Neighbors fault Rotterdam officials with not enforcing town code
Neighbors of a parcel of land at Maple Street and Wedgewood Heights in Rotterdam are calling for the sound of silence, or at least a stop to the constant drone of dirt bikes and ATVs from sunrise to sunset.
For the second time in eight months, residents brought their concerns about the dirt track to the Town Board at the Wednesday, Sept. 8, meeting, and asked why town officials were not enforcing the town code requiring a permit to operate what they are calling a racetrack.
It doesn’t take eight months for these member of the board to decide what one definition means, said Phillip Hurst, who lives on Dodge Street near the track. `There is 43 years of legal precedence on this particular town code, it didn’t just come into being last week. This has been on the books for a long time, and three-quarters of the town does not have racetracks.`
Marc Della Villa owns the Light Industrial-zoned land at Maple Street and Wedgewood Heights tat is being used as a track for dirt bikes and ATVs. On May 13, residents met with Rotterdam Town Supervisor Frank Del Gallo, Councilman Matt Martin and Deputy Town Attorney Michael Godlewski to discuss concerns about the noise and dust coming from the site, but the situation has remained unchanged.
Hurst said he has given the Town Board video and photographic evidence showing individuals racing in front of an audience, as well as a petition signed by neighbors of the track, but nothing has been done to address the issue.
`You haven’t answered anything. That is negligent; you’re not doing anything about it,` Hurst told town officials Wednesday. `Two hours of this board’s time could solve this matter.`
Del Gallo said the town code regarding the track is too broad to enforce, and he said if the contested property is to be considered a racetrack, then several other residents would be found in violation of the current code.
Councilman Gerard Parisi, however, said there is really no good reason for the issue dragging on.
`It is very clear that it is a racetrack under our code, and it is very clear that the building department should enforce the code,` said Parisi. `For whatever reason, and I don’t know what it is, I never get an answer, and the town administration refuses to deal with this problem.`
Although Del Gallo said they have not discussed the issue, Parisi said he has spoken to supervisor about it in the past and has the e-mail messages to prove it.
Rotterdam town code defines a racetrack as `any ground, area or track upon which races, contestants or demonstrators of skill or stunts are conducted for the enjoyment or entertainment of the public or for the gratification of the contestants who use go-carts, stock cars, motor scooters, midget autos, motorcycles, motor vehicles or any other vehicle that is propelled by more than human power.`
Deputy Supervisor Robert Godlewski said Mickey Maher, the town building inspector, interprets the code, and Town Attorney Michael Godlewski has had many discussions regarding the interpretation. According to Robert Godlewski, Maher doesn’t interpret the code to mean the contested dirt track is a racetrack.
`The sad part is, the way that it’s written, it is kind of ambiguous,` said Robert Godlewski. `I’ve read it and I have questions in my mind too. What this board can do is rewrite this code.`
Godlewski said there were talks about three months ago to set a decibel level restriction, but after doing some research on surrounding communities, there were some questions about how to enforce the restriction.
During the board’s next agenda meeting on Monday, Aug. 20, at 5 p.m. members will review video evidence of the track and make a decision on regarding the situation.“