1999-05-19
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Wednesday, May 19, 1999
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Albert Weinert Jr.
A.W.Scrap
752 Route 9D
Wappingers Falls, New York 12590
RE: SALVAGE YARD LICENSE INSPECTION
GRID# 6056-02-680695
Dear Mr. Weinert,
An inspection was made on May 18th, 1999 at 3:00pm regarding the annual
license required under the Salvage Yard Ordinance adopted by the Town of
Wappinger on July 11th, 1977.
Section IV of the aforementioned ordinance states that "No license shall be
issued or renewed to any person who ,at the time of such application, is in
violation of any other local law or ordinance of the Town of Wappinger or
County of Dutchess".
At this time your license will not be renewed due the below listed violations
of The Town of Wappinger Zoning Law, Town of Wappinger Building
Ordinance, Town of Wappinger Fire Prevention Ordinance, Salvage Yard
Ordinance and the New York State Uniform Fire Prevention and Building
Code.
Zoning Law section 400.5.4.2 states that as of November 26th, 1990, all non-
conforming junk yards shall conform to the Zoning Law within three years.As
of November 26th, 1993 your place of business was required to conform to
this Zoning Law, contrary to what you were told.
Zoning Law section 450.5.4.2.1 states that the junkyard shall be entirely
surrounded by a fence or screening at least seven feet high but not higher
than ten feet and evergreen landscaping which shall be approved by the
Planning Board. Your site does not conform to this.
5/19/99
AW Scrap
Page2
No residential use shall be permitted on a site used for junk yards, exclusive
of the owners dwelling. We will need proof that the owner is residing in the
existing dwelling unit on site.
Zoning Law section 450.1 addresses site plans, amended site plans and
changes and modifications in use of property. Any additions of additional
structures also requires Site Plan Approval pursuant to the requirements of
Zoning Law section 450.2.
Upon my inspection of your site I find that the following modifications in use
and addition of structures exist.
The previous operation on your site dealt with disassembling junk motor
vehicles and sale of used parts. You have expended the use of your site to
include re cycling of metals in addition to salvaging auto parts.
A large pile on the north section of your yard shows that you are receiving
household appliances such as stoves, refrigerators, washing machines, dryers
I addition to metal stud construction debris, furnaces, underground and
above tanks used to contain combustible and flammable liquids. These items
are stockpiled in a hap hazard condition and are being re cycled.
You have also installed a truck weighing scale in the portion of the driveway
entering the junkyard area and also installed a 36 foot construction trailer,
which is being used as an office without the benefit of a Building Permit. The
trailer is set on blocks, electrical was installed without any inspections and a
propane tank installed in front of the trailer without the benefit of a required
Fire Prevention Permit and is improperly set and not protected from vehicle
damage. The original office, which was located in the basement of the
dwelling unit, has been abandoned in favor of this construction trailer.
You have also installed an above ground storage tank containing gasoline.
This tank has a dispensing unit which is required to have a fire extinguishing
system attached. This tank is in the middle of the salvage operation,
improperly installed, is not protected from vehicle damage and is surrounded
by piles of old tires. While doing my inspection I observed a worker in the
process of cutting auto parts by using oxygen torch less than thirty five feet
from this gasoline tank and other combustible materials. This tank was also
installed without the required permit.
Town of Wappinger Salvage Yard Ordinance Section VI (d) states that parts
are to be dismantled in a safe manner.
5/19/99
AW Scrap
Page -3-
II
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Town of Wappinger Salvage Yard Ordinance also states that sufficient fire
lanes shall be maintained. Upon my inspection I observed that the road
leading to the back portion of the yard is blocked with the portable car
crusher. The roadway that used to go to the south portion of the yard is
impassable. The portion where the metal is stored was blocked by a truck/
tractor.
Fire extinguishers shall be maintained at each place of activity. At least one
fire extinguisher of approved design shall be provided for each 40,000 square
feet of area. This does not exist.
Salvage Yard Ordinance Section III requires a license be issued on an annual
basis.
If non-compliance with this ordinance shall exist thirty days after such initial
Inspection, the application theretofore made shall be deemed to be null and
void and the applicant shall cease and desist in all types and manner of
junkyard operation, pursuant to Section V of said ordinance.
In addition, the storage of materials along the entrance road by the scale is
hap hazard and all over the sides of the property. Tires, transmissions and
motors are falling out of the open front pole barns used for storage. The pole
barns appear to be in a condition of disrepair and the Building Inspector is
being requested to make an inspection of said buildings by copy of this letter.
Upon receipt of this letter you shall contact the writer in order to determine
what avenue of compliance you are going to take to correct the noted
violations.
Pursuant to Zoning Law section 450.1 you shall file a Site Plan Application.
All recycling of metal and household appliances, tanks etc., SHALL cease until
the Planning Board gives approval of this added operation. No additional
metals are to be received on your site.
New York State DEC regulation require that a permit be obtained for the
storage of more than one thousand tires. By my estimation it appears that
you have over that amount. Please provide a copy of you~NYS/DEC permit
5/18/99
A.W.Scrap
Page -4-
Attached herewith and made a part of this communication are Order To
Remedy said violations. Failure to comply with the specified time frame for
corrections will result in the issuance of an Appearance Ticket for each
violation.
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Yours truly,
tJJ7av/r d&UI$.~
Mark Liebermann - Fire Inspector
Acting Zo~ing Administrator
cc: Hon. Constance O. Smith - Town Supervisor
Elaine Snowden - Town Clerk
Town Board members
Paul Foody - Building Inspector
Planning Board
Town Planner
Albert P. Roberts - Attorney to the Town
Joseph E. paggi - Engineer to the Town
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
ORDER TO REM-EDY VIOLATION
CONSTANCE O. SMITH
Supervisor
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
TO: Albert Weinert Jr.
A W SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CASE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: 450.1
[X] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[ ] Local Law:
at premises hereinafter described in that:
YOU HAVE ADDED A NEW STRUCTURES AND MODIFIED AND CHANGED THE USE OF
THE SITE WITHOIUT THE BENEFIT OF A SIT PLAN APPROVED BY THE PLANNING
BOARD. CONSTRUCTION TRAILER AS OFFICE HAS BEEN ADDED,A SCALE HAS BEEN
ADDED AND YOU ARE RE CYCLING METALS SUCH AS STOVES,WASHING
MACHINES,FURNACES AND OLD TANKS. A SITE PLAN SHALL BE APPLIED FOR AND
SUBMITTED TO THE PLANNING BOARD.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER: 6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
BY: fflJ? ~Vba-V
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
TO: Albert Weinert Jr.
AW SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CASE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: 400.5.4.2
[Xl Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[ ] Local Law:
at premises hereinafter described in that:
The junkyard shall be entirely surrounded by a fence or screening at least seven
feet high, but not higher than ten feet and evergreen landscaping approved by the
planning board.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER:6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
BY: ~u-k d~~
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
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FIRE PREVENTION BUREAU
ORDER TO REMEDY VIOLATION
CONSTANCE O. SMITH
Supervisor
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
TO: Albert Weinert Jr.
AW SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CASE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: VI-C
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[X] TOWN OF WAPPINGER SALVAGE YARD ORDINANCE
at premises hereinafter described in that:
SUFFICIENT FIRE LANES ARE NOT MAINTAINED. ONE LANE IS
IMPASSABLE,ACCESS TO REAR EASTERN PORTIONOF YARD BLOCKED BY
PORTABLE CAR CRUSHER,ROADWAY AROUND STOCKPILE OF METAL APPLIANCES
BLOCKED BY PARKED TRUCK/TRACTOR
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER:6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
BYtf/1'k ctt.lluUd'~
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
TO: Albert Weinert Jr.
A W SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CA.SE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: VI-D
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[X] TOWN OF WAPPINGER SALVAGE YARD ORDINANCE
at premises hereinafter described in that:
PARTS AND MATERIALS ARE BEING DISMANTLED IN AN UNSAFE
MANNER,CUTTING OPERATION USING OXYGEN TANKS BEING PERFORMED WITHIN
35 FEET OF A FLAMMABLE GASOLINE TANK WHICH IS SURROUNDED BY PILES OF
OLD TIRES. TANKS NOT SECURE ON A CART, NO FIRE EXTINGUISHERS PRESENT.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER:6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
By:iJ)2~,~d~~'9<-
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
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Date: 5/19/99
TO: Albert Weinert Jr.
AW SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CASE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: VI-E
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[Xl TOWN OF WAPPINGER SALVAGE YARD ORDINANCE
at premises hereinafter described in that:
FIRE EXTINGUISHERS OF AN APPROVED DESIGN ARE NOT IN PLACE FOR EVERY
40.000SQUARE FEET OF AREA IN ACTIVE USE.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER: 6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
Byif!lu-~ dtUae"~
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
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FIRE PREVENTION BUREAU
"".
ORDER TO REMEDY VIOLATION
CONSTANCE O. SMITH
Supervisor
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
TO: Albert Weinert Jr.
A W SCRAP
752 Rt 90
Wappingers Falls, NY 12590
CASE#-99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: E(14)(A)
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[Xl Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[ ] TOWN OF VYAPPINGER SALVAGE YARD ORDINANCE
at premises hereinafter described in that:
STORAGE OF FLAMMABLE LIQUIDS WITHOUT A REQUIRED PERMIT.
i-ABOVE GROUND GASOLINE STORAGE TANK
2-ABOVE GROUND PROPANE TANK FOR OFFICE TRAILER
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER: 6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
By(j72<!r ciJWttPUV-->
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
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ORDER TO REMEDY VIOlATION
CONSTANCE O. SMITH
Supervisor
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
TO: Albert Weinert Jr.
AW SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CASE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: 1171.2(B)
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[X] NYSj Uniform Fire Prevention and Building Code (9NYCRR)
[ ] TOWN OF WAPPINGER SALVAGE YARD ORDINANCE
at premises hereinafter described in that:
ABOVE GROUND TANKS SHALL REST ON SUPPORTS WHICH ARE STRUCTURALLY
SOUND AND MUST BE PROTECTED FROM DAMAGE BY VEHICULAR TRAFFIC.
l-PROPANE TANKS 2- GASOLINE TANK
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER:6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
BY: mJr ct~~u~
Mark J. Liebermann
Fire Inspector / Zoning Administrator
TOWN OF WAPPINGER
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FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
TO: Albert Weinert Jr.
A W SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CASE-#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: 774.10
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[X] NYS/ Uniform Fire Prevention and Building Code (9NYCRR)
[ ] TOWN OF WAPPINGER SALVAGE YARD ORDINANCE
at premises hereinafter described in that:
ABOVE GROUND GASOLINE TANK WITH PUMP DISPENSER SHALL BE EQUIPPED
WITH AN AUTOMATIC FIRE EXTINGUISHING SYSTEM USING AN AGENT SUITABLE
FOR PETROLEUM FIRES. INSTALL SYSTEM OR REMOVE TANK.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER: 6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
,~
BY: 07ZJJ cidliLlLlt.~
Mark J. Liebermann
Fire Inspector / Zoning Administrator
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TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
20 Middlebush Rd. P.O. Box 324
Wappingers Falls, NY 12590-0324
CONSTANCE O. SMITH
Supervisor
MARK J. LIEBERMANN
Fire Inspector
Office: 914-297-1373
Fax: 914-297-4558
Date: 5/19/99
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TO: Albert Weinert Jr.
AW SCRAP
752 Rt 9D
Wappingers Falls, NY 12590
CASE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: 21(A)
[ ] Town of Wappinger Zoning Law
of the [X] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[ ] TOWN OF WAPPINGER SALVAGE YARD ORDINANCE
at premises hereinafter described in that:
A CONSTRUCTION TRAILER HAS BEEN INSTALLED AND IS IN USE AS AN OFFICE
WITHOUT THE BENEFIT OF A BUILDING PERMIT, ELECTRICAL HAS BEEN ADDED
VIA UNDERGROUND CONDUIT WITH NO INSPECTION BY A TOWN APPROVED
ELECTRICAL INSPECTOR, TRAILER IS SITTING ON BLOCKS IN AN UNSAFE
MANNER.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on or before the 20th day of June
1999.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
:752 Route 9D Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER:6056.02.680695
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
BY: "07}cu.,f dLwtamJ
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator