July 31, 2006
WAKEFIELD DAILY ITEM
BOSTON - A proposed 4.5-mile bicycle and pedestrian pathway connecting Wakefield and Lynnfield is one step closer to reality now that the House and Senate have overridden Governor Romney's veto of an initiative that protects the financial interests of both communities.
The Legislature has restored language Senator Richard R. Tisei inserted in the Economic Stimulus Bill to shield communities pursuing rail-trail projects from potential liability for site contamination. As a result, Wakefield and Lynnfield will soon have access to matching grant funding through the Department of Economic Development to purchase environmental liability insurance protection.
Tisei's plan sets aside $500,000 to help cities and towns obtain policies with coverage limits of at least $3 million per incident and a deductible of up to $50,000 per incident, for a term of at least five years.
As a member of the conference committee that crafted the Economic Stimulus Bill, Tisei was pleased with the Legislature's decision to overturn the Governor's veto.
"This funding is crucial to moving this long-awaited project forward," said Tisei, who co-sponsored the proposal with Senator Pam Resor of Acton, "Without the liability protection these policies provide, Wakefreld and Lynnfield could be leaving themselves - and local taxpayers - vulnerable to potentially costly litigation in the future."
Al Turco, a member of the Wakefield Board of Selectmen, has played a key role in developing and promoting the local rail-trail project. He has been working closely with Tisei to try to make this insurance option more readily available to communities.
The planned bicycle/pedestrian pathway will follow the rail corridor that runs from the junction on Main Street in Wakefield near the Galvin School to the intersection of Water and Vernon Streets. It will then continue into Lynnfield and extend another 2.5 miles to the Lynnfield/Peabody border.
Because the trail will run along former MBTA train routes, local officials are concerned the project costs could increase due to possible site contamination from oil and other chemicals. One of Tisei's chief priorities has been making sure Wakefield and Lynnfield can minimize their exposure to any possible liability claims.
"Passage of the rail to trail environmental liability legislation is the necessary first step that can ultimately lead to the conversion of the unused railroad tracks that run from the Junction in Wakefield to the Lynnfield/Peabody line into a beautiful 4 1/2-mile bicycle/pedestrian path," said Turco. "I commend Senator Tisei, who spearheaded this legislation, for his success in securing its enactment. I would also like to thank both of Wakefield's state representatives — Mike Festa and Mark Falzone — for their efforts.
"As the Selectmen's representative on Wakefield's hard-working rail to trail committee, I will now focus my efforts on seeking state and possibly federal funding for this important project," he added.
With the liability issue resolved, the two towns should now be able to move forward quickly to work out the necessary lease agreements with the MBTA. Both communities are seeking a 99-year lease agreement at a cost of $1 per town.
"There are so many positive benefits associated with this project, not only for the environment, but also for the local economy and for the residents who will be now be able to enjoy enhanced recreational opportunities," said Tisei.
"This represents a significant victory for the towns of Wakefield and Lynn-field," the local lawmaker added. "I look forward to continuing to work with both communities to help bring this important project to a successful completion."