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

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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 Matthew A. Beaton SECRETARY April 19, 2019 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE NOTICE OF PROJECT CHANGE PROJECT NAME: Sharon Gallery (formerly Sharon Commons Lifestyle Center) PROJECT MUNICIPALITY: Sharon PROJECT WATERSHED: Neponset River EEA NUMBER: 14081 PROJECT PROPONENT: Ninety-Five, LLC DATE NOTICED IN THE MONITOR: March 20, 2019 Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G. L. c. 30, ss. 61-62I) and Section 11.10 of the MEPA regulations (301 CMR 11.00), I hereby determine that the project change does not require a Supplemental Environmental Impact Report (EIR). The Notice of Project Change (NPC) identifies a 250,000 square foot (sf) increase in the size of the project and a changes in programming, including the addition of residential uses. The overall project will consist of an approximately 750,000-sf mixed-use project comprised of: 156 condominium units, 24 apartment units, an 84-room extended stay hotel, 330,500 sf of retail space, a 50,000-sf fitness center, and 27,000 sf of medical office space. Original Project Description The original project consisted of a 498,000-square foot (sf) commercial retail development on approximately 60 acres of a 138-acre project site in Sharon. The project included construction of an on- EEA# 14081 NPC Certificate April 19, 2019 site wastewater treatment system as well as roadway and stormwater infrastructure. Approximately 73 acres of the project site were to be permanently protected as open space. An Expanded Environmental Notification Form (EENF) was submitted to the MEPA Office in 2007 and a Certificate was issued on September 28, 2007 which included a Scope for the Draft Environmental Impact Report (DEIR). The Secretary’s Certificate on the DEIR, issued on February 29, 2008, determined that no substantive issues remained to be addressed and indicated the DEIR would be published as a FEIR in accordance with 301 CMR 11.08(8)(b)(2). The Certificate on the FEIR, issued on May 2, 2008, indicated that it adequately and properly complied with MEPA. Some clearing of land, associated with the former Sharon Commons Lifestyle Center project, was completed; other construction activity has not been initiated. Project Site The 138-acre site is located at Old Post Road at South Main Street in Sharon. Wetland resource areas on the site include Bordering Vegetated Wetlands (BVW), Riverfront Area, Bank, Land Under Water (LUW), and Bordering Land Subject to Flooding (BLSF). The project site contains areas identified by the Division of Fisheries and Wildlife’s Natural Heritage and Endangered Species Program (NHESP) as mapped Priority and Estimated Habitat for the Eastern Box Turtle (Terrapene carolina), state-listed as Special Concern. It includes an archaeological site listed in the Inventory of Historic and Archaeological Assets of the Commonwealth. Environmental Impacts and Mitigation As described in the FEIR, the proposed project would result in approximately 44 acres of land alteration, including 32 acres of new impervious area. The project would alter 17,620 square feet (sf) of BVW, 17,570 sf of Riverfront Area, 45 linear feet (lf) of Bank, 450 sf of LUW, and 63,260 sf of BLSF. Two on-site wastewater treatment facilities (WWTF) were proposed to treat 60,000 gallons per day (gpd) of wastewater. Water demand was estimated at 59,520 gpd and would be provided by the municipal water supply. Trip generation was estimated at 19,271 unadjusted average daily trips (adt).1 The project included construction of 2,169 new parking spaces. The NPC indicates that the project change will increase the amount of parking spaces by 250 spaces and decrease traffic generation by 1,563 adt for a total of 17,708 unadjusted adt.2 The project change will increase both water demand and wastewater generation by 6,000 gpd. Measures to avoid, minimize, and mitigate impacts include water conservation, erosion and sediment controls, stabilization of all disturbed areas, stormwater management improvements, and implementation of Best Management Practices (BMPs). 1 Trip Generation Manual, 7th Edition (2003); Institute of Transportation Engineers (ITE). 2 Trip Generation Manual, 10th Edition (2017); Institute of Transportation Engineers (ITE). The trip generation for the NPC is based on the most recent ITE manual which varies significantly from the 7th Edition. The narrative of the NPC does not address the extent to which changes in vehicle trips are due to changes in trip rates and/or changes in type/square footage of land uses. 2 EEA# 14081 NPC Certificate April 19, 2019 Jurisdiction and Permitting This project was subject to the preparation of a mandatory EIR pursuant to Section 11.03(1)(a)(1), 11.03(1)(a)(2), 11.03(6)(a)(6) and 11.03(6)(a)(7) because it would alter 50 or more acres of land; create ten or more acres of impervious area; generate 3,000 or more new average daily trips and construct 1,000 or more new parking spaces. The project also exceeded the ENF thresholds because it would result in a Take of a state-listed endangered or threatened species, or species of Special Concern; alter 5,000 or more sf of BVW and 1/2 acre or more of other wetlands; destruct part of an archaeological site listed in the Inventory of Historical and Archaeological Assets of the Commonwealth; and would construct 1/2 or more miles of new sewer mains. The project required and received a Groundwater Discharge Permit and a 401 Water Quality Certification from the Massachusetts Department of Environmental Protection (MassDEP) and a Conservation and Management Permit (CMP) from NHESP. The project also required a Vehicular Access Permit from the Massachusetts Department of Transportation (MassDOT) which has not been issued. The project was reviewed by the Massachusetts Historical Commission (MHC). The project also required and received a Surface Water Discharge Permit under the National Pollutant Discharge Elimination System (NPDES) program from the United States Environmental Protection Agency (U.S. EPA) and an Order of Conditions from the Sharon Conservation Commission. MEPA jurisdiction was limited to those aspects of the project that were within the subject matter of any required state Permits and that were likely, directly or indirectly, to cause Damage to the Environment, as defined in the MEPA regulations. MEPA jurisdiction included transportation, wastewater, wetlands and water quality, rare species, historical and archaeological resources, land, stormwater and drainage. This project was filed prior to the implementation of the MEPA Greenhouse Gas Emissions Policy and Protocol (GHG Policy) and therefore was not required to prepare a GHG analysis. The project change requires a Vehicular Access Permit from MassDOT, an Amended Groundwater Discharge Permit from MassDEP, and an Amended CMP from NHESP. In addition, the Town of Sharon has been awarded a MassWorks grant to reconstruct South Main Street, including infrastructure improvements that will support this project. The NPC includes a GHG analysis to comply with the GHG Policy. Review of the NPC The NPC included a description of the original project, the project change and addressed the significance of the proposed changes; project plans; a traffic impact study; and a GHG analysis. During MEPA review, the Proponent’s consultant provided supplemental information3 to respond to questions regarding traffic impacts. I received comments from State Representative Louis Kafka, State Senator Walter Timilty, State Senator Paul Feeney, the Neponset River Regional Chamber, the Sharon Board of Selectmen, and the 3 Email from Kenneth Cram to the MEPA Office sent 3/25/2019. 3 EEA# 14081 NPC Certificate April 19, 2019 Foxborough Board of Selectmen which all support the project and the need for both housing and tax revenue from commercial and retail development. Comments from MassDOT, NHESP and MassDEP identify additional information that the Proponent should provide during permitting. Alternatives Analysis The NPC included an alternatives analysis that identified the No-Build Alternative (Alternative 1); the Sharon Commons Lifestyle Center Alternative (Alternative 2); and the Mixed-Use Development Alternative (the Preferred Alternative). The NPC indicated that Alternative 1 was dismissed as it would not include affordable housing. Alternative 2 was eliminated because it would increase traffic impacts compared to the Preferred Alternative and would not include affordable housing. Transportation Comments from MassDOT indicate that the Traffic Impact and Analysis Study (TIAS) included in the NPC generally conforms with the MassDOT/Executive Office of Energy and Environmental Affairs (EEA) Transportation Impact Assessment Guidelines. The project requires a MassDOT Vehicular Access Permit. Compared to the analysis provided in the FEIR, trip generation will decrease by 1,563 adt for a total of 17,708 unadjusted adt. When adjusted for internal capture and pass-by trips, trip generation is reduced to 13,216 adt. The trip generation estimate is based on the following Land Use Codes (LUC) from the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, 10th Edition (2017): 221- Multifamily Housing (Mid-Rise), LUC 312-Business Hotel, LUC 492-Health/Fitness Club, LUC 720- Medical/Dental Office Building, and LUC 820-Shopping Center. The analysis provided in previous review documents was based on the 3rd Edition of the Trip Generation Manual (2003). The project will create an additional 250 parking spaces for a total of 2,419 parking spaces. The NPC indicates that this parking supply was mandated by the Town’s Zoning Bylaws. MassDOT’s comments indicate that the parking supply is 400 more spaces than required based on the ITE Parking Generation (4th edition) rates.
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