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Somerville committee recommends easement for Eversource (NSTAR) substation at 51 Prospect Street

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Summary

The finance committee recommended approval of a permanent easement allowing NSTAR Electric Company (doing business as Eversource) to install and maintain underground conduit and a manhole across a small city-owned private way adjacent to Union Square.

The Somerville City Finance Committee on June 9 recommended approval of a permanent easement granting NSTAR Electric Company (doing business as Eversource) the right to install, operate, maintain and remove underground electric equipment across a small city-owned private way near 51 Prospect Street in the Union Square area.

City engineering staff said the parcel is an islanded remnant of an old private way near the Union Square MBTA station that Eversource needs to cross to connect new transformers and conduit installations for an expanded substation. "This easement is primarily and exclusively to give Eversource the right to install underground utilities crossing this portion of private property owned by the city," said Brian Postalway, Director of Engineering.

Attorney Kathy Salkert of the Law Department explained legal protections in the draft easement: Eversource must carry specified insurance (general liability, automobile, umbrella, workers'comp and construction coverage), provide at least 30 days'written notice for nonemergency excavation, restore the area to pre-excavation condition at its cost (including paving), provide updated as-built plans after work, and comply with environmental laws for any hazardous-materials release. The easement is nonexclusive; the city may allow other uses so long as they do not unreasonably interfere with Eversource's rights.

Councilors asked about aesthetic screening, community notification, liability and flood risk. Postalway said the larger substation project underwent Planning Board review and includes exterior screening and cladding; construction communication has occurred through the planning process. On liability, city attorneys and staff said the city requires Eversource and its contractors to maintain insurance and indemnify the city for construction-related risks; utilities'own insurance would typically respond for incidents arising from their work. On flood risk, Postalway said the site falls within the projected 10-year flood zone for 2030 with an estimated two-foot depth in that projection, but that underground conduit and manhole systems are designed to be occasionally submerged and include waterproof couplings and pumping or recovery procedures.

The committee voted to recommend approval of the easement; Councilor Scott was recused from the final vote. Chair Jake Wilson moved the recommendation and asked the clerk to take a roll call. The committee recommended approval by members present.