DOH Rules NYSafety Track Violated Health Laws

By Liz Page

HARPERSFIELD – A facility that has long been an issue with its neighbors in the town of Harpersfield, has been ordered to pay fines for operation of a campground without a state Department of Health permit. New York Safety Track (NYST) owner Greg Lubinitsky, admitted to the violations and has agreed to the stipulations that include paying $46,400 of the total $50,400 in fines and obtaining the required permits.

In addition to operating without a campground permit, several of the fines are related to denying DOH officials access to the facilities on several occasions, from September 2024 to June 2025.

Under the state Public Health Code they violated the sanitary code by using a water supply system and a wastewater facility that were never approved or permitted by the state.

The DOH posted closure signs at the facility last spring noting closure, however, the placards were removed on more than one occasion, which also resulted in fines.

Before resuming operations in future seasons, the stipulation indicates DOH must receive a complete permit application packet and a valid permit must be obtained. A complete packet includes, but is not limited to a completed application, the required permit fee, a completed fee determination schedule and a required proof of worker's compensation and disability insurance coverage or exemption.

As part of the application process, the DOH must receive a written contract signed by a representative of NYST and a New York State licensed engineer or registered architect, demonstrating that services have been retained for the assessment of the existing onsite wastewater disposal system at the facility and the design for any necessary modifications to meet all current applicable state, local and municipal laws, ordinances, codes, rules and regulations. The same is required for the existing water system at the facility and the design for any modifications.

During public hearings on a proposed site plan to expand facilities at NYST, among a long list of concerns, neighbors alleged they were operating a campground without regulation and there was concern over sanitary and hazardous materials runoff onto neighboring properties, with neighbors questioning the health issues.

The track has repeatedly denied access to the town building inspector and other officials without signed waivers and has continued unpermitted operations at the track.

Because NYST planned improvements and changes in operation, they were required to submit another site plan for review. The newest site plan was submitted to the planning board in October 2023 and has been before the planning board on a couple of occasions. A stop work order was placed on construction of the new mini track after it was learned the applicant had been removing trees from the area designated for the track prior to project approval, a violation of the SEQRA permit required by the state Department of Environmental Conservation. Neighbors alleged the construction continued, despite the stop work order.

Neighbors have repeatedly complained about the constant noise, traffic, speeding, alleged operation of a shooting range, low level plane flyovers and other issues when the track is in operation. It has also been the source of litigation over the years.