10.08.2017 Views

ONE2017finaledits 08-03-17

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

will move forward,” said Naomi Dreeben,<br />

chairwoman of the Swampscott Board of<br />

Selectmen. “Now it’s time to heal the rift in<br />

our town.”<br />

In addition to trail-related concerns<br />

voiced by other communities facing similar<br />

decisions, Swampscott residents must still<br />

address controversy over land ownership<br />

along the former rail corridor.<br />

The Boston & Maine Railroad once<br />

operated trains along the route. When the<br />

company divested, the land was sold to the<br />

Massachusetts Electric Co., now known as<br />

National Grid. The electric company utility<br />

poles were installed along the right-of-way<br />

and remain in place to transmit kilowatts to<br />

Marblehead.<br />

Over the years, the steel rails and<br />

wooden railroad ties were removed, and<br />

some abutting residential property owners<br />

began using pieces of the National Grid<br />

land as their own. A few of those abutters<br />

attempted, and in some cases may have<br />

succeeded, in obtaining title to those plots.<br />

“If certain residents encroached on land<br />

owned by National Grid, that means they<br />

have been using it and might not be paying<br />

taxes on it,” said Swampscott Community<br />

Development Director Peter Kane. “We’re<br />

not looking to take anyone’s land. We<br />

simply want an easement. We can’t go<br />

forward with any grant application until we<br />

have the acquisition rights in hand.”<br />

Of the $850,000 approved by Town<br />

Meeting, $610,000 will be used to acquire<br />

the land-use rights. The remainder would<br />

cover design and planning costs.<br />

If a property title search indicates an<br />

owner has encroached on the National<br />

Grid land, it would be difficult to challenge<br />

the town’s intent to obtain an easement.<br />

However, if the property owner holds title to<br />

an abutting piece of the utility corridor, the<br />

town would be forced to take legal steps.<br />

Kane acknowledged the ownership<br />

borders are murky along a small section<br />

of the rail corridor, adding, “This isn’t an<br />

eminent domain taking. We just need to<br />

clarify ownership through title searches.”<br />

Kane’s office will now solicit bids for<br />

design and engineering plans. The annual<br />

debt service on $850,000 is approximately<br />

$65,000, he said.<br />

The proposed 10-foot-wide trail would<br />

follow a route from the Swampscott train<br />

station to the Clarke Elementary School,<br />

Swampscott Middle School and Stanley<br />

Elementary School until it connects to<br />

Marblehead’s trail.<br />

“The plan is for a stone dust surface,<br />

which would be aesthetically in keeping<br />

with Marblehead’s and much less costly<br />

than an asphalt surface,” Kane said.<br />

At slightly less than two miles in length,<br />

trail construction would cost approximately<br />

$400,000, but that estimate is not definitive<br />

nor is it included in the funds approved by<br />

Town Meeting, he said.<br />

Kimberly Nassar, who headed the<br />

opposition group, said in a statement<br />

following the June 29 vote, “We will<br />

now continue the legal steps needed to<br />

demonstrate what we have stated all<br />

along: that the abutters own much of the<br />

land along the proposed rail trail and for<br />

the town to acquire that land by eminent<br />

domain will require millions of dollars in<br />

taxpayer monies.”<br />

As for other concerns unrelated to the<br />

land titles, Kane said, “They’re pretty much<br />

the same wherever somebody proposes<br />

building a trail. It’s fear of the unknown,<br />

fear of change. I read a newspaper story<br />

that quoted a Danvers resident who was<br />

very much opposed to the Danvers trail but<br />

now uses it regularly and can’t say enough<br />

good about it.”<br />

LYNN<br />

In Lynn, the plan for a bike and<br />

pedestrian trail has been under discussion<br />

for years. Bike to the Sea has been part<br />

of those talks, which involve obtaining a<br />

necessary right-of-way.<br />

“You must sign an agreement with the<br />

property owner that says you will take<br />

care of the right-of-way. That just hasn’t<br />

happened in Lynn,” said Attorney Stephen<br />

Winslow of Malden, founder of Bike to<br />

the Sea, an organization that over the past<br />

two decades has actively supported bike<br />

trail initiatives.<br />

In some communities, that agreement<br />

may mean accepting responsibility for<br />

routinely clearing brush, maintaining<br />

pathways and elevated walkways, and even<br />

plowing snow in winter if the trail surface<br />

is asphalt.<br />

“If the trail becomes an integral part of<br />

the community, where it provides a walking<br />

PHOTOS: MARK LORENZ<br />

route to the schools or the local businesses,<br />

then it might be kept open year round,”<br />

Winslow said.<br />

According to Lynn Community<br />

Development Director James Marsh the<br />

city’s trail project is currently in the predesign<br />

phase. If built, it would extend 1.2<br />

miles through Lynn along a former MBTA<br />

railroad corridor, starting where Boston<br />

Street crosses the Saugus River and ending<br />

on Spencer Street.<br />

“Before we jump into it, we want to know<br />

all the variables that are associated with<br />

liabilities,” Marsh said. “That’s why we’re<br />

taking baby steps. Those are important if<br />

we’re going to make this a reality.”<br />

Marsh estimated the design would<br />

cost $50,000 to $75,000, 50 percent<br />

of which would be paid for by a grant<br />

from the Lawrence and Lillian Solomon<br />

Foundation.<br />

The foundation strives to increase<br />

access to the state’s natural, cultural and<br />

recreational resources and recently assisted<br />

the Watertown Riverfront Park and<br />

Braille Trail.<br />

Marsh, representatives of the Office<br />

of the Mayor, and local property<br />

management executive Gordon R. Hall<br />

have been overseeing the plan, which<br />

includes discussion of a long-term land<br />

lease from the MBTA, Marsh said.<br />

Lynn officials also have been monitoring<br />

the waterfront along the Lynnway where<br />

new development is slated because any<br />

construction would impact the proposed<br />

pedestrian boardwalk connecting the<br />

Nahant traffic circle to the General<br />

Edwards Bridge.<br />

Marsh cited the former Beacon<br />

Chevrolet property across from North<br />

Shore Community College and the<br />

O’Donnell property near the Saugus<br />

River as waterfront development sites.<br />

“Under Chapter 91, a boardwalk would<br />

be required at each site and the private<br />

developers would pay for it,” he said.<br />

“But all of that is many years away,” he said.<br />

10 | ONE MAGAZINE | SUMMER 20<strong>17</strong>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!