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KINGFIELD – The Appeals Board voted 2-1 Wednesday to uphold a notice that Jordan Lumber Co. was operating a commercial racetrack without a permit.

A group of Kingfield residents, primarily made up of abutters to the facility, said the go-cart track was commercial because operators charged spectator fees and advertised events in the local newspaper. Jordan family members, however, argued that because they do not profit from the track, it cannot be classified as a commercial operation.

Code Enforcement Office Doug Marble investigated the matter and presented the Jordan family with a notice of violation, requiring operators to get a new site plan review from the Planning Board.

The Jordan family appealed Marble’s decision Sept. 12.

The Appeals Board’s decision came at an unpublicized workshop session.

Board member Bill Houston said some community members told him they “didn’t expect (the Appeals Board) to vote” at the meeting. Nevertheless, approximately 10 community members attended Wednesday’s meeting, and Kingfield-based Jordan Lumber owner Jonathan Jordan said the family was expecting a vote that evening.

Appeals Board Chairman John Goldfrank said that while discussing the matter during Wednesday’s workshop, board members learned that the document they had been referring to as “the original complaint” was actually just a letter written to the Jordan family by Marble, alerting them of a possible violation.

“The board did not have the full official notice of violation; all we did have was the CEO’s letter saying that (the Jordans) may be in violation,” Goldfrank said.

He added that board members read the actual notice of violation prior to voting, and said the misunderstanding did not alter the board’s findings. “We always knew what the issue was,” he said.

“The sad thing is, is that there are people out there that still want to keep (the track) going,” Goldfrank noted. He added that the board’s ruling may not spell the end for the Jordan racetrack.

“The Jordan family have options. They don’t have to accept the ruling. And they’re still allowed to run 30 cars at a time from 9 a.m. until 8 p.m.; they’ll just have to do it differently.”

Jonathan Jordan said the family has not decided whether to pursue the matter further. “We’re going to evaluate our options and go from there,” he said.

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