Courtroom at Town Hall
7:00 P.M.
Members Present: Peter Kahn, Jim Taylor, Tim Tenhave, Karen Mattor, Lynne Wenz, Shannon Barnes, Charles Buker, Mike Ruggiero, Debra Huffman, Harold Watson, Newton Coryell, Ruth Roulx, David Rutzke, Janet Cormier, Connie Kreider, Roger Blais, Denise O’Dweyer, Andy Powell, Bill Keating, Sue Siena and John Buckley.
Also Present: Jay Minkarah, Community Development Director; Captain Doyle, Merrimack Police Department, and Scott McPhie, Community Resources Planner.
Call to Order: Debra Huffman called the meeting to order at 7:10 PM.
Announcements: Debra Huffman reminded the committee that there would be a training session on 4/12/03 for the wildlife inventory to be conducted with the Audubon Society.
Presentation: Captain Doyle of the Merrimack Police Department spoke to the committee about safety and enforcement issues. He informed the committee that how the property is established would determine what could be enforced. If it is designated as a park, they can enforce park ordinances such as no OHRV use, no alcohol, no fires, no glass, no smoking, etc. If it is designated as conservation property and is placed under the conservation ordinance, they can enforce those specific regulations. If it is designated as conservation property and not placed under the conservation ordinance, they can enforce state statutes such as criminal violations, OHRV violations, underage drinking, and Fish and Game violations. Any additional ordinances, such as dawn to dusk use, would have to be adopted by the town before they could be enforced by the MPD.
As the property currently exists, no specific rules other than the state laws can be enforced. For example, shooting is allowed unless they violate state laws by shooting within 300 feet of a home or before or after permitted hours.
In response to questions, the following points were made:
· Posting the rules at the entranceways, such as is done at Veterans Park, would be sufficient to permit enforcement once the town decides on restrictions.
· The MPD can enforce all state laws, but they might choose to call in Fish and Game or the Liquor Commission if a large problem develops.
· The MPD will conduct preventive patrols using their OHRV and will aggressively enforce underage drinking and other laws. They are aware that this property has been a problem for abutters and they have had a number of complaints. (If the town restricts OHRV use, police use of an OHRV is exempt from that restriction.) They will also use their bike patrol to aggressively enforce existing laws.
· If the committee designates an area for OHRV use, the ordinance is enforceable at the time that the town approves it.
· If coyote become a problem, the Animal Control Officer can get involved. The habitat will determine which species thrive - more rodents encourage more coyote. More browse encourages more deer.
· Hunting hours are determined by the state, but target shooting is based on 'reasonableness.' If the MPD receives a complaint, they will determine whether the target shooting is reasonable at that time and location.
· Since the gun club is located near the property, residents might be hearing shots from the gun club rather than the Horse Hill property.
· If camping were allowed, campers would need a permit to build a fire. The volume of campers would determine if it would cause a significant problem. Issuing group permits only would help.
· If OHRV use is permitted, Captain Doyle anticipates that it would draw a significant number of OHRVs from surrounding towns, just as the skateboard park drew users from Manchester and other towns. They might have to station an officer there for between 8 and 16 hours on certain days.
· Bill Harris, of Dahl Road, commented from the audience that he did not believe the property would draw users from out of town due to its limited size. Captain Doyle stated that when they respond to ATV complaints the riders often say they heard about the location by word of mouth.
· A gentleman from the audience commented that ATV use would be a convenience for a few guys to do some riding. They don't drink and ride. Opening it up would cut down on calls about people riding where it is illegal. The town would get revenue from people coming to buy gas and food.
· The MPD does not currently get complaints about the ATV trails near the landfill. It was noted that people might not bother to call since they can't prove who did what damage.
· It was noted that since the land does not connect to other trails, most users would have to trailer to it. Only those who live within a distance to walk their dirt bikes or ATVs to the property wouldn't need to trailer in.
· A resident-only sticker would be enforceable, but the police shouldn't be put in a position to check for stickers all day. If they stop a rider for another violation they can ask to see their sticker.
· If a rescue is required, the Fire Department has equipment to suit up and go in to get them, or drive in depending on the area. Helicopter evacuation might be required in some areas.
· Emergency call boxes are not practical except in public buildings.
The committee thanked Captain Doyle for a very informative presentation.
Discussion on ATV use continued.
Chuck Mower, 4 Depot Street, spoke from the audience about the issue of public trust. Everyone has ideas about how land should be used, but since we own it in common we must realize that we have been entrusted with ensuring that the land is put to its highest and best use, both in terms of what is best in the long term for this parcel and for the current community.
Debra Huffman stated that Selectman McKinney of Allenstown contacted her after the committee's last meeting to share what that town has faced. Bear Brook State Park allows winter access for ATVs on snowmobile trails. Snowmobilers stay on the trails; ATVers do not. The state wants to open the trails to ATVs in the summer and local towns are fighting it due to their extensive bad experiences with ATVs. Selectman McKinney sent information on the American Pediatrics Association position statement on ATVs and the state regulations for ATV trails, and advised the committee to think long and hard before permitting ATV use.
John Buckley spoke with the town manager in Bedford. They prohibit ATV use on any town property, and they have had little pressure to change the rule. They do permit snowmobiles on an existing trail on the Joppa Hill property.
Shannon Barnes presented a tally of community feedback: 17 residents against ATV use, 14 for ATV use (of which 3 were minors, 2 were siblings; 2 were for limiting it to the power lines and sandpit only.)
Roger Blais announced that he is organizing an ATV club and distributed a rough draft of their charter. It was suggested that the club focus on all Merrimack property, not just on Horse Hill, and Andy Powell said he would be happy to work with them to evaluate ATV use on all conservation commission managed property.
The committee determined that a modified version of the state definition should be used to define an ATV as "a wheeled recreational vehicle narrower than 50 inches and weighing less than 1000 pounds."
The committee then completed the worksheet created by Jay Minkarah to assist with the discussion. See the attached completed worksheet. During the discussion the following points were made:
· Answers on the worksheet assume the following: The trails are managed by an active ATV club; all state requirements for ATV trail development are followed; a limited area of the property is designated for ATV use; riders stay on the designated trails; a mechanism is in place to determine if the ATV club is performing to town expectations; ATV use will be terminated if the club does not perform to expectations.
· It was noted that the experience of other towns in the state and national studies show that they do not stay on the designated trails.
· Volume of traffic will determine environmental impact. With the existing number of users, damage has been minimal although erosion on the power lines has been noted. As volume increases, damage will increase.
· Several members expressed the opinion that there are other properties in town that are more appropriate for ATV use. One member noted that approving ATV use today does not mean that the community won't find a more suitable location in the future.
· Regarding the landfill property, it was noted that if a transfer station is built on Lawrence Road there might be additional safety issues with that property.
· Of the 970 acres of town property managed by the Conservation Commission, only 180 acres are managed under the conservation ordinance, which prohibits ATV use. The rest is open to ATVs. Park properties prohibit ATVs.
· The Nashua Regional Planning Commission identified this as the #1 property to preserve. The committee was reminded that to promote wildlife diversity a 500-acre minimum is required for many species.
· The power lines provide a field habitat for a variety of animals to nest and feed. This habitat is becoming more rare in southern New Hampshire.
· If use is limited to the power lines and sand pit, accidents will increase. Riders need a loop to go some distance. The loop can be for one-way traffic to minimize accidents.
· ATV trail construction would require more cost and labor: bigger bridges, heavier base, proper drainage, etc.
· Animals will follow all trails, including ATV trails. It was mentioned that the noise of ATVs might disrupt wildlife, but also mentioned that animals have become urbanized.
· An inventory of historical components should be compiled.
· ATV trails are not appropriate for most other users, due to rutting and safety concerns, although it was noted that horseback riding and ATVs can coexist if precautions are taken.
· Passive use would be disrupted by ATV use. The noise and smell are disruptive to bird watching, mountain biking, walking, etc. Passive users do not have an organized lobbying effort as the ATVers do.
· If a few machines are in the distance it is annoying, but does one person's pleasure give them the right to eliminate that annoyance?
· It is unknown how many residents would benefit from ATV use versus the number who would benefit from passive use. If a large number would benefit, it means a large number would be on the property, which could totally eliminate passive uses. We can't control the number of machines on the property at one time.
· The town must balance competing interests. The committee should consider using timed access, like allowing ATVs on the first 14 days of the month. It was noted that restricting access time might increase noise and impact during those days.
· Additional parking space will be required for ATV trailers to turn around and park. Ledge might limit the size of the Naticook Road parking area.
· The ATV club would have to receive regulatory approval from DES and negotiate with PSNH for access, and should arrange for funding for increased trail costs.
· An emergency evacuation plan must be developed for any use of the property.
· The management plan will deal with fire access.
On a motion by Andy Powell and a second by Jim Taylor, the vote on ATV use was postponed until the next meeting.
Reports from Subcommittees:
§ Trash Clean-up subcommittee - Tim Tenhave requested that everyone interested in helping with the clean up day please contact him or John Buckley this week. Andy Powell reminded everyone that wetlands couldn’t be entered, even to pick up trash. Harold Watson reminded everyone that the ticks are out already so be prepared.
Adjournment: The meeting adjourned at approximately 10:30 p.m.