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JUDGE ISSUES INJUNCTION ON WILZIG PROJECT

Mike McCagg

ccSCOOP News

06-01-09 – 3:45 p.m. – New York State Supreme Court Justice Patrick J. McGrath today issued an injunction blocking further activity on the controversial sporting complex in Taghkanic proposed by Alan Wilzig, according to the Granger Group, an organization of Taghkanic residents opposed to the project.  

After hearing arguments from both sides, the judge issued an injunction that halts further construction or use of the course, Granger Group spokesman Tony Gravett told ccSCOOP, and allows time for the justice to review the circumstances of the case further without any additional development taking place on the Post Road property. Wilzig’s proposed mile-long sporting course is already partially developed.

The injunction was issued less than two weeks after the Town Zoning Board of Appeals rejected an appeal by the Granger Group that Code Enforcement Officer Dennis Callahan erred in declaring the sporting course/track a permitted recreational use. Wilzig, a collector of expensive Ducati motorcycles, initially submitted a proposal in 2006 to construct the paved one-mile, 40-foot-wide track. That proposal was rejected by the Zoning Board of Appeals, which ruled the paved track is not a standard accessory use on a residential property. That decision was upheld in state court.

 

Photo by Diane Rodriguez

Last year, calling the track a “recreational use,” Wilzig submitted the proposal again and received initial approval from Callahan and in April received site plan approval from the Town Planning Board.

“This is big news,” said Gravett, following Monday’s court ruling. "Granting the injunction requires, as the decision says, a finding that it is likely that the plaintiff [The Granger Group et al] will prevail on the merits."

The Wilzig proposal has divided the town and neighboring communities. Supporters of the proposal have contended that the development is not noticeable, visually or aurally, on the large compound. They also claim that any noise generated by motorcycles on the property is less than what is generated by dirt bike riders and recreational vehicle operators in the rural community.

Meanwhile, the Granger Group maintains that the paved course and storage facility are out of character for the town, will create noise and visual pollution, reduce property values, and open the flood gates for further large-scale development in Taghkanic.

ccSCOOP ARTICLES ABOUT THE WILZIG TRACK ISSUE

"ZBA Ruling on Wilzig Track: The Granger Group Responds" - May 22, 2009

"Wilzig Track Clears ZBA, but Matter Remains in Court" - May 20, 2009

"Another Round in Court for Wilzig Proposal" - May 4, 2009

"Residents Make Their Appeal to the Taghkanic Zoning Board of Appeals" - April 22, 2009

"Taghkanic Track Debate Shifts to ZBA Following Planning Board OK" - April 15, 2009

"Yet Another Taghkanic Panel to Hear from Public on Wilzig Proposal" - April 7, 2009

"Wilzig Proposal May Be Decided on Next Month" - March 12, 2009

"Wilzig Paving Plan Revs Up Opposition" - February 10, 2009

"Wilzig Asphalt Track Resurfaces" - December 10, 2008

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