Concrete barriers blocking a mile of the Northern Rail Trail in Andover have been removed as part of an agreement that lets the man who blocked the trail use it for his equipment, but the underlying legal question that led the landowner to place the barriers remains unsettled.
Attorney General John Formella announced Friday afternoon that the state “has secured a temporary agreement resulting in the removal of the physical barriers that blocked access to the Northern Rail Trail” but said the agreement “does not resolve the underlying legal issues involving the Northern Rail Corridor, including the state’s authority to operate and manage the Northern Rail Trail.”
The trail, used by thousands of people, was blocked over Memorial Day weekend by Leonard Caron, who owns some 300 acres of land adjoining the trail, including a gravel pit. Caron placed so-called Jersey barriers at each end of a mile-long stretch of the trail following a dispute with town and state officials over his use the trail.
Caron says he needs to drive heavy equipment on a short stretch of the corridor to access his land because he was told he would no longer use a former railroad bridge that local officials say cannot handle the equipment’s weight. He placed the barriers after getting a cease-and-desist order about driving on the trail.
Under the agreement announced Friday, Caron can run heavy equipment on the trail for about 230 feet between his gravel pit and a connecting road, including over the railroad trestle, although not on weekends or holidays “except in the case of a local client having an emergency for which the client requests his gravel products.” In winter, he can only do this during daylight hours.
“Caron shall stop and yield to all trail traffic at all points of access and shall only proceed when the trail is clear in both directions,” the agreement says.
It also notes that “Nothing in this Order authorizes or permits use of the Corridor by any other person or entity” and emphasizes that it is an “interim” agreement.
The former Boston & Maine rail line was bought by the state in 1995 and has been a well-used biking and hiking trail for many years. The Northern Rail Trail runs 59 miles from Lebanon to Boscawen, where it connects to the Merrimack River Greenway trail, which is under development in Concord.
The state Department of Transportation says a title review confirmed that the strip of rail trail in fact belongs to the state and not Caron, but he has disputed that, claiming he has documents showing that ownership and use of the trail are actually open.
Disputes over rail trails involving abutters are not uncommon, but they generally deal with noise, parking, or other concerns about overuse. It is extremely unusual for a well-established trail to be blocked as part of such a dispute, said Eric Oberg, senior director of programs for the national Rails-to-Trails Conservancy. Oberg told the Monitor he couldn’t remember any similar case in the country.
Friday’s agreement follows the Department of Justice’s filing of a civil complaint in Merrimack County Superior Court. In that lawsuit, the state seeks a court determination regarding its authority to operate and manage the Northern Rail Trail, as well as the resolution of claims of interference with the trail and alleged damage to state property caused when Caron moved some existing rails to place the barriers.
