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| NH ATV Club News |
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Wednesday, October 2 2002
Mont Vernon Selectmen Weigh Action Against Boisvert Over Work
By DAVID BROOKS, Telegraph Staff
MONT VERNON - Selectmen plan to meet with Lyndeborough resident Laurent "Larry" Boisvert next week to discuss his plans for public ATV trails on more than 250 acres in town, but indicated Monday that they might be inclined to take action because of trail riding and work that has already taken place.
"There appears to be violation of our zoning . . . There seems to be every evidence," said Selectman John Koch, referring to photographs and videotapes by residents of work on the Boisverts' property, as well as public Web sites that invited the public onto the property.
"If we don't do something, people will say those guys in Mont Vernon don't really think much about their zoning," said selectmen's Chairman Peter Savage, who said that one option would be for Mont Vernon to join with Lyndeborough in its legal action against the Boisverts.
Koch said a cease-and-desist order would be appropriate, as has been done in neighboring Lyndeborough, where the Boisverts own about 540 acres. Koch, Savage and Michael Fimbel decided to hold off until after meeting with Boisvert.
Boisvert is scheduled to attend next Monday's Board of Selectmen meeting. It will be a public meeting, but Boisvert will only discuss the issue with selectmen, not with members of the audience, Koch said.
Fimbel said he would be inclined to wait a week before deciding on action partly because the New Hampshire ATV Club, which has been sponsoring trail maintenance work on the Boisvert land, had pulled back on its publicity about the property, including canceling a proposed pig roast next weekend.
The situation is more advanced in Lyndeborough, where Boisvert and his mother, Barbara, own more than 500 acres and have a long-running legal tussle over what to do with the property. That town has issued a cease-and-desist order and plans to file for a court injunction banning ATV riding by anybody but the Boisverts until they file a site plan and get town approval.
In Lyndeborough, public recreation, including ATV trails, is allowed following site-plan review; the situation appears more restrictive in Mont Vernon.
Mont Vernon zoning allows "single family residences and related uses only" in the rural residential area, which includes the Boisvert property along Purgatory Brook. Town attorney William Drescher told selectmen last week that he thought the Boisverts' plan to open their land to "global recreation use" under a state-sanctioned ATV-trail program violated that zoning, meaning the Boisverts would need to get a variance from the Zoning Board of Adjustment before proceeding.
Boisvert has not filed any request for a hearing with Mont Vernon.
David Brooks can be reached at 249-3336.
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