The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D

The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D. Baker GOVERNOR Tel: (617) 626-1000 Karyn E. Polito Fax: (617) 626-1081 LIEUTENANT GOVERNOR http://www.mass.gov/eea Kathleen A. Theoharides SECRETARY

March 19, 2021

CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE FINAL ENVIRONMENTAL IMPACT REPORT

PROJECT NAME : Northland Newton (Needham Street Redevelopment) PROJECT MUNICIPALITY : Newton PROJECT WATERSHED : Charles River EEA NUMBER : 15757 PROJECT PROPONENT : Northland Development, LLC DATE NOTICED IN MONITOR : February 10, 2021

Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G.L. c. 30, ss. 61- 62I) and Section 11.08 of the MEPA Regulations (301 CMR 11.00), I have reviewed the Final Environmental Impact Report (FEIR) for the project and hereby determine that it adequately and properly complies with MEPA and its implementing regulations. The project may proceed to permitting.

Project Description

As described in the FEIR, the project consists of the redevelopment of a 22.6-acre site that was formerly in commercial and industrial use. The project includes the construction of a 1.4 million-square foot (sf) mixed-use development in 14 buildings with 1,048,770 sf of residential space (800 units, of which 140 will be affordable units), 193,200 sf of office space in a building to be renovated and 115,114 sf of restaurant/retail space. The development program for each building is shown below in Table 1. It includes a total of 1,600 vehicle parking spaces, 1,100 bicycle parking spaces, a stormwater management system, enhanced pedestrian and bicycle connections, open space improvements, and landscaping. Access to the site’s internal street network will be provided from Needham Street and Oak Street. Ten of the 11 existing buildings

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will be demolished; the historic 172,000-sf Saco-Pettee Mill building will be renovated and reused as office space.

Table 1: Development Program by Building (areas in sf)

Building Area Stories Residential Residential Retail/ Office Parking Units Commercial Garage1 1 193,200 4 0 0 0 193,200 0 2 6,740 2 0 0 6,740 0 0 3 154,749 7 118,122 99 20,209 0 16,418 4 167,691 7 144,746 118 20,444 0 2,501 5a-b 232,283 8 209,844 144 16,369 0 6,070 6a 177,013 8 151,774 117 24,986 0 253 6b-c 143,373 8 135,852 120 4,834 0 2,687 7 81,236 5 65,584 55 15,652 0 0 8 152,375 7 131,708 82 5,880 0 14,787 9-11 46,122 3 46,122 36 0 0 0 12 33,558 4 33,558 23 0 0 0 14 13,860 3 11,460 6 0 0 2,400 Total 1,402,200 -- 1,048,770 800 115,114 193,200 45,116

The project will be constructed in two phases. The first phase is expected to be completed by Fall 2023 and includes construction of Buildings 1, 2, 3, 5, 6, 7 and 12. The remaining buildings will be completed by Spring 2025.

Project Site

The 22.6-acre project site is comprised of three parcels primarily located along Needham Street at or near its intersection with Oak Street and Charlemont Street. The site is generally bounded by the Newton Upper Falls Greenway to the west, Tower Road and commercial buildings to the north, Needham Street to the east, and Oak Street to the south. Needham Street is a state roadway under the jurisdiction of the Massachusetts Department of Transportation (MassDOT).

South Meadow Brook is conveyed in a culvert from the north before daylighting at the site’s northern property line. It flows in a well-defined channel with steep banks for a distance of 400 ft across the northern part of the site, enters a culvert and flows in a southerly direction through the rest of the site for a distance of approximately 1,050 ft. The brook remains culverted and discharges into the Charles River approximately 400 ft south of the site. According to the Massachusetts Department of Environmental Protection’s (MassDEP) Year 2016 List of Integrated Waters, impairments affecting the use of the segment of the Charles River near the site include the presence of non-native aquatic plants, algal blooms, fish bioassessments, DDT in fish tissue, PCB in fish tissue, pathogens, nutrients and phosphorous. The U.S. Environmental

1 Includes above-grade garage space only.

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Protection Agency (EPA) and MassDEP have established Total Maximum Daily Loads (TMDL) for nutrients and pathogens in the Charles River.

According to the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) number 25017C0562E (effective June 4, 2010), the exposed portion of South Meadow Brook in the vicinity of the northern property line is designated as a Regulatory Floodway within a Zone AE (100-year floodplain) with a Base Flood Elevation (BFE) of 109 ft NAVD 88. According to the FIRM, flooding associated with South Meadow Brook on the project site has not been studied. The project site contains the Saco-Pettee Machine Shops complex (NWT.X), which is listed in the State and National Register of Historic Places.

Environmental Impacts and Mitigation

Potential environmental impacts associated with the project include 6,737 new unadjusted average daily vehicle trips (adt) (12,984 adt total); 474 net new parking spaces (1,600 total); alteration of 2.1 acres of Riverfront Area; an increase of 85,110 gallons per day (gpd) in wastewater generation (93,425 total gpd); an increase of 93,600 gpd in water demand (102,800 total gpd); and construction of 0.4 miles of sewer main. The project will reduce impervious surface by 0.7 acres. Greenhouse gas (GHG) emissions are associated with the project's energy use and transportation.

Measures to avoid, minimize, and mitigate impacts include reducing on-site impervious area by 0.7 acres; provision of 10.4 acres of publicly accessible open space; removal of invasive plant species and new plantings along South Meadow Brook; implementation of a Transportation Demand Management (TDM) program to support alternative travel modes; construction of a new stormwater management system; and compliance with the City of Newton’s (City) Infiltration/Inflow (I/I) Policy. At least three of the residential buildings will be constructed to meet Passivehouse design standards and the project includes measures to increase the site’s resilience to the effects of climate change.

Jurisdiction and Permitting

The project is undergoing MEPA review and is subject to a Mandatory EIR pursuant to 301 CMR 11.03(6)(a)(6) because it will generate 3,000 or more New adt with access to a single location. The project also exceeds Environmental Notification Form (ENF) thresholds regarding the demolition of historic structures and the number of new vehicle trips and parking spaces pursuant to Sections 11.03(10)(b)(1) and 11.03(6)(b)(13), (14), and (15) (respectively) of the MEPA regulations. The project will require a Vehicular Access Permit from MassDOT. The project is subject to review under the May 2010 MEPA Greenhouse Gas Emissions Policy and Protocol (“the GHG Policy”).

The project requires an Order of Conditions from the Newton Conservation Commission (or in the case of an appeal, a Superseding Order of Conditions from the Massachusetts Department of Environmental Protection (MassDEP)). The Newton City Council issued a Special Permit and Site Plan Approval on December 2, 2019. The project requires a National Pollutant Discharge Elimination System (NPDES) Construction General Permit from the U.S. Environmental Protection Agency (EPA).

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Because the Proponent is not seeking Financial Assistance from the Commonwealth for the project, MEPA jurisdiction extends to those aspects of the project that are within the subject matter of required or potentially required State Agency Actions and that may cause Damage to the Environment as defined in the MEPA regulations.

Review of the FEIR

The FEIR was generally responsive to the Scope included in the DEIR Certificate. It described the project and its environmental impacts and identified mitigation measures. The FEIR provided detailed site plans, including building and parking garage sections. It included a review of the project’s permitting status, a response to comments received on the DEIR and draft Section 61 Findings.

The FEIR provided additional information regarding site conditions, including pre- and post-construction site grades; location of proposed open space and pedestrian connections; design details, including planting plans, surface treatments and park structures, of the proposed 2.5-acre South Meadow Brook Park; and the locations of on-site releases of hazardous materials designated with Release Tracking Numbers (RTN) pursuant to the Massachusetts Contingency Plan (MCP). According to the FEIR, approximately 414,650 cubic yards (cy) of soil will be excavated during construction, of which 64,450 cy will be excavated in connection with the remediation of contaminated soil at the site and the remainder will be generated by excavation for foundations and subsurface parking garages. Suitable soil will be reused on-site to raise the grade of the central portion of the site by up to ten feet; however, a large volume of excavated material will be exported off site. According to the FEIR, concentrations of semi-volatile organic compounds (SVOC), petroleum hydrocarbons and metals were detected in soil throughout the site. In addition, fuel oil and polychlorinated biphenyls (PCB) were detected in soil in the proposed locations of Buildings 4 and 8, respectively, and chlorinated volatile organic compounds (VOC) were detected in groundwater in the proposed location of Building 4. During the construction period, contaminated soil and groundwater will be managed under a Construction Release Abatement Measure (RAM) Plan that will specify requirements for sampling, handling, treatment and disposal of contaminated material. According to the FEIR, it is anticipated that remediation activities conducted pursuant to the RAM Plan will adequately address contaminated soil and groundwater at the site and that a Permanent Solution Statement will be filed with MassDEP upon completion of construction to provide regulatory closure of the site under the MCP without restrictions affecting proposed uses of the site.

Segmentation

The project described in the ENF included the development of two parcels on the east side of Needham Street that are no longer proposed to be developed as part of the project. According to the FEIR, the buildings on these sites are in use and redevelopment of those both parcels is not anticipated in the near future. A building on one of the parcels (260 Needham Street) was re-tenanted in 2019 and is in retail use; during the review period, the Proponent indicated that the building on the second parcel (160 Charlemont Street) is used by the Proponent for construction materials storage and by the Newton Police Department for training classes. Any projects comprising a common plan proposed on those parcels within, at a minimum, the next

EEA# 15757 FEIR Certificate March 19, 2021 five years, may be subject to MEPA review and the cumulative impacts of those projects will be reviewed together; the Proponent should consult with the MEPA Office if it intends to develop those parcels within that timeframe.

Transportation

The Scope included in the DEIR certificate identified information to be provided in the FEIR regarding the project’s transportation impacts and mitigation measures, including design of roadway mitigation and implementation of TDM measures. In addition, the Scope requested an analysis of the project’s transit impacts using a new transit capacity and passenger comfort methodology under development by the Massachusetts Bay Transportation Authority (MBTA); the MBTA has not updated the methodology and this analysis was not presented in the FEIR.

The Proponent has committed to significant transportation mitigation, including a $5 million contribution to the City of Newton (City) for off-site transportation alternatives analysis, bicycle and pedestrian improvements, traffic calming and traffic safety and coordination improvements. Mitigation measures implemented with this funding will be determined by the City Council based on the recommendations of the City’s Planning and Public Works Departments and the Proponent. According to the FEIR, it is anticipated that the majority of the improvements to be funded by the Proponent will affect local streets. The FEIR included a comprehensive list of priority transportation projects identified by the City which may be funded by the Proponent; the list includes the following mitigation measures recommended by MassDOT: safety improvements identified in the Road Safety Audit (RSA) completed for the intersection of Center Street at Walnut; replacement of the former railroad bridge over I-95 north of Highland Avenue to provide an off-road path connecting the site with the Town of Needham; and transit priority along the Needham Street Corridor.

The City’s Special Permit for the project requires the Proponent to reduce the number of vehicle trips associated with the proposed residential and office uses by 20 percent below the adjusted trip rates provided in the DEIR. If traffic monitoring determines that the number of trips has been exceeded, the Proponent will be required by to invest additional funds into its TDM Program to further reduce the number of trips; the City’s enforcement of this requirement may include denial of further occupancy permits until the Proponent has demonstrated compliance with the requirement. MassDOT may also require the Proponent to implement enhanced TDM measures if the project’s trip generation is higher than anticipated. A key component of the Proponent’s TDM Program is a free shuttle bus that will run at 10-minte intervals between the site and the Newton Highlands Station on the MBTA’s Green Line. The shuttle will be available for use at no cost to residents and business at the project site and area residents.

Climate Change

The FEIR provided additional information and analyses regarding the potential flooding of the site under future climate conditions and supplemented the GHG analysis included in the DEIR.

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Adaptation and Resiliency

The FEIR included a summary of a hydrologic and hydraulic analysis conducted to determine the potential for South Meadow Brook to flood the site under future climate conditions. The analysis modeled the capacity of the open and culverted sections of the brook using the EPA’s Stormwater Management Model (SWMM) and compared the results to flood volumes established by FEMA in its Flood Insurance Study of Middlesex County. The analysis concluded that flooding of the site would occur when flows exceed 1,850 cubic feet per second (CFS), which corresponds to a 1,100-year recurrence interval (0.05 percent exceedance probability). The FEIR included a commitment to design the stormwater management system to accommodate future large and intense storm events using rainfall depths derived from either the NOAA Atlas 14 upper confidence interval or the Resilience Design Standards for State Agencies design tool, if available.

Greenhouse Gas Emissions

As detailed below, the project design includes significant measures that will minimize GHG emissions from the proposed buildings, including constructing at least three of the residential buildings to Passivehouse standards, electrification of all space and water heating in residential and retail buildings and building envelopes designed to exceed Building Code requirements. According to the Department of Energy Resources (DOER), it appears that baseline modeling of Buildings 2-8 did not incorporate all applicable Massachusetts energy efficiency amendments per the current state Building Code, and the Base Case designs of Buildings 9-12, which are among the smallest proposed residential buildings with up to 36 units each, were incorrectly established with Home Energy Rating System (HERS) ratings of 59 to 64, rather than HERS 55. These discrepancies do not permit an accurate assessment of the degree of improvement of the proposed design compared to a design that conforms to the baseline Building Code standards. Nevertheless, the designs of these buildings are significantly more energy- efficient than required by the Building Code and they include electric space and water heating systems.

Wetlands and Stormwater

The FEIR provided additional details regarding project components within the Riverfront Area, restoration of South Meadow Brook and associated resource areas. The project includes: the removal of approximately 14,943 sf of pavement from the Riverfront Area; replacement of invasive species with native shrubs, groundcover and perennials; and public open space with pathways, seating areas, viewing platforms and play structures.

As noted by the Charles River Watershed Association (CRWA), the FEIR did not provide detailed analyses demonstrating that the proposed stormwater management system will provide treatment of runoff to a level consistent with the Charles River phosphorous TMDL. During the review period, the Proponent indicated that the site design has not progressed yet to the stage where final design of the stormwater management system has been completed and phosphorous removal rates calculated. I anticipate that the City and the Newton Conservation Commission will require this level of information during the permitting of the project. As noted below, the

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Proponent has committed to comply with this requirement in the draft Section 61 Findings included in the FEIR.

Mitigation and Draft Section 61 Findings

The FEIR provided draft Section 61 Findings for use by State Agencies. The Section 61 Findings should be provided to State Agencies to assist in the permitting process and issuance of final Section 61 Findings. The Proponent will provide a GHG self-certification to the MEPA Office that is signed by an appropriate professional (e.g., engineer, architect, transportation planner, general contractor) indicating that all of the GHG mitigation measures, or equivalent measures that are designed to collectively achieve identified reductions in stationary source GHG emission and transportation-related measures, have been incorporated into the project. To the extent the project will take equivalent measures to achieve the identified reductions, I encourage the Proponent to commit to achieving the same level of GHG emissions identified in the mitigated (design) case expressed in volumetric terms (e.g., tpy).

Transportation

Roadway Improvements

• Provide land along the Charlemont Street site frontage to allow the State to align Charlemont Street with the site access (northern) driveway as part of the Needham Street reconstruction project; • Contribute $5,000,000 to the City of Newton for offsite traffic mitigation and improvements, potentially including replacement of the former railroad bridge over I- 95 north of Highland Avenue; transit priority along the Needham Street Corridor; and safety improvements identified in the Road Safety Audit (RSA) completed by the Proponent for the intersection of Center Street at Walnut.

Pedestrian and Bicycle Facilities

• Provide 1,100 bicycle parking spaces; • Provide bicycle maintenance station; • Make shared bicycle service available; • Construct a bike path through the Project Site from the Greenway to Needham Street as shown on the Project Master Plans; and, • Construct on-site roadways with sidewalks, ADA-compliant ramps, pedestrian crossings, and bicycle accommodations.

Transit Service

• Coordinate with the MBTA to locate a floating bus stop along Needham Street; • Provide space within the on-site Mobility Hub for riders waiting to access transit services; and, • Work with City of Newton to potentially implement transit priority on Needham Street.

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TDM

• A Mobility Hub that will serve as a coordinated transportation center with a shuttle bus stop, bus shelter, maps and other information transit services, screens displaying real-time transit information, benches, restrooms and café space; • A TDM Coordinator who will oversee the TDM program implementation, including education and marketing; • Free shuttle service for site residents, employees and visitors and area residents. The shuttle will operate 16 hours per day, 7 days per week with 10-minute headways and provide service between the site and the Newton Highlands Green Line station; • Implement a care share program; • Designate parking spaces for carpools and vanpools; • Provide emergency ride home service for users of carpools and vanpools; • Unbundle parking fees from rent or lease costs; • Provide 1,100 bicycle parking spaces and a bike repair station; • Provide shower facilities for commuters to the office building; • Set parking limitations for commercial tenants; • Provide a transit pass subsidy to residents and employees without cars; • Provide pedestrian and bicycle connections to area roadways and the Upper Falls Greenway; • Provide EV charging stations at a minimum of five percent of the parking spaces and construct an additional 10 percent of the spaces to be EV-ready; • Quantify the progress made towards reducing Vehicle Miles Traveled (VMT) and carbon dioxide emissions by documenting compliance with City requirement for 20 percent reduction in vehicle trips; and, • If necessary to meet MassDOT and City vehicle trip reduction requirements, consider implementing the following: o Offering subsidies to local transit providers to increase frequency or span of service during weekend, midday, and evening periods; o Provision of incentives to commute by carpool, vanpool, transit or active modes of transportation; o Creation of a parking cash-out program; and o Charging higher parking rates and requiring shorter payment periods to reduce high turnover in congested portions of the project site.

Transportation Monitoring

• Simultaneous automatic traffic recorder (ATR) counts at each site driveway for a continuous 24-hour period on a typical weekday and Saturday; • Travel survey of employees and patrons at the site (to be administered by the Transportation Coordinator); • Weekday morning, evening, and Saturday peak hour turning movement counts (TMCs) and operations analysis at “mitigated” intersections, including those involving site driveways; and

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• Transit Ridership counts.

GHG

The project will implement mitigation measures, including TDM and roadway improvements, that will minimize mobile-source GHG emissions by approximately 40 percent compared to emissions from a modeled unmitigated condition. According to the DEIR, stationary-source GHG emissions will be reduced by 29.4 percent compared to buildings constructed to Building Code baseline requirements by incorporating the following building design features:

• Design and construct three residential buildings (Buildings 3, 4 and 8) to Passivehouse (PHIUS), Passive House Institute (PHI) or other recognized passive house certification; • Conduct Passivehouse feasibility studies for Buildings 5a-b, 6a, 6b-c, 7 and 12; • Electrification of all space heating in the residential and retail buildings using variable refrigerant flow (VRF) systems; • Electric water heating systems in the residential and retail buildings; • Building designs with insulation values above Code requirements, windows with low aggregate U-values (UA) and the avoidance of curtain walls in any of the buildings. The project incorporates the following vertical UA values: Building 2 - UA 0.153, Buildings 3 and 4 - UA 0.078, Building 5 - UA 0.072, Building 6a – UA 0.098, Buildings 6b and 6c - UA 0.076, Building 7 - UA 0.100, and Building 8 - UA 0.075; • Very low energy use for all buildings, with energy use intensity (EUI) values ranging from 18 to 34 kBtu/sf-yr; • Construction of low-rise residential buildings with HERS scores ranging from 39 to 48, which exceeds the updated Building Code requirements; • Rooftops designed to accept solar photovoltaic (PV) systems; and • Electric vehicle (EV) charging stations at five percent of all parking spaces, an additional 10 percent of the spaces will be EV-ready, and explore feasibility of providing charging stations for up to 1,215 spaces based on demand.

Adaptation and Resiliency

• Reduce impervious area by 0.7 acres; • Use native plant species for landscaping; • Use a rain harvesting system to capture roof runoff for use in irrigation; • Construct cool and green roofs; • Install light-colored hardscape surfaces; • Construct residential space to Passivehouse standards; • Design the stormwater management system to accommodate existing and future large and intense storm events using rainfall depths derived from either the NOAA Atlas 14 upper confidence interval or the Resilience Design Standards for State Agencies design tool, if available.

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Wetlands and Stormwater

• Restoration of the Riverfront Area associated with South Meadow Brook, including removal of 14,943 sf of pavement, replacement of invasive species with native shrubs; • Daylight a section of the culverted South Meadow Brook between Buildings 1 and 2; • Reduce site-wide impervious area by 0.7 acres; • Provide 10.4 acres of publicly accessible open space, including open space adjacent to South Meadow Brook; • Construction of a stormwater management system that complies with MassDEP’s Stormwater Management Standards and the Charles River phosphorous TMDL; • Use a rain harvesting system to capture roof runoff for use in irrigation; • Install low impact design (LID) features, including permeable pavement and pavers; • Stormwater from paved parking lots, walkways, and landscape will be collected via deep sump and hooded catch basins and area drains from the private site areas and directed to the underground recharge systems.

Water and Wastewater

• Contribute $1,185,000 to the City I/I removal mitigation; and, • Use of water-conserving aeration fixtures and appliances and sensor-operated faucets.

Historic Resources

• Comply with Memorandum of Agreement (MOA) executed by MHC, MassDOT, the Newton Historical Commission and the Proponent on September 21, 2018; • Provide photographic documentation of the seven buildings to be demolished; • Daylight a section of the culverted South Meadow Brook between Buildings 1 and 2; • Install interpretive signage at the site that provides information about its history; and, • Develop a landscaping plan with historic markers and salvaged architectural elements that enhance the surroundings of the six buildings that will be reused.

Solid and Hazardous Waste

• Provide recycling and, potentially, compost facilities for residents; • Engage a Licensed Site Professional to manage, supervise and perform response actions at the site; • Manage soil and groundwater in accordance with a RAM Plan; and, • Develop an Ambient Air Monitoring Plan, if necessary, based on levels of VOCs in soil and/or groundwater.

Construction

• Compliance with MassDEP’s Air Pollution Control regulations pursuant to M.G.L. c.40, §54 and the Massachusetts Air Pollution Control regulations at 310 CMR 7.01,

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7.05, 7.09 and 7.11, including anti-idling provisions; and use of vehicles meeting EP A’s Tier 4 Emissions Standards; • Participation in MassDEP’s Diesel Retrofit Program; • Implementation of measures to minimize dust and odors, including dust monitoring if necessary; • Compliance with MassDEP’s noise regulations and the City’s noise control ordinance; • Compliance with MassDEP’s Solid Waste regulations and implementation of measures to reuse and recycle construction and demolition (C&D) debris and appropriately handle and dispose of asbestos; and, • Use of sedimentation and erosion controls in compliance with the requirements of the SMS and the NPDES General Permit for Construction Activities.

Conclusion

Based on a review of the FEIR, comments letters, and consultation with State Agencies, I find that the FEIR adequately and properly complies with MEPA and its implementing regulations. No further MEPA review is required, and the project may proceed to permitting. As described above, I expect that the Proponent will continue to consult with MassDOT and the City regarding potential additional transportation mitigation measures. If updated Section 61 Findings are necessary, the Proponent should submit the updated document to the MEPA Office for inclusion in the project file. Participating State Agencies, in turn, should forward copies of the final Section 61 Findings to the MEPA Office for publication in accordance with 301 CMR 11.12.

March 19, 2021 ______Date Kathleen A. Theoharides

Comments received:

03/11/2021 Charles River Watershed Association (CRWA) 03/12/2021 Massachusetts Department of Transportation (MassDOT) 03/19/2021 Massachusetts Department of Energy Resources (DOER)

KAT/AJS/ajs

March 12, 2021

Kathleen Theoharides, Secretary Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114-2150

RE: Newton: The Northland – FEIR (EEA #15757)

ATTN: MEPA Unit Alex Strysky

Dear Secretary Theoharides:

On behalf of the Massachusetts Department of Transportation, I am submitting comments regarding the Final Environmental Impact Report for the Northland project in Newton, as prepared by the Office of Transportation Planning. If you have any questions regarding these comments, please contact J. Lionel Lucien, P.E., Manager of the Public/Private Development Unit, at (857) 368-8862.

Sincerely,

David J. Mohler Executive Director Office of Transportation Planning

DJM/jll

Ten Park Plaza, Suite 4150, Boston, MA 02116 Tel: 857-368-4636, TTY: 857-368-0655 www.mass.gov/massdot

The Northland Page 2 3/12/2021 cc: Jonathan Gulliver, Administrator, Highway Division Patricia Leavenworth, P.E., Chief Engineer, Highway Division John McInerney, District 6 Highway Director Neil Boudreau, Assistant Administrator of Traffic and Highway Safety Metropolitan Area Planning Council Massachusetts Bay Transportation Authority City of Newton, Department of Planning & Development

MEMORANDUM

TO: David Mohler, Executive Director Office of Transportation Planning

FROM: J. Lionel Lucien, P.E, Manager Public/Private Development Unit

DATE: March 12, 2021

RE: The Northland – FEIR (EEA #15757)

The Public/Private Development Unit (PPDU) has reviewed the Final Environmental Impact Report (FEIR) for The Northland project in the Newton Upper Falls neighborhood of Newton. The project site consists of approximately 22.6 acres of land bounded by Needham Street to the east, Oak Street to the south, the Upper Falls Greenway to the west, and existing development to the north. The site presently consists of buildings currently or recently used for commercial purposes and historically used for manufacturing purposes.

The project would entail the construction of approximately 1.4 million square feet (sf) of development, including 115,114 sf of retail space, 193,200 sf of office space, and 800 residential units, 140 of which will be affordable. The project includes renovating the historic Saco-Pette Mill building, where the office space will be located. Of the other 12 buildings included in the project, one will be exclusively retail and the remainder will be residential, some including a retail component. At the time of the Environmental Notification Form (ENF), the site development consisted of parcels on the east and west sides of Needham Street, but the current development program only includes redevelopment on the west side of Needham Street. There have been no significant changes to the project since the Draft Environmental Impact Report (DEIR) was filed in August 2020.

The project includes provisions for 1,600 parking spaces, with 119 spaces located on- street or in surface lots, and the remainder underground. The parking supply includes 250 valet or tandem spaces. Access to the site would be provided by an internal street network accessed from Needham Street and Oak Street, as well as via the extension of Tower Road. Needham Street is a state-owned roadway and a Vehicular Access Permit from MassDOT will be required.

The project is expected to generate 12,984 unadjusted daily vehicle trips, exceeding the Massachusetts Environmental Policy Act (MEPA) trip generation threshold for an Environmental Impact Report (EIR) review. The DEIR included a Transportation Impact Assessment (TIA), prepared in general conformance with the current MassDOT/EOEEA TIA

Ten Park Plaza, Suite 4150, Boston, MA 02116 Tel: 857-368-4636, TTY: 857-368-0655 www.mass.gov/massdot

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Guidelines. The FEIR adequately addresses the comments MassDOT provided on the DEIR and includes a draft Section 61 Finding, committing to mitigation measures.

Site Access Improvements

Throughout the MEPA review, the Proponent has coordinated with MassDOT regarding the MassDOT project to redesign the Highland Avenue/Needham Street/Winchester Street corridor (Project No. 606635). This project started preliminary construction in 2020. The Proponent has committed to providing land along the Charlemont Street site frontage to allow realignment of the project site’s northern Needham Street driveway with Charlemont Street and create a four-way intersection.

MassDOT asked the Proponent to coordinate with MassDOT regarding potential future development on the east side of Needham Street, as was initially proposed in the ENF, to ensure that the corridor design could accommodate such future development. The FEIR states that while there are no current plans to develop this parcel, this development was considered when the improvements to Needham Street were designed. The FEIR also described that the Proponent has coordinated extensively with MassDOT and will continue to coordinate project activities with MassDOT as necessary to promote coordinated construction efforts.

The Proponent has agreed to give $5,000,000 to the City of Newton for off-site traffic improvements to be determined as the site becomes permitted and occupied. To allocate these funds, the Newton Director of Planning and Development in consultation with the Commissioner of Public Works and the Proponent, will recommend projects to the City Council. The City of Newton Board Order/Special Permit for the project lists the following potential uses for these funds: transportation alternatives analysis, bicycle and pedestrian improvements, village enhancement, traffic calming, and traffic safety and coordination improvements. The FEIR states that most of the improvements will take place on roadways under local jurisdiction, rather than MassDOT jurisdiction.

Safety Improvements

Two of the study intersections are potential HSIP-eligible clusters: Winchester Street at Route 9 Westbound Service Road, and Centre Street at Walnut Street. The Proponent coordinated with the MassDOT Safety Unit to determine which locations required a road safety audit (RSA). Centre Street at Walnut Street was identified as the only candidate and the RSA was conducted in May 2020. The FEIR includes the findings and recommendations from the RSA. The FEIR states that the safety improvements identified in the RSA are expected to be part of the City’s selected projects for which the $5,000,000 mitigation contribution will be used.

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Multimodal Access and Facilities

The site plan includes internal pathways to accommodate pedestrian access and circulation throughout the site. Internal sidewalks will connect to the sidewalks along Oak Street and the redesigned sidewalks on Needham Street, being reconstructed as part of MassDOT’s project. The project includes two new connections from Needham Street to the Upper Falls Greenway, which runs adjacent to the site.

Bicycle circulation through the site will be provided on the internal roadway network, and on a separated bicycle facility between the Upper Falls Greenway and the new separated bicycle facilities on Needham Street. The project will provide a bikeshare station and a minimum of 1,100 bicycle parking spaces, including secured and unsecured spaces.

The FEIR states that the Proponent commits to designing the connection to the Upper Falls Greenway at Mechanic Street as a welcoming ADA-compliant pathway for people walking and bicycling between the Upper Falls neighborhood and Needham Street, as requested by MassDOT. MassDOT also asked the Proponent to assess the utility of replacing the former railroad bridge over I-95 north of Highland Avenue, to provide an off-road path connecting the site with the Town of Needham. The FEIR states that the City of Newton may consider this as a potential use of the $5,000,000 mitigation contribution, described above.

Transit Improvements

As recommended by MassDOT, the Proponent is coordinating with the MBTA to potentially locate a floating bus stop along Needham Street, adjacent to the proposed mobility hub. The FEIR describes that the mobility hub will provide inside and outside dry places for the public to wait for transit services and will replace the need for a new bus shelter on Needham Street. MassDOT also recommended that the Proponent consider transit priority along the Needham Street Corridor. The FEIR states that this improvement should be considered by the City of Newton to determine whether it is a priority and if it could be a potential use of the $5,000,000 mitigation contribution.

Transportation Demand Management Program (TDM)

To reduce site trip generation, the project includes a robust TDM program. An initial TDM Work Plan was submitted to the City of Newton with details on how the TDM measures will be phased. The Proponent commits to the following TDM measures in the FEIR with the goal of reducing vehicle trips by employees, residents, and visitors of the project:

 Designation of a TDM Coordinator for the site to: o Assist residents and employees with transportation planning and ride- matching; o Disseminate information on transit and active modes of transportation; o Develop a website, marketing and educational materials on transportation options;

The Northland Page 4 3/12/2021

o Host transportation-related events; o Distribute transit maps and passes; and o Monitor TDM effectiveness.  Construction of a Mobility Hub on site including the following components at a minimum: o Connected shuttle stop; o Bus shelter; o Maps to MBTA bus system and the private shuttle, described below; o Digital sign with transportation choices and real-time transit information; o Sofa benches and seating; o Restroom; and o Café space.  Free shuttle service, developed in coordination with the 128 Business Council TMA, with the following characteristics: o Connection between the Mobility Hub and the Newton Highlands MBTA Green Line Station; o Runs 7 days a week for 16-hour spans; and o Free to Site residents, employees, visitors, and area residents.  Provision of subsidized T-Passes for residents and employees without cars;  Provision of carpool and carpool parking;  Provision of convenient electric car/low emission vehicle parking;  Provision of an emergency ride home program for carpool and vanpool participants;  Provision of spaces for car sharing services (e.g. ZipCar);  Provision of a bikeshare station (e.g. Blue Bike);  Provision of secure bicycle parking (1,100 spaces);  Provision of a bicycle repair station;  Provision of showers for office tenants;  Provision of shared parking opportunities and reduced parking ratios;  Unbundling of parking costs from renting/leasing to discourage car ownership, for market-rate units; and  Parking limitations for commercial tenants.

In addition, as requested by MassDOT upon review of the DEIR, the Proponent commits to adding a guaranteed ride home program for participants in the carpool and vanpool programs. The Proponent will consider the following additional measures should the project exceed the trip generation agreed upon with the City, described further below:

 Offering subsidies to local transit providers to increase frequency or span of service during weekend, midday, and evening periods;  Provision of incentives to commute by carpool, vanpool, transit or active modes of transportation;  Creation of a parking cash-out program; and  Charging higher parking rates and requiring shorter payment periods to reduce high turnover in congested portions of the project site.

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MassDOT requested more clarity about the 128 Business Council’s role with respect to the free shuttle. The FEIR notes that the 128 Business Council was an important part of developing the project TDM plan and that the Proponent will consider all options for operators of the shuttle system, but no firm commitments can be made at this time. MassDOT recommended a shuttle frequency of 15 minutes or fewer to situate the shuttle as a convenient alternative to driving; the FEIR states that the shuttle is envisioned to operate with ten-minute headways.

Transportation Monitoring Program

The Proponent has committed to conduct an annual traffic monitoring program for a period of five years, beginning six months after occupancy of the full-build project. The goals of the monitoring program would be to evaluate the assumptions made in the EIR and the adequacy of the mitigation measures, as well as to determine the effectiveness of the TDM program. It would include:

 Simultaneous automatic traffic recorder (ATR) counts at each site driveway for a continuous 24-hour period on a typical weekday and Saturday;  Travel survey of employees and patrons at the site (to be administered by the Transportation Coordinator);  Weekday morning, evening, and Saturday peak hour turning movement counts (TMCs) and operations analysis at “mitigated” intersections, including those involving site driveways; and  Transit Ridership counts.

Requirements imposed by the City of Newton state that the Proponent must update their TDM Work Plan and increase investment in TDM if the project exceeds the agreed upon trip generation, which includes a 20% vehicle trip reduction after appropriate mode share credits are applied. MassDOT also requires the Proponent to commit to additional investment in TDM if the trips observed in the transportation monitoring exceed the agreed upon trip generation. MassDOT asked that the FEIR provide more documentation on how the 20% trip reduction will be achieved, potentially including estimates of TDM effectiveness and comparisons with mode share at other sites with similar TDM programs. The Proponent stated that it was difficult to identify a comparable site; however, in collaboration with the 128 Business Council and the City’s third party peer consultant the proposed TDM measures are estimated to cause a 20% vehicle trip reduction, consistent with the City’s requirement.

MassDOT recommends that no further environmental review be required based on transportation-related issues. The Proponent should continue consultation with appropriate MassDOT units, including PPDU and the District 6 Office, to discuss preparation of the Section 61 Finding. If you have any questions regarding these comments, please contact me or Catrina Meyer at [email protected]. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENERGY RESOURCES 100 CAMBRIDGE ST., SUITE 1020 BOSTON, MA 02114 Telephone: 617-626-7300 Facsimile: 617-727-0030

Charles D. Baker Kathleen A. Theoharides Governor Secretary

Karyn E. Polito Patrick C. Woodcock Lt. Governor Commissioner

19 March 2021

Kathleen Theoharides, Secretary Executive Office of Energy & Environmental Affairs 100 Cambridge Street Boston, Massachusetts 02114 Attn: MEPA Unit

RE: The Northland Newton Development, Newton, Massachusetts, EEA #15757

Cc: Maggie McCarey, Director of Energy Efficiency, Department of Energy Resources Patrick Woodcock, Commissioner, Department of Energy Resources

Dear Secretary Theoharides:

We’ve reviewed the Final Environmental Impact Report (FEIR) for the above project. The proposed project consists of a 1.14M sf of residential (800 housing units), 0.12M sf of retail, and 0.19M sf of office. All buildings will be new construction except for the 0.19M sf of office which will be renovated.

Executive Summary

The project is proposing significant mitigation measures which embrace the DOER’s energy efficiency priorities, including focusing on improved envelope, Passivehouse, and efficient electrification. These measures will help Massachusetts achieve greenhouse gas emissions limits set forth in the Global Warming Solutions Act.

The project consists of approximately 13 buildings with each committing to different mitigation measures. The table below summarize the proposed mitigation for each of the 13 buildings:

The Northland Newton Development, EEA #15757 Newton, Massachusetts

Proposed Building Name Emissions or Mitigation Commitments HERS Rating Efficient electrification of Space Heating Building 1 (Office) 133 tpy Primary Heating: VRF Multi-split with heat recovery Hot Water: 95% Gas Efficient electrification of Space Heating Vertical UA: U-0.153 Windows: U-0.17, SHGC-0.40 Building 2 (Retail) 5.4 tpy Primary Heating: Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: 84% Efficient Heat Recovery Ventilation Passivehouse w/ Efficient Electrification Vertical UA: U-0.078 Window: U-0.13, SHGC-0.37 Wall: U-0.04 Building 3 98 tpy Roof: U-0.025 (Retail/Residential) Primary Heating: VRF Multi-split (COP 3.48, SEER 16) Secondary Heating: Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: 84% Efficient Heat Recovery Ventilation Passivehouse w/ Efficient Electrification Vertical UA: U-0.078 Window: U-0.13, SHGC-0.37 Building 4 Wall: U-0.04 167 tpy (Retail/Residential) Roof: U0.025 Primary Heating: VRF Multi-split (COP 3.48, SEER 16) Secondary Heating: Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: Heat Recovery Ventilation Efficient electrification of Space Heating Vertical UA: U-0.072 Window: U-0.12, SHGC-0.40 Building 5 Wall: U-0.048 189 tpy (Retail/Residential) Primary Heating: VRF Multi-split (COP 3.48, SEER 16) Secondary Heating: Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: Heat Recovery Ventilation Efficient electrification of Space Heating Vertical UA: U-0.098 Window: U-0.14, SHGC-0.40 Building 6a Wall: U-0.05 149 tpy (Retail/Residential) Primary Heating: VRF Multi-split (COP 3.48, SEER 16) Secondary Heating: Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: Heat Recovery Ventilation

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The Northland Newton Development, EEA #15757 Newton, Massachusetts

Efficient electrification of Space Heating Vertical UA: U-0.076 Window: U-0.12, SHGC-0.40 Building 6b-6c Wall: U-0.048 127 tpy (Retail/Residential) Primary Heating: VRF Multi-split (COP 3.48, SEER 16) Secondary Heating: Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: Heat Recovery Ventilation Efficient electrification of Space Heating Vertical UA: U-0.100 Window: U-0.14, SHGC-0.40 Wall: U-0.048 Building 7 75 tpy Floor: R20 for 24 inch (Retail/Residential) Primary Heating: VRF Multi-split (COP 3.48, SEER 16) Secondary Heating: Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: Heat Recovery Ventilation Passivehouse w/ Efficient Electrification Vertical UA: U-0.075 Window: U-0.14, SHGC-0.37 Wall: U-0.043 Building 8 109 tpy Roof: U-0.025 (Retail/Residential) Primary Heating: VRF Multi-split (COP 3.48, SEER 16) Secondary Heating:- Packaged Single Zone Heat Pump (HSPF 10.2, SEER 16) Energy Recovery: Heat Recovery Ventilation HERS 39 w/ Efficient Electrification Window: U-0.142, SHGC-0.34 Wall: R-28+3.5c.i. Building 9-10-11 HERS 39 Roof: R-40 c.i. Infiltration Rate: Htg: 0.60 CLG: 0.60 ACH50 Heating: ASHP (HSPF 10.9, SEER 19) Energy Recovery: 84% Efficient ERV HERS 48 w/ Efficient Electrification Window: U-0.140, SHGC-0.5 Wall: R-28+3.5c.i. Building 12 HERS 48 Roof: R-40 c.i. Infiltration Rate: Htg: 0.60 CLG: 0.60 ACH50 Heating: ASHP (HSPF 10.9, SEER 19) Energy Recovery: 84% Efficient ERV

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The Northland Newton Development, EEA #15757 Newton, Massachusetts

HERS 55 w/ Efficient Electrification Window: U-0.130, SHGC-0.34 Wall: R-28+3.5c.i. Building 14 HERS 55 Roof: R-40 c.i. Infiltration Rate: Htg: 0.60 CLG: 0.60 ACH50 Heating: ASHP (COP2.7, SEER 15) Energy Recovery: 84% Efficient ERV

In summary, the project is committing to the following:

• Efficient electrification (electric air source heat pumps) of all space heating in the residential and retail buildings; • No use of curtain walls in any of the residential buildings; • Passivehouse commitment for 3 buildings (395,000-sf total, 35% of all planned residential); • Very low energy use for all buildings (EUI range from 18 to 34 kBtu/sf-yr, average 25); • HERS for low rise residential beyond code (HERs range from 39 to 55); • Electric vehicle charging stations for 5% of all parking spaces and EV readiness for 10% of parking spaces.

Response to the DEIR

As evidenced by the relatively low EUIs and HERs ratings, and the commitment to efficient electrification for all the proposed buildings, the project is proposing significant improvements over minimum code requirements. DOER commends the proponent for the greenhouse mitigation commitments being proposed.

However, the proponent was not fully responsive to our comment letter from the DEIR and many of our concerns and questions remain. Primarily, it remains not possible to estimate Mitigation Level1 at this time due to incorrect baselines used for some of the buildings.

To summarize the remaining concerns from the DEIR, buildings 1-8, do not appear to apply 3 of the C406 measures correctly in the baseline. Specifically, the project has elected C406.2 More Efficient HVAC, C406.3 Reduced LPD, and C406.8 Enhanced Envelope, however, the project does not appear to be applying C406.8 in the baseline. For buildings 9/10/11, 12, and 14, which are low-rise residential (residential buildings 4 stories or less), the baseline should be set to HERS 55. In the FEIR, however, the baselines for these buildings are set to between HERS 59 and 64. The baseline for all buildings needs to be corrected to accurately estimate mitigation.

The proponent currently estimates mitigation level of 17.5% for buildings 1-8 and a mitigation level of 33% for buildings 9, 10, 11 & 12. The project did not include any information on

1 Mitigation Level is the percent GHG reduction beyond the reduction that would occur as a result of following state and local building codes. A Mitigation Level of 0% means that no mitigation is proposed.

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The Northland Newton Development, EEA #15757 Newton, Massachusetts building 14 in the FEIR. These mitigation levels may be overestimated once the baselines are corrected.

Recommendations

The project should review DOER’s comment letter from the DEIR dated 9/25/2020 for references to ensure they are modeling the baseline correctly, relevant recommendations from the DEIR remain as follows:

1. Correct the baseline for Buildings 9/10/11, 12, and 14 to HERs 55.

2. Clarify commitments to air-infiltration reduction and compare commitments to minimum code standards.

3. Finalize solar readiness, explicitly distinguishing between solar required by Code (which would not be considered a mitigation measure) and beyond code solar readiness (which would be considered a mitigation measure).

Sincerely,

Paul F. Ormond, P.E. Energy Efficiency Engineer Massachusetts Department of Energy Resources

Brendan Place Clean Energy Engineer Massachusetts Department of Energy Resources

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