Motocross fails to win support of zoning board in Alton
By CUTTER MITCHELL
jmitchell@citizen.com
Article Date: Friday, May 2, 2008
The second bite at the apple for the Wolfeboro residents proposing a motocross track in Alton proved to be as fruitless as the first. They now are looking at that old adage: the third time is the charm — and it just might be.
Several weeks back, the Alton Zoning Board of Adjustment denied Jody Persson's application seeking a special exception. The zoning board ultimately rested its denial of the motocross track on the noise it would present to the surrounding neighborhood, should the 46-acre Coffin Brook Gravel Pit be developed for such a use.
ZBA Chair Timothy Morgan noted that the application for the same special exception was not filed within the appeal time allotted and, as such, it was to be treated as a re-application. According to Alton's zoning procedures, a re-application must meet one of two criteria: that there be a significant change in the proposed use or a change in circumstance.
"I frankly don't see any material differences [from the first application]," said Morgan, continuing, "We can't keep subjecting the abutters to continual applications."
While there were no significant changes in the circumstances surrounding the application, which prevented the acceptance by the board, there were differences. Persson's new application hinged on a proposal for a sound study to be conducted by a specialist based out of California. However, at the time it came before the zoning board on Thursday, the study was only a proposal and had not yet been done.
The hangup then became that, because the proposed sound study was not complete, it could not constitute a change meriting consideration, in the opinion of the board members.
"I know it's a technicality — a small one — but I think it is important," said Timothy Kinnon, a member of the zoning board.
Kinnon suggested that, if the board had included a sound study in the application, the new information would meet the procedural requirement and the board would have to accept the application for another look.
Persson asked to make a clarification for the board but Morgan denied him the opportunity.
Persson later said that, if he had addressed the board, he would have explained that the board's involvement was a crucial part of the sound study, which is why he had not conducted it beforehand.
Without the sound study to accompany the new application, the board unanimously voted not to accept what Persson put before it.
Following the decision, Persson said he sees two options to pursue: Either he would complete the sound study and reapply as alluded to, or he would pursue legal action against the board. Persson said he feels the ZBA unjustly denied his application.
While no public comment was solicited by the zoning board, a solid showing of Alton residents attended to hear the board's deliberations.