAN GIVE IT TO CLARK VOLUTION. ANYBODY ELSE COMMENTS FROM THE PUBLIC? CHIEF, YOU GOT SOMETHING TO SAY? NO? NO? ALL RIGHT. GOOD. LET ME. I'M GOING TO ADDRESS THE SPEEDING COMPLAINT. I WILL DEFINITELY ASSIGN OFFICERS THERE. IT'S ONE OF THE, WE SIT ON THE TRAFFIC SAFETY COMMITTEE, MYSELF AND COUNCILMAN ROTHWELL, AND IT'S PROBABLY ONE OF THE BIGGEST COMPLAINTS THAT THE POLICE DEPARTMENT GETS. AND IT'S ALL THROUGHOUT THE TOWN, BUT IT'S NOT JUST OF THE TOWN OF RIVERHEAD PROBLEM. IT'S ALL OVER THE COUNTY, ALL OVER THE STATE. AND I UNDERSTAND YOUR FRUSTRATION. AND I WILL ADDRESS IT. I WILL MAKE SURE, YOU KNOW, I HAVE MULTIPLE SPOTS, SO YOU MIGHT NOT SEE THEM THERE ALL THE TIME, BUT WE'LL ROTATE THROUGH CYCLES. OKAY. I SEE WHERE THEY ARE. I MEAN. IT'S A TOUGH SITUATION BECAUSE HER DRIVEWAY IS KIND OF SUNKEN COMING OUT, BUILT UP ON BOTH SIDES, AND THERE'S A BEND COMING RIGHT AROUND ON THE ROAD. I MEAN, WITHOUT THE MIRROR, I DON'T THINK I'D EVEN WANT TO PULL OUT OF YOUR DRIVEWAY. THAT'S RIGHT. THAT'S RIGHT. THAT'S RIGHT. THAT'S RIGHT. THAT'S RIGHT. i don't think it's a no i don't believe it's an i believe they're probably legal to park in certain spots on that road i know i got to take i'd have to take a look at the town code and go from there okay but we will assign somebody
or
yeah no problem we'll get someone there yeah thank you yeah you're right yeah we we have done things we we've increased signage and other things and addressed some of the drainage we're working but it's it's it's just a difficult it's a difficult roadway a difficult curve i could totally agree with you yeah
but they'll have the units out there so got it we have two people online okay we'll take those
fresh carved boar's head all right i think you both have the pleasure of seeing and hearing me john you're on okay thank you can you hear me yes you can barely though uh all right uh i'm speaking loudly but two three points one is i think we cannot let pass the fact that the town did go ahead and and use the right of eminent domain to close crafted and that the town will lose a vital local institution in the favor of a humongous hotel um and i would say that would be my plea would be my plea would be my plea would be my plea would be my plea would be my plea would be my plea would be my plea would be my plea would be my plea would be my plea HOTEL. AND I WONDERED WHETHER YOU HAD IN FACT MADE ANY PROGRESS IN HELPING THEM FIND AN EQUALLY PRICED AND EQUALLY CONVENIENT LOCATION TO REOPEN CRAFTED BECAUSE THAT HAD BEEN MENTIONED AT PREVIOUS BOARD MEETINGS. JOHN, WE WORKED WITH THEM DILIGENTLY, VERY DILIGENTLY TO FIND THEM A SPOT. WE LOCATED A SPOT AND THEY MADE A BUSINESS DECISION TO NOT WANT TO REOPEN ANOTHER ESTABLISHMENT. WAS IT THE SAME PRICE AND SIMILAR LOCATION IN THE CENTER OF TOWN? SIMILAR LOCATION IN THE CENTER OF TOWN AND THEY MADE A BUSINESS DECISION THAT THEY DID NOT WANT TO GO FORWARD AND CONTINUE THE BUSINESS. THAT HAD NOT BEEN MY IMPRESSION FROM CONVERSATION. BUT AT ANY RATE, I THINK IT'S A REAL LOSS TO THE TOWN. I WANT TO SAY SOMETHING THAT I DIDN'T SAY AT THE LAST BOARD MEETING BECAUSE WE'VE GONE ON SO LATE, WHICH IS TO NOTE THAT OF THE LETTERS THAT YOU HAD RECEIVED, SEVEN OF THEM WERE OPPOSED TO THE HOTEL PROJECT. ONE FAVORED AND TWO WERE IN AN IN-BETWEEN AND COMMENTING OTHER THINGS. NOW, YOU SAID THAT YOU HAD READ ALL THOSE LETTERS BEFORE THE ACTUAL RESOLUTION. THAT'S FINE. BUT AGAIN, MY COMMENT WAS THAT THOSE HAD NOT BEEN AVAILABLE TO THE PUBLIC BECAUSE OF THE DIFFERENTIATED TIMING ON WHEN YOU POST THINGS AND WHEN THE CLOSING OF THE HEARING HAD BEEN SO JUST, I MEAN, THAT'S A FOOTNOTE. And obviously, I don't think it would have made any difference. But as far as I and others, some others are concerned, we hope that before the project actually goes further, that there is some reconsideration by Mr. Petrucelli and by the board to not build a five-story hotel and condo and to maintain the and not tear down the current two-story building, but to modify that. So it has access to the park. So it is a town square and not a park for Petrucelli's hotel. So at any rate, we will continue to have dialogue with you on that. And I suspect you'll hear from people in the community over the next several months. Thank you, John. One more online.
Hello, this is Takwee Churchman with Greater Calvertown Civic Association. Can you hear me? Yes. Who is it? Is it Takwee? Yes. Okay. Go ahead. Hello? Takwee, go ahead. Can you hear us? Yes, now I can. Okay, go ahead. Thanks. Long meeting, huh? I have five quick questions, probably. Let's see. Two of them are for our town attorney. One is, would you please follow up with forwarding the email to our civic on the letter that you provided to the 20-plus companies regarding the correct truck route, 58 to Osborne to Young's Avenue? And my second question for Mr. Howard is, could we get an update? Could we get an update on the samples that were taken at Patriot Property on Young's Avenue? Do you have one now? There weren't any samples taken at the Patriot Property. Okay. The Suffolk County Department of Health went to that property with us on, I believe it was July 30th, and they didn't see anything that they thought merited sampling. Okay. I'm sorry, Suffolk County Health, you say? Yes, Suffolk County Health Department, Department of Health. Okay. Well, then I'd just like to put on the record that we're concerned, the residents are concerned over the air, the soil, and the water, and especially the material. Another piece of information has come to light for us. On their website, the Patriot's website, it lists that they take in trash and they take in tires, solid waste, and hazardous waste. And refrigerators. And ACs with Freon. The hazardous waste has us very alerted. And we can't tell what was in those, the materials in those mounds. I don't know if by looking at them exteriorly, that would provide a sufficient answer. And I'm hoping that you'll be following up on that, either with the Suffolk County or yourselves. So we went to the property at the end of July. I've identified myself, Deputy Town Attorney Pilo, the fire marshals, code enforcement, Suffolk County Department of Health. And the DEC. And we did sort of a global inspection. And the DEC did measurements and inspected the piles. And the Suffolk County Health Department looked at the materials that were in the piles. And the Suffolk County Department of Health, as I said, wasn't concerned with any of the materials that did not appear to be organic materials in the piles. And I asked them if they would consider sampling. And they said that they didn't. And they said that they didn't see anything that they thought would merit sampling. And I asked them additionally if they thought or if they had any concerns about anything leaching from the piles. And they said based on the depth to groundwater there, they weren't really concerned about that. The DEC issued a report on the amount of material that's there. And the composition of the material is within the, I think it's. It's within the Right. Under the DEC regulations. I have a follow-up email to them sort of questioning how they came up with that amount. Because it does appear to be more than that. It's that they, it has to do with the bulking. And how much of it, what percentage is bulking material and what amount is compost. Or I'm sorry, mulch. So I'm waiting on an answer on that. But irrespective of all that, last week my office issued a letter to Patriot directing the removal of the material. I believe we put in there by September 15th. So we'll be following up on that in the next week or so. And then as to your other question about the letter to the truck companies. I did send that to you following the last meeting. I sent it to the greater Calverton Association email address. If there's another email address that you want me to send it to, I would write that down now. Oh, okay. I'll double check again. It's GCCA, like you see on screen, 1992 at gmail.com. You know what? I'll send one to your office just to give you a footnote so you can respond to it. Okay. Thank you. You're welcome. Thank you. The other three questions I have are for the town clerk. Is there any update to the FOIL turnaround time from the 20 days that were responded to by your office for August? Has it improved any?
I think we should make it 40 days. I'm sorry? I know we've got new software starting and the next request and all that. It may be quicker than that, but I don't think there's anything more. Well, so anytime a FOIL is submitted, you're required to acknowledge receipt of the FOIL within five days. And I think that even the current system that we have has been pretty efficient at that. It's when FOIL requests don't come in through the system, sometimes they get a little lost or when they're not specifically entitled FOIL requests. But the new software should more efficiently. So, you know, we're not going to have to send out the notices to the relevant departments and also sort of collate all the documents that are electronically transmitted. At least that's my understanding. But if the, so you acknowledge receipt within five days, you can either produce within those five days or you can ask for additional time to collect the information. And that typically happens if there's, if it's voluminous information or, you know, or a lack of staffing. So, you know, if there's a lack of staffing, you can ask for additional time to collect the information. And that typically happens if there's a lack of staffing. Also depends on how far back it goes, that sort of thing. So it's not really, it's hard to put a firm standard deadline across all FOIL responses.
Okay. So in your estimation, Mr. Wooten, is 20 days still the turnaround time? Well, that seems to be the rule of thumb now. I know we answer. Several times a day. You get an immediate, they get FOIL every day. So you're going to get an automated response that has been forwarded to the correct, and they have five days to reply that they received it. And then it just comes down to how much time they need. And they'll, they stay in contact with the requester as to how they're progressing. So. In the past, it depends on how specific the FOIL is. The more specific, the easier it is to answer. But when you get into a generalized conceptual idea. It's great. You can go through thousands of emails. And are we talking about just FOIL specific to the town clerk? Or are we talking about town wide? Well, all FOILs. Because I know some departments, it takes longer. They all get generated through me. But it's, they're not necessarily for me. But they get redirected to whatever department would answer that. Right. And then that department has an automatic, you know, we've received it. You know, they get a five-day turnaround to at least say how much time they need to do it. So. And that's normally a 20-day window. Yeah. Yeah. So. I don't see that changing. It hasn't changed. Okay. Okay. I don't see that changing. Thank you. Okay. Let's see. Two last questions. About, and practices for supervisor. We are way over your three minutes. I took up a good amount of our time. Okay. All right. Eric kindly said he spoke most of it. Yeah. Just looking for a site plan made available online. If you have any. I have a site plan for the East End Arts move, including elevations. Is that online? Site plan for the East End Arts move. Is that online? Yes. Yeah. The property is being adjusted. I'm going to say it's probably not online. I haven't seen it online. I haven't either, but I don't, I was hoping to access it somehow. How could I access that? What is, what is your request? Site plan for the elevation of East End Arts. To move the buildings. I would say foil it. I don't, I'm not even sure we have it yet. Oh, it hasn't been submitted. Lifting the buildings. Yeah. Oh, we haven't done those yet. Yeah. We have. I thought you were talking about them moving to the end. I'm sorry. They moved them already. No. Using the lift in the building. Yeah. So it's too soon to ask for them. So I'll wait till next meeting. And the last one is for the Planning Board agendas. Since you've done that really good update on the, on the website for the new town board. Access to the agendas. Could you also list the Planning Board in the same area that you do the town board agenda? On the, on the page that I'm accessing has about four. Insignia is down the list. It has other boards, but it doesn't say there that you can access this at the same place. You do the town board. Could we do something about that only? Cause I went on a goose chase looking for. The. The planning board agenda this week and I found it, but it took me a while because it wasn't clearly marked. It's usually under other boards. Well, I know. We can ask. But then it, but then it goes to the old software. It's going to get easier. Yeah. Well, we're going to. Yeah, we have the new website. Yeah. It's going to get easier. Yeah. So I assume it'll be easier to find that stuff. Planning board that you can. I'm sorry. That wasn't clear. Is there an. It's there now. Talk. We, and it'll be on the website tomorrow. Also terrific. Thank you very much. You're welcome. Anybody else online? Sorry. No. There's Dorothy. Go ahead. Regarding this. And our. And L. You know, my mind land reclamation law, is that something that. The town attorney would look at and potentially advise the board as to. With what Mr. Duffy, the applicant has recently said in terms of needing to excavate the material to provide funds for the project to advise. Advise the board. If it's. If it's legal. Yeah. So we did. I myself and the zoning officer, Greg Bergman, we did look at this. And the DEC will make a determination as to whether they need a permit only after the town board. And the town board considers whether the project can even go forward. So the special permit application has to come before the DEC will even address that. Gotcha. So ultimately it would be up to the DEC to make the determination as to whether they need a mind land reclamation permit or not. Okay. Thank you. Grace. Okay. With that, I'd like to make a motion to close the town board meeting. So moved. Seconded. All in favor. Aye. Seconded. All opposed. Town board meeting is closed. Everybody have a great weekend and stay safe and healthy.
Thank you. Thank you. Thank you. Thank you.