Background, Origins & Site Plan Misrepresentation

Background & Origins

The track's origins lie in the shared passion of Greg Lubinitsky and his father, David. David spent nearly a decade searching for a suitable upstate New York location that could support a racetrack venture in terms of zoning and noise regulations.^[1]

In 2011, he purchased the 150-acre former Mountain Top Airport property at 396 Zimmerman Road, Harpersfield — including a log house, a hangar, and a registered grass runway — through Mountain Top Airfield, LLC (MTA), jointly owned with his wife Eugenia, for $550,000.^[1] He then invested an additional $3,000,000 in the spring and summer of 2012 to construct the 2.1-mile paved racetrack, renovate the hangar, and install bathrooms and supporting infrastructure.^[1] MTA was conceived as David and Eugenia's retirement property.

In exchange for Gregory overseeing construction coordination, liaising with engineers and town officials, and subsequently managing day-to-day operations, David offered him a 50% stake in a new operating entity — New York Safety Track, LLC (NYST).^[1] NYST was formed to run motorcycle and car events at the facility, while MTA retained ownership of the land. Profits were split 50/50 at the end of each season, with David's share paid to MTA as rent by NYST. Greg's mother Eugenia served as NYST's bookkeeper throughout.

• Property purchased October 2011 under the entity Mountaintop Airfield LLC for $550,000^[1]
• Former Mountain Top Airport — retains a functioning airstrip and hangar (see the Aircraft chapter)
• Additional $3,000,000 invested in 2012 for track construction and infrastructure^[1]
• Final circuit: 2.1–2.2 miles, 18 turns, 40 feet wide, approximately 450 feet of elevation change^[3]
• Greg Lubinitsky listed as track manager; David Lubinitsky co-owner and investor^[1]
• NYST LLC formed as a 50/50 partnership between Greg and David; no written Operating Agreement was ever executed^[1]

The seeds of future legal conflict were planted in how the project was initially presented to the Town of Harpersfield — a presentation that opponents would later argue materially misrepresented the facility's true intended use.^[4]

Site Plan Misrepresentation & Approval Controversy

When NYST's operators sought planning board approval, the project was described as a motorcycle safety training facility affiliated with the Motorcycle Safety Foundation (MSF) — a nationally recognized nonprofit. The agent for the owners stated in June 2011 that the MSF was interested in purchasing the property to build a motorcycle safety training track.^[4]

However, in July 2012, the Motorcycle Safety Foundation publicly stated it had no connection whatsoever to the project.^[3] Despite this, the track's name — "New York Safety Track" — and its positioning as a training facility continued to be used to secure approvals. A notarized letter submitted to the planning board referenced "MSF Track subdivision," further reinforcing the safety-training framing.^[4]

Opponents documented that within weeks of opening in May–June 2013, cars were racing at speeds up to 100 mph, motorcycles were exceeding 200 kph, and a Formula Race Car Club event was scheduled at the facility — a club that listed NYST on its 2013 race schedule.^[3] This directly contradicted the site plan and repeated public assurances from Greg Lubinitsky that racing would not be permitted and violators would be ejected.

What the 2011 Approval Permitted^[4]

• Motorcycle safety training only — no racing
• No automobiles on the track
• Maximum 10–25 participants at a time
• Three days per week, daylight hours only
• No overnight camping or accommodations
• No shooting range (none disclosed to the planning board)

What Opponents Alleged Was Actually Occurring^[3]

• Cars racing at up to 100 mph within weeks of opening in 2013
• Motorcycles documented exceeding 200 kph (approximately 124 mph)
• Formula Race Car Club events — using unlicensed racing vehicles
• More than the approved number of participants on track simultaneously
• Operation beyond approved days and hours
• A shooting range and gun/ammunition sales advertised on the website — never disclosed in any application

The Code Enforcement Officer issued written determinations in 2012 and 2013 confirming the scope of the approved use and noting that racing and automobile use would require new site plan approval.^[4] A third determination in May 2014 reiterated these limits.^[4] The tension between what was approved and what was allegedly occurring formed the backdrop for every subsequent legal dispute.