THE HUDSON VALLEY'S NEWEST OLD NEWSPAPER
ELLENVILLE, NEW YORK
12428
THURSDAY, AUGUST 23, 2007
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Main Photo
Debbie Bradford stands in a partially filled hole next to her Canal Street home. The hole had been there for over year. Photo by Stefan Spezio.
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A Hole Big Mess
Property Dispute Resolved – For Now

At the last village board meeting Debbie Bradford and husband Richard asked the board to do something about their neighbor - a gaping hole in the ground measuring some 20 feet wide by 40 feet long by about 8 feet deep.

A fire in March of last year consumed the home at 256 Canal Street. A month later, a contractor cleared away the debris and left the hole next to the Bradford's house. Someone then bought the house and the Bradfords waited to see signs of new construction.

But village employees began filling the hole earlier this month when they brought eleven loads of fill before the lot's owner promised to start construction on a new modular home. The Bradford's had had enough.

“It's been 545 days since the day that hole appeared,” said Debbie Bradford.


The hole before it was even partially filled.
Photo courtesy of Debbie Bradford.
 
Village codes dictate that a hole of that size may remain open for up to a year without being in violation.

She went on to say that she and her husband sent a registered letter last June to Ellenville's Building Codes Enforcement Officer Brian Schug, asking him what, if any progress, was being made. The visit to the village board was a further attempt to get an answer to that question.

“It's four feet from my driveway. My driveway is caving in,” continued Bradford.

In a follow-up interview Bradford expressed a sense of frustration with the village's timetable saying, “My thing is that I have lived here for 30 years and I pay my taxes. Am I any less important than someone who buys land in the village?”

Mayor Jeff Kaplan expressed some concern that deciding to fill the hole without further contact with the lot owner, Levi Hecht of 770 Development, may discourage developers from coming into the area.

"This developer took some of our worst properties and made them livable again. If you want to run them off, this is a good way to do it.”

Kaplan, an attorney who specializes in real estate, has represented Hecht in the past.

Agreeing that the Bradfords had been very patient, and that the property owner, Levi Hecht, had taken advantage of the village the village board unanimously voted to fill the hole at 256 Canal Street and charge Hecht with the full amount for the fill material, the labor and fuel costs - costs that Hecht says have now placed building on the lot “financially out of reach.”

Asked for his reaction to the village's decision, Hecht responded, “I actually feel pretty hurt that the village would make that decision without speaking to me. I have put over $15 million in the local economy - I use all local contractors,” said Hecht.

Hecht, who says that he has built and remodeled over thirty homes in the village over the past seven years said, “I think it was a mistake on the part of the village. I don't think it was in the village's best interest.”

Hecht went on to say that he is invested in the area and wants to see it grow in the future.

“I own a house in the village. I have my business in the village. I see potential in the village,” he said.

Brian Schug felt that the issue concerning Mr. Hecht and the lot is not unusual.

Schug, who characterizes Hecht's attitude towards village requirements as nonchalant, said that he has sent three written notices to Hecht informing him of the village's concerns and that the response he gets is, “'I'll have it done in a week. I'll have it done in two weeks.' And then the deadline goes by and nothing gets done. At times he is forced to do what he has to do.”

Schug concluded by saying, “As an individual, he's [Hecht] a nice guy. As a businessman, he leaves a lot to be desired.”

As for Debbie Bradford?

The last load of fill arrived on Friday. Bradford put the count at over 50 loads of fill. Village Manager Elliott Auerbach was more conservative saying that there were, “over three dozen” loads.

“I am satisfied. I will say 'thank you' to the village board for doing the right thing,” said Bradford.

Asked about the possibility of buying the lot, Bradford's response was enthusiastic. “Absolutely. I would love to buy the property.”

As for Kaplan's concern that this may dissuade future developers from moving into the area - at least one is looking to stick around.

Hecht reiterated his intent to stay, declaring, “I do plan to build much more in the village. I hope next time it goes much smoother. I have too much invested in the area to leave.”

Auerbach said Hecht will be notified of the cost within 10 days, and will have the option to appear before the board to protest. Hecht said that he intends to do just that.

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