Now
Overcast
71.0°
High
74°
Low
60°
Full Forecast

Coupon

Jobs

Cars

Homes

Rentals

Alerts

Subscribe
Home > Top Story
Bookmark Us   •   Make Us Your Homepage

Neighbors at odds over motocross

Comments 21 comment(s)  
E-mail Story E-mail Story
Print Story Print Story
Share  Share
Text Size: 
Tools Sponsor

BY KENDRA WALTKE / Lincoln Journal Star

Saturday, Mar 18, 2006 - 12:46:29 am CST

Two families with land off West Branched Oak Road found their ideas about recreation completely at odds this week. Standing on his new motocross track, Pat Thomas sighed in disgust at hearing of neighbors complaints and tried not to curse in front of his nephews, who were jumping their bikes nearby.

It’s his dream, Thomas said, to build a place where he can ride with his family. His new track one mile north of James Arthur Vineyards was built “just for the little guys.”

But from their home less than 200 yards away, Gene and Trish Petersen spent the past week calling officials they hope will put an end to the track.

Story Photo
Neal Sitzman rides his bike on Pat Thomas' motocross track north of Raymond on Friday. Neighbors Gene and Trish Petersen, whose house can be seen amid the trees 150 yards away, are irked about the track. (Dior Azcuy)

And Trish Petersen’s jaw was equally clenched as she spoke of her love of the quiet rural life.

“This is our dream home,” she said. “We put our blood, sweat and tears into it. This is something my husband wanted his whole life."

The noise carries across the section, said the Petersens and other neighbors. “It’s unbelievable,” Trish Petersen said. “You just can’t be outside. You can’t have your windows open.”

And the dispute has made both parties wonder if this might be “another Denton” — in the exact words of the Petersens and Thomas.

Last April, Lancaster County District Judge Steven Burns ruled that Dr. David Samani could keep a motocross track near Denton as long as only family and friends used the site.

It’s a ruling that the Petersens fear could keep the track in place. It’s a ruling that has Thomas worried about how much money he might spend defending his track.

“Agricultural zoning laws are not real specific and they do not prohibit this kind of thing,” said Gene Petersen. “What is different about this is the quantity of their activity and the proximity to our house.”

The Petersens say they spend 90 percent of their free time outside on their 22 acres. The couple and three children from prior marriages care for horses and a flock of chicken, ducks, and two peacocks.

They also belong to Wachiska Audubon and encourage wildlife by planting native grasses and food-bearing trees.

“This could happen to anybody,” Trish Petersen said.  “If there is a piece of property for sale in your neighborhood, watch out. The people in Lancaster County need to wake up and realize we have very little to protect us.”

The Petersens said the noise continues all day on the weekends.

“This is not agricultural. It’s clear he specifically purchased this place for recreation,” Gene Petersen said.

County commissioner Larry Hudkins said Thomas was probably not doing anything illegal, despite the agricultural zoning.

“If he’s the owner and he wants to ride his own vehicles with his friends and family, if he has more than 20 acres and is not using it for commercial use,” he said. “To my knowledge, they are not breaking any laws.”

Mike Merwick, director of the City of Lincoln Department of Building and Safety, said he will visit the site this week. He declined to say what could happen if he finds the track to be noncompliant with zoning.

“The court has said that tracks used for family and friends are permissable,” Merwick said. “I don’t know if that is case law, but that is what the judge said.”

About 13 homes are on the section where the track is located, said other neighbors who also complained when they were contacted.

“It’s pretty noisy even across the fields,” said James Unverferth, who lives to the southwest of the track. “We can hear it real well.”

He was concerned property values could drop, especially for homes close to the site.

“You move out to the country with this expectation of peace and quiet and enjoying nature,” he said. “But instead it seems like if you move out into the county, you can do whatever you want.”

The track isn’t a problem for John Judds, who is selling Thomas about 54 acres of land along with the track area. Most lies in a floodplain. The land was being leased by a Ceresco farmer for use as a cornfield.

“I’m not going to tell my neighbors how to live their life,” Judds said. “It’s a family that likes to have fun together. I say more power to them.”

The track covers at least an acre and has raised berms and jumps. Thomas also runs ATVs and motocross bikes along a path running beside a creek.

But he maintains that he built the track for his family, especially nephews Thomas, 6; Charlie, 4; and Joe, who is only 2 but already rides on his father Larry Iburg’s lap.

“We’re out here anytime I can,” Larry Iburg said. “This is our sport. You have a love for it and a passion for it and if you have a little boy, that’s all he thinks about.”

Thomas and the Petersens both said their years of hard work to buy their property have resulted in nothing but headaches for the past month.

“We are very depressed. This is very intrusive into our lives,” said Gene Petersen. “If we can’t do anything, I don’t know how much longer we can stay here.”

Thomas said he considered the complaints to be harassment.

“It’s just a disaster,” he said. “I will not put up with this much longer.”

Reach Kendra Waltke at (402) 473-7303 or kwaltke@journalstar.com.


$1 Sunday Delivery - Subscribe Today!
Top Story > Back to Top of Story

Post Your Comment

Standards and Rules
All posts to JournalStar.com are subject to our Terms and Standards.
Your posted comment will appear after it has been approved.
Frequently asked questions about story commenting.
(optional)
   
Hide Comments Hide Comments   Newest First Newest First  
Eric wrote on March 18, 2006 12:40 am:
" This is just a case of NIMBY: Not In My Back Yard. It seems to me that if the Petersens can do whatever they want with their property with their peacocks and all (which I totally applaud them for because the Wachiska Audubon Society is a very noble cause), then Thomas should be able to do whatever he wants with his (in the countryside). In addition, it's virtually impossible to have a motocross in the city. If the Petersens don't like it, then why don't they move back to city noise??? "
Karen wrote on March 18, 2006 6:00 am:
" How about a noise complaint? Do you think the bikers would complain about a rock concert in the yard with big speakers directed to the track? I hope none of those babies get hurt on those bikes. Wasn't there accidents where children died riding 2 and 3 wheelers? Too bad these noise makers can't be a little more neighborly. Just like the people who think their barking dog is fun to listen to. "
corey wrote on March 18, 2006 6:24 am:
" Maybe they could limit the amount of time they ride the dirt bikes. The Petersons have a point. If I lived out in the country, I would not want to hear motorcycles all day long. "
Larry wrote on March 18, 2006 9:11 am:
" A person has a right to peace and quiet. Nobody has the right to take that away. The Thomas's rights end when their rights stomp on others rights. "
David wrote on March 18, 2006 9:20 am:
" I live in a rural area less than ten miles from this one, and I too have thought about building a motocross track. My 10 yr old has a quad and my 4 yr old has a 50cc dirt bike. One thing to consider with noise is putting different mufflers on the bikes to reduce the noise. Both sides have valid points, and both sides have a right to do what they want with their land "
Tom wrote on March 18, 2006 9:32 am:
" I used to ride motocross...I love it, but I completely understand where these people are coming from (the ones complaining). It is EXTREMELY noisy and extremely inconsiderate. Apparently, the riders don't give a damn because it's legal (maybe) and they want to do it. To he*l with everyone else. Well, maybe the attitude would change if the families bought a parcel of Ag Land next to the homes of these riders and set up stadium speakers, pointed them at the houses and pumped in the "Music?"...maybe call the military for there expertise in this area. What would be the difference, really? The home owners are entitled, by law, to enjoyment rights of their property which cannot be infringed upon by someone else. Otherwise, it's open season on a neighbor you might not like. "
Alan wrote on March 18, 2006 10:14 am:
" Grow up! What happens when Lincoln grows and you have neighbors all around you? You sound like the people that didn't want to have an outdoor concert venue built. Those people were afraid their golf swings would be hampered by a little music once or twice a month when they were getting ready for the PGA tour. Hint of sarcasm there. I say get out of your depression go plant a tree or some grass and move on. Deal with it. Crap happens in life that isn't fair. I have a jerk for a neighbor but he doesn't break the law. You don't see me going to the newspaper. If I can't end up taking it I will put my house up for sale and when or if it sells I will leave, until then I am stuck. When you moved into the country you had to know this was a possibility. What happens when the Big scary loud tractors come out and work in the field? What happens during harvest time? Do you run around holding your ears yelling I can't take the noise oh my god it's too loud what are we going to do? I think I am going to become depressed? Deal with it! "
Sherrie Gregory wrote on March 18, 2006 10:54 am:
" I wish there were a good solution to this issue as both parties have good points. I think those building Motocross and other motorized sport tracks should buffer their tracks with trees and berms as much as possible to protect neighbors from the noise. Also there are ways to make the bikes and other sport vehicles less noisy. I very much support the Motocross sport, but we have to come up with ways to keep it from being an irritant to neighbors. Let's work together to find ways to do that. "
Alan wrote on March 18, 2006 11:03 am:
" The Petersen are wrong "
JJ wrote on March 18, 2006 11:20 am:
" The motocross area should be encouraged to install sound barrier materials on it's perimeter. "
Richard wrote on March 18, 2006 11:22 am:
" Different mufflers and some time restrictions seem like a reasonable compromises. Common sense and some courtesy would seem to be the order of the day. "
Unnamed wrote on March 18, 2006 11:31 am:
" The reasonable thing to do would be to discuss this calmly and agree to hours of the day to protect everyone's rights, but I'm not seeing a lot of reasoning going on. Each feels they are wronged and will go to all ends to seek justice. Pity. This is a family activity (both) that hopefully will keep some kids off the streets and out of the party scene when they're older, and shouldn't be discouraged. We're in the middle of a section of land, but our neighbors spray hog confinement waste more than half a mile away. Want to talk about offensive, on a beautiful summer day?? Perfectly legal, understand why they do it, but man does it reek and drive us indoors. "
Brandt wrote on March 18, 2006 12:05 pm:
" I would imagine that the Thomas family bought land in the country to do such a thing. If you can't ride in the country where can you ride downtown Lincoln. That is what the country is for. If you move to the country for peace and quite buy a whole section and put a house in the middle of it. No one will be within a half mile of your house problem solved. The Thomas family isn't breaking any laws and I feel that if they bought the land they should be able to do what they want with it. "
va husker wrote on March 18, 2006 12:29 pm:
" everyone has a right to enjoy their proerty - but it should never come at the expense of their neighbors be it a motocross, barking dogs (day and night) or loud music. I approached a neighbor recently about the level his daughter was playing music, they live across the street and down tow houses and I was having to turn up my tv to hear it in a house that was closed up and with the furnace running. The father's response, "Hey give her a break she is only 15 and I don't have any problem with her playing my system that loud." Good example to set for his kid huh? On top of that not 3 days later, this good daddy came home, daughter was home, and turned up the stereo even louder, so not only did I get to hear Sweet Home Alabam but so did everyone in the neighborhood and adjoining streets. Great example for his daughter huh? "
Eric wrote on March 18, 2006 12:42 pm:
" I also own an acreage and my son has a dirt bike that he rides whenever he can. That and the horses my daughter rides are the reason we moved out of town. I will never complain about anything my neighbors do unless it directly threatens my families safety, and I expect the same in return. It's their land and they can use it as they see fit. It will set a dangerous precedent if he is forced to stop riding with his children. "
Mark wrote on March 18, 2006 12:56 pm:
" Stay strong Pat. This is your land & your family. One thing would be making loud noises after 10pm. You can do what you want. You know if you had a hobby such as shooting guns. You know they would complain at that as well. What would everyone else want? A couple of dirt bikes or some Bullets flying around. Seems the bikes makes less noise and there safer. Just another angle to look at. "
Steve wrote on March 18, 2006 3:19 pm:
" It seem this is the second or third time a track has tried to be built for personel use. If the city does not like it maybe put some tax funds into building an area for motocross like they spend for softball, football, soccer, tennis, swimming. this is a sport just like those. This is one reason I moved from my birth place. No one wants change in Nebraska. Wake up it is now 2006!!!!!!! "
Hemet wrote on March 18, 2006 4:09 pm:
" Is there a problem with attaching a sound attenuation device on the bikes used? I think some kind of muffler, like they use on street motorcycles, and cars, would seem a simple solution. Otherwise it is just plain noise pollution that no one should have to put up with in balance with the kids having "fun" on the bikes -- that they could take elsewhere. "
TC wrote on March 18, 2006 10:10 pm:
" Perhaps both parties could work together to build a sound barrier of some sort. Fence, trees, haybales for that matter -- there has to be an amiable solution. Some patience and understanding on the part of the Petersons and some empathy and consideration on the part of the Thomas family could all go a LONG way to help them come to a COMPROMISE of some sort. "
Jason wrote on March 18, 2006 10:30 pm:
" For the past few years I have been watching people fight over this topic. My father lives by Denton about three miles to the east of Dr. David Samani's land and motocross track. We also had a motocross track built on my fathers land in 1992. We never had any complaints with the neighbors. Houses were built more and more over the years, but still not one single complaint. We only use for me and maybe two or three more riders at the same time. All the neighbors enjoyed watching the riders jump and just have a good time. All of them understand that it is a passion for almost anyone who rides or races motocross. I have been racing since 1992 and that is all my 2 year old son thinks about. This sport is a family sport and I have never seen any other sport compare to the unity and all around family bond that this one brings. It brings people from all over the country together in which they may not met any other way. It also keeps children out of trouble. Almost all of motocrossers are very healthy and do not use drugs or alchohol especially when they are in competition. We are respectable people, we dont ride after dark or early in the morning, maybe this could be an idea for getting both parties to agree on something. Overall communties are makeing it almost impossible to let us enjoy our sport. I think that as long as Pat is not holding races there, then he and his family and friends should get the right to enjoy their land that they worked for. Keep your head up Pat and hopefully things will work out. "
Bob wrote on March 18, 2006 11:37 pm:
" Build a sound wall around the tract as the noise goes up and does not go in any one direction. IT WORKS!!! "

Ads by Yahoo!