Stephentown Planning Board Approves Motocross Variances In Split Vote

by David Flint
The Stephentown Planning Board has voted to advise the Zoning Board of Appeals to approve variances allowing a Motocross track in a residential zone. At a meeting Wednesday evening following a lengthy discussion of salient issues, the Board voted 3-2 to issue an advisory opinion to the ZBA that they approve Howard Commander’s application for a use variance for his proposed Motocross park. The project is proposed for a vacant field off of Webster Hill Road. In a separate vote they again voted 3-2 to advise approving also a setback area variance for an earthen berm proposed to be constructed on the west side of the park along a neighboring property line. The berm is intended to cut down on noise from the motocross bikes.
[private]Board Members Derrick Gardner, Robert Lobdell and Mark Prescott voted for approval of both the use variance and the area variance. Their comments indicated that they felt the law provides for flexibility in granting variances and they did not want to discourage new business in Stephentown. Given the noise already in the area from Commander’s race track and drag strip, they did not believe the impact would be that great on neighboring residents.
James Ayling and Board Chairman Tom Morelli voted against approval of either variance. Ayling felt that it would set a precedent and that Commander’s team had not made the case for what Ayling saw as essentially extending a commercial-industrial zone in New Lebanon into a residential zone in Stephentown. The fact that there is already noise in the area did not warrant this extension, he believed, and, in fact, what residents have been saying is, “Enough is enough.”
Morelli was also concerned about setting a precedent without sufficient reason and applying regulations without consistency. The business value to the Town, he thought, did not warrant the impact on neighbors. He believed Commander’s economic hardship – that the land could not be used for anything else – was self-imposed and that he knew the land was zoned residential when he bought it. In summary he said there was not sufficient data to warrant overturning local zoning law.
The advisory opinion is not binding on the ZBA but will surely hold some weight. The ZBA will hold a public hearing on both the area variance and the use variance at 6 pm on Tuesday, May 14, followed by a regular meeting. The SEQRA process is done, and the way is clear for the ZBA to make a decision. It was in May of 2010, three years ago, that Commander first presented his application for a use variance for a Motocross park.[/private]