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 LIEUTENANT GOVERNOR Fax: (617) 626-1081 http://www.mass.gov/eea Matthew A. Beaton SECRETARY
October 5, 2018
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM
PROJECT NAME : The Parkway Apartments PROJECT MUNICIPALITY : Boston (West Roxbury) PROJECT WATERSHED : Charles River EEA NUMBER : 15907 PROJECT PROPONENT : Lincoln Parkway, LLC DATE NOTICED IN MONITOR : September 5, 2018
Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G. L. c. 30, ss. 61-62I) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this project does not require an Environmental Impact Report (EIR).
Project Description
As described in the Environmental Notification Form (ENF), the project involves the construction of an approximately 351,000-square foot (sf) residential development on the Veterans of Foreign Wars (VFW) Parkway in West Roxbury. The 258-unit residential development will consist of two detached four-story buildings and a main access drive which will provide a connection between the adjacent trailer park and VFW Parkway. The project includes a 5-story parking garage with 387 parking spaces. The residential units will be wrapped around the parking garage to reduce its visibility. The project includes improvements along the project site frontage including reconstruction of existing sidewalks, installation of handicap accessible ramps, street lighting and landscaping.
Project Site
The 4.6-acre project site is bounded by the VFW Parkway to the east, Dedham Street to the north, Boston Trailer Park and the Charles River to the west and Prime Honda Boston to the south. The project site consists of a dilapidated surface parking lot, a private drive (A Street) and undeveloped land. The EEA# 15907 ENF Certificate October 5, 2018 project includes a 20-ft wide sewer easement currently owned by the Massachusetts Department of Capital Asset Management and Maintenance (DCAMM). The sewer is no longer operational and the easement is proposed to be released to the Proponent. The southwest corner of the project site is located within the Zone AE according to the FEMA Flood Insurance Rate Map (FIRM) (Map No. 250250068G, effective September 25, 2009). Base Flood Elevation (BFE) is 90 feet (ft) North American Vertical Datum of 1988 (NAVD88). The project does not include mapped Estimated or Priority Habitat of Rare Species according to the 14th edition of the Massachusetts Natural Heritage Atlas.
Environmental Impacts and Mitigation
Environmental impacts associated with the project include the alteration of 3.47 acres of land and creation of 1.86 acres of new impervious area. The project will impact 28,540 sf of Bordering Land Subject to Flooding (BLSF). Trip generation is estimated at 1,404 new average daily trips (adt) and will create 387 new parking spaces at a single location. The project is expected to increase water demand by 43,700 gallons per day and increase waste water generation by 39,710 gpd.
Measures to avoid, minimize and mitigate environmental impacts include the use of erosion and sedimentation controls to reduce impacts to resource areas and installation of a stormwater management system.
Permitting and Jurisdiction
This project is subject to MEPA review and preparation of an ENF pursuant to 301 CMR 11.03(6)(b)(14) because it requires a State Agency Action and will result in the generation of 1,000 or more new adt and construction of 150 or more new parking spaces at a single location. The project requires a Vehicular Access Permit from the Massachusetts Department of Transportation (MassDOT) and a Direct Connection Permit from the Massachusetts Water Resources Authority (MWRA).
The project will require an Order of Conditions from the Boston Conservation Commission (or in the case of an appeal, a Superseding Order of Conditions from the Massachusetts Department of Environmental Protection (MassDEP)). It will require a National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) from the U.S. Environmental Protection Agency (EPA).
The project is not receiving Financial Assistance from the Commonwealth. Therefore, MEPA jurisdiction is limited to those aspects of the project that are within the subject matter of any required or potentially required State Agency Actions that may cause Damage to the Environment as defined in the MEPA regulations. In this case, jurisdiction extends to land alteration, wetlands, stormwater, traffic, water supply and wastewater generation.
Review of the ENF
The ENF provided a description of existing and proposed conditions, detailed project plans, and identified measures to avoid, minimize and mitigate project impacts.
Alternatives Analysis
2 EEA# 15907 ENF Certificate October 5, 2018
The Alternatives Analysis included four alternatives including a No-Build Alternative, a Retail Alternative, an Office Alternative and the Preferred Alternative. The No-Build Alternative would not increase environmental impacts compared to existing conditions and was dismissed because it would not meet the economic goals of the project and would prevent the development of a long-vacant site located on a major transportation artery. The Retail Alternative is an as-of-right alternative and would consist of approximately 74,000 sf of retail space with 148 parking spaces. This alternative would generate 2,794 unadjusted adt (1,390 adt more than the Preferred Alternative) and would create 3.32 acres of new impervious area (0.48 acres more than the Preferred Alternative). The Office Alternative is also an as- of-right alternative and would consist of 244,800 sf of office space with 490 parking spaces. The Office Alternative is estimated to generate 2,384 new adt (980 adt more than the Preferred Alternative) and would create 3.06 acres of new impervious area (0.22 acres more than the Preferred Alternative). The Preferred Alternative will result in an increased amount of water demand and wastewater generation and will have decrease traffic impacts compared to the Office and Retail Alternatives. Under existing zoning, the City of Boston requires conditional approval of residential use at the project site. However, due to the close proximity of the project site to the Boston Trailer Park and adjacent apartment building, the Proponent believes a residential development is appropriate.
Wetlands and Stormwater
The project will result in temporary and permanent impacts to BLSF associated with the construction of the residential building and associated site grading. The Boston Conservation Commission will review the project to determine its consistency with the Wetlands Protection Act (WPA), the Wetlands Regulations (310 CMR 10.00), and associated performance standards including the stormwater management standards (SMS). The ENF did not include compensatory flood storage calculations; however, the Proponent has indicated that the project will comply with applicable performance standards for BLSF. Comments from MassDEP indicate that the location and elevation of compensatory flood storage, along with a cut and fill table, should be included in the Notice of Intent. The project includes the installation of stormwater management system to treat, detain and infiltrate stormwater runoff to maintain existing hydrology on the site. Runoff from impervious surfaces will be captured by deep sump catch basins, routed through a proprietary separator or other pretreatment device and then to a subsurface infiltration system prior to connecting to an existing storm drain in Dedham Street. The Proponent indicates that the stormwater management system will provide a phosphorous load reduction of 65% consistent with the Total Maximum Daily Load (TMDL) identified for the Middle Charles River.1
Comments from the Massachusetts Department of Conservation and Recreation (DCR)’s Flood Hazard Mitigation Program (FHMP) indicate that the building is located within the 100-year floodplain and, therefore, requires compliance with the Massachusetts State Building Code, 9th Edition Section 1612 and ASCE 24-14 for new structures within the floodplain. The Proponent has indicated that the lowest floor elevation (in the garage) will be 95 ft NAVD 88 and the residential floor elevation is 98.5 ft (8.5 ft higher than BFE).
1 The Proponent confirmed this via e-mail to the MEPA office on October 3, 2018 in response to comments from the Charles River Watershed Association (CRWA).
3 EEA# 15907 ENF Certificate October 5, 2018
Water Supply and Wastewater
As noted earlier, water demand for the project is expected to be 43,700 gpd and wastewater generation is expected to be 39,710 gpd. Water supply will be provided via the Boston Water and Sewer Commission (BWSC) system. The project is seeking a Direct Connection Permit to an MWRA sewer interceptor. MWRA prohibits the discharge of groundwater and stormwater to the sanitary sewer system. The project site has access to storm drains and is not located in a combined sewer area. Therefore, the discharge of groundwater and stormwater to the sanitary sewer system is prohibited. The ENF indicates that the Proponent will work with the BWSC and MWRA to remove inflow/infiltration (I/I) from the regional water system. It is anticipated that this will be accomplished through a contribution to the BWSC I/I reduction program to fund ongoing capital improvements.
Traffic and Transportation
The project requires a Vehicular Access Permit from MassDOT for the construction of an access drive off of the VFW Parkway. The ENF included a Transportation Impact Assessment (TIA) prepared in conformance with the current MassDOT/EEA Transportation Impact Assessment Guidelines. Trip generation estimates were based on the Institute of Transportation Engineer (ITE)’s 9th edition Trip Generation Manual. Trip generation estimates were based on ITE’s Land Use Code (LUC) 221 for Multi-family Residential – Mid-Rise. The project is expected to generate 1,404 unadjusted adt. When adjusted for mode share and pass by trips, the project is expected to generate 1,192 adt (78 vehicle trips occurring in the morning weekday peak and 95 trips occurring in the evening weekday peak). Comments from MassDOT note that trip generation estimates should be based on the 10th edition of ITE’s Trip Generation Manual, however, use of the 9th edition results in a similar number of trips.
The TIA included a capacity analysis for the following intersections in the study area for 2018 Existing, 2015 No-Build and 2025 Build:
• VFW Parkway at Bridge Street and Spring Street (signalized); • U-Turn at VFW Parkway (signalized); • VFW Parkway at Dedham Street (unsignalized); and • VFW Parkway at A Street (unsignalized).
The capacity analysis indicates that the VFW Parkway/Bridge Street/Spring Street intersection is expected to operate at a level of service (LOS) E during the weekday morning peak hour and LOS F during the weekday evening peak hour under 2025 No-Build and Build conditions. While the LOS will not deteriorate, approximately seven and nine seconds of delay are attributed to the project. Comments from MassDOT indicate that Proponent may be required to implement traffic signal timing improvements to return operating conditions to the No-Build level, lane re-striping to create more storage space for the VFW Parkway northbound left-turn/U-turn lane, or implement low-cost improvements from a 2015 Road Safety Audit (RSA) conducted at the VFW Parkway/Bridge Street/ Spring Street. MassDOT comments note that improvements must be consistent with the MassDOT improvement project (#607759) proposed for this intersection.
The project site is served by the Massachusetts Bay Transportation Authority (MBTA) Bus Route 52 which serves Dedham Mall to the south and Watertown Yard to the North via Newton. The nearest
4 EEA# 15907 ENF Certificate October 5, 2018 bus stop for this route is located approximately 2,000 ft to the northeast of the site. Route 36 also serves the VFW Parkway/Bridge Street/ Spring Street intersection westward to MBTA Commuter Rail’s Needham Line stations in West Roxbury and Roslindale and terminating at the MBTA Orange Line’s Forest Hills station. Comments from MassDOT recommend that pedestrian and bicycle mitigation for the project focus on improving resident connections to public transit serving the project area particularly at the VFW Parkway/Bridge Street/Spring Street intersection.
To reduce site trip generation, the TIA includes a Transportation Demand Management (TDM) program. The Proponent details the following TDM measures in the ENF with the goal of reducing vehicle trips by visitors of the project:
• Provision of orientation packets to new residents containing information on available transportation choices, including transit routes/schedules; • Installation of a TransitScreen at the property to display real-time mobility options including trains, buses, and ride-sharing services; • Provision of a website and an annual (or more frequent) newsletter or bulletin summarizing transit, ridesharing, bicycling, and other travel options; • Designation of a transportation coordinator to oversee transportation issues, including parking, service and loading, and deliveries; • Provision of two electric vehicle charging stations within the garage; • Potential provision of up to two ZipCar car-sharing spaces on the site; • Provision of bicycle storage in secure, sheltered area for residents; and • Provision of public-use bicycle racks for visitors placed near building entrances, subject to necessary approvals.
Any proposed mitigation within the state highway layout and all internal site circulation must be consistent with a healthy transportation design approach that provides adequate and safe accommodations for all roadway users, including pedestrians, bicyclists, and public transit riders. Guidance on healthy transportation design is included in the MassDOT Project Development and Design Guide. Where these criteria cannot be met, the Proponent should provide justification, and should work with the MassDOT Highway Division to obtain a design waiver.
Construction
The project must comply with MassDEP’s Solid Waste and Air Pollution Control regulations, pursuant to M.G.L. c.40, s.54. Should oil and/or hazardous materials be identified during construction activities the Town should notify MassDEP in accordance with the Massachusetts Contingency Plan (310 CMR 40.00). All construction activities should be undertaken in compliance with the conditions of all State and local permits.
Conclusion
Based on a review of the ENF and comments received, and in consultation with State Agencies, I have determined that the ENF has sufficiently defined the nature and general elements of the project for the purposes of MEPA review and demonstrated that the project’s environmental impacts will be
5 EEA# 15907 ENF Certificate October 5, 2018 avoided, minimized and/or mitigated to the extent practicable. No further MEPA review is required. The project may proceed to permitting.
October 5, 2018 ______Date Matthew A. Beaton
Comments received:
09/17/2018 Boston Water and Sewer Commission (BWSC) 09/25/2018 Charles River Watershed Association (CRWA) 09/25/2018 Department of Conservation and Recreation (DCR) 09/25/2018 Department of Environmental Protection – Northeast Regional Office (MassDEP-NERO) 09/25/2018 Massachusetts Department of Transportation (MassDOT) 09/25/2018 Massachusetts Water Resources Authority (MWRA) 10/03/2018 Proponent Response to Comments
MAB/EFF/eff
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September 25, 2018
Secretary Matthew A. Beaton Executive Office of Energy and Environmental Affairs Attn: MEPA Office 100 Cambridge St, Suite 900 Boston, MA 02114
RE: Construction of The Parkway Apartments, EEA #15907
Dear Secretary Beaton,
The Charles River Watershed Association (CRWA) has reviewed the above referenced Environmental Notification Form (ENF) and offers the comments below for your consideration. CRWA attended the site visit organized by EOEEA on September 18th to learn more about the project and its potential impacts.
CRWA is pleased to see that the proposed project will comply with the Massachusetts Department of Environmental Protection’s (DEP’s) Stormwater Management Standards, including improving water quality by using deep sump catch basins and planning to infiltrate the first inch of runoff. However, there is no information in the ENF about what types of stormwater infiltration systems will be used. This is concerning, as the project plans to increase the impervious area by 1.86 acres, more than doubling the existing impervious area, and, therefore, volume of stormwater runoff generated.
In addition, it is very concerning that the ENF does not mention the goal of complying with the Total Maximum Daily Load (TMDL) reduction for phosphorous in the Middle Charles River, which is 65% reduction for high density residential land use. While the plan mentions a rain garden, it is unclear how much phosphorous treatment it will provide relative to the overall project. CRWA expects to see appropriate documentation of the design of the infiltration systems that will be used and corresponding drainage calculations in the Draft Environmental Impact Report or as a supplemental filing.
Please feel free to contact me at (781) 788-0007 x228 or via email, [email protected] if you have any questions or additional information to share.
Sincerely,
Lisa L. Kumpf Rita Barron Fellow, CRWA
Charles D. Baker Matthew A. Beaton Governor Secretary
Karyn E. Polito Martin Suuberg Lieutenant Governor Commissioner
September 25, 2018
Matthew A. Beaton, Secretary RE: Boston Executive Office of The Parkway Apartments Energy & Environmental Affairs 1507 VFW Parkway 100 Cambridge Street EEA # 15907 Boston MA, 02114
Attn: MEPA Unit
Dear Secretary Beaton:
The Department of Environmental Protection has reviewed the Environmental Notification Form, ENF, submitted by Lincoln Parkway, LLC, for the proposed Parkway Apartments located in the West Roxbury neighborhood of Boston on a 4.6-acre site. The Project site includes 258 units of residential apartments in two detached, four-story buildings on either side of A Street along with a five-level parking garage that will provide 387 parking spaces with a main connection to the VFW Parkway. The MassDEP provides the following comments.
Wetlands
The ENF states that compensatory flood storage will be provided on an incremental basis for proposed filling within the 100-year floodplain (Bordering Land Subject to Flooding). No details are included. The location and elevations of compensatory flood storage, along with a cut and fill table, should be provided in the Notice of Intent in order to show that the performance standards contained in 310 CMR 10.57 are being met. The ENF also states that the stormwater standards will be fully met; it is MassDEP’s expectations that a full analysis and calculations will be part of the NOI filing.
This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper The Parkway Apartments EEA # 15907
The MassDEP appreciates the opportunity to comment on this proposed project. Please contact [email protected] , at (978) 694-3258 for further information on wetlands issues. If you have any general questions regarding these comments, please contact me at [email protected] or at (978) 694-3304.
Sincerely,
John D. Viola Deputy Regional Director
cc: Brona Simon, Massachusetts Historical Commission Rachel Freed, MassDEP-NERO
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October 3, 2018
PRINCIPALS Erin Flaherty Executive Office of Energy & Environmental Affairs Theodore A Barten, PE 100 Cambridge Street, Suite 900 Margaret B Briggs Boston, MA 02114 Dale T Raczynski, PE Cindy Schlessinger Subject: The Parkway Apartments ENF Comment Responses Lester B Smith, Jr Robert D O’Neal, CCM, INCE Dear Ms. Flaherty: Andrew D Magee Michael D Howard, PWS We are responding to questions raised in the comment letters by the Charles River Douglas J Kelleher Watershed Association, Massachusetts Department of Environmental Protection AJ Jablonowski, PE (MassDEP), Boston Water and Sewer Commission (BWSC) and the Department of Stephen H Slocomb, PE Conservation and Recreation. David E Hewett, LEED AP Charles River Watershed Association Dwight R Dunk, LPD David C. Klinch, PWS, PMP Comment: What types of stormwater infiltration systems will be use. Maria B. Hartnett Response: The Project is proposing two subsurface infiltration structures with capacity to handle the first 1.25” of runoff from impervious areas. Structure locations are ASSOCIATES proposed under the open space areas on southerly side of Project site. Stormwater runoff from paved areas will be directed to a pretreatment BMP prior to entering the Richard M. Lampeter, INCE infiltration systems. Geoff Starsiak, LEED AP BD+C Marc Bergeron, PWS, CWS Comment: Provide phosphorous treatment documentation in stormwater design.
Response: The Project will meet the phosphorus load reduction of 65% to comply with the TMDL of the Middle Charles River. Additional documentation will be provided as part of the Notice of Intent (NOI) submission.
3 Mill & Main Place, Suite 250 MassDEP Maynard, MA 01754 www.epsilonassociates.com Comment: No details of the compensatory flood storage are included.
978 897 7100 Response: Details of the compensatory flood storage will be provided in the NOI FAX 978 897 0099 submission to show that the performance standards of 310 CMR 10.57 are being met. Erin Flaherty 2 Executive Office of Energy & Environmental Affairs October 3, 2018
Comment: MassDEP expects a full analysis and calculations will be part of the NOI filing:
Response: The Project will meet all the submission requirements for an NOI filing including the stormwater management report with analysis and calculations.
MWRA
Comment: It is not clear which storm drain system the Proponent intends to tie into for conveyance of pavement and excess stormwater runoff from the Project site.
Response: The Project intends to tie into the existing storm drain system serving the Project site.
DCR
Comment: Buildings constructed in A zones will be required to comply with the provisions of the State Building Code, 9th Edition, Section 1612 and ASCE 24-14.
Response: The building will be designed in conformance with IBC 2015 Section 1612 Flood Loads as amended by Massachusetts State Building Code, Ninth Edition, Base Volume, 780 CMR Sections 1612.1 and 1612.4 Design and Construction that refers to tables in ASCE 24 Flood Resistant Design and Construction. Please note that the Base Flood Elevation is 90 and the lowest floor elevation in the project is at 95 in the garage while the residential ground floor elevation is at 98.5 (8.5’ higher than the BFE).
Please do not hesitate to contact me if you have any further questions.
Sincerely, EPSILON ASSOCIATES, INC.
Talya Moked Project Planner
Cc: John Noone, Lincoln Parkway LLC Daniel Gaquin, Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C.