By David Avitabile
MIDDLEBURGH - The Village of Middleburgh may own the "chalet" by late April or mid-May.
The papers have been filed, and unless there is a protest from the current owners - which the village does not expect - the village could own 111 Railroad Avenue within the next two months.
Village attorney Fred Mauhs told village board members Monday that the notice of intent to file abandonment proceedings documents have been filed with the Schoharie County Court. Notices will be sent to the current owner, and the company that holds the mortgage and a "30-day clock" will commence. After 30 days, the intent to abandon the property documents will be filed. If there is no response, a hearing would be scheduled for 15 days later. The village does not expect any of the owners to show at the hearing. At that hearing, the judge can order that the mayor can transfer the deed of the property to the village.
Once the village takes ownership of the two-story wooden building, it will be demolished and a parking lot will be put in its place.
At a special meeting in February, board members authorized Mayor Tim Knight to sign a legal agreement with Young Sommer to proceed with the 111 Railroad Avenue property acquisition. The estimated cost for this procedure is $2,500, so long as there are no issues. Mr. Mauhs has supplied Young Sommer with the applicable legal documents and research he has compiled since last year, while Village Clerk Melanie Laraway has provided them with the property owner's tax delinquency files.
At February's regular village board meeting, Mr. Mauhs said he prepared the legal notices to file the Article 19-A proceeding. An Article 19-A proceeding is a special proceeding to convey title to an abandoned dwelling to a municipality, in this case, the Village of Middleburgh.
According to state law, an Article 19-A proceeding stated that upon a finding by the court that the dwelling is abandoned, the court shall enter a final judgement in favor of the petitioned, also in this case the village.
Mr. Mauhs said the papers will be sent to the current owners, Full Moon Dry Cleaners in Patchogue, Long Island, and the prior owners, DTH Roe Inc. of Austin, Texas. DTH supposedly holds a $34,000 mortgage on the abandoned property.
The village will wait for an answer from Full Moon and DTH but none is expected, Mr. Mauhs said.
Village officials noted that the companies could be "shell companies" set up to move money around.
The village is attempting to gain ownership of the property through eminent domain.
On Halloween, Village Code Enforcement Rick Fink placed a Notification of Certification of Abandonment on the building.
Village board members in October agreed to move forward to take ownership of 111 Railroad Avenue for the purpose of demolition. The plan is to use the cleared lot for parking. Village board members have agreed to get quotes for an asbestos survey and the removal of the asbestos.
In October Mayor Knight had one quote from a firm proposed by the village engineers, Delaware Engineering. The quote for the asbestos survey was $2,150. To continue the process of buying the building, the 2025 village budget includes $4,000 for litigation to purchase the building.
The removal of the asbestos and eventual demolition of the building will, of course, have to wait until the village gains ownership of the building.
In September, board members were told that the village had been contacted by two firms with quotes on demolishing the two-story wooden building that has been abandoned for several years. The quotes for demolition were $35,000 and $57,500. One firm assumed there was asbestos in the building, the other did not. There was no indication that the quotes would expire any time soon. Grants could be available to help pay for removal, the Mayor said.
Village officials have tried, and failed, to contact the owners of the building.
The building has been abandoned and been owned by absentee landlords for years. It is now home to pigeons, other animals and human intruders. The building, which was a dry goods and mercantile store 100 years ago, was the subject of a Mountain Eagle Forgotten Schoharie County feature last summer.
Last summer, Mr. Fink told board members that he has issued violations, to no avail.
It was noted that the property is sometimes listed in Zillow for sale and is quickly sold to someone (or some business) outside the area.
The building is currently owned by a dry cleaning company out of Patchogue, Long Island. The corporation, Full Moon Dry Cleaners LLC, located on 25 East Patchogue-Yaphank Road in Patchogue, Long Island, has owned it since January 2022. The deed was filed in April 2022 with a purchase price of $60,000, according to the Schoharie County Real Property Tax office. The office "red flagged" the sale because of the purchase price. Attempts to contact the company have been fruitless.
In addition to the Mountain Eagle's attempts to contact Full Moon Dry Cleaners, the Village of Middleburgh has sent the owners tax bills and other letters for over two years. All have gone unanswered. The county Real Property Tax Office has reported that the 2023 town and county and 2022 school tax bills are delinquent. Water and sewer bills also are not being paid.
The wooden two-story building (with an attic), which has been nicknamed "the chalet" by some local residents because of its trim and siding, has had several owners over the past 20 years.
Before being purchased by the Full Moon Dry Cleaners (no phone number listed), which filed the deed in April 2022, it was owned by DTH Roe Inc. of Austin, Texas. DTH Roe bought the building from Deutsche Bank National Trust Company of West Palm Beach Florida (and a post office box in Texas) in February 2017. Deutsche Bank bought it from Gerald Morales in April, 2016, according to the county Real Property Tax Office. Mr. Morales purchased it from Snyder Proper LLC, which was incorporated in October 1998.The oldest deed for the building is listed as Albert Bliss in the early 1900s from Carr Sheldon for the lot off of Sheldon Avenue. Members of the Bliss family said the property was deeded to Frank Bliss in 1895 and was in the Snyder family until 2005.
The building served as a dry goods and mercantile store for many years, selling Pillsbury Flour among other items on a dirt street.
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