New York Safety Track Shut Down?

CUT AND PASTED FROM THE DAILY STAR - JANUARY 25, 2014

This is horrible news to anyone who has ridden that track! Looks like a legal mess now.
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January 25, 2014

Judge orders speedway to follow rules


By Joe Mahoney Staff Writer
The Daily Star


Neighbors opposed to the fledgling New York Safety Track in Harpersfield are rejoicing after a judge prohibited the facility from allowing racing there and placed limits on attendance and on motorcycle engine size, keeping down the loud roar of the machines.

The decision, issued by Acting Delaware Supreme Court Judge Brian Burns, also found that the Harpersfield town planning board violated the state Open Meetings Law on three different occasions last year. The judge also took issue with the guidance offered to the town officials by Town Attorney Kevin Young.

The judge annulled the controversial agreement for operation that the town issued to the track. The agreement was the springboard for the track to actively promote its events and market admission tickets to the general public. The judge directed the track operators to submit a new site plan application to the town for the upcoming 2014 season “and beyond.”

Initially, track representatives had assured the town that the facility was “not to be open to the public per se,” attendance would be kept to 25 people and the size of motorcycle engines would be limited to 250cc. Later after the lawsuit was filed, agents for the track said those restrictions were not binding, the judge pointed out.

“This court finds no legal support for that contention,” Burns said. “After considering the legal arguments presented by all parties, the court finds there is no uncertainty in the described use of the property.”

The judge ruled that the track operators are now limited to the activities that were outlined when the site plan was first approved by the planning board — not the one that was modified by the planning board in concert with the code officer.

Burns also awarded attorney’s fees to the neighbors who sued the track and the town, and were represented by Douglas Zamelis, a Springfield attorney who specializes in environmental and land-use law.

The ruling found the Harpersfield planning board violated the open-meetings law three times between Jan. 30 and May 1, 2013. Subsequently, Young contended that the latter two meetings were appropriately closed closed under “attorney client privilege.”

But Burns wrote: “A public entity cannot retroactively invoke the attorney-client privilege only when faced with a challenge to its decision to exclude the public from its deliberations.”

The judge also agreed with Zamelis that town officials violated a section of the Public Officers Law, enacted just a year ago, by failing to make available to the public a memorandum that outlined the site-approval agreement. Such documents that are to be discussed at public meetings are now required by law to be made available to people attending meetings.

Robert Freeman, executive director of the state Committee on Open Government, told The Daily Star that he believes the Burns decision is the first in New York to hold a public body in violation of this requirement. Freeman also said there has been a recent tendency of New York judges to financially punish government agencies and boards that violate the Open Meetings Law by awarding attorney fees to those harmed by such actions.

Whether the town or the track will file an appeal with the state appellate division is not immediately clear. Young, when contacted by The Daily Star, said he would be discussing the available legal options with town board and planning board members. As for Burns’ observations, he said: “We vigorously disagree with the judge.”

The track has been managed for the past year by Greg Lubinitsky. Responding to a request for comment, he said in a text message he is now in Israel and no longer represents the track. He provided contact information for a party he said could respond on behalf of the track. However, that person did not respond to an email request for comment.

The lawsuit was filed by 34 area residents who banded together in a group called Friends of Rural Life and alleged that noise and traffic problems created by the track were disrupting their peace of mind.

“The track, its noise and traffic are a serious threat to our property values,” said Dana LaCroix, one of the petitioners. “We’ll be watching the track very carefully next season and we’ll be quick to enforce the court’s order if the racetrack is foolhardy enough to violate it.”

Another involved in bringing the case, Gabby Leach, said, “We are delighted that justice is alive and well in upstate New York and we’re encouraged that we’ve been heard.”

Town officials have said the 2.2-mile oval track at the site of an abandoned airfield has the potential to stimulate economic activity in the region and bring. Harpersfield has no zoning code.

Named as defendants in the lawsuit were the New York Safety Track LLC, Mountain Top Airfield LLC, the Harpersfield Town Board, Planning Board, town clerk and code-enforcement officer.

The facility, which offers instruction for riders ranging from beginners to the experienced, has been open for business less than a year.
 
Really bad news indeed. A bunch of people (myself included) bought into the groupon deal: 2 track days + membership for the year. Waiting to hear what'll happen with that. (really hope they'll be able to sort it out and go on with 2014 season)
 
Did they have a db limit enforced? So track measure db during tech to enforce noise abatement. They will also limit hours of operation.

Sorry to hear about this.

The more I think about this it sound like a bunch of people who are just grumpy to begin with.

“The track, its noise and traffic are a serious threat to our property values,” said Dana LaCroix, one of the petitioners. “We’ll be watching the track very carefully next season and we’ll be quick to enforce the court’s order if the racetrack is foolhardy enough to violate it.”

It's as if she is taunting them.

Is there a fund set up to help the track organizers with legal fees? As it looks to me that one of strategies they are trying is to close them down through legal costs.

Hell, they are suing the town clerk too!

Ooo, I'm pissed now!

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Did they have a db limit enforced? So track measure db during tech to enforce noise abatement.

The key to preserving racing LIMIT THE NOISE !

Personally I'd love listening to the sweet sounds of screaming engines but most people including my wife and dogs dont. :rofl:

I might feel different if I had a house/land to sell close to that track, instant drop in property value for home owners and you probably lose 80% of your prospective buyers.

I'm sensitive to the issue because I just had a hell of a time selling a house because the slob that owned the properties next door and across the street. Took way too long to sell , 90% of prospective buyers mentioned his properties as the problem.

That house would have sold much faster and its cost me in the neighborhood of $60,000 on the sale price............ not to mention months of paying a mortgage, property up keep, taxes and so on.......
.................. excuse me for a second I need to go throw-up. :rofl:

I take issue with people that buy a property close to a track THEN complain ............ but I'd fight like hell if someone tried to open one in my backyard AFTER I purchased the property.

Smaller , upstart tracks really need to tackle the noise issue, test and enforce DB limits if they want to survive.
 
"Initially, track representatives had assured the town that the facility was “not to be open to the public per se,” attendance would be kept to 25 people and the size of motorcycle engines would be limited to 250cc. Later after the lawsuit was filed, agents for the track said those restrictions were not binding, the judge pointed out."


Sounds like they set themselves up for failure with a few false promises :dontknow:
 
Really bad news indeed. A bunch of people (myself included) bought into the groupon deal: 2 track days + membership for the year. Waiting to hear what'll happen with that. (really hope they'll be able to sort it out and go on with 2014 season)

Sorry to hear this Eric. Hope you get to race or at least get a refund this year.
 
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"Initially, track representatives had assured the town that the facility was “not to be open to the public per se,” attendance would be kept to 25 people and the size of motorcycle engines would be limited to 250cc. Later after the lawsuit was filed, agents for the track said those restrictions were not binding, the judge pointed out."


Sounds like they set themselves up for failure with a few false promises :dontknow:

I thought the limits were imposed by the judge not spelled out out in the initial charter. I must have misread it.

Regardless displacement has nothing to do with the level of noise that is generated, as we all know. A TZ250 with race stingers is much louder than an R1.

I have a feeling there more to this story.

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Track to Dump

We had a track here in Calgary, I used to go out for "Friday Night Streets" and had signed up for a race course with my Mini. Then they closed down the track to make room for an expansion of the garbage dump. Good to see the city counselors with a firm grasp on priorities. I wonder how the property values of the acreages near by are doing now?:shaking head:
 
Really bad news indeed. A bunch of people (myself included) bought into the groupon deal: 2 track days + membership for the year. Waiting to hear what'll happen with that. (really hope they'll be able to sort it out and go on with 2014 season)

I remember seeing that deal. I think you'll probably be able to get your money back from Groupon if the merchant can't honor the deal...
 
This is still up in the air. I have some article's that I will post. TPM has pulled all of their dates at NYST. NESBA and Tony's Track days still have events listed. The track itself still has its member days on as well. It does seem like they are still pushing forward.

The track is awesome so I really do hope it works out.
 
After reading everything I could find on the subject. Here is my 2 pennies.

1) there are no zoning law's for that town. In other words local politicians have the final say in what is ok or not.

2) The original plan was underhanded to get initial approval. This plan was a open public meeting which it has to be. This is when some misleading statements such as, "this will be for MSF training", no more than 25 students on bikes no larger than 250 cc and a doozie, the statement which claimed that they would modify the bikes to be quieter than factory.

This got the local residence on board and the plan Ok'ed

3) after the above, track owners and local politicians held a closed door meeting and the current use of the track was approved. This is why the residence are going after the local government. They were not made aware of the change or invited to the meeting. This is why the judge is currently sided with the residence of the area, as the should be they are pissed.

It seems to me it could fall either way. If you look into all the articles related to this you will see that there is more than meets the eye.

I fuckin love that track so I really hope something is worked out. Something that is amicable for both the residence and track users.

BTW they have been it talks with CCS for this up coming year so it also seems they want it to be a legit racetrack as well.

Essential Information | Harpersfield Motorcycle Safety Track
 
I think it's over Johnny. I saw you wrote it could go either way but it seems pretty shitted up to me. What a shame.

Glad we rode it when we did.
 
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