Leominster residents swarmed the microphone at City Hall on Monday night, as a 5 p.m. information session about the 4.5 mile Twin City Rail Trail bled into a formal City Council meeting that officially started at 7 p.m.
Economic Development Coordinator Nikki Peters spent much of the evening on the defensive as concerned residents and council members pelted she and the rest of those tasked with planning out the Leominster portion of the trail with questions about easements and encroachments associated with the trail’s construction.
The concerns and exultations were not unusual for a project of this magnitude, and they were frequently emotional. Some abutting property owners among the dozens who attended the session expressed reservations about privacy and general inconveniences that a busy rail trail might generate, particularly for their yards and driveways. Others argued that the benefits of constructing a bike and walking path that would connect Leominster and Fitchburg outweighed any of the costs, monetary or otherwise.
“Work it out,” Ronnie Houle, a self-identified cycling enthusiast, ordered council members after detailing his personal experiences biking around the city. Houle, a former councilor, described the perils of biking through downtown Leominster, in particular, and invited critics of the project to cycle around for a day, in order to truly understand the difference that a formal pathway could make for those who ride their bikes on a regular basis.
One key problem for many opponents of the bike path concerned encroachments. Because the city of Leominster used federal funds to buy the old railway space, the city is obligated to follow the federal government’s rules regarding that money, Peters explained during the meeting. One of those rules requires that every encroachment on the purchased property be removed, which means that abutting property owners who have used the land over the years must remove anything that they have placed there over the years.
Leominster resident Andrea Freeman implored those concerned about encroachment problems to look at the bigger picture, noting that such property owners making use of the old railway property were not actually using space that belonged to them, in the first place.
“When it’s not your land to start with, fair is fair,” she said.
Tempers flared twice during the meeting, when Leominster residents Mary Jean and Paul Habert separately accused planners of neglecting some abutting property and business owners’ concerns with regard to encroachments and privacy, respectively. Jean’s comments, some of which were on behalf of business owners who weren’t present, were ultimately interrupted by Mayor Dean Mazzarella, who attempted to defuse the tension. Mazzarella asked that any business owners with concerns show up to similar meetings in person, to share their thoughts directly.
By and large, there appeared to be little consensus among residents or elected officials regarding whether property and business owners were adequately consulted. Still, looming over the situation were the federal funds secured to fund part of the project. Under those stipulations, the city of Leominster is required to see the project through, or else risk having to pay the federal government back for the money they were granted, Peters explained several times throughout the course of the evening. And, according to Peters, that includes making sure that all encroachments are removed.
Visiting Fitchburg City Councilor Anthony Zarrella took the microphone toward the end of the session to summarize the legal situation. “The removal of encroachments is a done deal,” he said.
The larger trail project is expected to cost about $18 million, which includes funds from the federal, state and local governments. Money from the cities of Fitchburg and Leominster has been and will be used to acquire land, as well as the property easements needed for the project.
The trail will stretch from Mechanic Street in downtown Leominster and end at the MART Intermodal Transportation Center in downtown Fitchburg. It would follow the path of the decommissioned Fitchburg & Worcester Railroad line, which later was owned by CSX Corp.
Before construction can begin on the 12-foot wide paved path, both cities need to approve easements by Aug. 15. According to state law, municipalities can acquire property for public necessity, convenience, and to improve public welfare.
Fitchburg moving forward with plans
Fitchburg council members voted unanimously to approve one permanent easement and six temporary easements on July 16, moving them a step ahead of their Leominster counterparts, who have not yet done so. Councilors said a secure right-of-way is necessary for the project.
Fitchburg Planning Director Tom Skwierawski said the total cost for the easements was about $77,000.
The permanent easement contains 5,194 square feet held in the name of Fitchburg Green Apartments.
“That’s sort of the landing point from where the trail is off road to where it becomes and on road trail,” said Skwierawski.
Property to be taken includes a temporary easement at 110 Middle St. valued at $60,600 for 8,632 square feet of land. Other property includes 480 Water St. valued at $10,700 for 3,958 square feet and 0 Water St. valued at $3,100 for 1,075 square feet.
The remaining temporary easements are at 1292 Water St., 1422 Water St., and 0 Duck Mill Road. Together the easements cover less than 1,000 square feet.
The temporary easements last for five years before the rights are returned to the owners. Money was appropriated for taking the land by City Council on Feb. 19, 2019.
“The easements are just for purposes of construction, the property won’t be used continuously for five years,” said Skwierawski.
The approved easements in Fitchburg only cover what is needed for the first phase of the project, and city officials say more would be needed to complete Phase 2.
Leominster has yet to approve an eminent domain order for easements on its side of the trail.
According to John Roseberry, Leominster’s Right-of-Way representative, the city will need to carry out seven permanent easements and 24 temporary easements.
Roseberry said the easements range anywhere from 25 square feet to nearly 46,000 square feet.
