UntitledRESOLUTION SETTING UP A PUBLIC HEARING ON
PROPOSED AMENDMENTS TO JUNKYARD ORDINANCE
WHEREAS, the Town Board of the Town of Wappinger,
County of Dutchess and State of New York, has decided to hold
a public hearing regarding the amendments proposed to the
Junkyard Ordinance of the Town of Wappinger, as shown on the
attached schedule.
NOW, THEREFORE, BE IT RESOLVED, that in accordance with
Section 264 of the Town Law of the State of New York, a public
hearing beheld on the day of June, 1984 at 7:30 P.M. at
the Town of Wappinger Town Hall, Mill Street, Wappingers Falls,
New York. All interested persons shall have an opportunity to
be heard at said meeting; and be it further
RESOLVED, that the notice of the time and place of the
hearing shall be published at least ten (10) days before the
time and date of the hearing in the t'� ���
which is a newspaper of general circulation in the Town of
Wappinger.
BY ORDER OF THE TOWN BOARD
TOWN OF WAPPINGER.
OFFICE OF THE
ZONING ADMINISTRATOR
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS, N. Y. 12590
Tit- 297.6256
June 5, 1984
MEMO:
TO; Joe Incoronato, Councilman
FROM:Pam Farnsworth, Zoning Administrator -e
RE: Proposed changes in Local Law --Junkyards
The following comments are based both on the existing
July 11, 1977 law re: Junkyards and the proposed changes
noted in the memo of May 28, 1984.
In preparinq this memo, I found the need to refer to
the full document as proposed. if there is opportunity for
such review once comments are assembled and alterations .made,
please include me.
re: Section 1
Line two of the '77 law needs an editioral correction.
Chanqe :...in so doing to be a requlate..." to "...in so
doing to regulate...', deleting "to be a "
re: Section 2- Definitions
Instead of "auto", why not use the term vehicle here,
and throughout the ordinance.
re: Section 4, Application for License
The first few sentences of paragraph four should probably
be deleted since no one can now start a junkyard in the Town
of Wappinger because they are neither a permitted or accessory
use. The existing junkyards are, in effect, non -conforming,
continuing uses.
As I read the section of the current law, application is
made to the Town Clerk. Action by the Town Board on this
application for a license is not clear. In the case of dog
licenses or fishing licenses, the Town Board has no evident
role. So why here? Since junkyards are not a permitted use,
and since there is no reference to the requirement for a
Special Use Permit for same in the Zoning Ordinance, where
does the authority for issuing a license come from?
PAGE --2 --
Further, no reference is made in this passage as to who shall
inspect or that there shall be inspections. (Although inspection
is mentioned in Section 5)
It appears that the Town Board's involvement is in revoking a
license, as appears in Section 5.
re: Section 5, The License
I concur with the yearly licensing fee of $200 to cover process-
ing and one inspection. Fifty Dollars additional inspection due to
non-compliance also appears reasonable, but its collection and
adminizitration is not clear. (Do l collect it in the field and carry
around a receipt book? Generally, fees such as this are collected by
the Town Clerk. Would I inspect the first time, and finding non-
compliance then, request permission to enter the site for another
inspection doing so by mail with a carbon copy to the Town Clerk.
The Town Clerk would later receive a memo from the Zoning Administrator
that the additional inspection had been done, so the Town Clerk could
bill the Junkyard Applicant).
The current law states that the license is effective until the
318t day of December. I recommend that the license continue until
the 31st day of August, with application for renewal to be submitted
by September 15 and inspections and compliance completed by October 15.
re: Section 6, Regulations
I concur with the need to specify the height of a fence or other
visable barrier. A 7' high fence is specified in the Zoning Ordinance,
section 404.42 et al (see especially 404.421). A buffer area is also
advisable, but the proposed 100' buffer area might, in effect, decrease
the storage area such that it could put two of the three junkyards out
of business. I recommend a 50' set -back or buffer area, which may by
variance & conditions be varied by the Zoning Board of Appeals. Relative
to crushing operations, only one existing junkyard could meet the 400'
requirement.
Note 1: In review of the files while preparing this memo, I found a
form entitled:
"?application for Salvage Dealer's License which was used by
Witchey in 1983. This printed form includes the statement: "An ordinance
Licensing and Regulating the Activities of Dealers in Second hand Materials,
Junk and Used Auto Parts", adopted by the said Town Board on the 29th of
December, 1960.... (emphasis mine). I recommend that the application forms
be updated to reflect the law permitting such use.
Note 2: When the public hearing is scheduled for this ordinance, I
recommend that the current Junkyard dealers receive a copy of the 1977
law as well as the proposed amendment.
cc: Bernard Kessler, Attorney to the Town