The Howard County Board of Appeals on Thursday voted three-to-one to approve Charles Siperko’s application for conditional use, allowing him to keep the go-kart track he built in his backyard, but with a list of specific restrictions.
Siperko’s neighbors, however, say “Not so fast,” and plan to bring the case to court.
The hotly disputed issue between neighbors in the rural area of western Howard County has been ongoing since 2023, when Siperko built the track for his son, who wants to be a race car driver. The neighbors were upset that Siperko had not informed or consulted them he was building a go-kart track, nor had he filed any permits with the county to have the work done. His petition for conditional use was filed after the fact, once he learned he needed to clear the plans with Howard County and adhere to certain Department of Planning and Zoning regulations.
Neighbors want the track removed because of noise and environmental concerns. In Thursday’s hearing, attorney Sang Oh, representing Siperko, and attorney G. Macy Nelson, representing the group of neighbors, each gave a 10-minute summation of their arguments. The Board of Appeals had the chance to ask questions of the attorneys, then went into closed but public deliberations.
Board members present were Gene Ryan (Chair), Felita Phillips, Lynn Foehrkolb, and Robbyn Harris. Howard County Solicitor Tsega Girma Kyere was present to provide legal clarification to the board if necessary.
Ultimately, the Board voted three-to-one in favor of allowing the track to remain, provided Siperko modify the track and adhere to certain restrictions. Ryan, Phillips, and Foehrkolb voted to grant the application, and Harris voted to deny it. The restrictions and conditions placed upon Siperko maintaining the track are:
- Driveway access will be closed off by a physical barrier when the track is in use
- Go-karts are permitted to be used no more than two hours per day, no more than five days per week (a reduction from three hours per day, six days per week proposed)
- No more than two go-karts are permitted on the racetrack at a time (a reduction from three which had been discussed as possible)
- Adult supervision on site for minors during the track use
- Adherence to 100-foot setback from neighboring properties
- Use of low-emission tires on the track to reduce microplastic shedding
- Tire track cleaning and monthly sweeping of tire debris
- Native vegetation buffer
- Hybrid buffer screen (one shade tree every 40 feet, one evergreen every four linear feet)
- No use during heavy rainfall or within 12 hours of a major forecasted storm
- Stormwater management plan to include runoff interception to capture surface flow from the track area
When the hearing was over, Oh told reporters that the Siperko family will comply with the law, acknowledging the family has a lot of work ahead of them to plan and modify the track.
“We’re pleased with that decision,” Oh said. “We think they followed the law, but honestly, we have neighbors that are angry with one another, it’s a tough situation, so we’re hoping that we can move forward and heal.”
Nelson told reporters that neighbors plan to appeal the decision to the Circuit Court, because there are a series of legal issues that need review. These questions involve matters of zoning ordinance, jurisdiction, covenants that govern the land use, and more.
“We got three or four or five years of work ahead of us,” Nelson said. “This case is not going away. We have very strong legal issues. Our firm does a ton of appellate work, and we’re going to press these issues until the end because, with all due respect to the Board, they erred legally in very serious and fundamental ways and we’re going to press those points on appeal, hard.”
One potential legal point might center on the noise. The Board of Appeals did not request a noise study at the Siperko location, relying on the study provided by the petitioner. In that study, the Siperkos had transported the go-kart driven by their son to a track in Florida operated by GeoSonics/Vibra-Tech, a company specializing in monitoring vibrations.
Jeffrey Straw, vice-president of the company, testified about the testing of Siperko’s go-kart, though he was not present for the test itself. He said that while the single go-kart tested under the legal limit of 65 decibels at 63.4, he predicted if a second go-kart was added to the mix, the decibel level would increase to 66.43, which exceeds the limit.
Additionally, the GeoSonics test was for a duration of one lap and took place in a location with relatively flat topography. The Siperko property sits at the bottom of a bowl-shaped area of land, with neighboring properties around it at more elevated levels. This can create an amplification of sound as it travels uphill, also sometimes called the “amphitheater effect.”
The Board of Appeals will prepare a written decision outlining their vote and the conditions placed on the use of the go-kart track on the Siperko property. The neighbors’ group has 30 days to appeal to Circuit Court once the decision is recorded.
*Editor’s note: A previous version of this article included incorrect information about sending the decision to Maryland’s attorney general. Baltimore Fishbowl regrets the error.
