Battling “Zombie” Properties
By Doug La Rocque
These “zombies” are not the same as in the popular 1968 movie, “The Night of the Living Dead,” but instead are abandoned buildings which have gone unmaintained, to the point of not only becoming an eyesore to the community, but of falling into such a state of disrepair as to become dangerous and unhealthy. Compounding the matter is the fact that some of these properties often change hands, particularly between various financial institutions, making it difficult for localities to pinpoint the actual owner.
At the Thursday, May 9, Brunswick Town Board meeting, a public hearing was held on Local Law # 3, that establishes a registry for vacant buildings, sets maintenance requirements and penalties for violations of the law. Once approved and filed with the New York Secretary of State, owners of these vacant structures would have 90 days to file with the Town’s Code Enforcement Officer, and pay the fees as spelled out under this law.
Anyone whose property becomes vacant after the law is in effect, would have 30 days to register. Another provision of the law states if the owner of the property does not reside in Rensselaer County, they must appoint an agent who does, and would have the authority to make decisions upon the owner’s behalf.
The financials set forth in the proposed law call for a registration fee of $250, plus addition fees to be determined by the building’s square footage. Buildings under 5,000 square feet would be charged at a rate of $1,000 for the first year on the books, and more each year the structure remains vacant. Buildings over 5,000 square are double the rates of the smaller structures.
If the owners of these properties fail to comply with required maintenance, the town has the right to do or contract out the work themselves, and bill the owner. If the bill or any registration fees go unpaid, it can be charged back against the owner’s tax bills.
No one spoke in opposition to the law at the hearing, and the Town Board hopes to vote on the measure at its June 13 meeting. It is estimated by the town’s Building Department, there are currently 32 such vacant properties in Brunswick.
Amending Borrego PILOT Agreement
Prior to the town’s approval of the commercial solar project on Brick Church Road (State Route 278) the town, county and Brunswick Central Schools entered into a Payment In Lieu Of Taxes (PILOT) agreement. The clock on the 15-year payment plan was due to commence on the 2019 taxable status date, but due to delays in implementation, the board and all parties to the agreement, agreed to push that back to 2020.
Taking The Lead On The Brunswick Acres SEQRA
A proposal to construct 26 new housing units on the north side of Brunswick Road (NYS Route 2) was unveiled at the May 2 Planning Board meeting. It will be handled as a Planned Development District (PDD), that must first gain the approval of the Town Board. The proposal also requires the completion of a long form version of the State Environmental Quality Review Act (SEQRA). The board has directed that letters be sent out to all other state, county and local agencies that might have an interest in the project, to ascertain if any have objection to the Brunswick Town Board assuming lead agency status.
The board also granted a variance to the Sharpe Road Development LLC, which plans to construct 17 new housing starts, 15 of which would be on a cul de sac that straddles the Brunswick – North Greenbush town lines. The current zoning allows for no more than 12 homes on such a road design.
That development’s progress is still subject to an agreement between the two towns, as three of the proposed homes are actually in North Greenbush, but would require water, roadway and fire protection from Brunswick.