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03/17/2023 10:43 AMActive mountain biking at Peter’s Rock Park will no longer be allowed, said the North Haven Parks and Recreation Commission at a meeting on March 2.
The commission dismissed a request from the Peter’s Rock Association for an amendment to a town ordinance governing prohibited activities and conduct at public parks and playgrounds in order to allow for currently unauthorized mountain biking activity and trail establishment.
Joanne Chvisuk, associate vice president of the association, asked the commission for them to allow for “non-motorized bicycles” and “to allow for a mountain trail, with features” in the park.
According to Director of Public Works Lynn Sadowsky, the unauthorized mountain bike paths were likely created by the association sometime in 2021 at the 220-acre land parcel without the knowledge of the town.
“The association claims it has the authority to do it. And it doesn’t,” said Sadowsky. “They were put together as an association to kind of be like a watchdog for the park. So I think the association misunderstood its role and started construction of a mountain bike without anybody knowing it.”
The commission had found that the creation of the trails were in violation of the Town of North Haven Ordinance, Chapter 152, specifically sections H and L. Sections H and L prohibit any activity in public parks and playgrounds that would “deface, remove, or destroy any sign, notice, protective, device or other item of personal or real property, including trees, shrubs, plants, and landscaping,” and for town residents to “drive or propel a bicycle except on roads, sidewalks or footpaths, unless otherwise designated,” respectively.
Chvisuk told the commission that the board members did not specifically ignore the town regulations given their unfamiliarity with them, although Sadowsky said that she personally disagreed with that statement.
The overall concern for the commission was that the independently acting association was moving too hastily without any organized plan for how its members could manage the legal and environmental responsibilities when constructing bike paths if Chapter 152 were to be amended. However, supporters of amending the town ordinance explained things differently to the commission.
Association members and avid mountain bikers Robb Kissel and Matt Fuggi told the commission about the physical benefits of mountain biking and the maintenance they have performed on their own bikes along the trails to keep them safe and clean for non-motorized users. They said they recognized the potential dangers of mountain biking and their commitment to preserve the surrounding nature and wildlife of the park’s trails.
“We’ve taken great time and effort to make sure that the park is in the position for everyone to come visit [and] be able to enjoy,” Kissel said.
In attendance at the meeting were members of the association, along with those both in support of and opposed to allowing mountain biking at the park. Several of those who expressed their opposition toward an amendment to Chapter 152 were residents who live in its proximity and raised concerns over disruptions to the landscape, including the wetlands, the wildlife, and the burden of liability for serious injuries on the association and possibly the town.
Resident Tom White stated, “I’m asking the commission to deny the application...to amend the regulation to allow for this aggressive mountain biking and other related activities. I was appalled to learn the association had empowered themselves and engaged in such a destructive program without any regard or awareness of their violation.”
Additional concerns from opposing residents related to mountain biking being a harmful form of “aggressive recreation,” which is not allowed in a park that is intended for “passive recreation,” such as hiking, photography, and birdwatching.
Other attendees in favor of amending Chapter 152 praised the efforts of association members of being attentive to safety concerns, while others saw the activity of mountain biking at the park as being an alternative for young people to stay off dangerous streets and from other potentially harmful forms of recreation.
Longtime resident Ann Lombardi stated, “People talk about safety. I would rather have my grandkids hopping on a mountain bike and riding on safe trails than riding on the streets nowadays with all the speeding cars and dangerous activities that happen on our street,” she said. “There are numerous sports they can get hurt at—football, soccer...There’s so many different dangers.”
Town Attorney Jeffery Donofrio expressed concerns regarding the lack of a formalized plan for the association’s management of the trail’s and the liability of serious injuries.
“It’s town-owned property, and if something happens on that site, and it’s not covered by the town’s liability insurance, that’s a worst-case scenario for everybody,” he said.
First Selectman Michael Freda shares the same concerns of Donofrio. Freda does not support the standing of the infrastructure that the association has already constructed for mountain biking.
“Knowing what’s happened across the state where there’s been injuries...I can’t support that liability for the Town of North Haven,” he said. “I can’t support having trails that can lead to injuries that put the taxpayers in a situation where it’s a liability for the town, where the town could be sued.”
Given that the commission felt the association was moving hastily with its requests to change the law, along with the number of unknowns regarding how they could manage its multiple responsibilities, the board rejected the association’s request for the town to amend Chapter 152.
The association also mandated to close the biking trails and remove signs in the park marking their location, and Chvisuk said that they are complying.
Sadowsky and the rest of the commission informed the association that for a request to amend Chapter 152 to be taken seriously, they would need to formulate a plan that involves participation from multiple parties and individuals that would be stakeholders in changed park regulations. These include the Inland Wetlands Commission, an environmental professional, and the commission itself. They also reminded the association that it did not have the power to change the ordinance, and that it would need to appear before the Board of Selectmen at a town meeting for ultimate approval.