The Town of Ballston, at its Tuesday, Aug. 5 meeting, once again tabled a motion to renew a junkyard license for Kyle Dieterle, who owns and operates a junkyard at 551 Eastline Road.
The same motion was tabled at a July 1 meeting of the board, when concerns were cited over two breeches of junkyard license compliance. The junkyard in question was missing a section of fence and had vehicles parked in front of the business.
The junkyard license normally renews annually, assuming the junkyard is in compliance and pays the required fees. Dieterle was late in paying his fees this year. On Tuesday, board members noted that enforcement of the code is rare, partly due to the fact that compliance can change moment to moment.
Today they could be in compliance, tomorrow they could park a car out front and be out of compliance, said Councilwoman Kimberly Ireland.
Some board members said the situation might be a signal that compliance should be more strictly enforced.
Checking compliance is the duty of the town’s zoning enforcement officer, Anton Rohrmeier. He submitted a recommendation that the license be renewed, but board members who had driven past the junkyard that day said that vehicles remained parked out front.
Resident Linda Lambert, whose property neighbors the junkyard, stood at the meeting to ask the board to consider the possibility a junkyard poses of environmental contamination.
She noted that the property has been used as a junkyard for decades by a number of owners, and while the state Department of Environmental Conservation imposes strict regulations on the handling of dangerous materials and chemicals, there is little monitoring.
`The state’s mandatory annual report for licensing is self-reporting. And since our zoning enforcement officer is not allowed on the premises unless invited, how can the town be assured the junkyard is in compliance?` said Lambert.
Lambert also cited a number of disturbances caused by the junkyard, including loud noises`some late at night`the attraction of rodents, depreciation of property values and cars `burning out` when leaving the junkyard.
While Lambert said she has gotten used to such problems, an environmental issue would not be so easily tolerated. `Prevention is better than trying to pick up and go back,` she said.
She cited the case of a Hudson Falls junkyard that was recently charged with allowing a bevy of hazardous fluids to seep into the ground. The violations were investigated after health problems began popping up among residents.
Town Supervisor Patti Southworth said the town wanted to be certain of the legalities behind the issue before taking action on the junkyard’s licensing.
`We definitely have to do our due diligence to research all the options and what all the possibilities are,` she said in a later interview. One of those options could be making the owner go through the permit process ` which includes an environmental review ` again.
Councilman Tim Szczepaniak said that environmental issues should be considered no matter what action the town takes in regards to the license.
In regards to noise complaints and other issues, Town Attorney Murry Brower said that the town code is not explicit in what constitutes a public nuisance.
The issue will be on the table once again at the next town board meeting, scheduled for Aug. 26.
In other business, the town also renewed its liability/casualty insurance coverage with Selective Insurance Company to the tune of $55,813 annually. The town will be saving $10,000 in insurance premiums this year, and there was talk of putting the money toward pollution insurance or increasing the town’s umbrella coverage.“