⚠️ Key Unknowns and Unanswered Questions: MWV Trails Association Rec Path Phase 2

1. Project Authority and Scope
Who authorized the Town to redefine the Rec Path as two separate projects, one funded by the EDA (Whitaker Woods) and another by the NBRC (rail corridor), when no such restructuring was approved by the Board of Selectmen?

2. Grant Compliance and Oversight
Have the EDA and NBRC formally approved this split structure? If not, which entity is legally responsible for ensuring that the two projects still meet continuous-use, reporting, and matching-fund requirements?

3. Easement Acceptance and Legal Standing
Why has the Town not initiated the RSA 41:14-a process required for accepting easements, when that process is a statutory prerequisite to acquire any interest in land? Is the proposed “umbrella corridor” approach using the NHEC utility line as a catch-all easement even legally valid under New Hampshire law?

4. Railroad Right-of-Way Impasse
What happens if NHDOT and Conway Scenic Railroad ultimately deny use of the rail corridor? Will the Town be left with a stranded, dead-end path that fails the original project’s connectivity goals and grant terms? Has an alternative route been formally presented, or is it still being improvised behind the scenes?

5. Deed Restriction and LWCF Conflicts
How does paving through Whitaker Woods, protected by a 1971 deed requiring it remain in a “wild and natural state”, comply with the spirit or letter of that covenant? Why is the Baxter State Park case being cited as justification when it bears little resemblance to this situation? And has the National Park Service approved the work under the Land and Water Conservation Fund (LWCF) Section 6(f)(3) process, as required? With the US Government shutdown now running longer than any past shutdown, how long will it take to get this review completed?

6. Insurance and Liability Coverage
Has Primex confirmed in writing that municipal insurance coverage applies to a shared or co-sponsored path on private or restricted land? If an incident occurs on a segment not yet accepted by the Town, who is liable: the Town, the Trails Association, or the private landowners?

7. Transparency and Public Communication
Why have material updates, including the project’s split, grant scope changes, and easement strategies, not been publicly discussed before action was taken? Who decided to proceed with this information gap, and why are residents forced to learn critical details only through meeting packets or late-stage disclosures?

8. Fiscal Accountability
Of the $450,000 already spent on engineering and design, what portion came from the Connie Davis Watson grant, and what are the restrictions on that funding? If the federal segments stall or fail, who is responsible for reimbursing unallowable costs or covering future maintenance obligations?

9. Environmental and Engineering Risk
Have environmental impact approvals, including to wetlands, drainage, and habitat, been fully disclosed and reviewed by the Board of Selectmen? When will this occur? Have there been any changes to the plan that may impact wetlands review, and if so, when will we be made aware of any changes?