NYST Sues the Harpersfield Planning Board
In the months leading up to and following the May 2024 denial, Mountaintop Airfield LLC filed two separate lawsuits against the Town of Harpersfield.[1] David Lubinitsky had foreshadowed this sequence at the September 2023 public hearing, when he told the board that a denial would result in a lawsuit and outlined an expected three-phase litigation cost escalating to $450,000 before a settlement was typically reached — a statement the board's attorney characterized on the record as a direct threat.[2]
The first lawsuit, filed March 6, 2024 in Delaware County Supreme Court, demanded the planning board close its public hearing, issue a decision, or provide a court-reviewed explanation for any further delay.[3] This lawsuit was later voluntarily dismissed by NYST after the planning board issued its denial on May 29, 2024.[1]
A second lawsuit was filed after the denial and remained pending as of mid-2024. Harpersfield Supervisor Lisa Driscoll confirmed both suits existed but declined to comment on specifics, citing ongoing litigation.[1]
"The Planning Board's determination remains in full force and effect. The Town of Harpersfield expects all residents and property owners to abide by such determinations and all state and local laws that were adopted to protect the public health, safety and welfare."
The first lawsuit (demanding a decision) was voluntarily withdrawn after the planning board issued its denial. The second lawsuit challenging the denial remained active in Delaware County Supreme Court.[1]
DEC Violations — Construction Without SEQRA Authorization
The original Stormwater Pollution Prevention Plan (SWPPP) permit issued to the track in 2012 covered only initial construction and was terminated when that phase ended. In September 2022, NYST submitted a Notice of Intent to obtain a new SPDES permit for the mini-track project. The DEC authorized stormwater discharges beginning October 6, 2022, subject to conditions — including completion of a SEQRA review.[3]
In December 2022, the Town of Harpersfield informed the DEC that a local SEQRA review was still ongoing. DEC instructed the track owner to stop work and stabilize all disturbed areas.[3] However, on October 21, 2024 — nearly two years later and five months after the planning board's denial — the DEC confirmed that mini-track construction had resumed without completing the required SEQRA review.[1]
- Notice of Violation issued November 16, 2023 — initial unauthorized construction[3]
- Notice of Violation issued January 2, 2025 — resumed construction after denial[1]
- DEC stated it was determining appropriate enforcement action under the Environmental Conservation Law[1]
- Construction violations documented by Harpersfield resident Matt Moyse via FOIL requests[1]
"How they utilize what they've built is up to them. It's the further construction they've included that no one has an eye on."
— Matt Moyse, Harpersfield resident [1]
DOH Violations — Campground, Water Supply, Food Service
The Department of Health issued a letter to track owner Greg Lubinitsky on June 28, 2024 identifying multiple unpermitted activities on the property.[1] The letter noted that online advertising and on-site activities met the state's legal definition of a campground, requiring a permit to operate — no application had ever been filed.[1]
- Unpermitted campground operation — online advertising and on-site RV hookups met the statutory definition[1]
- Unpermitted public water supply — "Do Not Drink" notice ordered[1]
- Inadequate wastewater disposal — licensed engineer plans required[1]
- Unpermitted food service events — mobile food operations observed on-site[1]
- Non-compliance: potential fine of $2,000 per day[1]
A September 27, 2024 water system inspection by DOH Inspector Jordin Mayo identified five violations, including unauthorized well modifications performed by Titan Drilling of Oneonta without prior state review.[1] Specific deficiencies included a prohibited split well cap, a well casing extending only approximately three inches above ground (roughly 15 inches shorter than required), and inadequate surface water diversion.[1] The inspection was halted early when state emergency services ordered the facility to close due to deficiencies in on-site ambulance and medical staffing.[1]
A summary report the following day documented approximately 40–60 patrons, 17 camper RV units, several dozen motorcycles, a mobile food service operation, and a bathhouse on site — despite none of these uses having received the required approvals.[1]
Access Denied — State Inspectors Turned Away
DOH Inspector Victor Delregno was refused entry to the property by a staff member identified as Carlos Garcia, who stated all communications must go through the owners and that inspectors could not enter without signing a waiver. DOH declined to sign the waiver, citing its statutory right to inspect regulated facilities.[1]
Closure placards previously posted by DOH were later found to have been removed without authorization, adding additional violations to the record.[1] The on-site manager Carlos Garcia's social media accounts were reviewed by reporters and found to show at least one on-site trailer being used for overnight lodging and another listed for sale while parked at the track — contradicting prior owner representations that trailers were used only for equipment storage.[1]
State Health Department Levies $46,400 Fine
In October 2025, the New York State Department of Health finalized a $46,400 penalty against the operators of New York Safety Track LLC through an administrative stipulation.[4] The records were obtained through a FOIL request and reported by The Reporter (Catskills Today).[4]
Violations consolidated in the settlement:[4]
- Operating an unpermitted campground
- Use of an unapproved public water supply
- Discharge of inadequately treated wastewater
- Denying state inspectors access to the property on multiple occasions
Conditions of the settlement included:[4]
- Payment of the full $46,400 penalty
- Retain licensed engineers to evaluate and redesign water and wastewater systems
- Submit water testing results for state approval before resuming water use
- Comply with any outstanding boil-water or do-not-drink orders
- Secure all required permits for campground operation before reopening
- Failure to meet conditions could trigger immediate closure proceedings
New York State Department of Health administrative stipulation against New York Safety Track LLC.[4] Concurrent DEC enforcement actions regarding unpermitted construction activity under the Environmental Conservation Law remained ongoing as of this writing.[1]
Citations
- The Reporter / Catskills Today. Harpersfield: Safety Track Expansion Denied (2024); Unpermitted Expansion? (2024); Harpersfield: Race Track Continues Operation/Construction Without Permit (2025). DOH and DEC inspection records, filed lawsuits, and Supervisor Driscoll's statements reported here. DOH and DEC records obtained via FOIL requests.
- Town of Harpersfield Planning Board, Public Hearing Minutes, September 27, 2023. On-record threat by David Lubinitsky and response by Attorney Allyson Phillips. Available via Town of Harpersfield website.
- Draft Resolution Denying Application for Site Plan Amendment — Application of Mountaintop Airfield, LLC, Harpersfield Planning Board, May 29, 2024. Documents DEC permit timeline, SPDES authorization, December 2022 stop-work order, and DEC notices of violation. Available via Town of Harpersfield: download_file/239/198.
- The Reporter / Catskills Today. After Years of Warnings, State Health Officials Fine Harpersfield Racetrack $46,400 (2025). DOH administrative stipulation records obtained via Freedom of Information Law request.
What Followed
Following the $46,400 fine, Mountaintop Airfield LLC returned to the Harpersfield Planning Board in April 2026 with a new site plan amendment application — this time seeking approval specifically for a campground. The application's own language describes its purpose as "to regularize the existing campground," implicitly conceding it has been operating one without authorization. That proceeding is covered in the Campground Application chapter.