The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 , MA 02114 Charles D. Baker GOVERNOR Tel: (617) 626-1000 Karyn E. Polito Fax: (617) 626-1181 LIEUTENANT GOVERNOR http://www.mass.gov/eea Matthew A. Beaton SECRETARY

December 14, 2020

PUBLIC BENEFIT DETERMINATION OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS

PROJECT NAME : 401 Congress Street PROJECT MUNICIPALITY : Boston PROJECT WATERSHED : EEA NUMBER : 16063 PROJECT PROPONENT : 401 Congress Street, LLC /Boston Global Investors, LLC DATE NOTICED IN MONITOR : August 10, 2020

Consistent with the provisions of An Act Relative to Licensing Requirements for Certain Tidelands, I hereby determine that the above-referenced project will have a public benefit. A Certificate on the Final Environmental Impact Report (FEIR) was issued on November 13, 2020.

Project Description

As described in the FEIR, the project consists of the construction of a 17-story, 518,500 square-foot (sf) building in Waterfront Neighborhood which will include 208,000 sf of lab/life science space; 259,000 sf of office space; 13,500 sf of tenant amenity space (i.e. fitness center and running track); 23,500 sf of indoor public space; 8,000 sf of cultural space, 6,500 sf of retail space and an additional 13,500 sf of outdoor public space. An outdoor pedestrian walkway will span the adjacent I-90 ramp, connecting the building to approximately 24,700 sf of landscaped outdoor public space and 10,500 sf of outdoor sheltered public space.

The building will have two entrances including one on Congress Street (ground level) and one from the World Trade Center Avenue Viaduct (second floor) which will be connected via a 24- hour accessible public elevator and grand staircase (Great Hall). The dual entrances will provide a weather protected vertical pedestrian connection between Congress Street and World Trade Center Avenue which have a 25-ft vertical grade difference. The project includes surface improvements along the World Trade Center Avenue Viaduct and enhancements to approximately 48,500 sf of outdoor public realm. The project is not proposing any new parking. Tenants will utilize market-rate EEA# 16063 Public Benefit Determination December 14, 2020 parking available at the South Boston Waterfront Transportation Center (SBWTC) (EEA# 8505/13367).

The project site is owned by the Massachusetts Port Authority (Massport). The development is proposed in response to the goals and uses identified in the Request for Proposals (RFP) issued by Massport as amended on September 17, 2020. The Proponent’s proposal was selected by Massport based on its ability to generate new and sustainable revenue sources to support Massport’s maritime operations; create economic development through jobs, taxes and other contributions; and encourage community engagement through the provision of dedicated public space.

Project Site

The 1.6-acre project site consists of Parcel A2 (1.1 acres) and the Triangle Parcel (0.48 acres). The two parcels are separated by the Exit 25 I-90 westbound (WB) off-ramp. Parcel A2 is bounded to the north by Congress Street, to the south and west by the Exit 25, Interstate 90 off- ramp, and to the east by the Massachusetts Bay Transportation Authority (MBTA) World Trade Center Station. The Triangle Parcel consists of isolated, undeveloped land spanning a portion of the Exit 25, Interstate 90 off-ramp and the Interstate 93 on-ramp. World Trade Center Avenue is located above the WTC Station and consists of a 0.25-mile viaduct, elevated approximately 25 feet above grade and connects the WTC to the Boston Convention and Exhibition Center (BCEC). Parcel A2 includes one ingress/egress off of Congress Street for surface parking at the site and temporary ingress to the SBWTC. The Triangle Parcel is periodically used for construction staging currently, but will be developed into publicly accessible space as part of the proposed project.

The project site and the air rights above I-90 and I-93 are owned by Massport. The Massachusetts Department of Transportation (MassDOT) and the MBTA hold easement rights in, around and through the project site for the operation of highway infrastructure and the Silver Line. These easements will be preserved through the lease agreement between the Massport and the Proponent. The site is located in the City of Boston’s Groundwater Conservation Overlay District (GCOD) and consists entirely of landlocked tidelands associated with Boston Harbor. The project is not located within the 100-year flood zone (FEMA Zone AE) currently, but it is located within the Boston Planning and Development Agency (BPDA) Sea Level Rise Flood Hazard Area (SLR- FHA), where it is anticipated to be impacted by the 1% (100-year) annual chance storm event by 2070 assuming 40 inches of sea level rise. The SLR-FHA is based on the Boston Harbor Flood Risk Model developed by MassDOT.

Environmental Impacts and Mitigation

Potential environmental impacts are associated with the alteration of 1.6 acres of land, creation of 0.5 acres of impervious surface, generation of 5,110 new average daily trips (adt), and generation of 46,118 gallons per day (gpd) of water demand and 41,925 gpd of wastewater.

The measures identified in MEPA filings to avoid, minimize, and mitigate project impacts include installation of a stormwater management system in compliance with the Massachusetts Department of Environmental Protection (MassDEP)’s stormwater management standards (SMS); implementation of transportation improvements including Transportation Demand Management

2 EEA# 16063 Public Benefit Determination December 14, 2020

(TDM) measures to minimize single-occupant vehicle (SOV) trips to the site; funding contributions for transportation and transit improvements in the area; and energy efficiency measures for the building program. The project will also comply with the City of Boston’s design criteria required for new construction within the SLR-FHA.

Jurisdiction and Permitting

The project is undergoing MEPA review and is subject to a mandatory EIR pursuant to 301 CMR 11.03(6)(a)(6) of the MEPA regulations because it requires Agency Actions and will generate 3,000 or more new adt on roadways providing access to a single location. The project requires a Vehicular Access Permit from MassDOT and a long-term ground and air rights lease from Massport. The project requires a construction dewatering permit from MWRA. The project is subject to the MEPA Greenhouse Gas Policy and Protocol (GHG Policy) and requires a Public Benefit Determination (PBD) from the Secretary of EEA.

The project requires a National Pollution Discharge and Elimination System (NPDES) Construction General Permit from the U.S. Environmental Protection Agency (EPA) and a Determination of No Hazard to Air Navigation from the Federal Aviation Administration (FAA). As a Massport property, the project will voluntarily undergo Article 80B Large Project Review by the BPDA as it is not subject to local zoning requirements. The project requires Site Plan Review and a Sewer Use Discharge Permit/Cross Connection from the Boston Water and Sewer Commission (BWSC).

Because the project involves a Land Transfer (long-term ground and air rights lease) from Massport, an Agency as defined in MEPA regulations, MEPA jurisdiction is broad in scope and extends to all aspects of the project that may cause Damage to the Environment.

Tidelands

The project site is comprised of tidelands subject to the provisions of An Act Relative to Licensing Requirements for Certain Tidelands (2007 Mass. Acts ch. 168) (the “Act”) (codified at M.G.L. c. 91, § 18B) and the Public Benefit Determination regulations (301 CMR 13.00). The project site is entirely within an area of historic tidal flats, referred to as the Commonwealth Flats, which were filled during the second half of the 19th Century as part of the South Boston Flats project. The project site is not subject to Chapter 91 licensing because it is landlocked; it is over 700 feet from the water and is separated from the water by a public way.

The legislation states the following regarding the Public Benefit Determination:

“In making said public benefit determination, the secretary shall consider the purpose and effect of the development; the impact on abutters and the surrounding community; enhancement to the property; benefits to the public trust rights in tidelands or other associated rights, including, but not limited to, benefits provided through previously obtained municipal permits; community activities on the development site; environmental protection and preservation; public health and safety; and the general welfare; provided further, that the secretary shall also consider the differences between tidelands, landlocked

3 EEA# 16063 Public Benefit Determination December 14, 2020

tidelands and great pond lands when assessing the public benefit and shall consider the practical impact of the public benefit on the development.”

The following addresses each of the considerations identified in the legislation.

1. purpose and effect of the development

The project site is owned by Massport. The development is proposed in response to the goals and uses identified in the RFP issued by Massport as amended on September 17, 2020. The project proposes to develop a mixed-used development on a currently underutilized site. The Proponent’s proposal was selected by Massport based on its ability to generate new and sustainable revenue sources to support Massport’s maritime operations; create economic development through jobs, taxes and other contributions; and encourage community engagement through the provision of dedicated public space. The project has been designed to promote connectivity among the project site and other key destinations in the South Boston Waterfront, including a north-south connector from the BCEC to the Commonwealth Pier.

2. impact on abutters and the surrounding community

The project will benefit abutters and the surrounding community through improvements to open space and community amenities. The project will make significant improvements to the surrounding public realm and neighborhood access, including enhanced pedestrian accommodations around the project site. The project’s transit-oriented location is served by the MBTA’s Silver Line service, existing water transportation, nearby bike share facilities, and multi-modal transportation options, including car share options, which promote use of public transportation and assist in the reduction of vehicle trips. The Proponent will implement a robust TDM program to reduce SOV trips and enhance and encourage alternative modes.

3. enhancement to the property

The project proposes to develop a currently underutilized site with a mixed-use development including public space. The project proposes surface improvements to the existing World Trade Center Avenue Viaduct and enhanced pedestrian improvements, including a connection between Congress Street and WTC Avenue which have an approximately 26-foot vertical grade difference via a 24/7 fully accessible public elevator, protected from the weather and elements, as well as an accessible exterior ramp through the landscaped open space of the Triangle Parcel, extending from Congress Street up to the World Trade Center Avenue Viaduct.

4. benefits to the public trust rights in tidelands or other associated rights

The site is comprised of landlocked tidelands that are entirely separated from flowed tidelands by public ways. The project site is greater than 700 feet from the waterfront and will not impede public access. According to the FEIR, the traditional public trust rights in tidelands (e.g., the right to fish, fowl and navigate) have been precluded at the project site and surrounding area by the historic filling and development of the South Boston Waterfront. However, the modern expression of these public trust rights on filled tidelands isolated from the existing watershed will be realized by the conversion of an underutilized parcel to a mixed-use building with significant public realm

4 EEA# 16063 Public Benefit Determination December 14, 2020 improvements and by improving public access to and enjoyment of the project site (as described herein).

5. community activities on the development site

The project will create new opportunities for community activity on the site through the provision of retail uses, bicycle/pedestrian amenities, and the creation of programmable publicly accessible open space. The project proposes approximately 87,000 sf of outdoor publicly accessible space and 30,000 sf of indoor publicly accessible space on Parcel A2 and the Triangle Parcel. The first two floors of the proposed building on Parcel A2, known as the Great Hall, will consist of a public-facing program with retail and flexible programmable uses. In addition to the Great Hall, the third floor will house a multipurpose auditorium available for public use outside of weekday office hours and throughout the weekend. This project also creates a variety of exterior programmed spaces. Areas along the improved World Trade Center Avenue Viaduct are being designed for community events and engagement while the new World Trade Center plaza will support various activities from outdoor seating for retail to expanded Great Hall space during temperate months.

6. environmental protection and preservation

The project has been designed to avoid, minimize and mitigate potential environmental impacts including nonwater-dependent use of tidelands, traffic, stormwater, water and sewer use, construction period impacts, and potential impacts associated with climate change. Measures to avoid, minimize and mitigate project impacts include:

Traffic/Transportation

• The Proponent will mitigate the Project’s effect on intersection capacity at B Street and Congress Street by providing funding for enhancements to / expansion of the ASCT program that is being implemented in the South Boston Waterfront, including additional sensors to improve efficiency on the MassDOT highway ramps and at the intersection of B Street / Congress Street. The Proponent’s contribution to the ASCT program is estimated at $50,000. • The Proponent will support improvements to the MBTA Silver Line operations by contributing mitigation funds to offset the Project’s impact on the Silver Line. The Proponent’s contribution towards MBTA Silver Line improvements is estimated at $450,000. • Total mitigation funds of up to $500,000 will be held by MassDOT/MBTA and expended for improvements commensurate with the level and timing of project impacts. The mechanism for expenditures will be described in final Section 61 findings by MassDOT/MBTA. • Implementation of a Transportation Demand Management (TDM) program which may include the following measures: o The Proponent will join the Seaport TMA. o The Proponent will designate a transportation coordinator to oversee transportation issues including parking, service and loading, and deliveries and will work with

5 EEA# 16063 Public Benefit Determination December 14, 2020

tenants as they move in to raise awareness of public transportation, bicycling, and walking opportunities. o Provision of transit screens containing information on nearby public transit schedules and vehicle and bicycle sharing stations. o Parking for employees and tenants will be available in the SBWTC at market rates. No new onsite parking is proposed. o The Proponent will promote employee/tenant carpools and vanpools. Building management will work with Massport’s SBWTC operator to further use of these modes. o The Proponent will participate in a ride matching program for tenant employees through the Seaport TMA where employees are matched to each other based on commute through an online system, optimizing the efficiencies for potential carpool. o The Proponent will provide bicycle storage in secure, sheltered areas along with showers for tenants. Subject to necessary approvals, public use bicycle racks for visitors will be placed near building entrances. A bike storage room is also located at the SBWTC on World Trade Center Avenue facing the plaza. o The Proponent will work with the Seaport TMA to facilitate a transit pass program for building tenants through the MBTA “Perq” program. o The Proponent will provide a parking cash out option for Financial Awards Programs or “Commuter Choice” programs that provide transit subsidies, pre-tax transit and vanpool benefits, and vanpool parking benefits. o The Proponent will encourage Office Building tenants to provide flextime, staggered work hours, or compressed work weeks to stagger the commuting times. “Telecommuting” will also be encouraged to allow employees to work from home. • Implementation of a Transportation Monitoring Plan: o Traffic data collection: Traffic data (i.e., turning movement counts for vehicles, pedestrians, bicycles) will be collected during the weekday morning peak period (7:00 AM – 9:00 AM) and evening peak period (4:00 PM – 6:00 PM) and operations analysis performed at the intersections included in this study as well as the SBWTC entrance. o Employee and Resident Survey – A survey will be distributed to determine commuting modes to/from the Project Site, transit ridership, bicycle parking utilization, occupancy of car-sharing parking spaces, occupancy of alternative fueled vehicle parking spaces, electric vehicle charging station demand and usage, and overall parking demands. o South Boston Waterfront Transportation Center (SBWTC) Volume Data: Collection of traffic volume information will be collected over a continuous seven-day period at each SBWTC entrance/exit. o Verification of Mitigation Measures – The implementation of the proposed mitigation measures, TDM measures, parking accommodations, and onsite amenities will be verified. o Monitoring Program Schedule and Reporting: monitoring will be performed annually commencing six months after full completion and occupancy and will continue for a period of five years. Results of the monitoring program will be summarized in a technical memorandum, including an update on TDM effectiveness and transit ridership to be submitted to both MassDOT and the City of Boston.

6 EEA# 16063 Public Benefit Determination December 14, 2020

GHG Emissions

Office/Lab Alternative

• Building EUI of 57 kBtu/sf-yr. • Heating end use EUI of 7.5 kBtu/sf-yr. • Emissions reduction of 34% lower than baseline building meeting ASHRAE 90.1-2013 with C406.3 (lighting reduction), C406.4 (lighting controls), C406.6 (dedicated outside air supply, DOAS) • The envelope meets minimum code standards by incorporating the following to compensate for lower-than-code envelope choices elsewhere (i.e. curtain wall): o Triple Glazed R 5.2 Windows o R 52 Roof insulation o R 7.5 Slab Insulation • Cold water thermal distribution supply temperature of 57F • Hot water thermal distribution supply temperature of 120F. • Rooftop PV to provide 45 tons of emissions reduction per year (a 148 kW system).

All-Office Alternative

• Emissions reduction of 14% lower than baseline building meeting ASHRAE 90.1-2013 with C406.3 (lighting reduction), C406.4 (lighting controls), C406.6 (dedicated outside air supply, DOAS) • Building EUI of 42 kBtu/sf-yr. • Heating end use EUI of 1 kBtu/sf-yr. • Aggregate vertical UA value for building envelope must be code compliant (U-0.1583; equivalent to R-6.32) • Cold water thermal distribution supply temperature of 51F • Hot water thermal distribution supply temperature of 120F. • Rooftop PV to provide 79 tons of emissions reduction per year (about a 275 kW system)

Stormwater/Wastewater

• The proposed stormwater management system and associated infiltration infrastructure will be designed to promote phosphorus removal and provide for groundwater recharge, in accordance with City of Boston requirements. • The stormwater system will have an infiltration capacity of 1.25 inches over the project site’s impervious area. • The Proponent will make a monetary contribution to the BWSC I/I mitigation fund in order to provide for a 4:1 offset of the project’s new wastewater flow, in compliance with MassDEP regulation.

Adaption and Resiliency

7 EEA# 16063 Public Benefit Determination December 14, 2020

• Critical building infrastructure systems will be located above anticipated flood waters at elevation 23 feet 6 inches BCB. • Street access to the building will be available at both the Congress Street level (20 feet BCB) and the World Trade Center Avenue level (46 feet BCB). All elevators serving the proposed office/lab building are located above the first level, at elevation 46 feet BCB. This design approach ensures that during intermittent flood events, the building can still be accessed at Level 2 (46 feet BCB) without interruption or impediment due to water. • All uses below the BPDA SLR-DFE of 21 feet are non-critical to the building’s function and are intended be outfitted with materials that can withstand intermittent exposure to saltwater in accordance with Massport’s guidelines for wet floodproofing. • The project design includes large areas of planting and shade canopy trees to combat heat island effect. The elevated landscaped pedestrian bridge that connects World Trade Center Avenue down to Congress Street provides over 10,500 SF of shaded flexible open space. In addition, the design includes large areas of planting along World Trade Center Avenue, providing large shade canopy trees on what is currently a hardscaped surface.

Construction Period

• A Construction Waste Management Plan (CWMP) for the processing and recycling of construction waste for the Project will be in place. The CWMP will include a contract with a licensed waste hauler that has off-site sorting capabilities. All construction debris will be taken offsite by the waste hauler, sorted as either recycled debris or waste debris and sent to the proper recycling center or waste facility. Construction debris will be wetted and covered to minimize airborne dust particles. • Secure fencing and barricades will be used to isolate construction areas from pedestrian traffic around the site. Sidewalk areas and walkways near construction activities will be well marked to protect pedestrians and ensure their safety. • To the extent possible, construction deliveries will be restricted to off-peak hours (9:00 AM – 4:00 PM). Any deliveries that need to be completed outside that time period will need direct approval from Massport prior to deliveries. • To reduce emissions of fugitive dust and minimize impacts on the local environment, the following will be implemented: o Wetting agents will be used regularly to control and suppress dust that may come from construction activities. o Trucks used for the transportation of construction debris will be covered before exiting the Project Site. o Streets and sidewalks will be cleaned regularly using mechanical street sweepers to minimize accumulations. o Trucks tires will be hosed down prior to entering public streets. • Noise impacts associated with construction activities will be mitigated through the following measures: o Use of Load-Bearing-Elements (LBEs) for deep foundation work, rather than driven piles. o Using mufflers on equipment and ongoing maintenance of intake and exhaust mufflers. o Use of low sulfur fuels.

8 EEA# 16063 Public Benefit Determination December 14, 2020

o Using less noisy specific construction operations and techniques where feasible o (e.g., mixing concrete offsite instead of onsite). o Scheduling equipment operations to keep average levels low, to synchronize noisiest operations with times of highest ambient levels, and to maintain relatively uniform noise levels. o Turning off idling equipment. o Utilize saw-cutting methods in lieu of jack hammering where feasible. o Use of tower cranes for structure erection will reduce street noise associated with truck-mounted equipment. o Massport, MassDOT, BTD, and the Office of Neighborhood Services (ONS) will be notified of all off-hour work. • Site dewatering is expected to be limited and will be in accordance with the applicable stormwater pollution prevention plan (SWPPP) or NPDES requirements for sedimentation control. Groundwater levels will be monitored during the construction process.

7. public health and safety, and the general welfare

The project will promote public health and safety through implementing a site design that provides safe and accessible facilities. Site improvements include new publicly accessible open space, bicycle facilities, and accessible pedestrian facilities with ramps, crosswalks, and appropriate lighting. Additionally, the Project will provide a fully accessible elevator connection from Congress Street up to World Trade Center Avenue, protected from the weather and elements, open to the public 24/7, which is a significant improvement to the existing conditions.

Conclusion

Based on the foregoing, I hereby determine that the project will have a positive public benefit to public trust rights in tidelands. To meet the publication requirements of the legislation, this Determination will be published in the Environmental Monitor on January 6, 2021. In accordance with M.G.L. c. 30, § 62I, the Proponent shall file a copy of the Certificate on the FEIR this Public Benefit Determination with MassDEP within 30 days of today’s date to notify the Department that work will be conducted within tidelands.

I recognize that the public benefit commitments may be subject to certain revisions as the project proceeds. If the public benefits to be provided should change, the Proponent is instructed to submit a Request for Advisory Opinion to the MEPA Office for a determination as to whether the change is sufficiently material to require the submission of a Notice of Project Change (NPC) pursuant to 301 CMR 11.10. If it is clear that the change(s) are material and would increase environmental impacts, the Proponent may submit a NPC without requesting an Advisory Opinion.

December 14, 2020 Date Kathleen A. Theoharides

9 EEA# 16063 Public Benefit Determination December 14, 2020

Comments received on the FEIR:

11/06/2020 Massachusetts Water Resources Authority (MWRA) 11/06/2020 Massachusetts Port Authority (Massport) 11/12/2020 Department of Energy Resources (DOER) 11/12/2020 Massachusettes Department of Transportation (MassDOT)

KAT/EFF/eff

10 Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, MA 02128-2909 Telephone (617) 568-1000 www.massport.com

November 5, 2020

Secretary Kathleen A. Theoharides Executive Office of Energy and Environmental Affairs Attn: MEPA Office Erin Flaherty, EEA #16063 100 Cambridge Street, Suite 900 Boston, MA 02114

Subject: 401 Congress Street - Final EIR (EEA #16063)

Dear Secretary Theoharides:

On behalf of the Massachusetts Port Authority (Massport), thank you for the opportunity to provide comments on the Final Environmental Impact Report (Final EIR) for the 401 Congress Street project. The project will convert the site from an undeveloped area and parking lot into a dynamic, pedestrian friendly, and transit-oriented destination through significant investments in the site’s public realm. The FEIR includes two building program alternatives. The first alternative includes an 18-story office building while the second alternative includes a 17-story building with office and laboratory uses. The FEIR indicates that the second building program alternative is being considered in response to the ongoing COVID-19 pandemic and associated market conditions, whereby life science uses are in high demand. Both building program alternatives include public, cultural, retail, and office uses and a new elevated and heavily landscaped public open space known as the “Triangle Open Space” with flexible public programmable space below; a new land bridge connecting the Congress Street level of the Triangle Open Space to the World Trade Center Avenue viaduct; and streetscape improvements to the existing World Trade Center Avenue viaduct and Congress Street.

The proposed project is consistent with Massport’s planning vision and development objectives for its property in the South Boston Waterfront. The project will generate critical ground lease revenue to support Massport’s maritime facilities and operations, promote sustainable and resilient urban development with an improved public realm, and advance Massport’s Diversity, Equity, and Inclusion Initiative. The unique design, which integrates the adjacent triangle parcel, will create over 100,000 square feet of new public realm space and will provide new pedestrian connections between Congress Street and the World Trade Center viaduct. By capitalizing on its location adjacent to the MBTA Silver Line World Trade Center Station and the Massport South Boston Waterfront Transportation Center, the project will require no onsite parking. The proponent is targeting LEED Gold certification under the U.S. Green Building Council’s LEEDv4 through an integrated sustainable design approach. The building design includes high-efficiency utility systems and other sustainable measures (lighting, water usage, and storm water). The proponent already, through the early project phases, is implementing a Diversity, Equity and Inclusion Plan for participation and inclusion of minority-owned and women-owned businesses across all aspects of the project including design, development, financing, and operations.

Since the Draft EIR submission, the proponent has been responsive to feedback from regulatory agencies and members of the public, particularly regarding pedestrian connectivity and safety. This has led to a Triangle Open

Operating Boston Logan International Airport  Worcester Regional Airport   Conley Container Terminal   Boston Fish Pier

Secretary Theoharides Page 2 November 5, 2020

Space design that balances connectivity, safety, landscape and hardscape improvements, and flexibility for future public realm programming.

The project includes significant transportation and public transit improvements and investments. The Final EIR includes a summary of the proposed mitigation measures including the following:

 Enhancement and expansion of the South Boston Waterfront Automated Signal Control Traffic (ASCT) program, including additional sensors to improve efficiency of the MassDOT highway ramps and at the intersection of B Street and Congress Street;  Substantial financial mitigation contribution to improve Silver Line capacity, in coordination with relevant agencies including MassDOT and the MBTA;  Creating multiple public pedestrian access options between the Congress Street level and the World Trade Center Avenue viaduct level 30 feet above; and  Transportation Demand Management (TDM) measures, including participation in the Seaport TMA and onsite bicycle and pedestrian accommodations.

In summary, the 401 Congress Street project will provide myriad benefits with a significantly improved and expanded public realm, a number of transportation and public transit enhancements, while promoting innovative and environmentally sustainable development in the heart of the South Boston Waterfront.

Thank you for your consideration of our comments. Please do not hesitate to contact me at (617) 568-3103, or at [email protected] if you wish to discuss any of our comments.

Sincerely,

Andrew G. Hargens, AICP | LEED AP Chief Development Officer Massachusetts Port Authority cc: J. Barrera, E. Tan, C. LeBlanc, J. Loveluck, M. DeTour, S. Dalzell, B. Washburn / Massport John Hynes IV / Boston Global Investors Elizabeth Grob / VHB

Operating Boston Logan International Airport  Worcester Regional Airport  Hanscom Field  Conley Container Terminal  Flynn Cruiseport Boston  Boston Fish Pier

November 6, 2020

Kathleen A. Theoharides, Secretary Executive Office of Energy and Environmental Affairs 100 Cambridge St, Suite 900 Attn: MEPA Office, Erin Flaherty Boston, MA 02114

Subject: EOEEA #16063 – Final Environmental Impact Report 401 Congress Street, Boston, MA

Dear Secretary Theoharides,

The Massachusetts Water Resources Authority (MWRA) appreciates the opportunity to comment on the Final Environmental Impact Report (FEIR) submitted by 401 Congress Street, LLC (the “Proponent”) for 401 Congress Street (the “Project”) in Boston, Massachusetts. The Project site totals approximately 1.6 acres, consists of two development parcels located in the South Boston Waterfront, and is owned by the Massachusetts Port Authority (MassPort). The Project includes the construction of an office building and an additional building that will serve as programmable publicly accessible space. The two buildings will be connected via a pedestrian bridge.

MWRA previously commented on the Project’s Environmental Notification Form (ENF) on July 30, 2019 and Draft Environmental Notification Form (DEIR) on April 3, 2020. Specifically, MWRA’s comments on the DEIR stated the need to ensure that the Project’s wastewater flow does not increase sewer system surcharging or overflows in large storms, and that the Proponent should continue to work with Boston Water and Sewer Commission (BWSC) to develop a plan to ensure a 4:1 offset of the project’s new wastewater flow by removing stormwater and/or infiltration and inflow (I/I) sources from a hydraulically related system(s). Comments on the FEIR continue to focus on this and other matters raised in our previous comments.

The FEIR restates that there appears be sufficient capacity in the immediate municipal sewage collection system to handle the Project’s wastewater flows and that stormwater overflow from the Project site will be directed to a separate storm drainage system. However, these assurances do not mitigate the potential impacts of the Project’s increased wastewater flow on wet weather flows and wet weather impacts to downstream sewer systems. More to this issue, the Proponent recognizes the need and requirement to offset the new wastewater flows with infiltration/inflow (I/I) removal as required by MassDEP regulation and BWSC policy. Accordingly, the FEIR states that the Proponent commits to making a monetary contribution to the BWSC I/I mitigation fund in order to provide for a 4:1 offset of the project’s new wastewater flow, in compliance with MassDEP regulation. MWRA reiterates that I/I mitigation in a hydraulically related system is essential to avoid the Project wastewater flow increasing downstream sewer system surcharging and combined sewer overflows in large storms.

In addition, MWRA prohibits the discharge of groundwater and stormwater into the sanitary sewer system, pursuant to 360 CMR 10.023(1) except in a combined sewer area when permitted by the Authority and the local community. The Project site has access to separate sewer and storm drain systems. Therefore, the discharge of groundwater or stormwater to the sanitary sewer system associated with this Project is prohibited. The FEIR acknowledges this restriction and states that the Project will comply.

On behalf of the MWRA, thank you for the opportunity to provide comments on this Project. Please do not hesitate to contact me at 1 (617) 788-4958 with any questions or concerns.

Sincerely,

Bethany Card Director Environmental and Regulatory Affairs

cc: John Viola, MassDEP Adam Horst, BWSC

COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENERGY RESOURCES 100 CAMBRIDGE ST., SUITE 1020 BOSTON, MA 02114 Telephone: 617-626-7300 Facsimile: 617-727-0030

Charles D. Baker Kathleen A. Theoharides Governor Secretary

Karyn E. Polito Patrick C. Woodcock Lt. Governor Commissioner

13 November 2020

Kathleen Theoharides, Secretary Executive Office of Energy & Environmental Affairs 100 Cambridge Street Boston, Massachusetts 02114 Attn: MEPA Unit

RE: 401 Congress Street, Boston, Massachusetts, EEA #16063

Cc: Maggie McCarey, Director of Efficiency Programs, Department of Energy Resources Patrick Woodcock, Commissioner, Department of Energy Resources

Dear Secretary Theoharides:

We’ve reviewed the Final Environmental Impact Report (DEIR) for the above project. The proposed project includes about 580,000-sf of lab/office space.

Project Mitigation Level

Since the DEIR the project significantly changed the building’s use type from a predominantly office building to an office/lab building. This change of use will increase annual GHG emissions of the designed building from approximately 2,450 tpy to 3,050 tpy1. The lab/office building is currently-proposed to have a Mitigation Level2 of 26%.

1 Emission Rates: Gas - 117 lbs/MMBTU, Electric - 658 lbs/MWhr (https://www.iso-ne.com/static- assets/documents/2020/05/2018_air_emissions_report.pdf) 2 Mitigation Level is the percent GHG reduction beyond the reduction that would occur as a result of following state and local building codes. A Mitigation Level of 0% means that no mitigation is proposed. 401 Congress Street, EEA #16063 Boston, Massachusetts

Codes and Baseline

Massachusetts Stretch Code applies to this project. Stretch Code requires a 10% energy performance improvement over ASHRAE 90.1-2013-Appendix G plus Massachusetts amendments including C402.1.5 (envelope), C405.3 and C405.4 (lighting), C405.10 (EV charging), and C406 (three additional efficiency measures).

Building Envelope Performance

High-performing envelope is essential to successful GHG mitigation. Key strategies for maintaining integrity of envelope are:

• The use of continuous insulation; • Limiting or eliminating use of glass “curtain wall” and spandrel assemblies; • Maximizing framed, insulated walls sections; • Maintaining window areas at code levels; • Reducing air infiltration; • Reducing thermal bridges.

Note that Massachusetts energy code amendments require conformance with 2018 IECC Section C402.1.5 which mandates that the aggregate performance of all above-grade surfaces conform to the wall performance factors in IECC Table C402.1.4 and C402.4 and fenestration values in

Page 2 of 6

401 Congress Street, EEA #16063 Boston, Massachusetts

C402.4.1 and C402.4.3. The envelope appears to comply with this requirement. However, the project’s vertical components have lower than code level performance as discussed below. The relatively high performance glass included in the project (glass performance ranges from equivalent R-2.9 to R-5.2 with most glass at about R-5) and the improved wall insulation is not actually a mitigation measure and result in an aggregate vertical UA worse performing than code as follows:

Minimum Proposed Vertical Envelope Calculations Required % U % U Insulated Wall 70% 0.064 8% 0.056 Opaque Curtain Wall 0% 0 0% 0 Window 30% 0.38 92% 0.208 Aggregate Assembly (Vertical) 0.1588 0.1954 Percent Improvement (Vertical) -23%

To compensate, the project had to significantly improve the below grade insulation and roof insulation. In summary, the improved roof, triple-glazed windows, and slab insulation are not mitigation measures but are measures required to just meet code.

The project has made the following envelope commitments which provides an above-grade envelope which meets, but does not exceed, code minimum:

U-Value R- Equivalent Roof 0.019 52.6 Window 0.208 4.8 Opaque Wall 0.056 17.9 Slab Edge 0.480 2.1 Floor 0.133 7.5

External Shading and Solar Heat Gain Coefficient (SHGC)

We are pleased to see the project examine the effect of external shading and window solar heat gain coefficient (SHGC). The submission examined external shading from both fins and building self-shading from surface articulations. As the project moves forward, we encourage further examination of this effect, including targeting lower SHGC-rated glass for building sides and areas more exposed to sun and/or less shaded. (For example, lower SHGC glass in just the unshaded, south facing walls, and otherwise “normal” SHGC ratings in other locations.)

Shading credit should be given to external shading only and not internal shading devices.

Efficient Electrification

Page 3 of 6

401 Congress Street, EEA #16063 Boston, Massachusetts

Electrification of space and water heating is a key mitigation strategy with significant short- and long-term implications on GHG emissions. Massachusetts grid emissions rates continue to decline with the implementation of clean energy policies that increase renewable electricity sources. The implication is that efficient electric space and water heating with cold climate air source heat pump and VRF equipment have lower emissions than other fossil-fuel based heating options, including best-in-class condensing natural gas equipment. Currently, efficient electric heating has approximately 50% lower emissions than condensing natural gas heating and, by 2050, efficient electric heating is expected to have approximately 85% lower emissions than condensing natural gas heating. See illustration below.

Space Heating

The project is unfortunately not committing to efficient electrification of space heating. The FEIR explored various strategies for the office building and concluded they are currently infeasible. The project did not analyze any opportunity to electrify the lab/office building. However, the project is proposing is to reduce heating loads as low as possible and use heating distribution systems that are air to water heat pump retrofit compatible.

As discussed in DOER’s comments to the DEIR, the office building presented significant space heating end use reduction and has commit to an unusually low space heating end use much lower than a typical prototype building (7.5 kBtu/sf-yr vs 3.3 kBtu/sf-yr). The proponents response in the FEIR confirmed this unusually low space heating end use is accurate and committed to further reduce the space heating end use to 1 kBtu/sf-yr.

Similarly, the lab/office building is committing to reduce space heating end use significantly, reducing this end use from about 35.5 kBtu/sf-yr for the baseline to about 7.5 kBtu/sf-yr for the proposed. According to the submission, this was accomplished by right-sizing heating equipment, improved equipment efficiencies, and other strategies.

Page 4 of 6

401 Congress Street, EEA #16063 Boston, Massachusetts

Currently proposed space heating approach is to use centrally located fossil fuel boilers to feed thermal distribution systems. Thermal distribution systems (both hot and cold distribution systems) will be designed with milder temperature ranges than typically used. For example, cold water thermal distribution systems will be set at 57F supply (versus typical 44F supply) and hot water thermal distribution systems will be set at 120F supply (versus typical 180F supply). These adjusted thermal temperatures could potentially make a future conversion from fossil fuel boiler to air source heat pump retrofit feasible.

Water heating

The FEIR is currently proposing electric resistance water heating. We recommend that opportunities to replace this with air source heat pump water heating continue to be analyzed.

Rooftop Solar PV

Rooftop PV can provide significant GHG benefits as well as significant financial benefits. Subsequently, the project has elected to install a 148 kW PV system reducing emissions by 45tpy.

Summary of Key GHG Commitments

The project is committing to the following key GHG commitments for the proposed lab/office building:

• Building EUI of 57 kBtu/sf-yr.

• Heating end use EUI of 7.5 kBtu/sf-yr.

• Emissions reduction of 34% lower than baseline building meeting ASHRAE 90.1-2013 with C406.3 (lighting reduction), C406.4 (lighting controls), C406.6 (dedicated outside air supply, DOAS). This translates to a Mitigation Level of 26%, as described above.

• The envelope meets minimum code standards by incorporating the following to compensate for lower-than-code vertical envelope choices elsewhere:

o Triple Glazed R 5.2 windows o R 52 Roof insulation o R 7.5 Slab Insulation

• Cold water thermal distribution supply temperature of 57F

• Hot water thermal distribution supply temperature of 120F.

• Rooftop PV to provide 45 tons of emissions reduction per year (a 148 kW system).

Office Only Scenario

Page 5 of 6

401 Congress Street, EEA #16063 Boston, Massachusetts

In the original FEIR, the proponent presented an analysis of an office only scenario with no laboratory. In the event that this originally planned office only scenario is built, the following are the commitments.

• Building EUI of 42 kBtu/sf-yr.

• Heating end use EUI of 1 kBtu/sf-yr. (One kBtu/sf-yr.)

• Emissions reduction of 14% lower than baseline building meeting ASHRAE 90.1-2013 with C406.3 (lighting reduction), C406.4 (lighting controls), C406.6 (dedicated outside air supply, DOAS). This translates to a Mitigation Level of 7%.

• Envelope which meets minimum code standards having an aggregate above-grade UA of U-0.1583 (equivalent R of R-6.32)

• Cold water thermal distribution supply temperature of 51F

• Hot water thermal distribution supply temperature of 120F.

• Rooftop PV to provide 79 tons of emissions reduction per year (about a 275 kW system).

Sincerely,

Paul F. Ormond, P.E. Energy Efficiency Engineer Massachusetts Department of Energy Resources

Brendan Place Clean Energy Engineer Massachusetts Department of Energy Resources

Page 6 of 6

November 10, 2020

Kathleen Theoharides, Secretary Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114-2150

RE: Boston: 401 Congress Street - FEIR (EEA #16063)

ATTN: MEPA Unit Erin Flaherty

Dear Secretary Theoharides:

On behalf of the Massachusetts Department of Transportation, I am submitting comments regarding the Final Environmental Impact Report for the 401 Congress Street project in Boston, as prepared by the Office of Transportation Planning. If you have any questions regarding these comments, please contact J. Lionel Lucien, P.E., Manager of the Public/Private Development Unit, at (857) 368-8862.

Sincerely,

David J. Mohler Executive Director Office of Transportation Planning

DJM/jll

Ten Park Plaza, Suite 4150, Boston, MA 02116 Tel: 857-368-4636, TTY: 857-368-0655 www.mass.gov/massdot

Boston – 401 Congress Street Page 2 11/10/20 cc: Jonathan Gulliver, Administrator, Highway Division Patricia Leavenworth, P.E., Chief Engineer, Highway Division John McInerney, P.E., District 6 Highway Director Charles Clayton, Director, Transit-Oriented Development, MBTA Neil Boudreau, Assistant Administrator of Traffic and Highway Safety Boston Planning and Development Agency Boston Region Metropolitan Planning Organization

MEMORANDUM

TO: David Mohler, Executive Director Office of Transportation Planning

FROM: J. Lionel Lucien, P.E, Manager Public/Private Development Unit

DATE: November 10, 2020

RE: Boston: 401 Congress Street – FEIR (EEA #16063)

The Public/Private Development Unit (PPDU) has reviewed the Final Environmental Impact Report (FEIR) for the proposed 401 Congress Street project by 410 Congress Street, LLC/Boston Global Investors, LLC (“Proponent”). The approximately 1.6-acre site, located at 401 Congress Street, is comprised of two development parcels owned by the Massachusetts Port Authority (Massport):

• A 1.1-acre surface parking lot (“Parcel A2”) bounded to the north by Congress Street, to the south and west by the I-90 Exit 25 Off-Ramp, and to the east by the MBTA Silver Line World Trade Center Station; and • A 0.48-acre undeveloped site (“Triangle Parcel”) spanning a portion of the I-90 Exit 25 Off-Ramp and I-93 On-Ramp.

The project proposes to construct approximately 573,000 square feet (sf) of development space across the two parcels. The development program has slightly changed from the Draft EIR in April 2020, and now would entail approximately 535,000 sf of office; 23,500 sf of public use space; 8,000 sf of cultural use space, and 6,500 sf of retail space as part of an 18-story building on Parcel A2. In addition, 13,500 sf of outdoor public realm are proposed on Parcel A2 and Congress Street; 38,500 sf of outdoor public realm on World Trade Center Avenue; and an approximately 24,700 sf of outdoor landscape and 10,500 sf out of sheltered flexible space on the Triangle Parcel.

Based on the information presented in the FEIR, the Full-Build project is expected to generate 5,457 unadjusted vehicle trips on a typical weekday. The project exceeds the Massachusetts Environmental Policy Act (MEPA) threshold for trip generation (3,000 new trips) and thus is categorically included for preparation of an Environmental Impact Report.

The project site is bounded to the north by Congress Street, to the east by the World Trade Center Avenue Viaduct, and to the south and west by the I-90 Exit 25 On and Off- Ramps, of which the Off-Ramp traverses the project site. Access would be provided via two

Ten Park Plaza, Suite 4150, Boston, MA 02116 Tel: 857-368-4636, TTY: 857-368-0655 www.mass.gov/massdot

Boston– 401 Congress Street Page 2 11/10/2020 site driveways on Congress Street and the World Trade Center Avenue Viaduct. An elevated pedestrian bridge would be constructed spanning the I-90 Ramp connecting the office building to the Triangle Parcel. A Vehicular Access Permit from MassDOT will be required because the project abuts the I-90 Westbound On-Ramp. A Non-Vehicular Access Permit will also be required for the construction of the pedestrian bridge over the I-90 Ramp.

The FEIR includes an updated transportation study prepared in conformance with the latest MassDOT/EOEEA Guidelines for Transportation Impact Assessments (TIA). The study includes a revised assessment of the transportation conditions in the project study area for the existing and future conditions. The TIA has evaluated the transportation impacts of the proposed project based on the adjusted trip generation estimates along with future transportation demands due to projected traffic and transit growth independent of the proposed development. To mitigate the project’s impacts, the TIA has identified a list highway, transit, bicycle, and pedestrian improvements to be implemented in the study area. The Proponent has also committed to a transportation demand management (TDM) program to reduce automobile trips and to work with the City of Boston and MassDOT to implement a monitoring program. We therefore recommend that no further environmental review be required based on the following comments.

Traffic Operations

During the preparation of the FEIR, the Proponent has worked with MassDOT, Massport, and the City of Boston to address outstanding issues regarding the traffic operations in the vicinity of the project. The Proponent has identified in the DEIR the adaptive signal control technology (ASCT) within the South Boston Waterfront area to be completed in 2020 to improve overall traffic operations. The FEIR includes an update on the schedule of implementation of this project and discusses how the system would improve traffic operations in the study area of the project. The ASCT system would also include transit signal priority (TSP) at intersections where MBTA buses are expected to travel. This feature will allow for buses to receive either extended signal green time or reduced red (stopped) time, depending on which approach to an intersection they are arriving at.

To mitigate the Project’s effect on intersection capacity at B Street and Congress Street, the Proponent has committed to providing funding for enhancements to/expansion of the ASCT program that is being implemented, including additional sensors to improve efficiency on the MassDOT highway ramps and at the intersection of B Street/Congress Street. The Proponent’s contribution to the ASCT program is estimated at $50,000. The Proponent has conducted early coordination with MassDOT and the City of Boston and will provide the funding to align with the ASCT implementation schedule.

Transit Analysis

During the preparation of the FEIR, the Proponent has met with MassDOT and the MBTA, revised the transit analysis, and discussed the mitigation program for the project. The analysis was conducted in accordance with the latest MassDOT/MBTA methodology. The future

Boston– 401 Congress Street Page 3 11/10/2020

Build conditions transit analysis added the Project-generated riders to background–generated riders and other approved project-specific riders to determine the overall impacts of future ridership demand on the transit network. In addition, the Proponent has taken into consideration the analysis and the mitigation program identified as part of several projects reviewed in the state environmental review process and the City of Boston Article 80 process.

In consultation with Massport, MassDOT, the MBTA, and the City of Boston regarding transit mitigation, the Proponent has identified the following improvements:

› Enhancing / expanding the ASCT program that is being implemented in the South Boston Waterfront to include TSP for MBTA buses.

› Studying the viability of and contributing to an operating subsidy to implement two-bus platoons within the trunk of the Silver Line. Two-bus platoons, which would enable two buses to load and depart at the same time at stops between South Station and Silver Line Way, could be introduced with current D Street signal timing and surface crossing. This could more than double the trips per hour between Silver Line Way and South Station.

› Investigating alternative transit connections to key destination nodes that currently use the Silver Line. Such transit connections could also decrease pressure on the Silver Line.

› Expanding the Silver Line fleet and/or the Southampton maintenance facility to accommodate its fleet growth.

The Proponent’s contribution towards these improvements is estimated at $450,000. However, due to the COVID 19 pandemic, the MBTA is currently experiencing a systemwide decrease in ridership. Consequently, the MBTA recently announced a reevaluation of transit operations that may result in systemwide service cuts to address current and projected low ridership, including in the Silver Line. Given it is uncertain at this time whether transit ridership would ever reach pre-pandemic projections included in the FEIR, some of the operational impacts and the proposed transit improvements may not align with current and future operations of the transit system in the vicinity of the project. Accordingly, we do not foresee the need for the operational improvements listed above.

The Proponent has committed to contribute mitigation funds to an account paid to MassDOT/MBTA that will be segregated into an account solely for the purpose of mitigating the Project’s impacts. We recommend that the Proponent discuss with MassDOT/MBTA potential improvements of capital nature that would benefit the Silver Line and directly mitigate project’s impacts. The Final Section 61 findings would then include, if needed, a schedule for when these funds will be deployed and for what purpose.

Boston– 401 Congress Street Page 4 11/10/2020

Transportation Demand Management Program

The FEIR includes a comprehensive program of TDM measures aimed at reducing site trip generation. These include provision of information on and marketing of transit services (including via a project website), membership in the Seaport TMA, provision of orientation packets containing multimodal information to tenants, provision of bicycle storage in secure, sheltered areas and bicycle racks for visitors near building entrances, designation of a transportation coordinator to oversee transportation issues.

Transportation Monitoring Program

The Proponent has committed to implement a transportation monitoring program that will periodically monitor the TDM program through a Massport survey. The goals of the monitoring program would be to evaluate the assumptions made in the Environmental Impact Report and the adequacy of the mitigation measures, as well as to determine the effectiveness of the TDM program. The Proponent should work with MassDOT to devise the monitoring program prior to its inception.

MassDOT recommends that no further environmental review be required based on transportation issues. The Proponent should update the Draft Section 61 Finding to address the final resolution for the use of the funds committed towards the mitigation program and clearly identify the party responsible for implementing the improvements. The Draft Section 61 Finding would be the basis for MassDOT to issue a Section 61 Finding for the project. If you have any questions regarding these comments, please contact me at [email protected].