Details of the Agreement to Re-open Town Beach Road in Nottingham

Nottingham Town Beach has provided a free public swimming area for town residents from Memorial Day weekend to Labor Day each year since its opening in 1964. 

Until this year. 

At the time of this article, the beach is still closed and is not expected to be open until July 6. 

In February, the owners of the land over which Town Beach Road crosses to connect Town Beach to Deerfield Road - the nearest public road - met with Nottingham’s Board of Selectmen to complain about the problems they were experiencing due to trespassers on their property and misuse of the beach and its access road. In addition, they were concerned about liability issues, citing an incident in which a falling tree limb nearly hit someone. 

Issues associated with the annual opening of Town Beach have been discussed at nearly every board meeting since April 15, On May 23 the board voted to close Town Beach indefinitely. See this article for more background information about the closure. In the board’s next meeting, on June 3, the board discussed some of the legal issues. At the next meeting, on June 17, the board disclosed that both the board and the landowners had rejected the draft agreement drawn up by the Town Attorney. 

At the July 1 board meeting, the board announced an agreement to re-open Town Beach Road.

Key items in the agreement:

• The agreement replaces any prior agreements.
• The access road to Town Beach depicted in Plan D-43763 in Rockingham County Registry of Deeds and referred to as “Existing Access Road to Town Beach” is to be hereinafter called “Trail.”
• The public may use the Trail from 9:00 a.m. to 7:00 p.m. from Memorial Day weekend to Labor Day. 
• The Trail may only be used to access Town Beach.
• Pets, watercraft, and recreational vehicles are prohibited. 
• Any prohibited use is trespassing. Trespassers will be prosecuted. The landowners may prohibit future access to the Trail to any trespasser. 
• The Town indemnifies the landowners for any liability associated with the use of the Trail.
• The Town will add the landowner to the Town’s liability policy. 
• Any maintenance of the Trail and the gate will require the landowners’ permission, which shall not be unreasonably withheld.
• Breach of the agreement allows either party to terminate the agreement immediately. 
• The landowners may terminate the agreement upon 30 days’ notice. 
• The agreement is not to be construed as granting an easement. 
• The agreement expires on October 1, 2024. Renewal requires the agreement of both parties. 

Map referred to in the text.Photo byDoug Bates