Board supports public use of Gravel Pit Road

PARIS — The ATV community of Paris got a boost from the town's board of selectmen on Monday, when board members agreed to write a letter asking a local business owner to take down signs that discourage ATV traffic on Gravel Pit Road.

By a 3-1 vote, with Selectwoman Jean Smart opposing, the board agreed to send David Everett of ECI Materials a "non-confrontational letter" that asks him to remove signs from the roadway within a week.

Smart said that she would like to see the town first get advice on the matter from an attorney.

"We are in jeopardy of losing access to our own gravel pit," said Smart. "We need to find out from our attorney what the truth is."

Town Manager Phil Tarr supported the idea of seeking legal advice, and warned against getting entrenched in what could later turn out to be an untenable position.

"Let's make absolutely sure that the next step the board takes is a correct one," he said.

Everett owns Gravel Pit Road, but the town has a legal right-of-way over the road. The board indicated that it supports the idea of the public also being able to use the road.

"He has no right to put a sign in our right-of-way," said Selectman Ted Kurtz.

The matter is complicated by the presence of a railroad crossing on Gravel Pit Road, owned by St. Lawrence and Atlantic Railroad Company.

A contract with the railroad company gives the town permission to cross the railroad tracks to get gravel, but SLA has indicated that it will not grant permission to ATV riders, or the general public, to cross the tracks.

The Xtra-Mile ATV Club has sought permission to use the road up to the edges of the railroad crossing, so that it can pursue a potential crossing agreement with the railroad.

On January 23, the board agreed to allow the public to use the road, but Everett responded by posting signs that say ATV and bicycle riders are not allowed on the road.

Both the ATV club and Everett have threatened to sue the town in order to protect their position.

In a split, 3-2 vote, the board also decided to seek legal advice on the issue, against the objections of Kurtz and Board Chair Bob Kirchherr.

Kurtz said that he felt the legal opinion would be a waste of money in the event that the matter did not go to litigation.

"David Everett could fold his cards," said Kurtz. "Why spend the money?"

In a January 27 letter to the board, SLA indicated that it would not grant permission for ATV riders to cross its tracks on Gravel Pit Road.

"Shared use of a roadway by recreational vehicles and gravel trucks is, in our opinion, inherently unsafe," wrote a representative. "... We will only entertain a possible recreational crossing at some distance from milepost 49.78 that all interested parties agree will provide maximum safety for all."

John Goodwin, of XMAC, said that he expects that the railroad will grant a crossing agreement for ATV traffic near, if not actually at, the crossing.

"It could be 10 feet from there," he said.

The board also voted 4-1 to write a letter of support for ATV traffic on another, unrelated road.