1992-05-26RESOLUTION
At a regular meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, held at Town Hall,
20 Middlebush Road, Wappingers Falls, New York on the 26th day of
May, 1992 at 6:45 p.m.
The meeting was called to order by Constance O. Smith, and
upon roll being called, the following were:
PRESENT: Supervisor - Constance O. Smith
Councilpersons - Robert L. Valdati
June A. Visconti
Robert P. Wallace, Jr.
James Mills, Jr.
ABSENT:
The following resolution was moved by Councilperson
and seconded by Councilperson
WHEREAS, Braker Associates, Ltd. (the "corporation/owner")
is the fee owner of certain real property situate in the Town of
Wappinger, Dutchess County, New York, located at 36 Old Route 9,
and identified by tax grid #19-6157-02-543900-00 (herein referred
to as "the property"); and
WHEREAS, the property was improved by several buildings,
including an unoccupied residential structure (the "structure"),
which structure was substantially damaged by fire on or about
October 20, 1991; and
WHEREAS, on or about October 21, 1991, the owner was served
with a notice by Mark Lieberman, the Fire Inspector of the Town
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of Wappinger, directing that the structure be demolished and
removed from the property; and
WHEREAS, the owner did not maintain any fire insurance or
hazard insurance coverage for the structure; and
WHEREAS, the owner acknowledges that the structure must be
demolished and completely removed and must be made safe; and
WHEREAS, pursuant to an affidavit signed on February 18,
1992, by Rose Braker (the "Braker Affidavit"), the only officer,
director, employee and stock holder of the corporation, copy of
which affidavit is attached hereto, the owner consents to the
demolition of the structure and its removal by the Town of
Wappinger and acknowledges that all costs associated with such
demolition, removal, and making the property safe, including
legal and engineering fees, will be assessed and levied against
the property, with the costs thereof included in the next State,
County and Town tax bill to be issued in January of 1993; and
WHEREAS, among other things, the affidavit further
acknowledges that in the event that the owner sells the property
prior to the levy of the 1993 State, County and Town tax bill,
all costs incurred by the Town of Wappinger in connection with
the demolition of the structure, and all related costs in
connection therewith, which would otherwise have been assessed to
the real property tax bill, shall be paid from the proceeds of
the sale. In addition, the owner further agrees to indemnify
safe and hold harmless any innocent bona fide purchaser for value
from any of the costs incurred in connection with the demolition,
�A
removal and rendering safe and set forth herein and in the Braker
Affidavit; and
WHEREAS, Mark Lieberman, Fire Inspector of the Town of
Wappinger, by written report dated March 23, 1992, has further
advised the Town Board of the deteriorating condition of the
aforementioned structure located at 36 Old Route 9 in the Town,
identified under tax parcel number 19-6157-02-543900-00; and
WHEREAS, in consequence of said report, the Town Board
caused a "Notice to Repair or Remove Unsafe Structure" to be
served on Braker Associates, Ltd. directing the owner to commence
the repair or removal of the structure by May 29, 1992, and to
complete such repair or removal no later than June 30, 1992 in
accordance with Town Law § 130 and Town of Wappinger Local Law #8
of 1982; and
WHEREAS, a copy of said Notice to Repair or Remove Unsafe
Structure was duly served upon Braker Associates, Ltd. on May 5,
1992; and
WHEREAS, a copy of the Notice to Repair or Remove Unsafe
Structure was filed in the Dutchess County Clerk's Office on or
about May 8, 1992 in the same manner as a Notice of Pendency; and
WHEREAS, Mark Lieberman, Fire Inspector of the Town of
Wappinger, by written report dated May 20, 1992 has advised the
Town Board that the property owner, Braker Associates, Ltd., has
not begun, and will not begin the repair or removal of the unsafe
structure in accordance with its specific consent that the
proposed demolition be undertaken by the Town; and
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WHEREAS, the Town Board hereby determines that it is in the
interests of public health, safety and welfare of the residents
of the Town of Wappinger to cause the demolition and removal of
the structure located at 36 Old Route 9, identified as tax parcel
number 19-6157-02-543900-00, owned by Braker Associates, Ltd.;
and
WHEREAS, Mark Lieberman, Fire Inspector of the Town of
Wappinger, and Thomas Classey, Building Inspector of the Town of
Wappinger, are authorized to solicit bid proposals for the
demolition of said unsafe structure pursuant to the report of the
Fire Inspector, the consent of the owner, and the Town Board's
determination herein; and
WHEREAS, the Town shall cause the removal of the demolition
debris caused by the demolition of the subject structure, by
Royal Carting, pursuant to the Bulk Recycling Bid for calendar
year 1992, previously awarded to Royal Carting; and
WHEREAS, Town Law § 130 authorizes the assessment of all
costs and expenses incurred by the Town in connection with these
proceedings, including, but not limited to, the costs of
demolition and removal of the unsafe structure and attorneys'
fees against the land on which the unsafe structure is located;
and
WHEREAS, the Town Board hereby directs that all costs
incurred by the Town in the demolition and removal of the unsafe
structure shall be assessed and levied against the subject parcel
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identified as tax parcel number 19-6157-02-543900-00 owned by
Braker Associates, Ltd.; and
WHEREAS, the Town Board has reviewed this action to demolish
and remove the demolition debris of the structure at 36 Old
Route 9 with respect to SEQRA, and has determined that the
demolition of the subject structure will not create any adverse
environmental impacts.
NOW, THEREFORE, ABE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby determines pursuant to Town Law
S 130 that the structure located at 36 Old Route 9 in the Town of
Wappinger, located on premises more particularly identified as
tax grid number 19-6157-02-543900-00, owned by Braker Associated,
Ltd., be and hereby is declared to be an unsafe structure which
poses a danger to the public health, safety, and welfare of the
residents of the Town of Wappinger. The Town Board hereby orders
and directs its demolition and removal pursuant to its findings
and in accordance with the request and consent of the owner as
stated in the Braker Affidavit.
2. The Town Board determines that it is the only involved
agency in this action in authorizing the demolition and removal
of the aforementioned unsafe structure and hereby declares itself
LEAD AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6,
PART 617-NYCRR.
3. The Town Board has caused to be completed Part 1 and
Part 2 of the short form EAF for this project, in the form
annexed hereto.
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4. The Town Board has reviewed the intended action with
respect to the criteria set forth in Part 617.11 NYCRR and hereby
determines that the intended action, to wit, authorizing the
demolition and removal of the aforementioned unsafe structure,
will not create any significant adverse impacts on the
environment and hereby issues a NEGATIVE DETERMINATION OF
SIGNIFICANCE for this action.
5. The Town Board hereby authorizes the Supervisor to enter
into a contract with the individual or entity submitting the
lowest bid proposal for proper demolition of the unsafe
structure, plus the costs of any requisite permits or fees, if
any, which demolition shall be done in accordance with the rules
and regulations, local laws and ordinances of the Town of
Wappinger or of any other municipal agency having jurisdiction
over the premises.
6. The Town Board hereby directs the removal of the
demolition debris caused by the demolition of the subject
structure by Royal Carting, Route 82, Hopewell Junction, New
York, pursuant to the bulk recycling bid for calendar year 1992,
previously awarded to Royal Carting.
7. The Town Board directs the Town Supervisor, Town
Building Inspector and the Town Assessor to assess all costs and
expenses incurred by the Town herein, and to assess and levy the
costs against the land on which the unsafe structure is located,
identified as tax grid number 19-6157-02-543900-00, as provided
by law.
N
8. The Town Board further orders that a public hearing
shall be held on , 1992, at p.m. at the Town Hall,
20 Middlebush Road, Wappingers Falls, New York, for the purposes
of determining and assessing all costs and expenses incurred by
the Town herein so that such specific sum may be levied against
the land on which the subject structure is located.
9. The Town Clerk is further directed to send a certified
copy of this Resolution to Braker Associates, Ltd. at its last
known address at 38 Old Route 9, Wappingers Falls, New York,
12590 together with a copy thereof to Marshall Brenner, Esq., 247
Church Street, Poughkeepsie, New York 12601, attorney to Rose
Braker, principal of Braker Associates, Ltd.
10. The Town Clerk is also directed to send a certified copy
of this Resolution to the Dutchess County Office of the
Commissioner of Finance, Real Property Tax Service Agency,
pursuant to Town Law S 130.
11. The Town Supervisor is hereby authorized to execute
Part 3 of the short for EAF and further directs the Town Clerk to
provide for the distribution of same as provided by law.
The question of adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
voting
voting
voting
voting
voting
7
The resolution was duly adopted.
Dated: May 26, 1992
Wappingers Falls, New York
ELAINE SNOWDEN, Town Clerk
vNtJ EC.) I,�I�plum13En
617.21
Appendiy. C
irin Cnvirommnnlol OUAIIIY RoviL•w
SH011T ENVIRONMENTAL ASSES"HENT FORM
ror UNLISTED ACTIONS OIIIY
SEOR
"ART I—PF10JCCT I"F:URIAA'IION fro b^. cclnpinlvd l+y Apo,11t; lnl fit Frole(.l r,p0nnor)
- 1, APPLICAN1 �SPUIISnr1 ]. M, JECT NAME.
TOWN OF WAPPINGERBRAKER ASSOCIATES,—LTD. BUILDING..
--
7, FHt)JE!;I tOCATION:
►lunir:lrelll• TOWN OF WAPPINGER _ _°Vl�trDUTCHESS_--------_--. .__--
L_...�.... _.._ _ .. _..._._._..._ .— .Ovide nlilr)•_ •_ —
A. PPEC13F. 1.0GATION IS11401 11:1ntfte Ind 'Ce0 in14l'ite 1!n4, Ol4:nlnenl Ieldmarkl, tIC.. Of P
I 36 Old Route 9, Town of Wappingers more particularly identified by
tax*grid #19-6157-02-543900-00-
A C VON:
19-6157-02-543900-00.
ACTION: _
�} lie ( J E•nenslon I IA, dill :Ahnnrestle•.r1^^ - --
!. VI ' ., 11;I E PaoJF.GI (11"t -FLY. •+ _ •�—'+
Demolition of unsafe structure; burial of demolition materials, subject
to DEC regulations. '
7. AMOUNT OF LAN() At'6fG1EU:_-
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10. D05'i ACl1UN 11110I.VE n PEA1:1 APPA00.., On rlltlJtlli:, li,)vl L'F, ULTIMATE. ANY C1HEn 0'"En"MENIAL Af)ENCY (FEOEI)AI.
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TOWN OF WAPPINGER
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ATITT -'Ir'109ERT9,��'ttorney to the Town y
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PART III— Li Ci E.IMINATION OF SIGNIFICANCE (l*,) !:- ccj rlplglEd by Af;inncy)
Iris VFIQI, I KINS: r^r cbeh altvor,l !llctl i,jnn(ihttd nrro+n, dw,,;rminn whethnr it of, ,tut)Slarllnl.ler.70, imporinnt or olhervir!c G`,rlflicaill.
Each Effect should be a:l0l7tsed In ronnncllvn Min 117 (o: ;ulllntl (,.n. Wt) -7n it' iulAl); lb) p:nhihlllly of eccu(rinG' (r) amlllon; (4)
I1tvicel u,'lly; to geoglOphlr; 9crpn: 11113 In 11 ntf;c;sr,nry, edd 11110(-IhnlC:n15 or rcfernnre suplloning melenrl5.-Eri.,mro Ih11
0rplanaticns C0111nin culflclenl detati to show fila( 111 relcvirll ROYMil iiTtlr1c19 r1;a 1?eon idenllffed and adequalelp
this br�x 11 you ha're W,?nlifo?d Gnn or nlort: vo!afill,illy larg(n, or slonificant vdvorse impaol . which MAY
occur. Than procf3eo directly to Ihr• FLILL !;AK indior (prepare a posillve dwr lara(ion.
L C":hcck This box It you have oeletnlinr.d. !::,::f:l; an :he Infurmallon and al+nlysill above find any supporting
documentallon, trial lite prop03f?d acilc.n Wll.l_ NQT result in any !;IqI1iflcar adversr. environrnfinlnl irnpacls
AND provide on allacnmertls as ns•^.(,.ssar/, tpc, rCoson9 supporling ihl, d,11mmin2tlon:
TOWN BOARD, TOWN OF WAPPINGER
HON. CONSTANCE O. SMITH SUPERVISOR, TOWN OF WAPPINGER
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