Noise problems in Deer Valley subdivision have the Independence Township Board of Trustees revisiting their sound ordinance.
Residents from the subdivision packed the Independence Township Board meeting April 6 to address the board during the public forum. The neighbors complained about individuals renting Bruce Kasl’s property and their use of motorcross bikes.
‘It has made our life absolutely miserable,? Caroleigh Fulcher said. ‘I have two young children who can’t even nap because those bikes are so loud and are being run all day. We can’t sit outside and enjoy our land. I don’t even want to think what will happen with all the dirt during the summer?
The neighbors went to the township board after exhausting other options. Residents Fulcher and Bill Goga said calls to the property owner either were unreturned or did not produce results.
Attempts to get the police involved also proved unproductive since, under the current ordinance, the tenants are not breaking a law. The only regulations the ordinance puts on recreational equipment, including ‘off-the-road vehicles?, is ‘utilization… after sundown and prior to 8 a.m. where the noise emanating from such activity is clearly audible more than 50 feet from the property line,? is prohibited. There is no sound limit during the daytime hours.
‘I can meet with anyone who wants to discuss the situation,? Lieutenant Dale LaBair said at the meeting. ‘If they do something illegal like taking these onto the streets we will be there to handle it but we will not just harass the individuals.?
The current ordinance was adopted in October 1990.
‘When the ordinance was written these motorcross bikes were not common at all. They have become a real nuisance,? Trustee and Deer Valley subdivision resident Larry Rosso said. ‘It is definitely a frustrating situation. It is a complicated situation because there is an absentee landlord and a totally uncooperative tenant. This is as bad as it gets.?
While Fulcher and Goga said they were hoping for a cease and desist order from the township board, the board took no action at the meeting.
A subcommittee made up of Rosso, LaBair, township attorney Steve Joppich and township planner Dick Carlisle is scheduled to meet April 15. A sound expert will attend the meeting and help the group draft options to be presented to the rest of the board.
‘We are putting this on the fast track. Addressing this noise issue is long overdue,? Rosso said. ‘We hope to have something for the board by the next meeting (April 20.)?
At the April 6 meeting, Supervisor Dale Stuart estimated it would take four to six weeks before something could be done.
‘We are hoping this can move along faster than items normally move,? Goga said. ‘The police officers have been sympathetic but there is not much they can do with the old ordinance.?
The neighbors said this has been an issue since last fall. This is not the first problem the neighborhood residents have had with the tenant.
‘We have had drainage issues with them. They have been hunting on their property which is only 165 feet wide even though you need 450 feet according to the DNR. We were afraid kids would be hit with a stray arrow,? Goga said. ‘There has also been farm animals on their property including ducks, chickens, turkeys and horses.?
Calls from The Clarkston News to Kasl were not returned.
‘This would be such a great neighborhood if we could get this issue resolved. All the other neighbors get along real well,? Fulcher said. ‘This is a new neighborhood and everybody will see there property value go down if something is not done.?