The Eastwick Press Newspaper

Eastern Rensselaer County's Community Newspaper

Stephentown ZBA Denies Motocross Use Variance

By

by David Flint
The Stephentown Zoning Board of Appeals decided Wednesday in a split vote to deny a use variance to Howard Commander that would have allowed him to construct a Motocross park in a residential zone. Board Chairman Roland Barth joined with Board Members Freling Smith and Peter Ellard in voting to deny the variance. Board Members Joseph Champion and Richard Sime voted to grant the variance.
[private]There were actually four votes. After the Board’s attorney, Craig Crist, read the standards for granting a use variance and an area variance set out in NYS Town Law 267-b for “one more time,” Barth asked for a summary of Findings from the Board’s consulting engineer, Michael Bianchino of CHA (formerly Clough Harbour Associates). Bianchino summed up the findings of the SEQR proceedings and attached two versions of the Certificate of Determination. The first would approve the application indicating that the Board concluded that mitigation of environmental impact was adequate. The second was a determination to deny the application, indicating that the Board believed there was significant environmental impact that was not adequately mitigated.
The first vote on a motion by Freling Smith to approve the findings with the certification to deny the application passed 3-2. A second vote on a motion by Joseph Champion to approve the findings with the certification to approve the application failed 2-3.
The third vote was on the use variance itself. A motion to deny the variance was made by Freling Smith and seconded by Roland Barth. This motion passed 3-2.
A final motion from Peter Ellard to declare moot determination of the area variance passed 3-2.
In all of these votes, Barth, Smith and Ellard voted against the Motocross project and Champion and Sime voted for it.
What Next?
Sean Sermini, Howard Commander’s partner in the Motocross project, said that his team had fought hard for this project for three years and were undecided at this point whether to appeal the decision or how they would proceed. He said that they will, however, meet with their attorney in the near future to discuss the matter and decide on a course of action.[/private]