2007-05-21
TOWN OF WAPPINGER
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FIRE INSPECTOR
MARKJ,L1EBERMANN
SUPERVISOR
JOSEPH RUGGIERO
DIRECTOR OF CODE ENFORCEMENT
GEORGE A. KOlB JR.
ZONING ADMINISTRATOR
TATIANA lUKIANOFF
CODE ENFORCEMENT DEPARTMENT
20 MIDDlEBUSH ROAD
WAPPINGERS FAllS, NY 12590
(845) 297.-6256
FAX: (845) 297-0579
TOWN COUNCIL
WilLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOlONI
'May 21, 2007
Mr. Albert Weinert, President
A. W. Scrap Processors, Inc
1980 Route 9D
Wappingers Falls, New York 12590
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MAY 2 2 2001
TOWN CLERK
Re: A. W. Scrap Processors, Inc.-License Renewal Application
1980 Route 9D
Tax Grid # 6056-02-688723 & 6056-02-721673 R-80 zone
Dear Mr. Weinert:
There are various issues with regard to the above referenced location which prevent my
recommending the approval of your license at this time.
You are in non-compliance with Chapter 153 Junkyards. As of this date three (3) tickets have
been issued for non-compliance with ~153-9 - operating business during restricted hours and,
as you are well aware, the matter is in Court.
The present use is a legal non-conforming use. Section 240-16D. (2) has addressed this
particular non-conformity in the amended Code adopted November 26, 1990. Within a period
of three (3) years said non-conforming junkyard use was to comply with the requirements
enumerated in ~ 240-16D. I have included these sections below for your perusal and
reference.
2) Nonconforming junkyards. Notwithstanding the provisions of ~ 240-16A through C.
in addition to the requirements set forth in any other Town ordinance, special ordinance,
local law or other regulation, every junkyard which, after the November 26, 1990,
adoption date of this chapter. may exist as a nonconforming use in any district shall.
within a period of three years from the November 26, 1990, adoption date of this chapter,
comply with the following requirements:
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(a)
! The junkyard shall be entirely surrounded by a fence or screening at least
seven feet high, but not higher than 10 feet and evergreen landscaping,
both of which shall be approved by the Planning Board as adequate to
provide reasonable protection to the value of the adjoining property.
(b)
The yards between the fence or screening and the boundaries of the lot
shall be used only for landscaping and for driveways located at places
designated by the Planning Board. Landscaping shall be specifically
approved by the Planning Board, shall be sufficient to screen the junkyard
and fence from surrounding properties and shall consist primarily of
evergreen. planting.
(c)
The height of materials stored within the fenced area shall not be greater
th~n one foot less than the height of the fence.
(d)
No residential use shall be permitted on a site used for a junkyard exclusive
of the owner's dwelling. [Amended 9-24-2001 by L.L. No. 5-2001]
(e)
Only one sign shall be permitted facing each public street. Signs shall be
located in front yard, shall be no larger than 20 square feet in area and shall
be no higher than seven feet.
(f)
Use of a junkyard shall be limited to the storage of materials for salvage
purposes, not including unbaled paper or rags or any other materials which
would be a nuisance because of dust, odor or fire hazard. Use of a junkyard
for the dumping of garbage or refuse shall not be permitted. Burning of any
materials within the junkyard shall be prohibited.
There is no record of any application to the Planning Board to address any of the above
enumerated items. This needs to be addressed immediately by your application to the
Planning Board within ten (10) days, absent which we shall have no recourse but to cite you.
Please understand that matters referred to the court result in the Special Counsel handling the
matters.
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Very truly yours, /)
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Tatiana Lukianoff ~
Zoning Administrator
Cc: Supervisor Joseph Ruggiero
Mr. Albert P. Roberts, attorney to the Town
Mr. Marco Caviglia, Special Counsel
Mr. George A. Kolb, Director of Code Enforcement
Mr. Mark Liebermann, Fire Inspector
file
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