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Roar of ATV crowds family from yard

By CATHY WOODRUFF THE ADVOCATE
First published in print: Thursday, August 20, 2009

Roger Dames loves his home on a neat residential street in Rotterdam, but he hates the noise, dust and exhaust that seem to visit when he least expects them.


"It's sporadic," he said, but it's enough to prevent him from opening the windows to let in a summer breeze or planning family gatherings in his spacious back yard.

Dames, 35, started calling Rotterdam police last summer seeking relief from the noise and dirt spewed by ATVs roaring across the property behind his back yard, but he's largely given up on that approach.

While the police did respond and the noise usually would stop after his calls, police and town officials have told Dames there is nothing they can do prevent the four-wheelers from revving up again.

With a new baby in the house, Dames and his wife, Linda, are even more concerned about the unpredictable bursts of motorized activity, and they are frustrated.

"My biggest concern is the fumes and the dirt kicking up," Dames said. "We dare not bring Kaitlyn out in the yard. I don't want her breathing that garbage in. We have all that land out there and it's pointless."

The Dames family doesn't invite friends and family over for backyard barbecues on summer weekends.

"I don't want to be in the midst of having company or family out there and have this nonsense start up," he explained.

The owner of the property behind the Dames home, Rocco Rescelo, wonders why Dames hasn't raised the issue with him personally instead of calling town officials, police and me to complain.

Rescelo's land, which fronts on Altamont Avenue, is commercially zoned and has served as home base for businesses including Rescelo & Son Plumbing & Heating. Rescelo also is putting up a large storage building on the land.

"This gentleman, I never met him in my life," Rescelo said of Dames. "I've been here 14 years and we never had a problem with anybody. I don't know where he's coming off doing this."

Rescelo, who lives in Niskayuna, said his 15-year-old son does ride an all-terrain vehicle on the Rotterdam property with his permission.

"My kid was driving his four-wheeler. It's a commercial property. There was nothing wrong," he said. "I let him ride his quad on my property, and there's nothing anybody can do about it."

Rescelo said his son does not ride after dark, but he said he can't vouch for others who may use his property and adjacent woods.

"This is the hangout for the neighborhood," he said. "I don't see anybody and I would not allow it, but when I'm not around, how do I know?"

Dames said he didn't raise the issue directly with Rescelo because he didn't want to spark a confrontation.

This is, in fact, one reason why towns often do enact local laws, so residents don't have to butt heads and risk bad relations with their neighbors in such disputes.

Niskayuna, where Rescelo resides, does have a town ordinance prohibiting operation of snowmobiles and minibikes (with a definition including ATVs) within 200 feet of a residence that isn't the home of the rider or of the person who gave permission to ride on the land....................>>>>....................>>>>............http://www.timesunion.com/AspStories/story.asp?storyID=833073&newsdate=8/21/2009

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ROTTERDAM
Town considers change in code to restrict use of ATVs
BY JUSTIN MASON Gazette Reporter

    When Rotterdam was crafting an ordinance to regulate snowmobiles, the all-terrain vehicle was only starting to hit the commercial market.
    Town officials enacted the law to prohibit the use of motorized sleds in the town in 1972 and at a time when Rotterdam’s agrarian property was being developed for residential use. But the law never took into account the proliferation of ATVs that would follow during the 1980s and 1990s.
    The ordinance doesn’t limit the use of ATVs or dirt bikes anywhere in Rotterdam. As a result, residents are free to use these vehicles anywhere they choose, provided they follow any applicable state laws.
    “Currently we don’t address either dirt bikes or ATVs in our code,” said Peter Comenzo, Rotterdam’s senior planner.
    That could change with a proposed revision of the snowmobile ordinance now being considered by the Town Board. If approved, the revision would ban the use of snowmobiles, ATVs and dirt bikes within 150 feet of any residence that is not located in an area zoned agricultural.
    The ban on these vehicles would also extend to all of the town’s park land.
    The revised law also specifi es that off-road vehicle violations will be subject to enforcement by local police instead of the town’s code enforcer. Violators face a fine of up to $250 or 15 days in jail, which is in keeping with the punishment provided in the original ordinance. ....................>>>>...................>>>>..............http://www.dailygazette.net/De.....r01002&AppName=1

Quoted from GrahamBonnet

Sometimes right in the neighborhoods late at night we get kids flying down the street on them too. I just don't want to see people who have them for plowing snow or for hauling a cart with firewood or something like that get harassed if they put a law on the books.

Quoted from GrahamBonnet

True, they will limit you from even owning them they are so "environmentally conscious." believe me, snowmobiles are next. It is only a matter of time as they have tried this with guns, dirtbikes for kids, you name it they ban it.

Quoted from 397

Hi everyone, I have been busy on the campaign trail.  I want to chat with you. I just don't have the time right now to keep up with you!

Mike V and I are both endorsed by the Republicans.  Mike is doing a primary on the Conservative ticket as well.  I am a Republican he is a Conservative.  That should take care of a few of the posts.

Cap and trade??  It's not a new concept.  It's similar to the cap and trade program that's been around since the Clean Air Act of 1990.   I haven't read the entire legislation just the news articles and commentary.  Climate change is still being debated.  Have any of you seen Al Gore's An Inconvenient Truth?  It's worth viewing and makes you think.  The Senate has not passed it yet so there's a chance it can be rewritten to CAP the costs that can be passed down to the consumer. Renewable energy sources need to be available to help offset this type of program now.    Without them, this is going to trickle down and cost us dearly once again.  I'm not in favor of the legislation based on the news articles I have read.


Auto emissions can be reduced by carpooling.  Too many drivers are solo on the drive in to Albany.  Just a two-person car pool, is one less car polluting and adding to the traffic congestion.  I didn't need a tax incentive to do this.  Just trying to be conservative-mined.  

Why can't we build walkable communities?  Cluster developments instead of suburban sprawl.  

Garbage?  We will always have garbage.  However, we don't need to create the large amounts of waste in the first place that we do.  Why is it that we need so much packaging for things we buy?  Why can't our supermarkets have more bulk foods like the Honest Weight co-op?  You bring in your own container, fill it up and store whatever you bought in it.  ZERO waste, food quality still 100%.  And guess what else, you don't have to pay for packaging so it's far cheaper!

The City of Albany made many mistakes and used the landfill as a source of revenue.  Not fair that more Albany Pine Bush needs to be ruined because of it.  Other munis around had to close their landfills and WE all pay a lot to have our garbage shipped out of here to become a nuisance in someone else's backyard.  

A Republican enviro??  Teddy Roosevelt was a conservationist.   George Pataki closed the deals on lots of land to preserve open space.  Both of them were Republicans.  

I'm an unknown to all of you, but my record on the Rotterdam Conservation Advisory Council is known at Town Hall.  The RCAC is a non-political group of people that have written the erosion and sediment control ordinance, land conservation zoning and the landmark and historic preservation ordinance is under construction to name a few.  

I'm not a politician.  I'm in this to help people.

I have to run, but I'll be checking back.

Mary  

Quoted from GrahamBonnet

First of all why would anyone drive a car with only 350 cubic inch engines when they can have 400, and second -why would they get such high gas mileage?

Quoted from GrahamBonnet

True, they will limit you from even owning them they are so "environmentally conscious." believe me, snowmobiles are next. It is only a matter of time as they have tried this with guns, dirtbikes for kids, you name it they ban it.