DEC Concerns Delay Motocross Project Until September

by David Flint
With the State Department of Environmental Conservation (DEC) introducing new complexities, deliberations on a zoning variance for Howard Commander’s Motocross project will now be delayed at least until September. At the Stephentown Zoning Board meeting on July 7 Commander’s attorney, Francis Roach, indicated that it would take their consulting engineer, Pat Prendergast, some time to respond to DEC’s concerns so that their application would probably not be ready until September.
DEC’s concerns were expressed in a letter dated July 5 from Region 4 Deputy Regional Permit Administrator Nancy Baker responding to a Notice of Intent for authorization to discharge storm water associated with construction of the Motocross track off of Webster Hill Road. Baker pointed out that parking for several hundred cars along with portable vendor facilities within 100 feet of the boundary of a protected wetland would clearly constitute “constructing a commercial facility.” She advised that, “Alternatives to parking in the wetland adjacent area must be explored. Or if there is insufficient room on the project site for the necessary parking, relocating the entire project to another site should be considered.”
Baker also expressed concern about filling in of portions of the wetland that had taken place in the past and noted that for any permit application DEC would have to consult with the US Army Corps of Engineers, “and their office would likely review any wetland impacts as a whole, including past and present filling.”
To get approval for impacts to wetlands, she wrote, “the applicant will be required to justify the proposed impacts, as to why the proposal cannot be minimized or redesigned to avoid impacts to the wetland (including parking). If the wetland cannot be avoided, alternative discussions must be provided that show why the activity cannot be moved to other property under the control of the applicant where wetland impacts would not occur.”
Baker added that an archeological permit would also be required. DEC would have to consult with the NYS Office of Parks, Recreation and Historic Preservation regarding any potential historical impacts and an archeological Phase 1 Survey would probably be required.
Lewis Oliver, attorney representing neighboring property owners, said DEC’s position was no surprise to him. The land in question, he said, is a Class 1 wetland, highly sensitive and valuable, requiring extremely high standards for permits. He thought that an application for a permit, if ever successful, would take many months.
The Board agreed to continue the proceedings in September. At this meeting they made a decision about some conflicting standards that had arisen earlier. State standards for granting use variances as expressed in New York State Town Law (¦267(b)) apparently are more strict than in Article X of Stephentown’s Land Use Regulations. The Board, having heard the arguments from both sides on this, now passed a resolution adopting the standards in NYS Town Law. The vote was 3-1 with Richard Sime opposed and Joseph Champion absent.