By Jared Castañeda

Walden trustees, as village leaders, must ensure that all buildings meet building code standards, even if it means dealing with a few reluctant owners and having a few headaches in the process. The board addressed this process at its Nov. 12 meeting, revisiting a few problematic buildings and adding a new one to their pile.

The commission began with a hearing on an outdated retaining wall, in very poor condition and which poses safety problems for residents passing on the sidewalk. The village’s building inspector, Robert Wallner, warned the board that the structure would continue to deteriorate if it was not repaired quickly, and the village’s attorney, David Donovan, noted that the landowner had received several notice of violation since last April, but had not yet taken action.

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

“There wasn’t a retaining wall there before, so we tried to build a 16-inch retaining wall, which is not required in the plans or anything like that,” he said. Cabrera said. “And when we were doing the digging, the whole area collapsed onto our property, which was a problem.”

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

“I’m trying to sell the property so the next buyer can take responsibility for it. I have no more money and am currently in a difficult financial situation,” he said. “I would like to ask the board for at least another month to get an answer as to whether or not this potential buyer could take over and resolve 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 his condition could further worsen during the upcoming winter season. Considering that the security problems have been going on for months, the board did not want to give the owner more time and asserted that he was responsible for maintaining the wall.

“So you’re just going to blame it on someone else and you want us to wait?” Until then, it’s dangerous, there’s no retaining wall there,” said administrator Kristie Hall. “If a kid is riding a bike down the road and they fall, they’re now going to go down a hill because that wall isn’t there.”

The board agreed to examine the possibility of repairing the retaining wall, including the scope of work and cost, and scheduled a hearing for November 19 to determine the responsibilities of the building inspector and the owner in this business. The board gave the owner seven days to create a plan and work with the building inspector; Cabrera agreed to these conditions.

Since November 19, Cabrera has been in discussions with a potential buyer who will be responsible for repairing the retaining wall. But this sale not having been confirmed, the board of directors decided to launch a call for tenders for the repair of the wall; regardless of whether the sale goes through or not, the board wants to change this safety risk as quickly 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 risk due to its rotten foundation, water leaks and rodent sightings. Concolino and Anthony Meluso, his engineer, decided the best solution would be to demolish the building and build a new one in its place.

Since the Oct. 15 meeting, the two men have prepared demolition plans, obtained $2 million in liability insurance, turned off power to the building, conducted a pre-demolition study and analysis, and submitted plans for reconstruction to the village planning board. On November 12, Concolino waited for New York State Electric and Gas to shut off the gas to the building; otherwise, once he finds a contractor, he will likely have the building demolished by early 2025.

The board was very pleased with the efforts made so far by Concolino and Meluso and felt the process was going smoothly. Although not confirmed, the board may meet again with the two men on Dec. 3 after reviewing their demolition plans.

“For others, take note; it’s a perfect example of what we’ve asked for,” said Trustee Chris Batson. “We asked for a plan, and you came here with a well-articulated plan. Everything we asked, you answered.

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

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