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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 i 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 2 i 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 3 1 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 4 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 6