Motocross Track Issue Has Not Gone Away
by David Flint
At Stephentown’s first regular Town Board meeting of the year, Monday, January 18, newly elected Councilman Gerry Robinson reported that he had completed 2½ days of training for newly elected officials sponsored by the NYS Association of Towns. Robinson said the training, presented by staff from both the Association of Towns and the State Comptroller’s Office, covered the various responsibilities of officials, concentrating in particular on issues surrounding land use planning and zoning. “It was very helpful,” he said. “I feel I have a good background now.”
Motocross Redux.[private]
The issue of the Motocross Track proposed six years ago by Howard Commander for a parcel of land in the southern edge of town is apparently raising its head again. Alice Caton of Saddleback Ridge Road appeared before the Board to protest the fact that Commander has in fact built a track on the land just north of Webster Hill Road and that on at least one occasion there were dirt bikes running on the track all day.
Caton and Virginia Powell tried to contact the Town’s Code Enforcement Officer about this but received no response. They did contact Supervisor Eckhardt as well as the State Police. Police investigated and found that Commander admitted that he did build a motocross track but only for private use.
Caton read the text of a September 2010 injunction from NY Supreme Court in Rensselaer County. The Court at that time declared null and void a variance granted to Commander and enjoined him from “any site clearing, soil movement, tree removal, grading, laying foundations, construction, operation or motocross racing events, or any other action in furtherance of the motocross race course.” Commander’s attorney, Frank Roche, agreed to abide by the Court’s injunction which would halt any work on the motocross park “until such time as proper permits are granted by the Town of Stephentown.”
Commander went on after that to again seek a variance from the Stephentown Zoning Board but the application was finally denied in May of 2013.
Caton said that she and Powell have submitted a motion for contempt of court requesting that the court oppose Commander’s action and require that the property be restored to its original condition. She asked that the Town Board join them in this action and also seek legal advice from the Town’s attorney, Craig Crist. Eckhardt said he would indeed speak with Crist about the matter.
Caton also asked that the Board in developing its mass gatherings law write it to help people in the other end of town too, not just those in the area around Gardner’s field. She also wanted representation of people in the lower end of town on the committee that is working on developing the Town’s Master Plan. Councilman PJ Roder responded that the Master Plan Committee’s meetings have been advertised and open to the public and they would welcome additional members. Caton said they would propose someone.
FractalFest Redux
FractalFest 2016 is scheduled to be held July 8 to 10 in the Fractal Forest, NY, USA. That’s the woods behind Neil Gardner’s fields in Stephentown. The music and art festival is presented by Fractaltribe, described on their website as, “a community of artists, musicians & organizers dedicated to creating meaningful experiences & immersive atmospheres; celebrations which foster creative expression in a healthy and supportive environment through the vessel of psychedelic music and culture.” Tribe Owners Robert Lumbra and Aaron Grehan came to the Board to reassure them that they would work together to put on a festival that respects the community and keeps noise to a minimum.
The Board was willing to work with them, saying they had been more respectful than other festivals such as Bella Terra and Disc Jam and that they had made more efforts with their festival last year to keep the noise down. Board members emphasized, however, that there had still been many complaints after FractalFest 2015 which had led to their decision to come up with a mass gatherings law.
Eckhardt said the Board has been reviewing ordinances from other towns. They want to keep it as simple as possible. A permit will probably be required. Quiet times will be specified. How to enforce it is a question. If the gathering does not follow the rules, the company may simply not be allowed to return. The tentative date for a public hearing on a draft of this law is March 14 and the Board will probably vote on it at its March 21 meeting.
Road Crossing
Ordinance
The Board passed a resolution to hold a public hearing on February 15 at 6:30 pm on a proposed Town law that would regulate the opening or boring under or through any Town road for any kind of utility such as phone lines, power lines or gas pipes. Eckhardt said the Town at this time has no law that covers such road openings. The Town’s attorney has provided a template for a law that the Board is now reviewing. It covers the permitting process and has a long list of things that a company would have to do if they wanted to open a road or drill a passage under it.
Dog Abuse
Among the bills approved to be paid this month were two related to a case of dog abuse. Pondviews Country Kennels was paid $684 for boarding the dog and the Rensselaer County Humane Society received $192 for examining the animal for legal evidence in a criminal case of animal cruelty. The case is against the owner, Tricia Lee of Averill Park, who allegedly abandoned the dog named “Bear”, leaving him chained to a shed when she moved from Horse Heaven Road in Stephentown.
Eckhardt said the Board expects to recoup some or all of these costs once the case is concluded.
Town Garage Security
Eckhardt reported that there had been a break-in at the Town Garage. Apparently nothing was stolen or damaged but the incident pointed up the need for tightened security. Highway Superintendent Alden Goodermote has already changed locks and keys. The Board now approved an expenditure of $1,300 to a local provider for a camera security system.
Deposits & Spending
The Town Clerk turned over the sum of $207.29 to the Supervisor for the month of December. The Transfer Station deposited a total of $6,183.
The Board audited and approved claims in the amount of $11,972.41 from the General Account and $14,287.32 from the Highway Account.
The Board set its next workshop meeting for Monday, February 8 at 7 pm and its next regular meeting for Monday, February 15, preceded by a public hearing at 6:30 pm.[/private]