HomeMy WebLinkAbout2004-02-05 Environmental Impact Report 10/31/2003 October 31, 2003
CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS
ON THE
SINGLE ENVIRONMENTAL IMPACT REPORT
PROJECT NAME Eaglewood Shops Retail Development
PROJECT MUNICIPALITY North Andover
PROJECT WATERSHED Shawsheen
EOEA NUMBER 13041
PROJECT PROPONENT : Eaglewood Properties, Inc .
DATE NOTICED IN MONITOR : September 24, 2003
As Secretary of Environmental Affairs, I hereby determine
that the Single Environmental Impact Report (Single EIR)
submitted on this project adequately and properly complies with
the Massachusetts Environmental Policy Act (G. L. c . 30, ss . 61-
62H) and with its implementing regulations (301 CMR 11 . 00) .
Project Description.
As described in the Expanded Environmental Notification
Form (ENF) and revised in the Single EIR, the project consisted
of construction of an approximately 77, 700 square foot retail
center in North Andover. The 13 . 3 acre site is located adjacent
to Route 114 (Salem Turnpike) opposite the Eagle Tribune
facility. The project includes a freestanding 23 , 600 square
foot (sf) retail building at the northern end of the site and
54, 100 sf of additional retail , including 5, 000 to 7, 000 square
feet of restaurant space, located in two buildings on the
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20EA# 13041 Single EIR Certificate 10/31/03
easterly end of the site . The project includes construction of
access drives and associated infrastructure such as a stormwater
drainage system. Access to the site will be provided via three
intersections on Route 114 (including one fully signalized
intersection) . The project is consistent with the North Andover
Master Plan that directs development to the Route 114 corridor.
Zoning changes necessary to convert the parcel use from
residential to retail have been supported by the Town.
Project impacts include creation of 6 . 2 acres of impervious
surfaces, work within approximately one acre of buffer zone of
Bordering Vegetated Wetlands (BVW) , generation of 5, 900 vehicle
trips per day, and creation of 479 new parking spaces .
Approximately 3 . 6 acres of woodlands will be left undisturbed
and approximately 3 . 5 acres of the site will be landscaped.
Jurisdiction
The project is subject to review and mandatory preparation
of an EIR pursuant to Section 11 , 03 (6) (a) (6) of the MEPA
regulations because it requires a state permit and will generate
3 , 000 or more new average daily trips (adt) providing access to
a single location and it will create 5 or more acres of
impervious surfaces . The project requires an Order of
Conditions from the North Andover Conservation Commission (and a
Superseding Order of Conditions from the Department of
Environmental Protection (DEP) if the .local order is appealed)
and it may require an Order of Conditions from the Andover
Conservation Commission, an Access Permit from the Massachusetts
Highway Department (MHD) and a National Pollutant Discharge
Elimination System (NPDES) construction permit from the
Environmental Protection Agency (EPA) .
Because the proponent is not seeking financial assistance
from the Commonwealth for the project, MEPA jurisdiction extends
to those aspects of the project that may cause significant
Damage to the Environment and that are within the subject matter
of required or potentially required state permits , These
include traffic, air quality, wetlands, and drainage .
Traffic
The transportation analysis indicates that the proposed
project will generate an additional by 5, 900 vehicle: trips per
day (tpd) . The transportation analysis included in the Expanded
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20EA# 13041 Single EIR Certificate 10/31/03
ENS' and the Single EIR demonstrates that the traffic increase
will degrade the Level of Service (LOS) of several intersections
in the study area and has proposed mitigation to address these
impacts . Proposed mitigation includes widening of Route 114 to
support an exclusive left-turn lane into the site, construction
of a 4-way traffic signal at the intersection of Route 114 and
the project site, a commitment to interconnect and coordinate
the proposed signal with the intersections of Route 114 with
Waverly Road/Cotuit Street, Peters Street, and Andover
Street/Route 125, and a Transportation Demand Management Program
to reduce single occupancy vehicle trips to the site. Primary
access to the site has been re-designed since the filing of the
Expanded ENF based on consultations between the proponent, MHD
and Northmark Bank. MHD has indicated that the Single EIR has
addressed most of the state highway issues related to this
project .
During the review of the Expanded ENF, Northmark Bank
raised significant concerns with the proposed shared access plan
and the location of the signalized intersection. Previously,
the proposed intersection was across from the Eagle Tribune
driveway, 150 feet south of the Bank' s entrance drive and 15
feet south of the Bank' s exit drive . The Single EIR indicates
that the proponent has consulted with MHD and Northmark Bank, as
required, and redesigned the access plan to address concerns
raised during the review of the Expanded ENF. The signalized
intersection will be located 250 feet farther south from the
Bank' s exit drive . The proponent also considered an alternative
that would shift the intersection 450 feet farther south from
the previous proposal but determined it was infeasible due to
physical constraints and the need to acquire additional
developed property.
As required, the traffic analysis was revised to reflect
changes to the access plan, to demonstrate impacts on Northmark
Bank' s access, and to incorporate the Bank' s driveways into the
LOS analysis . The analysis demonstrates that during the peak
period, vehicle queues will not extend to the Bank' s driveways .
The Bank has continued to express concerns about the project
proposal and its consultants have indicated that use of a
different modeling, program and adjustments to the analysis would
show queues extending to the Bank' s driveways . The
transportation analysis generally conforms to the Guidelines for
EIR/EIS Traffic .Impact Assessment as required. Revisions to
this analysis could produce a more conservative projection of
potential traffic but the analysis is sufficient to demonstrate
the degree of potential impacts and demonstrate that the changes
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EOEA# 13041 Single EIR Certificate 10/31/03
to the access plan minimize impacts to Northmark Bank. I
understand the proponent is committed to continue working with
MHD and Northmark Bank to refine the design. Additional design
refinements anal/or timing changes can be addressed during the
permitting process .
Air Quality
As required, the proponent completed a mesoscale air
quality analysis to evaluate the regional air quality impacts of
this project . The analysis shows that the hydrocarbon emissions
are greater than the No Build scenario by 8 . 1 kilograms per day.
The proponent has indicated that the geometric and signal timing
improvements will mitigate approximately 4, 0 kg/day and that the
remainder will be mitigated through the implementation of TDM
measures . These include provision of an on-site transportation
coordinator, a guaranteed ride home program for carpool
participants, and bicycle racks .
Parking
The Single EIR indicates that the amount of parking has
been increased consistent with local requirements to 470 surface
parking spaces . Consistent with previous plans, the proponent
will only construct 432 spaces at this time and bank the
remainder (subject to approval by the Town) as undeveloped open
space . If demand warrants it, the spaces will be constructed in
the future.
Pedestrian/Bicycle/Transit
The proponent should continue its efforts to improve
connections between the proposed development and existing or
planned developments . The site plan provided in the Single EIR
shows improvements to pedestrian and bicycle access, including
an exclusive pedestrian phase for the traffic signal; however,
the plan does not include sidewalks on the southern side of the
project' s primary access drive. The proponent should add a
sidewalk here to further improve the pedestrian environment and
provide better access to existing shopping areas to the south.
The design will support the re--alignment of the Eagle Tribune
driveway with the signalized intersection. This realignment
would provide much more direct and safer access between the two
facilities and further reduce traffic impacts to Route 114 . I
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EOEA# 13041 Single EIR Certificate 10/31/03
understand that the proponent is consulting with the owner of
Coachman' s Ridge, an adjacent residential project, to explore
the creation of pedestrian access between the properties . I
strongly encourage the proponent to support this access as an
effective way to minimize additional vehicle trips to the
development .
in addition, the proponent has consulted with the Merrimack
Valley Regional Transit Authority (MVRTA) about providing
transit access to the site . It was determined that that
providing service directly to the site was not practical but the
proponent has indicated that incorporation of good pedestrian
access to Route 114 will allow employees and patrons to safely
access the existing transit service .
Wetlands/Drainage
The project, as currently designed, will create over 6
acres of new impervious surface area and includes almost an acre
of work within the buffer zone of BVW consisting of excavation,
filling and grading related to construction of a stormwater
detention basin and sediment forebay.
The proponent has indicated that the project will be
developed consistent with DEP Stormwater Management guidelines
and that stormwater discharge will not be increased as a result
of the project . The Single EIR includes a drainage plan and a
discussion of its consistency with the stormwater guidelines .
The proponent has responded to comments on the stormwater design
in the Expanded ENF by adding catch basins in some locations,
proposing use of pervious turf pavers, and contour landscaped
islands to retain runoff and allow infiltration. In addition,
the proponent has worked with Northmark Bank to develop a
landscaped buffer area between the two properties . I applaud
the proponent' s willingness to incorporate low impact design
improvements into the project to further reduce stormwater and I
strongly encourage the North Andover Conservation Commission to
support these design changes . DEP and Northmark Bank have
provided comments on the revised design. I am confident these
issues can be addressed by the North Andover Conservation
Commission during its review of the project and expect the
proponent will continue to refine its plan to address concerns .
The proponent has indicated that it will install erosion
control barriers using a staked silt fence and hay bales at the
limit of work and will employ other measures such as erosion
WEA# 13041 Single EIR Certificate 10/31/03
control matting to control runoff, protect slopes from eroding
and prevent siltation. Areas of temporary disturbance will be
planted with loam and seed.
Mitigation
As required, the Single EIR includes a separate chapter
identifying the proponent' s commitment to specific mitigation
measures . It also includes a Draft Section 61 Finding (in the
form of an updated letter of commitment for the MHD access
permit) for all state permits . Since the filing of the Single
EIR, a revised letter was submitted to MHD further refining
project mitigation. When complete, a copy of the final Section
61 Findings should be provided to MEPA to complete the project
file .
Based on the review of the Single EIR and the comments
received, I am satisfied that the Single EIR meets the standard
for adequacy contained in Section 11 . 06 of the MEPA regulations .
Remaining issues can be addressed through the state and local
permitting process . Additional MEPA review is not required.
October 31, 2003
Date Ellen Roy Herzfelder
Comments received:
10/22/03 Department of Environmental Protection NERO
10/24/03 Massachusetts Highway Department
10/23/03 Katherine Bachmann, Hale & Dorr, for Northmark Bank
ERH/CDB/cdb
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