LYNDEBOROUGH

Selectmen have filed a request for reconsideration of a ruling concerning the town's requirement that Laurent Boisvert have a site plan review of his proposed all-terrain vehicle park.

Judge Robert Lynn ruled that because the site is private property, which will operate under the state trails program, a site plan is not required.

The town may, Lynn said, regulate ancillary uses such as hours of operation and parking through ordinances.

Selectman Dwight Sowerby said Tuesday the town has to file for reconsideration in order to present two additional arguments if they are to be considered if the town later files an appeal.

Sowerby said the town's attorney will argue that for neighbors of a state-owned property that is to be used for ATVs there is a process for public hearings concerning placement of trails, parking and other issues. If the trails are to be on private land, there is no hearing process.

Also, Sowerby said, trying to establish townwide ordinances to control the proposed operation would be next to impossible. Selectmen recently proposed such an ordinance that would have required anyone planning an event expected to draw 100 people to file in advance for a permit. The idea was dropped when many people objected to it, citing weddings, funerals, church and school functions.

Sowerby said the selectmen have not decided on a course to follow if the request for reconsideration is denied.