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Old 04-21-2010, 05:41 AM   #2386
crankshaft
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Quote:
Originally Posted by Catskill
This is bad news...with out digressing to bickering about neighbors and how much they suck, I have to first comment on the legal aspect of this article, from a Real Estate Brokers Perspective.


I have to wonder what type of Real Estate broker (if any) kalamucki used to purchase the property in the first place. As a buyers Broker, part of my job in representing my buyers best interest, is to make sure their proposed planned use for the property is actually a permitted use. If it is not I make the current owner of the property go before the proper committees and board to get it approved prior to the property changing hands.

In New York it's Caveat Emptor "buyer beware". In other words, the responsibility is on the buyer to make sure they do their research during the due diligence period, prior to purchasing the property. His offer to purchase should have read "X amount of dollars and subject to verifying the ability to successfully operate MX track etc..." If this was done properly he wouldn't be running into this mess today OR he would have know to walk away years ago.

I'm EXTREMELY surprised that the usage and current zoning were not verified when the title transferred to Mr. Kalamucki. I do this for my clients on a daily basis.

Having a preexisting track on the property is not "proof" that the use is or was permitted. Only Paper Work is going to prove that. I can't tell you how many properties are sold that have existing structures and improvements on the property that, if put into use, would violate town codes. It kills me when I see crap like this happen to innocent people that didn't know any better.

I hope he is able to find the proof he needs to open up again.

I would have never allowed him to purchase this property with out a copy of the special use permit that was originally granted to operate outside the bounds of the original zoning an planning for the property, hence guaranteeing his right to operate as a "grandfathered" use.

I do not deal in typical real estate and my clients ALMOST ALWAYS want to do something on properties that is outside the bounds of zoning and planning. Granted, we don't know the full story from this article. There is a right and a wrong way to go about this. NOT responding to a town is not the way to go. If Kalamucki had a educated broker representing him when he purchased the property he would all ready have the paperwork the town is requesting proving the track is grandfathered in.

This story breaks my heart. Especially with a proposed use such as Motocross, someone should have been looking out for Kalamucki's best interest BEFORE he purchased the property and made sure he had everything he needed from the previous owner to protect his future right to operate. If there was a screw up then, very little will save him now and the town will have him where they want him. I could have seen this coming 100 miles away.
I think you missed the part in the article that mentioned the track was around before the zoning started in 1987. Your post reads like an advertisement for the Realtors assoc
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Old 04-21-2010, 05:50 AM   #2387
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I think you also missed the part that he didn't just recently purchase it! He is 3rd generation of the same family who owned the property! That means most likely his family has owned the property since the 50's or 60's at least. He also said that he has already went through and proved to previous iterations of the town's zoning boards that he had a pre-existing use. Why should he have to prove it everytime a new person is elected? There is also very little detail on what exactly this zoning guy has asked for.
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Old 04-21-2010, 05:58 AM   #2388
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Quote:
Originally Posted by crankshaft
I think you missed the part in the article that mentioned the track was around before the zoning started in 1987. Your post reads like an advertisement for the Realtors assoc
Laugh all you want. I am used to the negative stigma. Most Realtors are slimy chodes with a highschool diploma and a business card. But the good ones are worth their weight in gold. This is what can happen when you don't do your research. Hopefully someone did his research for him. At the very least a proper closing attorney should have taken a second look at this and been looking out for his best interest to run his business.

I think you missed the part of my statement that said that many, many properties are sold with improvements, that if put into use, violate town codes. Also, failure to continuously operate a non-conforming grandfathered use for certain periods of time can risk loosing that right. For example, if the property sat for a year with out a MX track in operation, it would have given someone (enter uppity neighbors) the opportunity to start working against it. Especially, if was started prior to proper record keeping with the town, which it most likely was.

I did not make up the rules but I have to play by them every day of my life and I help people avoid these types of messes for a living. I have represented buyers with in this town and the surrounding counties and towns. Knock my profession all you want but there's a way this mess could have been avoided.
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Old 04-21-2010, 06:05 AM   #2389
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Quote:
Originally Posted by Cdaledude
I think you also missed the part that he didn't just recently purchase it! He is 3rd generation of the same family who owned the property! That means most likely his family has owned the property since the 50's or 60's at least. He also said that he has already went through and proved to previous iterations of the town's zoning boards that he had a pre-existing use. Why should he have to prove it everytime a new person is elected? There is also very little detail on what exactly this zoning guy has asked for.

Yes, there is a lot left out of this article on both sides. Yes "He has said he has already went through and proved to previous iterations of towns zoning...etc..." But if what he said was true the towns would NOT be able to shut him down. Even when a property is transferred from one family member to another there is still a title transfer. I am not happy the town is doing this but I have gone through the same process with several towns for very similar situations...Pre-existing improvements and grandfathered non-conforming uses. It doesn't matter if your grandfather ran a non-conforming business what matters is that you can prove that your businsess was, at one point, grandfathered in. If he went through this before then he should have copies of those board meeting minutes and copies of all the paperwork.
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Old 04-21-2010, 06:12 AM   #2390
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From Aces Website...

Ace Motocross Update: At this time we would like to ask all MSC members, with family, friends, and any other mxer's you can find, to come and show your support for Ace Motocross on Wednesday April 21st @7pm for a meeting at the Plattekill town hall (Corner of Rt 32 & 55). Remember your show of support may help in the decision to keep out track alive and continue to give us a place to race and ride, hopefully for years to come.
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Old 04-21-2010, 12:42 PM   #2391
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Ummmmm Tag Got

gsagh
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Old 04-21-2010, 12:54 PM   #2392
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New tag

It felt good to be on the bike after a week away on Vacation with the family.


New Tag

A big weird pile of rocks. It pops right up on Google.

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Old 04-21-2010, 01:02 PM   #2393
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Kewl looking tag! very nice!
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Old 04-21-2010, 03:13 PM   #2394
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Quote:
Originally Posted by Catskill
Yes, there is a lot left out of this article on both sides..
Count on local news coverage (Papers, Radio, or TV) to do a poor job. My dad was a trial lawyer, and having compared news reports of events with proper investigations made for trials he said simply "Consider news for its entertainment value only".

My personal experience bears this out.
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Old 04-21-2010, 03:42 PM   #2395
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Quote:
Originally Posted by Catskill
Laugh all you want. Most Realtors are slimy chodes with a highschool diploma and a business card.

Not sure how you extracted all of the above from my two sentence post?
Just to be clear, I never said anything bad about RE agents, but you sure as hell did

Not sure how research would have helped the current Zoning issue. How would they do research on zoning laws when they didn't exist 50 years ago? This appears to be a classic case of the Nimby's putting pressure on the town and using the Zoning laws as an end run tool. Maybe a "slimy choad" can come rescue them
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Old 04-21-2010, 05:27 PM   #2396
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Quote:
Originally Posted by BluePill
Count on local news coverage (Papers, Radio, or TV) to do a poor job. My dad was a trial lawyer, and having compared news reports of events with proper investigations made for trials he said simply "Consider news for its entertainment value only".

My personal experience bears this out.
thanks for the photo help lenny it worked like a charm
hated those giant pics
btw trial lawyers rock
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Old 04-21-2010, 06:13 PM   #2397
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Kewl looking tag! very nice!
Its in the heart of my favorite riding area, lots of dirt roads. Its not far from the "Chew Mail Pouch" Barn. There is a nice view from the Castle too but I didn't hang around long to enjoy it. Im not sure if they are open any more.
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Old 04-21-2010, 08:03 PM   #2398
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Fellow Taggers, Ducgonzo needs your help! He has made it to the northern border of his tag area and now needs a lift back south. Can you help??


http://www.advrider.com/forums/showthread.php?t=411133

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Old 04-21-2010, 08:28 PM   #2399
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Quote:
Originally Posted by edfetz
It felt good to be on the bike after a week away on Vacation with the family.


New Tag

A big weird pile of rocks. It pops right up on Google.

The owner, who's generations of family inhabit the area and is where the town Wingdale came from, built the entire place with reclaimed material. They give tours of the residence by reservation and I say it's worth the it just to see the interior. He and his wife raised a family there. Just think how cool it must have been growing up as a kid there.....?
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Old 04-22-2010, 05:50 AM   #2400
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