Lanesborough News: Court Action Against Motocross Track MulledBy Al Hartheimer
Lanesborough News
08:37PM / Monday, July 14, 2008
LANESBOROUGH — The Board of Health at its meeting last Monday reviewed the police reports of the many complaints about noise coming from the operation of Peter Beaudoin Jr.'s motocross track.
Beaudoin's been prohibited from using the track on his North Main Street property since the board issued a cease-and-desist order last October. Beaudoin and his wife, Michele, have repeatedly asked to use the track on a limited basis, including for family members only, but have been rebuffed.
Neighbors have frequently complained about noise from the track since its creation last summer.
After considering all the recent complaints, the board members decided that there were violations of the cease-and-desist order on four days: June 12, June 19, June 28, and July 1. They then passed a motion to fine Beaudoin $500 for each of the four violations.
On June 3, Beaudoin was fined $850 for prior violations. He had 30 days to pay but did not, according to the board. Health Board members are considerng what steps to take next to enforce the order.
They asked for guidance from the town counsel, Brackett & Lucas of Worcester. In response, they received a memorandum from Jason D. Grossfield of that office. Grossfield said there were two possible directions: criminal or civil actions. His letter stated the following:
Criminal Complaint
MGL c. 111,pp142a,142b provides for criminal penalties and imprisonment applicable to any person who is the source of air contamination. The Board of Health's ("Board") agent may seek to enforce its order by applying for a criminal complaint in District Court. A magistrate will hear the complaint, and if he or she finds probable cause exists, will issue the complaint, commanding the defendant to appear at a later date. Criminal penalties may be imposed by the District Court, however, injunctive relief is not available.
Civil Complaint
MGL c. 111,p187 states that the Superior Court, on application of the Board of Health("Board"), may enforce the orders of same. In order to obtain prompt injunctive relief, to cease the activity which is creating the excessive noise, it would be necessary to file a civil action in Superior Court. The Board may seek to obtain a preliminary injunction from the court. Any civil penalties, however, would be at the discretion of the court, and available only in the event that the matter proceeds to a full trial.
The board must now decide how to proceed.
New Police Officers
Three new police officers were sworn in at last Monday's selectmen's meeting. The two full-time officers are Ben Garner and Jason Costa. The part-time officer is Jacob Brown.
Information provided by Lanesborough Concerned Citizens Newsletter. To receive the weekly newsletter with more Lanesborough news, e-mail ahartheimer@yahoo.com. |
