The approval by the ZBA follows an April 13 approval by the Town Planning Board of the site plan for the sporting course, which is located just off the Taconic State Parkway.

With Tuesday's decision, the ZBA upheld a previous determination by Code Enforcement Officer Dennis Callahan that the course/track was a permitted recreational use. The Granger Group, which has mounted a tireless campaign of opposition to the Wilzig proposal, appealed Callahan’s determination, forcing the case before the ZBA for a second time in recent years.

Wilzig, an collector of expensive Ducati motorcycles, initially submitted a proposal in 2007 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.

Last year, calling the track a “recreational use,” Wilzig submitted the proposal again and received initial approval from Callahan, and on April 13, the track was given a conditional approval by the Town Planning Board.  

"I'm in favor of individual freedoms within the law," said ZBA member Tom Kiely, one of the three who voted in favor of the Wilzig plan. 

ZBA Chairman James Romaine said the track is clearly a recreational use. "I feel it's extravagant, but to him, it's his recreation," Romaine said during the two-hour meeting.  

In general, the ZBA members voting in favor of the proposal maintained that the course would be a recreational use and not commercial, as many opponents contended; it would have no visual impact; it would have little or no noise impact as compared with other permitted recreational activities such as dirt bike riding, target shooting, and hunting; and it would not impact property values to any extent. Blechman challenged that nowhere in the zoning code does it state that a track or sporting course is permitted and, on that basis, the Wilzig proposal should be rejected. "Whatever you may think of the law is irrelevant," said Blechman. "The law does say-- and it’s quite clear--that race tracks are not permitted."

Challenged on that statement by ZBA member Bob Rochler, Blechman clarified that the by not mentioning a sporting course or race track specifically among the permitted uses, the zoning ordinance prohibits such a use.

Rochler, however, stated there is no evidence that Wilzig would use the course for any purpose other than personal and family recreation and therefore the course would fall within the definition of a recreational use.

He went on to say "we have many local kids who ride their snowmobiles, trikes (three-wheeled off-road motorcycles), and quads (four-wheeled off-road vehicles) on the roads and properties in and around town. I never hear people complain about them."

He also described himself as a neighbor of Wilzig’s and stated that he has "never heard a motorcycle on the Wilzig property,” adding, “I live closer than three-quarters of the people in this room."

Rochler went on to chide the dozens who attended last month's public hearing to oppose the track, saying "no one tried to explain how the course is not a recreational use."

While clear for now of town panels, the Wilzig case remains in state court where a justice has issued a temporary restraining order prohibiting the track from being used, town attorney Robert Fitzsimmons explained.

PREVIOUS ARTICLES ABOUT THE WILZIG PROPOSAL

"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