Zoning board hears dispute on track, holds off on ruling

Oct. 26—After a public hearing that lasted an hour and fifteen minutes, the Oneonta Town Zoning Board of Appeals decided Monday to wait until next month to decide whether a motocross practice track on East Street violates the zoning code.

The practice track was built on Ed Thompson's property at 615 East Street in Oneonta for his granddaughter, Addison Platt, to practice motocross racing. He also allowed other family members and friends to ride on the track.

The track has upset some of Thompson's neighbors and they voiced their concerns at a town board meeting in June.

Oneonta Code Enforcement Officer Paul Neske visited the property to investigate the complaints but didn't find that Thompson was in violation because it occurred after he left work for the day, the Interpretation of Municipal Officials Decision document said.

Neske said in his decision that he had the town constable visit the site while he was on duty after 4 p.m. to investigate the claim. Neske then visited Thompson and discussed how the property was used, the decision said. Based on that discussion, Neske issued a notice of violation of town of Oneonta Code 103-13(B)(6), which requires a special-use permit for open space recreational uses, the decision said.

According to the decision, Neske and Thompson met to discuss the violation. Neske said if the track was used for private use and not public use, a special use permit was not needed through the town planning board. The ruling said Thompson's son-in-law called Neske to tell him the family wouldn't apply for a special-use permit because only family members used the track. Neske sent Thompson a letter that clarified in writing who could use the track on his property for private use.

Attorney Doug Zamelis, who represents 21 of Thompson's neighbors, said the neighbors are upset with the noise the track generates and disagreed with Neske's findings. The zoning board allowed seven residents to speak against the decision before Zamelis summarized their case.

Each resident who spoke against the track complained about the noise and told the zoning board that it was in violation of code.

Ellen Blaisdell said she and her husband have lived across the street from Thompson for 25 years.

"Until recently, I have enjoyed my property," she said. "That stopped with Mr. Thompson's construction of an illegal motocross track in his field. The noise from these motocross bikes is unbelievable."

She said the noise from the track drives her inside when she would rather be outside enjoying nature.

All of the other people who spoke against the track said they, too, had been driven inside when people practice on the track.

Margaret Clemons said she grew up in her home on Wilber Lake Road and was fortunate enough to buy the house from her mother before she went into a nursing home. Clemons said that when she was young, she rode her horse in fields along Wilber Lake Road and East Street, including the property where the motocross track now is. She said she liked listening to crickets and birds.

"That, however, came to a crushing halt when the motocross track was built," Clemons said. "You cannon imagine how horrible the grinding sound is from the track."

She invited the zoning board members to sit outside at her house when people were practicing on the track.

"You can come over and sit, but you won't be there long," she said.

However, Thompson's neighbor John Hanson disagreed about the noise being an issue. He said the track is in full view from his house and the noise hasn't disturbed the deer near his house or his horses.

"I have videos of my horses and you can hear the noise in the background and my horses are calm," Hanson said.

John Platt, Thompson's son-in-law, said the track is used less than 1% of the week. It is used three evenings per week, weather permitting, he said. Prior to the cease-and-desist order, he said he did invite friends to come over and use the track, but that hasn't happened since it was determined that only family members could use the track.

Oneonta Town Attorney Robert Panasci asked Platt how large the track was. The track is built on five acres, but is only 10 feet wide, Platt answered.

Thompson said he was only visited by one neighbor who complained about the noise.

Fellow neighbor Will Clemons said Thompson told someone that he didn't care about the complaint, so his neighbors took it that Thompson didn't care about their concerns so they didn't complain to him. Clemons said Thompson's property sits at the bottom of a bowl, so the "obnoxious noise rises, east and west and north and south and filters out like a funnel."

Town Zoning Board Chairman Douglas Cannistra said the board will look at all of the comments from the residents and their attorney and will make a decision at the next board meeting.

The board approved a resolution allowing the Mirabito at 4968 state Highway 23 in Oneonta to put up a sign on the wall of the new Dunkin' Donuts drive-thru. The sign will read "Oneonta Runs on Dunkin."

Vicky Klukkert, staff writer, can be reached at vklukkert@thedailystar.com or 607-441-7221. Follow her @DS_VickyK on Twitter.