Courtroom at Town Hall
7:00 P.M.
Members Present: Shannon Barnes, Andy Powell, Nelson Disco, Lynne Wenz, Jim Taylor, John Buckley, Cathy Provencher, Connie Kreider, Roger Blais, David Rutzke, Ruth Roulx, Chris Christensen, Newton Coryell, Harold Watson, Tim Tenhave, Mike Ruggiero, Chip Buker, Denise O'Dwyer, Janet Cormier, Debra Huffman.
Also Present: Jay Minkarah, Community Development Director; Chris Oliverio and Chris Ward of the Granite State ATV Association.
Call to Order: Debra Huffman called the meeting to order at 7:10 PM.
Announcements: Debra Huffman reminded the committee that the Board of Selectmen would be holding a public hearing on the property name and clean-up plan on 3/20 and invited everyone to participate.
Presentation: Chris Oliverio and Chris Ward of the Granite State ATV Association discussed the role of ATV clubs in ATV trail development, maintenance, and policing. They provided an overview of the resources available from the state, including grant money from the Department of Resources and Economic Development (DRED). DRED grants can be used to finance bridges, erosion control, and other forms of trail improvement. DES can provide a course on erosion control methods and required permits. Education and enforcement assistance is available from the Fish and Game department. State money is also available to assist local law enforcement.
The role of clubs such as theirs was discussed extensively. They stated that formation of a club is essential to successful ATV trail use. Members of the club take responsibility for planning, constructing, maintaining, and monitoring trails as well as monitoring riders to ensure that they are obeying all rules. "ATV Trail Patrol" monitors are a fairly new concept. They wear identifying clothing and patrol the trails. They are not able to issue tickets, but they use peer pressure to encourage adherence to rules. They provide written logs of activity to Fish and Game to assist them in identifying trouble spots. Clubs also provide training courses in first aid, CPR, and simple ATV repairs.
Under current rules, riders under 12 must be supervised by an adult. Riders 12 to 16 can ride without an adult if they have taken an OHRV Safety course, although a change is being considered in Concord to require a parent or guardian accompany all riders until age 16. The safety course if provided by Fish and Game.
In response to questions from the committee and the public, they stated that:
· ATVs currently share trails with snowmobiles in state parks.
· Steam fords are sometimes permitted by DES but are generally discouraged.
· Registration is required if you leave your own property and costs $65; the fine for lack of registration is $120.
· The Rockingham Trail is multi-use and they share the trail with horses, bikers, and walkers. They educate their members on how to approach a horse.
· To minimize damage, each year the state determines restricted use dates based on "mud season." Private trails put up their own signs restricting use.
· There are about 20,000 registered ATV users; about 5000 are in clubs.
· In their club of approximately 2000 members, 15 to 20 are in the trail patrol.
· They have permission to use PSNH trails in one small section and are working on a detailed plan to be granted more access to PSNH land.
· Riders tend to like challenging terrain, like steep banks. Appropriate signs can make it safer and less damaging.
· Having trails of varying difficulty is a good idea. Hopkinton State Park has a good variety of trails.
· State grant money is available only if the trail is open to all state residents.
· To minimize traffic, don't publicize it. Word will spread through the local club.
· If there are not many miles of trails, most outsiders won't come. Hard to say how much acreage is necessary, depends on how many miles of trails we snake through it.
· Before constructing trails, have DES walk the land. Do preventive maintenance before use to prevent damage and be sure to file for all required permits.
· If we have illegal use now, we'll have illegal use later unless they have a legal place to ride.
· Noise level is a concern to abutters. Modified exhaust systems should not be allowed. There are legal decibel limits.
· Forming a responsible club is essential before permitting ATV use. This point was made several times in response to several questions.
The committee thanked Mr. Oliverio and Mr. Ward for an informative presentation.
Discussion of motorized and non-motorized trail use: Jay Minkarah distributed a worksheet to assist the committee in evaluating suggested uses.
Bill Gray, President of a New Hampshire orienteering club, spoke from the audience to suggest that the committee consider orienteering meets as a potential use of the land. He stated that orienteering is fun for people of all ages. Young children learn to use maps, make decisions, and build self-confidence. He is familiar with the property and thinks it would be ideal for orienteering. His group would create different levels of maps for different skill levels. Several members of the committee expressed interest in the idea.
Chuck Mower, 4 Depot Street, spoke from the audience to encourage the committee to allow only passive recreation on the land. He spoke of the changes he has seen in Merrimack and the need for a place of quiet solitude to act as a counterpoint to the acceleration of hectic activity. He believes that the noise and speed of ATVs disturbs passive recreation.
Harold Watson stated that ATVs might have a place on limited areas of the land, such as the power lines. He spoke of the importance of seeing a potential ATV trail as part of a larger trail network, possibly extending from the power lines to the MVD land and looping back.
Nelson Disco distributed information on the impacts of ATVs in 40 national parks. The study found significant negative environmental impacts and found that ATV use was in conflict with passive recreational use, causing lasting damage to the parks. It was noted that the study did not include snowmobiles.
Lynn Wenz distributed copies of numerous newspaper articles concerning ATV problems faced in other communities. In summary, the articles indicate that when communities take on ATVs, they take on more than they expected in policing, etc.
Andy Powell noted that ATVs frequent the Grater Woods Town Forest. They cut steep trails on the hills, dig up muddy areas, and year after year they expand the mud hole. The Conservation Commission has attempted to work with ATV representatives to correct the damage, but they have been unsuccessful. He noted that when signs are put up to discourage use at Wasserman Park and the 80-Acre site, the signs are quickly torn down. The MCC sees a lot of damage from ATVs. Andy said that if there is to be any motorized use, a club must be formed that will be responsible for maintaining and policing it. He suggested that some of the 1000 other acres of town land might be more suitable for ATV use.
Debra Huffman noted that when the town had trouble with dirt bikes at the riverbank in the early 1990's, the BOS authorized them to build trails on the land next to the landfill. She noted that these trails are still used by dirt bikers today. Nelson Disco added that the dirt bikes have returned to the riverbank area and have torn it apart.
Shannon Barnes commented that the dirt bikes that use the land near the landfill also use a trail through her property. They have repeatedly ripped down her gate and shown no respect for the trail.
A gentleman in the audience noted that the ATVs will ride on the land anyway, but it isn't connected to other towns so there would not be excessive use.
Debra Huffman read a letter from Amanda Boerner describing her years of horseback riding on the land, during which she shared the trails successfully with ATVs. Debra noted that these are our neighbors, not strangers. We know the kids riding out there.
Nelson Disco noted that now that it will be a public property we would be opening it up to the whole town, which will increase use.
Lynne Wenz noted that she has seen more ATV traffic and more damage in recent years.
David Rutzke commented that Wasserman Park is posted for no motorized vehicles but he seems them going flying by. Maybe we could allow them around the sand pit but how would we keep them in that one area?
Chris Christensen noted that there are many bills in Concord to limit decibels and change age limits. If we provide a place that is appropriate maybe it will limit abuse in other places, especially if there is a club to control it. He is reluctant to tell those who have been using it that they have to stop.
Shannon Barnes commented that if the town allows ATVs, there must be a monitoring system to observe the activity, abuse, erosion, etc., and log the problems. We should define the critical point when they lose the privilege.
Debra Huffman suggested that a one-year trial period might be considered.
Nelson Disco said that he heard the presenters suggest a different sequence - that a club first take responsibility, then build appropriate trails, then open it up.
John Buckley agreed with Nelson that we should listen to what the presenters said. He noted that of all registered ATVers, only 25% belong to clubs and only 1% of them are monitors. The only recommendation we could make would be to encourage a local club to get established.
Newton Coryell and Andy Powell noted that this is how the snowmobilers did it. The SnoBuds worked with the town to organize themselves.
Tim Tenhave suggested we evaluate ATV use against the goals.
A woman in the audience asked if the town would have a chance to vote on the committee's recommendation. She voted for the property to have a legal place for dirt bike riding. Chris Christensen said that anything enforceable by the police must go to a town vote.
Debra Huffman said that there are kids out there now and wondered if it wouldn't be better to channel them to an area than to forbid use. John Buckley countered that there are also target shooters there now, but that doesn't mean we should always allow that use.
A gentleman from the audience suggested that before advertising the site, we should build bridges, etc., but allow current users to continue riding for now while we build bridges and improve the trails.
Newton Coryell stated that he doesn't expect much volume. If someone is loading up bikes or ATVs, they want the most bang for their buck. It's land locked. It's better to go to the landfill property.
Charles Buker agreed that there would not be much impact.
Tom Vaillancourt, 3 Coleman Path, said he has seen a huge increase in impact over the last 10 years at the Grater Woods site. There are a lot more local kids riding. It's not staying the same. It needs to be managed.
Jim Taylor advised people who might want to ride ATVs on the property that they should get a club together. They should use the SnoBuds as a model.
Janet Cormier said that unless we designate an approved area, they would be everywhere. They'll be out there anyway, so you might as well give them a place and put parameters on it and make them responsible for it, like the skateboard park.
Andy Powell agreed but doesn't think this is the place. The landfill area might be preferable.
Chuck Mower reminded the committee that last year the town voted to direct the town to develop a multi-use recreational plan for the landfill property.
Bill Keating sent an e-mail stating that he thinks ATV use on the property would be risky and the drivers have proven themselves to be irresponsible.
Shannon Barnes read additional public input. Kim Smith, 8 Marty Dr., wrote that every weekend spring through fall, the ATVs sound like a chainsaw in her backyard and they kick up dust. They can't even walk back there with their children because it is too dangerous. She advised we protect the land by banning ATVs.
Steve Ethier, 11 Kramer Hill Road, voted for it to be conservation land, not for building or cutting trees.
Robert Jones was walking on the land with his family and four ATVs came up the trail, didn't reduce their speed or attempt to make room for the walkers. The noise was disturbing for quite a distance. He saw ATV tracks over two beaver lodges, as if they were trying to break them down. They create deep ruts in the snow making skiing difficult.
Charles Buker suggested setting aside certain time periods, maybe the first and second weeks of every month they are allowed, third and fourth they are not. That way there will be quiet days. As a society we have to live together. Just like the skateboard park, before it was all over town, now it is contained. There are people who will break the law even if you shut it off. He agreed that the first step is to get a club organized. There are more people at these sites because we are eliminating other sites by building on them.
A woman in the audience said she voted for it so we could all use it. She wants her children to be legal, wants them to be respectful.
Debra Huffman said that we are having a problem because it is a popular sport. Families spend $3000 for an ATV and they want a place for their kid to ride. She likes the quiet, but her pleasure doesn't supersede their pleasure. Mostly they want to go up and down the power lines and sand pit. It's a safe, legal place, with minimal environmental damage. Limit the section and limit the times and days and we channel their use.
Nelson Disco noted that that doesn't resolve the environmental damage.
Connie Krieder said that her biggest concern was for the animals. How will the noise and environmental impact affect them? She thinks we will open a can of worms we are not prepared to handle.
Shannon Barnes said that if we are going to recommend that ATVs not be allowed, we must recommend that an exploratory committee be established to find a suitable challenging location. Even though she is a Lawrence Road resident, she thinks they enjoy the landfill property and it could be developed with jumps, BMX tracks, ATV tracks, and dirt bike tracks.
Al Wenz, a member of the audience, said that under the power lines the ruts are six inches deep and getting worse. You can hardly walk there now. They ride on muddy days and dig it up.
Mike Ruggiero wondered how much of a problem we have out there now. Chris Christensen said that he does not remember any complaints while he was on the BOS. Jay Minkarah said that the town usually doesn't get noise complaints. They do get complaints of environmental degradation and rutting at the river front, at the Buker site, and at Wasserman. Shannon Barnes and Connie Kreider pointed out that it was private property so most people wouldn't bother filing a complaint since the police couldn't do anything.
Jim Taylor said that his wife has made four calls to the police. ATVers come onto private property, they ride on the road, they ride late at night, and they spin donuts in his back yard. He agreed that we need to provide a place for them to go.
Roger Blais said that we should give it a chance. Implement a plan to give the right instructions, improve the trails, put up signs, and restrict it to Merrimack residents only.
Andy Powell wondered if we would be creating a headache for the police and if it would be enforceable.
David Rutzke agreed with Roger and Charles. We should give everyone a place and time to enjoy their sport. The people all paid for it, they should have an opportunity to use it.
Reports from Subcommittees:
§ Trash Clean-up subcommittee - Tim Tenhave presented an overview of the clean-up report and asked for volunteers. A list of volunteers was compiled. On a motion by Cathy Provencher with a second by Mike Ruggiero, the trash report was accepted.
Approval of Minutes: The March 3rd 2003 minutes were approved as amended.
Adjournment: The meeting adjourned at approximately 9:30 p.m.