3 min read

LIVERMORE – Three appeals were filed with the town asking the appeals board to overturn the Planning Board’s final approval of the site plan for the Barnyard All-Terrain Park.

The Board of Appeals will hear the appeals at 1 p.m., Wednesday, March 14, at the town office. The board will hear the appeals together but will need to issue three decisions, selectmen’s Administrative Assistant Kurt Schaub said.

Joan Walton from the Androscoggin Valley Council of Governments has agreed to facilitate the hearing.

David Lovewell and his family received temporary approval for the all-terrain park on Boothby Road/Route 108 in South Livermore last May and final approval in December.

The park is on 55 acres of the Lovewells’ property and was proposed to be used for mud runs, sand runs, ice runs, deep-pit runs, 4-by-4 events and off-road events.

The Planning Board’s final decision granted approval without limitation as to the number of events to be held, no prohibition on winter events, and no explicit expiration except as provided in the town’s amended site plan ordinance.

Lovewell also approached the Planning Board in February to discuss revising his original plan to grant temporary camping for participants in the events. Some travel from out of state. There are seven events scheduled for the 2007 season, and they’d like to offer overnight camping at six of them.

Lovewell has been dealing with the state on the temporary permit for campers and is not looking to become a licensed campground.

All three people appealing the board’s final decision on the park – Robert Boothby and David Damon, both of Livermore, and David Andrews/Doubleblack Diamond LLC of Paris – believe the Planning Board’s approval goes against the town’s site plan review ordinance, specifically section 1. That section includes “minimizing the adverse impacts on adjacent properties; and fitting the project harmoniously into the fabric of the community.”

Boothby stated in his appeal that “Livermore can be described as a rural and residential town which is very tranquil. Open space and farm land mixed with vast areas of wooded forest. There is little to no business located in the town with the exception of some convenience stores, a hardware store, a few dairy farms, apple orchards and the Norlands Living History Center.”

“The mud run (is) in total contradiction to the above mentioned description of the fabric of Livermore. There are large crowds of people and a general rowdy nature to the events,” Boothby stated.

Damon, a direct abutter to the all-terrain park, also stated the board failed to fulfill the intent of the ordinance in regards to submission requirements of proposed development activity, proposed landscaping and buffering and not making use of technical review. He stated that he requested a buffer and Lovewell did not create one, though a buffer berm was created for another adjacent property.

Damon asked the appeals board to void the decision and send the application back to the Planning Board to objectively apply the ordinance to equally protect all parties directly concerned.

Andrews, who has a subdivision in the area, stated in his appeal that allowing unlimited events fails to meet the stated purpose of the ordinance and would be contrary to public interest and intent of the ordinance and will result in undue hardship.

Lovewell who was not available for comment Tuesday, said earlier this year, that the events at the park are family fun and that his family has worked to minimize the impact on abutters by holding events on weekends during daylight hours and prohibiting alcohol.

Comments are no longer available on this story