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Great news for tomahawk...

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Per Racer X...

Mar 9 2009 2:39PM

West Virginia's Tomahawk MX has been dealt a serious blow by a Berkeley County noise ordinance that limits daytime noise to just 60 decibels and refuses to give the motocross track exemption.

Berkeley County Commissioner Bill Stubblefield, who also successfully sought to have the nighttime decibel level reduced from 55 to 50, agreed that the proposed motocross exemption was problematic.

"If we make one exception, where do we draw the line? If we make an exception for the motocross, why not the local bar?" he said. "I believe we have to treat the businesses the same."

"It is also important to consider property owners," Stubblefield said.

As approved, noise levels in residential areas could not exceed 60 decibels from 7 a.m. to 10 p.m. It will be lowered to 50 decibels from 10 p.m. to 7 a.m.

Petrucci, speaking during a meeting break, said he had no regrets about his position or vote.

If this 60 dB level can be passed in one county, it can happen in other countys and other states just the same!

Click here to read the rest of the story, and please send support letters to:

William L Stubblefield, Commissioner

Tony Petrucci, Commissioner

400 West Stephen Street

Suite 201

Martinsburg, WV 25401

304-264-1923 office

304-267-5049 fax

Mr. Petrucci's home address & phone number:

59 Collins Drive

Martinsburg, WV 25403

304-754-7901

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thats not really great news for the track...just bad news for neighbors and local bars and such...just cant see how a track can stay open with such a low decibel requirement.

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I dont see how it is legal to go placing laws that have requirements that specifically prohibit a long standing, legitimate business from continuing. Whatever happened to grandfathering businesses. This country is so damn out of control these days. :p

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How can you treat a motocross track and a bar the same? They make their money in VERY different ways? I also think the decibel level is read on the property lines and not directly from the source, which if that were the case gas powered lawn mowers (especially landscaper mowers) would be not allowed to operate.

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There are some dumbasses out there that just REALLY dont like dirtbikes and will do EVERYTHING in thier power to get rid of them. Who cares if thier neighbor is selling crack? As long as they get rid of those darn dirtbikes :p

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I fully expect to get flamed for this comment, but the problem is created by those that think the louder the bike the faster they are.

This has been a problem with the organized dual sport rides and clubs have taken action to bring bikes within set limits or the riders does not get to join in, it is just that simple.

The limit would be for at the property line and not at the bike. Look at the money KTM is spending to develop an electric bike.

I am involved with observed trials and even our small organization is effected by new regulations, the manufactures have spent tons of money on 4-stroke designs to comply with euro air standards.

As much as you do not like it and yes the track may have existed before houses were built, the fact is they have rights also.

I have even considered purchasing a snorkle for my WR Husky just to reduce some of the bark, it they do not hear you, odds are they will not complain.

Best of luck keeping the track open, and please keep supporting them. If you think keep a track open is hard, try to get the paperwork past to open a new one.

Yes it does look like we are being ganged up on, first with kids 12 and younger with the no sale of bikes because of the lead BS:foul: , and now issues like this. Go support the track and offer to do what you can, spend some money and quiet your bike.

Your riding future is in your hands. And no, loud pipes do not save lives, they loose rights. Here is your proof. Rant over:banghead: :p:ride:

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I fully expect to get flamed for this comment, but the problem is created by those that think the louder the bike the faster they are.

This has been a problem with the organized dual sport rides and clubs have taken action to bring bikes within set limits or the riders does not get to join in, it is just that simple.

The limit would be for at the property line and not at the bike. Look at the money KTM is spending to develop an electric bike.

I am involved with observed trials and even our small organization is effected by new regulations, the manufactures have spent tons of money on 4-stroke designs to comply with euro air standards.

As much as you do not like it and yes the track may have existed before houses were built, the fact is they have rights also.

I have even considered purchasing a snorkle for my WR Husky just to reduce some of the bark, it they do not hear you, odds are they will not complain.

Best of luck keeping the track open, and please keep supporting them. If you think keep a track open is hard, try to get the paperwork past to open a new one.

Yes it does look like we are being ganged up on, first with kids 12 and younger with the no sale of bikes because of the lead BS:foul: , and now issues like this. Go support the track and offer to do what you can, spend some money and quiet your bike.

Your riding future is in your hands. And no, loud pipes do not save lives, they loose rights. Here is your proof. Rant over:banghead: :p:ride:

100% right about the noise i have a fmf 4.1 on my yz but i took it off and put the oem pipe back on. heck i think little things like just routing the exhaust downward would make a huge difference in the noise since the sound would be aimed mostly towards the ground rather then outward. and i doubt you would lose much if any power since your not restricting the flow

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Just move down near Summit Point, I know its not that easy. But by moving in that area you are dealing with people that here 2 stroke shifter karts and V8's all the time.... dont see anything going on with summit. Theres lots of land around there as well. This would be my last option if I was Chad, but it is an option. Man thats so crap though, a Bar and a placer where family's ride and spend time together. The panhandle tries so hard to be high class WV, moved from MD to WV to get away from all the damn rules.... more BS

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If any schools in Berkley Country try to have anymore football games? Time to bring the decible meter and if the crowd noise goes over, then guess what, no more football either! :p

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not going to pass. Have talked to tons of people about it. Berkley county didnt even have a vote on it. Everyone, even none riders, are upset about this. I really dont see it going through. They dont even have things like this in NY where i'm from...crazy.

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i sure hope it doesn't pass i live in nothern va. all my life, and watched all the spots and places we used to ride disapear now with mountaineer gone it is a blow to hear there is a possibility that we could loose tomahawk. I am a father with kids who love to ride and we always enjoy going to tomahawk .it is ludacris that a goverment offical can wage an assault on a buissness that provides such good ,did those people know they were buying a house next to a motocross track ? duh

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I meant that sarcastically. I know this is not good news, it is ludicrous and disastrous.

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MX facility exempt from ordinance

Berkeley officials vote Thursday on noise measure

By Jenni Vincent / Journal staff writer POSTED: May 1, 2009 Save | Print | Email | Read comments | Post a comment

Email: "MX facility exempt from ordinance"

*To: <--TO Email REQUIRED!

*From: <--FROM Email REQUIRED!

MARTINSBURG - Following a lengthy discussion, Berkeley County Commission members voted 2-1 Thursday to exempt motocross facilities from the current noise ordinance, a move that reverses their original action a month ago.

They also struck a deal with a local motocross operator in an effort to see if three mitigation techniques - ranging from planting bamboo to building a fence - could help solve alleged noise problems at the Tomahawk MX Park.

Commissioner Bill Stubblefield was the lone holdout against the reversal, arguing that it made more sense to instead stick with the current ordinance's 60-decibel limit and see if it could be met through noise mitigation techniques.

President Ron Collins and Commissioner Tony Petrucci voted in favor of the exemption - a move that was not popular with the half-dozen citizens who attended the meeting.

Most of the commissioners' discussion centered on the Tomahawk MX Park, a Hedgesville facility that has come under fire from neighboring property owners for the noise its bikes and races reportedly cause.

Petrucci, who previously said he regretted his original vote not to exempt the motocross park, had since visited it and taken noise readings at various points within the property as well as at adjacent pieces of land.

As a result of that research, Petrucci said he'd only found one spot where the noise level exceeded the county's maximum limit of 60 decibels. That spot was at the home of a neighboring property owner where the noise meter readings ranged from 63 to 73 decibels during one visit, and 73 decibels with 30 bikes running during another visit, he said.

At Thursday's session, Tomahawk owner Chad Gochenour, along with his attorney Peter Chakmakian, answered Petrucci's questions about how noise could be reduced at the track and whether or not some practice days could be cut from the track's schedule.

Chakmakian said 40 to 50 bamboo plants, ranging in height from 2 to 4 feet tall, had been planted as part of the noise mitigation efforts, while a wooden fence is also in the works and would be built once the proper permit is obtained.

The wooden fence would be 8 feet tall, with the top 2 feet being slanted to also help deflect sound, he said.

Bales of straw also will be placed on the property to help absorb sound, he said.

Gochenour also agreed to limit the number of bikes on the tracks, as per Petrucci's request. It would also be possible to look at "cutting back on practice days," although that might not happen until next year because of the track's current obligation to its members, he said.

As a result of this agreement, the track will be responsible for building a community pavilion at a county park. Gochenour said that would happen within two years.

Stubblefield said, "I applaud you for being a good resident of the county, but to me, this is not germane to the noise discussion at all."

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