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.