Neighbors Differ Over ATV Use In Town Of Busti

BUSTI - When does using an ATV in a responsible manner in a field stop being good clean fun and start to be a nuisance?

The answer to this question might be unknown, but the Busti Town Board could be called on to draw a line.

During a board meeting April 5, John McGreath approached the board about the use of ATVs by teenagers in a field near his property. He asked the board and the Lakewood-Busti Police Department to look into the situation because he felt the children could possibly hurt themselves while using the ATVs. Plus, he said there was constant noise and dust being stirred up causing a nuisance in the neighborhood, which is at the corner of Winch Road and Baker Street Extension.

On Monday, Cynthia Carlson, owner of the property where the ATVs are being used, and neighbor Johneen Hoose spoke during the Busti Town Board meeting about a letter they received from the town asking for the motorized vehicles not to be used in the field anymore. The two said they gathered signatures from all the neighbors in the area, except McGreath, before the meeting on a petition stating that they didn't mind the use of ATVs in the field, which go around a track. Also, Mrs. Carlson said all riders are insured in case of injury and wear the necessary protective gear.

''We're responsible for our kids,'' she said. ''The kids know they need to wear helmets.''

The two parents said the good clean fun their children have on their ATVs is better than them sitting them in front of a television playing video games or allowing them to be on the streets causing trouble.

Legally, though, whether it is good clean fun or a nuisance, certain aspects of using the ATVs in the field is illegal. Joel Seachrist, town attorney, said the track aspect of the ATVs going around in the same circle is against town zoning laws.

''The use is not permitted in the area,'' he said.

The board members told Mrs. Carlson that ATVs are allowed to be used on random trails on people's property, but a track cannot be formed. Kathleen Sullivan, Busti supervisor, then suggested to the parents that they try to talk with McGreath about the issue and work to alleviate the problem, which they had not yet tried. Kenneth Lawton, board member, added that he thought McGreath was an approachable man and a solution seemed probable.

''I bet you can work this out. He seemed like a reasonable person,'' he said.

Ms. Sullivan said that the town doesn't need to be involved in the situation if the two parties can settle their differences.

''If you can come up with an agreement, great,'' she said.

In other business, the board is supporting the Chautauqua Watershed Conservancy in its application for grants for the proposed Loomis Goose Creek Wetlands Preserve. In April, John Jablonski III, executive director of the conservancy, appeared before the board asking for support from the town for grant applications to purchase 25 acres of Goose Creek lakeshore on Route 394. The 25 acres of floodplain is the third largest wetland on Chautauqua Lake, has migratory waterfowl and is a habitat for bald eagles. The Chautauqua Watershed Conservancy is hoping to raise about $90,000 to purchase the land along Route 394 for the proposed Loomis Goose Creek Wetland Preserve Management Plan. He said about $25,000 has been raised so far and the conservancy hopes to purchase the land by the end of summer.

He said the land is not only an important bird habitat and wetland area, but also filters sediments and debris to protect Chautauqua Lake and other properties from flooding. He said the purchase would maintain the area as a fish and wildlife habitat, provide limited public access for bird and wildlife watching and hiking.

In April, a resolution to support the CWC was tabled by the board to find out more information on the project.

The board approved its annual financial support to the Chautauqua Lake Association, approving the $10,000 that was appropriated in the town budget.

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Source: http://post-journal.com/page/content.detail/id/558253.html?nav=5018