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"Neighbors at odds over Motocross"

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Posted by: mischi_punk

http://www.journalstar.com/articles...0c444114166.txt
Two families with land off West Branched Oak Road found their ideas about recreation completely at odds this week. Standing on his new motocross track, Pat Thomas sighed in disgust at hearing of neighbors complaints and tried not to curse in front of his nephews, who were jumping their bikes nearby.

It’s his dream, Thomas said, to build a place where he can ride with his family. His new track one mile north of James Arthur Vineyards was built “just for the little guys.”

But from their home less than 200 yards away, Gene and Trish Petersen spent the past week calling officials they hope will put an end to the track.

And Trish Petersen’s jaw was equally clenched as she spoke of her love of the quiet rural life.

“This is our dream home,” she said. “We put our blood, sweat and tears into it. This is something my husband wanted his whole life."

The noise carries across the section, said the Petersens and other neighbors. “It’s unbelievable,” Trish Petersen said. “You just can’t be outside. You can’t have your windows open.”

And the dispute has made both parties wonder if this might be “another Denton” — in the exact words of the Petersens and Thomas.

Last April, Lancaster County District Judge Steven Burns ruled that Dr. David Samani could keep a motocross track near Denton as long as only family and friends used the site.

It’s a ruling that the Petersens fear could keep the track in place. It’s a ruling that has Thomas worried about how much money he might spend defending his track.

“Agricultural zoning laws are not real specific and they do not prohibit this kind of thing,” said Gene Petersen. “What is different about this is the quantity of their activity and the proximity to our house.”

The Petersens say they spend 90 percent of their free time outside on their 22 acres. The couple and three children from prior marriages care for horses and a flock of chicken, ducks, and two peacocks.

They also belong to Wachiska Audubon and encourage wildlife by planting native grasses and food-bearing trees.

“This could happen to anybody,” Trish Petersen said. “If there is a piece of property for sale in your neighborhood, watch out. The people in Lancaster County need to wake up and realize we have very little to protect us.”

The Petersens said the noise continues all day on the weekends.

“This is not agricultural. It’s clear he specifically purchased this place for recreation,” Gene Petersen said.

County commissioner Larry Hudkins said Thomas was probably not doing anything illegal, despite the agricultural zoning.

“If he’s the owner and he wants to ride his own vehicles with his friends and family, if he has more than 20 acres and is not using it for commercial use,” he said. “To my knowledge, they are not breaking any laws.”

Mike Merwick, director of the City of Lincoln Department of Building and Safety, said he will visit the site this week. He declined to say what could happen if he finds the track to be noncompliant with zoning.

“The court has said that tracks used for family and friends are permissable,” Merwick said. “I don’t know if that is case law, but that is what the judge said.”

About 13 homes are on the section where the track is located, said other neighbors who also complained when they were contacted.

“It’s pretty noisy even across the fields,” said James Unverferth, who lives to the southwest of the track. “We can hear it real well.”

He was concerned property values could drop, especially for homes close to the site.

“You move out to the country with this expectation of peace and quiet and enjoying nature,” he said. “But instead it seems like if you move out into the county, you can do whatever you want.”

The track isn’t a problem for John Judds, who is selling Thomas about 54 acres of land along with the track area. Most lies in a floodplain. The land was being leased by a Ceresco farmer for use as a cornfield.

“I’m not going to tell my neighbors how to live their life,” Judds said. “It’s a family that likes to have fun together. I say more power to them.”

The track covers at least an acre and has raised berms and jumps. Thomas also runs ATVs and motocross bikes along a path running beside a creek.

But he maintains that he built the track for his family, especially nephews Thomas, 6; Charlie, 4; and Joe, who is only 2 but already rides on his father Larry Iburg’s lap.

“We’re out here anytime I can,” Larry Iburg said. “This is our sport. You have a love for it and a passion for it and if you have a little boy, that’s all he thinks about.”

Thomas and the Petersens both said their years of hard work to buy their property have resulted in nothing but headaches for the past month.

“We are very depressed. This is very intrusive into our lives,” said Gene Petersen. “If we can’t do anything, I don’t know how much longer we can stay here.”

Thomas said he considered the complaints to be harassment.

“It’s just a disaster,” he said. “I will not put up with this much longer.”

Reach Kendra Waltke at (402) 473-7303 or kwaltke@journalstar.com.


Posted by: wanaride

Seems to me that this article has a definite anti-dirtbike bias.


Posted by: trakkerman

I wonder how costly and effective those noise barriers are that are contructed along highways. I wonder if this would be a viable option. Just not sure how it should be funded.

I wish I could move out of the city, into a rural setting then complain about how my neighbors always outside doing who knows what and being so quiet. I mean what gives them the right to plant a garden and sit in lounge chairs, sipping lemonade, so close to my property. And their kids are always running around the yard like little heathens, makes my skin crawl.


Posted by: BSWIFT

Unfortunately for dirtriders, this type of conflict and reporting will continue until everyone pushes the AMA, the manufacturers, and their buddies to have quieter exhausts. Loud does not equal more power, just more complaints. I don't think this family has done anything wrong but the reality of complaints due to noise is all to prevelant. I hope they can reach an amicable solution.


Posted by: robwbright

I just did some legal research for a local track that was totally shut down. The judge's order stated that only 5 family members could ride motor vehicles on the property - and only for two evenings a week. The order prevented two of the family children from riding. The track is definitely in a very rural area.

In the research, it appears that the order is unnecessarily overbroad. They are appealing and they may actually win the appeal and get to open the track. However, the case law here in Ohio is not very friendly to dirt bikes.

As some of you would agree, the 4 stroke MX bikes have made this worse because the sound carries further.

My closest local track has the solution to the noise pollution problem:

Bribe the Government

Actually, it's not a bribe, but accomplishes the same thing. The track is built at the local county fairgrounds and there are 20 houses within 1000 yards of the track. The track holds a race every two weeks and a practice every two weeks. They also dovetail the biggest race of the year with the county fair in August - they get almost twice as many entries at that race, and the stands are completely full.

One fellow in particular has complained so much that he got two hearings before the county commission. I know two of the commissioners, and many of us wrote letters to the commission.

The track is staying open with no restrictions. I'm sure the letters helped, but I was recently talking with the commissioner of the track - who works for the fairgrounds.

He stated that the track had made $20,000.00 for the county fair last year - and that as long as the county is making money, the track will stay open.

I would recommend that anyone who is building a track either:

A: Build it in the middle of nowhere with no neighbors; OR

B: Work within the government to come up with an arrangement like the above fairgrounds situation.

Money talks. Period. If you don't have any pull with the government, then you're probably going to lose if court if anyone complains. Sad but true.


Posted by: ellandoh

they want to farm on their property in silence, he wants to ride on his without smelling horse apples.

EVEN TRADE

my parents have a home with some acreage, zoned and taxed agricultural, one set of neighbors had their cattle removed after they found out the farming rights were no longer grandfathered in as the property changed hands.


Posted by: Chili

Quote:
Originally Posted by mischi_punk
http://www.journalstar.com/articles...0c444114166.txt

But from their home less than 200 yards away, Gene and Trish Petersen spent the past week calling officials they hope will put an end to the track.

And Trish Petersen’s jaw was equally clenched as she spoke of her love of the quiet rural life.


Now obviously I ride and would want to ride on my property if I had enough land for a track. But I can't imagine I would build a track less than 200 yards from a neighbors home and expect no issues from them unless they rode the track as well. Hell I wouldn't want my track 200 yards or less from my own home.


Posted by: Reesknight

Quote:
Originally Posted by Chili
Now obviously I ride and would want to ride on my property if I had enough land for a track. But I can't imagine I would build a track less than 200 yards from a neighbors home and expect no issues from them unless they rode the track as well. Hell I wouldn't want my track 200 yards or less from my own home.

Ditto. It would be different if the track was there FIRST then the neighbors.


Posted by: Snook

I agree, we need to do something about how loud the bikes are, but werent these people in an "agricultural area." I bet they would **** if they heard a john deere 9650 harvesting in their agricultural area. Next thing you know they will be targeting farmers to make tractors and combines quieter. Reminds me of the lady who tried to sue a farmer i worked for when we cut a wheat field and she got dirt in her pool. People need to remember just because you live in the country doesnt mean you still wont get a little dirty or have to put up with a little noise.


Posted by: bigol3

Quote:
Originally Posted by BSWIFT
Unfortunately for dirtriders, this type of conflict and reporting will continue until everyone pushes the AMA, the manufacturers, and their buddies to have quieter exhausts. Loud does not equal more power, just more complaints. I don't think this family has done anything wrong but the reality of complaints due to noise is all to prevelant. I hope they can reach an amicable solution.


Just how loud do you think the exhaust would be on those small bikes being ridden by kids....6, 4, and 2 yoa? I bet it is no where near as loud as an IH 1466 tractor, pulling a 20' disc.

It is just whinning azz people that have nothing better to do. They move from the city to the country, then start wanting all those city zoning laws to apply. If they liked all the regulations they had in the city....they should have stayed there.

BTW, I have a 'chip mill' a 1/4 mile from my house. It was built AFTER I moved here. It is at least 10 X's louder than the worst MX starting line, and runs 5-6 days a week. I would not think of making a compliant about it.....there are no zoning regulations here....thankfully.



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