Two months after a Greenport’s woman was destroyed by fire, she found herself facing delays and a potentially hefty fee for an asbestos test at last night’s village board meeting.
The charred remains of the Peggy Richards’ Kaplan Avenue home still remain standing in Greenport, a fence surrounding the property and remnants of a couple’s home scattered in the rubble.
Earlier this month, the Greenport Village planning board denied an appeal of the notice of public nuisance made by Richards for the parcel, located at 415 Kaplan Avenue.
The notice was served on March 11, and “directed the property owner to abate the public nuisance by completing the demolition and removal of the structure and remaining portions of the structure of the property, removing all remaining debris, properly grading and restoring the property to be in harmony and conformity with the maintenance standards of the adjacent properties.”
Richards, who has been homeless since the fire and recently moved into a new apartment on 5th street, began by saying that she’d appealed because a five-day notice is served if the building was an immediate “fire hazard”; otherwise,she said, the normal time period was 21 days.
The planning board’s denial of her appeal sent the issue to the village board, who passed a resolution last night.
Last night, new Mayor George Hubbard said, due to a “change in circumstances since the creation of the agenda, the text read as a “resolution denying the appeal of Margaret Richards of the April 2, 2015 decision of the Greenport Village Planning Board and authorizing the Village of Greenport to commence an action in New York State Supreme Court under New York State General Municipal Law Section 78-b and Greenport Village code Chapter 90 to demolish the portions of the building remaining at 415 Kaplan Avenue and remove the debris from the property and to take such action as necessary to remedy the nuisance and unsafe conditions at the property.”
Richards began by asking if she could be heard; since the issue at hand was an appeal, “I think you’d like to have my side,” she said.
She said that five days’ notice for demolition applies only when a property proves to be an “imminent danger”; she said she believes she should have been given 21 days notice.
Now, Richards said she her bank has donated the money for the demolition and she has a contractor ready to tear down the structure, but was stopped by Village Administrator Paul Pallas, who said the property needs to be tested for asbestos, with an asbestos certificate needed, to the tune of a $5,000.
“I really feel targeted,” Richards said.
Hubbard said he’d only learned of the new development late in the afternoon and had had no time to see what could be done. He promised to investigate first thing this morning.
Richards said many village homes are torn down and she’d never heard of any being held up “for something like this. Now you are telling me you are taking me to court.”
Hubbard said that resolution was only written that way to protect the village in the event that the demolition didn’t take place. He said the issue of asbestos only came up yesterday.
Village attorney Joseph Prokop said the asbestos issue “was brought to our attention by an outside party” and the village was working to see if an asbestos certificate was required.
“I have the money to do the demolition but nothing extra. It’s not right that this is thrown at me two months into the procedure. If this needs to be done, you guys should pay for it,” Richards said.
Hubbard said he, too, was “shocked” and said the goal was to work with Richards after the loss of her home.
“It surprised us all,” said Trustee Mary Bess Phillips.
Village resident Chatty Allen said if there was asbestos, nearby residents should be notified because of open windows and babies in nearby homes. But, she added, “It’s bad enough to lose your home, but then, to go somewhere for refuge and have something near you burn again. This woman has been through a lot. I have faith you guys are going to work with her and not put her though anymore heartache.”
While finding shelter at the parsonage of the First Universalist Church of Southold, Richards faced the unthinkable as the church she loved deeply was also destroyed by a raging blaze. She also found the lifeless bodies of her beloved pets in the ruins of her former home.
Richards and her partner Ken MacAlpin, along with a tenant, escaped into the frigid February night unharmed as their home burned, but were left with nothing. The community stepped forward to help, setting up a donation drive and a Go Fund Me page.
