Two More Road residents say their neighborhood has been overwhelmed by an onslaught of loud all-terrain vehicles.
By: Alec Moore
Noisy neighbors can be difficult to quiet down, but the township has been hoping to find a way to try.
Township Administrator Judith Haas began investigating ordinances in other communities regulating recreational uses on residential properties after More Road residents Mike Cascio and Tom Huber went before the Township Committee Aug. 8 seeking help in their efforts to restore peace and quiet to their neighborhood.
The neighbors say their neighborhood recently has been overwhelmed by an onslaught of loud all-terrain vehicles.
"An unrestrained circus of people come and ride ATVs on this property," said Mr. Huber. "It’s very loud, it’s very disturbing, it creates a huge amount of dust and it’s something that we put up with every day," he added, pointing out that the noise often prevents his 4-year-old child from sleeping at night.
"I have an honor student who likes to study at 4 o’clock in the afternoon, but I have to drive her to the library for peace and quiet," Mr. Cascio added. "We’ve reached a certain level of frustration with this and it’s getting to the point where it’s very difficult for us to enjoy our property."
Mr. Cascio asked that the Township Committee put an end to the use of ATVs on their neighbors’ property because, as Mr. Cascio sees it, riding ATVs on residential property is a violation of township zoning laws.
Mr. Cascio, who said he conducted extensive research on the matter, claimed that according to township code all uses not expressly permitted are prohibited, and since there is no mention expressly permitting the riding of ATVs under the township’s development regulations, that use must not be permissible.
Township Attorney Emil Philibosian, however, emphasized that the township cannot regulate the kind of activities residents engage in on their property so long as they are not in violation of the law.
"This isn’t a zoning matter, it’s a police matter," said Mr. Philibosian. "The key here is to police the activity, if the activity is detrimental to the public’s health and welfare. Certainly late hours, noise, dust … those kinds of things, in some circumstances, are abusive," he said.
The More Road residents said calls to the police had, at times, offered temporary relief from the noise, but the next night the neighbors were once again besieged by the dust and noise of the ATVs.
Mayor Joseph Tricarico, although sympathetic to Mr. Cascio and Mr. Huber’s dilemma, said there was little the township could do to help them.
"I understand your frustration and we will try to find a way to write an ordinance that would stop the activity so you could have some peace and quiet, but beyond that there’s not much we can do."
"I appreciate the fact that people have the right to use their property for their enjoyment," Mr. Cascio said in response, "but the noise doesn’t stop at their property line and the dust doesn’t stop at their property line and (my neighbors) don’t have a universal right to have a detrimental effect on my enjoyment of my property."
Mayor Tricarico asked Mr. Cascio and Mr. Huber if there were any way they could find an amicable solution to their problem with their neighbor; however, Mr. Cascio indicated that attempts at mediation had proved unsuccessful.
The dispute is now in the hands of the court.
Mayor Tricarico then asked Ms. Haas to look into an ordinance adopted recently by Rumson that effectively prohibited the building of recreational facilities, such as basketball courts and baseball diamonds, in residential back yards.
Ms. Haas noted, however, that the specifications outlined in the Rumson ordinance would not have covered the noise and dust problems cited by the More Road residents.