This is the well-hidden gem of Dearborn Pond in Sanbornton, NH. I recommend you do your best to avoid it. I saw very large hoof prints of a giant mammal just below where I took this photo. You’re looking northwest at a southeast-facing flank of Hersey Mountain. Copyright 2019, Tim Carter
Dearborn Pond NH – A Mystical Mountain Oasis
“I’ve not yet done my required walk today, so that’s number one on my list of things to do,” I said as I answered Jim’s phone call.
“Listen. Let’s go hike up to Dearborn Pond. It’s the perfect length and I’ve not been there for going on ten years or so. We can do some radio from a cabin up there.”
That was the proposal my good friend Jim Cluett, W1PID, made to me mid-afternoon yesterday. I accepted his proposition as I had not been to this heretofore unknown oasis.
This is a section of the Class VI road you wander along to get to and from Dearborn Pond. The Town of Sanbornton NH owns the road, but it’s not maintained. A decent 4×4 vehicle can traverse it in good weather. Snowmobiles overtake the road in winter as they claw their way up and around Mt. Hersey. Copyright 2019 Tim Carter W3ATB
It was about a one-mile hike up a class VI road from where we parked Jim’s paprika-colored Subaru. Class VI roads in NH are not paved and can be almost impassable in good weather because of severe erosion. This particular road was in quite good shape and the vegetation was trimmed so your vehicle wouldn’t look like it had been in a catfight.
Ancient stacked stone walls lined the road as we marched up the steep first section. I constantly marvel at how the homesteaders 160 years ago positioned some rocks that weigh well over 700 pounds.
Here’s a typical stone wall along the road to Dearborn Pond created by rounded rocks tumbled by the continental glacier that covered all of New England 13,000 years ago. There are miles of these stone walls in the forests as the homesteaders cleared the land to make pastures for sheep. It was easier to stack rocks to control the wandering sheep than put in fenceposts and rails. The wool sheared from the beasts was used to make woolen items exported to Europe before the Civil War. Copyright 2019 Tim Carter W3ATB
Before long the gravel road started to head down to a stream crossing.
“There’s a trail here to the left that will take us up to the pond.” Jim remembered it clearly even though it had been ten years since he had last been here. Vegetation grows fast and thick in the short summer season in New Hampshire. I think Jim forgot that part.
This is what I saw when we finished bushwhacking the last 100 yards to the pond. Not a soul was near us. The blue sky of the morning yielded to quite a few clouds in the afternoon. It’s truly a magical place, but as I said earlier, you probably don’t want to come here. The 70-foot tall tree with the thick trunk in the photo would hold up my antenna just five minutes after taking this photo. Copyright 2019 Tim Carter W3ATB
Neither of us could see any sign of a trail, but that wasn’t to stop us from bushwhacking our way. I knew the pond was above us as its overflow no doubt fed the trickling stream. It’s now the dry season in New Hampshire and some streams shrivel to tiny rivulet ribbons. This one was no exception.
The Throw
“You set up your gear this time since I used all my stuff on Sunday.” Jim was right, it was my turn.
Just off the corner of the cabin was a 70-foot-tall straight maple tree. Its crown was narrow, perhaps just 12 feet.
“Do you think you can get your water bottle up there?” Jim knows better but asks because I’m convinced he loves to get a rise out of me.
“Whatever. Just watch and see.” I murmured as I was coiling up my halyard string so it wouldn’t get snagged in the tall grass or a twig. Watch this video to see how it’s done:
Moments later I was swinging my water bottle just as David did before he slew Goliath. I released my water bottle at the precise instant so as to go nearly straight up and sail over the tallest branch of the tree. There was virtually no margin for error.
“Oh my gosh! That was the best throw I’ve ever seen you do!” Jim exclaimed.
It was a remarkable throw and it’s just about the only thing I can do better than Jim on a routine basis. He’s an expert radio operator as well as a marksman. He still can make perfect throws too, and I often wonder if he’s just toying with my ego when he makes a ho-hum throw of his own.
But just ten days ago he did have a major failure at Potter Place. One of his Nalgene water bottles decided it much preferred to dangle 50 feet up in the air for the near future near the historic railroad station rather than come back down to be stored in his dark backpack. The trees at Potter Place have an appetite for water bottles. But I digress!
It doesn’t take but a few minutes to set up my Elecraft KX2 radio. As usual, I had a 29-foot wire attached to a 9:1 unun to help tame the impedance in the short wire. Fortunately, there were a few strong signals on 20 meters. Copyright 2019 Jim Cluett W1PID
“When I used to come up here years ago I’d sit on that porch and make contacts. Now it’s screened in.” Jim mused thinking of past excursions to this most wonderful location so close to his house.
“Well, I think this place would make a perfect location for Field Day next year. We should reach out to the owner to see if he’d let us sit on the porch.” I pondered.
“Do you think you could get your truck up here?” Jim wondered.
“Are you serious? It’s a Ford Super Duty 4×4. It’s not even a test of its skills and magic.” Tsk tsk, I thought.
Jim decided he didn’t want to do radio so I sat on the steps and got on the air.
Jim is also damned good at taking great photos. It looks like I just woke up with my frazzled hair! There wasn’t any room for him to sit on the steps with me so he was banished to the rocks at the edge of the pond. My Elecraft KX2 is powered by a mighty Bioenno LFP 3 Ah battery. It allows me to be on the air for hours of fun. Copyright 2019 Jim Cluett W1PID
“I’ll just sit over here on the hard rocks near the ants and other bugs. Don’t worry about me.” Jim is quite talented at throwing a blanket of guilt over me. My mother would be so proud of him! RIP mom!
At first, I heard Hristo, LZ2HR calling CQ from Bulgaria. His signal was very strong. I sent my call sign, but other stronger stations drowned out my meager 9-watt invisible digital transmission.
Next up was Bernie, KB4JR, who was in Lake Wales, FL. We had a nice slow back-and-forth conversation. I told Bernie I was “on a hike near a pond in NH”. I don’t think he quite believed me, but he surely will after he reads this tale!
I wanted to get at least one more contact in my logbook before we left as it was starting to get close to 5 PM.
I went back and found Hristo and other stations were trying to contact him as well. I tried to sneak in between a few conversations but my weak signal wasn’t cutting it.
There was no way I was giving up. Just as he finished up a short contact with another operator and before he sent his CQ again, I cast my callsign into the ether right into his radio.
BOOM! Hristo heard me and gave me a respectable 559 signal report!
We decided to pack up and get back home as dinner time was fast approaching. Outdoor hikes and radio make for a delightful time. You might want to try it, but for goodness sakes don’t do it at Dearborn Pond!
After I got home, Jim sent me the following photo he took. Ansel Adams would be proud no doubt!
Copyright 2019 Jim Cluett W1PID
Hi Tim,
Save yourself a trip to the Town. The NH Current Use info & laws are easy to find online. Bottom line: The landowner does NOT have to post land in current use nor do they have to allow public use.
To get you started, this, from the NH Current Use Coalition website:
Q: Isn’t it true that all Current Use land is open to the public?
No. There is no requirement for Current Use landowners to allow public use of their land. Current Use land is private property and the landowner has the right to decide how their property is used. For more information, see the section on Public Use, excerpt below:
Public recreational use of private property
In New Hampshire we have a unique expectation of access onto property owned by others that is unknown in other states. This expectation is a very New Hampshire concept, an extension of our motto “Live Free or Die”. In fact, in many states, land open for public use is posted with signs that say so because the land use expectation is NO TRESPASSING.
Many of us feel as if that freedom of access is our right, but the truth is more accurately said that it is a cherished New Hampshire tradition. The use of any private property, whether enrolled in current use or not, is a privilege. Not all land uses are compatible, and it is the landowner’s right to decide how they want to use their land.
Is Posting necessary?
It has been argued that land enrolled in current use should be required to allow public access. The truth is that not all current use land uses are compatible with all public access uses. For example, agricultural industries would not be economically possible without the Current Use Assessment. Taxed at ad valorum (as house lots) they would be taxed out of existence.
Yet farmers must utilize posting out of necessity. Farmers want people to stay off their crops and keep motorized vehicles out of their hayfields. Many of the things that the public takes for granted, like hayfields, to a farmer mean financial investment and livelihood. The hunter in the cow pasture doesn’t intend to shoot at any of the cows, but the farmer has understandable concern for the safety of his expensive livestock. To minimize crop and livestock damage and loss, the farmer may resort to posting the land.
Posting is also a necessary safety tool for logging operations. While the overwhelming majority of private forestland is open for public access, posting is often used in areas with active logging. It may be your favorite hunting spot, but if the land is being logged, you may be in the way, not to mention in danger! Loggers themselves also prefer to work in a safety zone, free from stray bullets.
The bottom line is that the taxpaying landowner may have current use compatible land uses that unlimited public access could disrupt or harm. It is their right to manage their land in any way they choose–and that includes posting it.
Critics have claimed that current use landowners should be made to allow public access in exchange for the tax treatment the land receives. However, numerous Cost of Community Services* studies have demonstrated that current use land pays more in taxes than it costs the town in services. In other words, despite the reduced assessment, and corresponding lower property taxes, current use land pays its fair share. Land use decisions should remain where they belong, with the landowner.
(*Cost of Community Services studies compare taxes paid to the services required in a given town for a specific year. For more information visit the American Farmland Trust website at http://www.farmland.org)
Why does a landowner decide to post their land?
There are two common reasons. First, they just purchased the property and they are worried about liability, or of what might happen if they didn’t post. Second, they have had trouble with others using their land. In the first instance, the liability of landowners that allow free public access is limited. New Hampshire has recognized the value of public access with a statute protecting those generous enough to share their land.
Although problems with the public’s use of private property are real and do occur, landowners should not let the possibility of these events influence their decision to post their land. The majority of landowners never experience any problems with others using their land. The likelihood of having any problems is very small.
What sort of problems do landowners who allow public access have?
The good news is the majority of landowners never experience any problems with others using their land. Unfortunately, however, problems with the public’s use of private property do occur. Grafton County Forester Nory Parr identifies the dumping of trash and the rutting of roads, trails and landings by wheeled vehicles as the most common landowner complaints. While trash is annoying and undeserved, it can readily be remedied. On the other hand, wheeled vehicle damage can be difficult and sometimes costly to repair. Erosion and damage to environmentally sensitive areas are possible consequences of misuse. Other problems stem from conflicting uses of the same land.
Who do I call if I have problems with others use of my land?
You can call local law enforcement for any trespass or misuse issues.
Here to help if you have further questions. Cheers!
On behalf of the Richard and Evelyn Dearborn Memorial Trust, I want to provide comment to your blog entry.
The property on which you conducted your radio hobby is indeed private property. As such, the general public is not welcome to trespass onto the property, the same as the general public is not welcome to trespass onto any other private property without permission or invitation. I do appreciate that in your well written and well-meaning blog, you advise the reader to “…avoid it,” (our property), and “….don’t want to come here,” but we do not appreciate the attached map which may serve to entice and encourage other trespasses. I spoke with the Chief of Law Enforcement, NH Fish and Game Department, and representatives from the NH Tree Farm Program and Town of Sanbornton, all of whom agree and suggested we consider taking further measures to discourage further trespasses. Further, I have spoken with three of our abutters who are also concerned of traffic on the road which serves to destroy the drainage and creates deep ruts and other damage to the trafficked surfaces which adversely affects our properties and our family managed tree farm operations.
We are aware of our neighbors and family friends who generally let us know out of courtesy when they visit our property, or they ask permission before going to our property. We own and maintain the property for our privacy and enjoyment, and we ask that everyone respect our rights as property owners as we respect yours.
It is our desire that you, as a minimum, remove the map from your blog. Even doing that may not be enough as this blog is on the internet, which is likely permanent.
If you would like to discuss this further, I may be contacted at wookie_9876@yahoo.com.
Thank you,
W. Dearborn, Trustee
Dear W.Dearborn:
I’m sorry if my radio activity caused you distress, but we didn’t see any posting signs along your property border. Can you share if your property is in current use? I can check myself with the Town of Sanbornton, but if you’re currently enjoying the current use tax relief, then the public has the right to cross your land.
On behalf of the Richard and Evelyn Dearborn Memorial Trust, I want to sincerely thank you for removing the map to our property from your blog. We greatly appreciated your attention to that matter. Out of curiosity, I quickly (but not completely) looked at a few of your radio adventure locations, and I noted that our property seems to be the only private property listed, although I did not take the time, nor do I have the time, to read your entire blog.
After reading your response, I was somewhat dismayed that your final assertion included what I read and perceived to be an assertion of your and the general public’s “entitlement” or a challenge to our property rights and limits of those ownership rights. So, I sought guidance/recommendations from those who deal with Current Use law, forestry and private property trespass on a day to day basis to ensure that I was able to respond to you with credible, up to date and accurate information. My intent is not to engage in making unsubstantiated comments, rather I only offer corroborated facts. I offer these facts to you which I received from state and local authorities as well as taxation, Tree Farm and forestry experts and our abutters as I sought guidance and recommendations on how to deal with those who believe they are entitled to trespass upon our property.
You might be interested in knowing that your response was perceived by at least seven others who I spoke to, as being negative in content/context, but specifically, your stated assertion of “the public has the right to cross your land.”
To ensure I completely understood the ramifications and legalities of posting our property and enforcement measures, I first contacted The State of New Hampshire Department of Revenue, Current Use Board to ensure that there are no other guidance documents from the Department of Revenue in addition to the publication “State of New Hampshire Current Use Criteria Booklet For April 2019 to March 31, 2020 and there was not (several months ago). The link to this document can be found at https://www.revenue.nh.gov/current-use/documents/2019-booklet.pdf . This document provides an excellent, comprehensive definition of Current Use and how it’s applied, to include the protections given to landowners of property in Current Use. Further, as the previous blog contributor offered, the organization SPACE publishes the document “A Layperson’s Guide to Current Use and may be found at https://newenglandforestry.org/wp-content/uploads/2016/04/CurrentUseLaypersonsGuide.pdf . The representative at the Current Use Board who I spoke with stated that “he (you) has an incorrect interpretation of the law.”
I then visited the Chief of Law Enforcement, New Hampshire Fish and Game for the second time with your response in hand, followed by a visit and conversation with the Sanbornton Chief of Police; followed by a visit to the Town of Sanbornton’s assessor’s office. I also had conversations with our abutters and a forestry expert regarding actions that may be taken to address folks who attempt to assert themselves as entitled people on our private property regardless of their activity.
I’ve read about landowners who are challenged with current use issues, and I had hoped that we wouldn’t ever be among the challenged. As I visited and spoke with those aforementioned state and local officials, I was told by several persons that people who disregard and/or trivialize landowners and their property are the reason why land gets posted and access is limited or denied to the public. Landowners don’t want the hassle of dealing with others who disrespect their rights as property owners, and their property, so they post the property and everyone loses.
Because this event made us aware that there are those with beliefs or attitudes of believing that they are entitled to cross/traverse our property at will, we spent some time considering posting our entire property which would ultimately assist law enforcement officers to prosecute trespassers. We decided to table the posting for now, as we don’t want to penalize those local folks and sportsmen who we know respect and enjoy our property, and have always shown respect for our rights to own and enjoy our private property without having to educate them as to what is lawful and what is right. We plan to continue to grant permission on a case by case basis, and we plan to work more closely with the State of NH Fish and Game Department officers and the Sanbornton Police Department on a more regular basis.
You might be interested in knowing that our forefathers were the men you cited in your blog entry who built those stone walls that you referred to in your blog. They built those walls in the late 1700s and early 1800s when they first moved to Sanbornton 200 years ago. We are the 5th generation who have owned this property, and as trustees of the property are charged with the preservation, protection, maintenance and upkeep of that property. In addition to those charges, we have taken steps to improve and maintain wildlife habitat which benefits not only wildlife, but sportsmen as well – all of which are an expense to the trust. To that end, we balance our privacy, our needs, and our rights to enjoy our property and have generously allowed others access to our property throughout much of the past 200 years. That’s why your friend from Sanbornton has been able to sit on the porch and practice his hobby in the past. Not because we have to allow folks to cross/traverse our property – it is because we have been gracious and generous owners throughout the past decades. During my queries for information, I was thanked several times by the Chief of Law Enforcement, NH Department of Fish and Game Department for not posting our property and keeping our property open to hunters despite the number of trespasses and damage to our property by others.
I appreciate that you apologized for any distress caused by your radio operation. However, I want to ensure that you understand that it is not the fact that you were practicing your hobby on our private property as your opening remark suggests. It is the fact that you put the map to our property online which served to entice others to trespass as well. Not only did I assert this belief in my first response to you, but one of the Chiefs made the same assertion when I first explained the situation to him. Additionally, your closing assertion was perceived by all who I spoke with as a challenge to our legal rights and our control over our property. Because of this perceived challenge, I regretfully must inform you that you are not welcome on our property until you have written permission in hand. Had it not been for your last sentence, my response would have been a simple “thank you” and leave it at that.
I was asked by law enforcement if I wanted them to visit and educate you. As I didn’t and don’t want to escalate matters any further than they have been, I volunteered to patiently, responsibly and generously explain to you the resources that are available to you regarding properties in current use. I elected to take the time to give you the resources that you need to know as you “cross” or “traverse” other’s property(ies) and educate you personally instead of having someone knock on your door as was offered. I do wish however, that you had elected to contact me via my email to discuss this further as I offered to you before, instead of over a public forum. Although, the dialog may help others in your hobby to understand that your harmless hobby of radio operation is not immune from scrutiny or restriction of the owners of the properties you practice your hobby on.
This concludes my comments and conversation with you regarding this matter.
Respectfully,
W. Dearborn, Trustee
Copies furnished to:
Chief of Police, Town of Sanbornton
Chief of Law Enforcement, State of New Hampshire Fish and Game
State of New Hampshire Current Use Board
Town of Sanbornton, Tax Assessor
Mr. W. Dearborn,
I apologize once again for trespassing on your land. Rest assured it will never happen again. I own 90 acres of current use land in New Hampton and the historic Blake Brook waterfalls are on my land. You’re more than welcome to cross my land at any time to visit these majestic falls. There are three sets of falls and here’s a video that shows two of them. You can consider this reply as written permission to hike my land and enjoy all its beauty. https://www.youtube.com/watch?v=TQpxfipO4qM
That was a great adventure.
73,
Dale