ROTTERDAM Track zoning probe sought BY JUSTIN MASON Gazette Reporter
Marc Della Villa’s racetrack off of Westside Avenue violates town zoning law because the excavators he’s used to build jumps and the off-road motorcycles that use them are disturbing soil on the property, an attorney representing nearby residents said. Andy Brick said the act of moving the soil means he’s subject to the town’s site development permit process. And without the proper permit, he said the property owner is in violation of the town’s zoning code. “The actual motor vehicles themselves are a soil disturbance,” he said. Satellite photos taken of the property between 2008 and 2010 show the shifting of soil and, in one case, an excavator. Brick said some of the soil is moving precariously close to a section of the Cowhorn Creek, a state-regulated stream. “You can see the soil piles getting closer and closer to the stream,” he said. Brick said soil disturbances on property that totals more than an acre require a permit and a stormwater pollution prevention plan to be in place. The permit process is based on federal wetlands protection law, which in turn is enforced by local municipalities as prescribed by the state Department of Environmental Conservation, he said. By allowing Della Villa to disturb soil and host racing without a permit, Brick said, the town has failed to properly enforce its own zoning code. In addition, he said the lack of enforcement means the town could also be found in violation of its obligation under state guidelines. Brick filed an offi cial complaint with the Town Board during their meeting Wednesday. He’s asking the town to investigate the soil disturbances and determine whether Della Villa broke the law. .......................>>>>....................>>>>.....................http://www.dailygazette.net/De.....r00902&AppName=1
Della Villa claimed during the public comment that the town has drainage pipe on his properties and he would act against these
Article 4 section 11-a of NYS state law
11-a. Drainage facilities. Upon the adoption of a resolution, the town board of any town may, for the purpose of drainage and to protect the property within the town from floods, freshets, and high waters, construct drains, culverts, ditches, sluices, and other channels for the passage of water, and may deepen, straighten, alter, pipe, or otherwise improve any of the lakes, ponds, streams, ditches, drains, or water courses in any part or section of the town in order to prevent the same from overflowing, and provide that the same carry off such additional water as may be brought to the same by other public improvements in the towns; and for such purposes the town board of any town may acquire real property or an interest therein by purchase, dedication, gift, devise, or by condemnation in the manner provided by law for acquisition of real property for highway or town road purposes. If an expenditure for any of such purposes is to be paid by taxes levied for the fiscal year in which such expenditure is to be made, the adoption of a resolution therefor shall be subject to a permissive referendum.
Talking to each other is better than talking about each other
This doesn't surprise me at all. When the Schenectady Charter School opened in our neighborhood, most of the neighborhood didn't even know that they were even considering the old Draper School for this purpose until the 4th and final board meeting. It had already been approved. They never considered the people in the neighborhood and how it would impact our lives. We lived a nightmare for 4 years. Rejoiced when the place closed. Haven't had much respect for the town boys since.
This doesn't surprise me at all. When the Schenectady Charter School opened in our neighborhood, most of the neighborhood didn't even know that they were even considering the old Draper School for this purpose until the 4th and final board meeting. It had already been approved. They never considered the people in the neighborhood and how it would impact our lives. We lived a nightmare for 4 years. Rejoiced when the place closed. Haven't had much respect for the town boys since.
Don't take it personally. That is the way 'rotterdam turns'!
When the INSANE are running the ASYLUM In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche
“How fortunate for those in power that people never think.” Adolph Hitler
This doesn't surprise me at all. When the Schenectady Charter School opened in our neighborhood, most of the neighborhood didn't even know that they were even considering the old Draper School for this purpose until the 4th and final board meeting. It had already been approved. They never considered the people in the neighborhood and how it would impact our lives. We lived a nightmare for 4 years. Rejoiced when the place closed. Haven't had much respect for the town boys since.
I know what you mean......I owned a house on Draper at that time. One of those BS deals
The sad thing is that a majority of the Town Board wants to resolve this controversy -- but the Supervisor and Deputy Supervisor are happy dragging their feet and refusing to take action. The blame for this situation carrying on for so long lays clearly at the Supervisor's and the Deputy Supervisor's doorsteps.
George Amedore & Christian Klueg for NYS Senate 2016 Pete Vroman for State Assembly 2016[/size][/color]
"For this is what America is all about. It is the uncrossed desert and the unclimbed ridge. It is the star that is not reached and the harvest that is sleeping in the unplowed ground." Lyndon Baines Johnson
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
"While Foreign Terrorists were plotting to murder and maim using homemade bombs in Boston, Democrap officials in Washington DC, Albany and here were busy watching ME and other law abiding American Citizens who are gun owners and taxpayers, in an effort to blame the nation's lack of security on US so that they could have a political scapegoat."
ROTTERDAM Town won’t act against Della Villa track BY JUSTIN MASON Gazette Reporter Reach Gazette reporter Justin Mason at 395-3113 or jmason@dailygazette.net.
Town officials say soil disturbances at Marc Della Villa’s race track off Westside Avenue do not constitute a violation of Rotterdam’s site development permit process. Public Works Coordinator Mike Griesemer told the Town Board he couldn’t find any evidence of an erosion caused by people operating off-road motorcycles on the property. But Andrew Brick, a private attorney representing several disgruntled residents living near the Della Villa’s property, claimed Della Villa was violating the town’s erosion control laws by using excavators to build jumps and by allowing the motorcycles to rip around the course. Supervisor Frank Del Gallo was satisfied by Griesemer’s assessment. Absent any wrong doing, he said the town is powerless to prevent riders from continuing to use the property. “They’re not breaking any laws, so we can’t do anything about it,” he said. ...............>>>>..................>>>>......................http://www.dailygazette.net/De.....r01000&AppName=1
Griesemer couldn't find his butt with both hands IMO. Maybe the next administration won't be like the three monkeys and go over some weekend when the track is in full swing and see for themselves that a racetrack really does exist.