The next step in a controversy surrounding the proposed construction of a racing cart track and club in Jackson Township remains to be seen after a board of zoning appeals hearing on the case was canceled.

The club in question, Motorsports Country Club of Cincinnati, is to be located along the border of Jackson and Stonelick townships, and will abut a golf course and several private properties. That has existing property owners upset.

“Cedar Trace Golf Club, which I own, is located right next to where they’re building this motorsports track,” said Jim Montgomery. “I’ve talked to the neighbors, and people have retired out here for the peace and quiet, and for the golf course. All that noise doesn’t go hand-in-hand with why people moved out here. That’s why we’re not too happy.”

According to Montgomery, he became involved in an effort to halt construction of the country club, which will feature racing karts capable of speeds of over 90 mph on a .64 mile track. The back loop of the track will be located approximately 40 feet from the tee on hole six of the golf course. The only thing separating the tee from the racing track will be a tree line that is about two feet thick.

“I’m waiting to appeal the situation and I’m waiting to talk to the township’s attorney,” said Montgomery. “We want to see what we can do so everybody’s happy, not just me. I feel sorry for the people who moved out here and retired who will have to hear noise seven days a week.”

Bruce Privett, zoning administrator for Jackson Township, said that he understands the complaints levied against the track, but said there is little that can be done to stop construction.

According to Jackson Township zoning regulations, the land can legitimately be used for private clubs, and since the motorsports club is private and requires membership, there is nothing to stop its construction. Privett said that the first step that resident opposing the case could take would be to meet with the board of zoning appeals to argue that the usage wasn’t allowed by the zoning code.

If that failed, said Privett, the next step would be a lawsuit in common pleas court. A board of zoning appeals meeting had been set for Aug. 28, but that meeting was canceled by the township.

“I mailed a letter to the golf club, it was mailed on Aug. 24,” said Privett. “The attorney for the race club pointed out that the golf club had filed their appeal well beyond the point of limitation. The race track presented their plan to the trustees in a public meeting on April 3, and at that point the trustees asked me about zoning. I said that a private club is permitted and there is no other definition. It’s simply private clubs, and since it is a private club, it fits the definition. By Ohio Revised Code, they have 30 days after a decision to file an appeal. By our own resolution, there is only 20 days. The golf club people got an application in late spring, called a few times asking questions about it, but didn’t file until July 31.”

Privett said that the township had originally decided to allow the hearing, but was forced to cancel after they learned of the 20 day limitation on filing an application. Even if they decided to hear it, added Privett, it wouldn’t be considered a legal meeting.

“We were going to accept the application and were very willing to let the board of zoning appeals hear their points, but the attorney for the motorsports people said that we couldn’t do it,” said Privett. “I referred it to our attorney at the township and he looked it over and agreed that it would not be a legal meeting.”

Montgomery said that his notification came from word of mouth, which arrived faster than the township letter. In fact, he said the letter didn’t arrive until the afternoon of the meeting itself.

“They canceled it,” said Montgomery. “The trustees of Jackson Township are not getting back to us or our attorneys. We don’t know where we stand, they’re ignoring us. I had a certified letter saying the hearing was tonight that I had to sign for. I would have never known if someone hadn’t driven by the township hall and saw it on the sign that it was canceled. They never called me or sent me a letter saying it was canceled. I don’t think that’s very fair.”

Montgomery said that he felt that the hearings were done quietly, which made it hard for residents to air their views on the proposed motorsports club. Privett said that the meeting was open to the public, but simply wasn’t attended. Since it was presented during a regularly scheduled meeting, there was no reason to notify residents, added Privett, who said that notification would have been made if it was scheduled for a special meeting.

“This was a regularly scheduled trustees meeting,” said Privett. “The public is invited to come and participate. Had it been a special meeting, there would have been a legal notice in the paper. Unless it’s an official hearing or special meeting, it’s not our responsibility to notify. If they’re a neighboring property owner, I will submit notification if they are part of our township or not. That’s the right thing to do. If it’s not a special meeting though, it’s not required to notify, it’s the citizen’s responsibility to be at the meetings and learn what’s going on in their township.”

While the golf course and residents are located in Stonelick Township, Privett said that he would have notified them of a special meeting as a matter of courtesy. Montgomery though, as well as residents of the area, say that they felt left out of the discussion and feared what the noise from the club would do to their quiet country setting. Phone calls placed to representatives of the motorsports club were not returned.

“We spoke in the beginning, and I don’t have any contact with them now,” said Montgomery. “They have their opinion and I have mine. It bothers me that it could hurt my business. I also worry about the people here, we weren’t notified, it snuck up on us. I think it’s a common courtesy and professional to tell us what was going in.”