Stephentown Motocross At The ZBA – Everybody Showed Up, Not Much Got Done

by David Flint
After taking a break for one month, the Stephentown Zoning Board has resumed its monthly meetings focused on a request for a zoning variance for Howard Commander’s Motocross park proposed for a site off of Webster Hill Road adjoining his Lebanon Valley Race Track and drag strip. These meetings have been going on since the spring of 2010. A variance was granted last year in July but was overturned as a result of an Article 78 filed against the Board. Meetings resumed in November and the Board was reshuffled subsequently. The meetings have attracted pretty much the same crowd each month – ten to twenty dirt bike enthusiasts sitting on one side of the hall and about the same number of opposed neighbors on the other side. At most of these meetings nothing much happens as the paperwork seems to move along at a snail’s pace and the final application is not yet complete, but supporters and opponents are very loyal about turning out for each meeting.
The meeting on September 1 was another short one. At the last meeting a letter had just arrived from the State Department of Environmental Conservation (DEC) that raised some serious complications regarding wetlands and the need for an archeological review. The county Health Department also had questions. Francis Roche, Commander’s attorney, now reported that he and project engineer Pat Prendergast had presented detailed responses to these concerns to the Health Department and to both DEC and the State Historic Preservation Office (SHPO). Roche felt that the responses had satisfied their concerns but so far they had not received a response back from any of the three agencies. Therefore Roche concluded that, “Tonight, other than missing the Red Sox-Yankee game, I’m not sure anything else is going to be accomplished.”
Roche believed that the Health Department’s concerns were minor. Prendergast met with that Department and clarified that sanitary facilities would be provided by a portable self-contained bathroom trailer. Construction of an on-site septic system might be considered in the future if the project is successful. Food would be by provided by licensed portable concession stands and camping would not be allowed on the site.
Prendergast had also clarified for Nancy Baker at DEC that there would be no soil disturbance in the 100-foot buffer zone away from designated wetlands. This area would be used only for parking cars on mowed grass, and not within 50 feet of wetlands. Roche and Prendergast said they did not believe that a wetlands permit is needed for parking cars in the buffer zone since they do not view it as intensive use, but in the spirit of cooperating with DEC they have submitted an application for a permit and are awaiting a response.
At DEC’s recommendation Prendergast contacted SHPO for their comments on the project but likewise had not yet heard back from that agency.
The Business Plan
Commander submitted an updated business plan for his project. The plan indicates that there would be an average of 12 Sunday events a year with gates open at 6 am. There will be no overnight parking. After mandatory technical inspection of race machines, an hour and a half practice period and track maintenance, racing begins at 11 am and ends no later than 7 pm. There would be on average 200 competitors, 600 spectators and 300 vehicles entering the facility.
There would also be an average of 24 weekday/evening events in a racing season, probably on Tuesdays. Gates open at 9 am for practice with spectators being admitted at 4 pm for the evening event. Racing begins at 6 pm and ends no later than 10 pm. These events are expected to be smaller than the Sunday events with fewer competitors and spectators.
Stephentown Motocross will host both motorcycle and ATV events. There are no plans to run snowmobiles at this time.
Vending of Motocross parts, gear and equipment will be allowed at each event but no buildings of any type. Vendors must supply their own power generator if needed. Food vending will be provided by the Lebanon Valley Auto Racing Corporation only and in portable vending trailers.
Restrooms will consist of one 20-foot restroom trailer and portable toilets if needed.
Comment Period Expected For Wetlands Permit
Lewis Oliver, the attorney representing the opposing neighbors, said the Motocross project with all its parking and vendors could not be accomplished without intruding on the wetlands and Commander’s team was acknowledging this with their application for a permit. DEC, he said, has determined it is a potentially major intrusion and so will publish it in the Environmental Notice Bulletin. There will be a comment period announced in which Oliver said he and his clients will definitely participate.