CLAREMONT — A proposed change in the city code to allow off road vehicles, including all-terrain vehicles, to use all Class VI roads and identified section of Class V roads has been endorsed by the City Council in a unanimous vote.
The ordinance change, which still has to be drafted and approved by the council, would allow for use of the roads on an “ongoing and indefinite basis” without annual hearings or permission requests.
Presently, the Sullivan County ATV Club obtains permission from the council each year to use Class VI roads. The request for parts of Class V is new this year.
Attorney Shawn Tanguay, representing the city, told the council that in order for access to designated sections of some Class V roads, the city code needs to be changed. He presented three options.
The first option added sections of Class V roads but continue to require the club to renew the permission annually, as it does now, which requires a public hearing and notice to abutters. The cost of notice to abutters can be passed onto the club, but Tanguay said the club opposes this annual process because the cost is “substantial.”
The second option offered the same as the first except the permit could stand for two years or more, depending on the discretion of the council.
“If the council extends the permit, neither the City Council nor the SCATV would be obligated to undergo the hearing process until the expiration of the permit,” Tanguay wrote. The council could, however, hold a hearing if it wanted to revoke the permit, perhaps based on complaints from abutters.
The council went with the third option because it eliminated the annual permitting process. If it later decided it wanted to revoke the permit under option three, the council would need to change the city code again and hold a public hearing.
Also at issue during the council meeting, was the club’s role in maintaining the trails. Club president Steve Willkie told the council they needed immediate approval to work on the trails in order to meet a Friday deadline for a grant from New Hampshire Bureau of Land Trails. At one point it appeared there was no path to granting approval because access to Class VI roads and doing work on them was tied to one approval, which required a 14-day notice and public hearing.
But Tanguay, appearing remotely, said if the council were to simply grant approval to work on the trails, then a hearing and notice to abutters was not needed.
“If we are talking about maintenance, I don’t see an issue with the council supporting it,” Tanguay said.
The council voted 9-0 to allow the club to proceed with maintenance. Willkie said they will be working on three culverts and barriers in the Cat Hole Road area.
Patrick O’Grady can be reached at pogclmt@gmail.com
