2007-07-10
GERALD A. VERGILlS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
LOlJlS .I. VIGLOTTI
JOAN F. GARRETT**
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
LEGAL ASSISTANT:
AMY E. DECARLO
FAX (845) 298-2842
CLOSING COORDINATOR:
SUSAN E. CAFFINE
www.vsrp.com
e-mail: info@vsrp.com
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
KAREN P. MacNISH
KEVIN 1. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO
JAMES P. HORAN
"ALJMITll'lJ IU PHAL JIl'~
IN NY & FLA.
"ADMITTED TO PRACTICE
IN NY & CONN,
NEWBURGH OFFICE
299 N. PLANK ROAD, SUITE 106
NEWBURGH, NY 12550
(845) 567-3783
George Kolb, Director of Code Enforcement
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
RECEfVt-f,
JUL 1 2 2007
TOWN CLERK
July 10, 2007
Via First Class Mail
Re: A. W. Scrap Processing, Inc.
Dear George:
I am enclosing the entire contents of my 1999 file regarding A. W, Scrap, The file consists
of the following:
. Town of Wappinger Salvage Yard Ordinance adopted July 11, 1977, amended
June 18,1984;
. Letter from Mark Liebermann to Albert Weinert, Jr. dated May 19, 1999;
. Letter from Paul Foody, then Building Inspector to Albert Weinert, Jr. dated
July 8, 1999;
. First page of letter with copy of map from Zoning Administrator to Jon
Adams, Esq., then Town Attorney, dated April 27, 1982;
. Town Board Resolution dated April 9, 1979 regarding Mid-Hudson Auto
Wreckers, Inc., predecessors of A.W. Scrap;
. Letter from Thomas G. Farrell, then attorney to A.W. Scrap to Albert P.
Roberts, Esq. dated July 2, 1999 with cases attached;
. Letter from Jon Holden Adams, Esq., then Town Attorney to Town Board
dated October 8, 1982 with Memorandum of Disposition attached;
. Letter from Joseph E. Paggi, Jr. to Mark Liebermann and Paul Foody dated
August 17, 1999;
O:\Wappinger\Town Board\A&W Scrap Processors, Inc\071 007 letter to Kolb re 1999 file documents. doc
George Kolb, Director of Code Enforcement
July 10, 2007
Page 2
. Letter from Albert P. Roberts, Esq. to Thomas G. Farrell, Esq. dated
December 13, 1999;
. Letter from Albert P. Roberts, Esq. to Thomas G. Farrell, Esq. dated June 16,
2000;
. Letter from Albert P. Roberts, Esq. to Thomas G. Farreii, Esq. dated August 4,
2000;
. Letter from Thomas G. Farrell, Esq. to Albert P. Roberts, Esq. dated
September 28, 2000;
. Letter from Albert P. Roberts, Esq. to Thomas G. Farrell, Esq. dated October
10,2000;
Myoid file contains documents that should be on file in Town Hall. I think the larger
question is what happened to the Town's copies of these documents. I am sending a copy
of this letter with contents to Chris Masterson and would suggest that the two of you
coordinate activities so that these documents are preserved.
If you should have any questions, please contact me.
Very truly yours,
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
.~ /t' 0',;7 /' "p'1 A:.. C''''7 T'f'://t
ALBERT P. ROBERTS
APRlso
Enclosures
cc: Hon. John C. Masterson, Town Clerk
O:\Wappinger\Town Board\A&W Scrap Processors, Inc\071007letter to Kolb re 1999 file documents,doc
TOW N
o F
W A P PIN G E R
* * * * * * * * * * * * * * * * * * * * *
I S ALVAG E
Y A R D
o R DIN A N C E
*****************
AN ORDINANCE LICENSING AND REGULATING THE
ACTIVITIES AND BUSINESSES OF DEALERS IN
SECOND HAND MATERIALS, JUNK AND USED PARTS.
**************
I
Adopted July 11, 1977
Amended June 18, 1984
SECTION I - LEGISLATIVE INTENT
By the adoption of this ordinance the Town Board
of the Town of Wappinger declares its intent in so
doing to be to regulate, control and li;,ense the "
activities of businesses known as aut~ graveyards,
'unk yards second-hand parts collect~on areas, the
~rocessing'of used metals for resale, and the dump-
ing storage, and disposal of waste, second~hand or
use~ materials of whatever composition. Sa~d Town
Board hereby declares that such activities or
businesses can constitute a hazard to prop~rty and
persons and a public nuisance. Such nBter:als may
be highly inflammable and sometimes explos~ve: '
Gasoline tanks on old automobiles often con~a~n ~n
some quantity combustible gasoline; the eng~ne and
other parts of such automobiles are freque~tlY
covered with grease and oil which is also ~nflammable.
The tires, plastic seats, tops and other ,elements of
such autos are also inflammable. Batt~r~es,and
other elements of such autos can conta~n ac~ds and
other matter potentially harmful to humans. These
autos frequently contain sharp metal or ,glass :dges
or points upon which a human could rece~ve,ser~ous
cuts and abrasions. These autos can const:tute
attractive nuisances to children and ~erta~n adults.
The presence of such junk yards even ~n ~reas zoned
for business or industry is unsightly and tends to
detract from value of surrounding land and property
unless such areas are properly m~intained and
operated.
SECTION II - DEFINITIONS
AS USED IN THIS ORDINANCE:
(a) The term "person" shall mean an,individual,
an association, a partnership, or a corporat~on.
(h) The term "auto" shall mean passenger auto,
truck, tractor-truck, trailer, bus, motorcycle, or
other vehicles, however propelled, as well as tractors,
bulldozers, machinery and equipment.
SECTION III - LICENSE REQUIRED
No person shall engage in or conduct on real
property within the TONn of Wappinger either for him-
self or for and on behalf of any other pers~n direct-
ly or indirectly as agent, employee, or otherwise any
activity or business either for profit or otherwise,
at wholesale or retail, which involves the collection,
storage, burning, dumping, disassembling, dismantling,
salvaging, sorting or otherwise handling or arranging
for sale, resale storage or disposal, or othen~ise of
bodies, engines, or parts of autos, or of any second
hand or used property of whatever material it is
composed or any waste material whether composed of
wood, paper, cloth, cardboard, plastics, metals, stone,
cement, or otherwise without first obtaining a license
therefor as hereinafter provided.
SECTION IV - APPLICATION FOR LICENSE
Each applicant for a license here under shall
execute, under oath, an application therefor to be
supplied to him by the Town Clerk, which shall con-
tain the follm"ing information: That the applicant
is over twenty-one (21) years of age, that he is a
citizen of the United States, and such other facts
or evidence as is deemed necessary to establish that
he is a person fit and capable of properly conduct-
ing the activity or business for which the license
is sought; a description of the exact type of busi-
ness he intends to conduct, the nature of the
materials he intends to handle; the number of
employees he intends to engage; and the name and
address of the owner or owners of the lann ~n0 the
nature of the right of occupancy of the applica~t
to the use of such land.
At the time of making the application, and at
each annual renewal application, the applicant shall
submit to and file with the Town Clerk a map or plan
of the real property upon which he intends to conduct
the activity or business for which he is making
application for a license hereunder with the area of
such real property which it is proposed to use for
such purpose, the location of the fence required
hereunder indicated thereon as well as the location
of any buildings on such land and the location of any
streets or highways abutting or passing through such
land and the location of any water, sewer or gas mains
or laterals available thereto as well as the general
- 2 -
drainage pattern of such land.
In the application the applicant shall agree that
if granted the license applied for he will conduct the
activity or business pursuant to the regulations here-
inafter set forth and that upon his failure to do so
such license may be revoked after due notification
and hearing set forth in Section 5 hereof.
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 ordinance.
If the person conducting such activity or busi-
nesS 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 ~,ners or each
of them a notice of the issuance of such temp8rary
license to such person together with a copy of this
ordinance.
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
Ta#n of Wappinger or the County of Dutchess.
SECTION V - THE LICENSE
The fee for the license is hereby fixed in the
sum of $200.00 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 herein-
after prescribed. Any subsequent inspection result-
ing from failure to comply shall cost $50.00 per
inspection. If non-compliance with this ordinance
shall exist thirty d~ys 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.
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.
Such license shall be effective from the date of
- 3 -
its issuance until tho 31 t
year of ~u~h ' ~ s day of December of the
- - ~ssuance after h' h
for license must b d w ~c a new application
to continuo such aet~a'te yearly if licensee desires
~ c ~Vl y or business
Such I' .
lcense is personal 'h '
does not go with the title 0 Wlt 11censee. It
be sold, assigned, transf f the l~nd nor may it
granting of a licens t erred or dlsposed of. The
e 0 a successo ' ,
a transferee shall not b ' ,r ln lnterest or
Su~h l' e arb~trarl1y withheld
~ lcense may be revok db.
after a public hear;ng th e y the Town Board
1, ~ ereon at wh' h t'
lcensee shall ha lC lme the
Upon revocation o;eaa~,opportunity to be heard.
require the removal ofl~~~se the Town Board may
left as above provided' tOhS, parts and materials
f ln e case of an l'
or a temporary l;c h app lcant
, ~ ense w 0 ~ails t '
l~cense. ~ 0 quallfy for a
SECTION VI - REGUh~TIONS
SUBDIVISION A - Tho L'
activity or business ' ~ lcensee shall conduct such
fire hazard and t ln a manner to minimize the
o prevent imp
on by children and oth roper trespass there-
ers.
SUBDIVISION B - All mater'
licensee shall bo ke t ' , lals dealt in by the
such an area abu~s aP w~tdh~n,the premises and if
res~ entlal or co '
or a public street or hi h . mmerclal area
erect a six foot f g way, the 11censee shall
not in it~elf ' hence, or hedge or other barrier
prohibit th ~n eren::ly dangerous, adequate to '
e unauthor~zed e t
others into th n rance of children or
All' k e area of the activity or business
Jun yard materials' .
ures shall be kept d ' equ~pment and struct-
hundred feet from a~n ma~ntai~ed at least one
of d' y res~dent~al boundary l'
a Jacent and conti u ~nes
crushing operations a~do~s ~roperties, except that
no closer than fou h qu~pment shall be located
residential bounda~' undred feet from any such
les.
SOBDIVISION C - Th L'
sufficient fire lane the ~censee shall provide
t ' s roughout the p ,
a~ned to adequatel' rem~ses main-
y perm~t entrance of f'
and all materials must b k a ~re truck,
the boundary lines of th: ~pt,at least 10 feet from
abuts a public street. p em~ses where the same
- 4 -
SUBDIVISION D - The auto parts and materials
dealt in by the Licensee shall be dis-assembled or
dismantled in a safe manner, and shall be piled or
arranged in neat rows so as to permit easy, clear
passage thro~ghout the area. There shall be no
stacking of vehicles except for the absolute
minimum required for crushing operations.
SUBDIVISION E - There shall be maintained at
each such place of activity or business for which
a license is issued at least one (1) fire extinquisher
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.
SUBDIVISION F - The Licensee shall keep the
premises properly supervised and when not so super-
vised shall take adequate precautions to prevent the
entry of children or others into the area.
SUBDIVISION 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.
SUBDIVISION 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 busi-
ness of the licensee at all reasonable hours to
inspect the same for compliance herewith.
SECTION VII - VIOLATION OF ORDI~~NCE AN OFFENSE:
PENALTIES THEREFOR
SUBDIVISION A - The awner or licensee of any
such place of business who commits or permits any
acts in violation of any of the provisions of this
ordinance shall be deemed to have committed an
offense against such ordinance, and also shall be
liable for any such violation or the penalty there-
for. 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.
~IVISION B - For every violation of any pro-
vision of this ordinance the person, entity, corpor-
ation, or partnership violating the same shall be
_ c; _
.t
I
I
subJect to a fine of $100.00.
. SU~rvISION C - Any person violating this
~~~~nance shall be subject to a civil penalty en-
ceable and collectible by the Town in the amount
of $100 00 f
. or each such offense. Such penalty shall
be collectible by and in the name of the Town for each
day that such violation shall continue.
S~BD~ISION~ - In addition to the above provided
penalt~es ad' h
. , n pun~s ment, the Town Board mav also
r.12nnta~n an at.
To-' C 10n or proceeding in the name of the
I'm ~n a court of compentent jurisdiction to compel
c~mp11~nce with or to restrain by injuction the
v101at~on of such ordinance.
SECTION VIII - REPEAL
All.ordi?ances or regulations heretofore adopted
in conf11ct w1th this ordinan8e are hereby repealed.
SECTION IX - S.~VING CLAUSE
In any clause, sentence, paragraph section, or
part of this ordinance shall be adjudged by any court
of competent jurisdiction to be invalid, such judge-
ment,shall not affect, impair, or invalidate the
rema1nder thereof, but shall be confined in its
operation to the clause, sentence, paragraph section
or pa:t thereo: directly involved in the con~roversary
in wh1ch such Judgement shall have been rendered.
SECTION X - EFFECTIVE DATE
.Thi: ordinance shall take effect ten days after
publ~cat10n and,posting or immediately upon personal
serV1ce as prov1ded by Section 133 of the Town Law.
- 6 -
ORDINANCE LIMITING HOURS
OF OPERATION OF JUNKYARDS
SECTION I - DEFINITIONS
For the purpose of this section, a "Junkyard" shall
have the same definition and meaning as that set forth
in the General Municipal Law Section 136, Subdivision 2.
SECTION II - HOURS OF OPERATION
The hours of operation of any junkyard within the
Town of Wappinger shall be limited to those hours
commencing at 7:00 A.M. in the morning and ending at
7:00 P.M. in the evening.
SECTION III - PENALTIES AND VIOLATIONS
Violators of any portion of this ordinance shall be
guilty of an offense punishable by a fine for the first
offense not exceeding $50.00, for the second offense,
not exceeding $100.00 and for the third offense, not
exceeding $250.00. In addition thereto, the ToNn Board
in its discretion, after due notice and opportunity for
a hearing, may terminate any license previously issued
to any junkyard found guilty of three offenses within
eighteen months.
SECTION IV - EFFECTIVE DATE
This ordinance shall become effective upon filing,
posting and publication as prescribed by Article 9 of
the TO'"Nn Law.
Adopted May 14, 1979
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
1'"
Wednesday, May 19, 1999
.~
Albert Weinert Jr.
A. W .Scrap
752 Route 9D
Wappingers Falls, New York 12590
\ '-. '"
t ~
II'). :.~ ,;)' ;1 ',~ .' S
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-
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.
Yours truly,
{1J7cwl( ~UL&'N"---
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: ~J( ~UIU<-U
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
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: 400.5.4.2
[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:
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:m~ d~LP~
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
.~
ORDER TO REMEDY VIOlATION
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: 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.
BydJ1,4 djUJ,-lad'-~
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
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: 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:(R1)Adiwt&)t9~
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
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: VI-E
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYS/ Uniform Fire Prevention and Building Code (9NYCRR)
[X] 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.
~
By{)72U{> dtW4!u,~
Mark J. Liebermann
Fire Inspector / Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
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: E(14)(A)
[ ] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[X] 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.
l-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(f12A dLWU)u~
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
"'-
ORDER TO REMEDY VIOLATION
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] NYS/ 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: OllIR ct~Wldt.~
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
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] NYSj 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: 7J?l'v~ ~WlLltt4"-----
Mark J. Liebermann
Fire Inspector / Zoning Administrator
TOWN OF WAPPINGER
FIRE PREVENTION BUREAU
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
C.A..SE#99- 9059
PLEASE TAKE NOTICE that there exists of violation of Section: 21(A)
[ ] Town of Wappinger Zoning Law
of the [Xl 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: 'oJ)cu-i( d~IttW.,
Mark J. Liebermann
Fire Inspector 1 Zoning Administrator
.Lu1 j) 7!~/r1 &I }~'1~
TOWN OF WAPPINGER
P.O. Box 324
20 Middlebush Road
Wappingers Falls, N.Y. 12590
BUILDING DEPARTMENT
Office: (914) 297-6256
Fax: (914) 297-4558
July 8, 1999
Albert Weinert Jr.
A. W. Scrap
752 Route 9D
Wappingers Falls, NY 12590
Re: Site inspection of 6/22/99
Dear Mr. Weinert:
This is a follow up to the above referenced inspection performed by Mark Liebermann,
Fire and Zoning Inspector for the Town of Wappinger and myself. The following is what
was discussed with yourself at that time.
All fire lanes must be kept clear for emergency vehicle access at all times, especially
during off hours when the site would be vacant. These fire lanes, though in much better
condition than at the time of previous inspections, need to be filled in somewhat so as to
minimize the possibility of damage to fire fighting equipment (potholes and rough terrain
should be smoothed out). It will be necessary to perform periodic maintenance in order
to preserve these in a good condition.
The trailer being used as an office requires a building permit and C/O to be issued. It will
be necessary to install it on a concrete slab with proper tie downs that will resist wind
loads. The propane tank that services this trailer must be supported on a stable base
(concrete slab) and protected from vehicle traffic. All electric lines must be properly
installed and inspected by an approved third party inspection agency.
The fence and gate that screens the yard from route 9D is in need of repair (sections are
badly dilapidated and falling down) and should be repaired as needed.
As the existing storage / dismantling sheds pose unique circumstances, each will be
addressed separately. The first one on the right as one enters the yard by the front gate
off9D has a storage area above that is constructed with 2 X 6 joists. I do not believe that
these will support any substantial weight as the span (approximately 18-20 feet) is more
than they are designed to carry. The current furniture and such stored in this area, I
believe, poses a danger to occupants of this structure. The stairs to this area do not
provide hand rails and the path of exit is blocked by storage at the base of them. It is my
t.1
,~
understanding from our conversation, that you intend to remove this storage area and
stairs for these very reasons. ./ /J ~ . f
. ",,~'Lk
- v<<)~
The first shed on the left is in very poor condition, has already begun to collapse, anci? d5f:;;A~~
must be removed completely. The second one on the left is being used to store used "r .~ I
transmissions, which are pushing out on the sides, and is in danger of collapse as well.
This should either be repaired to strengthen the structure or demolished.
The third, and largest, structure on the left is in the best shape of the three on this side of
tho ""rrl b11t tho rtr'\'r#"'lno I"'\'t"\ t1-.." "o".f't't'*1,,..,..Of"l and t1,o t"I..,O'n-~'f"\rT o+'+1-.c s"p~~rt g~"',.1t""l1.... n~ +'h.......
Ul\.1 .J U. u, UI. UJ.'-' ,,:)LUJ. U.5\",1 Vii .11'"'" 1 V~ U. U~.;:)\",I.;:) .1 L.U\,.o .:lUe.5U15 1. Lit U .l1V1 11 U\.Il al Ul\..1
center leaves a question as to the structural integrity of it as well. A structural evaluation
should be performed by a licensed design professional (engineer or architect) and
corrections made as needed. A copy of this report and / or certification should be
provided to this office.
As these structures are used for auto parts dismantling for resale, they must be in
conformance with New York State Codes so as to be safe for those persons who must
work in them.
It is also my understanding, from our conversation, that the fuel oil and gas tanks on the
site are to be installed on a trailer to make them portable and that they will be kept out of
the way of vehicle traffic to minimize the possibility of accidents. They should be
installed and supported so as to prevent the possibility of accidental leaks or spills.
It will also be necessary for you to obtain the necessary DEC permits for the storage of
used tires (in excess of 1,000) or provide a letter from DEC waiving this requirement.
Finally, there appears to be dumping offill (dirt, concrete, asphalt, Etc.) next to and
behind the metal recycling section of the yard. Such activity, in my opinion constitutes
the need for a grading permit and possibly the need for a site plan approval depending on
the intended use once the filling is completed.
I would like to thank you for your cooperation in this matter. If you should have any
questions, please do not hesitate to contact this office.
Very Truly Yours,
n .~~ /'
..-- Y~<e/~7
Paul Foody
Building Inspector
c/c: Mark Liebermann, Fire & Zoning Inspector
Albert Roberts, Town Attorney
Town of Wappinger Town Board