Way cleared to raze Warwick Neck house

John Howell
Posted 5/26/15

A Superior Court ruling Friday morning appears to have ended more than a decade-long effort to rid Warwick Neck of a once estate-like home now vacant and filled with mold, with a partially collapsed …

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Way cleared to raze Warwick Neck house

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A Superior Court ruling Friday morning appears to have ended more than a decade-long effort to rid Warwick Neck of a once estate-like home now vacant and filled with mold, with a partially collapsed roof.

Superior Court Associate Justice Allen P. Rubine, agreeing with the arguments of Assistant City Solicitor Diana Pearson, denied the appeal of Deutsche Bank National Trust Co. for a temporary restraining order of the Municipal Court Judge Joel Gernstenblatt’s ruling that the city could raze the house at 1007 Warwick Neck Ave.

Soon after Rubine’s ruling, the city moved a bulldozer to the house so that asbestos abatement and a cleaning out of the house could begin as soon as today, in anticipation of the structure being leveled and the foundation filled in.

The development was a happy turn of events for Ward 5 Councilman Ed Ladouceur, who made cleaning up the property a campaign pledge more than three years ago. Ladouceur imagined he had won the battle when Gerstenblatt granted the city an order to demolish the house on April 3, 2014. Last Monday, the City Council approved a $27,000 contract to have the house demolished. The cost of the cleanup will become a lien on the property, thereby ensuring the taxpayers will get their money back.

Then Deutsche Bank, acting as trustee, brought the request for the restraining order on grounds that the current owners have an agreement to sell the property to Paul Oliveri of Coventry for $180,000. The bank said Oliveri planned to refurbish the property and abate the violations.

It looked to be another twist that would derail demolition and conceivably delay any action for many more years.

Ladouceur was steaming and questioned if, since Superior Court had not heard the appeal, the city could move ahead on Gernstenblatt’s ruling. Interim Chief of Staff William DePasquale conferred with City Solicitor Peter Ruggiero and advised against it. He said it would be like the city “thumbing its nose” at Superior Court.

Reached before Rubine’s ruling, David Picozzi, director of public works, said he had hoped to complete demolition early this year, but the prolonged winter and demands it created made that impossible.

“We were going to tear it down, but there was no way. We were so busy,” he said.

Picozzi said the interior of the house is like someone just walked away from it, only the walls and floors are crumbling because of holes in the roof and the mold is so overpowering that “you have to wear a mask.” He said there is furniture in the house and “debris is everywhere.”

According to those in the division of minimum housing, issues with the house are believed to have started after a storm damaged the roof more than a decade ago. The owners, Catherine and Brian Preble, reportedly filed claims for the damage, but for whatever reason repairs were never made. Reportedly the Prebles filed for bankruptcy and have since moved to Danby, Vt., leaving a confused trail of who owned the property and who the city could hold responsible for cleaning it up.

According to the Municipal Court documents, EquiFirst Corp. held the mortgage at the time of Gernstenblatt’s order.

Attorneys Korde and Associates moved for a foreclosure sale on May 14, which was advertised and had Councilman Joseph Solomon questioning at the May 19 council meeting if the property was under new ownership and whether those owners were aware of Gernstenblatt’s ruling. As it turned out, the foreclosure sale was canceled.

If the property went to Paul Oliveri, Ladouceur was convinced it would be months, if not years, before it was either leveled or gutted and renovated. He was elated with the outcome Friday.

“Diana did a great job. She did awesome,” he said of Pearson.

Ladouceur attended the court hearing. He said Pearson gave him strict instructions to keep his mouth closed, which he abided.

With the ruling, he said the neighborhood could now look forward to having the property cleaned up.

“Everybody worked together and we got it done,” he said.

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