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Collapse

Incident raises questions about high occupancy and code enforcement

A deck collapses at a home on Old Field Road, injuring at least two. Photo from Town of Brookhaven

By Rebecca Anzel

A party at an East Setauket home Aug. 26, attended by about 400 people was interrupted around 11 p.m. when an elevated deck holding 50 to 100 attendees collapsed. Two people were injured and taken to Stony Brook University Hospital, Brookhaven Town officials said.

The 10-foot high, 43-year-old deck did not violate any town codes, according to a town building inspector, but it was unclear if the structure had been inspected since it was built.

The home was illegally converted into living quarters for eight people. An investigation found it did not have carbon monoxide and smoke detectors, and had illegal key locks on interior doors and a broken basement window.

These types of changes, officials said, make it difficult for emergency personnel.

“The deck collapse that occurred this past weekend is a prime example of the serious safety hazards that exist when our governmental codes and laws are violated,” Brookhaven Town Councilwoman Valerie Cartright (D-Port Jefferson Station) said. “The numerous violations at this location jeopardize the health, the safety and the wellness of the home occupants as well as the visitors to the home on that evening.”

The homeowner, identified by officials as Zeyit Aydinli, will appear in Sixth District court Oct. 27 in Patchogue. He paid fines of an undisclosed amount in May for code violations on the same property.

Brookhaven Town Supervisor Ed Romaine (R) said the town plans to pursue legal action against Zeyit.

“We are not settling this case.his case is going to go the distance unless the homeowner wishes to enter a guilty plea.”

—Ed Romaine

“We are not settling this case,” Romaine said. “This case is going to go the distance unless the homeowner wishes to enter a guilty plea.”

He added that no one has been arrested for underage drinking, though three people have been ticketed for violating the county’s social host law, which holds homeowners responsible for underage drinking on their property. Those names were not released, but have been shared with Stony Brook University.

Timothy Ecklund, dean of students at the university, said many of those who attended the party were most likely university students, but there is no way to determine an exact number.

The university is working with town officials to learn as much as possible about the incident, and “appropriate action” will be taken in accordance with university student policy.

Nearby neighbor Lauren Krupp called the police the night of the party to complain about the noise. She said police told her there was already a patrol car in the area. Soon after, Krupp said she heard a loud noise and speculated later it was the sound of the deck collapsing.

Krupp spoke about her interactions with the first group of students to inhabit the house, last year at this time.

“They were very polite young men who introduced themselves,” she said. “We visited the house once and there was a big banner with Greek letters. It appeared that they were a fraternity.”

Krupp said she hopes the incident can be a learning experience.

“I hope this leads to some reform,” Krupp said. “It’s just not appropriate for the neighborhood. It’s lucky there was not a more serious outcome.”

Donna Newman contributed reporting.

A house and property owned by James Grant on Marshall Drive in Selden is unstable and unsecured, leaving it in danger of imminent collapse. Grant has until June 25 to fix the property or the Town of Brookhaven will demolish it. Photo by Alex Petroski

A vacant house on a dilapidated property on Marshall Drive in Selden is in danger of imminent collapse, according to Town of Brookhaven Senior Building Inspector Robert Incagliato.

The Brookhaven Town Board, at a public hearing on May 26, discussed the roughly 2,000-square-foot house and surrounding property, and ultimately voted to demolish the house upon the recommendation of Incagliato and other independent engineers’ reports if no significant progress is made by the owner in fixing the house’s compromised foundation within 30 days.

James Grant purchased the house for about $45,000, he said, in March 2015, with the intentions of rehabbing it and the surrounding property then flipping it to a prospective buyer for a profit. Grant’s sale fell through when the buyer learned of the possibility the town would demolish the structure, leaving Grant with few options. He testified at the hearing that he started the process to obtain a building permit that would be required to fix the crumbling foundation, in April 2015. The building permit, which is good for one year, was issued on October 29, 2015.

“I didn’t know I was under a specific time restraint to get it done,” Grant said.

An engineer’s report from the firm Cashin, Spinelli & Ferretti LLC declared the house unfit for human occupancy on April 15, 2015. The report sites debris and rubbish throughout the property, abandoned vehicles with expired registrations, an illegal and unsafe rear addition to the house, a deteriorated roof and frame, animal and insect infestations and damage to the house’s foundation as evidence for the recommendation to demolish the house. It stands less than 500 feet from Newfield High School.

“It is evident that the owner has not taken any of the required steps to perform maintenance as may be required from time to time to ensure the entire site is safe and secure and does not present a hazard to the adjoining property owners and to the general public,” the report said.

Grant and his attorney argued that he was required to spend about $5,000 to receive the yearlong building permit, and didn’t want to invest more time and money into fixing the property knowing the town was considering having it torn down anyway.

A house and property owned by James Grant on Marshall Drive in Selden is unstable and unsecured, leaving it in danger of imminent collapse. Grant has until June 25 to fix the property or the Town of Brookhaven will demolish it. Photo by Alex Petroski
A house and property owned by James Grant on Marshall Drive in Selden is unstable and unsecured, leaving it in danger of imminent collapse. Grant has until June 25 to fix the property or the Town of Brookhaven will demolish it. Photo by Alex Petroski

Town officials visited the property on May 25, one day prior to the hearing to check on the status of the house and see how much progress Grant had made. According to Incagliato, the front door was wide open along with second floor windows, making access to the dangerous structure easy for anyone.

“The damaged walls and foundation still exist,” town employee Bill Faulk said on behalf of the Town Law Department. “There has been no work done to the house at all.”

Grant and his attorney attended the hearing hoping for a six-month adjournment to continue working on the rehabbing process.

“You can’t just get a permit and use that as a ticket not to do anything for a year,” Town Attorney Annette Eaderesto said. “It has now been exposed since October 29, 2015 to all the elements of the winter. This foundation is getting worse. … We don’t want a kid to be in there when this thing starts to collapse.”

Councilman Kevin LaValle (R-Selden) represents the district that the property is in.

“We’ve been getting complaints about this house constantly and you’re not moving,” he said to Grant. “We’ll give you 30 days. That’s the fairest thing we can do. You’ve had over a year to start to rectify these problems. Now we’ll give you another 30 days. If you don’t make any substantial move at this point, we’ll knock down the house and we’re probably going to do you a favor because I think that’s what you’re going to end up having to do with this structure.”

A check of the house from just outside the property on June 3 showed a roll-off dumpster in the driveway and very little visible debris. The front door appears secured, though second floor windows remain wide open. Leaves and overgrown vegetation remain on the property. It is unclear if any work has been done to repair the foundation.

Grant has until June 25 to stave off demolition, though Eaderesto said he could get an extension if he makes a good faith effort to repair the foundation before that time.