Notice of filing and request for comments for bridge vertical height requirements exemption

On March 14, 2023, the Department of Public Utilities (“Department”) received a petition from the Massachusetts Department of Transportation (“MassDOT”), pursuant to G.L. c. 160, § 98 (“§ 98”), seeking an exemption from the vertical height requirements for one bridge in connection with the 171 Dartmouth Street Project in downtown Boston (the “Project”). The Department has docketed this petition as D.P.U. 23-31.

In its petition, MassDOT states that the Project will include reconstruction of an existing pedestrian walkway over the rail tracks at the MBTA Back Bay Station. MassDOT states the reconstructed pedestrian bridge will have a minimum vertical clearance of 21 feet 1 inch. The purpose of this pedestrian bridge is to connect the Dartmouth Street Garage with the MBTA Back Bay Station, allowing passengers to access the station from the parking garage.

The reconstruction of this pedestrian bridge is to widen the bridge. The bridge will maintain the same vertical clearance of 21 feet 1 inch. MassDOT states it is technically infeasible to reconstruct the pedestrian bridge with the statutory required clearance of 22 feet 6 inches (“22’, 6”). MassDOT states the first reason the pedestrian bridge cannot be constructed with a vertical clearance of 22 feet 6 inches is due to the bridge’s terminus with the MBTA Back Bay Station. MassDOT states the second reason the pedestrian bridge cannot be constructed with a vertical height of 22 feet 6 inches is that the interior slope would not allow the pedestrian bridge to be in conformance with the Americans with Disabilities Act. MassDOT states that the minimum clearance requested will not interfere with rail operations and will provide sufficient clearance for existing and anticipated passenger and freight rail car traffic MassDOT also states that the minimum clearances will not interfere with any future for electrification of the commuter rail system. The proposed vertical clearance of 21 feet 1 inch will accommodate an Overhead Contact System.

Pursuant to § 98, no bridge shall be constructed over a railroad track at a height of less than 22’, 6” without the Department’s approval. Accordingly, the Department will review and determine the propriety of MassDOT’s petition, including whether an exemption from the vertical height clearance requirement will affect existing and anticipated rail car access and is consistent with public safety.

Any person interested in commenting on MassDOT’s filing may submit written comments to the Department no later than the close of business (5:00 p.m.) on, May 15, 2023. All filings will be submitted only in electronic format in recognition of the difficulty that parties and the Department may have filing and receiving original copies due to the state of emergency and ongoing limitations related to the COVID19 pandemic. Ordinarily, all parties would follow Sections B.1 and B.4 of the Department’s Standard Ground Rules (D.P.U. 15-184-A, App. 1 (March 4, 2020)); however, until further notice, parties must retain the original paper version and the Department will later determine when the paper version must be filed with the Department Secretary.

Any person who desires to participate otherwise in the evidentiary phase of this proceeding shall file a petition for leave to intervene no later than 5:00 p.m. on May 15, 2023. A petition for leave to intervene must satisfy the timing and substantive requirements of 220 CMR 1.03. Receipt by the Department, not mailing, constitutes filing and determines whether a petition has been timely filed. A petition filed late may be disallowed as untimely, unless good cause is shown for waiver under 220 CMR 1.01(4). To be allowed, a petition under 220 CMR 1.03(1) must satisfy the standing requirements of G.L. c. 30A, § 10. All responses to petitions to intervene must be filed by the close of business (5:00 p.m.) on the fifth business day after the petition to intervene is filed.

All documents must be submitted to the Department in .pdf format by e-mail attachment to dpu.efiling@mass.gov and Timothy.LawlorJr@mass.gov. The text of the email must specify: (1) the docket number of the proceeding (D.P.U. 23-31); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. The electronic file name should identify the document but should not exceed 50 characters in length. Importantly, all large files submitted must be broken down into electronic files that do not exceed 20 MB. All documents submitted in electronic format will be posted on the Department’s website through our online File Room as soon as practicable (enter “23-31”) at: https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber. In addition, one copy of all written comments and petitions to intervene should be emailed to MassDOT’s attorney, Mary Elizabeth Boivin., mboivin@mbta.com. To the extent a member of the public is unable to send written comments by email, a paper copy may be sent to Mark D. Marini, Secretary, Department of Public Utilities, One South Station, 5th Floor, Boston, Massachusetts, 02110.

At this time, a paper copy of the filing will not be available for public viewing at MassDOT’s offices or the Department’s office due to the state of emergency and ongoing limitations related to the COVID19 pandemic. The filing and all subsequent related documents, pleadings and/or filings submitted to the Department and/or issued by the Department will be available on the Department’s website as referenced above as soon as is practicable. To the extent a person or entity wishes to submit comments or intervene in accordance with this Notice, electronic submission, as detailed above, is sufficient. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), contact Gabriella Knight at gabriella.knight@mass.gov.

For further information regarding MassDOT’s filing, please contact MassDOT’s counsel, Mary Elizabeth Boivin, at mboivin@mbta.com For further information regarding this notice, please contact Timothy J. Lawlor Jr., Hearing Officer, Department of Public Utilities, at Timothy.LawlorJr@mass.gov.