Neigh­bor of junk yard gets dead­line

Daily Freeman (Kingston, NY) - - FRONT PAGE - By Wil­liam J. Kem­ble news@free­manon­line.com

Town of­fi­cials have given the owner of the prop­erty at 1019 state Route 213 un­til Sun­day, Oct. 23, to re­move cars and car parts that have spilled over from Buck’s Junk Yard.

The re­quire­ment was dis­cussed Thurs­day at a Town Board meet­ing, when of­fi­cials said As­to­ria res­i­dent John Per­rakis re­ceived the vi­o­la­tion no­tice on Sept. 23 and had 30 days to com­ply.

“The struc­ture im­me­di­ately next to Buck’s Junk Yard has been sent an or­der to rem­edy be­cause it’s be­com­ing just as bad as Buck’s,” town Build­ing In­spec­tor Kathy Moniz said. “They’ve cre­ated a junk yard with­out a li­cence or with­out a site plan, so we’re hop­ing to hear back from them.”

Su­per­vi­sor James Quigley said a build­ing on neigh­bor­ing prop­erty “seems to have been ap­pro­pri­ated by Buck’s and he’s got junk on it.”

Nei­ther Per­rakis nor Buck’s owner, Don Macken­zie, could be reached Fri­day for com­ment.

Ul­ster County records show that Per­rakis pur­chased the prop­erty for a dol­lar on June 11, 1999, from Buck’s Scrap Iron.

Town At­tor­ney Ja­son Ko­vacs said a re­quest will be made next week for the state Supreme Court to or­der that Buck’s Junk Yard be shut down.

“I’m ask­ing the court for a per­ma­nent in­junc­tion ter­mi­nat­ing junk yard op­er­a­tions on the sub­ject par­cel,” he said. “It should be filed next week. Hope­fully, we’ll have a de­ci­sion ... in De­cem­ber or so.”

The court case against Macken­zie was au­tho­rized in June 2015 fol­low­ing years

of ef­forts to force com­pli­ance with town zon­ing reg­u­la­tions. Of­fi­cials want the court to is­sue a stop-work or­der based on the ab­sence of a state li­censes to work on ve­hi­cles. In 2011, Macken­zie chal­lenged a stop-work or­der, but was re­jected by the town Zon­ing Board of Ap­peals. How­ever, later in the year, he was given con­di­tional site plan ap­proval af­ter terms for prop­erty im­prove­ments were set. Town Board mem­bers on Nov. 1, 2012, turned down a per­mit for Macken­zie to con­tinue op­er­at­ing at the site af­ter de­ter­min­ing he had not met the con­di­tions.

Macken­zie in Au­gust

2013 was turned down again af­ter ask­ing the town Zon­ing Board of Ap­peals to over­turn or­ders to end op­er­a­tions. He ap­pealed that de­ci­sion in De­cem­ber 2013 by su­ing in state Supreme Court, but lost in a rul­ing is­sued in July 2014.

Ef­forts to stop op­er­a­tions be­gan af­ter a March 25, 2010, in­ves­ti­ga­tion by the state Depart­ment of En­vi­ron­men­tal Con­ser­va­tion re­sulted in ci­ta­tions for haz­ardous waste vi­o­la­tions for fail­ing to main­tain records about the end-of-life ve­hi­cle dates; not hav­ing a con­tin­gency plan for fires, spills, re­lease of ve­hi­cle flu­ids; re­ceiv­ing unau­tho­rized ma­te­ri­als; im­proper fluid drain­ing, re­moval and col­lec­tion; and not prop­erly stor­ing or mark­ing fluid stor­age con­tain­ers.

TA­NIA BARRICKLO — DAILY FREE­MAN FILE PHOTO

Buck’s Junk Yard is at Route 213 and Moun­tain Road in the Ed­dyville sec­tion of the town of Ul­ster.

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