by David Flint
At its meeting on April 4 the Stephentown Zoning Board of Appeals voted to accept the Final Environmental Impact Statement (FEIS) for Howard Commander’s Motocross park proposed to be located off of Webster Hill Road in the south end of Town. [private]According to ZBA Chairman Roland Barth, the next step in the SEQR process is a public hearing which is scheduled for 6: pm on Tuesday, May 14. In the regular meeting to follow, the Board can then decide whether to grant a use variance to permit the Motocross park to be located in a residential zone.
The public hearing will also consider the matter of a setback area variance for a proposed earthen berm proposed to be constructed on the west side of the park along a neighboring property line intended to cut down on noise from Motocross bikes. In February the Board voted to reverse a determination from Code Enforcement Officer Dean Herrick that no such variance was needed.
Public comments received regarding the FEIS and the applicant’s responses to them can be viewed on the Town website at Townofstephentown.org.
Herrick Upheld
Barth said that at the April 4 meeting the ZBA also voted on a resolution declaring that Herrick had erred in granting an extension of a building permit to Henry Warner for a house he built on Brainard Road that turned out to be situated on the property of his neighbors, David and Tammy Gorman. According to Barth, this resolution did not pass because the vote was split 2-2, with Barth and Freling Smith voting for the resolution and Joseph Champion and Richard Sime voting against it. Peter Ellard was absent. The Gormans’ attorney, Joanne Darcy Crum, had requested that the Board declare Herrick’s extension of the permit to be in error. Herrick has said that he granted the extension to allow time for the parties to reach an agreement. The same issue has come before the Town Board where Crum has requested that a temporary Certificate of Occupancy granted to Warner be revoked.[/private]