Town counsel urges simple signs to clarify public access at Estabrook Trail after litigation

Chair called the Select Board to order and opened a discussion on signage for the Estabrook/Estabrook Trail following the conclusion of related litigation. Town counsel Mina McCarrios told the board the executive-session matter earlier in the meeting was limited to litigation strategy and real-estate negotiation and therefore did not trigger the individual-notice requirement that applies when a person’s character or reputation is discussed. "That is not the purpose of the executive session before you," McCarrios said, adding the session was limited to enforcement steps and negotiating positions in the Estabrook litigation.

Why it matters: residents and abutters have disagreed for years about public access and the rules that should govern visitors; the board has previously discussed signage but never installed the earlier version while appeals were pending. McCarrios and the town’s outside counsel recommended concise town‑installed signs that do two things: (1) clearly state that the public has access to the unpaved portion of the way, and (2) set out brief, reasonable rules for use. She and the counsel advised keeping any statutorily required language (for example, text required at the junction of a discontinued road and a public way) on the sign and using a QR code to link to the full court decision for readers who want legal detail.

What was discussed: staff and counsel recommended limiting the text so people will read the sign; Natural Resources Director Delia Kaye said the visitor rules proposed mirror those used on conservation land elsewhere in town. Counsel identified the left-hand text of the draft sign as the part that reflects statutory posting requirements and said that must remain. Board members suggested emphasizing the public-access point — "you have access" — while keeping the legal text reachable via QR code. Residents at the meeting questioned whether certain rules (for example, leash lengths, limits on numbers of dogs, or dusk-to-dawn access restrictions) were imposed by the courts or proposed by the town; Brooks Reed, an abutter, said he could not find dawn-to-dusk language in the court rulings and asked the town to confirm the legal basis for specific restrictions.

What the board decided: the board reached consensus on the sign principles — emphasize public access, state a compact set of rules, keep required statutory language where applicable, and include a QR code linking to the court decision — and asked staff to produce a redrafted sign for review at a future meeting.

Next steps: staff will return with proposed sign text and an electronic copy the board can share with the public. The board did not vote to install signs that evening.

Sources: Town counsel Mina McCarrios; Natural Resources Director Delia Kaye; public commenters including Brooks Reed and Miguel Echevarri.