ANDOVER — Voters struck down a proposed zoning bylaw change that could have stopped work on the Haggetts Pond rail rail.
More than 700 people voted Monday night at a Special Town Meeting during which three warrant articles involving the trail were presented. The meeting was held in response to residents opposed to paving the trail. Two of the three articles were withdrawn during the meeting.
The town is attempting to create a paved path at Haggetts Pond that would comply with the Americans with Disabilities Act.
Petitioners said the trail project would have negative environmental consequences, while town officials and opponents said the proposed zoning articles would have major impacts on other projects and residents.
Petitioners attempted to amend two of the articles to limit the scope of their impact but both amendments were rejected.
Don Schroeder, who proposed Article 1, argued that paving the trail was only the town’s preference. Article 1 was later defeated.
“It runs right through the wetlands,” he said.
Some advocates for people with disabilities argued that pavement is needed, including members of the Commission on Disabilities.
The town plans on paving 1.6 miles of the Haggetts Pond trail. The trail would be 8 feet wide with a loam and seed shoulder.
Opposition arose as abutters heard about the project during a series of public meetings last summer. The opponents have primarily cited environmental concerns.
Paula Colby-Clements, who chairs the Finance Committee, said the articles could have posed a financial risk, adding that the changes would affect residents’ property rights. She said that’s why zoning changes need a lengthy review.
Town Manager Andrew Flanagan offered a rebuttal to the petitioners, explaining the lengthy process that usually proceeds a vote on zoning changes.
Since Haggetts Pond serves as the town’s water source, opponents have often raised concerns about how the project could affect public health.
Flanagan explained that more than 60% of the water from Haggetts Pond comes from Fish Brook and the Merrimack River. He also talked about how much time the town has spent reviewing water quality.
As part of the Conservation Commission’s approval process, the group has enlisted experts to conduct two environmental reviews of the project. Stormwater will also be reviewed.
The project is being funded through American Rescue Plan money and a state grant. Since the money coming from taxpayers the project has not needed Town Meeting approval, some in the community feel like they have been left out of the process.
While attempts to stop the project through zoning changes have failed, the project still needs to overcome a number of obstacles.
Town Counsel Doug Heim said the Conservation Commission’s pending decision could be appealed in court or through the state Department of Environmental Protection.
If any of the articles were approved, it is unclear if they would have had the desired effect since some may have been preempted by other laws.