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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 k:"~'~ .... .1-- . ,:.>. a "'4)- ~/- ~~ <' v~ ;;./~1It<' Q A '''Z> ~-'V !S'~ ~ f'\ OL -?A. ~ ''Yk ~.." 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 LJ 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. ((:::;;-<'jCC2-n::~".\ r "-, \'V' /- ~......,,', .,./' \/ - --_/ U-- 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 ~,--" ) r--' \ v/ ','---, W L/ 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 { f ,--'\''0"\\,/ ~_/~)U .. Lr 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 -.-....-/ '...__../' Lj '-0 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 , ~--=-. ~- -~.-' 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 /' .' ,,';.=----~\ r..- \.:='J\~ LJ=-" U 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 > . 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 ",'-,~./- ~(C~".'..~) )~\J:J?" ,/ \::::::..---' r--.../'/ i.,J v 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