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September 06, 2012

Haler Heights Neighbors Clash Over Dirtbike Trails

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(LISTEN: Hear public comments from this council meeting. MP3 file, 8MB)

Haler Heights resident Jimmy Young said he was just trying to do something nice for his son and his son's friends when he bought more than four acres of vacant land at the end of MacArthur Drive.

Young, a city firefighter, envisioned the wooded valley as a place where the kids could safely ride all-terrain vehicles and dirt bikes. But some of his neighbors say the noise and dirt are creating a public nuisance, and they're prepared to take him to court.

"Now, I might get sued, and I'm thinking, holy cow, what have I gotten myself into?" Young said.

More than 50 residents who live in the area of Arnold, Halsey and Wainwright drives attended Wednesday's city council meeting. Some carried signs supporting Young, but others complained that the dirt bikes are disturbing the neighborhood and lowering property values.

Mayor Michael Cherepko said he's going to try and mediate the dispute and reach a peaceful solution. "Every so often an issue comes up that divides a community," he said. "We're looking to help resolve this."

. . .

Dirt bike and all-terrain vehicle enthusiasts can have a hard time finding places to ride. Most hiking and biking trails, including those around McKeesport, don't allow motorized vehicles, except for wheelchairs. Although they generally can't be driven on public streets unless they're licensed, they typically are legal for private use on private property, with permission from the property owner.

Young and his wife, Marcie, had long had their eyes on four wooded parcels, spanning nearly five acres, between their home on Arnold Drive and nearby Halsey Drive. The property once included a sandlot baseball field, but had fallen into disuse for more than 20 years.

When the owners decided to sell this summer, Young purchased the land. Besides dirt bikes, he thought the family might be able to host paintball games and other outdoor sports. He and his friends cleared trails through the property using chainsaws.

. . .

That's when the complaints began. Petitions began circulating in the neighborhood.

"Imagine you're in your pool, it's Saturday afternoon, you've worked all week," Denise Colbert of Arnold Drive said Wednesday. "Fifty feet from you, there are 10 kids riding dirt bikes and three adults riding ATVs. I don't how long any of you could stand that on a Saturday if you wanted to relax."

Attorney Daniel Beisler, who represents William and Noreen Dirling of Halsey Drive, said his clients' home adjoins the property that Young purchased. Noreen Dirling's asthma is being aggravated by the dust kicked into the air by the dirt bikes, Beisler said.

"They want to have something for these kids to do, but if it's affecting someone's right to enjoy their own private property, then it becomes an issue," Beisler said.

. . .

Several neighbors said they're concerned about rumors that Young plans to open the property up for public use. Young told the Almanac that the property will only be used by his family and their invited guests.

"I have had a lot of interest in it, and I thought about inviting people up there," he said. However, because the property is zoned only for residential use, "I realized that the only kids who would legally be able to ride are my kids and the next-door neighbor kids," Young said. "It's not like I'm waving a flag and saying, 'Come on out to McKeesport.' It's going to be for my kid and his friends only."

Neighbors allege that Young is violating deed covenants written when Haler Heights was developed in the 1950s. City Solicitor J. Jason Elash said deed covenants are not enforced by municipal governments, and that residents would have to file civil suits in Allegheny County Common Pleas Court.

. . .

"To a person, along that side of Wainwright Drive, I've heard complaints about the noise," resident Beatrice Longo said. She asked council Wednesday to investigate whether Young was in violation of the city's zoning ordinance for turning a residential lot into a recreational area without asking for a variance for a so-called "non-conforming use."

Not all of Young's neighbors are against setting aside the property for dirt bikes. "It's not like it's in your backyard, it's in a valley," said Ryan Palmer of MacArthur Drive.

"There is nowhere for kids to go in that neighborhood," he said. "For someone to try to get kids to do something outside, a little more recreational, instead of sitting inside burning their brains all day ... I'm all for it."

. . .

Access into the property is restricted by a chain, and Young said his kids are required to walk their ATVs or dirt bikes across the street to comply with the state's motor vehicle laws. He said he's willing to take steps to mitigate the noise, including restricting the hours that the property is used.

However, Young said, at the same time he wants the right to use his private property as he sees fit. For now, his son and his friends are continuing to ride their dirt bikes on the land.

Beisler said his clients would probably be agreeable if Young created a buffer zone between his property and the surrounding houses. Young said he's looking forward to working out a solution with the Dirlings and his other neighbors.

"I didn't do this to interfere with somebody else's peaceful back yard at all," Young said. "I mean, if I had someone next door pounding loud music all day, I can understand how that would be annoying."

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