KINGFIELD – Bill Houston addressed the Appeals Board, representatives of Jordan Lumber and approximately 55 Kingfield residents Monday night about a zoning and noise dispute with the Kingfield-based lumber company.
The company operates a go-cart track on Tuft’s Pond Road, which some residents have said is being illegally operated as a commercial racetrack.
“This is a problem, this is noise, this is happening seven days a week,” said Houston, whose home abuts the track.
Lumber company representative Les Jordan said that since the track doesn’t make a profit, it is not being used commercially.
Last spring, some property owners abutting the track, including Houston, complained to the town Planning Board and to the Board of Selectmen about the noise.
Jordan Lumber was issued a conditional-use permit by the Planning Board in 1997, permitting, “a small, private, recreational facility,” on the property, according to a letter to the Board of Appeals by Planning Board member Betty Ann Listowich.
After complaints were filed, the Planning Board issued a decision requiring a new site plan review, citing the noise complaints as well as asserting the property was now being used commercially.
Jordan Lumber contacted an attorney and brought the issue to the Appeals Board on Monday, saying that track is not used commercially, and therefore the company isn’t violating its conditional-use permit.
Appeals Board Chair John Goldfrank said the issue to be decided by his board was the exact meaning of the word “commercial” in town legislation.
Houston said that the town’s definition of “commercial use” hinges on whether the services are offered at a price. He said advertisements in the Irregular newspaper specifying the prices of attending racetrack events are proof that the Jordans’ operation is commercial.
Residents on both sides were present at the hearing.
Some said the track provides an outlet for many Kingfield youths and thus is an important part the community.
Abutters of the Jordan property said “steps can be taken,” to diminish the noise levels coming from the track, and that if the company is required to obtain a permit to use the land commercially, Planning Board members could enforce those steps.
Listowich, who lives within earshot of the track, stated in her letter that, “I feel that in my ignorance, I failed to safeguard the needs of my community. The needs of the few are being placed above the rights of the peaceful existence of many.”
The Board of Appeals has scheduled a work session for 6:30 p.m. Wednesday, Sept. 21. It will be open to the public, but no discussion will be permitted.
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