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David Nitto rides around a bend on the track last fall at the new motocross track on 149 in Fort Ann.

Post-Star File Photo

FORT ANN — Despite having received approval from the town Planning Board and running for two weekends in October, the new motocross track on Route 149 remains under pressure from neighbors who are opposed to it.

ADK MX owner Jeremy Treadway has also been notified by the town that he has failed to meet two of the 12 conditions the Planning Board based its approval on.

Lindsay Carte, who owns a house near the track, filed an Article 78 complaint against the Fort Ann Planning Board regarding its decision on the track, and it will be heard by a Saratoga County judge.

Article 78 proceedings are brought in front of the New York State Supreme Court to review and challenge the legality of actions and decisions by state or municipal officials or boards.

During and after the board’s approval process, Carte and several other opponents of the track contended its approval would violate the town’s own laws.

In a Sept. 12 decision that followed almost four months of hearings, the Planning Board approved Treadway’s proposal to convert Country Meadows Golf to a motocross track and gave him 12 conditions to meet.

Treadway built a 4,300-foot-long track at the 106-acre former golf course site at 10786 state Route 149.

Late last week, Town Supervisor Richard Moore said the town had informed Treadway of three conditions that had not been met. One of them, providing the results of a sound test performed Oct. 13-15, has been met.

But Moore said the town had yet to receive the engineering details of the required berm, including confirmation the final height is no less than 10 feet in height above the existing grade and written acknowledgement from the state Department of Environmental Conservation relative to the claims of water being drawn from Halfway Brook.

If those conditions are not met, the track will not be able to open in the spring.

Moore said Treadway has also been provided with a copy of the noise monitoring test results conducted by Novus Engineering Oct. 20, some of which showed results above and below the 6-decibel limit required by the Planning Board.

The town is the defendant in the Article 78 proceeding against the Planning Board’s decision to conditionally approve the track.

In a letter to The Post-Star, resident Tom Martinson contended the town is both trying to keep the track open and shut it down.

Moore said that is not the case.

“The town is defending the Planning Board’s decision. The town is not defending Jeremy Treadway,” Moore said, but would not comment further. “Since there is pending litigation, the town will not discuss this case publicly.”

This Article 78 case was originally filed in Washington County, however it has been transferred and assigned to Judge Glen T. Bruening in Saratoga County. The two Washington County judges recused themselves from the case.

You can read Bill Toscano’s blog at poststar.com/blogs or his updates on Twitter, @billtoscano_ps.</&box_em>

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