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2000-10-24 .,;..'0";' TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUSH ROAD PO. BOX 324 WAPPINGERS FALLS, NY 12590-0324 TELEPHONE: (914) 297-6257 FAX: (914) 297-4558 CONSTANCE O. SMITH Supervisor October 24, 2000 Mrs. Elaine H. Snowden Town Clerk Town of Wappinger RE: A.W. Scrap Processors, Inc. Renewal Application 752 Route 9D Wappingers Falls, NY Dear Ms. Snowden, This letter is to inform you that the violations of record of the Town Ordinances have been remedied and the requirements set forth by said ordinances have been satisfied. Therefore a Salvage Dealers License may be issued to the above referenced applicant. Thank you for your prompt consideration of this matter. Very truly yours, -")d7tfw~ ;f~W/,/ Tatiana Lukianoff 11 Zoning Administrator Attached ~ 10/:).'5/ oJ 6..t(flfes 1.1/3//00 , ~ 153-6 WAPPINGER CODE ~ 153-7 " "'\ a six-foot fence or hedge or other barrier, not in itself inherently dangerous, adequate to prohibit the unauthorized entrance of children or others into the area of the activity or business. All junkyard materials, equipment and structures shall be kept and maintained at le~et from any residential boundary lines of adjacent and contiguous properties, except that crushing operations and equipment shall be located no closer than 400 feet from any sucn. residential boundaries. -, C. The licensee shall provide sufficient fire lanes throughout the premises maintained to adequately permit entrance of a fire truck, and all materials must be kept at least 10 feet from the boundary lines of the premises where the same abuts a public street D. The auto parts and materials dealt in by the licensee shall be disassembled or dismantled in a safe manner and shall be piled or arranged in neat rows so as to permit easy, clear passage throughout the area. There shall be no stacking of vehicles except for the absolute minimum required for crushing operations. E. There shall be maintained at each such place of activity or business for which a license is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area in active use.' Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available. F. The licensee shall keep the premises properly supervised and when not so supervised shall take adequate precautions to prevent the entry of children or others into the area. G. The area of the licensee's activity or business shall not be used as a garbage area or as a place for the burning and disposal of garbage. H. The town police, the Town Clerk or the Town Board or any of its representatives shall be granted access to the area of activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith. ~ 153-7. Penalties for offe,nses. A. The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this article shall be deemed to have committed an offense against such article and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation, after a ten-day notification duly served on the owner thereof. B. For every violation of any provision of this article or any rule or regulation made pursuant thereto, the person, entity, corporation or partnership violating the same shall be guilty of a violation and shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.1 C. Any person violating this article shall be subject to a civil penalty enforceable and collectible by the town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the town for each day that such violation shall continue. 1 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 15304 ~ 153-7 JUNKYARDS ~ 153-10 D. In addition to the above provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article. ARTICLE II Hours of Operation [Adopted 5-14-1979] ~ 153-8. Definitions. As used in this article, the following words shall have the meanings indicated: JUNKY ARD - The same definition and meaning as that set forth m the General Municipal Law, ~ 136, Subdivision 2. ~ 153-9. Hours restricted. The hours of operation of any junkyard within the Town of Wappinger shall be limited to those hours commencing at 7:00 a.m. and ending at 7:00 p.m. ~ 153-10. Penalties for offenses.2 Any person, firm or corporation who shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. In addition thereto, the Town Board, in its discretion, after due notice and opportunity for a hearing, may terminate any license previously issued to any junkyard licensee found guilty of three offenses within 18 months. 2 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). 15305 . ~ 153-4 JUNKYARDS ~ 153-6 upon his failure to do so, such license may be revoked after due notification and hearing set forth in ~ 153-5 hereof. D. A person presently engaged in or conducting an activity or business such as described herein, on real property within the Town of Wappinger, must apply for a license therefor within 30 days of the adoption of this article. E. If the person conducting such activity or business is not the sole owner thereof he shall state such fact at the time he applies for his temporary license, and the Town Clerk at the time of issuing such temporary license shall send the owners or each of them a notice of the issuance of such temporary license to such person together with a copy of this article. F. 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 the County of Dutchess. ~ 153-5. License. A. The fee for the license is hereby fixed in the sum as set from time to time by resolution of the Town Board, which sum covers not only the cost of issuing the license itself but also the cost of making the initial inspection of the premises to ascertain compliance with the regulations hereinafter prescribed. Any subsequent inspection resulting from failure to comply shall cost an amount as set from time to time by resolution of the Town Board per inspection. If noncompliance with this article shall exist 30 days after such initial inspection, the application theretofore made shall be deemed to be null and void and the applicant shall then cease and desist from all types and manner of junkyard operation. B. Such license shall be placed and at all times displayed in a conspicuous place at the license's place of activity or business for which it is issued. C. Such license shall be effective from the date of its issuance until the 31st day of December of the year of such issuance after which a new application for license must be made yearly ~f licensee desires to continue such activity or business. D. Such license is personal with licensee. It does not go with the title of the land nor may it be sold, assigned, transferred or disposed of. The granting of a license to a successor in interest or a transferee shall not be arbitrarily withheld. E. Such license may be revoked by the Town Board after a public hearing thereon at which time the licensee shall have an opportunity to be heard. Upon revocation of a license the Town Board may require the removal of autos, parts and materials left as above provided in the case of an applicant for a temporary license who fails to qualify for a license. ~ 153-6. Regulatim.ls. A. The licensee shall conduct such activity or business in a manner to minimize the fire hazard and to prevent improper trespass thereon by children and others. B. All materials dealt in by the licensee shall be kept within the premises and if such an area abuts a residential or conunercial area or a public street or highway, the licensee shall erect 15303