05-04-09 - 8:30 a.m. -
A controversial proposal that has passed through numerous Taghkanic town boards and court is back in court—even as the Zoning Board of Appeals contemplates its latest ruling on the fate of the proposal.
A judge late last week approved a temporary injunction request filed by The Granger Group, halting for now Alan Wilzig's plans to pave a mile-long motorcycle course on his Post Hill Road property in the Town of Taghkanic. The injunction stops any progress on the course until a hearing can be conducted. |
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Photograph by Diane Rodriguez |
"It's a big step for us," said Granger Group member and local realtor Harriet Shur.
The temporary injunction, approved by Supreme Court Judge Patrick McGrath, also seeks to overturn the Planning Board's April decision giving site plan approval to the motorcycle course. The Planning Board ruled that that the course, located near the Taconic State Parkway, would have no significant environmental impact.
Meanwhile, the Zoning Board of Appeals conducted a four-hour hearing last month on a separate challenge filed by The Granger Group, which appeals the ruling by the Town’s Code Enforcement Officer, Dennis Callahan, that the track is considered a "recreational use." ZBA member Bob Rochler told ccSCOOP on Sunday that the Zoning Board of Appeals is slated to make a decision about the proposal at its May 18 meeting. The meeting will begin at 7 p.m. at the Taghkanic Firehouse.
Wilzig, a collector of expensive Ducati motorcycles, first submitted a proposal to construct the paved one-mile, 40-foot-wide track on his 250-acre property in 2007. That proposal was rejected by the Zoning Board of Appeals, which ruled that a paved track is not a standard accessory use on a residential property. That decision was upheld in state court. Last year, calling the track a “recreational use,” Wilzig submitted the proposal again and received initial approval from Callahan.
Whether the injunction would impact the ZBA's decision—were it to rule against the Granger appeal—is subject to debate.
A Granger Group member told ccSCOOP that if the judge ruled in favor of the Granger Group during a hearing, it would halt the course's development, but Rochler maintained that a ZBA decision would carry more weight.
Members of the ZBA and Planning Board have said previously that the case rested on the ZBA's interpretation of the town's zoning code and whether the track could be considered a “recreational use.”
PREVIOUS ARTICLES ABOUT THE WILZIG PROPOSAL
"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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