1999-08-04Tina Cassidy
Director
Debra Hurlbutt
Asst. Planning Director
City of Beverly
Planning and Development
Department
Dawn Goodwin
Community Development Mgr.
August 4, 1999
Beverly Public Library
32 Essex Street
Beverly, MA 01915
Dear Sir/Madam:
Per requirement of the Massachusetts Community Development Block Program you will find enclosed
a copy of the combined notice for a FINDING OF NO SIGNIFICANT IMPACT (FONSI) and the
NOTICE OF INTENT TO REQUEST THE RELEASE OF FUNDS (NOIRROF) for the City of
Beverly. Please post this document in a public location in your building.
Sincerely,
Community Development Manager
City Hall · 191 Cabot Street · Beverly, Massachusetts 01915 · (978) 921-6000 · Fax (978) 922-0285
Planning: ext. 173 Community Development: (978) 921-8396
Notice of Finding of No Significant Impact (FONSI) and
Notice of Intent to Request the Release of Funds (NOIRROF)
City of Beverly, 191 Cabot Street, Beverly, MA 01915, (978) 921-6000
TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:
On or about August 23, 1999, the City of Beverly will request the Commonwealth of
Massachusetts to release CDBG funds under Title I of the Housing and Community
Development Act of 1974 (PL 93-383) as amended for the following project: Chase Street
Drainage Improvement Project, located in the City of Beverly, Essex County, MA. It has been
determined that such a request for release of funds will not constitute an action significantly
affecting the quality of the human environment and, accordingly, the City of Beverly has decided
not to prepare an Environmental Impact Statement under the National Environmental Policy Act
of 1969 (PL 91-190). The reasons for such decision not to prepare such a Statement are as
follows: the replacement/laying of a new storm water drain line will occur under paved roadways
were pipes and utilities already exist; and there will be no increase in the amount of storm water
entering the Bass River, only the ability to get it to the River before flooding occurs.
An Environmental Review Record with respect to this project has been made by the City of
Beverly' s Community Development Office that documents the review of the project and sets
forth the reasons why such a Statement is not required. The file is available for public
examination or copying at the Community Development Officer during City Hall business hours.
All interested agencies, groups and persons disagreeing with the decision are invited to submit
written comments for consideration by the City of Beverly to the Community Development
Office. Such written comments should be received at the CD. Office, 191 Cabot Street, on or
before August 22, 1999. All such comments so received will be considered and the City will not
request the release of CDBG funds or take and action on the within project prior to the date
specified within the preceding sentence.
The City of Beverly will undertake the project described above using Block Grant Funds from the
Commonwealth of Massachusetts under Title I of the Housing and Community Development Act of
1974. The City of Beverly is certifying to the State that the City of Beverly and Mayor William F.
Scanlon, Jr., in his official capacity as Mayor, consent to accept the jurisdiction of Federal courts if
an action is brought to enforce responsibilities in relation to eavironmental reviews, decision
making and action; and the responsibilities have been satisfied. The legal effect of the certification
is that upon its approval, the City of Beverly may use the Block Grant funds, and the State will have
satisfied its responsibilities under the National Environmental Policy Act of 1969 and other
provisions of law.
The State will consider objections claiming a recipient's noncompliance with the Part based on any
of the grounds listed below:
a. The certification was not in fact executed by the reeipient's Certifying Officer.
b. The recipient has failed to make one of the two findings pursuant to section 58.41 (finding or no
finding of significant effect) or to make the written determination decision required by subsection
58.47 (re-evaluation of finding of no significant effect), 58.53 (re-use of prior Environmental Impact
Statement), or 58.64 (supplement to Dra!~ Environmental Impact Statement or Environmental
Impact Statement) for the project, as applicable.
c. The recipient has omitted one or more of the steps set forth at Subparts F and G for the
preparation and completion of an Environmental Assessment.
d. The recipient has omitted one or more of the steps set forth at Subparts H and I for the conduct,
preparation and completion of an EIS.
e. No opportunity was given to the Advisory Council on Historic Preservation or its Executive
Director to review the effect of the project on a property listed in the National Register of Historic
Places, or found to be eligible for soeh listings by the Secretroy of the Interior, in accordance with
36 Code of Federal Regulations Part 800.
f With respect to a project for which a recipient has decided that subsection 58.47, 58.53, or 58.64
apply, the recipient has failed to include in the EER the written decision required, or its decision is
not supported by facts specified by the objecting party.
g Mother Federal agency acting pursuant to 40 Code of Federal Regulations Part 1504 has
submitted a written finding that the project is unsatisfactory from the standpoint of environmental
quality.
The only basis upon which the State will disapprove the RROF and certification are those set forth
above ~t - g.
Objections must be prepared and submitted in accordance with the required procedure (24 CFR
Pan 58), and may be addressed to the Mass CDBG, Department of Homing and Community
Devdopment, 1 Congress Street, 10tu ft., Boston, MA 02114. No objection received after fifteen
days from receipt of the community's Request for Release of Funds and Certification will be
considered by the State.
Mayor William F. Seatalon, Jr.
191 Cabot Street, Beverly, MA 01915
***END OF AD***
Please publish this as a legal ad in the Salem Evening News on Friday, August 6, 1999. Send the
bill and tear sheet to the Nancy Ormiston, City of Beverly Community Development Office, 191
Cabot Street, Beverly, MA 01915