The Bowling Green Daily News is reporting that the City-County Planning Commission of Warren County (KY) is joining forces with Residents Against Motorsports Track Noise, the collective group of citizens of the Clark Circle neighborhood, in a legal complaint that is requesting a declaratory judgment, injunction and damages against the National Corvette Museum due to the ongoing issue surrounding the NCM Motorsports Park race complex. In a closed session with the commission’s attorney, a near-unanimous vote (one commission member was absent) was cast, which will allow the Planning Commission to attach themselves to legal actions that Residents Against Motorsports Track Noise have filed, citing NCM’s failure to act in accordance with the binding elements of the zoning agreement. In addition, NCM is also facing separate legal action from two individuals, Janet Jent and Sarah Buckley, who are claiming that NCM Motorsports Park is pumping out excessive vehicle noise.
The request placed before Warren County Judge John Griese is basically demanding that NCM Motorsports Park be shut down and that residents be eligible for monetary damages for the noise nuisance. The lawsuit is requesting that the track be labeled a “private nuisance” and to issue NCM a restraining order and permanent injunction, forcing NCM to shut down.
On Residents Against Motorsports Track Noise’s Facebook page, they had posted this message up on October 7th: “We have now decided to establish a Legal Defense Fund in order to be prepared to protect our property rights in the courts. Although we had hoped for a reasonable resolution to the noise issues, the track/museum has offered us a “take it or leave it” ultimatum, and the Warren County government has repeatedly refused to enforce their own zoning ordinances. We have now contacted the EPA at the federal level in order to get them to FORCE the local government to enforce the Clean Air Act. We will be meeting with them in the next few weeks.
We have had numerous local residents from around the county offer financial assistance, and tax deductible donations to our cause can now be made at any branch of South Central Bank, just indicate the Residents Against Motorsports Track Noise, LLC account.
Several individuals have already stepped forward with pledges totaling in excess of $7,000. Our target is to raise $50,000. by the end of the year, and $100,000. by the end of the first quarter of 2016. These funds will be used only for legal expenses, and to retain our own acoustic engineer as an expert witness.
We are currently in discussions with several national environmental groups, all of which have offered to help us to reach our goals for our legal representation and to support our cause through public relations throughout the country. We have also been invited to participate in a national conference on noise pollution.
The road ahead may seem long, but there are a long list of groups and individuals who share our concerns and are eager to help support our cause.”
On NCM Motorsports Park’s page, this post was put up on October 2nd: “The local Planning Commission suggested a two (2) week postponement of the scheduled October 1 hearing on the revised Detailed Development Plan since an agreement to the proposed terms had not been reached between the NCM Motorsports Park and the Clark Circle neighbors. To date, the Motorsports Park has constructed a 1,630 linear foot berm that is expected to be complete by 10/13. The 14,062 sq. ft. garage complex was built next to track and opened in July. A 14,635 sq. ft.
control tower and event center is also under construction trackside. All of these structures, in addition to enforcing a 103 db level at 50 feet from the track for participants, are very effective in controlling the noise trespass to the residential neighborhood. According to the sound data modeling by the acoustic engineering firm, with these noise abatement efforts, the activity from the track will not cause a substantial increase in the noise level at the adjacent Clark Circle neighborhood property line.
We have offered to agree to a specific noise level at the neighborhood property line and to provide a noise monitoring system to verify compliance. We hope to reach an agreement on specific terms that will be satisfactory to the neighbors so that we can present this to the Planning Commission at the next meeting on October 15. As always, we are continuing our efforts to be a good neighbor.”
Is there even going to be a winner in this debacle? We’ve seen the NCM buildings and berm first-hand, as well as the acoustic engineering team from Tennessee that NCM brought in to study the noise issue. And the Clark Circle community is digging in like soldiers in foxholes, doing everything in their ability to close down the track, seemingly for good. They are on a media blitz and have said that the noise of Interstate 65 isn’t bothersome, but the noise from NCM Motorsports Park is.
Its amazing that the residents can tolerate living near a highway, yet they can’t tolerate the sounds from the racetrack next to the highway that most likely is open during the weekends.
Although I’m not a Chevy or Corvette guy by any means, I hope that the Corvette and racetrack put up a good fight and stay where they are at.
Time for people with loud cars to make that section of the interstate real LOUD….24/7.
Who was there first ???? I suspect the race track !
103 db is still fairly loud !!
The raceway needs to counter sue ALL of the participants of the law suit including the City
This is a simple one if I were GM. If the track closes so will the Bowling Green Assembly Plant and every other GM plant in Kentucky.
Very Simple.
Just one more reason to hate Kentucky.
I am probably wrong but I would venture to say that the track was there before the residential housing. If that is the case, only an idiot would buy that close to a track. Jeez, everyone wants to be a victim. Did any of these people do any research before they bought? No sympathy from me.
Houses were there before track.
http://bangshift.com/bangshiftapex/residents-request-kentuckys-attorney-general-to-take-action-against-ncm-motorsports-park-due-to-noise/
I hope a solution can be found so everyone can just get along
The track is brand new, the houses have been there a long time. But what the hell is wrong with this planning commision? I can’t think of a better way to take revenue out of the community than this. Unbelievable!