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City of Newton, Massachusetts

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City of Newton, Massachusetts 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 15, 2020 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT PROJECT NAME : Riverside Station Redevelopment PROJECT MUNICIPALITY : Newton PROJECT WATERSHED : Charles River EEA NUMBER : 16024 PROJECT PROPONENT : Mark Development, LLC DATE NOTICED IN MONITOR : March 11, 2020 Pursuant to Section 11.08(8)(b) of the MEPA regulations, I hereby determine that the Draft Environmental Impact Report (DEIR) submitted on this project does not adequately and properly comply with the Massachusetts Environmental Policy Act (MEPA; M.G.L. c. 30, ss. 61-62I) and with its implementing regulations (301 CMR 11.00), and therefore require the filing of a Supplemental DEIR (SDEIR). Specifically, I find that the DEIR has not provided a comprehensive description of project components and analyses as required in the Scope for the DEIR. As such, I cannot find that the project has satisfied the regulatory requirements to ensure that the project’s environmental impacts have been clearly described and fully analyzed or that it has incorporated all feasible means to avoid Damage to the Environment. Project Description As described in the DEIR, the project includes the redevelopment of the surface parking lot at the Massachusetts Bay Transportation Authority (MBTA) Riverside Station and an adjacent site occupied by a hotel. The project includes the demolition of the hotel building and construction of an EEA# 16024 DEIR Certificate May 15, 2020 approximately 1.025-million square foot (sf) mixed-use development in 10 buildings. Seven buildings will be occupied by 653,571 sf (617 units) of residential space, 250,887 sf of office space, 77,300 sf (150 rooms) of hotel use and 43,242 sf of retail space. The tenth building will be a parking garage with 1,990 spaces, including 1,000 spaces to replace the parking lot used by commuters. The buildings will range in height from 63.9 feet to 170 feet. The project will provide 2.3 acres of public open space, including: Transit Square, with a paved area for active use and a lawn for passive use; Amphitheater Garden to host small performances; and Hotel Green, which includes space for recreational uses. To minimize the volume of project-related traffic on Grove Street, primary vehicular access is proposed at the western end of the site adjacent to Interstate-95 (I-95). The Proponent will reconfigure the I-95 Northbound Off-Ramp adjacent to the site so that it terminates at a new intersection at the site entrance. A new signalized intersection on Grove Street at the western end of the site will direct vehicular traffic to the main entrance. The project will be constructed in two phases. Phase 1 includes demolition of the hotel, relocation of a water main, regrading of the site and construction of Buildings 2, 3, 4, 7, 8 and the portions of Buildings 9 and 10 containing the parking garage. Phase 2 will include construction of Buildings 1, 5, 6, 7, the retail portion of Building 9 and the residential portion of Building 10. Project Site Riverside Station is located to the east of the intersection of I-95 and Grove Street. The project site encompasses an area of 13.05 acres, including 10.35 acres owned by the MBTA and the 2.7-acre Hotel Indigo property owned by the Proponent. The site is bordered to the north by the MBTA Green Line maintenance facility and associated structures, Riverside Station, the Green Line tracks and Riverside Office Park; to the east by Grove Street; to the south by Grove Street and I-95; and to the west by I-95 and associated ramps and roadways and undeveloped, forested land and wetland resource areas adjacent to the Charles River. In addition to surface parking, the portion of the site owned by the MBTA includes a bus stop and provides the primary access to its maintenance facility. The Hotel Indigo parcel includes the hotel and structured and surface parking lots. The Newton Lower Falls neighborhood is located to the southwest on the opposite side of I-95. The Auburndale neighborhood is located to the northeast on the other side of Route 30. Residential uses and a golf course are located on the east side of Grove Street. The Charles River and the Department of Conservation and Recreation’s (DCR) Charles River Reservation are located north of the site. According to the Massachusetts Department of Environmental Protection’s (MassDEP) Year 2016 List of Integrated Waters, impairments affecting the use of the segment of the Charles River near the site include the presence of non-native aquatic plants, fish bioassessments, DDT in fish tissue, PCB in fish tissue, pathogens, nutrients and phosphorous. The U.S. Environmental Protection Agency (EPA) and MassDEP have established Total Maximum Daily Loads (TMDL) for nutrients and pathogens in the Charles River. 2 EEA# 16024 DEIR Certificate May 15, 2020 Environmental Impacts and Mitigation Potential environmental impacts associated with the project include the generation of 11,368 weekday average daily trips (adt) and 9,972 adt on Saturday, construction of 2,041 parking spaces (an increase of 821 spaces compared to existing conditions), use of 96,900 gallons per day (gpd) of water and generation of 92,210 gpd of wastewater. Greenhouse Gas (GHG) emissions are associated with on- site energy use and transportation. Measures proposed to avoid, minimize and mitigate impacts identified in the DEIR include local and regional roadway and signal improvements, implementation of a Transportation Demand Management (TDM) program to minimize single-occupant vehicle (SOV) trips to the site, a 0.6-acre decrease in impervious area, connections to pedestrian and bicycle networks and construction of a stormwater management system. Jurisdiction and Permitting The project is subject to the preparation of a Mandatory EIR pursuant to the 301 CMR 11.03(6)(a)(6) and 301 CMR 11.03(6)(a)(7) because it requires Agency Actions and will generate 3,000 or more new trips on roadways providing access to a single location and construct 1,000 or more new parking spaces at a single location, respectively. The project requires a Vehicular Access Permit from the Massachusetts Department of Transportation (MassDOT) and an 8(m) Permit from the Massachusetts Water Resources Authority (MWRA). It may require a Construction and Access Permit from DCR. The project is subject to review under the MEPA GHG Emissions Policy and Protocol (GHG Policy). The project requires an Order of Conditions (OOC) from the Newton Conservation Commission (and a Superseding Order of Conditions (SOC) from MassDEP in the event the OOC is appealed). It requires Site Plan Review, a Special Permit and approval of re-zoning by the Newton City Council. The project requires review by the Federal Highway Administration (FHWA) and a National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharge from Construction Activities and Stormwater Notice of Intent from the EPA. The Proponent is seeking a Land Transfer in the form of a lease and a conveyance in fee from the MBTA affecting nearly the entire project site. Therefore, MEPA jurisdiction extends to all aspects of the project that are likely, directly or indirectly, to cause Damage to the Environment pursuant to 301 CMR 11.01(2)(a)(3). Changes Since the Filing of the ENF The DEIR identified changes to the project since the ENF was reviewed. The project site has decreased in area by 1.35 acres and the gross square footage of the proposed buildings has decreased from approximately 1.5 million sf to 1.025-million sf. The changes include the following: • The number of residential units has decreased from 675 to 617; • The number of hotel rooms has from 194 to 150; 3 EEA# 16024 DEIR Certificate May 15, 2020 • The area of office/lab space has been reduced from 562,267 sf to 250,887 sf; • The area of retail/commercial space from 64,655 sf to 43,242 sf; • The proposed mixed-use common area has been eliminated from the project design; • The maximum building height has decreased from 225 ft to 170 ft; and, • The amount of parking has been reduced from 2,922 to 2,041 spaces and all spaces will be located within a single structure. The project design also includes a third entrance to the site from Recreation Road that will provide access to the MBTA maintenance facility and to the office building (Building 1) loading dock. Review of the DEIR The DEIR reviewed existing conditions and provided a description of the project, including the size and proposed use of each building and plans showing the location of the buildings and open and civic spaces. It identified the project’s impacts on transportation, air quality, infrastructure and water quality. The DEIR provided an analysis of the project’s GHG emissions and climate change resiliency. The DEIR included a Response to Comments received on the ENF, identified mitigation commitments and provided draft Section 61 Findings. It identified the statutory and regulatory standards and requirements applicable to the project and summarized the status of the project’s review by the City of Newton (City). As noted below, the DEIR did not respond to several issues raised in the Scope. These issues should be addressed in the SDEIR. Alternatives Analysis The DEIR included an updated Alternatives Analysis that compared the Preferred Alternative as presented in the DEIR to the alternatives reviewed in the ENF, including the 1.5-million sf project that was previously identified as the Preferred Alternative.
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