Citizens4Dawson Together we CAN make a difference!
Dedicated to Dawson's Future Lawsuit update news: “We are going to fight this all the way,” said Richard Wingate, who represents West and Helen Hamryka. “The complaint speaks for itself. If build out and construction of the project is as planned, it’s going to just ruin my clients’ livelihood.” The Hamrykas, who own a home and horse farm across from the 152-acre car park site, have filed suit against developer Jeremy Porter, Atlanta Motorsports Park, the city of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments. The suit, filed last month in Superior Court, claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.” According to court documents, the Hamrykas seek an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees. The suit, also claims the city of Dawsonville violated Georgia’s zoning procedure act and should have required a Development of Regional Impact study before approving the “mixed use facility.” Please send your checks to: MOVE AMP Opposition blog To view the letter sent by BoC Chair Mike Berg to the City regarding the Motorsports Park, click here Dawson News and Advertiser Community News Gainesville Times This Motorsports park Supporters of this Park should do the right thing and require it to be placed where it will have little to no residential impact, not on top of the residential tax base. If supporters assert there will be "jobs" created, how many jobs will be created for untrained locals? Will the benefits of this karting Park offset the devaluation of property and tax costs to residents who will pick up the infrastructure tab for this? We understand Porter is paying in the neighborhood of 12,700.00 - 13,000.00 per acre for this land. We viewed documents that show Porter's projected profits. If correct, after initial membership dues, his largest projected income is from karting fees. The second projected income generator is a "racing school". Sound like an exclusive "driving club" for the wealthy to you? http://www.ekartingnews.com/viewtopic.php?t=78305&sid=ea807102f605792a302f9468758ec78e The stipulations put forth by Steve Holder did not provide for adequate noise barriers and the noise will be allowed to begin at 7:00 am, allowing a 13 hour day of continuous Motorsports noise. "At issue is whether the proposal requires a Development of Regional Impact study. Richard A. Wingate, an attorney representing West and Helen Hamrycka, who own a 30-acre horse farm across the street from the site, contended it does. Wingate said an impact study, required when multiuse developments exceed 40 acres and have a residential component, should have been conducted before the rezoning request reached the board. “There is no option to that,” he told the commission. “The board should not approve anything that would circumvent the DRI process.” But the revised zoning application Porter submitted Monday does not call for any housing. It shows a driving course, car, bike and kart rental, garages and clubhouse, along with shops and retail space. City Attorney Dana Miles said Porter’s revised application should clear up any talk about an impact study." Ever hear what racing cars will sound like, now listen to what the bikes will sound like, how about a single kart, a karting race?
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Community Support
For those of us who have no standing or who could not bear financial burden to hire a lawyer to fight this, we ask you to donate to the Hamrykas.
We know firsthand how fast legal costs mount.
We also understand times are hard, but
If enough people even just sent a few dollars in, this would ease the burden on the family that is fighting this in the legal arena and most importantly, it will COST the developer.
That is where we're going to have a dog in this fight.
Make him spend his money defending putting a Motorsports Park on top of our homes.
Dr. West Hamryka, legal fund
Protect your home, your financial investment and this pristine area from a loud, noisy, smelly Park by supporting this family.
By the time the park is in and the noise is here, it
will be too late.
It will cost us in so many ways in the long run if this is allowed in.
This is a community battle and no one should stand alone.
To those who have donated, Thank you!
Please continue to do what you can to help them.
Have a yardsale and donate a portion of the proceedings. Skip a dinner out. Sell something on Craigslist and donate the money.
Every cent donated will go to the legal fund and the fight will protect our area that much longer.
6/10 Community News :
http://www.dawsonnews.com/news/article/1896/
"According to city clerk Kim Cornelison a lawsuit was filed in Dawson County Superior Court May 7. She said the city has not yet been formally served."
While Carbon Motors may not be coming to Dawsonville
http://www.dawsonnews.com/news/article/1760/
Balanced Performance Motorsports is in negotiations with Porter to relocate their entire operation from Sugar Hill to the Dawsonville AMP complex.
http://www.dawsonnews.com/news/article/1896/%22
"Billed as the South’s premier repair and performance facility, Balance Performance Motorsports plans to move its entire Sugar Hill operation, which includes maintenance and fabrications, to the motorsports country club site that is expected to break ground in western Dawson County by fall."
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Michelle Post sent in the following recording of what life is like 2.5 miles from the NJMSP.
http://www.youtube.com/watch?v=fIs_vLjG2Yc
Michelle sends:
Private property not respected by the MSP enthusiasts
If you've noticed many 'Stop the Motorsports' signs are down:
Our signs were defaced by the "good neighbors" and supporters of the Motorsports Park and then the "illegal" signs placed on the right of way were removed by the County Marshal's officers, even the ones that were too close to the ditches at residential homesites.
Some signs were vandalized while others had stickers saying "Start" placed over the "Stop" the Motorsports Park.
Two young women were seen in a blue golf cart, stopping in the road, walking into yards and STEALING signs from Sweetwater Juno Road.
If you would like new signs to replace vandalized or stolen signs, we still have them, just contact us.
We would point out that this bad behavior is indicative of how these people have conducted themselves from the beginning.
Not only have we, residents and taxpayers, not gotten reasonable noise abatements, we have had the property we paid for vandalized and stolen, all in the name of this Motorsports Park.
It should give people pause as to what they have invited into our county.
This is just another layer of intimidation and a sad statement for all involved if this is acceptable behavior.
6/17: The Hamrykas had their signs stolen and contacted the police with a description of the vehicle and license plate number. It is our understanding they were told the police would only act if other residents had the same problem and contacted them with complaints.
When officials choose not to act, it is sending the message it's okay to steal or do what one wants to another person's property.
Again and again, it seems the residents of this area are being victimized and having that victimization justified and ignored.
4/13 - With zero discussion amongst the board on a decision that will highly impact adjacent residents, the City Council shamelessly approved the Motorsports Park with weak stipulations and no proper noise abatements other than sporadic dirt berms and bales of hay.
To read the stipulations, click here
WE WILL NOT STOP FIGHTING.
EACH PENNY WE SPEND WILL BE ONE THE DEVELOPER HAS TO SPEND.
As a community, we will be assisting the Hamrykas and Horners to raise funds to fight this travesty.
If you are willing to help, please contact us.
If you live here, this is YOUR fight.
STOP THE MOTORSPORTS PARK
Stop AMP Atlanta Motorsports Park
Make them move it to an appropriate area!
After having the New Jersey Motorsports Park marketed similarly to the one Porter is hawking, then living with a year of the noisy reality they were lied to, the sound "wouldn't be that bad", New Jersey residents launch their own website:
http://www.trackracket.org/
Be sure you click on their video
"A Not So Subtle Reminder".
Contact our Media
Fox 5 I team 404-875-5555
click above link
(provoking site not maintained by or affiliated with C4D)
KUDOS TO THE DAWSON TIMES
FOR THE FOLLOWING ARTICLE:
http://www.dawsontimes.com/news50000/atlanta-motorsports-park-controversy-continues.shtml
INDEPENDENT STUDY?
Below is the city "assessment" to the noise "study" presented by Jeremy Porter, when the noise "study" and assessments were evaluated, the question was asked:
"Is Dba LEQ the average sound over 24hrs ( or 16 hrs,) or is it peak?"
The response as follows is from Scott Walker Smith, President of Ballentine, Walker and Smith, Acoustic and Vibration consultants
www.bwsacoustics.com :
"It isn’t a peak level but I cannot tell you if it is a 16 hour or 24 hour average they are referring to. It is possible the 60 dBA reference is a general average. In my opinion, even 55 – 60 dBA is going to significantly impact nearby property owners due to the overall change in level above existing conditions. To put this in perspective, the City of Atlanta Noise Ordinance, Section 74-136 “Sound Level Limitations” prohibits daytime noise levels from exceeding 55 dBA during the day when averaged over 6 minutes. The City of Atlanta also prohibits levels from exceeding 65 dBC at all times and cites a violation of the ordinance if an officer finds the offensive noise to be “plainly audible” at 200’. The noise emanating from AMP should be plainly audible at a much greater distance than 200’. I find it peculiar that the City of
I reviewed data I have measured in the past and for cars and racecars, the C-weighted levels exceeded the A-weighted levels by 7 – 16 dB at any given time. I think I had mentioned 12 dB at the meeting which is still consistent with the majority of the data. Also, berms or barriers are relatively ineffective at attenuating low frequency sound. Therefore, the probability is high that noise levels at your property will exceed 65 dBC repeatedly throughout a normal day of operation of AMP. Low frequency noise of this magnitude is known to vibrate structures and cause windows to rattle. I expect property owners near AMP to be seriously annoyed."
In other words, we're going to hear it despite the efforts to massage data to downplay the noise enough to get this monster into our area, and then, we'll be in the same boat other residents in other areas are in that allowed a city or county to, what in fact amounts to lie to get in what they hope will be a revenue maker....at the resident's ultimate expense.
Fight this.
If the city and county want a motorsports park, make them put it in the proper area and do not give them your permission to put it adjacent to a residential area.
View the City Assessment to be considered at the March 16th City Worksession
March 2009 Newsletter
Read the Sound "Study" Assessment Mr. Porter submitted to the City
click here
View the sound range map:
To view a larger image of the above sound map, click here
Mayor and City Council vote to table decision until APRIL 13th.
"Too much information" to digest.
Porter turned in his sound study at 1:45 the day of the meeting, not in compliance with the Planning Commission request.
In our opinion, the noise study was less than favorable and clearly indicated the noise levels were far too loud to be adjacent to residential areas.
Local television stations were there with their cameras, filming the protest and the hearing.
No hard "facts" or solutions were presented by Porter to address questions or existing problems with noise levels.
To read what the Community News has published:
http://www.dawsonnews.com/news/article/1292/
More press:
http://www.wsbtv.com/video/18726603/index.html
http://www.11alive.com/rss/rss_story.aspx?storyid=126887
Ex-C4D board member, Mike Griffith, who was asked to resign due to conflict of interest, made disparaging public statements about C4D, published in the Dawson News and Advertiser.
To read about Mr. Griffith's emails on his interest in the Park and the response statements from President Brookshire and Secretary Schmitt, click here
LETTERS TO THE EDITOR
Be advised the papers are enforcing the 500 word LtE limit.
To contact the individual papers, click below:
lrobinson@dawsonadvertiser.com
kmangum@dawsonadvertiser.com
editor@dawsonnews.com
Michele@dawsonnews.com
kalbertson@gainesvilletimes.com
Ad in local papers week of 2/11/09, click here
does not belong in rural/agricultural residential Dawsonville, 8/10 of a mile from the Wildlife Management Area or on property that has Sweetwater Creek Watershed running 50 feet from such a development. It's inappropriate. It does not belong in the front or backyard of residents.
We're a community and we anchored taxpayers deserve better.
We're not against "growth", just "growth" that disenfranchises a whole community.
A man does not have an absolute right to do whatever he wants with his property and that's why we have laws, zoning and ordinances.
Our taxes were just raised based on higher valuations per acre.
"Club races" is fifth, finally, "track rental".
We didn't think so either. The following confirms it.
excerpt:"I've conversed with Jeremy via e-mail and he is definitly a karting guy. He's also a down to earth person. He asked that all karters know it's going to be a very friendly place for karters to race at."
Again, exclusive?
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Disturbing information sent to us by a gentleman via our web contact form:
Having read a bit about the proposed race track, here's a few comments: 1st, I'm a fan of bona fide motorsports--MotoGP, Formula1, IMSA GTP--in there proper place. They're the source of innovation (note NASCAR ain't in the list.) With only a 200' veggie barrier from the Dawson WMA, w/o better engineered sound abatement structures, this is the wrong place.
Your reference to 110 dB sound levels misses the probable sound pressure by 100x--as 130 dB is the actual sound pressure levels of MotoGP and AMA superbikes w/o mufflers, and several race car platforms. (Decibel scales are logarithmic, the difference in 110 and 120 is 10-fold, 110 to 130, 100-fold. http://www.phys.unsw.edu.au/jw/dB.html )
Also, the runoff from tracks--tire crumbs, oil, coolant, leaded fuel--still available in racing, and garage washdowns is a real threat to the local water resource as there is certainly no proper wastewater treatment facility.
This development can possibly be done properly, but it can't be done right on the cheap.
Only if Dawson Co. steps up to the plate and requires smart designs (and restricted operating hours) will this not be a disaster. Good Luck
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To read Vice President Terri Tragesser's statement to WXIA reporter Randy Waters, click here
Despite Mr. Porter publicly telling potential investors he had the Planning commission vote in 'unanimously' in favor of, the City of Dawsonville Planning Commission voted 2 nay, 2 yea on the rezoning which will allow Jeremy Porter to put a Motorsports Park in a rural ag, residential area.
Claire Sharp broke the tie in favor of.
The following items were presented by C4D President, Cindy Brookshire:
To those who think this noise will not be "that bad", think again!
We have testimony from a New Jersey resident who lives 2 miles outside the NJMSP.
1/12/09: C4D has been contacted via our webmail by a resident who lives 2.5 miles from the New Jersey Motorsports Park. Ms. Post has shared a letter to the editor with us which she sent in response to the noise she and her neighbors live with. C4D has sent this letter to the City, the Planners and the County Commission.
We would like to assure all readers that ALL officials, City and County and the papers that ran the editorial received the contact information to verify the events and material we have posted.
We have also shared it upon request with a local HOA leader so they may verify the contact and content.
Michelle Post wrote the following to us, please read it:
“… I hope to organize the members of the community who are impacted by the noise. My god, we can't turn it off. I can't even have my morning cup of coffee and read my newspaper outside in what once was the sanctuary of my backyard. I live 2.5 miles as the crow (or noise) flies."
"We are done for as everyone bought into the declarations of the city official and race track promoters. Now we have a track that will completely change the intrinsic makeup of this once pristine, rural and scenic area. Yes, we have lots of poverty and people need jobs, but this track comes at the expense of the diminished quality of life of residents in a 3 mile area."
"I am attaching a letter to the editor of our local newspapers that I wrote complaining of the noise generated by the racetrack. I live 2.5 miles from the track and do not let anyone tell you that you will not hear the noise and it will not effect your quality of life. The noise from the track has utterly transformed our peaceful, quiet, rural countryside. From April thru November, every day, from 8am to 6pm we suffer the intrusion of the noise of racing cars. Some days are quieter than others, and some days you can't escape it even if you are inside your home with the windows shut. We can no longer relax in the privacy of our own backyards.”
“One thing you did not mention (or I failed to read) is the negative effects on real estate values. The diminished quality of life is a direct deterrent for folks wanting to relocate to this area and will avoid anything in a 3 to 5 miles radius of any racetrack. If you know someone who would like to buy a really nice house near NJ
While we have truncated her contact info. for the website to protect her privacy, we have left it intact in the letter sent to officials for verification purposes.
To read her letter she sent to her local paper, click here.
If you are just finding out about the Motorsports Park, please scroll down this page to "Current News" and read the letters we have submitted to officials on behalf of residents.
From the Dawson Community News:
http://www.dawsonnews.com/news/article/928/
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To listen to sounds and view a relatable decibel measure with fluctuations as you listen to them, please click here.
Scroll below for more archived information on the Motorsports Park
Welcome to our organization! Election Results
C4D is a nonprofit 501(c)4 nonpartisan citizens group formed by and composed of concerned and proactive residents for Dawson County at large.
We believe all residents of Dawson County can enjoy a quality life through a shared vision.
That goal will only be realized through united community activity.
Citizens4Dawson are united to support the best possible future for our beautiful County by encouraging open door and responsive government, wise public policy, and responsible growth practices, because we care about the health and future of Dawson County and about the quality of life for all the residents in our county.
Homestead exemption, school tax homestead and conservation/property tax reduction pass
To read more on these topics and to view election results, please visit our voter link.
State Election Results from the Secretary of State website
A private nuisance is defined as:
Archived News on the MSP
Motorsports Park Club proposed for Duck Thurmond Road on annexed Elliott property was approved April 13th, 2009.
No decent noise abatements given to residents.
County Development Authority support given because this type of venture is being marketed as "recession proof", however, news stories clearly show Motorsports is in trouble at all levels.
To view the proposed track design, click here.
To view the proposed location in Dawson County, click here.
For Atlanta Motorsports Park main web page, click here.
Letters of inquiry and to open discussion have been sent to all officials.
To read the letter C4D delivered to the Chairman of the Board of Commissioners and the BoC, please click here, to access the letter sent to City Council and City Planners, click here, for the letter to the founder of AMP, Jeremy Porter, click here.
In October we sent a request to open discussions about the project and our concerns from both the City and Jeremy Porter.
Jeremy Porter has spoken with President Cindy Brookshire and says he wants to work with citizens for a good outcome, but gave no commitment to specifics we would have like to have seen him willingly embrace.
AMP hopes to break ground this Fall.
What is nuisance noise?
Black's Law Dictionary defines nuisance as:
"That which annoys and disturbs one in possession of his property, rendering its ordinary use or occupation physically uncomfortable to him." Black's Law Dictionary (Rev. Fourth Ed. 1968) 1214.
"..anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another. (Citations omitted). As distinguished from public nuisance, it includes any wrongful act which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof, or any act which unlawfully hinders them in the enjoyment of a common or public right and causes them a special injury different from that sustained by the general public." Black's Law Dictionary (Rev. Fourth Ed. 1968) 1215.
The planned 200 foot vegetation barrier is not sufficient.
Bales of hay will not stop this noise. They rot, they become vermin nests, they hold mold and cannot adequately contain the noise that will be generated.
The natural gully Mr. Porter is relying on to break the noise is not going to be sufficient.
It is in fact an echo bowl.
Charlie Auvermann, of the development authority has put his stamp of approval on it and has been quoted as saying he worked with Porter for 6 months prior.
To get an idea of the noise, we strongly advise you to refer to the decibel charts in the city letter and keep in mind, based on topography and barriers, both natural and man made, this type of noise can travel for up to five miles.
Many racing facilities operate for up to 11 hours per day. To hear what Motorsports Park noise sounds like, click here.
This facility also plans on karting and motor bikes.
Some C4D members have expressed growing concern about the location of this venture to streams and creeks as well as its proximity to the Wildlife Management Area.
Again, this park will be less than a mile from Wildlife Management Areas.
It is our concern that if the track is laid, and the proposed "driving" park does not come to fruition, it will become a public to semi-public (event) racing/karting track.
Given the location, this is not acceptable. Though Etowah is planning to put a million gallon tank in the area with service line capabilities in the near future, we understand the racing park has planned wells.
Dawson County posts 2006-2026 COMPREHENSIVE PLAN on their website
Wouldn't you like to read the most important documents that Dawson County produced?
Click HERE to go there now.
United We're Strong!
contact us
Citizens 4 Dawson, Inc.
P.O. Box 724
Dawsonville, GA 30534
