LIVERMORE – With the appeals board’s 3-0 vote Monday to approve amended minutes of an eight-hour hearing and deliberations pertaining to the Barnyard All-Terrain Park on Route 108, the park can continue to operate.

Three administrative appeals were filed in February against the Planning Board’s approval of David Lovewell’s site review application for the park. Mud races and other events were held at the site when temporary approval was granted last year.

The town’s ordinance required the Board of Appeals to conduct a full-review on the application and determine if it should be approved.

The board held hearings on the matter in March and denied the appeals, recommending the Planning Board approve the application with the condition Lovewell submit a letter that an archaeological review of the site was done.

On Monday, appeals Chairwoman Muriel Bowerman said that she saw one item that she thought should be included in the minutes that was not.

Joan Walton, a planner from the Androscoggin Valley Council of Governments, facilitated the hearings and deliberation and put the minutes of the two meetings into 10 pages.

The town also has an audio recording of the meetings that will be kept on record with the town for at least seven years, Livermore Administrative Assistant Kurt Schaub said.

Bowerman said all three Appeals Board members said they sympathized with the appellants’ noise concerns but the town’s ordinance doesn’t address noise.

“It was our job to follow town ordinances as they are written,” Bowerman said.

She asked that the concerns be noted in the minutes.

The board approved the amendment.

Appeals Board member Dennis Stires said he had asked previously who would handle the on-site inspection of the park to see if arrangements made will be carried out.

Schaub said that it would be the code enforcement officer’s job.

Lovewell entered into a private agreement with one of the applicants, David Damon, whose property abuts the site, which is recorded in the minutes of the meeting.

The town has no legal basis to enforce anything noise-related, Schaub said.

It would be a civil issue, Schaub added, if the agreement was not followed.

The private agreement between the two parties calls for Lovewell to build an earth berm 25 feet from the Lovewell/Damon property line, which will be 4 feet tall with hedges planted on top to help buffer event noise.

“We can’t make rules if there is no ordinance,” Bowerman said.

Planning Board members are working on a noise ordinance they hope to present to voters at the town meeting in June.

Following the meeting, Appeals Board member Jim Holt, who recused himself during the park hearings due to a family relationship with the applicant, said he felt it was kind of sad that only three of five people could act on the application.

He said there is a need for alternates on the board.

Another member was away and not available to participate in the review.

Schaub said the town’s ordinance does allow for two alternates and requested names of people to approach.