Railroad Easements May Be Sticking Point

            During the May 12 meeting of the Mattapoisett Bike Path Study Committee, Chairman Steve Kelleher said that a 1997 Town Meeting article that was passed by the voters was never effectively acted upon by the then seated Board of Selectmen.

            Appraisal of the railroad easement along Fairhaven Road to North Street had never been completed. The committee is in the early stages of planning Phase 2a, a section of the recreational pathway that would bring it from Railroad Avenue across Route 6 and then onto North Street. But in the absence of completion of the easement processes that could lead to the town’s ability to utilize them, progress has slowed.

            In a follow-up with Mike Gagne, former town administrator and current Planning Board administrator, he discussed the nuances of the situation.

            “An order of taking was never executed,” Gagne began. He said that research into existing documents in the matter failed to turn up anything about this necessary first step. “The article was written with the language ‘by purchase or by eminent domain,’ but an appraisal was never done,” he explained. Gagne said appraisals are needed as is a review of any encumbrances that may exist on the property in question. “Are there owners? Did the railroad easement lapse back to the owners?” This is part of what must be resolved now, he said.

            Gagne said that funding obtained and passed at Town Meeting from the Community Preservation Act for bike path matters could be used to pay for appraisals and document research. “We’d have to do another order of taking, we’d have the appraisals, and the (Select) board could bring it back to a future town meeting.” He added that affected property owners have the right to appeal land takings in Land Court if they believe their damages are more than the sum being offered.

            Earlier in the day, the Bike Pedestrian Committee chaired by Bob Teixeira gathered for a delayed kick-off meeting for the projects that will be funded by Complete Street grant monies. Attending the meeting were Kim Craig and Bill Mertz of World Tech, the consulting firm assisting the town in Complete Street matters. After a study (see 2015 Complete Street study available at www.mattapoiset.net/bike-path-study-committee) that in part identified safety upgrades associated with public roadways and other upgrades, a list of projects was developed.

            The committee discussed the installation of traffic calming radar signage along North Street and modifications to the intersection of the bike path at Brandt Island and Mattapoisett Neck Roads. They also discussed necessary documents for construction bidding, a process that World Tech would manage.

            The modifications at the intersection were discussed at length with World Tech, providing conceptual designs of traffic islands intended to alert cyclists on the pathway that an intersection is ahead. A granite raised structure with slanted edges and an interior space for plantings was preferred by the majority.

            The next meeting of the Mattapoisett Bike Path Study Committee will be posted. The next meeting of the Bike Pedestrian Committee is scheduled for Wednesday, June 16, at 2:30 pm.

Mattapoisett Bike Path Study/Bike Pedestrian committees

By Marilou Newell

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