Walden’s unsafe buildings saga continues

By Jared Castañeda
Posted 11/27/24

Walden trustees, as the village’s leadership, must ensure that all buildings meet the building code standards, even if it means dealing with a few unwilling property owners and getting some …

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Walden’s unsafe buildings saga continues

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Walden trustees, as the village’s leadership, must ensure that all buildings meet the building code standards, even if it means dealing with a few unwilling property owners and getting some headaches in the process. The board dealt with this process during its November 12 meeting, revisiting a few problematic buildings and adding a new one to their pile.

The board started with a hearing addressing a dilapidated retaining wall that is in very poor condition and poses safety issues for residents passing by on the sidewalk. Village Building Inspector Robert Wallner warned the board that the structure will continue deteriorating if not repaired soon, and Village Attorney David Donovan noted that the property owner received multiple violation notices since last April but had yet to take action.

Anthony Cabrera, the owner, explained that he wanted to build a 16-inch retaining wall, as his property did not initially have one. The structure collapsed during the excavation process, leading to its current state today.

“There was not previously a retaining wall there, so we were trying to build a 16-inch retaining wall, which is not required in the plans or anything like that,” Cabrera said. “And when we were doing the excavation, the whole area just fell down to our property, and that caused a problem.”

As of November 12, Cabrera could not afford to repair the retaining wall and was looking to sell the property to a buyer who could fix the structure. He apologized for the wall’s condition and asked the board to give him another month to provide a final answer, as he recently found a potential buyer after months of searching.

“I’m trying to sell the property so the next buyer could take care of the responsibility of this. I ran out of funds, and right now I’m in a difficult financial situation,” he said. “I would like to ask the board for at least another month to have an answer as to whether or not this potential buyer could take over and fix this situation. We are in conversation with a potential buyer.”

The board, while understanding Cabrera’s situation, was very concerned about the retaining wall and how its condition could further worsen during the upcoming winter season. Considering that the safety issues have gone on for months, the board did not want to give the owner more time and asserted that he was responsible for the wall’s maintenance.

“So you’re just going to push it off onto someone else and you want us to wait? In the meantime, that’s dangerous, there’s no retaining wall there,” said Trustee Kristie Hall. “If a kid’s riding his bike down the road and he falls, now he’s going to go down a hill because that wall’s not there.”

The board agreed to look into repairing the retaining wall, including the scope of work and cost, and scheduled a hearing for November 19 to determine the building inspector and owner’s responsibilities in this undertaking. The board gave the owner seven days to create a plan and work with the building inspector; Cabrera agreed to these terms.

As of November 19, Cabrera has been talking to a potential buyer who will take the responsibility of repairing the retaining wall. Since this sale has not been confirmed, however, the board decided to put bids out for the wall’s repairs; regardless if the sale goes through or not, the board wants to amend this safety hazard as soon as possible.

Later in the meeting, the board spoke with Andrew Concolino, the owner of the 76-80 West Main Street building; this property was deemed a safety hazard due to its decayed foundation, water leaks, and rodent sightings. Concolino and Anthony Meluso, his engineer decided the best course of action would be to demolish the building and construct a new one in its place.

Since the October 15 meeting, the two prepared demolition plans, secured $2 million in liability insurance, shut off the building’s electricity, conducted a pre-demolition survey and analysis, and submitted reconstruction plans to the village’s planning board. As of November 12, Concolino was waiting for New York State Electric and Gas to shut off the building’s gas; otherwise, once he finds a contractor, he will likely have the building demolished by the beginning of 2025.

The board was very pleased with Concolino and Meluso’s efforts so far and felt that the process was going smoothly. While not confirmed, the board may meet with the two again on December 3 after reviewing their demolition plans.

“For others out there, take note; this is a perfect example of what we’ve asked for,” said Trustee Chris Batson. “We asked for a plan, and you’ve come here with a well-articulated plan. Everything we’ve asked, you’ve responded to.”

Following Concolino, the board checked up on the 60 Main Street Building and its owner, Sandro Tortora, with less favorable results. The building inspector described the property’s rear yard as an eyesore in the village, plagued by a decaying structure, overgrown weeds, and sharp pieces of metal. During the October 15 meeting, the board authorized the village to clean the rear yard at Tortora’s expense and conduct an engineering report to determine the building’s safety.

Having received no plans or updates from Tortora, the board lost its patience and decided to take over the building’s maintenance. The board authorized the village to remediate the property, including structure rebalancing and the removal of its rear yard; Tortora will be billed for these services.