GUILDERLAND — The town’s chief building and zoning inspector, Jacqueline Coons, issued a cease-and-desist order on April 5 to Donald V. Knightes and Kyle J. Tresick.

Knightes, who lives in South Carolina, owns property in Guilderland — at 7160 Route 158, the site of the former Knightes Farm — which Trestick uses for his KT Tree Services business.

The order says that, on March 24, the town became aware that Trestick was digging and installing drainage pipe, which violates a state law prohibiting “physical alteration” of land by an applicant subject to the State Environmental Quality Review Act that has not completed the review process.

Trestick had filed for a special-use permit on Aug. 2, 2022 with the town’s zoning board, which had requested he obtain a Jurisdictional Determination letter from the Army Corps of Engineers before proceeding with the application. The Army Corps oversees the protection of federal wetlands.

On Oct. 19, 2022, Guilderland’s zoning board, the designated lead agency, said there was to be no land disturbance while the application was under review.

Neighbors of the Knightes property who live on West Old State Road have complained to the town for more than a year about the dumping of tree waste on property adjacent to theirs.

“The dumping violated town ordinances,” Richard Gifford, one of the West Old State neighbors, told the Guilderland Town Board on Aug. 16, 2022. “It also disrupted the natural drainage systems, covered wetlands identified on the national wetlands inventory, caused groundwater backup on our properties, created a fire hazard, and created an environment for rodent infestation.”

The town didn’t dispute it was a code violation, Gifford said, but reported that the operator claimed the material was from clearing trees on the site. Gifford reiterated that it was an open pasture with no trees.

“The operator recently submitted an application for a special-use permit,” Gifford told the board of Trestick. “This comes nine months after first being told to do so by the town and after being cited recently for operating without a permit back to Dec. 1, 2021. The town has allowed operation nonetheless.”

Gifford remains frustrated with the town’s lack of action. “It’s been a shell game or bate and switch,” he told The Enterprise this month. “We’re now 15 months into this.”

He noted, “We have no response on which to base an appeal.”

Gifford also said, even more than a business operating without the required special-use permit, he is most interested in having the town enforce its code on dumping.

On Feb. 10, 2023, according to records at Town Hall reviewed by The Enterprise, James Melita, the town’s attorney, had responded to that concern by stating the town’s chief building inspector had determined “woodchips, tree limbs, and other organic materials” do not fall within the meaning of “waste material.”

Gifford, however, has countered, by citing the town code’s definition of “rubbish” as including  “wood, brush, lumber … or waste material of any kind or other material or substance intended to be disposed of.”

He also cites the section on unlawful disposal: “No person shall use any of the lands within the Town as a dump or dumping grounds, nor shall any person throw, dump, deposit or place on such lands or cause to be thrown, dumped, deposited or placed on such lands any rubbish or garbage or attempt to dispose of such rubbish or garbage by burying it on such lands or burning or incinerating it on such lands except as otherwise provided in this article.”

Notes at Town Hall on Gifford’s April 13, 2022 meeting with the town cite his assertions that KT Tree Services has established a commercial dump, destroyed the natural landscape and drainage system, blocked the natural flow of surface water that drains to adjacent wetlands feeding the Normanskill, constructed a 200-foot wood chip dam causing water ponding on his land, created a fire hazard, and potentially deposited contaminants that would reach the Watervliet Reservoir.

Latest complaints

The Enterprise last week reviewed an inch-thick sheaf of papers obtained through a March 31 Freedom of Information Law request that had grown with complaints similar to those The Enterprise reviewed in September 2022.

A call log kept by Inspector Louis Vitelli, as part of a “complaint action summary,” shows on Dec. 1, 2021, Vitelli heard Gifford’s concerns and spoke to Trestick, telling him he must amend his special-use permit with regards to running a business on the property.

A Dec. 7, 2021 email from the town said of Trestick, “He had been told not to dump. And especially not to dump in wetland areas.”

Vitelli’s log since the Enterprise review in September 2022 shows complaints of unlicensed vehicles throughout the property, burning on site, several fire calls, and complaints of changing land contours.

While the log entries are brief, emails are more detailed, often with photographs or videos.

To cite just one example, on Saturday, Nov. 12, 2022, at 11:23 a.m., Gifford emailed Coons, “KT Tree Service is again burning waste material. This cannot be attributed to a bonfire by one of the family members as claimed at the ZBA meeting the evening of October 19th.

“Please advise us whether a permit has been obtained for this activity, or whether it is another code violation. This is particularly hazardous at this time given the strong wind now blowing from the west.”

At 4:58 p.m.that same day, Gifford emailed, “Update: four hours later and still burning strong.”

The next day, Nov. 13, in addition to sending still photos, Gifford sent a video and wrote, “This is day two of tree waste material burning. The pile’s about 25 - 30’ wide and 10’ high.”

He noted that the Pine Grove Volunteer Fire Department extinguished a blaze on Friday night and a second blaze on Sunday.

On Monday, Nov. 14, 2022, at 11:43 a.m., Coons emailed a five-word response: “Thank you for this information.”

Court

Vitelli’s log says a court date was set for Jan. 23, 2023 but neither Kyle Trestick nor Donald Knightes appeared. A trial was then set for March 6, 2023. Gifford and Dwight Sickler, another West Old State Road resident, “both state they will be willing to testify” the log said.

The March 6 hearing was “cancelled due to Mr. Trestick obtaining legal representation,” the log says, with the court requesting that business activities cease and that “fines or possible jail time could be implemented” if the case went to trial and the town convinced the court of a violation.

On March 27, Trestick and his lawyer, Alaina Finan, appeared in Guilderland Town Court along with Melita, before town Justice John Bailey for a “status update,” according to a court transcript.

“As I understand it,” said Bailey, “the alleged activity that’s occurring here is a permitted use but it needs a special-use permit from the zoning board.”

Melita responded that, since it was not yet known what conditions the zoning board would apply, “at this point in time … no activity should be taking place on the property.”

Finan said that she was requesting the Army Corps of Engineers issue a Jurisdictional Determination, which she referred to as a JD letter.

Vitelli explained to the judge that a JD letter “basically determines where the Army Corps wetlands are.” He added, “And the biggest concern that we have is the impact, if any, of any type of work that’s doing back there, filling in, grading, whatever the case may be.”

“I have no ability to enjoin any activity,” said Bailey. “But I think when we were last here, there was kind of an understanding that there would not be any activity on the property.”

Vitelli said he had received a March 19th email about work “going on” on the property, which he turned over to the town’s stormwater officer who reviewed it with the town engineer.

That March 19 email, from Gifford to town officials, said, “Pursuant to Mr. Vitelli’s request, I continue to document KT Tree Services’ illegal activities for the Town’s information and response.

“Last night at dusk Mr. Trestick appeared to be trenching the land at the northeast corner of my property. At one point, I watched Mr. Trestick’s helper pick up and move quickly with a large, I’d say 24’’ diameter section of culvert pipe and drop it below the surface. When Mr. Trestick’s helper saw me, he gestured to Mr. Trestick. They stopped working immediately ….”

Before Judge Bailey, Finan responded, “It’s my position that that’s actually unrelated to the business itself.”

Ultimately, Bailey said, “I’m going to adjourn to May 8th and, if there is a need to actually have a hearing before then, then we’ll schedule it.”