Letter to Massachusetts Electric requesting permission to use the trail between Stevens Pond and Weir Hill

as a North Andover Recreation Trail, sent to John Upham by Mark Rees on February 5, 2002

The Town of North Andover

Mark Rees

North Andover Town Manager

120 Main Street

North Andover, MA 01845

(978) 688-9510

Mr. John Upham

Vice President

Massachusetts Electric

A National Grid Company

1101 Turnpike Street

North Andover, MA 01845

January 30, 2002

Dear Mr. Upham,

The Town of North Andover respectfully requests permission to use a section of property owned by Massachusetts Electric as a Town Recreation Trail. This one-half mile section of the former Essex Railroad, now owned by Massachusetts Electric, exists between the Town owned land at Stevens Pond and The Trustees of Reservations’ property at Weir Hill. The track on this former railroad bed was removed over forty years ago, and this path has been in use since that time as a recreation trail. The Town of North Andover is requesting official permission from Mass Electric to identify this as a Town Recreation Trail for non-motorized use. We would like to promote its current use by walkers, bicyclists, and cross-country skiers.

Massachusetts Electric has utility poles with power lines running adjacent to this trail, and they use it for service access. It runs from Stevens Street, across from Harkaway Road, to Pleasant Street, Southwest of Steven Pond. The trail consists of a gravel railroad bed, which has been maintained by Massachusetts Electric. There is a cable gate strung between two utility pole sections preventing vehicle access at both ends, with a walking path around this gate at the Stevens Street end. Walkers and bicyclists currently duck under, or step over the cable gate at the Pleasant Street end.

The Town is asking for permission to allow placing signs on the trail identifying it as a recreation trail for non motorized use, modifying the entrances to allow pedestrian and bicycle access while restricting motorized vehicles (except for authorized Mass Electric or Town Emergency Vehicles) and to allow the Town to work with the North Andover Trails Committee on maintaining the trail.

This path has two abutters, The Trustees of Reservations’ Weir Hill property and the Town owned land surrounding Stevens Pond. Massachusetts Electric also maintains an Electric Substation located near the trail, but separated from it by approximately 50 feet of dense vegetation and the chain-link fence surrounding the substation. The Trustees of Reservations has given their support to this request, and their letter of support is included in this request.

The Trail would be used by walkers, bicyclists and cross-country skiers for recreation. It connects to trails leading to the Town land surrounding Stevens Pond, and the Town Beach, and to the trails leading to the property at Weir Hill and Lake Cochichewick. The Trail passes over a Stone Arch Railway Bridge built in the latter part of the 19^th century. It is at this historic landmark that it joins the trails to Stevens Pond, Weir Hill and Lake Cochichewick. One of the goals of requesting formal permission to establish this as a Town Recreation Trail is to properly place signs identifying the connection between the Trail atop the Stone Arch Bridge and the trail passing beneath it. This will help prevent erosion around this landmark caused by walkers taking inappropriate paths between the two trails.

The Commonwealth of Massachusetts has legislation that limits the liability of landowners for land that is allowed for public recreation use without a fee. Please see the attached Massachusetts General Law Chapter 21: Section 17C, Public use of land for recreational, conservation, scientific, educational and other purposes; landowner's liability limited; exception. This will insure that Massachusetts Electric, and its parent company, National Grid, would not be held liable for any incident occurring on this section of trail owned by the company. We are aware that Massachusetts Electric has successfully worked with other communities in the Commonwealth to arrange for use of their property for Community Paths, and we look forward to working with you on this project.

The Town of North Andover looks forward to working with you on the development of the North Andover Recreation Trail

We thank you for your consideration of this matter.

Sincerely,

Mark Rees

North Andover Town Manager

Attachments:

Map of North Andover showing proposed North Andover Recreation Trail between Stevens Pond and Weir Hill

Topographic Map Showing Trail Between Stevens Pond and Weir Hill

Aerial Photo (Mass GIS 1995) Showing Trail Between Stevens Pond and Weir Hill

Photographs of Proposed North Andover Recreation Trail