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| Protecting the Land and the Future of ATVs - Remember, nature's enemy is not outdoor recreation, but poor recreation management. | ||||||||||||||
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Wednesday, March 10, 2004 Lyndeborough Voters Approve Controversial ATV Ordinance By ANDREA BUSHEE - Telegraph Staff
LYNDEBOROUGH - After years of controversy, residents voted Tuesday to enact
an ordinance that will enable the town to regulate the use of all-terrain
and off-road vehicles on private property.
The measure passed, 308-136. The town had a 41 percent voter turnout
Tuesday. A total of 455 out of 1,119 registered voters ventured out to the
polls despite bad weather.
"It was very important to get this ordinance passed," said Lorraine Strube,
who won a second term as selectman in Tuesday's voting.
The controversy over ATV parks began in January 2001 after Laurent Boisvert
proposed plans he and his mother had to develop a private, for-profit ATV
park on 540 acres of land they own in town. In all, the Boisverts own 800
acres in Lyndeborough and Mont Vernon.
The Boisvert's neighbors, as well as the town's Planning Board, protested
the plans for the park.
After the Zoning Board of Adjustment rejected the plans, Laurent Boisvert
gave the New Hampshire ATV Club permission to build trails on the property
that became part of the state trail system, which is free for anyone to use.
Since then the matter has gone to Hillsborough County Superior Court and the
state Supreme Court.
State law says the town cannot regulate ATV trails on private property but
can regulate picnic grounds, rest areas, bathrooms or other facilities along
the trails, as well as trailhead parking and hours of use.
"There's nothing that says (ATV parks) can't be here. Our issue is that you
have to be cognizant of the needs of your neighbors, " said Strube.
The ordinance will limit the number of vehicles on the trails to 75 at a
time, limit the hours of trail use to 9 a.m. to one hour before sunset, and
limit speeds to 10 to 25 mph.
Under the ordinance, parking for trails must be accessible from approved
access roads, have at least two entryways, and provide ample room for
towtrucks and emergency vehicles to turn in, even when the lot is at full
capacity.
Also under the ordinance, high-intensity lighting must be limited to parking
areas, refueling areas must be available and identified and must consist of
concrete or non-permeable material, picnic areas must be accessible to
emergency equipment, the trails must not interfere with views or ridgelines
and may not be within 1,000 feet from property lines, and sanitation areas
must be present at picnic areas and screened by plants or bushes.
Roads used for access to the trails must be able to accommodate increased
traffic. If access roads need to be altered because of increased traffic the
facility owner must cover the cost.
In the selectman's race, Strube won after receiving 255 votes. Her opponents
in the race were Arnold Byam III, who received 154 votes and Sharon
Boisvert, who receive 43 votes.
Strube said the town is in the middle of many big projects she will able to
continue working on with the board. "It's a matter of continuing on with
business."
Before the election, Strube said she wanted to see the town develop more
revenue, replace the Old Temple Bridge and work on the intersection with
Route 31 before state grants for the project are lost.
"Being there for the people; that's what this board has been," said Strube.
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