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Townsend December 8, 2006
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Selectmen want firm Rail Trail costs before committing
By Karen Mann Journal correspondent

The Squannacook River Rail Trail Committee must have all cost issues resolved before selectmen will consider signing a lease agreement for the land on which the trail will be located.

Selectmen reaffirmed the decision they made last spring, saying they would only support the Rail Trail project if it were of no cost to the town.

"I am willing to let them continue," said Selectman David Chenelle. "They are a volunteer board. No town money has been spent yet."

He told the committee he would not sign into a lease if they had not resolved all financial issues ahead of time.

Selectman Maureen Denig was more apprehensive to let the group continue with a feasibility test and environmental study.

"It is apparent to me costs will be incurred by the town," she said. "If there are going to be costs to the town, stop now."

Steve Meehan, a member of the Rail Trail Committee, said the town would eventually incur the cost of maintaining the trail.

Residents present at the public hearing were unhappy with the prospect of the town assuming the expense.

"No matter how you look at this project, there will be cost to the town," said John Beaulieu. "I hope that selectmen seriously think and do what is best for the town."

Other residents reminded selectmen of the vote that was taken by voters last spring when a thousand people said they would support the rail trail if it were of no cost to the town, and Townsend was indemnified from environmental issues that might arise from the project.

The Massachusetts Transportation Bay Authority, which currently owns the land, would not put an indemnification clause into a drafted copy of the lease agreement.

Steve Winslow, an environmental attorney who has worked on other rail trail projects, said the town could purchase environmental insurance. This would help if unknown chemicals or unexpected environmental hazards were found during trail construction.

The policy would cost the town $50,000 to purchase, but there is grant money available, Winslow said. He estimates the town would spend $5,000 a year for five years to have an insurance policy.

According to Winslow, there is a $50,000 deductible per incident, with a coverage limit of $3,000,000. He said the

insurance policy must be purchased before the MBTA will sign onto a lease agreement with the town.

Winslow told selectmen any known hazards would not be covered by the insurance, but it could be written into the lease they are known hazards.

He also recommended if a trail is built, testing be done on the area before construction starts. The lease agreement allows for this, he noted.

Town officials would still be responsible for removing contamination found during testing. Winslow said it would be 20 to 40 percent cheaper to remove contaminated materials before trail construction started.

Chenelle told the Rail Trail Committee it would have to provide the money for these costs as well as the insurance policy before he would sign a lease agreement.

No vote was taken at the meeting.