Court Rules Supervisor Jim Eisel’s Board Violated Open Meetings Law. Motorcycle Track Found in Violation of Town Site Plan Law

Below is a recording of the noise from the track, generated by the illegal racing activities that the NY Safety Track engaged in last season. The recording was taken approximately a half-mile away from the track. Many residents live as close as 1500 feet from the track, or less.



On Jan. 15, 2014, Supreme Court Justice, Brian D. Burns, ruled that the NY Safety Track is limited to the activities described in the site plan approval submitted by the track. (Road safety training only, using 250cc modified motorcycles, 10 – 20 participants per week maximum)

The Court awarded attorney’s fees to the Petitioners after finding that Harpersfield Supervisor, Jim Eisel Sr.’s Planning Board violated Open Meetings Law on three separate occasions.

Supervisor Eisel’s board has announced that it will appeal the decision.

IMPORTANT TOWN MEETING DECEMBER 10th. Racetrack Landowners Have Brought Legal Action Against Your Town and School District

Taxpayers in Davenport and Harpersfield, NY, are encouraged to attend a meeting at Harpersfield Town HallTuesday December 10th, 2013,  7:15 pm, at which Supervisor, Jim Eisel, and members of the Harpersfield Town Board will vote whether or not to lower the tax assessment for the racetrack landowners by 50%.

Decisions regarding the racetrack landowners tax issue will affect tax-payers in the town of Harpersfield and the school district of Charlotte Valley (Davenport tax-payers).

According to an open letter from Davenport Town Supervisor, Dennis Valente, Dated November 14th, 2013, NY Safety Track has reneged on their agreement to mitigate the impact their operation has had on Parker Schoolhouse Rd., Monies promised to the town for road repairs (which, according to the agreement, were to be paid in mid-July) have not be submitted.

Please attend this important meeting at Harpersfield Town Hall, Tues. Dec. 10th at 7:30 pm. at HARPERSFIELD TOWN HALL - 25399 New York 23, Harpersfield, NY 13786
(607) 652-5060.

Planning Board Meeting Wed. Oct 30th 2013

Please join us at the Harpersfield Planning Board Meeting Wed. Oct. 30, 2013 at 7:30 pm. (Harpersfield Town Hall –  25399 New York 23, Harpersfield, NY 13786 (607) 652-5060). The Board will discuss whether the ‘safety’ track, as described by Supervisor Jim Eisel and Planning Board Chairman, Dean Darling, should be permitted to continue activities, such as are captured in the video below, under the heading of ‘safety training’, with no environmental impact study, no noise modification on the bikes, and no limitations placed on # of participants, size of bikes, or speed limits. This meeting is open to the public.

Supervisor Jim Eisel: ” “the Town will enforce the Site Plan Review.The Site Plan  is only for a training track, not for racing, motorcycles or cars on the track.

Track Manager Greg Lubinitsky:  “There is no racing allowed, and anyone who is racing will be ejected from the premises,” Lubinitsky said. (Daily Star, May 24, 2013) 

What is actually happening at the safety track with the full knowledge of Jim Eisel and the Harpersfield Town and Planning Boards: 

RACING EVENTS AT NYST

Please visit the video links, below to see activity at the New York Safety Track (NYST) described in the project’s site plan application as road “safety training by the Motorcycle Safety Foundation…using 250cc motorcycles supplied by the organization“, and accepted by Supervisor Jim Eisel as such: Track manager, Gregory Lubinitsky, has stated repeated and publicly that anyone caught racing at the facility would be ejected. 

  1. A video of cars racing at NYST on May 5, 2013, showing speeds up to 100 mph and car drivers wearing helmets can be viewed at http://www.youtube.com/watch?v=-F4aS6fNR-E and http://www.youtube.com/watch?v=wZDO0Jq9cL4.
  2.  A video (entitled “Motorcycle Roadracer”) of a 1000 cc motorcycle racing at NYST May 19th, 2013 can be viewed at http://www.youtube.com/watch?v=KmsFiM0hOds. A video of motorcycles racing at NYST on May 18th, 2013, breaking 200 kph (ca. 130 miles per hour) can be viewed at http://www.youtube.com/watch?v=k_qSQL9Jb00.
  3. A video of motorcycles racing at NYST on Memorial Day, May 27, 2013, can be viewed at http://www.youtube.com/watch?v=JfmrODqhBfc
  4. A video of motorcycles racing at NYST on June 16th, 2013 (caption: “…chasing down the Aprilia racing gang”) can be viewed at http://www.youtube.com/watch?v=GktK6YL4OzY.
  5. Formula Race Car Club, which hosted the event at NYST on June 22nd and June 23rd, 2013, claims to be a racing organization according to its website at http://www.formularacecarclubofamerica.com/. The club event held on June 22nd and 23rd used cars unlicensed for the road, which is a violation of the Memorandum of Understanding between the Town of Harpersfield and NYST adopted in May, 2013. No action was taken by the town despite these violations.

Races Scheduled at NY Safety Track, despite Eisel’s promises

Visit the Formula Race Car Club of America website to see the  ’2013 Race Schedule”, listing NY Safety Track - the facility that supervisor Jim Eisel publicly stated was “Not For Racing” - as a 2013 race venue. Track manager, Gregory Lubinitsky has stated publicly that anyone caught racing at the facility would be ejected. To witness the upcoming June races from a neighboring property, please contact us at 607-437-0158.

Formula Race Car Club Of America
 - June 22 & June 23

Harpersfield Supervisor, Jim Eisel Stated:

At a public meeting on Nov. 12th, 2012, Harpersfield Supervisor Jim Eisel, Sr., informed group of the concerned residents: “the Town will enforce the Site Plan Review. The Site Plan  is only for a training track, not for racing, motorcycles or cars on the track.” At the same meeting Supervisor Eisel asked his constituents the following question: “How many times to I have to tell you people, there will be no racing and no cars??”

The very first event held at the NY Safety Track on May 4 and 5, 2013, was a car racing event featuring exclusively – cars (see ‘Driving Force Club’ or ‘NYST’ on facebook) Complaints have been filed with Code Enforcer and the town Sheriff. No action has been taken by the town to enforce the Site Plan Review Law.

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Events Planned for 2013

New York Safety Track has been approved by the Harpersfield Planning Board to to offer motorcycle safety training “solely to give the rider a feel (what) they can expect on the roads.”
NYST has contracted with 
North Eastern Sports Bike Association (NESBA) and TEAM PROMOTION. NESBA and TEAM-PROMOTION activities do not fall under “solely… (what) the rider… can expect on the roads.”

racing photo 1

NESBA and TEAM PRO-MOTION activities at NYST (scheduled for 5/11, 5/12/ 5/31, 6/1, 6/15, 6/16, etc…Source NYSafetyTrack.com) will be a clear violation of the site plan parameters.

http://www.nesba.com/typical-track-day/
“A Typical Track Day With NESBA  - Is Far From “Typical”
This is what you can expect at a motorcycle track day with NESBA, where you’ll tear up the racetrack with fellow sportbike addicts, elevate your skill and have the time of your life doing it:”

http://www.nesba.com/riding-classifications/
Description of advanced classes: “This group has very little supervision….This group is run much like an open racing practice.”

http://www.teampromotion.com/school-programs/art-race:
Certification School will provide a student who follows the general guidelines and shows proper acknowledgement of the material being presented with certification to purchase a CCS license upon completing and passing the course. CCS rules and regulations along with procedures, flags, safety along with riding and racing strategy will be covered. Motorcycle preparation, basic suspension and geometry theory and overall racing mentality, will complete this course.

CCS stands for: Champion Cup Series Motorcycle Road Racing (www.ccsracing.us)

Team-Pro Club President Glen Goldman raced motorcycles starting at age seven.  Over 40 wins and a Championship in CCS, Glen went on to race FUSA and select AMA rounds.  Glen was chosen to race by Team Fast By Ferracci aboard the Ducati 748.  GP Moto was created to help riders Get Started Racing. Race GP Moto Cup during select track days and you too could go on to having your own racing career.

To obtain ARS Active Racer Support and GPMoto License you will need the following: A 2012 or 2013 GPMoto …or Regionally Recognized Racing License

A New Racer ART RACE school certificate.  Schools held at all GPMoto (GP means ‘go pro’) events (recognized by CCS)

GPMoto Racing and Black Expert Run Group
GPMoto will now feature an additional Elite class.  GPMoto will remain a two race per event series.

GPMoto Cup and Elite classes will be running two wave starts. Prizes will be awarded for all four events with grand champion prizes given at end of season. All participants of GPMoto Cup and GPMoto Elite will race any machine deemed safe by the tech inspector who has final say.