Stephentown ZBA Approves Motocross

by David Flint
Following meetings in May and June at which public comments were heard, most of them negative, regarding a proposed Motocross field in the southern end of the town, the Stephentown Zoning Board of Appeals moved quickly at their meeting on July 1 to grant the requested zoning variance. Joseph Champion, presiding in deference from the regular Chair, Jack Liebenow, who had been absent from the previous meetings, made clear at the start that there would be no public comments heard at this meeting.
Champion said a letter had been received from the Attorney for the Village of East Nassau objecting to the fact that the Village had received no notice of the ZBA’s proceedings in this matter even though it appeared to him that the Village boundary is within 500 feet of the boundary of the property where the Motocross is proposed. The Attorney, Joseph M. Catalano, noted that the proposed access to the Motocross field is Webster Hill Road, a portion of which is located in the Village of East Nassau. Champion said, however, that, “The issue is moot” because the distance from the proposed field to the Village boundary line had been measured and found to be 800 feet.
Champion then proceeded to deal with some other objections raised at the previous meeting. The SEQR (State Environmental Quality Review) process he said was not needed because the affected property at 9.6 acres is less than ten acres, making it an Unlisted Action. He asked applicants Howard Commander and Sean Sermini about the business plan they had submitted at this meeting. Sermini said the plan was simple, to breed young Motocross competitors and afford them the opportunity to spend time with their families racing as a group. Racing would take place only when drag racing was going on at Commander’s adjoining drag strip in New Lebanon. There would be no permanent buildings; portolets and vending trailers would serve spectators and competitors at race times. Races would be held only once or twice a month. Commander said that opponents’ fears of 20,000 people a week were totally unfounded. A regular event would involve 200 to 300 riders and draw probably 500 to 800 spectators. If in the distant future there should be a major event, he said that the Speedway and the Drag Strip would be shut down and there would be more than enough space for parking cars in those areas.
Champion asked Commander if this was the only use he could make of this land. Commander said he could not put mobile homes there or use it for any other residential purpose because it was adjacent to a flood plain. He could grow corn there but that doesn’t bring in any income. Aside from racing of some sort he had been unable to think of any other productive use of the land. Motocross was selected because with the newer engines the Motocross machines were not as noisy as other racing machines.
Board Members Bob Mittnight, Sr. and Dick Sime then proceeded to make tentative motions to grant a use variance but Code Enforcement Officer Dean Herrick interjected that they still needed to read through Part II of the Short Environmental Assessment Form before they could vote. Although Champion offered another tentative motion to declare the project exempt from SEQR since less than ten acres were affected, Liebenow proceeded to read through the form. There appeared to be full agreement on the Board that the answers were “No” to all of the questions having to do with any adverse impact on the environment. Liebenow then made a motion to approve the EAF and grant the use variance and the motion was passed 4-0.
Brian Baker, a local attorney who said he had no particular interest in whether or not a use variance was granted, nevertheless was outraged at what he considered lack of due process. He had been prevented from speaking earlier but now with the meeting at an end he approached the Board and berated the members, saying they had not followed due process of law. Baker suggested vehemently that all of the Board Members should resign.
Lewis Oliver, the attorney representing abutting landowners who last month had presented a 15-page letter with attachments listing a number of legal objections, said this week that he had been shocked by what he termed the Board’s disregard of law. He said he is now preparing to file an Article 78 proceeding against the Board.
Oliver said the Board didn’t seem to understand the SEQR process and so he found it disturbing that they didn’t see that they needed legal advice and didn’t see fit to hire an attorney to represent the Town. He said he also found it disturbing that the Board had been closeted together before the meeting presumably discussing the Motocross project behind closed doors and that during the public meeting they had been whispering among themselves and offering motions that could not be heard. He felt, too, that they had completely disregarded a basic requirement for issuing a zoning variance which is that the applicant must show and document that the current zoning would deprive him of reasonable use of his land and cause unnecessary financial hardship. “I found the entire proceeding shockingly lacking in regularity,” Oliver said.