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The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900

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The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D. Baker GOVERNOR Karyn E. Polito LIEUTENANT GOVERNOR Tel: (617) 626-1000 Kathleen A. Theoharides Fax: (617) 626-1181 SECRETARY http://www.mass.gov/eea May 7, 2021 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : Parcels O&P in the Raymond L. Flynn Marine Park PROJECT MUNICIPALITY : Boston PROJECT WATERSHED : Boston Harbor EEA NUMBER : 16350 PROJECT PROPONENT : MCP III Foundry, LLC DATE NOTICED IN MONITOR : April 17, 2021 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 consists of the redevelopment of two parcels of land separated by a roadway in the Raymond L. Flynn Marine Park (RLFMP). Project activities on the eastern lot, known as Parcel O, include demolition of 46,000-square foot (sf) building and a one-story 700-sf building, construction of a 151.5-ft high, 219,000-sf building with lab/research and development (R&D), and reconstruction of an existing 96-space parking lot to provide 89 parking spaces. An existing 12,700-sf building on the western lot, known as Parcel P, will be renovated to provide 9,000 sf of amenity space for tenants of the lab/R&D building and seven parking spaces. The project includes construction of a new stormwater management system and streetscape improvements, including a widened sidewalk and street trees. Project Site The 2.64-acre project site consists of Parcel O (68,384 sf or 1.6 acres), Parcel P (24,280 sf or 0.55 acres) and the approximately 0.5-acre Au Bon Pain Way between the two parcels. The site is bordered to the north by Fid Kennedy Avenue, to the east by Capstan Way, to the west by Anchor Way EEA# 16350 ENF Certificate May 7, 2021 and to the south by the Ship Repair Dry Dock #3. The parcels are located within the RLFMP, which is owned by the Boston Planning and Development Agency (BPDA) and Economic Development and Industrial Corporation’s (EDIC) 1. The building on Parcel O was formerly used as a bakery and is now vacant. The Parcel P building is currently use by a steel products manufacturer. The entire site is located on filled Commonwealth Tidelands subject to jurisdiction by the Massachusetts Department of Environmental Protection (MassDEP) Waterways Regulation Program (WRP) pursuant to Chapter 91 (c.91) and the Waterways Regulations (310 CMR 9.00). The site is also located in the South Boston Designated Port Area (DPA), one of ten areas established by the Commonwealth where water-dependent industrial activity is promoted through state funding, planning, policy, and regulation. As shown on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) (number 25025C0082J, effective date March 16, 2016), the entire project site is located within the 100-year floodplain (Zone AE) with a Base Flood Elevation (BFE) of 10 ft North American Vertical Datum of 1988 (NAVD 88). The entirety of the site is mapped as Land Subject to Coastal Storm Flowage (LSCSF). Approximately 2.51 acres of the site are covered by impervious surfaces. The site is located within the South Boston Naval Annex/Boston Army Supply Base area (MHC# BOS.RT), which is included in the Massachusetts Historical Commission’s (MHC) Inventory of Historic and Archaeological Assets of the Commonwealth (Inventory) and eligible for listing in the National Register of Historic Places. The building on Parcel O was historically known as Building 29/Dispensary and Fire Station (BOS.12963) and the building on Parcel P was known as Building 14/McDonald Steel (BOS.12944). According to MHC, the existing buildings are non-contributing resources to the South Boston Naval Annex and the project will have “no adverse effect” on the South Boston Naval Annex. Environmental Impacts and Mitigation Potential environmental impacts associated with the project include generation of 2,910 average daily trips (adt), including 2,608 new adt; alteration of approximately of 2.6 acres of LSCSF; use of 18,801 gallons per day (gpd) of water; and generation of 17,100 gpd of wastewater. Greenhouse Gas (GHG) emissions and other air pollutants are associated with the burning of fossil fuels for on-site energy use and automobile travel by employees and visitors to the site. The project is a nonwater- dependent industrial use within the DPA. The project will generate revenue for the BPDA/EDIC that will be used to promote water- dependent industrial uses in the RLFMP. Measures to avoid, minimize and mitigate impacts include implementation of Transportation Demand Management (TDM) measures such as encouraging use of public transit and other alternate modes of travel. The project will provide an enhanced streetscape with widened sidewalks and a new stormwater management system with Best Management Practices (BMPs) to improve water quality, reduce flow rates, and infiltrate stormwater. The project will employ measures to conserve water and contribute to Infiltration/Inflow (I/I) reduction to preserve sewer capacity. The project will mitigate GHG emissions by incorporating energy efficiency measures into the building design and incorporate climate change resiliency measures. 1 The RLFMP was formerly known as the Boston Marine Industrial Park (BMIP). 2 EEA# 16350 ENF Certificate May 7, 2021 Jurisdiction and Permitting The project is undergoing MEPA review and requires preparation of an ENF pursuant to 301 CMR 11.03(3)(b)(1)(f) and 301 CMR 11.03(6)(b)(13) because it requires Agency Actions and will alter one-half acre of wetlands (LSCSF) and will generate 2,000 or more adt on roadways providing access to a single location. The project requires a Minor Revision of the c. 91 Master License from MassDEP and a Sewer Use Discharge Permit from the Massachusetts Water Resources Authority (MWRA). This filing is intended to be consistent with anticipated procedures for review of individual development parcels under the City’s Final Master Plan Update (FMPU) for the RLFMP. The project requires an Order of Conditions from the Boston Conservation Commission (or in the case of an appeal, a Superseding Order of Conditions from MassDEP). It requires Article 80 Large Project Review Approval by the BPDA and a Transportation Access Plan Agreement (TAPA) and Construction Management Plan approval from the Boston Transportation Department (BTD). The project may require a determination of no hazard to air navigation related to construction cranes from the Federal Aviation Administration (FAA). It will require a National Pollutant Discharge Elimination System (NPDES) Stormwater General Permit from the United States Environmental Protection Agency (EPA). The project requires a land transfer in the form of a ground lease from the BPDA/EDIC. The BPDA was created as an authority under G.L. c. 121B, s. 4, and was merged with the EDIC in 1993 to undertake City-wide development activities. The Proponent submitted information suggesting that the 1993 merger between EDIC and BPDA did not allow for actions of the EDIC to be construed as actions of the BPDA (and vice versa), and that these entities therefore should be treated as distinct for purposes of determining the scope of MEPA jurisdiction.2 The Proponent argues the EDIC does not fit the definition of “Agency” in the MEPA statute, and that since it is technically the EDIC that will be entering into leases for development of the RLFMP, these leases do not qualify as Land Transfers triggering MEPA jurisdiction. I do not find it necessary to resolve this legal question, since the BPDA/EDIC will require a c. 91 Master License from MassDEP for development of projects in the RLFMP located on tidelands, and individual development parcels will be reviewed under review procedures to be set forth as part of the upcoming FMPU. Because c. 91 jurisdiction extends to all parcels subject to the c. 91 Master License, including the entire project site, MEPA jurisdiction for is broad and extends to those aspects of each project that are likely, directly or indirectly, to cause Damage to the Environment. Review of the ENF The ENF included a project description and plans of existing and proposed conditions. It identified environmental resources and potential impacts and included analyses of the project’s transportation and GHG impacts. Alternatives Analysis The ENF documented environmental impacts associated with the industrial and commercial uses that occupy or formerly occupied the existing buildings, including a bakery and steel products 2 This information was provided on April 20, 2021 in two emails from Ken Fields to Alex Strysky and on April 23, 2021 in an email from Richard Rudman to Alex Strysky. 3 EEA# 16350 ENF Certificate May 7, 2021 manufacturing. Continuation of these uses under the No Build Alternative would generate 302 adt, use 4,313 gpd of water and generate 3,912 gpd of wastewater; however, both buildings are currently vacant and do not generate these impacts. The site is almost entirely impervious, with runoff conveyed from the site through a stormwater management system that lacks BMPs. The ENF reviewed a Design Alternative that would demolish all buildings on the site and construct a five-story, 215,000-sf lab/R&D building with a footprint of 43,000 sf. Au Bon Pain Way, which separates the two parcels, would be discontinued and the building would be constructed in the center of the site, extending across both parcels and the roadway.
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