From: Naftal, Robert A (Bob)
Sent: Wednesday, January 09, 2002 3:49 PM
To: 'Mark Rees'
Cc: 'Hmurciak, Bill'; 'Soucy, Fred'; 'Stanley, Chief Richard'
Subject: North Andover Letter to Mass Electric for Stevens Pond Trail
Use, and "Share the Road" Bicycle Signs
Mark,

The North Andover Bicycle Advocacy and Trails Committees looks forward to working with your office, and the NAPD and DPW on these issues.  We are meeting tonight, and will draft the letter to Mass Electric, similar to the letter originally sent to you.

We would appreciate if you would please identify the official Mass Electric Contact for the Town of North Andover.  We are aware that there is a Field Engineer (or similar role) which deals with each of the local communities.  We think that the letter should go to this person, as they are responsible for maintaining a good relationship with the Town.

Regarding the Share the Road Bicycle Signs, we would appreciate estimates from Sgt. Soucy and/or Bill Hmurciak, as appropriate, for the costs to buy and install signs.  Is it correct to assume that the installation labor costs are  included as routine maintenance costs in the DPW budget, so that we only have to look at covering the purchase price for the signs?

Thanks for your help.

Bob Naftal

-----Original Message-----
From: Mark Rees [mailto:townmanager@townofnorthandover.com]
Sent: Wednesday, January 09, 2002 9:38 AM
To: 'Naftal, Robert A (Bob)'
Cc: Hmurciak, Bill; Stanley, Chief Richard; Soucy, Fred
Subject: RE: Thank you!
 

Bob, from your e-mail am I to assume that your group will a draft a letter for signature by the Chair of the Board of Selectmen making the official request to Mass Electric to use their land as a right of way.  If that is
the case, you can just e-mail me your proposed text of the letter and I can put it on Selectmen's letterhead and secure the necessary signature(s).

Also, as part of your discussion with the Police and DPW on implementing the signage for the road ways, (which by direction from the Board of  Selectmen will be limited to signs W11-1 and W16-1p as shown on the documents provided to the Selectmen)you will also discuss some type of cost sharing/fund raising to assist the Town in defraying the cost of these signs?

Please let me know if any of these assumptions are incorrect.  I am glad that things are progressing on these two projects and that we can continue
to be a partner with you on them.

Thanks for your hard work.

-----Original Message-----
From: Naftal, Robert A (Bob) [mailto:naftal@lucent.com]
Sent: Tuesday, January 08, 2002 10:52 AM
Subject: Thank you!

Greetings,

I am happy to report that the North Andover Board of Selectmen approved the two Bicycle and Trail related proposals presented to them on Jan 7.  I would like to thank all members of the North Andover Bicycle Advocacy Committee and North Andover Trails Committee for their constant support on these issues.

A special thanks to Sgt. Fred Soucy, North Andover Police Department Safety Officer, for all of his work in drafting, supporting and presenting the
North Andover Bicycle Route Plan.

We also thank Mark Rees, North Andover Town Manager, NAPD Chief Richard Stanley, Bob Murray, Weir Hill Property Manager for The Trustees of Reservations and Betsy Goodrich of the Rails-to-Trails Conservancy.

And most importantly, we thank the North Andover Board of Selectmen for making choices that will insure recreational opportunities and safe roads
for all in North Andover.

We will discuss our plans moving forward at the North Andover Bicycle Advocacy Committee and North Andover Trails Committee Meeting on Wed, Jan 9, 7-9pm in the Stevens Memorial Library Meeting Room.  We will address the following issues:

Working with Town Manager Mark Rees on the request to Mass Electric for use of the Trail between Weir Hill and Stevens Pond.

Working with Sgt. Soucy and Bill Hmurciak, Director of Public Works, to define the placement of "Share the Road" signage along the roads Sgt. Soucy proposed in his Bicycle Plan approved by the Selectmen.

Working with Fire Chief Bill Dolan and other members of the Festival Committee to set up Bicycle and Trails Events at the upcoming North Andover
Events such as the Sheep Shearing Festival, July 4th Celebration, etc.

I look forward to seeing you there!

Thank you,

Bob Naftal



The issues we have before the meeting:

Bike Routes and "Share the Road Signs"

I spoke with Police Safety Officer Sgt. Fred Soucy on 10/30, and discussed defining bicycle routes through the town.  We discussed using Salem  Street from the Old Town Commons to Sharpners Pond Road as the "hub" of two bicycle routes.  I will update the map on our website to show these routes.  One loops leaves Salem Street going Northeast on Dale Street to Winter Street to Foster Street and back to Salem at the intersection with Boxford Street.  The other leaves Salem Street going West on Abbott Street to Rea Street to Chestnut Street to Milk Street, connecting back with Salem Street by Drummond Playground.  In addition to this, with the increased use of the Sharpners Pond Soccer Fields, and players and families bicycling to the fields, we discussed marking bike lanes and placing signs on Sharpners Pond Road.

The first step is to define these routes and place Bicycle "Share the Road" signs in both directions along Salem Street, Sharpners Pond Road and the two loops identified above.   Sgt. Soucy drafted a proposal which was approved by Chief Stanley and this has been submitted to Mark Rees for presentation to the Selectmen.

North Andover Recreation Trail

There is a 1/2 mile section of recreation trail that has been in use for at least 40 years that runs between the town land surrounding Stevens Pond and
the Trustees of the Reservations property at Weir Hill.  This land is owned by Mass Electric (now owned by Parent Company National Grid) and has been in use informally for all of these years as a trail.  Mass 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.  We would like the Town of North Andover to formally request permission from Mass Electric to use this trail as a Town Recreation Trail.  The reason for asking for official  permission is to allow placing signs on the trail, 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 Trails Committee on maintaining the trail.

This path has two abutters, the Trustees of the Reservations Weir Hill property and the Town owned land surrounding Stevens Pond (As well as an
adjacent Electric Substation also owned by Mass Electric).  I spoke to Bob Murray, the Trustees of the Reservations Property Manager for Weir Hill, on October 19, and got his approval for this plan.  He has issued a letter to Mark Rees, Town Manager, stating their support.  Steve Manning and I sent the letter attached below from the Trails Committee to Town Manager to request that the town formally request permission to use this trail from Mass Electric.  There is state legislation which limits the liability of landowners for land that is allowed for public recreation use without charge.  This would address many of the liability concerns of Mass Electric.

------Copy of The Trustees of Reservations Letter to Town Manager------

December 27, 2001

Mark Rees
North Andover Town Manager
120 Main Street
North Andover, MA 01845

Dear Mark,

The Trustees of Reservations would like to express its support for the proposal of the North Andover Trails Committee and the North Andover Bicycle Advocacy Committee seeking to create a Town Recreation Trail along the old Essex Railroad right-of-way, running from Stevens Street to Pleasant Street.

This Recreation Trail would run between, and provide access to, two existing recreational resources in town, The Trustees’ Weir Hill Reservation and the Town owned land at Stevens Pond.  It would provide an additional trail link in the town-wide trail system that enhances existing resources through connections.

Although the public has informally been using a trail along the right-of -way for many years, with no formal arrangement in place with the property owners there is no certainty of public access in the future. Should the Town receive official permission from Massachusetts Electric to use this land for a public trail, it would allow for improvements to be made to make the trail more accessible.  It would also provide a means, through the Trails Committee, to maintain the trail in the future.

The Trustees of Reservations feel there is significant public benefit in creating this Town Recreation Trail and would encourage the Town of North Andover to pursue an arrangement with Massachusetts Electric that would enable its creation.

Sincerely,

Robert Murray,

Superintendent, Andover/North Andover Management Unit
The Trustees of Reservations

------Copy of NA Trails / NABAC Letter to Town Manager------

North Andover Trails Committee
Conservation Department
c/o Community Development and Services
27 Charles Street
North Andover, MA 01845
North Andover Bicycle Advocacy Committee
Phone/Fax 978 960 3066
http://natrails.org
http://www.amateur-sports.com/nabac

November 14, 2001

Mark Rees
North Andover Town Manager
120 Main Street
North Andover, MA 01845
(978) 688-9510

Dear Mark,

As per our telephone discussion on October 23, 2001 this letter is serving as a formal request from the North Andover Trails Committee and the North Andover Bicycle Advocacy Committee to ask the Town of North Andover to request permission from Massachusetts Electric to use the land they own between Weir Hill and Stevens Pond as a Town Recreation Trail.

There is a half-mile section of recreation trail that has been in use for at least 40 years that runs between the town land surrounding Stevens Pond and the Trustees of the Reservations property at Weir Hill.  This land is owned by Mass Electric (now owned by Parent Company National Grid) and has been in use informally for all of these years as a trail.  Mass 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.  We would like the Town of North Andover to formally request permission from Mass Electric to use this trail as a Town Recreation Trail.  The reason for asking for official permission is to allow placing signs on the trail, 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 Trails Committee on maintaining the trail.

This path has two abutters, the Trustees of the Reservations Weir Hill property and the Town owned land surrounding Stevens Pond (As well as an adjacent Electric Substation also owned by Mass Electric).  I spoke to Bob Murray, the Trustees of the Reservations Property Manager for Weir Hill, on October 19, 2001 and got his approval for this plan.  He checked with his management and said the Trustees have supported this effort in the past, and would issue a letter stating their support.

 
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 National Grid,
would not be held liable for any incident occurring on this section of trail owned by the company.
 
We would appreciate the town pursuing this through its official contacts with Mass Electric.  It is our understanding that Mass Electric has
Community Relations Representatives for each of the towns it serves.  With respect to Mass Electric Real Estate issues, we are aware of the following
person who was contacted by members of the Trails Committee in February 2000.
 
Mr. Michael Rook
National Grid
55 Bearfoot Rd.
Northborough, MA 01532-1555
508 421 7969
 
Thank you very much for your attention to this matter.
Sincerely,
<signed>
Steve Manning
Chairperson, North Andover Trails Committee
 
<signed>
Robert A. Naftal
Chairperson, North Andover Bicycle Advocacy Committee
 
Attachments:
Map of North Andover showing proposed North Andover Recreation Trail
Photographs of Proposed Trail
Massachusetts General Law Chapter 21: Section 17C. Public use of land for recreational, conservation, scientific educational and other purposes; landowner's liability limited; exception.