It's been a long time since I've felt a need to post...

Disturbing events occurred today in Masullo Estates.  It's been an ongoing saga and the time for playing nice is over.  I don't know who still reads this board but I'm posting the email I just sent to the Town Board, Chief of Police, and various press contacts.  Let's see if accountability really means anything or if it's merely an ideal paid occasional lip service.


Dear Rotterdam Town Board and Chief of Police:

Once again, I am dismayed that I must appeal for your assistance in a matter that should have long ago been resolved.  In fact, this situation has been ongoing since last year at this time.

Again, illegal clear cutting and road grading was done on a parcel of land we should all be familiar with by now.  I thought the Planning Commission had laid this matter to rest in March when they denied subdivision of the land and forbid trees marked in orange paint from being cut down.  However, those trees were cut down today.  Moreover, the dirt pile which had been illegally dumped there last year was then subsequently spread and graded for road access after the trees were cut down.  I reiterate these are clear and punishable violations of NYS Environmental Law, especially in light of the previously issued Positive Declaration and 1969 DOH letter.  Please refer to my letter dated January 17, 2007 for further detail.

This was no minor operation which was undertaken today.  It was complete with backhoes, chippers, and dump trucks, some of which are now parked deep in the woods to no doubt continue working illegally come Thanksgiving weekend when no Town officials are available again.  In addition, the heavy machinery was being operated illegally and dangerously by a minor child, nearly causing property damage which prompted a call to the police.  The police response was swift but the work was allowed to continue after the minor was removed from the machinery.  I realize enforcement of this matter is probably outside of the police department's normal responsibilities but surely some sort of ticket should have been issued at the very least for improper operation of the heavy machinery.

The events of today should be a complete and utter embarrassment to the Town of Rotterdam.  There has been ample opportunity to punish the individuals responsible and yet, no enforcement action has been taken.  Where is the outrage?  This Town Board keeps talking about accountability.  It's past time to actually deliver some regarding this matter.  The continued lack of respect and disregard for the authority of town officials is a disgrace!  Each and every time, the violations occur on holidays when no one other than the police department can be contacted.  I think we all agree that this is not a preferred use of their valuable resources.

As a resident, I am demanding immediate punitive actions be taken against all individuals responsible for the violations.  I also request immediate remediation be ordered in the form of planting trees to replace those cut down.  I also will be contacting DEC and the Attorney General's office.  Above all, the current activity must be stopped.

It’s time for action.

Respectfully,

Michael O’Connor

Michael, weren't there cars and license plate numbers to take down? And does anyone know who these people are? I do remember hearing about this before (it's been a while) and I agree that this was not to continue. And if these people seem to be so bold and brazen to commit illegal actions in broad daylight, how about someone being bolder and more brazen and take some pictures?

Don't worry.  It's all been documented and then some.  Pictures, video, police reports and response.  There is absolutely no doubt whatsoever that these are serious violations of NYS Environmental Law.  The problem is enforcement.  Perhaps, more precisely, it's a question of will.  Specifically, does the Town Board have any?  This is a slam dunk.  Why has it taken a year for the Town to do nothing?  If I could answer that, I'd be sitting on a mountain with people climbing up to seek my wisdom.

The Town's response is simply inexcusable.  I do not subscribe to their "it takes time" approach.  It's about priorities.  This clearly isn't one of them.  When you make something a priority, it gets done.  Period.

Well, if no respond from the town in a timely manner, than you need to seek other avenues and go over their heads! These people are acting illegally...end of story!

Timely would have preserved the trees.  They're gone.  Timely timed out a long time ago, I'm afraid.  Trusting the Town to resolve this was my biggest error.  I won't make it twice, but I do intend to make it uncomfortable for them nonetheless because it is their responsibility.  Plus, I tend to put stock in what someone says to me.  For instance, when someone keeps talking about Quality of Life issues, accountability, especially when it comes to development, I expect them to live up to it.  If they can't handle this relatively minor situation effectively, how can they be expected to handle anything of greater importance?

More work, less trees.  I can't for the life of me figure out where this is ultimately headed.  The rumors I'm hearing just don't add up.  I don't know if the Town looked into the matter or not.  I've gotten two email responses from different individuals.  One acknowledging my complaint and the other I interpreted as being upset with my complaint.  That surprised me a bit but probably shouldn't have.   Boy, if they don't like my approach so far, they're really not going to like what follows!  I'm looking forward to my 4 minutes tomorrow.  

Michael, if I wasn't going to be at the hospital tonight with my mom, I'd would attend the meeting. But I also remind everyone who can't attend to watch it on Channel 16 Saturday at 1pm. Of course we will be awaiting the write up the Gazette will give it in tomorrows addition. Good luck!

Mike, the problem is that the person who should be taking charge in matters such as this doesn't have the testicular fortitude to do anything about anything. He is a puppet of the builders who has a title in name only to satisify the State Laws.

http://www.rotterdamny.info/b-General/m-1182040021/

I found this link on this message board called 'Critical Impact'. It was proposed by John Mertz and when voted upon, it went along party lines. It clearly can not apply to the past screw ups...but won't it benefit development in the future?

We can only hope that the laws will be enforced and the builders held liable for problems due to improper work done by the builders.

I had my four minutes last night.  It was an emotional tirade I was not happy to deliver.  It is likely my last public comment at a Town Board meeting.  I will either decide to run for office to change things or quietly return to my hole.  In any event, I am happy to report that I was successful in my effort to launch an environmental investigation by DEC.  I am also preparing my complaint to the Attorney General's office.

Michael, you've got the ball rolling now don't give up. All of us at the meeting last night totally agree with the speech you gave on how the issue of the tree cutting, land clearing, and lack of action taken by the town officials. It will be interesting to see if the tree cutting starts up again on Thanksgiving. Keep us posted on what you hear from DEC and the Attorney Generals office tell you. I heard some things at the meeting from a very reliable source that upset me a little on who the parties are that are stalling action on many of the problems in Rotterdam that need to be addressed. Maybe some pressure placed on the town thru the newspapers and TV will prod some action from our elected officials too.

I was very surprised not to read anything in the gazette about what Michael said he discussed in his 4 minute speech. Perhaps letters to the editor are in order here.

The reporter left b4 Michael had a chance to address the board.

My remarks were not all that substantive.  I've previously laid out the legal foundation and facts surrounding it.  Last night was pure outrage.  I'm not particularly proud of my conduct but I needed to say it and they needed to hear it.  Sad fact is I still don't think they get it...and I generally agree with these guys but not enough actually gets done despite their intentions.