Since my last post on the subject of a bike path on the Newburyport Branch out of Wakefield, a committee has been formed and is working with the Wakefield Selectmen. A recent article in the Wakefield Observer indicates that an attorney has been hired to help in environmental concerns along the right-away. The following article was from the Wakefield Observer Newspaper, 12/23/04
Rail Trail Moves Forward
By Lisa Guerriero/
[email protected]
Thursday, December 23, 2004
The town will hire an attorney to handle environmental issues that could arise as Wakefield and Lynnfield develop a rail-trail plan.
Selectmen voted recently to retain Steve Anderson of Anderson & Krieger LLP, who will represent both towns as they lease an old MBTA right-of-way to create a pedestrian trail.
Selectman Al Turco, who attends rail-to-trail meetings, said environmental issues will likely confront trail planners, and they could be costly. "It doesn't have to be Mr. Anderson, but we need eminent environmental counsel to proceed," said Turco before the board voted 6-1 to retain Anderson.
The 99-year lease provided to the towns by the MBTA allows for no environmental testing before the deal is sealed, but it says any "onerous" environmental work would be done by the MBTA.
Turco said there is "quite possibly" environmental contamination along the 150-year-old trail, which stretches from Wakefield through Lynnfield's Reedy Meadow and stops at the Peabody line.
The trail would follow a freight line that begins at "The Junction" near Main Street and North Avenue and run northeast into Lynnfield.
It would be a place for residents to walk, skate and bicycle.
Anderson, who has done work for Wakefield in the past, is now representing the town of Acton in a rail-to-trail negotiation, and has helped officials there draft protections for both the town and the MBTA.
Retaining Anderson should cost an estimated $5,000 to $10,000 per town.
Town Administrator Thomas Butler said he expects to pay the fees through the town's legal counsel budget. If the budget runs out because of various legal costs, Butler would ask the Finance Committee to approve spending reserve cash.
John Gallucci was the only selectman to oppose the decision, saying Town Meeting should be able to weigh in on tapping reserve funds.
"I can't support that," Gallucci said.