MACHIAS – Snohomish County has denied a request from a Machias couple to operate a dirt bike track on their property after neighbors repeatedly expressed concerns about the noise.
Joe and Kathy Ensminger can’t let motorcycles rev up near their home because opponents of the track have demonstrated that “an undue noise burden does exist,” Susan Scanlan, a county noise administrator, wrote in a letter.
The county held two meetings with supporters and opponents in July and earlier this month. The comments they received suggested that no middle ground existed between the two parties, Scanlan said. That’s why she said she denied the Ensmingers a noise-exemption permit, which would have allowed the track to operate under certain conditions.
Joe Ensminger said he will appeal the decision to the county hearing examiner.
“I think it’s a sad day,” said Joe Ensminger, who learned about the decision on Wednesday.
Earlier this year, a district court in Monroe found Joe Ensminger guilty of a criminal charge for creating too much noise. He faces 40 hours of community service and a $500 fine.
The track, which Ensminger built 20 years ago for his son and his friends, has brought numerous noise complaints from neighbors. The dispute over the track has been steaming for about four years.
Deputies have responded to the track 28 times since January 2004, according to the Snohomish County Sheriff’s Office. At a meeting in July, Mark Roe, the county’s chief criminal deputy prosecutor, asked neighbors to find a compromise and settle the dispute on their own.
The noise coming from the track violates the county’s noise ordinance, opponents say. The law keeps off-road vehicles from interfering with the peace and comfort of a neighborhood.
Area residents who have spoken against the track couldn’t be reached for comment Wednesday.
Another provision in the law, however, sets permissible sound levels based on decibels. The county hasn’t measured decibel levels at the track.
Ensminger’s attorney, Don Lyderson, said the county’s decision could have “a chilling effect” on how people can use their property.
“(Property) taxes go up. Usage goes down,” Lyderson said.
Reporter Yoshiaki Nohara: 425-339-3029 or ynohara@heraldnet.com.
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