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April 24, 2020 Steven B. Samuels S&A P-12 Property LLC c/o Samuels & Associates 136 Brookline Avenue Boston, MA 02115 Dear Mr. Samuels: Please find attached the joint Massachusetts Department of Transportation/Massachusetts Bay Transportation Authority’s M.G.L. Chapter 30, Section 61 Finding (“Finding”) for the Parcel 12 Project (EEA #16011) in Boston. MassDOT and the MBTA have reviewed the Project as part of the state environmental review process and concluded that the committed on-site and off-site improvements will mitigate the Project’s transportation impacts and satisfy their requirements for the issuance of related licenses and/or permits. Upon satisfactory design review of these improvements, MassDOT will issue a permit for the construction and/or modification of site highway access and associated off-site improvements; the MBTA will issue all necessary approvals and licenses to implement modifications or operate on MBTA properties. The Finding will be incorporated into the MassDOT permits to be issued and the Air Rights Lease of Parcel 12 to be executed for this Project. If you have any questions regarding the Finding, please call J. Lionel Lucien, P.E., Manager of the Public/Private Development Unit, at (857) 368-8862. Sincerely, Jonathan Gulliver, Administrator Highway Division Steve Poftak, General Manager MBTA JG/djm Ten Park Plaza, Suite 4160, Boston, MA 02116 Tel: 857-368-4636, TTY: 857-368-0655 www.mass.gov/massdot Boston – Parcel 12 Page 2 04/24/20 cc: David Mohler, Executive Director, Office of Transportation Planning Patricia Leavenworth, P.E., Chief Engineer, Highway Division Neil Boudreau, Assistant Administrator of Traffic and Safety Engineering John McInerney, P.E., District 6 Highway Director Tori Kim, MEPA Director Mark Boyle, Massachusetts Bay Transportation Authority Boston Planning & Development Agency Metropolitan Area Planning Council Public/Private Development Unit files MASSACHUSETTS DEPARTMENT OF TRANSPORTATION FINDING PURSUANT TO M.G.L. CHAPTER 30, SECTION 61 PROJECT NAME: Parcel 12 PROJECT LOCATION: Boston PROJECT PROPONENT: S&A P-12 Property LLC (together with its permitted successors and assigns, the “Proponent”) EEA NUMBER: 16011 I. Project Description Full-build of the proposed project involves the construction and occupancy of a mixed- use redevelopment project (Project) consisting of one new office building, and one new building that could be either residential or hotel use,1 rising from a podium base with first and second- story retail and restaurant space fronting Massachusetts Avenue and Boylston Street, comprising up to approximately 657,000 square feet (sf). The development will include up to approximately: 435,000 sf of commercial office use; 152,000 sf of residential or hotel use; 55,000 sf of retail use on the first and second floors; Below-grade parking for up to 150 vehicles; and A designated loading area. The Project will also improve access to the existing Hynes Station on the east side of Massachusetts Avenue by constructing a new accessible, freestanding headhouse on the Project site that provides a weather-protected connection to Hynes Station from the west side of Massachusetts Avenue. The Project will also renovate the currently closed pedestrian tunnel. The Project site comprises an approximately 1.81-acre site, which includes 0.89 acres of air rights (MassDOT Air Rights Parcel 12). The site is adjacent to the MBTA Hynes Convention Center Green Line station. The site is bounded on the western side of Massachusetts Avenue, Newbury Street to the north and Boylston Street to the south. The project site currently consists of a paved surface parking lot along its southwestern edge along Boylston Street, the Massachusetts Turnpike (I-90) Westbound On-Ramp, I-90 and railroad tracks serving the MBTA Framingham/Worcester Commuter Rail service. The proposal calls for the razing of all physical, non-transportation structures and, as described below, and the realignment of the I-90 Westbound On-Ramp. 1 Depending on economic conditions and market opportunities, the second building could include residential or hotel uses. The environmental analyses herein use the larger residential building massing, and the hotel use. Boston – Parcel 12 Page 2 04/24/2020 The Proponent will apply to MassDOT for a Non-Vehicular Access Permit under M.G.L. c. 81, § 21 for work within the I-90 state highway layout. The project also requires a license from the MBTA and compliance with MGL C. 40, Section 54A from MassDOT. The MassDOT and MBTA work and access permits and licenses shall be incorporated into the Air Rights Lease of Parcel 12 (the “Lease”) to be executed between MassDOT and the Proponent. The Lease and/or access permits and licenses will include disincentive assessments for failure to comply with road closure and railroad right-of-way timeframes, and the Proponent’s failure to comply with the terms of the MassDOT and MBTA work permit, access permits or licenses shall be an event of default under the Lease. II. MEPA History The Proponent prepared and submitted, pursuant to M.G.L. c. 30, § 61 and 62A-H of the Massachusetts Environmental Policy Act (MEPA) and its implementing regulations (301 CMR 11.00), an Expanded Environmental Notification Form (EENF) (April 24, 2019) and a Single Environmental Impact Report (SEIR) (September 20, 2019). On September 27, 2019, the Secretary of EEA issued a Certificate stating that the SEIR adequately and properly complied with MEPA and its implementing regulations. MassDOT and the MBTA have reviewed and commented on the above MEPA submissions and have considered the comments of various parties on the EENF and SEIR, in connection with the permit and/or license applications to be submitted by the Proponent. This Section 61 Finding is based upon information disclosed and discussed in the MEPA review process. III. Overall Project Traffic Impacts Full-build occupancy of the mixed-use project is expected to generate approximately 10,488 (5,244 entering and 5,244 exiting) unadjusted daily vehicle trips based on ITE’s Trip Generation Manual, 10th Edition. Once mode shares are applied, the Project is anticipated to generate approximately 3,650 (1,825 entering and 1,825 exiting) adjusted daily vehicle trips, including 212 (170 entering and 42 exiting) morning peak hour vehicle trips, and 294 (94 entering and 200 exiting) evening peak hour vehicle trips. MassDOT has assessed the impacts of this anticipated traffic load on the surrounding regional roadway network based upon information set forth in the EENF and the SEIR. In the absence of mitigating transportation improvements, project-related traffic would be expected to have generally detrimental operational and safety impacts in a number of primary areas. These include: the Boylston Street/Site Driveway intersection; the Commonwealth Avenue/Charlesgate West intersection; the Commonwealth Avenue/Charlesgate East intersection; the Boylston Street/Charlesgate intersection; Boston – Parcel 12 Page 3 04/24/2020 the Boylston Street/Fenway intersection; the Boylston Street/Ipswich Street/Hemenway Street intersection; the Massachusetts Avenue/Commonwealth Avenue intersection; the Massachusetts Avenue/Newbury Street/I-90 Westbound On-Ramp intersection; the Massachusetts Avenue/Boylston Street intersection; the Massachusetts Avenue/Belvidere Street intersection; the Massachusetts Avenue/Westland Avenue/St. Stephen Street/Falmouth Street intersection; the Massachusetts Avenue/Huntington Avenue intersection; the Boylston Street/Dalton Street/Hereford Street intersection; and the Newbury Street/Hereford Street. The specific traffic impacts at each of these locations and the mitigation measures required to address them are detailed in Part IV and Part VI of this Finding. IV. Specific Project Impacts and Mitigation Measures MassDOT has analyzed the operational and safety impacts in the affected roadway network due to the proposed mixed-use project and has determined that the mitigation measures outlined below are required to minimize the traffic impacts of this project. Based on discussions with MassDOT, the Proponent has committed to undertake the following mitigation measures in cooperation with the identified parties: Boylston Street/Site Driveway Intersection The 2025 Build with traffic mitigation scenario indicates that Levels of Service (LOS) for the southbound Site Driveway movement at this new unsignalized intersection will operate at LOS B/B (Average Delay = 12.4/13.4 seconds) during the weekday AM/PM peak hours. This intersection is not under MassDOT jurisdiction. If necessary, the determination of the detailed design and construction of this intersection should be made between the Proponent and the City of Boston. Beacon Street/Charlesgate West/Bay State Road Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels D/E (Average Delay = 38.5/63.8 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels D/E (Average Delay = 39.0/63.5 seconds) during the weekday AM/PM peak hours. This intersection is not under MassDOT jurisdiction. If necessary, the determination of appropriate mitigation measures at this intersection should be made between the Proponent and the City of Boston. Boston – Parcel 12 Page 4 04/24/2020 Commonwealth Avenue/Charlesgate West Intersections Commonwealth Avenue Westbound/Charlesgate West Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels A/A (Average Delay = 9.6/7.9 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels A/A (Average Delay = 9.7/7.9 seconds) during the weekday AM/PM peak hours. Commonwealth Avenue Eastbound/Charlesgate West Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels B/B (Average Delay = 14.8/13.0 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels B/B (Average Delay = 15.3/13.1 seconds) during the weekday AM/PM peak hours.