Thursday, April 10, 2008

Town Takes Costly Measure To Protect Against ATV D

HARWICH –The town’s landfill cap suffered additional damage this week from an ATV which tore up portions of the newly hydro-seeded area. The latest incident there has Lincoln Hooper, director of the division of highways and maintenance, requesting additional money for fencing.

The landfill cap has become an illegal recreational facility for ATVs partly because of the absence of approved sites for riding. A couple of weeks ago this activity was highlighted when rescue personnel were called to an accident at the landfill involving a father and his12-year-old son, who collided while riding ATV’s on the landfill cap.

The town is planning a meeting next Thursday designed to bring together parties to discuss ATV use within the community.

Hooper reported to selectmen on Monday night an inspection of the landfill cap showed 60,000 square feet, required to be vegetated under a directive from the state Department of Environmental Protection, was “disturbed or removed solely by ATV activity.”

Since then, Hooper said his department has spread compost over the affected area and has engaged Dan O’Leary Landscaping to hydro-seed it. Hooper said the cost for that service is in the $3,500 to $4,000 range. A town truck, a piece of heavy equipment and three men also spent four hours making repairs to the cap, which cost an additional $1,000.

“Although this is not a normal expense, it is part of maintaining the landfill cap and would be a noted deficiency during our semi-annual landfill inspections if we did not address it now,” Hooper informed selectmen.

Hooper said ATV riders have recently been shut off from riding down streets and power lines and have come to the 27-acre capped landfill. Half of the site is fenced off with chain link fence, Hooper said, and the only way to stop the trespassing is to fence the remainder of the area.

“This past week’s damage,” Hooper said, “appears to be caused by one motorcycle there for about 15 to 20 minutes. The damage to the hydro-seeding can be repaired with a rake. But we have to stop this.”

The highways and maintenance director said he has purchased 25 new signs to go with 30 previously posted – some of which have been torn down -- instructing riders to keep off landfill. Hooper said DEP does not require fencing around landfill caps, but it does require that access by the general public be restricted. The only way to do that is to install 1,750 feet of additional fencing, he said.

The cost of fencing will be $21,822 from L & C Fence Company, the lowest of three estimates obtained by Hooper. He said there is close to $30,000 remaining in his budget because of the decline in sold waste coming into the landfill and he requested use of those funds for the additional fencing. Selectmen approved the request.

Local farmer Leo Cakounes said he supports what Hooper is trying to do, but he is concerned the next available site for the ATVs will be the 33-acre farm and cranberry bogs he leases from the town. He said ATV operators cut his fences now and the animals get out and go over to the landfill site.

“I’m not going to stand for it,” Cakounes said. “Fences don’t stop these violators. They are not law abiding citizens.”

Cakounes said he is affected at the Main Street property he leases and on bogs he owns adjacent to Robbins Pond. He said the Great Swamp Bog on the opposite side of the pond also has been “completely violated.”

“We need to do policing,” Cakounes said. “They’ll be chasing my animals. We have to work with the police to catch these violators.”

Recently, Cakounes said, he installed three posts and fence. Someone on a four-wheel ATV drove up and pushed the fence and post over and drove through.

“When the discussion comes up people say it’s a wholesome activity,” Selectman Ed McManus said of ATV use. “It’s not. It really is not.”

Selectmen on Monday night voted to send a letter of support for House Bill 3592, which requires that ATVs and motorized bicycles be registered and insured. The legislation would also require operators under the age of 18 to take a certified training course. Size limits would be implemented for children under 16 years of age and anyone under the age of 14 would be prohibited from operating an ATV.

Several residents of the Six Ponds District in East Harwich are also concerned about the unregulated recreational use of ATVs in the Hawksnest State Park, town conservation land and on private property. Seven residents who raised the issue last year are requesting answers of town officials relative to steps taken to curtail those activities.

In a letter to selectmen sent last month, several residents requested an update on actions relative to zoning prohibiting activities, bylaw changes imposing fines, police department and environmental police enforcement, and the creation of a management plan for conservation areas.

Next Thursday town officials will hold a meeting on ATV issues within the town. Town Planner Susan Leven said a representative of the state department of conservation and recreation’s off-highway vehicle enforcement and education group will attend in an effort to moderate conflicts, educate parties and address enforcement where necessary.

Leven said they hope people representing all factions of this issue will attend the session. A member of the state ATV riders group will also be on hand to present their side of the story.

“A lot of people have their own vehicles and it’s impossible for the police to enforce 24-7,” Leven said. “There are also serious safety issues.”

That session will be held at 7 p.m. on Thursday, April 17 at the hearing room in town hall.

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