Frequently Asked Question (FAQ) about the proposed Squannacook River Rail Trail   

Last updated: Oct 9, 2021

The following frequently asked questions were written by the Squannacook River Rail Trail Feasibility Study Committee, as part of our investigation into the proposed Squannacook River Rail Trail.  While we have made every effort to make our answers as factual as possible, we are not experts in many of these fields, and have often had to rely on outside sources for information.  We have referenced those sources where possible. 

Questions   

 

Cost and Funding 

How would the design and construction of the rail trail be paid for? 

If the trail isn't built, what will happen to the money earmarked for it in the latest federal highway bill? 

How would maintenance be paid for? 

What would the maintenance of the Squannacook River Rail Trail cost?

Are there any up-front costs before the federal and state money would be released?

Would the town’s liability insurance increase?

What would be the bottom-line effect on the tax rate if the rail trail is built? 

 

Environment 

Would the effect on wetlands be evaluated before this trail could be approved?

What other environmental permits would be required?

How has the endangered Blanding Turtles affected the trail?

 

Privacy/Abutter 

Will rail trail users be asking abutters to use their bathrooms?

Where would the parking lots be?

What can be done to address abutter's privacy concerns?

Would this trail be built on any private land?

Would abutters be liable if someone is injured on their property?

Have the abutters been contacted about concerns they may have?

How close are residential abutters' property lines to the present rail bed along the proposed rail trail?

How have other rail trails in our area affected property values?

How has the Nashua River Rail Trail affected abutters?

How do Pepperell businesses near the Nashua River Rail Trail feel about the trail?

How do Groton businesses near the Nashua River Rail Trail feel about the trail?

Is there significant encroachment by abutters onto MBTA land along the proposed rail trail?

If abutters use MBTA land long enough, can they claim it as their own through the adverse possession law (squatters rights)?

 

Trail Design 

Why not build the trail in existing state forest in Townsend?

What will the trail surface be?

Will the rail trail block access to farm vehicles that need to cross it to reach their land? 

Would motorized vehicles be allowed on the trail?   

 

General 

This trail would be shorter than the Nashua River Rail Trail - why should we build it?

Has the town already approved the rail trail?

Are there concerns about signing the MBTA lease?

What about the section of the railroad in West Townsend to Old Turnpike Road?

Will the trail ever continue north of Turnpike Road?

Who will finally decide if the rail trail is to be built? 

Does the town already have guaranteed access to Harbor Pond by Route 119?

Will the trail ever continue into Groton? 

Will the trail affect the amount of land available for hunting in Townsend? 

If Townsend leases the MBTA land for a rails-to-trail conversion, could it then use that land for a sewer line?

Does the planned sidewalk along Route 119 make the rail trail unnecessary?


Answers

Cost and Funding 

How would the design and construction of the rail trail be paid for? 

The most recent federal highway bill, TEU-LU, contains funding for the design and construction of rail trails across the US.  Federal money would cover 80% of design and construction costs, and 20% would need to be matched by the state.  No local funding for construction is expected to be required. Congressman Olver has earmarked approximately four million dollars for north-central Massachusetts rail trails.  The Squannacook River Rail Trail will need to compete with those other three trails for these funds..

If the trail isn't built, what will happen to the money earmarked for it in the latest federal highway bill? 

According to Congressman Olver's office, the money would be used by other towns to build a rail trail elsewhere.

How would maintenance be paid for? 

Maintenance of the Squannacook River Rail Trail would be the responsibility of the towns.  The committee believes that this rail trail should be built only if it can be maintained without undue burden to Townsend and Groton taxpayers. 

What would the maintenance of the Squannacook River Rail Trail cost? 

The Rails-To-Trail Conservancy recently surveyed 100 open rail trails about their maintenance costs.  They found that annual maintenance costs varied from 700 to 2000 dollars per year per mile, depending on the degree of volunteer support.  Volunteers can reduce maintenance costs by doing such jobs as cleaning the trail, mowing, and clearing brush and drains.  For Townsend's 2.4 mile section, this would translate to annual maintenance costs between 1400 and 4800 dollars, and Groton's 0.9 mile section would translate to between 630 and 1800 dollars.  This is in line with the costs for the Nashua River Rail Trail.

These estimates do not include resurfacing costs, which depend on the type of trail surface.  For an asphalt trail, resurfacing is required approximately every 15 years at a cost of about 50,000 dollars per mile, or 165,000 dollars for this trail.  The resurfacing cost for a crushed stone trail would be somewhat less.  It is possible that some of these maintenance costs could be defrayed with grant money.  

Are there any up-front costs before the federal and state money would be released?

An engineering feasibility study is required before any federal and state money would be released. A similar engineering feasibility study in Concord for a 33% longer trail cost $25,000. 

Would the towns' liability insurance increase?

If a fee is not imposed on the use of the trail and the town does not engage in wanton or reckless conduct, a town would not be liable for personal injuries or property damage. A town would only be liable if an accident was caused by the negligent or wrongful act or omission of a public employee acting within the scope of his office. Limitations of liability, however, exist and are discussed in Massachusetts General Laws in the Tort Claims Act, Ann. Laws of MA, Ch 258 and Ann. Laws Ch 21 Sec. 17c.

Townsend, for example, currently carries a variety of insurance policies. Most likely relevant to trails would be the general liability policy with coverage to $1m/incident and a $3m umbrella policy. The MBTA lease will require some level of town coverage. If more is needed, separate policies for trails are available from a common provider of trail insurance with the average policy of $3m costing only a small fraction of Townsend’s existing liability policies.

What would be the bottom-line effect on the tax rate if the rail trail is built?

While we expect that trail design and construction can be covered by federal and state funding, the ultimate effect of the rail trail on the tax rate will depend on how much of the maintenance and other costs can be defrayed by grants and other fund-raising sources.  However, this is a question that would be addressed before a town makes any final decision whether to proceed with this project.

 

Environment

Would the effect on wetlands be evaluated before this trail could be approved?

There are some wetlands along the proposed Squannacook River Rail Trail.  The Wetlands Protection Act (WPA) governs activities affecting wetlands through the Townsend and Groton Conservation Commissions with Massachusetts Department of Environmental Protection (DEP) oversight. In general, for rail trails, any activity which will remove, fill, dredge or alter an area subject to regulation (i.e. wetlands, rivers and floodplains) requires the filing of a Notice of Intent (NOI). Also, any activity within 100 feet of an area subject to regulation (called the Buffer Zone) that, in the judgment of the issuing authority, will alter an area subject to protection, requires the filing of a NOI.

What other environmental permits would be required?

There are a whole series of environmental regulations that the rail trail design would need to satisfy.  These include the Rivers Protection Act, the Bordering Land Subject to Flooding regulations, the National Pollutant Discharge Elimination System (NPDES) Stormwater program, and the Massachusetts Environmental Policy Act.  A good description of these regulations can be found in the feasibility study written for the Bruce Freeman Rail Trail in Concord, MA (see Chapter 6, Environmental Permitting).

How any endangered species affected the trail?

In September 2003 the rail trail committee received a letter from the Natural Heritage and Endangered Species Program of the Massachusetts Division of Fish and Wildlife about the increased use of the rail trail encroaching on Blanding Turtle habitat in the area between Hollingsworth and Vose and Crosswinds Road in Groton. In the spring of 2004, our committee and Natural Heritage jointly developed a protocol to study how far north along the rail bed in Groton Blanding Turtle habitat extended. Trained volunteers from our committee, the Friends of Willard Brook, and the Squannassit-Petapawag Areas of Critical Environmental Concern Stewardship Committee carried out the study in May and June of 2004.  Blanding Turtles were neither observed basking nor nesting nor were any trapped in the study area, located north of the Bertozzi Wildlife Management Area.  As of now, the rail trail conversion would only be allowed from Townsend into Groton south to Bertozzi Wildlife Management Area.

 

Privacy/Abutter

What about concerns that rail trail users be asking abutters to use their bathrooms?

Some of the most important lessons learned from the Nashua River Rail Trail is that parking areas and facilities must be completed before the opening of the trail, and their locations must be well marked.  

Where would the parking lots be?

The preliminary engineering study will be addressing this issue, but our committee has made a number of preliminary suggestions.  In the center of Townsend, there are at least two proposed locations for a parking lot. The first is north of the rail bed to the east of Depot Street in the center of town. Another possibility is north of the rail bed just to the west of Central Plaza Shopping Center. A second suggestion is the MBTA owned frontage on the south side of Route 119 between Shepherds and Harbor Village, across from the fire station.  In Groton, parking in the area of Bertozzi Wildlife Management Area will be considered.

What can be done to address abutter's privacy concerns?

Part of the federal and state money earmarked for this project may be used to install hedges or fences to increase abutter privacy. These barriers may be placed relatively close to the rail trail, effectively ceding some MBTA land for the private use of the abutter. Also, since the MBTA land is 80 feet wide in most places, shifting of the trail away from homes while still staying on MBTA land is also a possibility. In any such trail shift, the additional cost and concerns of the landowner on the other side of the shift must also be considered.

Should this project proceed, it is expected that the design will be influenced by abutter concerns we have already documented and by future abutter input.

Would this trail be built on any private land?

No. All of the proposed rail trail and the accompanying facilities could be built on MBTA land. Although the report on our web site discusses possible trail shifts, these always remain on MBTA land.

Would abutters be liable if someone is injured on their property?

Massachusetts enacted Chapter 268 of the Acts 0f 1998: An Act Relative to the Liability of Certain Landowners to cover a private property owner’s general liability. Under this statute, liability does not hold for recreation injuries resulting from mere carelessness. To recover damages, proof is required that a landowner or town engaged in willful and wanton misconduct. Only if a fee were charged for access would there not be protection under a recreational use statute (voluntary contributions, however, are acceptable).  This statute provides that persons “shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of willful, wanton, or reckless conduct by such person.”  A complete discussion of all liability issues related to rail trails can be found here.

Have the abutters been contacted about concerns they may have?

Townsend abutters have. In the spring of 2004 letters were sent to all Townsend residential abutters of the originally proposed rail trail, inviting them to one of three meetings during the spring of 2004. Twenty-one abutters representing fifteen households, and two non-abutters, attended these meetings. The report on this web site records the issues they raised, along with our commentary. In the fall of 2005 letters were sent to the twenty-nine residential abutters of the smaller proposed trail in Townsend, offering site visits to each. In total, eight invitations to abutter’s properties were received to address individual issues.

How close are residential abutters' property lines to the present rail bed along the proposed rail trail in Townsend?

There is 46 3/4 feet from the center of the rail tracks to the southern property line for all except one of the residential abutters north of the MBTA line in Townsend. The one exception is 74 Main Street, where half of the southern property line is approximately 20 feet north of the rail bed, and the other half is the standard 46 3/4 feet. For the one residential abutter on Old Meetinghouse Road south of the rail bed, the northern property line is 35 3/4 feet from the center of the rail bed. These measurements are supported by both the Townsend Board of Assessors maps and the MBTA plans.

How have other rail trails in our area affected property values?

Properties adjacent to preserved natural areas and trails are reported to have elevated value. Realtor and rail trail advocate Craig Della Penna has published a report showing that homes in the proximity of the Nashua River Rail Trail and Minuteman Trail sell more quickly and at a higher percentage of their listing price as compared to compatible homes not near the trail in the same town.

How has the Nashua River Rail Trail affected abutters?

A panel discussion held in Sep. of 2006, addressed this question.  Here's an excerpt:

Representative Hargraves described the trail for him personally over the past five years as a “pleasure.” “It’s a nice, nice thing to have.  There have been virtually no problems,” he said. He indicated that abutting property owners in Groton  had not experienced any difficulty with trail users and that he had decided against using fencing or signs on his property abutting the trail. 

How do Pepperell businesses near the Nashua River Rail Trail feel about the trail?

We asked Inez M. Gove, Pepperell Planning Administrator, to answer this question.  She replied, "Initially businesses in and around the rail trail did not all embrace the idea of a rail trail coming through as they were concerned with the limited parking in the downtown area being used by folks using the rail trail.  Officials at the state and local level heard the cries of business owners regarding parking and a small parking area adjacent to the rail trail was built.  Now business owners seem to be much more accepting of the rail trail and have put in bike racks, etc., to accommodate folks using the trail and encouraging them to frequent their businesses."

How do Groton businesses near the Nashua River Rail Trail feel about the trail?

We asked Michelle Collette, Groton Planning Administrator, to answer this question.  She replied, "The Nashua River Rail Trail is a great benefit to the Town of Groton and the businesses located in the Town Center.  Many people from Groton and the surrounding area use the trail on a regular basis, and many others come a long distance to enjoy the trail.  The local businesses benefit from increased pedestrian traffic and many more customers.  To my knowledge, none of the local businesses have ever complained about the trail having a detrimental effect on business. The Town of Groton is looking forward to creating a mixed use development, with small shops and housing units, off Route 119 at the end of Station Avenue.  The rail trail is definitely the anchor that will draw people who will patronize local businesses in the Town Center as envisioned in the Town's Master Plan."

Is there significant encroachment by abutters onto MBTA land along the proposed rail trail?

As of our 2003 survey, there were no structures owned by residential abutters on MBTA land along the route of the proposed rail trail, nor were there any other significant residential abutter encroachments. Encroachment by a business, however, occurs at Harbor Auto Body where, according to our analysis of its deed and the Townsend Board of Assessors maps, MBTA property extends approximately 24 feet north of the rail bed. There Harbor Auto has paved land and erected a chain link fence extending south from its boundary and onto the rail bed. Harbor Auto believes that it owns that land, but this conflicts with the plot plan referred to by its deed (a copy of which has been forwarded to Harbor Auto).

If abutters use MBTA land long enough, can they claim it as their own through the adverse possession law (squatters rights)?

No. Massachusetts General Law, chapter 160, section 88 specifically excludes taking railroad land using adverse possession.

 

Trail Design

Why not build the trail in existing state forest in Townsend?

Level rail trails are ideally suited for use by people who would not normally hike in the woods,  such as the elderly, young children, families and bicyclists.  Additionally, this rail trail would be unusual in that it would not just be useful for recreation. Sidewalks are found on only a small percentage of roads in Townsend, which precludes safe travel on many roads.  The Townsend rail line, however, connects major areas of Townsend – including Townsend Harbor and the town center.  For many older children the trail would provide an alternative to being driven places or to riding a bicycle on Route 119.  Townsend’s state lands do not offer this benefit.

What will the trail surface be made of?

The selection of the trail surface is dependent on a number of factors. One is cost of construction and maintenance. Construction costs vary widely depending on design. For example, a granular stone trail may be in the order of $60,000-100,000/mi. and an asphalt trail in the order $200,000-300,000/mile.  Irrespective of trail design. the entire construction cost will be covered by grant funding.  If the towns choose to build the trail with money from the federal highway bill, the design and construction of the trail would be overseen by MassHighway.  To date, all the rail trails built by MassHighway have had asphalt surfaces, although they are said to be considering allowing granular stone. Maintenance costs are also affected by the type of trail surface.

The choice of trail surface also affects what uses a rail trail can have.  Rollerbladers are unable to use a granular stone surface, but wheelchairs and almost all bicycles can.

Will the rail trail block access to farm vehicles that need to cross it to reach their land?

Easements to cross are common on rail trails and are usually marked by signs such as “Caution – Farm Vehicle Crossing”.  These signs afford safety and alert rail trail users that people crossing the trail with vehicles are within their rights.  One example of this is the Amadon's crossing right between 104 and 106 Main Street in Townsend.

Would motorized vehicles be allowed on the trail? 

The general feeling in the towns is that there should be no use by any motorized vehicle with the exception of police patrols and trail maintenance.

 

General

This trail would be shorter than the Nashua River Rail Trail - why should we build it?

See the many reasons the build the Squannacook River Rail Trail here.

Has Townsend already approved the rail trail?

No. While there has been considerable town interest expressed in a rails-to-trail conversion, no decision has yet been made. We see the role of our committee as assessing feasibility to help the town make this decision; that is, we are committed to gathering all necessary information, whether advantageous or disadvantageous to such a rails-to-trails conversion.

Are there concerns about signing the MBTA lease?

Yes.  Some of these may have been addressed when the state legislature passed a law allowing towns to buy subsidized environmental insurance to protect them.  Read the details of this important step for rail trails in Massachusetts in the press coverage.  More details about the main concern of environmental liability are given here.

What about the section of the railroad in West Townsend to Old Turnpike Road?

Since fall 2004, our committee has focused all its efforts on the proposed rail trail from Townsend Harbor to Townsend center. Prior to that, we encountered a number of issues west of the center of town that led us to scale back our study. Critical safety issues exist at highway crossings at Rte. 13 and Rte. 119. The integrity of the railroad bridge trestles would need to be determined. In general, we support the concept of such an extension. However, we feel that the above problems, if solvable at all, would need input from people more expert than ourselves. Finally, it is important to note again that should an extension into West Townsend be determined to be feasible, any decision to continue the rail trail beyond Depot Road would be made by the voters of Townsend.

Will the trail ever continue north of Old Turnpike Road?

At this time, the committee does not propose extending the trail up to the Mason border. One reason for this decision was that when this project began, the Mason-Greenville trail was heavily impacted by ATV’s. There was concern that such a connection would increase ATV usage in the Townsend State Forest. Recently, the town of Mason banned ATV use on the trail, and so it is possible this particular concern may be reevaluated in the future.

Who will finally decide if the rail trail is to be built?

Whether or not this rail trail is to be built will be decided by the voters of Townsend and Groton.  The committee is committed to generating as much information as possible for voters to make a fully informed decision.

Does the town already have guaranteed access to Harbor Pond by Route 119?

Almost all of the land along Harbor Pond where it is visible from Route 119 is owned by the MBTA. The MBTA has never restricted access to Harbor Pond, but the MBTA currently would have the right to fence in that land at their property boundary. Signing the rail trail lease would give Townsend, not the MBTA, control over that land, and ensure continued access to Harbor Pond for both the town and abutters.

Will the trail ever continue into Groton?

As as June 2007, the planned first stage of the Squannacook River Rail Trail was expanded to include 0.9 miles from the Townsend/Groton border to the Bertozzi Wildlife Management Area. Due to the Blandings Turtle issue, without any trail rerouting, the rail trail conversion may be restricted south of the Bertozzi Wildlife Management Area.

Will the trail affect the amount of land available for hunting in Townsend?

In Massachusetts, hunting is generally prohibited with 500 feet of buildings or dwellings, and within 150 feet of a road.  A rail trail to the best of our knowledge is considered to be equivalent to a road.  Along most of the proposed Squannacook River Rail Trail there are buildings or dwellings relatively close by.  Since the 500 foot buffer zone round these buildings is larger than the 150 foot rail trail buffer zone, in these areas the rail trail would have no impact on the amount of land available for hunting in Townsend.  This leaves about only 1200 feet of the rail trail west of Old Meetinghouse Road where hunting would be shifted south, as shown in this map.

If a town leases the MBTA land for a rails-to-trail conversion, could it then use that land for a sewer line?

The MBTA does lease or license its land for utility occupations such as sewer lines.  However, according to the MBTA, this would be negotiated separately from the rails-to-trail lease.

Does the proposed sidewalk along Route 119 in Townsend make the rail trail unnecessary?

The proposed sidewalk on the north side of Route 119 from the North Middlesex Regional High School to the Townsend Common could greatly enhance pedestrian safety. However, a sidewalk does not increase bicyclist safety. While bicycles can legally ride on the sidewalk in Massachusetts in non-business districts, studies have shown that bicyclists are even less safe on sidewalks than on busy roads. The authors of these studies note that the higher accident rates are due to drivers failing to notice bicycles on sidewalks when pulling out or turning. The rail trail would be a flat, quiet, safe recreational facility for a variety of users including pedestrians, and would provide easy and safe bicycle access to all the same areas that pedestrians can access from the planned sidewalk. The rail trail would open up access to large undeveloped natural areas for a broader range of people to discover and enjoy.

Update as of Feb, 2007:  According to Greg Barnes, the planned sidewalk is in serious jeopardy.  The town voted to raise $100,000 for the required engineering work, but the estimates for that engineering work came in at $250,000.  Mr. Barnes indicated he does not plan to ask the town for that additional funding, but is considering applying for a grant.