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#1 |
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Statistically speaking, I don't think it has a time limit either. It would not be to the state's benefit to put auto-expiration clauses on ROW grants, or similar exceptions based on future use potential.
However, like many things legal, events over time often cause things to be reevaluated and for parties to realize that language was not specific enough, other precedents or decisions in tangential lawsuits come into play, etc. SD/LB has changed a lot in character over time. Look at some of the early buildings vs. later ones, it appears, to me, that it started as more of a simple/affordable community and morphed over time into one that contains more and more higher-valued properties. Some of those property owners may have built elsewhere or chosen to alter their plans had they anticipated a 30 year old dormant easement to suddenly be put to use. I am not saying that fully justifies the opposition, but it does impact things (IMO). When we purchased in South Down (2006), I do not recall seeing any clauses, deed restrictions, etc. that mentioned this ROW existing and being earmarked for a public trail and associated fences to be built through the community. Should potential buyers have been made aware of how the common area property, and the community at large, could be impacted? Are there other precedents in similar circumstances?
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#2 | |
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Sometimes it's not what can happen on YOUR property that you need to be aware of; it's what can happen on your NEIGHBOR'S property. Suppose a neighbor's property was zoned commercial (yours is not) and poof, suddenly they sell and a business is being built in your back yard and there is not a lot you can do about it except maybe to get some buffering put in. Unless you really dug into the real estate situation in the area, you probably would never see it coming. Most of us just aren't that careful. I think that is what is happening here. |
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#3 |
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When we purchased in South Down (2006), I do not recall seeing any clauses, deed restrictions, etc. that mentioned this ROW existing and being earmarked for a public trail and associated fences to be built through the community. Should potential buyers have been made aware of how the common area property, and the community at large, could be impacted? Are there other precedents in similar circumstances?[/QUOTE]
When I purchased in 2006 in SD before moving to LB, my broker provided me with copies of the original declaration along with the SD by-laws. The ROW is in there but also my broker discussed it with us before signing our purchase contract. Your broker at the time should have made you aware or at least provided all the HOA documents |
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#4 |
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I think the due diligence unfortunately falls on the buyer...
The buyer(s) in SD/LB probably knew about the RR ROW, as it is a physical landmark. I seriously doubt that most buyers were aware or were made aware that the RR ROW extends to the water for most of the shoreline, and that property did not belong to SD/LB. The only way to know would be to look at the plot plans/tax map for SD/LB that I listed above. I am sure no RE Agent would point that out and possibly lose a sale. Its a pretty crappy situation for sure! I can see SD/LB taking issue with the fencing, I wouldn't want a 6' high chain link fence there either. However that's a negotiation, not a lawsuit. Especially where there is some very nice low post & beam fencing in other areas of the WOW trail. In the winter, the state allows snowmobiles/cross country skiers/hikers etc. to use the RR ROW as a connecting corridor trail. Public use/access utilizing the RR ROW thru SD/LB is already approved by the state. I am sure that was a surprise to some unsuspecting buyers too. So arguing against further public access is probably pretty futile as the state has ALWAYS allowed it. Woodsy
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#5 | |
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#6 | |
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#7 |
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I have watched this back and forth, pro and con on this thread and know this is a very decisive issue. I have experience with the Minuteman bike trail that runs from Bedford MA, thru Lexington, Arlington and ends at Alewife in Cambridge.
First off, as others have said, many people did not want the trail built, or saw a need for it. Now, it is a selling point for neighborhoods all along the trail and it is a major recreation and commuter way and has spurred multiple Retail stops along the way. Whether we do not want the trail in our back yard or think it is a waste of money, we have to understand that many people want these trails and are willing to pay for them. Yes this means in most cases we all pay for them through our taxes. The Minuteman trail ends near the middle of Bedford MA, but the old railroad bed continues to Concord and a National Wildlife refuge. Concord and the Feds have little desire for the paved trail to continue in their jurisdiction, so it was a surprise to some of us when it was proposed at town meeting to enhance the trail and pave it the rest of the way to the Concord line. I personally had an issue with dumping a lot of people on a busy road with only mountain bikes and walkers able to continue along the old dirt RR bed. I was on a committee that could block the primary proposed Funding from even reaching the Town Meeting floor; but we realized that many people wanted this so we voted to allow it to go to Town Meeting. There was discussion at TM but it passed with 2/3rds vote. It is still a long process as funds were approved for partial design and that has been going on for over 5 years. Is it expensive, YES, but I think the trail will be good for the area like these trails have been across the region and the country. My advice to the 2 communities in opposition to the trail would be to save your money and use it to work with the WOW trail for better fencing, screening and access options. We have done this with other municipal projects and it can be done with benefits to everyone. It could be as simple as covering the extra cost for a darker or better style fence. |
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#8 |
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They should allow golf carts on the trail, might sway some opinion, being able to drive from south down the weirs to Meredith on a cart sounds like fun. Kind of shrink the community's and tie them together. Just a thought.
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#9 |
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That's what they do in many over 55 villages in Florida, such as The Villages that is a huge community where the main mode of transportation is the golf cart, but in this case I do not think it would be very safe for the walkers, cyclists and runners
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#10 | |
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I would also say like you said in Florida it is very common to mix carts with everything else, even on the street with cars. Even here south down, Meredith Bay, Grosse point, they mix the two. The cart path from Meredith Bay to Akwa mixes the two at a very steep grade and is still safe for pedestrians. Don't get me wrong I know it will never happen but if the wow trail had to happen this would make it cool. Fun to talk about. (side note, still wish the tracks had a pedestrian trolley) |
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#11 |
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Grouse Point has steep grades too. When my parents lived there, a 12-year old girl died rolling a golf cart down a steep embankment. Kind of off topic, but golf carts, while fun, can be dangerous on steep hills.
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#12 | |
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I think it would be awesome to take the golf cart to the weirs or Meredith. Wishful thinking. Sent from my iPhone using Winnipesaukee Forum mobile app |
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#13 |
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I just wanted to be the 100th post on this thread
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#14 |
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"Joey" won that distinction, but you did win the prize for being the 100th reply! No idea way the prize is, but you won it. 😁
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#15 | |
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I just wanted to be the 100th reply lol
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#16 |
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Why does the WOW trail have to be seasonal? It would make a great snowmobile trail as well.
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#17 |
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If they want to preserve the land, why are they building on the land? They should leave it alone and let nature do her thing! Preservation my butt!
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#18 | |
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I wouldn't be surprised by it if the trail gets built and bikers encounter big rocks placed on the trail. I think the trail organizers seriously need to consider this in their maintenance and upkeep projections. |
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#19 |
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I would think this is not just a maintenance issue. If someone was injured due to people deliberately placing rocks on the WOW trail it could become a criminal issue.
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#20 | |
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You are absolutely right, terrible things could come from, and easily be classified criminal from, some maliciously placed boulders. A reality is: how do you catch the culprit? Yes people could get hurt and a lot of money would be wasted on removing the boulders in the interim. In a previous post I mention a potential alternative of bringing the trail down Elm Street to Parade Road and up to Severance Rd, then down to the tracks on what I referred to as the snowmobile trail through the state forest. That post was apposed by two seemingly legitimate views. The first states that the state would be foolish to allow easement. I've since remembered that the snowmobile trail I referenced is actually a class 6 Town Rd. I would hope that is something to work with. The second states that the WOW trail federal funding only applies to construction on the rail road track. To this I encourage we take a closer look and get creative for another source of funding for an alternate portion of the trail. A large percentage of the alternate trail I propose is already paved therefore there would not be as significant of an expenditure to create a rideable surface. If the calculation turns out that the expense to connect Severance back to the tracks is more than what is saved with the alternate route pre-paved surface, and the trail organizers find a shortfall from the government funding, I have this solution. Work out a deal with us to create the WOW Welcome Center on the corner of Severance and Parade. We have the land and I'm certain that if Alan Beetle and I sat down at a table and talked about it, we could come up with a strategy that gave this WOW welcome center a foundation for profit through food and beverage. Those profits or a potion of, can be dedicated to the trail to offset the expense. Please understand that to help make this happen, we would likely lose some of our realestate. I would hope that in appreciation of said sacrifice the SD/LB community would find a permanent way for golf cart access to The Mystic Meadows. There we have it. The trail gets built, SD/LB don't have to deal with a fence and other concerns. Trail riders have a great welcome center and nobody crashes into a boulder. |
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#21 | |
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#22 | |
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To be clear, I really don't care if an alternative trail route is decided on. If all are happy about it, great. I applaud offering this alternative solution. I REALLY DON'T like making decisions based on veiled threats and intimidation. Court fights are one thing. That is how society works out it's differences. Threatened boulders in the trail are a whole different thing. It's like walking into a discussion with a blatantly obvious weapon with the clear intention of intimidating the other people in the room. Cowering before criminals is NOT a good plan to deal with the situation. Talk about a WRONG message. |
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#23 |
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Hi all,
Generally, I prefer to stay out of the discussion, but I thought it prudent to supply a few facts.
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#24 | |
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#25 | |
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The exterior borders of the property that you state is privetly owned has a 6 foot communal border defined by a strip of grass that is cut by SD maintenance. Just enough for a cart trail. |
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#26 | |
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"They asked if an alternative route (not along the lakeshore) had ever been considered and I was able to explain that, as recently as February, we had suggested an alternative route through their property for consideration, but that this alternative route had been rejected by their executive board." |
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#27 | |
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The proposal from Baygo and SD is to route up Elm Street and across Rt 106. The trail could either go down Severance Drive or continue about 1.2 miles on Rt 106 where it could directly cut into the state forest. There was an engineering study done a while back proposing this as the best route. If the WOW org wants a copy, it can be supplied. Advantages: + Baygo has offered to provide land for a welcome center and parking. + Construction costs will be considerably cheaper than building along the frontage...no fence, no bridges etc... + The route uses public ROW along roads...no issues. + No issue connecting to the Weirs (connect via Hilliard Rd)...don't have to deal with the trestle underpass. + The trail would not be operating alongside an active railroad or contending with marinas or traffic crossing to the shore front. + The trail can be built even if Federal funding dries up (indications are that it probably will). + The environmental impact is minimized In addition, it has been suggested that the Hobo railroad could be fitted with bike racks and connect segments without building along Paugus Bay (that was also rejected by the WOW Org.) Another viable option is to consider the trail from Severance Drive to the Weirs. This would make Tavern 27 an end point and the welcome center would be at the beginning of a trail segment. SD/LB have reached out many times over a number of years to try to reach a viable solution that does not involve the frontage or crossing private property. The article miss-characterizes the history of the interaction. Jetskier ![]() |
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#28 | |
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All this conservation land that cant be developed because of some who knows frog or beetle or worm, or some wildlife, and also abutting conservation land and you can't do this or that or anything in general. Yet in my town they blaze a bike path/trail right down the middle of conservation land and marsh water area with a bridge 12 feet wide and winding in and right down the marsh area atleast 400 feet long with signs, covered areas and bump outs to sit and giant pilings right into the marsh and everything, just like this alternative would blast right into a forest. Again I think the path in my area is fine in that area, but funny how someone couldn't put a shed on their own property within 15 feet of the conservation land you abut because some soft shelled spotted turtle lives somewhere on the other side of the marsh land and may visit and be scared by your shed
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#29 |
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For those proposing Hilliard road as an option to connect to the Wiers, have you walked that road, any part of it, narrow, and some major hills, and not well maintained
No dog in this fight, but my guess is that the budget doesn't fit any way they run this trail, it always costs more than they plan.... |
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#30 |
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Via the proposed www.wowtrail.org, peddling a bicycle the 9-miles from the Laconia Public Library to the Meredith Public Library, all along the flat, easy to peddle Wow Trail could take maybe one or two hours to do it. One hour on a bicycle is probably doable for many people, plus the flat terrain of the railroad, waterfront right of way works good for bicycles.
Weirs Beach has a beach, and is located right in the middle of the 9-mile long Wow Trail, so that could be a good spot to park your bike and go hit the beach......seems like it's all very doable? Once the Wow Trail gets built and is one year old, people will be saying ...... Like WOW! ....what a great trail!.....so, how come this wasn't built like 40-years ago ....how come it took so long to get it built........wow! ![]()
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#31 |
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The latest map I've seen looks like it will not follow the tracks all the way to the weirs, instead detour around pickrel and singing coves (i guess making use of Hilliard Road) Is that correct?
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#32 |
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An article on WOW Trail "ambassadors": http://www.laconiadailysun.com/commu...railambassdors
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#33 | |
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This issue is just too confrontational and will cost/waste way too much money if it stays on its current course. |
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#34 | |
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#35 |
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"South Down and Long Bay position regarding the construction of the WOW Trail along the railroad right of way. In order to present a more factual representation we have created an informational website":
www.notthroughsdlb.com Please note that this is their official stance on the Trail. I myself (a 10 year owner in SD then LB) do not agree with their position. Honestly whether you want the trail for various reasons or not, this site is complete propaganda. Crime and safety are and issue with out without the trail. It is just as easy to walk down or along the tracks than it is if you have the trail, the RR, beach access and boat clubs obviously there already so in my opinion there is no new issues that the trail creates are the criminal activity was there before the trail. |
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#36 |
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WOW.... its almost factual!
SD/LB already have public access thru their private community. The RR ROW is a snowmobile corridor trail used by the public... snowmobilers, hikers, etc.... just more NIMBY Woodsy
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#37 |
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Crime is only one aspect of SD/LB position. I disagree with Joey. The WOW trail will create a defined avenue of egress, especially for a person riding a bike at night. I think it would be difficult to ride a bike along the side of the track at night in its present condition.
I know people who work (or worked ) for the Laconia police department. As I've stated in prior posts, publicly, they take a favorable position to the WOW trail. (I don't know why, but as witnessed by this forum, it is not very PC to be against it!) Privately, my source states that it is a defined avenue of egress for crime committed in Laconia and it is an attractive nuisance for crime, especially when committed at night. The WOW trail makes policing difficult. I wouldn't focus on the crime aspect of the position. The environmental impact is a concern. Also, liability is perhaps the biggest concern. As stated previously, the WOW trail organizers are lobbying to have the Hobo railroad shut down. The owners of SD/LB already pay for this liability for its residents; however, any such policy would not apply to users of the WOW trail. Who is going to pay for it. One thing I learned today is that the City of Laconia paid $400,000 for Phase II. As a taxpayer and resident, I am disappointed to hear this. The money could have been spent on more worthwhile things, like teacher raises. Or perhaps, a refund to the taxpayers, heaven forbid! Based on this contribution, I wonder what the City's obligation will be for Phase III? |
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#38 | |
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Were I absolutely agree with "Major" is, I do not think that phase III should be place on the shoulders of the tax payers. Private sponsorship, federal funding and donations should be used if not then I do not think phase III should be completed. |
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#39 |
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I saw this on the WOW Trail Facebook page last week. Anyone know more about this?
"This week's #throwbackthursday is brought to you by South Down Shores & Long Bay developer John Davidson and the City of Laconia Planning Board circa 1986. "Mr. deHaven questioned if the bike path was public. Davidson explained that by a condition of the Planning Board that a bicycle path was required." https://www.facebook.com/WOWTrail/po...55337886832071 |
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#40 |
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#41 | |
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Oh Well!!!! ![]() ![]() ![]() ![]() ![]() ![]() |
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#42 |
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Their web site domain is public and it is a free country to post it. Although they can restrict access to their site and to what the general public can see.
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#43 | |
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![]() ![]() ![]() I am sure if I agreed 100% with their position it would not have become an issue. |
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#44 | |
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This issue is just too confrontational and will cost/waste way too much money if it stays on its current course. I wonder what would happen if we total up the money being conceited for legal cost and instead marked it to fund an alternative |
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