After the restaurant closed and people started asking questions, on May 31st 2025, ALBB reached out to the landlord, Joseph Donovan of Lindley Todd, LLC with a list of questions about the types of repairs needed. By June 4th he responded: “Yes, my wife and I are the principals of Lindley Todd, LLC, the property owner. A collection of events led to a detailed inspection of the store and cellar (by the health dept, and bldg. inspector, and ourselves) and the realization that extensive repairs were needed … the scope not feasible with continued occupancy of the retail/restaurant space.”
Tito Santana was started 14 years ago by Kamel Jamal, a restaurateur who has started and owns and co-owns several eateries on Main Street in Beacon. He sold Tito Santana’s to the current owner, Milan, 3.5 years ago in January 2022.
What Were The Violations?
Of the 7 violations, Tito Santana fixed 5 of them that were their responsibility, Milan said. They had already moved necessary items out so that Lindley Todd, LLC could do work on the 7th violation involving the basement and kitchen floor damage from the wood-boring insects, as well as a plumbing issue.
“I moved everything for the kitchen floor. I already took stuff from the kitchen to storage. I would have moved more to storage to fix whatever he needed. We were preparing ourselves for the busy summer season, so had purchased food and drinks. I had to throw away $30,000 worth of food and drinks (cost with receipts, not retail value) when he terminated the lease with 7 days notice and mandated that the space be left in ‘broom clean condition’.”
According to the “Order to Remedy - Cease Operations,” the violations were as follows.
2020 Fire Code of New York State November 2019: "The commercial kitchen exhaust hood and fire suppression system was overdue for the 6 month inspection and cleaning. Expired May 1, 2025"
Power supply: "Behind the front counter there were several multi-plug adapters plugged into each other and not plugged directly into a wall receptacle."
Unapproved conditions: "In the kitchen area there was a 2 gang floor receptacle that was not properly secured to the wall and the cover plate was not secure to the box, exposing the wires on the inside."
Plumbing system hazards: "The DWV vent, an Air Admittance Valve, was located within the umbrella of the kitchen hood at a close proximity to the range top. Physical damage to the pipe has occurred due to radiant heat exposure."
Clearance from ignition sources: "The commercial range located under the Type 1 hood is mounted above a wood dolly cart. The wood dolly is a combustible material that is located too close to an ignition source."
Extension cords: "An extension cord is being used to power a large walk-in cooler outdoors. Extension cord is (1) not protected from physical damage (2) affixed permanently to the building (3) is routed through a door to the outside (4) is plugged into several multi-plug adapters."
This was the largest structural violation that the Beacon Building Department required the property owner, Lindley Todd, LLC to fix:
This violation was identified as "Unsafe Conditions": "The floor joist, seen from the basement area, show evidence of severe deterioration due to wood-boring insects. An engineer evaluation of the flooring system is required prior to repair. Permit required for this work."
Violation: 305.1.1 - Unsafe conditions.
Code Reference: 2020 Property Maintenance Code of New York State November 2019
Description: The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Building Code of New York State or the Existing Building Code of New York State as required for existing buildings as required for existing buildings, or the Residential Code of New York State as applicable:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength.
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects.
3. Structures or components thereof that have reached their limit state.
4. Structural members are incapable of supporting nominal loads and load effects. 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the building official.
Reason For The Lease Termination
The reason Lindley Todd, LLC stated in an email terminating the lease, which was emailed by the property manager Sean Noble to Milan, invoked the “Fire/Damage Clause.” But there was no fire or damage from a fire.
There a faulty fire panel, which triggered this cascade of intervention. But this wasn’t the first time the fire panel didn’t work, Tito Santana told ALBB. Multiple issues had been wrong and gone unrepaired for some time, despite numerous requests to fix, and spoken promises to deliver, Tito Santana told ALBB. Several of those exchanges are in emails between the two.
"It's brutal to do something like this to anybody," Milan told ALBB. He had 6-7 employees who worked in the kitchen and in the front serving customers. “I was willing to move out for him to fix the place. He just handed me a termination.”