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.

These intersections are not under MassDOT jurisdiction. If necessary, the determination of appropriate mitigation measures at these intersections should be made between the Proponent and the City of Boston.

Commonwealth Avenue/Charlesgate East Intersections

Commonwealth Avenue WB/Charlesgate East Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels B/C (Average Delay = 16.7/21.4 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels B/C (Average Delay = 16.8/21.5 seconds) during the weekday AM/PM peak hours.

Commonwealth Avenue EB/Charlesgate East/Newbury Street Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels C/B (Average Delay = 20.5/19.9 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels C/C (Average Delay = 20.7/21.6 seconds) during the weekday AM/PM peak hours.

These intersections are not under MassDOT jurisdiction. If necessary, the determination of appropriate mitigation measures at these intersections should be made between the Proponent and the City of Boston.

Boylston Street/Charlesgate Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels E/E (Average Delay = 60.5/59.3 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels E/E (Average Delay = 65.3/69.0 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 5 04/24/2020

Boylston Street/Fenway Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels D/C (Average Delay = 37.7/33.2 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels D/C (Average Delay = 36.7/32.6 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.

Boylston Street/Ipswich Street/Hemingway Street Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels C/C (Average Delay = 28.4/26.2 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels C/C (Average Delay = 27.4/25.0 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.

Massachusetts Avenue/Commonwealth Avenue Intersections

Massachusetts Avenue/Commonwealth Avenue WB 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 = 17.1/15.4 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels B/B (Average Delay = 17.2/15.6 seconds) during the weekday AM/PM peak hours.

Massachusetts Avenue/Commonwealth Avenue EB Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels B/C (Average Delay = 19.0/21.1 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels B/C (Average Delay = 19.3/22.6 seconds) during the weekday AM/PM peak hours.

These intersections are not under MassDOT jurisdiction. If necessary, the determination of mitigation measures at these intersections should be made between the Proponent and the City of Boston.

Newbury Street/Massachusetts Avenue/I-90 (Mass Pike) Westbound On-Ramp Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels C/D (Average Delay = 22.8/42.2 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels C/D (Average Delay = 24.5/53.8 seconds) during the weekday AM/PM peak hours.

Boston – Parcel 12 Page 6 04/24/2020

See Section VI. Other Mitigation Measures (I-90 Westbound On-Ramp Realignment) for mitigation measures at this intersection.

Newbury Street/Hereford Street Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for the northbound Hereford Street through movement at this unsignalized intersection will be at Levels A/A (Average Delay = 8.4/9.2 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this movement will be at Levels A/B (Average Delay = 8.8/10.6 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.

Massachusetts Avenue/Boylston Street Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels C/C (Average Delay = 27.4/32.7 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels C/D (Average Delay = 29.1/36.0 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.

Boylston Street/Dalton Street/Hereford Street Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels E/E (Average Delay = 57/76.3 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels E/F (Average Delay = 62.3/90.7 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.

Massachusetts Avenue/Belvidere Street/Haviland Street Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels B/C (Average Delay = 13/21.1 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels B/C (Average Delay = 13.7/21.3 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 7 04/24/2020

Massachusetts Avenue/Westland Street/St. Stephen Street Intersection

For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for this signalized intersection will be at Levels C/C (Average Delay = 21.6/28.3 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels C/C (Average Delay = 21.6/28.5 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.

Massachusetts Avenue/Huntington Street Intersections

Massachusetts Avenue/Huntington Street WB Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for the Massachusetts Avenue/Huntington Street westbound approach of this signalized intersection will be at Levels E/F (Average Delay = 75.2/84.5 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels E/F (Average Delay = 79.7/100.2 seconds) during the weekday AM/PM peak hours.

Massachusetts Avenue/Huntington Street EB Intersection For the 2025 No-Build scenario, weekday AM/PM peak hour LOS for the Massachusetts Avenue/Huntington Street eastbound approach of this signalized intersection will be at Levels B/B (Average Delay = 13.2/12.6 seconds). The 2025 Build without traffic mitigation scenario indicates that LOS for this intersection will be at Levels B/B (Average Delay = 13.4/12.7 seconds) during the weekday AM/PM peak hours.

These intersections are not under MassDOT jurisdiction. If necessary, the determination of mitigation measures at these intersections should be made between the Proponent and the City of Boston.

V. Overall Impacts – MBTA Transit System

Full Build occupancy of the Project is expected to generate 4,010 (2,005 entering, 2,005 exiting) daily transit trips, 276 (231 entering, 45 exiting) morning peak hour transit trips, and 389 (106 entering, 283 exiting) evening peak hour transit trips. Approximately 70 percent of the transit trips are expected to be made via subway (Green Line) and 30 percent are expected to be by key bus routes.

The MBTA has assessed the impacts of this anticipated transit load on the surrounding transit infrastructure based upon information furnished in the MEPA documentation. The Proponent has committed to taking a multimodal approach to managing the expected number of employee, visitor and resident trips to the Project Site, and to attain mode share credits used in the transportation analysis. Public transit access to the Project via the MBTA’s Green Line is a key component of the Project’s transportation strategy to maximize resident and employee uses of public transit modes. In order to preserve service and capacity on the MBTA Green Line and the Routes 1, 55, and CT1 bus routes, the Proponent has analyzed the project’s impacts on the Boston – Parcel 12 Page 8 04/24/2020 transit system, identified recommendations to mitigate these impacts, and committed to design, fund, or identify funding to implement certain elements of the mitigation program. These impacts and the mitigation measures are further described below:

MBTA Green Line- Hynes Convention Center

In the No Build (2025) Condition, Green Line Inbound Entering/Exiting the Hynes Convention Center Station is expected to operate with a volume to capacity ratio (V/C) of 0.58/0.59 during the weekday AM peak hour and Green Line Inbound Entering/Exiting the Hynes Convention Center Station is expected to operate with V/C of 0.56/0.60 during the PM peak hour. In the No Build (2025) Condition, Green Line Outbound Entering/Exiting the Hynes Convention Center Station is expected to operate with V/C of 0.44/0.38 during the weekday AM peak hour and Green Line Outbound Entering/Exiting the Hynes Convention Center Station is expected to operate with V/C of 0.74/0.72 during the PM peak hour.

In the Build (2025) Condition, Green Line Inbound Entering/Exiting the Hynes Convention Center Station is expected to operate with V/C of 0.60/0.59 during the weekday AM peak hour and Green Line Inbound Entering/Exiting the Hynes Convention Center Station is expected to operate with V/C of 0.56/0.62 during the PM peak hour. In the Build (2025) Condition, Green Line Outbound Entering/Exiting the Hynes Convention Center Station is expected to operate with V/C of 0.45/0.38 during the weekday AM peak hour and Green Line Outbound Entering/Exiting the Hynes Convention Center Station is expected to operate with V/C of 0.75/0.74 during the PM peak hour.

MBTA Route 1 Bus

In the No Build (2025) Condition, the Route 1 Bus Inbound Entering\Exiting the Project Site is expected to operate with V/C of 0.94/0.66 during the weekday AM peak hour and the Route 1 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.89/0.74 during the PM peak hour. In the No Build (2025) Condition, the Route 1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.67/0.81 during the weekday AM peak hour and the Route 1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.65/0.88 during the PM peak hour.

In the Build (2025) Condition, the Route 1 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 1.05/0.67 during the weekday AM peak hour and the Route 1 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.93/0.79 during the PM peak hour. In the Build (2025) Condition, the Route 1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.70/0.83 during the weekday AM peak hour and the Route 1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.68/1.00 during the PM peak hour.

MBTA Route 55 Bus

In the No Build (2025) Condition, the Route 55 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.77/0.81 during the weekday AM peak hour and the Route 55 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.16/0.15 during the PM peak hour. In the No Build (2025) Condition, the Route 55 Bus Boston – Parcel 12 Page 9 04/24/2020

Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.16/0.20 during the weekday AM peak hour and the Route 55 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.27/0.34 during the PM peak hour.

In the Build (2025) Condition, the Route 55 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.78/0.81 during the weekday AM peak hour and the Route 55 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.16/0.15 during the PM peak hour. In the Build (2025) Condition, the Route 55 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.16/0.20 during the weekday AM peak hour and the Route 55 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.27/0.35 during the PM peak hour.

MBTA Route CT1 Bus

In the No Build (2025) Condition, the Route CT1 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.60/0.56 during the weekday AM peak hour and the Route CT1 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.32/0.26 during the PM peak hour. In the No Build (2025) Condition, the Route CT1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.35/0.57 during the weekday AM peak hour and the Route CT1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.35/0.46 during the PM peak hour.

In the Build (2025) Condition, the Route CT1 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.66/0.57 during the weekday AM peak hour and the Route CT1 Bus Inbound Entering/Exiting the Project Site is expected to operate with V/C of 0.34/0.29 during the PM peak hour. In the Build (2025) Condition, the Route CT1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.36/0.59 during the weekday AM peak hour and the Route CT1 Bus Outbound Entering/Exiting the Project Site is expected to operate with V/C of 0.36/0.52 during the PM peak hour.

To improve existing conditions and accommodate the additional ridership associated with the project, the Proponent has identified the following improvements: The Project also improves future access to the existing Hynes Station on the east side of Massachusetts Avenue by constructing a new headhouse on the project site.

The existing underground pedestrian connection from the Massachusetts Avenue bus shelter to the Hynes Station, which is currently closed, will be renovated. The MBTA working with other parties will be responsible for its opening at a later date.

A new bus shelter will be constructed along Massachusetts Avenue, as will a dedicated bicycle lane (in a cycle track configuration) for southbound travelers. A designated pick-up/drop-off area is planned for a section of the site’s frontage along Massachusetts Avenue, south of the new bus stop.

The design of these improvements on Massachusetts Avenue will not preclude the Boston Transportation Department (BTD) from implementing future and additional bus rapid transit improvements on Massachusetts Avenue. Boston – Parcel 12 Page 10 04/24/2020

There are no additional feasible means to avoid or minimize the project’s transit impacts on the MBTA Green Line or MBTA Bus Routes 1, 55, and CT1 that the Proponent could be required to implement.

VI. Other Mitigation Measures

I-90 Westbound On-Ramp Realignment

MassDOT, in close coordination with the Proponent and BTD, is planning to realign the I-90 Westbound On-Ramp to alleviate long-standing operational and safety deficiencies. These improvements are shown on conceptual plans included in the EENF entitled "Proposed Conditions Plan, Figure 1.8 Air Rights Parcel 12," dated April, 2019, prepared and submitted to MassDOT on behalf of the Proponent by VHB.

These improvements include the realignment of the I-90 Westbound On-Ramp approximately 150 feet to the west by shifting it away from Massachusetts Avenue. The ramp realignment improvement project will create the opportunity for a comprehensive reconfiguration of the Massachusetts Avenue corridor, the Newbury Street and Massachusetts Avenue intersection and the ramp to improve sight lines, create additional ramp length, and address safety issues at this intersection. Realigning the I-90 Westbound On-Ramp will simplify the existing configuration of the intersection and will allow the narrowing of the existing crossing from 70 feet to approximately 30 feet, improving pedestrian, bicyclist and driver safety, and resulting in a substantially improved urban design. The proposed shift of the I-90 Westbound On-Ramp to the west will also result in an extension of the street wall from Massachusetts Avenue along Newbury Street, reducing the visual, physical and commercial impacts of the highway and the on-ramp on the end of Newbury Street.2

To assist MassDOT, the Proponent has agreed to prepare and submit a justification report and other documentation necessary for submission of these improvements to the MassDOT Project Review Committee (PRC). The Proponent has agreed to submit this information to the MassDOT District #6 Office upon request following the issuance of this Finding. Upon approval of these improvements by the PRC, the Proponent has agreed to prepare and submit to MassDOT acceptable 100 percent plans, specifications, and estimates (PS&E) for these improvements. The Proponent will subsequently construct these improvements prior to site occupancy of the Project.

There are no additional feasible means to avoid or minimize the project’s traffic impacts at this location that the Proponent could be required to implement.

2 The realignment of the I-90 Westbound On-Ramp will not, by itself, generate any new vehicle trips, and will not result in any new land alteration. Including the I-90 Westbound On- Ramp realignment, the Project will result in a net increase of 0.63 acres of impervious area. The proposed realignment of the I-90 Westbound On-Ramp will provide a set of important improvements to acceleration length, sight distance and pedestrian and cyclist safety compared to existing conditions. Boston – Parcel 12 Page 11 04/24/2020

Pedestrian Improvements:

The Proponent will renovate the currently closed Hynes Station pedestrian tunnel under Massachusetts Avenue, and construct a new accessible, freestanding headhouse that provides a weather-protected connection to Hynes Station from the west side of Massachusetts Avenue. The MBTA will work with other parties to reopen this pedestrian connection, which will significantly improve access to Hynes Station, and improve public safety within the district.

The Proponent shall obtain all Project approvals including without limitation, all work permits and highway access permits and licenses and other approvals from MassDOT and MBTA, as applicable, and the Proponent shall obtain MassDOT and/or MBTA’s approval of all design documents, construction plans, construction management plans and construction schedules.

All construction sequencing, traffic management plans, lane closures, construction staging and construction plans involving use of, or impact on, any MassDOT operations or facility shall be subject to the approval by the Highway Administrator or his designee.

All construction sequencing, railroad closures, construction staging and construction plans involving use of, or impact on, any commuter rail operation or MBTA facility shall be subject to the approval by the General Manager or his designee.

The Project will provide new, wider sidewalks along the Project’s frontage on Boylston Street and Massachusetts Avenue. Wider sidewalks will support the expected increase in pedestrian activity, and moreover, will help create a more favorable environment for people walking and cycling through the area. The existing underground pedestrian connection from the Massachusetts Avenue bus shelter to the Hynes Station, which is currently closed, will be renovated. A new bus shelter will be constructed on Massachusetts Avenue, as will a dedicated bicycle lane (in a cycle track configuration) for southbound travelers. A designated pick-up/drop- off area is planned for a section of the site’s frontage along Massachusetts Avenue, south of the improved bus stop. The design of these improvements on Massachusetts Avenue will not preclude the BTD from implementing future and additional bus rapid transit improvements on Massachusetts Avenue.

Bicycle Improvements

On Massachusetts Avenue, a dedicated bicycle lane (in a cycle track configuration) will be constructed along the roadways west side for southbound travelers.

On Boylston Street, the Proponent has developed an engineering plan that creates a westbound raised cycle track along the Project frontage that will transition to an on-street bicycle lane once it reaches the Project Site’s western limits. This improvement will also be constructed as part of the Project.

Police Detail

The Proponent will provide a police detail at the site’s Boylston Street driveway during the afternoon for an initial 12-month period following the completion and occupancy of the site. Boston – Parcel 12 Page 12 04/24/2020

The detail’s purpose shall be to assist drivers exiting from the site onto Boylston Street and to help manage queues that form from the adjacent intersections. The effectiveness of this police officer control will be monitored by the Proponent and in consultation with the BTD, a decision will be made on the value of continuing to have an officer present.

Road Safety Audits

The Proponent has identified three (3) locations (Massachusetts Avenue/Commonwealth Avenue intersection, Massachusetts Avenue/Newbury Street/I-90 Westbound On-Ramp intersection, and the Commonwealth Avenue/Charlesgate intersections (four intersections), which qualify for the road safety audit (“RSA”) process. The Proponent will continue to work with MassDOT to assess these intersections and determine the schedule for the audits. As of the issuance of this Section 61 Finding, the RSAs are still in process; however, the Proponent has committed to implementing appropriate mitigation measures reasonably requested by MassDOT from the RSA process. MassDOT will amend the Section 61 Finding to reflect the details of the RSAs mitigation commitment once they are completed.

Construction Management Plans

The Proponent will develop a detailed evaluation of potential short-term construction- related transportation impacts including construction vehicle traffic, parking supply and demand, and pedestrian access. Detailed Construction Management Plans (“CMP”) will be developed and submitted to the BTD, MassDOT, and the MBTA for their approval, and the Proponent will work closely with the MBTA to address any construction-related impacts on railroad operations and infrastructure. These plans will detail construction vehicle routing, staging, and lane closures that will require both BTD and MassDOT approvals.

Construction vehicles will be necessary to move construction materials to and from the Project Site. All commercially reasonable efforts will be made to reduce the noise, control fugitive dust, and minimize other disturbances associated with construction traffic. Truck staging and laydown areas for the Project will be carefully planned. The need for street occupancy (lane closures) along roadways adjacent to the Project Site is not known at this time.

Contractors will be encouraged to devise access plans for their personnel that de-emphasize auto use (such as seeking off-site parking, provide transit subsidies, on-site lockers, etc.). Construction workers will also be encouraged to use public transportation to access the Project Site because no new parking will be provided for them. Because of the construction workers early arrival/departure (typically 7:00 AM – 3:00 PM) schedule, a conflict for on-street parking is not anticipated.

During the construction period, pedestrian activity adjacent to the site may be impacted by sidewalk closures. A variety of measures will be considered and implemented to protect the safety of pedestrians. Temporary walkways, appropriate lighting, and new directional and informational signage to direct pedestrians around the construction sites will be provided. After construction is complete, finished pedestrian sidewalks will be permanently reconstructed to meet ADA standards around the new facilities. Any damage as a result of construction vehicles or otherwise will be repaired, per City standards.

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Trip Generation Reduction Measures

The Proponent will implement a series of Transportation Demand Management (TDM) measures aimed at reducing site trip generation. These TDM measures shall include, but are not limited to:

The Proponent will designate an on-site Transportation Coordinator for the Project. The Transportation Coordinator may be part of the building management or property management staff. The Transportation Coordinator will be responsible for:

Overseeing parking; Serving as the point person for managing, communicating, and promoting the use of alternative transportation measures with building employees and staff; Developing an orientation packet to inform residents or hotel visitors, office employees, and restaurant/retail employees about all available transportation options; and Designating a loading dock manager responsible for overseeing loading/delivery operations.

The Proponent will maintain membership in the “A Better City” (ABC) Transportation Management Agency (TMA) that serves downtown Boston’s financial district, Back Bay and Fenway/Kenmore Square areas.

The Project will provide transportation information, maps and schedules in the building lobby/public spaces. This shall include the provision of real time on-site transit information screens in the office lobby and at the Hotel/residential building’s concierge desk.

With the assistance of MassDOT and/or the TMA, a website application will be employed to encourage use of walking, bicycling and public transportation commuting modes and to provide ride-matching services.

The Project will provide approximately 192 bicycle parking spaces. As currently designed, 46 of these will be publicly accessible and located outside of the building. The remaining 146 bicycle spaces will be inside the building for use by building employees.

The Proponent will establish a Bluebikes corporate membership and will consider providing subsidies for its staff. Further, the Proponent will encourage its tenants to offer their staff the same benefits.

The Proponent will encourage the building’s tenants to offer a carshare corporate membership.

The Proponent will provide amenities for commuters who walk and bike to work, which will include an on-site shower, locker and changing facility for building staff use

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The Proponent, in coordination with the City, will install a cycle track along the west side of Massachusetts Avenue adjacent to the Project Site.

The Proponent will work with the City regarding the best location for a new Bluebikes station, and to replace and expand the station currently located in the roadway on Massachusetts Avenue at Boylston Street.

The Proponent will offer a transit pass subsidy to its own employees who work in the building, and will encourage building tenants to subsidize transit passes for their respective staff members, including participation in the MBTA Perq Program.

The Proponent will meet Boston’s Electric Vehicle Readiness Policy for New Large Developments, providing 25 percent of spaces to be EVSE (electric vehicle supply equipment) installed based upon the policy’s Equivalence Calculator.

The Proponent will charge market rates for on-site parking.

The Proponent will support the City to provide improved pedestrian access to the Project from the surrounding area, including designing and constructing MassDOT’s proposed realignment of the I-90 Westbound On-Ramp.

The Proponent should work with MassDOT and the ABC TMA in order to develop and market the TDM program.

Agreements and Layout Alterations

Prior to any site occupancy, the Proponent will submit to the Highway Division District 6 Office and/or the MBTA any layout alteration plans, land damage agreements, and any other agreements necessary for or resulting from the implementation of the mitigation measures detailed in this finding.

Greenhouse Gas (GHG) Commitment

Upon completion of construction of the Project, the Proponent will provide the MEPA office with a certification (the “Self-Certification”) signed by an appropriate professional (e.g. engineer, architect, general contractor). This Self Certification shall attest that the Proponent has incorporated into the Project all the GHG mitigation measures, or their equivalent, that were committed to in the SEIR in order to collectively achieve the proposed stationary GHG emission reduction.

This Self Certification will be supported by as-built plans and shall include an update with respect to those measures that are operational in nature (i.e. TDM program, recycling, Energy Star-rated equipment, etc.). This update shall include any changes to these measures from those identified in the EENF/SEIR, the schedule for implementation of all measures, and how progress toward achieving these measures will be advanced, if not currently implemented. The Self Certification and all supporting plans and documents shall be provided to the MEPA office within three (3) months of the completion of the Project. Furthermore, with the yearly Boston – Parcel 12 Page 15 04/24/2020

Transportation Monitoring Program to be completed and submitted to MassDOT (as outlined in the Finding), the Proponent will provide a report on the implementation of the TDM program. Appropriate MassDOT staff will review the yearly report for operational effectiveness and, if necessary, provide suggestions for adjustments or improvements to the program.

Transportation Monitoring Program

The Proponent has committed to a monitoring program in coordination with the BTD. The purpose of the Transportation Monitoring and Annual Report is to provide the BTD a regular update on transportation-related issues, such as the Project’s performance on TDM measures. Elements of the Transportation Monitoring and Annual Report typically include counts or surveys to determine peak period travel patterns. This would typically include people who walk, use transit, are picked up or dropped off, those who drive and park on-site, and those who drive and park off-site. The Proponent would also be expected to report on parking patterns and other issues that are relevant to the Project’s transportation plan. The Proponent’s obligation to provide this annual report commitment has been specifically outlined in a Transportation Access Plan Agreement (TAPA) between the Proponent and the BTD.

Additionally, MassDOT’s Transportation Monitoring Program requires proponents to monitor the traffic entering and exiting all of the site drives once per year following initial occupancy of the site. Monitoring of traffic entering and exiting the site will continue for five years following full occupancy of the site. The monitoring program will include 24-hour Automatic Traffic Recorder (ATR) counts over a seven-day, week-long period, and weekday AM/PM peak hour turning movement counts. The Proponent will submit the results of these monitoring studies to the MassDOT Public/Private Development Unit and MassDOT District 6 Office.

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FINDINGS

For the reasons stated above, MassDOT and the MBTA hereby find that, with implementation of the mitigation measures described above, all practicable means and measures will be taken to avoid or minimize adverse traffic and related impacts to the environment resulting from the Parcel 12 Project. Appropriate conditions consistent with this Section 61 Finding will be included in the Non-Vehicular Access Permit and the Lease to be issued by MassDOT and License and Approvals to be issued by the MBTA in order to describe more fully and ensure implementation of these measures.

April 24, 2020 DATE Jonathan Gulliver Administrator, Highway Division

April 24, 2020 DATE Steve Poftak General Manager, MBTA