Trespassers trashing conserved farm trust in Acworth

By GLYNIS HART
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Editor’s Note: the following article has been corrected, as an earlier version mistakenly attributed remarks made by select board chairman Bob DeValk to Jim Jennison. 

ACWORTH — Responding to the misuse of a nearly 1,000-acre parcel of agricultural and forest land protected by a conservation easement, the Roy Farm Trust requested the select board act to stop people trashing the scenic property on Derry Hill Road. 

At the Acworth select board meeting Monday night, attorney Amy Manzelli of BCM Environmental and Land Law appeared on behalf of the Roy Farm Trust. The Roy Farm conservation easement was sold to the town in 1991, with some assistance from the state. Manzelli said the property has been damaged by people driving motorized vehicles on agricultural fields, vandalizing the house, barn and farm buildings, and dumping trash, tires, and “even sometimes animals.” 

The town’s conservation commission had previously asked the trust to change the posted signs from No Trespassing to No Wheeled Vehicles. According to the terms of the easement, the public has a right to enjoy the property. 

Manzelli said, “What I mean by the problems is that public misuse on the farm violates the easement.” 

She said the landowner had placed barriers, such as logs, to prevent motorized vehicles going on the property and those had been removed by unknown persons. 

Currently, the public use is being preserved in that the posted signs list two phone numbers people can call for permission to access the property. “Folks have been granted non-hunting public access,” said Manzelli. “Hunters who have called have self-opted not to hunt there this year.” 

Manzelli said they are asking the town to adopt the current management plan for six months, during which time her firm, the landowner and the town would work together toward a “long-term, realistic solution.

“There is public access now,” she continued. “You adopting this would continue it.” 

She said they had spoken with the state Office of Strategic Initiatives, and learned that “the state would like to see the trust and the town work it out without state interference.” 

To the select board, she said, “You have the right to prohibit public access, if you find it in the public interest to do so. We’re not asking you to adopt a management that prohibits public access; we’re asking you to adopt the current management.”

Their reasons for asking for six months included: minimizing the effect on hunting season; that the Office of Strategic Initiatives recommended one year, followed by a review; and “with holidays approaching, I think this is realistic.” 

Manzelli said the easement allows the owner to post against motorized vehicles, and to prohibit use as necessary to protect agricultural and forest land. “The conservation easement has been set up to protect the conservation values: open space, magnificent views … It’s important not to have piles of tires and piles of trash.” 

One drawback to policing the property is the lack of a good map, detailing which areas would be suitable for uses such as parking, trails and so forth. A long-term management plan could include rules for different areas, with some areas with very restricted use. “Right now, we don’t have a great image,” said Manzelli. “It’s literally very difficult for us to be on the same page.” 

“We need better documentation of violations,” she added. 

The select board voted to table the action until the next meeting. 

“We need time to think this over,” said Frank Emig. 

DeValk asked Manzelli if her firm were recommending that the trust “continue to break the law. Nowhere do I see where you or your representatives have the right to stop usage,” he said to landowner Chester Thibault. 

The property is currently posted against trespassing. Manzelli said the public has a right to pedestrian access, and the trust has the right to prohibit vehicle access. “We are here tonight to recognize there is a problem and do what we can to fix it.”