Stephentown ZBA Finds Significant Environmental Impact In Motocross Park Project

by David Flint
The Stephentown Zoning Board of Appeals has determined that there would be significant environmental impact in allowing Howard Commander’s proposed Motocross park to be placed in a residential zone off of Webster Hill Road. At a special meeting on Tuesday, the ZBA, following the SEQR (State Environmental Quality Review) process went step by step through Part 2 of the Environmental Assessment Form. Following recommendations from engineering consultant Michael Bianchino of Clough Harbour Associates, the Board determined that there would be significant and important impact in noise and on the growth and character of the neighborhood. [private]They also determined that there would be some small to moderate impact on aesthetic resources in that the change in use would alter the views of surrounding residences.
In all other respects, including impact on land, water, air, plants and animals, agricultural land resources, historic and archeological resources, open space and recreation, critical environmental areas, transportation, energy and on public health, the Board found that there would be no significant environmental impact. The Board was in unanimous agreement on all of these findings except for the impact on Transportation. On this point the vote was 4-1 with Board Chairman Roland Barth dissenting. Barth felt that there would be significant impact on traffic patterns in the area, especially on Webster Hill Road.
There was some discussion about refueling of dirt bikes and possible pollution of water. Bianchino suggested that there should be guidelines in place for handling of fuel. The Board passed this on to Commander’s team but accepted the recommendation of no significant impact conditional on appropriate guidelines being provided.
Given the positive declaration, Commander’s team will now prepare a draft Environmental Impact Statement (EIS) that will include a description of measures to mitigate the significant impacts. Commander’s attorney, Francis Roche, said that he and Commander’s engineering consultants would come up with proposals, “which hopefully will take care of these issues,” and he requested a meeting on this with Bianchino on February 2, “basically a scoping session,” according to Craig Crist, the ZBA’s attorney.
At the beginning of the meeting, Roche informed the Board that two changes had been made to their application. The business plan now calls for no racing on Tuesday nights. Racing will occur only on Sundays. Secondly, it was determined that the width of the access road was inaccurate, it having been originally surveyed with snow on the ground. The revised plans now show the road as being about twice the width as was shown on previous versions. Bianchino took these changes into account and said they would not change his recommendations.
Access Road Is Focus Of Appeal
The access road, however, is the focus of an appeal filed by Lewis Oliver, attorney for the opposing neighbors. Oliver is appealing the determination by Stephentown Code Enforcement Officer Dean Herrick that an area variance is not needed for the access road. The Stephentown Land Use Regulations require a 25 foot property line setback for structures or roadways but make an exception for “necessary driveways.” Oliver challenges the idea that an access road for a commercial venture could be considered a necessary driveway. He notes that expected traffic on this driveway on Sundays would exceed by 300% the normal daily traffic on Webster Hill Road. The proposed parking lot, he said, would also be in violation of the setback regulation. Since the applicant never applied for an area variance, Oliver said, his application could not be considered complete.
The Board set a public hearing for March 1 to hear comments pro and con regarding this appeal.[/private]