COMMONWEALTH OF MASSACHUSETTS

CITY OF LOWELL

In City Council

VOTE

Authorizing the City Manager to grant and execute Temporary Easements to Massachusetts Department of Transportation – Highway Division (MassDOT), or its Successors, for certain parcels of land identified as (34-TE-3) and (34-TE-4) in the City of Lowell. Parcel (34-TE-3) contains approximately 253 square feet from the Merrimack River Greenway and is recorded in Book 635, Page 331; and Book 691, Page 167. Parcel (34-TE-4) containing approximately 390 square feet from the Vandeburg Esplanade and is recorded in Book 1121, Page 151. Both parcels are identified on the attached project schematics. Pursuant to these easements MassDOT will be installing traffic signals and intersection upgrades to improve traffic safety and operations with two high crash locations: Route 113 (Varnum Avenue/Riverside Street) at Mammoth Road; and VFW Highway at Aiken Street. The City Engineer has reviewed the temporary easements and support this project and associated easements. BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF LOWELL as follows: That the City Manager be and he is hereby authorized to grant and execute Temporary Easements between the City of Lowell and Massachusetts Department of Transportation – Highway Division (MassDOT) , or its Successors, for certain parcels of land identified as (34-TE-3) and (34-TE-4) in the City of Lowell. BE IT FURTHER VOTED: That any cost of recording the Easement and related Plans shall be at the Grantee’s expense. V:easement/massdot2locations

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April 10,2017

Lisa E. DeMeo, P.E., City EngineerCity of Lowell Engineering Division/DPWCity Hall, 375 Merrimack Street, 3'd FloorLowell, MA 01852

RE: Lowell - Intersection & Signal Improvements at 2 Locations: SR 113 (VamumAvenue & VFW Highway) at Marmoth Road & VFW at Aiken Street

Dear Ms. DeMeo

The Massachusetts Department of Transportation - Highway Division (MassDOT) isproposing traffic signal and intersection upgrades to improve traflic and operations in thearea of two intersections near the Merrimack River in the City of Lowell. As shown inthe attached locus map, the project area includes:

. Route 113 (Vamum Avenue,/Riverside Street) at Mammoth Roado VFW Highway at Aiken Street

Both intersections in the project area are characterized as MassDOT high crash locations.Based on 2011-2013 crash data, MassDOT has identified the intersections as HighwaySafety Improvement Program crash locations. The purpose of this project is to implementsafety improvements with minimal work on approach roadways and minor geometricimprovements, such that the improvements can be implemented within the near term.

To meet the project pqpose, the intersections will be improved within the existing curblines. The project will include full reconstruction of the traffic signal equipment,sidewalks and wheelchair ramps at each of the two intersections. This will incorporateany necessary changes to the traffic signal layout related to expected improvements inoperations and related to the reconfiguration of the wheelchair ramp layout at eachintersection. Imprcvements to traffic sign and pavement markings are also proposed.

MassDOT Environmental Services has reviewed the project for potential impacts to thesignificant recreational resources within the project area subject to protection underSection 4(f) of the DOT Act of 1966, as amended. As depicted on the PreliminaryRight-of-Way Plans (attached), the project proposes temporary easements on three (3)parcels, two of which are owned and operated by the City of Lowell and one of which isowned and operated by the Department of Conservation and Recreation (DCR).Temporary Easements 34-TE-3 and 34-TE-4 are on parcels owned by the City of Lowelland serve as significant public recreational sites associated with the VandeburgEsplanade along the Merrimack River Crreenway. Temporary Easement 34-TE-5 isowned by the DCR, and also serves as a significant public recreational site associatedwith the Merrimack River Greenway.

Ten Park Pla2a,Suite 4160,Boston,MA 02116

Tel:857-368-4636,TTY:857-368-0655

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April 10, 2017Page 2

MassDOT has determined that the impacts associated with the temporary easements willconstitute the preparation of Temporary Occupancy forms for each parcel, all of whichneed to be signed and approved by their respective Offrcials with Jurisdiction. TheTemporary Occupancy determination is based on the assessment that the work associatedwith the easements will adhere to the following:

i. Duration (of the temporary easements) will be temporary, i.e., less than the timeneeded for construction of the project, and there will be no change in ownershipof the land;

2. The scope of the work is minor, i.e., both the nature and the magnitude of thechanges to the 4(I) resource are minimal;

3. There is no anticipated permanent adverse physical impacts, nor wiil there beinterference with the activities or purpose of the resource, on either a temporary orpermanent basis;

4. The land being used will be fulIy restored, i.e., the lesource will be retumed to acondition which is at least as good as that which existed prior to the project;

5. The signatory, identified as the "offrcial having jurisdiction" is in agreementregarding the above-mentioned conditions.

As part of the temporary occupancy determination process, a Lowell City official withjurisdiction over tlese properties must concur in writing to MassDOT's finding of noadverse impact and that all measures to minimize harm to the identified parcels have beenimplemented. Please indicate your concurrence with MassDOT's finding of a Section 4(f)Temporar.v Occuoancv determination made to the identified parcels. b)z siening thefollowing attached sheets. Please contact me at (857) 368-8828 or via email at ifyouhave any questions, comments or concems regarding this matter.

Sincerely,

MASSDOT HIGHWAY DIVISION

Michael TrepanierSenior Environmental Planner

Attachments:o Locus Mapo Preliminary ROW Planso Temporary Occupancy Forms

INTERSECTION & SIGNAL IMPROVEMENTS AT MAMMOTH ROAD ANDVARNUM AVENUE (STATE ROUTE 113)

LOWELL, MASSACHUSETTS

The project, as designed, requires a temporary easement (34-TE-4) of approximately390 square feet from the Vandeburg Esplanade, which is managed by the City of Lowell.As the Vandeburg Esplanade is operated by a public entity and serves significant publicrecreational activity, it is subject to federal jurisdiction under Section 4(f1 of the DOT Actof 1966, as amended. The identified TE on the city esplanade parcel will be required forthe purposes of sidewalk reconstruction, loam and seeding.

As the official with jurisdiction over the Vandeburg Esplanade the City of Lowell herebycertifies that the following conditions will be met for the referenced project in regards tothe temporary construction impacts proposed within the area oftemporary easement(34-TE-4):

5.

J.

1. Duration (of the occupancy of the Vandeburg Esplanade) will be temporary, i.e.,less than the time needed for construction ofthe project, and there will be nochange in ownership ofthe land;The scope of the work is minor, i.e., both the nature and the magnitude of thechanges to the 4(f) resource are minimal;There is no anticipated permanent adverse physical impacts, nor will there beinterference with the activities or purpose ofthe resource, on either a temporary orpermanent basis;The land being used will be fully restored, i.e., the resource will be retumed to acondition which is at least as good as that which existed prior to the project;The signatory below, identified as the "official having jurisdiction" is inagreement regarding the above-mentioned conditions.

Signature Date

Print Name

4

INTERSECTION & SIGNAL IMPROVEMENTS AT MAMMOTH ROAD ANDRTVERSTDE STREET (STATE ROUTE r13)

LOWELL, MASSACHUSETTS

The project, as designed, requires a temporary easement (34-TE-3) of approximately253 square feet from the Merrimack River Greenway, which is managed by the City ofLowell. As the Merrimack River Greenway is operated by a public entity and servessignificant public recreational activity, it is subject to federal jurisdiction under Section4(f; of the DOT Act of 1966, as amended. The identified TE on the city greenway parcelwill be required for the purposes of sidewalk reconstruction, loam and seeding.

As the official with jurisdiction over the Merrimack River Greenway, the City of Lowellhereby certifies that the following conditions will be met for the referenced project inregards to the temporary construction impacts proposed within the area of temporaryeasement (34-TE-3):

l. Duration (of the occupancy of the Merrimack River Greenway) will be temporary,i.e., less than the time needed for construction of the project, and there will be nochange in ownership of the land;

2. The scope of the work is minor, i.e., both the nature and the magnitude of thechanges to the 4(f) resource are minimal;

3. There is no anticipated permanent adverse physical impacts, nor will there beinterference with the activities or purpose of the resource, on either a temporary orpermanent basis;

4. The land being used will be fully restored, i.e., the resource will be returned to acondition which is at least as good as that which existed prior to the project;

5. The signatory below, identified as the "official having jurisdiction" is inagreement regarding the above-mentioned conditions.

Signature Date

Print Name

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