by David Flint
The environmental impact review of the Motocross park proposed for a site off of Webster Hill Road in Stephentown is proceeding slowly but surely. At the Stephentown Zoning Board meeting on Thursday, March 3, the first order of business was to officially appoint Deborah Coppola Secretary to the Board. That done, Board Chairman Roland Barth reported that the Board had received documents from Patrick J. Prendergast of Valatie, Consulting Engineer for Howard Commander who is applying for a use variance allowing him to construct the Motocross park. Prendergast submitted a revised Environmental Assessment Form as well as a response in detail to a number of environmental concerns raised earlier by Michael Bianchino of Clough Harbour Associates (CHA) who has been hired by the Zoning Board as their consulting engineer.
Sean Sermini, President of Superior Events Racing & Management and Commander’s partner in this endeavor, said that their plans had changed slightly to move the proposed track up to the highest of the three fields on the site in order to allow ample room between the track and wetlands in the area. This move, he noted, would not bring the track closer to any homes in the area. He was not prepared to discuss the application further as he said they wanted to give the Zoning Board’s engineer opportunity to review Prendergast’s response.
Attorney Craig Crist, who is advising the Zoning Board in this matter, said there seemed to be some confusion about the application for a zoning variance and the SEQR (State Environmental Quality Review) process. He pointed out that there are not two approvals needed, but just one, the use variance. State law, however, requires an environmental impact study. Quoting from the NYSDEC website he read that, “In New York State, most projects or activities proposed by a state agency or unit of local government, and all discretionary approvals (permits) from a NYS agency or unit of local government – in this case, the use permit – require an environmental impact assessment as prescribed by the NYS Environmental Quality Review Act.”
Crist related some communication he had with Commander’s attorney Francis Roche regarding a possible conflict of standards between the Town Land Use Regulations and the State statute on Town Law. Roche, he said, was of the opinion that the State statute did not trump the less stringent Land Use Regulations, but he believed his client could meet the State standards thus making the issue academic. Crist said he wanted to afford the opportunity to Lewis Oliver, the attorney representing concerned neighbors in the area of the proposed Motocross site, to respond. Oliver said he had already sent a detailed letter to the Board on this matter in which he contended that Section 267-B of the NYS Town Law clearly is applicable. With supporting court citations he argued that localities cannot go below the State standard and local zoning laws with lower standards would not be effective. In any case he believed that the Stephentown Land Use Regulations expressed clearly in several instances the intention to comply with State law and so were not attempting to implement lower standards. He noted, too, that a use variance requires a higher standard than an area variance because, unlike an area variance, it actually allows a change of use in the area affected, a different type of activity than would otherwise be allowed.
Noticeable at the last several Zoning Board meetings has been a group of blue-shirted members, mostly youngsters, belonging to a dirt bike club called the Prefer Dirt MX Motocross Club.
According to Shawn LaTorre, the club President, the club has about 40 members ranging in age from 5 to 55. It is based in East Nassau and most members live in that general area, but some come from as far away as Albany and Greene Counties. LaTorre said the club was formed to provide a safe and legal environment for younger riders. The dirt bikes they ride range from 50cc up to 450cc. Currently they practice at a track in East Taghkanic, about 40 miles from East Nassau. There is also a track in Claverack, but it is for racing only, not practice. The Motocross park proposed for south Stephentown, he said, would be a perfect location. It would adjoin an already established motor sports facility, and it would afford the young riders more time to practice, thus enhancing their skills and preventing injuries.
LaTorre said the purpose of the club, which has a website at www.preferdirt.com, is to provide guidance and schooling in the sport. Several retired professional riders donate their time to get the youngsters pointed in the right direction and avoid accidents that result from lack of training.
LaTorre said his club is hoping that Howard Commander’s proposal will be approved and if and when it is built the club is ready to help with the facility in any way they can to make it better. LaTorre himself started riding dirt bikes at the age of four. It is very satisfying, he said, to watch the young people starting off, gradually progressing in their skills and moving up from the 50cc bikes to the bigger bikes.