Opinion: Make Whiting Avenue Safer For Bikes And Pedestrians

DEDHAM, MA — The following letter to the editor about the proposed Dedham Rail Trail was written by resident Georganna Woods:

In 2010 when the Town of Dedham/School Department wanted to construct the Avery School on the abandoned rail corridor, they had to comply with Massachusetts General Laws, chapter 40, section 54A. That law mandates that the Secretary of Transportation for the Commonwealth must consent in writing, after public hearing, to the issuance of a building permit for construction on any land formerly used as a railroad right-of-way or any appurtenant property. Permission can be approved or denied.

This law (40/54A) was specifically developed decades ago to help preserve abandoned rail corridors for future use as transportation corridors - as they were originally intended. Multi-purpose paths such as the proposed Dedham Rail Trail are considered transportation infrastructure.

The Town/Schools complied with the law and had a hearing with MassDOT Secretary and Chief Executive Officer Jeffrey B.Mullan. Permission (which was also needed in order for the town to receive millions of dollars of State funds to build the school) was granted. That permission was, however, conditional on three requirements worded as follows:

1. The proposed building should be sited and constructed to allow the future construction of the Dedham Rail Trail.
2. The school is sited and constructed to optimize bicycling and walking access in keeping with MassDOT’s Safe Routes to School Program.
3. The building is sited and constructed in accordance with MassDOT’s GreenDOT Policy, promoting bicycle, pedestrian, and transit use.

Additionally, the Town/Schools committed to: (1) A minimum of 50 feet of clearance (no structures) through the existing rail right-of-way for a future shared use path; and (2) Access through the existing right-of-way, and future driveway, shall be allowed for future users of a future shared path.

In 2010, the Town/Schools accepted and committed to these conditions. The funding faucet opened, and the school was built.

Yet despite the clear directives from the State and the assurances made by the Town/Schools, the mandates have not been honored thus far. The Avery School was built on top of the rail corridor right-of-way, and part of the rail right-of-way was taken for the current Avery School driveway, designated “Recreation Road,” without incorporating any design features such as a protected bike/pedestrian walkway or any elements that would be compliant with a possible future shared use path.

Given the current state of traffic congestion and existing real safety risk (two students and one cyclist have been struck by cars in this area), the Town and Schools are now conducting a circulation study around the schools. This study offers a tremendous opportunity to get professional recommendations on how to design, prioritize, and modify the rail right-of-way/Recreation Road for bicycle and pedestrian use and get the Town in compliance with these commitments.

It is completely understood that there is not yet a clear mandate to finish the Rail Trail project (that was started in 2002) and there is no expectation that the school be moved or "torn down" as some have falsely tried to imply. However, the common sense safety measures that the State purposely wanted the Town of Dedham to respect and honor should be recognized, and the time to do that is now, in the context of a comprehensive circulation study around the school campus.

The 50-foot right-of-way – where Recreation Road traverses – was indeed maintained intact by the designers of the Avery School; that is why there are fewer lanes on the school side of the track than on the Whiting Ave side to comply with that portion of the agreement. Modifications to this thoroughfare are doable and there are funding mechanisms (Safe Routes to Schools and others) that could cover the costs of improvements that would make conditions safer for pedestrians and cyclists — and also maintain the potential for the Dedham Rail Trail project in the event the Town one day wishes to complete the Trail.

Why would anyone not want to encourage more walking and biking by students? Why wouldn't we want to consider all available options to provide a safer route to school? Why wouldn't we want to be seen as an honest partner to the State? Do we take pride in being able to "pull a fast one" and do whatever it takes to seal a deal with no intention of upholding our side of the bargain?

Thus far, the answer given for not factoring the mandates into the current ongoing traffic study is: the original agreement is “not enforceable.” This begs the question: Would possible threat of litigation from the State be the only reason we should honor the commitments and make it safer for pedestrians and cyclists? This is a public safety issue, it should not take a lawsuit for us to live up to our word.

The people who work for MassDOT as well as Governor Baker’s “Trails Team” (he’s a big champion of such efforts) are aware of the situation here in Dedham. A number of the Team’s members are very familiar with the current layout of the school grounds and there is nothing that would negate the validity and feasibility of the commitments.

Many residents have also become aware of this history and the full extent of the commitments outlined in documents that had remained hidden until a public records request brought them to light earlier this year.

I (and others) hope the town/schools will live up to their word, be honorable, and comply with the smart requirements from the State. It’s a matter of health and safety.