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1992-05-26RESOLUTION At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 26th day of May, 1992 at 6:45 p.m. The meeting was called to order by Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor - Constance O. Smith Councilpersons - Robert L. Valdati June A. Visconti Robert P. Wallace, Jr. James Mills, Jr. ABSENT: The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, Braker Associates, Ltd. (the "corporation/owner") is the fee owner of certain real property situate in the Town of Wappinger, Dutchess County, New York, located at 36 Old Route 9, and identified by tax grid #19-6157-02-543900-00 (herein referred to as "the property"); and WHEREAS, the property was improved by several buildings, including an unoccupied residential structure (the "structure"), which structure was substantially damaged by fire on or about October 20, 1991; and WHEREAS, on or about October 21, 1991, the owner was served with a notice by Mark Lieberman, the Fire Inspector of the Town 1 of Wappinger, directing that the structure be demolished and removed from the property; and WHEREAS, the owner did not maintain any fire insurance or hazard insurance coverage for the structure; and WHEREAS, the owner acknowledges that the structure must be demolished and completely removed and must be made safe; and WHEREAS, pursuant to an affidavit signed on February 18, 1992, by Rose Braker (the "Braker Affidavit"), the only officer, director, employee and stock holder of the corporation, copy of which affidavit is attached hereto, the owner consents to the demolition of the structure and its removal by the Town of Wappinger and acknowledges that all costs associated with such demolition, removal, and making the property safe, including legal and engineering fees, will be assessed and levied against the property, with the costs thereof included in the next State, County and Town tax bill to be issued in January of 1993; and WHEREAS, among other things, the affidavit further acknowledges that in the event that the owner sells the property prior to the levy of the 1993 State, County and Town tax bill, all costs incurred by the Town of Wappinger in connection with the demolition of the structure, and all related costs in connection therewith, which would otherwise have been assessed to the real property tax bill, shall be paid from the proceeds of the sale. In addition, the owner further agrees to indemnify safe and hold harmless any innocent bona fide purchaser for value from any of the costs incurred in connection with the demolition, �A removal and rendering safe and set forth herein and in the Braker Affidavit; and WHEREAS, Mark Lieberman, Fire Inspector of the Town of Wappinger, by written report dated March 23, 1992, has further advised the Town Board of the deteriorating condition of the aforementioned structure located at 36 Old Route 9 in the Town, identified under tax parcel number 19-6157-02-543900-00; and WHEREAS, in consequence of said report, the Town Board caused a "Notice to Repair or Remove Unsafe Structure" to be served on Braker Associates, Ltd. directing the owner to commence the repair or removal of the structure by May 29, 1992, and to complete such repair or removal no later than June 30, 1992 in accordance with Town Law § 130 and Town of Wappinger Local Law #8 of 1982; and WHEREAS, a copy of said Notice to Repair or Remove Unsafe Structure was duly served upon Braker Associates, Ltd. on May 5, 1992; and WHEREAS, a copy of the Notice to Repair or Remove Unsafe Structure was filed in the Dutchess County Clerk's Office on or about May 8, 1992 in the same manner as a Notice of Pendency; and WHEREAS, Mark Lieberman, Fire Inspector of the Town of Wappinger, by written report dated May 20, 1992 has advised the Town Board that the property owner, Braker Associates, Ltd., has not begun, and will not begin the repair or removal of the unsafe structure in accordance with its specific consent that the proposed demolition be undertaken by the Town; and 3 WHEREAS, the Town Board hereby determines that it is in the interests of public health, safety and welfare of the residents of the Town of Wappinger to cause the demolition and removal of the structure located at 36 Old Route 9, identified as tax parcel number 19-6157-02-543900-00, owned by Braker Associates, Ltd.; and WHEREAS, Mark Lieberman, Fire Inspector of the Town of Wappinger, and Thomas Classey, Building Inspector of the Town of Wappinger, are authorized to solicit bid proposals for the demolition of said unsafe structure pursuant to the report of the Fire Inspector, the consent of the owner, and the Town Board's determination herein; and WHEREAS, the Town shall cause the removal of the demolition debris caused by the demolition of the subject structure, by Royal Carting, pursuant to the Bulk Recycling Bid for calendar year 1992, previously awarded to Royal Carting; and WHEREAS, Town Law § 130 authorizes the assessment of all costs and expenses incurred by the Town in connection with these proceedings, including, but not limited to, the costs of demolition and removal of the unsafe structure and attorneys' fees against the land on which the unsafe structure is located; and WHEREAS, the Town Board hereby directs that all costs incurred by the Town in the demolition and removal of the unsafe structure shall be assessed and levied against the subject parcel 4 identified as tax parcel number 19-6157-02-543900-00 owned by Braker Associates, Ltd.; and WHEREAS, the Town Board has reviewed this action to demolish and remove the demolition debris of the structure at 36 Old Route 9 with respect to SEQRA, and has determined that the demolition of the subject structure will not create any adverse environmental impacts. NOW, THEREFORE, ABE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby determines pursuant to Town Law S 130 that the structure located at 36 Old Route 9 in the Town of Wappinger, located on premises more particularly identified as tax grid number 19-6157-02-543900-00, owned by Braker Associated, Ltd., be and hereby is declared to be an unsafe structure which poses a danger to the public health, safety, and welfare of the residents of the Town of Wappinger. The Town Board hereby orders and directs its demolition and removal pursuant to its findings and in accordance with the request and consent of the owner as stated in the Braker Affidavit. 2. The Town Board determines that it is the only involved agency in this action in authorizing the demolition and removal of the aforementioned unsafe structure and hereby declares itself LEAD AGENCY PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART 617-NYCRR. 3. The Town Board has caused to be completed Part 1 and Part 2 of the short form EAF for this project, in the form annexed hereto. 5 4. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and hereby determines that the intended action, to wit, authorizing the demolition and removal of the aforementioned unsafe structure, will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DETERMINATION OF SIGNIFICANCE for this action. 5. The Town Board hereby authorizes the Supervisor to enter into a contract with the individual or entity submitting the lowest bid proposal for proper demolition of the unsafe structure, plus the costs of any requisite permits or fees, if any, which demolition shall be done in accordance with the rules and regulations, local laws and ordinances of the Town of Wappinger or of any other municipal agency having jurisdiction over the premises. 6. The Town Board hereby directs the removal of the demolition debris caused by the demolition of the subject structure by Royal Carting, Route 82, Hopewell Junction, New York, pursuant to the bulk recycling bid for calendar year 1992, previously awarded to Royal Carting. 7. The Town Board directs the Town Supervisor, Town Building Inspector and the Town Assessor to assess all costs and expenses incurred by the Town herein, and to assess and levy the costs against the land on which the unsafe structure is located, identified as tax grid number 19-6157-02-543900-00, as provided by law. N 8. The Town Board further orders that a public hearing shall be held on , 1992, at p.m. at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, for the purposes of determining and assessing all costs and expenses incurred by the Town herein so that such specific sum may be levied against the land on which the subject structure is located. 9. The Town Clerk is further directed to send a certified copy of this Resolution to Braker Associates, Ltd. at its last known address at 38 Old Route 9, Wappingers Falls, New York, 12590 together with a copy thereof to Marshall Brenner, Esq., 247 Church Street, Poughkeepsie, New York 12601, attorney to Rose Braker, principal of Braker Associates, Ltd. 10. The Town Clerk is also directed to send a certified copy of this Resolution to the Dutchess County Office of the Commissioner of Finance, Real Property Tax Service Agency, pursuant to Town Law S 130. 11. The Town Supervisor is hereby authorized to execute Part 3 of the short for EAF and further directs the Town Clerk to provide for the distribution of same as provided by law. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: voting voting voting voting voting 7 The resolution was duly adopted. Dated: May 26, 1992 Wappingers Falls, New York ELAINE SNOWDEN, Town Clerk vNtJ EC.) I,�I�plum13En 617.21 Appendiy. C irin Cnvirommnnlol OUAIIIY RoviL•w SH011T ENVIRONMENTAL ASSES"HENT FORM ror UNLISTED ACTIONS OIIIY SEOR "ART I—PF10JCCT I"F:URIAA'IION fro b^. cclnpinlvd l+y Apo,11t; lnl fit Frole(.l r,p0nnor) - 1, APPLICAN1 �SPUIISnr1 ]. M, JECT NAME. TOWN OF WAPPINGERBRAKER ASSOCIATES,—LTD. BUILDING.. -- 7, FHt)JE!;I tOCATION: ►lunir:lrelll• TOWN OF WAPPINGER _ _°Vl�trDUTCHESS_--------_--. .__-- L_...�.... _.._ _ .. _..._._._..._ .— .Ovide nlilr)•_ •_ — A. PPEC13F. 1.0GATION IS11401 11:1ntfte Ind 'Ce0 in14l'ite 1!n4, Ol4:nlnenl Ieldmarkl, tIC.. Of P I 36 Old Route 9, Town of Wappingers more particularly identified by tax*grid #19-6157-02-543900-00- A C VON: 19-6157-02-543900-00. ACTION: _ �} lie ( J E•nenslon I IA, dill :Ahnnrestle•.r1^^ - -- !. VI ' ., 11;I E PaoJF.GI (11"t -FLY. •+ _ •�—'+ Demolition of unsafe structure; burial of demolition materials, subject to DEC regulations. 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AS R �C5UL1 (Up►'; FI)UPUSf.0 A(,tlL`N WILL IYes �1No -.___-._. ------ I CEA11Fi TH%i TNC INI'OIUAAIIgN FIIO�IirEC AB0 IS TIIUE TO 1Ha BEST Or MY KNOWLEDGE TOWN OF WAPPINGER Ap�11r•ant�eaonsur nimf:_.---.r._.._..._._..r.,._...____..--------._._._._._.... ATITT -'Ir'109ERT9,��'ttorney to the Town y It the nc-lion is in i110 Conclrl Area, and you erp 0 51n1g agency, compinle 1119 coastal Assossmenl Folin before proCoCiling With this 81s9"srnent uAr. * li ;.�iVll 'J F.1,ICNTAI A ;SE.S. Mt ` (I r! be •':oNlplOrl by AoclIC•;1 i� Jfil,'1 AClld'11 f.V:.F.EU Atli. IiPF 1-IHnE5H000 !N 6.11,'f,17,'1, •rtAlllgl: 19'•` -_of Y63, coor9luAle. Inn twp..r 0100951 nno V:,n In! I�VLC E AF, r - I •_1Yty xitro 11. t'%Ell A( t1Ulf IIFCE!VE' c 11011In1FU nILVIVVt A,; rnOVICCL', roll'Jr't.l':1 fU /tC11UN3 IN U (Ircnn, i /.nT 111),61 11 NA, >t n0galrv0 rtnr!Arnlrnn miy bn 1•::•nr;rJ!n oe ►rn:•(per tm'AIrod n(;5rCy. l...i YNO At'•f!1}II II ;4:11.: IN ANY A0vF.n:7r. ErrttC(S .055(":.II1(U—::1'.11 T!!E fC�COI'lIN(i IArt••,nr5 mnv hP narrAwfl!1nn, 11 Inpinitl y �_ etl,lrnQ Air c,lyd hl j. SV'Ip^! ttr ,rcurrd✓.,jini r; t,?,i;v Cr r)vnnitly nnl5e In+t•11, n,<Itllnp tlJlltr, pAllOmt:, tOlhl •VA510 P(011u('11611 lt• nl?pr.•..t.. pbtentr,tl !Cr nrotlon, drAinwjr rrr Il:rJlnt Po:bleat'• C_hl.11n twAlf, EEO �2 nl71,:!:,C, Il�rrcu11u1p1, nf,:n71PaIV��:J1, MSIOrIc, ur Cingr nrinf5t :n rt tlu+pl fr?OurGot, m Cann,lrnlly fill nTi�nuothnod CnAraGl7r� Elnl.,m brh.fry: G] vvOIALIer or llvnn, h5rn, sh011119n fir %V,411:14 r,• 11rnnlrn•I(1 fir 1nt,nnorrpJ tlrnrtn0 ExpLt,n tUlefly: No rA, A 6Dn tnVnrlr'l emtL1MQ D1Ar••.:r 7r.A15 Al }111C011/ p;rnVl!p. •;I n c.n,u,Qe in ute or tnlerAlly of Vnn 0(Und W 011e1 nAlurAl lesTt cnO C•vrinln hllnnt No CS. Go(Will. 2uh5t ,urf11 d!t'l10.,n:tnl, :r relAleJ 4611111!n., 1401y In !!A ,m1„tn0 D) Ine Df('1✓i!Ad nc:loni Etnllin briefly, No CS. Le -,q 101•111, Rrtotl It-rm. Cvnw171at, of jinrf !Ilrus n:l viinllllt J !n Cl -GSI E<Dlnln briefly. No UlitPr itn;/Cin IInch'Idifig ChanGen In utm of Aftlim jttar•(I!y rt I)Dt' fit pnefGy17 Enl,ra•n oflelly, No 0. IS TIIEI1n Cfl 13 Ttlfite UKCI-,( )!J CF., Gl;tr'rl'.7'.rSaa• 11i:Y. EJ 10 P(J LWII. AMP. ASfi,EIVIIfl^r11,1�111AL wr'ACT5? t J Yet `[X1 NV II Yet, firplsin bflclly PART III— Li Ci E.IMINATION OF SIGNIFICANCE (l*,) !:- ccj rlplglEd by Af;inncy) Iris VFIQI, I KINS: r^r cbeh altvor,l !llctl i,jnn(ihttd nrro+n, dw,,;rminn whethnr it of, ,tut)Slarllnl.ler.70, imporinnt or olhervir!c G`,rlflicaill. Each Effect should be a:l0l7tsed In ronnncllvn Min 117 (o: ;ulllntl (,.n. Wt) -7n it' iulAl); lb) p:nhihlllly of eccu(rinG' (r) amlllon; (4) I1tvicel u,'lly; to geoglOphlr; 9crpn: 11113 In 11 ntf;c;sr,nry, edd 11110(-IhnlC:n15 or rcfernnre suplloning melenrl5.-Eri.,mro Ih11 0rplanaticns C0111nin culflclenl detati to show fila( 111 relcvirll ROYMil iiTtlr1c19 r1;a 1?eon idenllffed and adequalelp this br�x 11 you ha're W,?nlifo?d Gnn or nlort: vo!afill,illy larg(n, or slonificant vdvorse impaol . which MAY occur. Than procf3eo directly to Ihr• FLILL !;AK indior (prepare a posillve dwr lara(ion. L C":hcck This box It you have oeletnlinr.d. !::,::f:l; an :he Infurmallon and al+nlysill above find any supporting documentallon, trial lite prop03f?d acilc.n Wll.l_ NQT result in any !;IqI1iflcar adversr. environrnfinlnl irnpacls AND provide on allacnmertls as ns•^.(,.ssar/, tpc, rCoson9 supporling ihl, d,11mmin2tlon: TOWN BOARD, TOWN OF WAPPINGER HON. CONSTANCE O. SMITH SUPERVISOR, TOWN OF WAPPINGER f Ifni o, Trot r••t nit OI kr!I/r1n 1-1) 111,nt, ,n lr1 RIS•:(. i,n! or �irlDUrt l,b,! utl,tlf j.tnAlufe qt �tlOonl,t•It !11 hr. tr to ;r!Id RrMt• -'� ` )ynrt,rt tit irrpJlr N�i 11 i)Al ti!Ill ifom rt ip CrUo�e 6l,C vl off