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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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Friday, September 12, 2003 Newton may be Reaching end of its Off-Road Rope By Lois Marchand - Eagle Tribune Staff Writer
NEWTON -- The roar of four-wheelers may soon be absent from country
recreational trails, fields and woods as selectmen ponder a ban of
off-highway recreational vehicles on all town-owned property.
Selectmen have scheduled a hearing Monday at 7 p.m. at Town Hall on the
proposed ban.
"Abuse of town property by OHRV users has become intolerable," said Donna J.
Cushing in a letter to selectmen, penned when she still served as chairwoman
of the town's Conservation Commission. "It is time for the town to act
responsibly and to protect our natural resources," she said.
Cushing resigned earlier this month largely in response to the continued
battle between conservationists and off-road motoring enthusiasts.
Under state law, OHRVs -- also called all-terrain vehicles -- include trail
bikes, snowmobiles, all-terrain vehicles and any mechanically propelled
vehicle running on tires, belts, cleats, tracks, skis or a cushion of air.
Town Moderator Robert Dezmelyk said he believes the change should be voted
on at Town Meeting..
"I would put a change of this magnitude in front of all the voters," he
said. "On a personal level, I think we should attempt whenever possible to
allow the broadest variety of uses that are consistent with public safety
and conservation of the environment on our public land," he said.
Cushing, though, wrote that the Conservation Commission urges a ban on all
OHRV use, in light of the continuing damage caused by motorized vehicles on
town conservation land.
She said the town has a legal obligation to pay damages to privately owned
farmland abutting the town recreational trail known as the Peanut Trail.
Months of legal wrangling ended earlier this year -- pending appeal -- with
a Rockingham County Superior Court judge awarding the trail to the town, but
ordering $400,000 in damages paid to an abutting farmer.
Cushing said the court award in the Peanut Trail case shows the town can be
held liable if people stray from town land onto adjacent private land. She
said in addition to the Peanut Trail, other town property including Busch
Farm, land on Courierville Road and Low Road, as well as parcels off Pond
Street and Hadley Road, all present similar liability exposure.
The Conservation Commission sent letters to abutters of the Busch Farm
property earlier this year asking for cooperation from residents to protect
wetlands and sensitive habitats for plants and wildlife identified on the
property. She said as the property owner, the town may be subject to
Wetlands Bureau fines for allowing the damage to occur.
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