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Controversy erupts over go-cart track, campground at Speedway


By Sesame Campbell
Hudson-Catskill Newspapers
Published:
Monday, August 10, 2009 11:59 AM EDT
A new controversy has erupted in the town of New Lebanon surrounding a special permit usage for a go-cart track and camping at Lebanon Valley Speedway. Howard Commander, owner of the Speedway, submitted two different applications to the New Lebanon Zoning Board of Appeals for go-carts and a campground for speedway visitors.

According to Commander, the go-carts would run between five to 20 horse-power engines, not much more noise than “a bumble-bee,” with events for mostly young people.

Some residents see the special permit request as additional noise and traffic for their town. Others, like Dawn and Steve Felter see Commander’s proposed go-cart track as an opportunity of a lifetime for their 11-year-old son, who can not play contact sports like his peers, but who can enjoy riding around in a go-cart.

“He knows more about that track than I do,” Felter said of his son. “We don’t work for the racetrack and we aren’t affiliated with it. But it’s a place were we can afford to take our kids and eat for under $20 a weekend and the kids love it.”


Gary Millett said that although he feels lucky the track is owned by a local man who often responds quickly to the needs of New Lebanon residents, homeowners are the ones who bear the brunt of the tax burden and as such, “any decisions made by the local board should put the needs of the homeowners in the valley first.”

Millett’s wife Kathleen said she was irate that the town would even consider a permit for the go-cart track. “I’ve had enough,” she told ZBA members. “I hope you consider a noise ordinance in this town.”

Dan Lynch, a resident of the town for 25 years, said that he commends Commander for putting muffles on the cars. “Noise can be controlled and tolerated with limits,” he said. “It’s the duration and intensity and frequency of which noise spikes that’s a problem. I would like to know if there will be loud speakers at the go-cart track and would like to know when they would be muffled.”

But the Felters pleaded with board members to consider their son, an 11-year old with only one kidney. “My son is so excited that there will be a track they can do something with,” Dawn Felter said. “If these kids don’t have something they can go to they might do drugs. Howard should get his permit. The kids deserve this.”

ZBA Chairman John Dax said that this is the first public hearing for the go-cart application. Under current zoning laws, a go-cart track is a permitted use by special permit.

“We have the power to address the many concerns raised here,” Dax said. “Noise, hours of operation, safety and the biggest question I have is that we still don’t have all the information we need to authorize this. We have a description of the go-cart track and the physical appearance and location, what we’re missing are the details about the size of the engines, what kinds of events, etc. We’ve asked Mr. Commander to supply as much information as we can put our hands on. If we are left to guess, then we might guess in ways that won’t make him happy.”


Dax said it wasn’t the board’s intention to regulate, but that they wanted to know what the rules of the track are so that they could.

Commander said that he was told that a special permit must be issued if the criteria set by the zoning board were met. “The cars are muffled already,” he said. “We run little dragsters and have been running these at the drag strip for almost 10 years. I’ve never known an accident where children have gotten hurt. I do know that last year, 32 junior high and high school football players died. But from a safety point, if Mr. Felter wants his little boy to go into a drag car for a little fun, so be it.”

As for the campground, Commander said they have had people camping on the grounds of the speedway since 1958. “Now they say that we can’t do it because there is a town law from 1967 that says each campsite needs 1,600 square feet of land to camp on, water sewage and other amenities that the county has permitted and starting this year the town of New Lebanon has a problem with it.”

Dax said that the town adopted a campground ordinance in 1967 and as such, the town has to comply with the state sanitary code. “What happened is that the county health department wasn’t enforcing it to the letter and was giving Mr. Commander a pass for certain things that weren’t being enforced. This year, our code enforcer went to Commander and told him he wasn’t complying. For years the town bought his argument that it was parking and looked the other way. In 2009, that came to an end. Mr. Commander conceded that he needed a special permit and submitted an application.”

Dax added that the go-cart application was submitted last meeting. The board has informed Commander that they will fashion a special permit to everyone’s best interest.

“We can’t just give him a blank check, which is how he’s been operating,” Dax said. “My intent is not to drive him out of business but to put conditions on it that strike a reasonable balance between his interests and the interests of other town members.”



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