13 – What agreements with the Executive Office of Transportation EOT would be required to convert the state-owned section to a rail trail?

Answer

EOTPW will lease the rail bed to the Town at no cost for transportation purposes. A rail trail is considered a transportation use of the rail bed. Rail trail design must be well underway before EOTPW would consider a lease. Currently, EOTPW has indicated to Acton that the 75% or 100% design must have been completed by the Town to demonstrate local commitment before a lease could be negotiated. The lease would likely require that EOTPW be relieved of any liability for environmental contamination. A mechanism has been set up by which the Town can insure itself against environmental liability. The lease could allow the Town to remove the rails and sell them; however, EOTPW retains the rights to remove or use the rails itself until a lease is formalized.