The Department of Buildings (DOB) started inspections of all Bayside area decks this week, in response to community members voicing their concerns over a contractor who has constructed a handful of decks and homes in the neighborhood, including one that collapsed and led to the death of an elderly woman.
"Weve decided to be pro-active and to go door-to-door," said Sid Dinsay, DOB spokesman. Inspectors will be visiting 2,000 Bayside homes within 30 days. On Monday, a number of inspectors were in Bayside, checking out decks but not penalizing owners for decks without permits.
For the next month, city residents can call 311 if they believe that their deck is faulty and inspectors will visit the property, said Mayor Michael Bloomberg.
Maria Avendano, 68, had been attending an outdoor surprise birthday party at the home of Gerzon Mendoza on 37-11 221st Street, at the time of her death. She was standing on the elevated deck, with a dozen other people, when it gave way under the weight of the partygoers. Avendano was trapped beneath the rubble and pronounced dead from a ruptured aorta.
"We heard crackling and screams," said Maureen Higgins, 55, who was having dinner next door, when the incident occurred.
According to property records, Mendozas deck was built by Steven Gaetano, who has constructed several decks within the parameters of 35th Avenue, Bell Boulevard and Northern Boulevard. Gaetano did not return messages that were left for him at Gaetano and Associates in Ossining, New York. An employee at his office told The Courier that Gaetano was not taking calls from the media. Dinsay said the DOB is currently investigating Gaetano, but wouldnt comment further.
Property owners become responsible for their buildings and structures attached to them, whether or not they are the original owners, said Dinsay. Theres a chance that the work-without-a-permit violation will get dismissed, provided Mendoza can prove the deck was built prior to his ownership, said Dinsay. However, Mendoza will most likely have to pay a fine of up to $2,500 for failure to maintain, since the deck was water rotted. "The deck looks like it fell apart because water had saturated one of the support beams," said Dinsay.
Mendozas property has had its share of complaints. In the fall of 1989, the DOB received a complaint that the owner at the time, constructed an illegal retaining wall in the rear of the property. However, the wall was found to be legal. A year later, inspectors ticketed the owner for constructing a wood structure on the property but the incident was resolved. In the same year, there was a new building permit that was applied for and eventually issued. Its unclear whether the existing home was torn down and rebuilt, said Dinsay. However, there was never any permit issued to construct a deck.
Gaetano is no stranger to Bayside. In the late 1980s, Gaetano bought a building on 35-55 223rd Street, which was formerly home to The Columbian Fathers Retreat House, for retired priests, said Higgins, who is a local realtor. Gaetano had planned to move Les Clochettes Nursery School, which was located a few doors down from the retreat house, into the space. However, that never happened because Gaetano allegedly didnt use firedoors or flame retardant materials in the building. A non-disclosed violation was filed against the property in 1989, but was eventually dismissed, according to building records. Currently, the building is being used as a special education school and is no longer owned by Gaetano.
Higgins always recommends new homeowners to have an engineer inspection before purchasing a home. "An engineer is supposed to look at the inner trappings of a home," said Higgins. "We ask people to get a few recommendations from their family and friends…although it costs around $400 to $700 for an inspection, its well worth it and saves lives," said Higgins.
