ZBA rejects petition on use of land; Ruling allowing motocross park upheld by board.

• Author: LaPlaca, Debbie
• Position: Local

Byline: Debbie LaPlaca

CHARLTON -- The Zoning Board of Appeals has rejected a citizens petition and upheld a zoning ruling that a motocross park is permitted use for land zoned agricultural.

SunSet City Inc. is seeking town approval to develop a campground and motocross park on about 23 acres off Brookfield Road, near the Sturbridge town line.

Ronald Charette, of Brookfield Road, petitioned the Zoning Board of Appeals to overturn a ruling by Zoning Enforcement Officer Curtis J. Meskus that motocross is an allowed use for the land.

With about 100 people looking on Tuesday, the zoning board carried out a third night of deliberations on the appeal that sought to disallow the motocross park.

Member Candace Sutherland said the zoning board is charged with upholding and maintaining zoning bylaws as it best serves the community as a whole, and above the interests of the individuals and their profits or losses.

In interpreting the bylaw, she said, "I am concerned about the gray area where motocross is not defined as allowed and not defined as not allowed. I don't have a problem with motocross but I do have a problem with the gray area.''

"In my opinion, the real issue is whether the motocross fits the description of recreational use,'' Chairman Frank Lombardi said. "From what I've looked at, motocross is a recreational activity.''

Mr. Lombardi said the vote is based on state law governing zoning board appeals. In a board of five members, a four-fifths vote is needed to overturn the zoning officer's opinion.

Mr. Lombardi said the fifth member, Leonard Cardinal Jr., who was in Florida Tuesday, is an abutter and cannot vote. The four members...