The following letter to the editor was submitted by Andover resident Steve Walther, a local government activist. The views expressed are solely those of the authors and do not necessarily reflect the views of Andover News. You can learn more about our policy on opinion and commentary on our Mission and Policies page.
Many town residents are mourning the loss of the Haggetts Pond Rail Trail (HPRT), as a nature trail that is now being paved over by the Town of Andover. For some mobility impaired users with joint or balance issues, the loss a soft natural surface is irreplaceable and the trail will no longer be accessible to them. The Town had identified multiple alternative sites, but despite the community opposition and the significant regulatory hurdles of paving through wetlands, by certified vernal pools and the only public water supply; the Town focused solely on the HPRT location. An attempt to get an emergency injunction was based on the Town’s failure to follow legal requirements (Article 97) for land formally taken by the Town for water supply protection.
The Town has a history of ignoring Article 97 (Massachusetts Constitution) legal obligations, such as at the Andover Dog Park, where it was forced to belatedly do a land swap to comply. Belated enforcement of Article 97 is not an option for the Haggetts Pond Rail Trail (HPRT), not only because there is no equivalent land to swap, but primarily as the damage created by paving a roadway (HPRT pavement design standards are for light trucks, not pedestrians) through the wetlands and vernal pools cannot be undone. Without the injunction, bulldozing, tree clearing and paving can proceed long before an Article 97 case can be decided. Unsurprisingly, nobody was given a chance to vote on this ~$2 million project.
Steve Walther
Andover
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