South Down Shores reaffirms opposition to WOW Trail

LACONIA — For the third consecutive year the membership of the South Down Shores Recreational Association resolved that the Winnisquam-Opechee-Winnipesaukee (WOW) Recreation Trail not cross the property of the gated community on the western shore of Paugus Bay. At the annual meeting last month residents also reaffirmed the decision taken in 2008 to assess each of the nearly 500 homes $100 a year to establish a legal fud "to protect South Down's interest with respect to the proposed Phase II of the Laconia WOW Trail."

The third phase of the trail, particularly the 2.2 mile segment planned to run northward from Van Buren Street past Pickerel Cove to Birch Haven Road, would pass through South Down Shores and Long Bay. But, not on the property of South Down Shores. As planned, the trail would be built within the Boston & Maine railroad right-of-way along the shorefront, which is owned by the state. The railway corridor is 66 feet wide with 38 feet west and 28 feet east of the center line of the track. The path itself, designed for pedestrians and bicyclists, would be 10 feet wide with two-foot wide grassed shoulders offset between 16 feet and 26 feet west of the center line of the track.

The position of South Down Shores residents puts them at odds with City Hall. The trail, though largely falling on land leased by the city from the state, is owned by the city. It is, in effect, a city park.

Alan Beetle, vice-president of the board of directors of the non-profit WOW Trail group that raises funds for trail development, was disheartened by the vote of the residents. He said that since early this year John Walker of the South Down/Long Bay WOW Committee has been regularly attending board meetings of the WOW Trail. "We were working together to find a solution," Beetle said, recalling that the board walked the property exploring alternative routes to following the railroad corridor along the waterfront. He said that Walker indicated he sought to develop alternative routes, offer options to the residents and present a proposal to the annual meeting.

"We have told South Down that we are open to alternatives and assured them we'll do whatever it takes to make the trail acceptable." Beetle stressed. In particular, he said that the board intended to renew its efforts to persuade the New Hampshire Department of Transportation to reconsider requiring a four-foot high fence between the trail and the tracks, which he acknowledged represented a significant and legitimate concern to property owners abutting the route.

Walker said that although he was "comfortable" with the vote at South Down Shores, as a "strong supporter of the WOW Trail" he too was "somewhat disappointed." He said that given the "overwhelming vote" the search for alternative routes would be suspended, but he would continue attend meetings of the directors of the WOW Trail. "They encouraged attendance at the meetings," he said of the South Down residents.

"I will keep an eye on the process," Walker remarked. "A whole lot has to happen before anything becomes final."

In reporting to residents the South Down/Long Bay WOW Committee noted that it had expressed its misgivings to City Councilor Armand Bolduc (Ward 6), adding that "his past city council positions with regard to the WOW Trail have been supportive of our position; he continues to be supportive." Likewise, the committee scheduled to meet with City Councilor Ava Doyle (Ward 1).

SouthDown/Long Bay is split between Wards 1 and 6.

Finally the committee reported it had "resumed interaction with our legal counsel, Sheehan, Phinney, Bass & Green, and we will meet with them in September to develop our legal plans for moving forward."

Both Beetle and Diane Hanley, president of the WOW Trail, declined to discuss the prospect of litigation. However, Beetle pointed out that there are indications that when the Planning Board originally approved plans for the development of South Down Shores in the 1980s, the plan specified a "bike path" within the railway corridor. But, he conceded that the documentation is scattered and incomplete.

Last year The Daily Sun reported there are at least four specific references to a "bike path" in 1983 and 1984, when the board considered the plan for the waterfront. The Planning Board granted conceptual approval to John Davidson's plan to develop as many as 400 units at South Down Shores on September 30, 1983. The "Evening Citizen" reported that "assorted conditions were attached to approval, including preservation of a corridor for a future bikeway near the shore and a sled dog trail, and state rail administration approval for limited access across train tracks, among other things."

A map of the entire project, prepared in March 1984, clearly designates a "City of Laconia Bikepath Easement," running within the length of the railroad corridor crossing the shorefront of the development. On April 9, the minutes of the Planning Board record that developer John Davidson said that "they were not developing a bicycle path, the city and state may or may not do this. They were merely providing space for it." A week later, when the board tabled the proposed project, it explicitly requested more information about "the recreational development schedule, including buildings, docks, and walkways with the bicycle path marked on the plan."

City Councilor Henry Lipman (Ward 3), a director of the WOW Trail group, said that the council and the board should "focus on what we can do," particularly proceeding with Phase II of the trail between Veteran's Square and Belmont, and "continue to explore other routes to The Weirs. "It is very important for the trail to connect the three parts of the city," he said. "We need to try and find a way do that without confrontation in the best interests of everyone."

City Manager Eileen Cabanel said that "above all, the trail should not divide and polarize the city." Without diminishing the role of WOW Trail group, which has promoted and funded the design and construction of the trail, she said that "ultimately the City Council will make the decision about where the trail goes, because the city took ownership of the trail. It is our project."