July 20, 2006
WAKEFIELD DAILY ITEM
BOSTON - By a 154-0 margin, the House of Representatives overrode the governor's veto of legislation designed to facilitate the creation of rail trails, Representatives Mark Falzone (D-Saugus) and Michael Festa (D-Melrose) said yesterday. Locally this legislation will greatly assist the creation of such a trail along Reedy Meadow and adjoining land going into Wakefield and Lynnfield.
With the passage of this legislation towns and cities will now have the opportunities to take control of unused railroad paths, so they can be turned to a new use as trails, without subjecting the community to unacceptable risks of liability from pre-existing conditions over which the town had no control and which are difficult to assess accurately prior to transfer.
Falzone said, "Our local rail trail efforts have had tremendous support from both Wakefield town officials and grassroots citizens in Wakefield. The good news of this House override is that, with similar passage by the Senate, we can address the major hurdle of the environmental liability issues. Without the assistance provided in this legislation, our communities have been unable to sustain the risk of liability or to afford necessary insurance. As I spoke in favor of passage on the House floor, I thought of both the vast healthy recreational opportunities that will open up to bikers, hikers and others who enjoy the outdoors, as well as the opportunity that a growing Massachusetts network of trails gives us to fight back against ever-escalating traffic congestion and energy prices."
Festa noted, "I am so pleased that the House took up this override in a timely manner. The overwhelming number of colleagues who stood with us in overriding this veto sends a clear message to the administration that this provision will benefit cities and towns across the Commonwealth. The resolution of the environmental liability issue will allow Wake-field to move forward toward the ultimate goal of building a rail trail that will serve as a fun resource to residents of Wakefield and the surrounding communities."
Falzone added, "I joined the Legislature's Rails-to-Trails Caucus to fight for legislation such as this that helps open up possibilities for recreation, healthy exercise and alternative ways to commute. We now have an exciting chance to put a fantastic resource to a wonderful new use. It has been a pleasure working with so many interested and enthusiastic people in town who see the potential of these trails for our community, and who have worked so hard to realize their vision for the responsible reuse of rail trails for all our neighbors. Their intelligent efforts and engaged activism have been an inspiration and will add greatly to our local quality of life."
Local plans call for the proposed bicycle/pedestrian path to be constructed in the rail corridor that runs from the Junction on Main Street in Wakefield, near the Galvin Middle School, to the intersection of Water Street and Vernon Street and on to the Wakefield/Lynnfield line, a distance of about two miles. It would then extend into Lynnfield, through the Reedy Meadow, another 2 1/2 miles to the Lynnfield/Peabody border.
Many communities have raised concerns because, under current MBTA policy, they are often not allowed to gain access to a site eyed for development until a 99-year lease with the MBTA is signed.
Because of this policy, cities and towns have no way of knowing the extent of contamination that may be present due to oil and other harmful substances. Without the protections offered by liability insurance, many cities and towns are unwilling to actively pursue site improvements due to cost concerns.