Dominic Saraceno, it’s only 9 of the entire neighborhood on the lawsuit and any other people that had concerns simply came over and said something along the lines of " hey we have some people over could you guys keep quiet today" and it was no issue. I was not there the day this guy came over but apparently he was a real dick about it. The family and kid that own the property are very well known in the area and the nicest people you will ever meet, sucks that they have to deal with this.
Wow i know him. Thats fucking lame, he has 4 wheelers and shit too
Looks like a young guy too, maybe mid 40’s? You’d think he’d be a little cooler about a MX bike than some old geezer.
Probably lost his highschool sweetheart to a guy that rode and has had a thing against anyone that enjoys two-wheels ever since.
Just a reminder to anyone interested in going the meeting is tonight at 7pm Pendleton town hall. @NYstanger @bracketracer @TurboTSi
Thank you! Last week totally warped time for me. I’ll do my best. Shop was at an effective standstill last week, so trying to make up today and tomorrow.
I’m not sure what use I would be of i showed. I see the AMA has stepped in. All I can say is maybe the storm will help the cause. People where out being rescued with atvs and sleds.
the guy sounds like a dickhead and the suit sounds like a massive over-reach. first, assessed value and value aren’t necessarily the same thing…and even if they were i’d like to know how he figures that whatever activities are taking place next door have entirely depleted the value of his property…if that is the case he should be challenging his assessed value as well.
just a quick look at recent listings/sales in the development show that people are not having a hard time selling over the past year or so. the most recent sale was for $315,500 in september after being on the market for about 6 months and only dropping $15k from the original asking price- about 5%. the house appears to be a close neighbor to some of the litigants and appears to have achieved a 15% increase in sales price between '04 and '14…which appears to outperform pendleton in general if zillow’s numbers are to be trusted.
we bought our house on 7.5 acres back in the woods on a private lane shared with 3 other homes because we wanted some peace and quiet. for the past 4 years it has been pretty quiet, but this past summer the neighbor’s kid bought a dirt bike. i think the first week he owned it, he rode it at least 6-8 hours a day. it was a little brutal. i understand how annoying it could be for someone, but i also understand that they probably bought their 10 acres with an expectation to use it as they please and i’ll just have to live with that.
personally i think your friend should clear some land closer to the lawyers house and start constructing a pig pen…see how well that goes over.
while it is shitty the lawyer dude is suing it doesn’t really seem totally unreasonable that your buddy should have to go through some expense to defend his right to use his property in a way that does impede, even if only slightly, on the convenience of his neighbors.
the lawyer is just trying an intimidation tactic. this is a common first response to ‘take the temperature’ of the opponent. if your buddy puts up a good fight or makes it not worth the fight then the other guys will drop it… there are a variety of ways to do this. what the lawyer is doing is pretty 101 type shit sounds like.
So the meeting was a pretty big shit show, I don’t think the town anticipated as many people as there were in there and they seemed really unprepared regarding any questions people had. Someone asked what the definition of a “motocross track” was, and they were basically unable to give a real answer to it. They did say, however, that they are not out to ban any recreational vehicles, or pass any noise ordinances which is good news, they were just requested to see if a motocross track fits the description of what recreational activity is allowed on a R2 zoned property. As the zoning goes for R2 property now you are allowed:
(6) Outdoor recreational uses, including tennis courts, parks, golf courses and rod
and gun clubs. See Article VI for special requirements.
Article VI:
[FONT=Times New Roman][FONT=Times New Roman][SIZE=3]§ 247-17. Interpretation of permitted uses.
[/SIZE][/FONT]When a use is not specifically listed as a use by right or a use by special exception within any zoning district, it shall be assumed to be a prohibited use unless it is determined in a written decision by the Town Board that said use is similar to permitted uses and not inherently a nuisance, menace or danger to the health, safety or welfare of the residents of the Town of Pendleton.
[/FONT]
So if they make a big deal about it open a gun club :lol:
Agreed, looks like a good place to setup a Skeet Shooting range… I’m sure shotguns going off at all hours would be much preferred to a dirtbike/4-wheeler.
its not a commercial venture so much of the zoning language isn’t going to apply. even in an area where golf courses aren’t allowed, they usually can’t stop you from hitting golf balls around your yard or even installing your own putting green. the same would be true of installing a tennis court for personal use. so even if a commercial dirt bike track wouldn’t be permitted, a personal one most likely would.
this situation is somewhat unique and zoning laws are by definition intended to deal in generalities. if they were to try to use this permitted use portion of the zoning ordinance against him, i suspect it would represent a case of “spot zoning” (typically illegal) as i doubt they are going to go around all R2 zones in the township and stop people from riding dirt bikes.
The outcome of the meeting last night was pretty much the board saying that they’re not making a decision until after the lawsuit is over so they don’t “make the wrong decision” and end up with a lawsuit of their own.
The damages are a little much as they are assuming they no longer can sell their houses and lost the value they put into it.
How often are the bikes out there? I would consider this like a party outside. It may be legal and noise may be ok but if every day you got home and heard a party, it would wear on you, same thing with bikes.
Those houses are pretty close from that picture. I wonder if he would end up moving it to the Tonawanda Creek side of the property and not have people racing so close to the development side. Unfortunatley, as towns that don’t have many rights and powers to do certain things become more suburban with higher levels of residents, they will continue to deal with things like this.
bikes are out there on the weekends only mainly and that’s if it has rained in the past couple days. Its not like its used every single day at all hours, he is extremely respectful of the neighbors and even went as far as giving every neighbor a personal cell number to call if they had any issues.
i wonder how they came up with 2.5mil?
Added all the total cost of all their houses together lol
yea so they are assuming their hours are all worthless because of this track. hhaha
Best math ever…
If I were the land owner I’d offer the land up for sale to the suing party for double what I paid.