A kayaker issued a Notice of Trespass for crossing the railroad tracks behind Merchants Way has caused concern among fishermen and Main Street merchants about the railway's plans for Wareham.

The citation was issued by Chris Podgurski of the Cape Rail, Inc. to Dennis Adams after he and his girlfriend crossed the tracks to launch their kayaks and go fishing on Wednesday, April 21. Adams complained to the owner of M&D Bait and Tackle, Michael Thomas, who immediately contacted town officials with concerns that fishermen would be unable to access the water.

"I don't want to cause any trouble for the town, the railroad company or anybody," Adams said. "It just seemed weird to me. Maybe the guy was having a bad day, I don't know. But he sure made my day bad."

"We never had issues with [access to the water and the railroad]," said Thomas. "It's sort of a freaky situation when they control 100 percent of the waterfront down to Tremont Nail."

Thomas was unsatisfied with an initial response from Cape Rail General Manager John Pearson, who said they were going to enforce "100 percent," according to Thomas. A further conversation with Cape Rail representative Ryan Cohlan explained that the railroad was concerned with insurance issues and cited an ongoing problem of people walking along the tracks.

"I can see their point to a bit," said Thomas. "But walking down the tracks is different than crossing the tracks."

Cape Rail Inc. of Hyannis currently operates the Mass Coastal Railroad and Cape Cod Central Railroad, freight and excursion/dinner services, respectively, on the tracks. The company is hoping to develop passenger-rail service between Sandwich and the Middleboro commuter rail station with station stops in Buzzards Bay and Wareham.
Contacted separately, Pearson said that Cape Rail wanted to be a good neighbor, which included considering public-safety issues.

"We don't want trespassers on the track because it will lead to injury or death," Pearson said. "The more people around the tracks, the higher probability that somebody is going to be killed. You just don't want it to [impact] Wareham or Mass Coastal Railroad.
Pearson added that they are leasing the track from, and operating under a license given by, the state which requires that they enforce trespassing laws. However, they depend on the local police for enforcement. In fact, Pearson said that the citations were developed as a courtesy.

"The State Law in regard to railroad trespassing is that [a trespasser] can be arrested the first time," said Pearson. "We developed the written warning as a courtesy to persons who may not know that it is against the law. If they do it again, they would be subject to whatever enforcement the local law enforcement can provide, but we can only notify the police."

Pearson said that they would not hesitate to do this all along their route, particularly because they are anticipating adding faster trains for passenger service.
"What is dangerous now will become potentially more dangerous," said Pearson.
Wareham Police Public Information Officer Bill Fihlman said the department would respond to any trespassing complaints in one of three ways: arresting a trespasser for a misdemeanor, issuing a warning, or issuing a no-trespass order. Any fine would be set by a judge if a person is arrested.

The railway is amenable to collaborating with the town and the state on providing access to the water, however. In fact, the railway and state are currently working with the Town of Bourne to install a pedestrian crossing in the Monument Beach area.
Town Administrator Mark Andrews said that he would try and balance the needs of the fishermen with the needs of the railway. He suggested that fishermen use Besse Park, which has just had a new bulkhead installed using money from a State grant, and the new piers at the Narrows.

"I understand that you go where the fish are biting," Andrews said. "But we have great public space on the waterfront at Besse Park, and we're trying to encourage more people to use that area," he said.
As for Adams, he said he's not going near the tracks again.

"According to this [citation], I can't be within 10 feet of railroad tracks in Massachusetts," he said. "I ain't going to court over that!"