NY Safety Track Final Determination Expected

HARPERSFIELD - Harpersfield Planning Board members have been reviewing the site plan application requesting expansion of land use activities at the New York Safety Track on Zimmerman Road since 2022.

Background

Since the application was submitted, several amendments have been made to the original request. The two-mile-long race track was originally designed for motorcycles. The proposed expansion of use includes increased hours of operation and development of a .7-mile-long mini-track, and the ability to host races and drive cars.

Members of the public in the majority oppose the site plan stating the noise levels are already disturbing. The public is also concerned about increased traffic. 

Delaware County Planning Board members denied or took no action all three times the application came before the board due to it being incomplete.

In March the track owners sued the Harpersfield board, requesting that they close the ongoing public hearing regarding their site plan and make a determination. According to Attorney Allyson Phillips of Young/Sommer, hired by the town, the case will now sit in limbo since the board closed the public hearing on May 8. The board is required by law to make a decision 62 days after the close of the hearing which would be around early July.

Davenport Roads

While the track is entirely located in the town of Harpersfield, Zimmerman Road is located in Davenport. The track has recently requested the town repair the roadway in anticipation of construction for the mini-track. However, Supervisor Tim Kelso said the road was recently repaired in 2019 after the town agreed with the track for payment. The track paid the town roughly $97,000 for road work. 

Superintendent of Highways Fred Utter said if the road was repaired in 2019, there would be a few more years before it is on the schedule again. "The taxpayers don't want me to do this," he said. Utter noted that if the project goes through it will certainly increase traffic and the roadway likely needs repair so soon due to the heavy traffic and equipment that drives on the road. "Right now it's triple the amount of traffic," he said.

"Continuous use of the road like that is going to wear it," said Kelso. Kelso is going to ask the Delaware County Department of Public Works to place a traffic meter along the road to determine what traffic is currently.

Davenport board members think the track will likely pay again for the repairs, however, Kelso said the town should wait to see what Harpersfield decides. Yet, Kelso and Utter both said that the track owners will likely continue with construction regardless of Harpersfield's determination. 

Final Discussions

Harpersfield board members have been holding special meetings to review potential impacts of the request. Most recently the board met on May 16 and 21 where they completed the review process. 

Board members previously requested a comprehensive noise study and a site visit. Track owners asked board members to sign a contract and provide medical history as well as a social security number for a site visit. Phillips advised them not to sign and has since requested an alternative contract with the owners.

The noise expert, hired by the town, recommended the application be denied until a formal noise study was completed. The board agreed that a noise impact study would be difficult to conduct due to the facility operating against permitted regulations. Currently, the track is permitted to operate two to four days a week until 6 p.m. running motorcycles only.

While the noise expert noted that the mini-track, if run simultaneously with the larger track, might not have a sound impact, the board deemed that if it is operated as it is currently the impact would be great.

Phillips pointed out that the facilities calendar has some weeks booked all seven days with activities and events. "It would be arbitrary to deny these facts," said Phillips.

Resolution

The Harpersfield planning board agreed it needed to take into account the town's ability to enforce parameters - including hours of operation. They noted that the facility is already in violation of current parameters.

Board members also agreed that much of the potential impact is difficult to determine without the site visit or noise study. Board Chairperson Dean Darling said there is just not enough information to accurately answer Harpersfield planning review law questions. Despite these concerns, the board did its best to work through the regulations. Questions include information such as if the project is in harmony with town development as specified in the comprehensive plan or if it is detrimental to safety in the area.

The council has asked Phillips to develop a draft decision document that includes board findings. Phillips was unable to comment on what the determination will be but said, "There are some aspects that do not meet town standards."

Darling expects the board to make a final decision at its next regular meeting on May 29 pending Phillips's competition of the document.