Town to clean illegal junkyard, hears
complaints
After years of hearing complaints about the condition of the property, the Guilderland Town Board has discovered the junkyard at 3600 Western Ave. is illegal, to boot.
Despite this finding, the board decided it would accept bids from private contractors to clean up the property owned by Robert Ciembroniewicz. Once the board accepts a bid, work will begin on the property with the costs appearing on Ciembroniewicz’s property tax bill.
A 1998 local law passed by the Town Board makes the operation of a junkyard in the Town of Guilderland illegal. This means that in its current form the operation run on the property has been illegal since its inception, and will need to be revamped into a recycling facility if operations on the site are to continue.
Zoning Enforcement Officer Rodger Stone reported to the board in December that he saw progress being made on the condition of the property, but at the Tuesday, Jan. 19, meeting, he said that progress has come to a halt.
I’ve seen limited action, and almost none in the last three to four weeks. Stone said in some ways the situation has gotten worse, citing the addition of two additional unlicensed vehicles to be crushed by the crusher operated by Ciembroniewicz.
The oily runoff from the property that Stone said had `virtually stopped` in December, apparently has returned. At Tuesday’s meeting Stone said there is still an oil sheen leading into a drainage ditch on Route 20.
Ciembroniewicz has also failed to have an engineering firm provide a discharge report and sediment control plan to the board, Stone said. `The engineering firm has not prepared it because they haven’t been paid.`
Ciembroniewicz was on hand at the meeting, along with his friend Ray Goodman, who helps him run the junk yard. Goodman said that he and Ciembroniewicz have cleared 200 tons of steel from the property, and are developing plans to have the crusher housed in a building 500 feet away from the road.
Goodman also said they are in the process of removing the thousands of tires on the property. `We have been removing tires non-stop,` said Goodman
Ciembroniewicz also said that the Department of Environmental Conservation has inspected the property and has not found runoff coming from the property.
In the end, Supervisor Ken Runion made the motion to have the town solicit bids from contractors to bring the property into conformity.
Runion also suggested a motion to revoke Ciembroniewicz’s special use permit for the property, as it is zoned agricultural. However, Stone informed the board that he discovered earlier in the day that Ciembroniewicz does not have a special use permit.
The prospect of shutting down the operation completely was a concern for Town Board member Warren Redlich. He said his concern is if the town removes the junk from the property, and shuts down the operation, Ciembroniewicz would have no means to reimburse the town for the costs of the clean-up, and would simply abandon the property.
`That’s always a real possibility, but is that a reason to let him continue to pollute the town’s water supply?` asked Runion.
Redlich asked if there were a way Ciembroniewicz can get economic value out of the cleaned up property.
Stone said the property has no agricultural value due to the pollution sustained by the operation of the junkyard.
Runion said he believes there could be a middle-ground if Ciembroniewicz removes the rubbish, metal, junk cars, and other debris, and houses the crusher in a building, the area would technically not be considered a junkyard.
`I think he could fall under the classification of a recycling facility,` said Runion, adding that he thinks the board would be very receptive to the idea if Ciembroniewicz cleans up his act.
For now, the Town will focus on removing the junk from the property. Runion said Ciembroniewicz has between 60 and 90 days before bids from contractors are presented to the board.
`We have to protect the health, safety, and welfare of the people of the Town of Guilderland,` said Runion.
Neighbors turn out in force for public hearing on unkempt property
Guilderland residents neighboring Arnold Naparty’s property at 3393 Carmen Road were on hand at the Tuesday Jan. 19 meeting of the Town Board to comment on the effect the property has had on their quality of life, and petition the board to take action.
According to a report issued to the town board by Zoning Enforcement Officer Rodger Stone late last year, the property is used for the illegal storage of unlicensed vehicles, commercial vehicles and industrial equipment.
Walt Jones, of 220 Sundew Drive, located directly behind Naparty’s property, said this has been an ongoing problem. `There are many promises for compliance, they’re never metwe need them to come to fruition. It has been a long sequence of complaint, promise, promise doesn’t get met, compliant, promise`
The town has been receiving complaints about the junkyard since 1983, according to Stone.
Brian Bengen and his wife Rita, of 218 Sundew Drive, were the next of the neighbors to voice their concerns about the junkyard. Brain Bengen said, `We take pride in our back yard, we pay taxes, and nothing gets done.`
He said the ice storm in December 2008 forced the couple to remove branches from trees that normally mitigated their view of the junkyard.
Neighbor Nancy St. Louis said she came to the meeting to support the Bengen and Jones families. `The Bengen and Jones families keep their houses impeccableI feel bad for them. I also question the town in why this gentleman was never fined.`
`Previous justices we had were not inclined to issue fines,` said Stone. He added that he does not believe that now is the time to bring the matter before the town court. Naparty has been to court and received an ACOD, or adjournment in contemplation of dismissal.
Naparty was on hand at the public hearing and did not attempt to defend himself from the neighbors’ complaints. `I know my property doesn’t look the greatest, I admit thatI’m a pack rat,` he said. `I’ve lived in this town over 30 years. Yes, I accumulated a lot of stuff in that period of time.`
He also said that he understands if he does not clean up the property, the town will have someone clean it up for him.
The Town Board unanimously decided to order Naparty to remove all unlicensed vehicles, commercial vehicles, industrial equipment, and rubbish from the property. The board also required Naparty to secure building permits or remove all unregistered buildings from the property.
Naparty has until March 31 to comply with the Town Board’s order. If the board deems that he has failed to comply by that time they will vote to authorize contractors to bring the property into compliance and bill him for the costs incurred to the town.
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