Del Gallo estimated the property was visited around 12 times, which the dates were recorded, before making a determination. Godlewski said Maher and others visited the property throughout the month of October before making the determination.
Maher could not be reached to comment on how he made his decision.
"My position is the same as it was before," said Del Gallo. "I don't believe there are racetracks and I don't think you are ever going to stop it, but I don't think you should annoy anybody with it."
Rotterdam Town Code defines a racetrack as "any ground, area or track upon which races, contests or demonstrations of skill or stunts are conducted for the enjoyment or entertainment of the public or for the gratification of the contestants which employ go-carts, stock cars, motor scooters, midget autos, motorcycles, motor vehicles or other vehicles propelled by a force other than human energy."
Della Villa confirmed the code enforcement officer has visited the property on "numerous" occasions when the dirt bikers were riding on the track.
"The way the neighbors want it, it is so vague that nobody in the town of Rotterdam will be able to ride their snowmobiles on their property," said Della Villa. "It is not just about the dirt bikes it is about all sorts of things."
Della Villa said on Tuesday, Nov. 2, before the firm ruling, that he would respect the decision made by the town, but the riders might not be quick to accept the town deciding the dirt track is a racetrack.
"If they close me down tomorrow I would say thank you for the consideration and effort that was put into it and that is it," said Della Villa. "The kids might sue if they think it is wrongful."
After Della Villa was informed of the decision he said riders will be happy to reach an understanding with neighbors and try to work with them. He said the riders are open to a compromise, but neighbors were aware of what type of property zoning were next to their property when they purchased their home.