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Jeep Golf runs off course, as county posts stop work order

JOSH DAVIS/BAYSIDE GAZETTE
The former Deer Run Golf Club, now called Deer Run Offroad Jeep Golf, remains closed because of a stop work order from the county.

By Josh Davis, Associate Editor

(Sept. 20, 2018) Deer Run Offroad Jeep Golf on Logtown Road in Berlin remains closed following complaints from neighbors and apparent violations of a county agreement.

A stop work order from Worcester County Environmental Programs hung on the front entrance as of late last week. The former Deer Run golf course rebranded and reopened earlier this year after several years of inactivity.

On social media, representatives from the course posted on Sept. 5 they were “Still working hard out here can’t wait to see everyone again soon!” and, on Aug. 31, “Good will prevail over evil, the truth will come out and be told!”

The Gazette reached out for additional comment.

“Not yet, but we are getting screwed even with a CO [certificate of occupancy] to open since June 2nd,” a representative said.

Mark Cropper, an attorney representing Charles Nichols, a neighboring property owner, said environmental violations and a breach of a board of zoning appeals agreement had shut down the course.

Cropper cited a 2017 presentation from Justin Hearne delivered during a Nov. 9, 2017 Worcester County Board of Zoning Appeals meeting. Hearne was requesting a special exception “for the use of land for an outdoor vehicle obstacle course in the A-2 Agricultural District,” according to the meeting agenda.

A 25-page PowerPoint presentation shown during the meeting, titled “Deer Run Off-Road Park” by Justin Hearne, said the concept was “No different that the Golf Course, but for Jeeps and Families to enjoy the great area Deer Run can provide.”

According to the presentation, “The facility will have members who wish to take their Jeeps on an off-road course, through tall grass, over the sand berms, and off the normal cart paths.”

An obstacle course was to include “rocks, utility poles, road barriers, old tires, modest hills, and crushed concrete.” The presentation added, “This area will have the feeling of a true obstacle course.”

“We will be repurposing the existing property to be a viable business with no new significant changes. It will create revenue and positive press for the County,” the presentation said.

According to meeting minutes, Hearne, Pete Cosby, Brad Hoffman and property owner Ed Colbert provided testimony on behalf of the course, while Cropper, Nichols, Chris McCabe, Dave Wilson, Frank Sica and Michelle Hammond opposed the request.

A motion to approve the request resulted in a 3-3 draw, and thus no approval.

However, a modified agreement was struck following a May 10, 2018 board of zoning appeals hearing. A “conditions of approval” document attached to the agreement required that Jeeps “only be used on the golf course in lieu of golf carts and not for any other type of amusement or activity” and the course “shall never be used as a vehicle-oriented outdoor commercial recreation activity such as Jeep Week, Jeep Jamboree or otherwise.”

“There shall be no vehicle obstacle course of any kind … Jeeps must remain on the existing jeep paths,” the agreement said, adding in order to expand cart paths, “the applicant must first inform Charles Nichols and give the neighbors not less than 30 days to comment before submitting any such request to the Board of Zoning Appeals.”

Cropper, in an Aug. 31 letter to County Zoning Administrator Jennifer Keener, said those conditions had been violated.

He cited an Aug. 16 inspection department of environmental programs report that concluded, “it appears that excavation of an additional pond, amongst other observed disturbed areas, has occurred. This pond is being utilized as an obstacle where Jeeps drive through the pond.”

As a result, a stop work order was issued on Aug. 20.

Cropper also referenced an Aug. 23 inspection by the department of development, review and permitting that “noted certain violations of the conditions of the special exception.”

He said a third inspection, Aug. 24, found “excavation of earth moving activities were also observed and photographed during the inspection. These activities were conducted in order to modify the condition of the existing golf course to create obstacles and obstructions for Jeeps/vehicles to navigate through.”

“It is clear from the reports from DEP … that Logtown has completely ignored and knowingly violated Item 3 of the Stipulations and Conditions,” Cropper said, adding the “creation and existence of obstacle courses throughout the site … are in blatant violation of the special exception conditions.”

Cropper said the letter was a formal complaint on behalf of his client and, “My client has instructed me to pursue the enforcement of the special exception conditions however deemed necessary, including, but not limited to, administratively or through the courts. I sincerely hope that litigation can be avoided.”