GORHAM – A Gorham dirt-bike enthusiast, who said the town stopped him from riding on his own property, is now proposing a motocross track that would draw riders to race in Gorham.
The proposed racetrack has fueled opposition in the rural neighborhood.
Merritt Bennett said Gorham has banned him from using a small dirt track where he, his son and friends rode dirt bikes on the family-owned farm. Bennett said he thought someone had complained to the code office.
Bennett said this week he never had a noise complaint. But he’s not allowed to start a dirt bike on his property.
“They’ve violated my constitutional rights 10 times over already,” Bennett said.
He’s now seeking permission from the town for a motocross track with racing, snowmobile grass drag events, parking for 200 cars and overnight camping before events.
Bennett’s proposal is on land owned by his parents, Fred and Pamela Bennett, at 463 Fort Hill Road, a 68-acre former family dairy farm. The farm milked cows until 1984, Merritt Bennett said. According to a Gorham Historical Society publication, the farm dates back to 1787.
Bennett was working on a track facility two years ago, but the work was stopped by the town, which also told him he could not ride on the land.
According to printed planning department information, “In September 2011, David Twomey, former code enforcement officer, sent the property owners (Fred and Pamela Bennett) a stop and desist/work stop order after he had confirmed the existence of a motocross/dirt bike track and a 600-square-foot building that was under construction. The track and building had been constructed without the town’s approval or permits being issued.”
Twomey informed Bennett that the project was not permitted in the rural zone.
But subsequently, the town’s Zoning Board of Appeals determined Bennett’s project would be classified as a social institution and allowed but required a site plan review.
On Monday, Merritt Bennett, accompanied by an engineer and a lawyer, went to the Gorham Planning Board meeting. His proposal sparked a public outcry and packed the town’s council chambers.
Under his proposal, 13 motocross events annually would be held every other Sunday from mid-April to the end of October. Snowmobile drag racing on grass would be held in the fall.
Charlie Pearson, who lives at 43 Mighty St., described the neighborhood as tranquil, and he opposed the project. Pearson, a lawyer and professor, predicted a decrease in property values if the town approves the project.
David McCullough, of 16 High Acre Lane, said the project is not a social institution.
“Within just a few hundred feet of the proposed commercial race track there are several million dollars of valuation in residential homes,” McCullough read in a prepared statement.
McCullough’s concerns included smell, traffic congestion, trespassing on neighbors’ property and impact on a nearby church. If the town approves the project, McCullough said, taxes should be reduced 20 percent. He said one new neighbor he talked with wasn’t aware of the proposal and wouldn’t have bought there.
Jeanne Stephens of Mighty Street agreed that the project is not a social institution. Stephens said she and her husband chose Mighty Street because it is a “lovely place” where they could retire.
“It will impact all of us,” Stephens said.
Jeffrey Christiansen, 236 Buck St., was concerned about noise.
“My opinion is it’s a totally inappropriate use,” Christiansen said.
Christiansen also pointed to the town’s recreational vehicle ordinance. One paragraph reads, “No person shall operate any recreational vehicle within the limits of the Town of Gorham in a manner that unnecessarily annoys or disturbs any person due to the continued or repeated operation anytime day or night.”
Chistianna Crawford, of 5 Stonegate Way, said she “definitely will be impacted on my property,” if the motocross project is approved.
“A project of this size is going to desecrate” that land and that part of Gorham, Crawford said.
Pam Nicely, of 110 Mighty St., said the Bennett’s farm is on a beautiful hill, and sound travels.
“It’s our quality of life we’re talking about,” Nicely said.
But on Tuesday, Merritt Bennett said his family has been there for 40 years.
“What about my lifestyle,” he asked. “I’ve been riding on that property for 34 years.”
A number of Bennett’s supporters flocked to Monday’s meeting. His advocates received applause after speaking.
Steve Johnson, who lives on Spiller Road, favored Bennett’s project.
“It’s about a lifestyle for a lot of people,” Johnson said.
Several years ago, the town shut down a bike track.
Steve Berry, of 99 Line Road, said motocross is a family event.
“We’ve lost all our places to ride,” said Berry, pointing to housing developments.
Gorham has received several letters about the proposal and town planners Monday had several questions that included fumes, dust, fuel spills and overnight camping prior to events.
Natalie Burns, Planning Board lawyer, said the Gorham code office would review and make a ruling about use of mobile vendors and camping.
“We’re not looking for approval as a camp site,” said John Shumadine, a lawyer of Murray, Plumb, and Murray who represented Bennett. And, Shumadine said, camping would be allowed as an accessory use under the ordinance.
Bennett said on Tuesday he’s spent $50,000 since June of last year for expenses that include engineering, lawyer fees and road and sound studies. He said planners now want him to have an environmental air study.
The planning department will set a date for Planning Board members and interested parties for a site walk of the property.
Bennett said all he really wanted to do was ride with his friends.
“I really don’t even know what the next step is,” he said.
The bucolic Bennett farm on Fort Hill Road in Gorham, where Merritt Bennett is asking the town to grant approval for a motocross track. Staff photo by Robert Lowell
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