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Safety Track Site Plan Denied

Written By The Mountain Eagle on 6/7/24 | 6/7/24

Harpersfield Planning Board makes the final determination on the New York Safety Track site plan application.

By Mary A. Crisafulli

HARPERSFIELD - After roughly two years of review the New York Safety Track site plan application was denied by the Harpersfield Planning Board.

The applicant, David and Gregory Lubinitsky, requested expansion of land use activities at the two-mile-long track on Zimmerman Road. Since the application was submitted in 2022, several amendments were made to the original request. The final proposed expansion of use included increased hours of operation, development of a .7-mile-long mini-track, and the ability to drive cars, not just motorcycles as currently permitted. 

Ultimately, the board found the plan did not adhere to town site plan review standards. The twenty-page resolution denying the site plan includes lengthy board findings regarding town standards and the application history.

The most notable finding is that the increased operation would cause raised noise levels in surrounding areas. This was concluded through use of a sound expert, who found the mini-track, if operated in conjunction with the original track during permitted hours, would not cause increased concern. However, the board found evidence that the track is operating beyond its permitted use. They also noted events planned as "races" which are not permitted. The board concluded it would be arbitrary to deny this information and determined the application would cause increased noise. They further determined the application could not be granted in absence of a comprehensive noise study. Due to these factors, the board also noted it does not have the staff or ability to monitor the track activities and enforce code violations.

The board found the roadways could not support the proposed expansion as well as it being detrimental to the natural characteristics of the area, among several other findings. The board found they were unable to determine some details based on the current information provided in the application including adjacent properties protection against noise, glare, unsightliness, or nuisances. The board was unable to conduct a site visit after they were asked by track owners to sign a contract and provide medical history as well as a social security number to do so. Phillips advised them not to sign and instead requested an alternative contract with the owners which was never agreed upon. Some additional information or application clarification was never received. 

The document is available for public review on the town website at under planning board meeting minutes.

Attorney Allyson Phillips of Young/Sommer, hired by the town, said the applicant has the right to challenge the determination. A challenge would be sent to Delaware County for review if received.

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