by David Flint
Over 100 persons crowded into the Stephentown Town Hall Tuesday evening at a public hearing on Howard Commander’s proposed Motocross track. But those hoping to hear a decision after three years of talk will have to wait another week. [private]The hearing lasted for about 3½ hours during which 56 persons were heard, 24 speaking in favor of the track and 32 in opposition. At the end of it Zoning Board of Appeals Chairman Roland Barth announced that a SEQR Findings Statement would have to be prepared before the Board can vote on granting or denying the requested zoning variance. Consulting Engineer Michael Bianchino of CHA will assist the Board in drafting this statement, and a special meeting for the vote was set for Wednesday, May 22, at 7 pm.
The decision may hinge largely on the conditions for a use variance set in NY Town Law 267-b which the Board’s attorney, Craig Crist, read at the beginning of the hearing. The law states that, “No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate…that…(1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (2) that the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood; (3) that the requested use variance, if granted, will not alter the essential character of the neighborhood, and (4) that the alleged hardship has not been self-created.”
As Commander’s attorney Francis Roche acknowledged in his brief statement, there was nothing new to be offered at this meeting. The arguments from both sides have been pretty much exhausted over many months of deliberations. Roche believed that whichever way the Board voted, the courts would probably support their decision. The opposing neighbors’ attorney, Lewis Oliver, disagreed as usual. He thought the courts would definitely uphold their decision if they denied the variance, but he promised a successful Article 78 challenge should they grant the variance.
Oliver and many of those commenting in opposition were adamant that Commander has not met the four criteria above. They say he has not submitted financial documents proving hardship and that the little evidence he has submitted – a 2010 tax bill – shows he suffered a hardship of only $450 (his tax minus the income he got from leasing the land for agricultural use), and that hardship they say, self-caused by the noise from his own Speedway and Drag Strip, is not unique but applies to the whole neighborhood. Moreover, they believe it is clear that the noise, dust and traffic from a Motocross track would certainly change the character of the neighborhood. Commander bought the property, they argue, knowing that it was in a residential zone, thus more evidence his hardship was self-created.
The opposing neighbors also repeated their arguments that granting the variance would cause their property values to decline further and the Town’s tax base along with them. One abutting neighbor, Virginia Van Valkenburgh Powell, provided a real estate appraisal showing that the decrease in her property value would be 15% or $30,000 should the Motocross track be built. The noise from the Speedway and Drag Strip has increased considerably over the years, they said, and there is no compelling reason to increase it further by, in effect, expanding New Lebanon’s commercial zoning into Stephentown. They feared it would set a precedent and that the Motocross track would surely expand just as Commander’s New Lebanon facilities have. It would benefit a few and harm many, they said.
Roche and proponents of Motocross and of granting the variance argued that Commander had indeed suffered financial hardship by not being able to use the land for any profitable use. When he bought the land Roche said the law was very unclear on the concept of self-created hardship. Proponents said that the noise would be minimal – Motocross bikes are limited to 94 decibels – and that it would not alter the character of the neighborhood because noise has always characterized this area, even before the Speedway. Some argued that the property in question, adjacent to the Speedway, should never have been zoned residential. In any case, they believed that no laws are set in stone and the law does provide for change and variances to zoning.
What is needed now in Stephentown’s deteriorating economy, they said, is business and jobs and things for kids to do so that people will want to live here. They believed that the Speedway and Drag Strip have been good for New Lebanon and that the Motocross would attract people and bring revenue to Stephentown. They spoke passionately that it would be good for kids and families and young people would learn the value of work, teamwork, honesty, camaraderie, team building and responsibility and develop self-esteem and confidence. Other towns such as Southwick, MA, have demonstrated that you can have a successful Motocross track in a residential area and not drive out the neighbors. It would benefit many and harm few, they said.
Howard Commander himself had the last word. He noted that according to New Lebanon assessment records, people who have sold property in the area of the Speedway have always sold for considerably more than they paid when they bought. He noted, too, that he had spent years trying to get a Go Kart track in New Lebanon when many worried about the additional noise. When it was all done, the noise problem turned out to be of no consequence and now kids are having fun there. He would now like to see kids in Stephentown having fun on a piece of land that otherwise has no real use. Commander expressed exasperation at how long it has been necessary to keep fighting for this. “To go through this for three years, it’s just not right,” he concluded.
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