ROTTERDAM — Michael Marotta’s application to build a contractor shop and storage yard on his land in Pattersonville received a chilly reception from the town Planning Commission Tuesday.

Earlier this month, Marotta applied to the commission for a special use permit that would allow him to build a shop and fenced-in equipment yard on his five acres off Route 5S.

Engineer Mark Blackstone, representing Marotta, said the proposal was a result of a recent town court order. Blackstone said Marotta was directed by the court to submit plans that would bring the property’s use into compliance with town ordinance.

“We are here as a direct result of a court order,” he said. “The court felt he needs to exhaust all avenues to legitimize his occupancy.”

Regardless of Marotta’s reasons for applying, members of the commission expressed disapproval. Chairman Lawrence DiLallo said Marotta’s poor history of compliance with Rotterdam’s ordinances did not reflect well on his plans.

“It’s almost an insult to our intelligence for Mr. Marotta to think we’d even consider this proposal,” he said during the meeting.

The project also received criticism from the commissioners of the Pattersonville Fire Department, which cited an 18-year history of the company complaining to the town about hazardous conditions on Marotta’s property. They cited, for example, the danger caused by Marotta’s practice of moving vehicles between a cluttered property and a busy state highway after dark.

“Conditions would improve slightly only when complaints were filed, then would become worse than before,” stated Fire Commissioner Anthony DiMascio in a letter to the town.

Likewise, the town’s Conservation Advisory Council sent a letter opposing Marotta’s proposal because of its location over a sensitive area of the aquifer recharge zone. The council urged the town to halt any proposal that might allow Marotta to use the land as a storage area or salvage yard.

Shawn Schultz, president of Friends of the Aquifer, said Marotta’s application represents his most recent attempt to subvert town and court orders. In a letter to the commission, she said Marotta was given until mid-July to clean up the property or receive town approval for a storage area.

Plans for the storage yard come as Schenectady County officials continue litigation against Marotta in an attempt to recoup more than $17,000 in cleanup costs and fines levied after he was found in violation of public health regulations last year. Blackstone said Marotta has countered the county lawsuit, claiming the county unlawfully removed equipment from his property.

“There are probably some surprises that will come through all of this,” Blackstone told the commission members. “The realities will eventually unfold as the litigation continues.”

Marotta also faces court proceedings with the town after he was cited for violating Rotterdam’s ordinance governing the outside storage of junk and vehicles.

He pleaded guilty to a violation in April and could receive a maximum fine of $250 during his sentencing in July.

Commission member Dick Karp said the town would probably view the project unfavorably even if it were not being proposed by Marotta. He said the land in that area of the town appears far to sensitive for a storage yard.

“Irrespective of Marotta’s involvement or lack thereof, I don’t think I would support this use over the aquifer,” he said.