LISBON – Ron Poulin and some of his neighbors in the Salmon Brook-Moody Road area are looking for support for a citizen petition drive to get the town to enact a noise ordinance.
The idea for a noise ordinance came after they complained to the town’s codes enforcement office about what they say is excessive noise coming from racing dirtbikes on the Longchamps property off Lisbon Street in Lisbon Village. They contended that the track was in violation of the town land use ordinance enacted in 1974.
However, following an investigation by the codes officer and testimony from users and other data it was been determined by the town that the track, although a non-conforming use in that district, is “grandfathered.”
The codes office concluded that there seemed to be little controversy about the use of the track – that it is primarily used for motorbikes from May through December and occasional use by three and four-wheelers and snowmobiles, but is primarily a track for motorbikes, “the track never has been, nor is it now, a commercial enterprise.” The report notes that although some abutters indicated the noise level has increased dramatically, no evidence was presented that there was any substantial difference in the nature or use of the track.
A review of aerial photographs of the area indicated it was “also clear that the track as originally established in 1974 has not expanded or materially changed.” It was also determined that it has been continuously used since 1974 and the use had not been discontinued for a year or more since that time.
Taking this into consideration, the codes office concluded the use of the track was a “legally non-conforming status and may continue,” but only as it was being used in 1974.
The issue of noise level generated by the use was not addressed, as the town has no noise ordinance. Abutters were told they could appeal the decision by going before the Zoning Board of Appeals. An appeal has been filed and is expected to be held in mid-April, a codes office spokesman confirmed.
The owners of the 120-plus-acre parcel, Longchamps Realty, said the track is private and not open to the public and is used only by family, friends and invitees. Tony Longchamps stressed that he and his neighbors are not feuding over the issue.
Poulin says his group is taking a two-pronged approach: they are appealing the decision, but will also spearhead a petition drive to enact a noise ordinance.
Although the petition process can not be completed in time for the annual town meeting in May, it can be taken to a special town meeting later in the year, said Town Manager Curtis Lunt, who has provided the group with copies of other communities noise ordinances for reference.
Poulin is also seeking help from the Community Policing Group, which is studying his proposal. He says many municipalities such as Brunswick, Lewiston, Rockland, York, Buxton and other communities have noise control ordinances. A long-time resident of the area, he contends the track has not been used every year, and that an ordinance would be for the betterment of Lisbon. Any resident interested in the town having a noise control ordinance or who would like to help may contact Poulin at 353-9372.
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