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O’s Eatery owner goes to higher court over motorcross track; wins
By Paul Crossman
AUSTERLITZ — One of the bigger issues facing the town of Austerlitz recently has been the motocross track behind O’s Eatery on Rigor Hill Road and whether or not the track — used by owner Otto Maier and his friends — needs to have a site plan review by the town. As the debate between the town and Maier grew, the matter recently went before the county Supreme Court, where it was ruled that after Maier had made changes to bring the land back to its original state, no site plan review was necessary.
The issue, according to the town, was whether or not the track behind the restaurant could be considered a business, in which case it would need site plan review and approval from the town Planning Board. The town had requested a preliminary injunction stopping Maier from using the track until such an approval was granted.
According to Maier, the track is just a recreational facility for him and his family which doesn’t charge admission or make money and thus cannot be considered a business nor require site plan review. He also believes that the town’s zoning draft law is not “friendly to motorized sports since the examples listed of allowed recreation types do not acknowledge any motorized forms of recreation.”
Maier is extremely pleased with the court decision and said that he has never meant any harm by the use of the track and hopes that the ruling will show that his track is a perfectly legal, useable form of recreation.
“I feel very good [about the court’s decision] and vindicated that what I was doing wasn’t wrong or illegal, as the town made me out to be some kind of motorized monster. The town tried to portray me as something I’m not,” he said.
Maier said that he was upset that after numerous attempts to work things out with the town, they still insisted on wasting both the taxpayers’ money and his own to take the matter to court.
Kate Cohen, a concerned community member, said, “I’m certainly concerned about it. People are coming right off the highway and it’s a very small piece of land. I didn’t know you could just do that without regard for the law.”
She also believes that the dirt bikes disturb the peace for many members of the community and that it extremely unfair to Maier’s neighbors.
“We have a right to peace, quiet and tranquility [in the town],” she said.
George Jahn, who was the town supervisor at the time of this issue, didn’t have much to say on the issue. “I really don’t have any comment,” he said. “It’s an ugly issue and we’re dealing with it the best we can.”
The decision was made by county Supreme Court Judge Patrick J. McGrath after the town sought to get a preliminary injunction “enjoining and restraining defendants from using an alleged motocross track constructed on their property.”
Court records showed that Maier had originally constructed jumps in the motocross area out of mounds of earth, but had since removed them after the Planning Board determined that site plan review was necessary.
The town zoning law, which the town based this decision on, states that site plan review is necessary when land in question is being used for “active recreation,” which is considered as “A defined area reserved for and specifically designed to accommodate outdoor sports and outdoor activities, such as but not limited to, racquet sports, ice skating, roller skating, horseback riding, swimming, baseball, soccer, softball and motorcycle, all-terrain vehicle, snowmobile and car operations.”
The court ruled that since the jumps had been removed and the property returned to its original state, it could not be considered to be specifically designed to accommodate dirt bikes and thus is not subject to site plan approval.
On a similar note, it was also decided that the tracks and worn areas caused by the bikes do not constitute “active recreation,” as it is meant by the zoning law, so the motion for a preliminary injunction was denied.
Maier said that he hasn’t heard anything from the town since the court ruling and hopes that the decision will put an end to the issue.
According to Austerlitz Code Enforcement Officer Glenn Smith, though, this might not be the case.
“There are still some issues with the property we need to address,” he said. “I’m looking out for the neighbors of the town. … If I was his neighbor, I would be mad.”
Smith said that Jeff Baker, the town attorney, was looking into the issues of who could ride at the track and how often, since living next to an establishment with that many dirt bikes running all day could impact the quality of life of those neighbors who live close.
Maier said that the town has in no way tried to contact him or his lawyer about limiting who can use the track and when.
The issue, according to the town, was whether or not the track behind the restaurant could be considered a business, in which case it would need site plan review and approval from the town Planning Board. The town had requested a preliminary injunction stopping Maier from using the track until such an approval was granted.
According to Maier, the track is just a recreational facility for him and his family which doesn’t charge admission or make money and thus cannot be considered a business nor require site plan review. He also believes that the town’s zoning draft law is not “friendly to motorized sports since the examples listed of allowed recreation types do not acknowledge any motorized forms of recreation.”
Maier is extremely pleased with the court decision and said that he has never meant any harm by the use of the track and hopes that the ruling will show that his track is a perfectly legal, useable form of recreation.
“I feel very good [about the court’s decision] and vindicated that what I was doing wasn’t wrong or illegal, as the town made me out to be some kind of motorized monster. The town tried to portray me as something I’m not,” he said.
Maier said that he was upset that after numerous attempts to work things out with the town, they still insisted on wasting both the taxpayers’ money and his own to take the matter to court.
Kate Cohen, a concerned community member, said, “I’m certainly concerned about it. People are coming right off the highway and it’s a very small piece of land. I didn’t know you could just do that without regard for the law.”
She also believes that the dirt bikes disturb the peace for many members of the community and that it extremely unfair to Maier’s neighbors.
“We have a right to peace, quiet and tranquility [in the town],” she said.
George Jahn, who was the town supervisor at the time of this issue, didn’t have much to say on the issue. “I really don’t have any comment,” he said. “It’s an ugly issue and we’re dealing with it the best we can.”
The decision was made by county Supreme Court Judge Patrick J. McGrath after the town sought to get a preliminary injunction “enjoining and restraining defendants from using an alleged motocross track constructed on their property.”
Court records showed that Maier had originally constructed jumps in the motocross area out of mounds of earth, but had since removed them after the Planning Board determined that site plan review was necessary.
The town zoning law, which the town based this decision on, states that site plan review is necessary when land in question is being used for “active recreation,” which is considered as “A defined area reserved for and specifically designed to accommodate outdoor sports and outdoor activities, such as but not limited to, racquet sports, ice skating, roller skating, horseback riding, swimming, baseball, soccer, softball and motorcycle, all-terrain vehicle, snowmobile and car operations.”
The court ruled that since the jumps had been removed and the property returned to its original state, it could not be considered to be specifically designed to accommodate dirt bikes and thus is not subject to site plan approval.
On a similar note, it was also decided that the tracks and worn areas caused by the bikes do not constitute “active recreation,” as it is meant by the zoning law, so the motion for a preliminary injunction was denied.
Maier said that he hasn’t heard anything from the town since the court ruling and hopes that the decision will put an end to the issue.
According to Austerlitz Code Enforcement Officer Glenn Smith, though, this might not be the case.
“There are still some issues with the property we need to address,” he said. “I’m looking out for the neighbors of the town. … If I was his neighbor, I would be mad.”
Smith said that Jeff Baker, the town attorney, was looking into the issues of who could ride at the track and how often, since living next to an establishment with that many dirt bikes running all day could impact the quality of life of those neighbors who live close.
Maier said that the town has in no way tried to contact him or his lawyer about limiting who can use the track and when.
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