MILLBROOK — From 6:30 to almost 11 p.m. on Tuesday night, April 27, witnesses for the village of Millbrook and Bennett College property developer David Blumenthal, testified before Richard Golden, a hearing judge hired by the village.
Golden listened to arguments about the village’s January 2010 notice of “unsafe building� and “order to demolish the structures� of the former Bennett College.
All members of the Village Board sat in the front row, joined by about 15 other village residents in the audience, as Rebecca Valk, attorney for the village, and Mark Miller, from the law firm of Veneziano and Associates, representing the developer, questioned witnesses.
It was a slow battle of exhibits, maps, page numbers and detailed, sometimes halting, testimony at the Millbrook Firehouse.
Village resident Frank Genova said he came to the hearing, “To see what was going on.�
It was a chance to listen only, as no comments were permitted from the public.
There was agreement by both sides that some of the Bennett buildings need to be demolished. At issue was whether the buildings are currently a public nuisance and whether their collapse is imminent and present a public danger.
The village argues that the buildings must be demolished now, and the developer contends it cannot comply with the demolition order without violating other state and federal laws and that the buildings are not of danger to the public.
Presenting her opening argument, Valk stated the buildings are the gateway to Millbrook and present a risk to general heath and safety.
“The buildings are unsafe and must come down, soon and now,� Valk demanded.
On the developer’s side, attorney Miller argued that there is a “significant distance� separating the buildings from the road, that the buildings are boarded up and scheduled for demolition.
Miller maintained that they cannot be taken down immediately without violating the Department of Environmental Conservation (DEC), the State Environmental Quality Review Act (SEQRA) and historic preservation protection.
Further, Miller argued that there is no indication of imminent collapse, and that the only potential danger is to trespassers who enter the buildings. There have been no reports of injuries at the site.
The village’s first witness was Bill Rohde, a practicing structural engineer since 1970, who testified concerning his Oct. 16, 2009, report on the structural integrity of the buildings. He admitted that he had not actually entered the buildings because it was “too big of a risk.�
Rohde said he had read the reports done by the developer’s own engineer, Weintraub and Associates, in 2006, and concurred with their assessment of “significant areas of deterioration and collapse.� Rohde said he doubted whether the buildings could be secured even over the short term.
According to the New York State building code, Rohde said, “The buildings are dangerous and unsafe.�
He estimated that it would take three to six months to get the necessary permits to demolish the buildings. On cross examination Rohde declined to answer whether it would be unsafe to walk around the buildings or what would happen if the buildings were demolished within 30 days, as required by the order. Rohde maintained that the impact of a building collapse “Doesn’t stop at the property line.�
Lynn Fitzpatrick, a resident at the 40-unit Bennett Commons condos, pointed out the closeness of the Bennett buildings to the swimming pool and tennis court of the Commons on a site map.
Miller countered that the pool and tennis court had been constructed in the ’90s, well after Bennett College had closed.
Ken McLaughlin, village building inspector and code enforcement officer, was the next witness for the village. “Halcyon Hall is in a severe state of disrepair with falling debris and there has been a failure to maintain the property,� he testified.
He also asserted that over the course of several months, despite conversations with the owners, they had failed to secure the site or maintain the property.
The notice of unsafe buildings, although dated on Dec. 21, 2009, was actually mailed in late January and ordered for repair or demolition and removal before Feb. 28. He explained that this was part of a process to begin the permitting required to take down the buildings and that he expected, as usual in these cases, some sort of response from the buildings’ owners with a general time frame for remedy.
He estimated that if the Halcyon building collapsed its drop zone would be 1.5 times the height of the structure. Under questioning from the judge about the size of a collapse zone McLaughlin said he had not determined how large the area would be.
“My belief is that the buildings constitute an attractive nuisance,� McLaughlin said.
Under cross-examination McLaughlin acknowledged he had not entered the buildings. The first time he visited the site was in May of 2008 when the doors to Halcyon Hall were wide open and the interior clearly unsafe to enter.
He restated Rohde’s position that it was unnecessary to enter the buildings to determine that they were structurally unsafe. He also denied that his decision to issue a demolish order was in any way influenced by the Village Board.
To Miller’s direct question, “Is the general public threatened by what’s going on?� McLaughlin replied forcefully, “Yes, there is a danger of collapse.�
After a brief recess David Blumenthal, Bennett project manager, took the stand. He was the only witness who has actually been inside all the buildings. Blumenthal, who claims he carries a screw gun in his car to reattach plywood over the first floor doors and windows, squinted at the many documents he was asked to read by his counsel.
Blumenthal’s testimony was that the property is posted and that police are authorized to arrest trespassers, that no one has been injured, that demolition of the buildings is very complicated and that the SEQRA process needs to be followed.
He explained the Article 78 appeal by private Millbrook citizens to block the project has now advanced through the courts to another appeal level. In extensive detail he elaborated on the State Historic Preservation Office (SHPO) recommendations, and asserted that 95 percent of the asbestos present is nonfriable.
“The buildings are not unsafe and there is no danger,� he maintained.
On cross-examination Valk questioned the validity of the SHPO letter and recommendations, but was overruled by the judge. Blumenthal asserted that the buildings have withstood high winds and winter snows for 30 years and still have not collapsed.
“In the event of collapse, the building will fall inward or collapse down hill away from adjacent properties,� he said, while admitting he’s in no way an engineer.
The last witness for the village and the evening was Justin Scribner, Millbrook’s part-time police officer. He testified about citing adults on the site and the attraction of the buildings to trespassers.
Two witnesses were unavailable, so another hearing will be scheduled for their testimony before closing statements and final written arguments are presented to the judge. The village will post the date for the final portion of hearing once confirmed.
Submitted
