Rotterdam dirt track determined to not be a racetrack
Residents and dirt bikers have an answer to a long-awaited question: Is the path on a patch of light-industrial land at Maple Street and Wedgewood Heights a racetrack or just a dirt track?
The dirt track is not a racetrack, according to Mickey Maher. Marc Della Villa owns the contested parcel, which has a dirt track for dirt bikes and ATVs. Neighboring residents have complained about the noise of the activity, and town officials have been looking into if the dirt track falls under the town code definition for a racetrack.
We now have a determination it is not a racetrack from the code enforcement officer and the board has to decide how they want to proceed next, said Robert Godlewski, deputy supervisor for the town, on Wednesday morning.
Initially the ruling from Maher was unclear and the Rotterdam Town Board had to wait till after the Town Board meeting on Wednesday, Oct. 27, to release the official determination.
During the meeting Robert Godlewski, deputy supervisor for the town, said he received an e-mail on Oct. 26 from Mickey Maher, town building inspector, about the determination of the dirt track, but the ruling wasn’t clear from the message.
`On that letter that we received, I’ll be honest with you, I can not make that determination,` said Godlewski at the meeting about the decision. `I have sent him an e-mail asking him, in fact, ‘Is it or is it not a racetrack,’ and no matter how he decides, what are the alternatives either applicant has. I have not received an answer yet. I’m sure the supervisor will follow up on it tomorrow.`
Supervisor Frank Del Gallo talked to Maher the morning of Wednesday, Nov. 3, and confirmed the dirt track wasn’t a racetrack.
Del Gallo estimated the property was visited around 12 times, which the dates were recorded, before making a determination. Godlewski said Maher and others visited the property throughout the month of October before making the determination.
Maher could not be reached to comment on how he made his decision.
`My position is the same as it was before,` said Del Gallo. `I don’t believe there are racetracks and I don’t think you are ever going to stop it, but I don’t think you should annoy anybody with it.`
Rotterdam Town Code defines a racetrack as `any ground, area or track upon which races, contests or demonstrations of skill or stunts are conducted for the enjoyment or entertainment of the public or for the gratification of the contestants which employ go-carts, stock cars, motor scooters, midget autos, motorcycles, motor vehicles or other vehicles propelled by a force other than human energy.`
Della Villa confirmed the code enforcement officer has visited the property on `numerous` occasions when the dirt bikers were riding on the track.
`The way the neighbors want it, it is so vague that nobody in the town of Rotterdam will be able to ride their snowmobiles on their property,` said Della Villa. `It is not just about the dirt bikes it is about all sorts of things.`
Della Villa said on Tuesday, Nov. 2, before the firm ruling, that he would respect the decision made by the town, but the riders might not be quick to accept the town deciding the dirt track is a racetrack.
`If they close me down tomorrow I would say thank you for the consideration and effort that was put into it and that is it,` said Della Villa. `The kids might sue if they think it is wrongful.`
After Della Villa was informed of the decision he said riders will be happy to reach an understanding with neighbors and try to work with them. He said the riders are open to a compromise, but neighbors were aware of what type of property zoning were next to their property when they purchased their home.
`He made the determination definitely 100 percent fair,` said Della Villa. `I’m sure the residents won’t be happy. I’m sure they will push the issue, which is their right. Now that the leaves are off the trees they have closed it down for the season, because the leaves acted as a buffer.`
He also stressed the board has only given him what he is due and everything was looked at objectively without basis.
`[Riders] are not going to see this as free range to do anything they want,` he said. `They are going to see this as a positive opportunity for them and keep it well within everybody’s best interest.`
With the situation coming to a close, board members might take on changing the town code to be clearer in defining a racetrack. During the meeting, Martin suggested changing the town code to better clarify what I racetrack is and isn’t, so the matter can be resolved.
`Then I move, I suggest, that we change the ordinance to be a definition of a physical structure rather than the intent of the participants,` said Martin.
Godlewski said the board would utilize recommendations on how to proceed with the current town code for a racetrack if there are changes or refinements. He said on Thursday, Nov. 4, he would be meeting with the Chairman of the Planning Commission Thomas Yuille.“
