FORT ANN — A new site plan application for the ADK MX Racetrack on Route 149 was approved Monday night by the town Planning Board, but not before the applicant backed up and persuaded the chairman to change his vote.

In the first time around on Monday night, Jeremy Treadway, owner of the motocross track, had his proposal denied.

His modified plan included hours of operation being extended, using new testing methodology for noise, revising the length and width of the dirt track and allowing ATVs and UTVs (utility task vehicles) on the track.

The original application, which was approved in 2016, also stated fueling stations be prohibited at the track, though cans of gasoline could be sold.

Town Planning Board Chairman Don Bedeaux voted down the application because of the extended hours and fuel stipulations.

The vote was 3-2, and Treadway needed 4 yes votes.

“I don’t agree with the fuel and I don’t agree with changing the hours ... Everything else I don’t have a problem with,” Bedeaux stated firmly.

At the same time as the application was voted down, board member Richard Winchell, who also voted the application down, made a motion to table the item. That motion didn’t have a second so it didn’t carry.

Treadway retracted his requests for extended hours and selling fuel at the track and told the chairman he’d compromise if it meant passing his application.

Treadway was aiming to have his track open until 7:30 p.m., or dusk, but instead the times were approved as they were in his original application, plus being open on a Monday in case of weather cancellations and on federal holidays.

Treadway also noted that he wasn’t concerned about selling gas at his track, but sometimes visiting vendors at races sell fuel.

“If those are the two conditions, then we’ll work with that. We’ll do it,” Treadway said.

The application was passed 4-1.

“I think any time that any business goes in front of any town, there always has to be compromises, and I am completely fine with what we decided on,” Treadway said.

“Now we still have to fight the court system,” he added.

Lawyer Claudia Braymer, who represents six residents who have filed legal action against Treadway, sat front-row at the meeting with some of her clients.

Braymer said she was disappointed that the board approved the changes and she and her clients plan on challenging the board’s latest approval. She didn’t specify on how they’d challenge the Planning Board.

The residents she represents filed a preliminary injunction on Nov. 27 to prevent the Planning Board from granting a new site approval plan for the motocross track. But on Jan. 3, the judge adjourned the case to see what action the Planning Board would take first.

Because the site plan was approved, the track will be open 9 a.m. to 6 p.m. Thursday through Saturday, and Sunday from 10 a.m. to 6 p.m.

The width and length of the 4,300-foot dirt track is not as cut and dry as it was originally, Treadway explained. Because the track is always changing due to bikes being on it and dirt being kicked up, the board granted the track to stay within a certain parameter that was outlined on a map.

“It will allow for turns to be wider so it’s safer,” Treadway explained.

His motocross track will also now follow current American Motorcyclist Association standards, including for noise standards, which is 94 decibels.

Comparatively, that’s equivalent to a power lawn mower.

Another amendment made was that instead of supplying sound readings weekly, they will now be done upon request.

“It’s nice to finally be on the same standard as every other track,” Treadway said. “It will allow us to keep moving forward.”

The track will open on April 1 and operate until Oct. 31, which is two weeks longer than last year.

You can reach Callie Ginter at 742-3238 or cginter@poststar.com. Follow her on Twitter @ callieginter_ps

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