A Sunset Lane resident is asking the Jaffrey Zoning Board to intervene over what he describes as a “racetrack” operating next door, after he says repeated complaints to the town have gone nowhere.
Robert Aho has appealed the decision of Town Manager Jon Frederick and Code Enforcement Officer Rob Deschenes, who determined in October that no enforcement action would be taken regarding a dirt track on the neighboring property at 10 Sunset Lane, owned by Markus O’Neil.
In his appeal, Aho argues that the “construction, expansion, and years-long operation of a racetrack” on the property violates the town’s residential zoning ordinance and several setback requirements, including a 75-foot wetland buffer, 250-foot river setback and 30-foot property-line buffer. He wrote that “the racetrack use is incompatible with permitted residential uses and has caused documented disruption to neighborhood peace, public safety, and personal health.”
Aho alleges that O’Neil built the track without permits or any legislative review and that it has been in continuous use by motorized vehicles.
In an email exchange last summer, Deschenes told Aho he had reviewed maps of 10 Sunset Lane and that the track appeared to be outside the wetlands and shoreland buffers, unless it had been significantly expanded since June 2022, when the most recent satellite imagery was taken. Deschenes also noted that there is no prohibition on the use of unregistered vehicles on private property.
In response to a noise complaint in September, Police Chief Todd Muilenberg wrote to Aho that Jaffrey’s noise ordinance applies only to “unreasonable noise” between 10 p.m. and 6 a.m. in the commercial district and 10 p.m. and 7 a.m. in residential districts.
“People are allowed to ride dirt bikes/drive cars on their own property,” Muilenberg wrote. “You can also drive unregistered cars and have unregulated dirt tracks on your property unless there is a zoning ordinance prohibiting it. I am not aware of any zoning prohibitions there.”
Aho wrote in his appeal that he has attempted to address the disruption caused by the track with O’Neil and the town through the code enforcement officer, the police, town manager and Conservation Commission.
On Oct. 7, Frederick responded to Aho’s complaints with a letter stating the town had reviewed the concerns with the code enforcement officer, chief of police and town prosecutor.
“We see nothing that would warrant zoning or conservation violations, nor a reason to issue a cease and desist order,” Frederick wrote. “If you are aggrieved by the noise at 10 Sunset Lane, please call the Police Department. They will be able to make the determination on site if the activity is in violation of any ordinances or statutes.”
In a letter to the Zoning Board received Dec. 1, O’Neil denied that he had a racetrack. “My life is working on and driving racecars. It is what I choose and live to do. I have been racing since I was six. I don’t have a race track. I have a backyard. I don’t drive around my yard every day, nor have much at all since the neighbors came over yelling as I was working on my car last spring. I am just a kid living my dream.”
It is Frederick’s decision not to take enforcement action that Aho is appealing.
The Zoning Board was scheduled to hear the appeal Dec. 2, but the meeting was canceled due to weather. It has been rescheduled for Dec. 16 at Town Hall.