Proposed Motocross Still Under Review By The Stephentown ZBA

by David Flint
Howard Commander’s proposed Motocross project continues its slow journey through the State Environmental Quality Review (SEQR) system. Commander’s team submitted their completed draft Environmental Impact Statement to the Stephentown Zoning Board of Appeals on June 22. The Board has 45 days to determine whether the document is adequate for public review. If deemed adequate there will be a minimum 30 day period for public comment and possibly a public hearing if the Board so decides.
At the ZBA meeting on July 5, Commander’s Engineer, Patrick Prendergast, made note of a few updates to the plan that he considered to be substantial improvements. To mitigate noise he moved the racing track as far as possible to the east away from a neighboring property line. Also, since the starting line generates the loudest noise, he rotated the track 90 degrees so that the starting line is now pointing towards a wooded area. To further reduce noise he incorporated into the plan earthen berms 8 to 10 feet high topped by a 6 foot high wooden fence shielding part of the track as well as the pit area and also running along the access road against the neighbor’s property line. A landscaped area has now also been included at the entry way from Webster Hill Road.
Prendergast advised Board Members who would like to get a better idea of what a Motocross track looks like and sounds like to visit the track at Claverack in Columbia County. The entry fee for races he said is $10.
Lewis Oliver, the attorney representing concerned neighbors, was not impressed with the improvements. He said there had never been a scientifically conducted noise study. What was done in May 2011 was based on six to eight dirt bikes not operating at full speed. Background noise was based on the adjacent drag strip in full operation, but the Motocross racers will run even when it’s raining when the drag strip is not operating. Regarding the berms, he said that there was no evidence submitted of how much noise would be mitigated. Moreover, construction of berms along the access road would be illegal because the Town’s 25 foot setback rule restricts any structures including walls or fences.
Last month Oliver filed an Article 78 appeal challenging the Board’s decision to uphold the Code Enforcement Officer’s determination that no separate area variance would be needed for the access road. According to the Board’s attorney, Craig Crist, this appeal is pending but no hearing has yet been scheduled.