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 Kathleen A.Theoharides SECRETARY June 19, 2020 CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME : 780 Morrissey Boulevard PROJECT MUNICIPALITY : Boston PROJECT WATERSHED : Boston Harbor EEA NUMBER : 16205 PROJECT PROPONENT : Dorchester-Michaels LLC c/o The Michaels Organization DATE NOTICED IN MONITOR : May 20, 2020 Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G. L. c. 30, ss. 61-62I) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this project does not require an Environmental Impact Report (EIR). Project Description As described in the Environmental Notification Form (ENF), the project consists of the construction of a six-story, 163,885 square foot (sf), 206-unit residential development with 123 structured parking spaces and 13 surface parking spaces (136 total). The structured parking will be accessed from Freeport Street. Loading, delivery, trash and recycling pick-up will take place within the exterior parking area at the north end of the site. As described in the ENF, the exterior space is designed to accommodate a future connection to the proposed Neponset River Greenway multi-use path extension from Freeport Street, with connections to Dorchester Shores Reservation, Tenean Beach, and the waterfront. The project includes raising/filling portions of the site approximately 5 ft which will require the construction of a retaining wall along the structured parking area. EEA# 16205 ENF Certificate June 19, 2020 Project Site The 1.81-acre project site consists of a 196-space surface parking lot currently used to store cars from a nearby car dealership and a vacant two-story, 10,230 sf restaurant. The project site is bounded by Freeport Street and Morrissey Boulevard to the west, a surface parking lot to the north, Interstate 93 (I- 93) to the east, and a hotel (Ramada Inn) to the south. The site consists primarily of impervious surface. Existing elevations vary from an elevation of approximately 12 feet Boston City Base (BCB) (5.54 NAVD88) in the northwest corner of the existing parking lot to approximately 21 feet BCB (14.54 NAVD88) in the southwest corner of the site in front of the existing restaurant. There are no known wetland resources located on or immediately adjacent to the project site. According the most recent Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the proposed limit of work of the project is not located within a mapped 100-year flood plain. Approximately half of the project site includes filled tidelands of the Neponset River. However, only a small portion of those filled tidelands (4,193-square feet) is subject to the licensing requirements of c. 91 and the Waterways Regulations at 310 CMR 9.00, because they are located within 250-feet of the existing mean high-water mark or first public way. The remaining 0.71 acres are landlocked tidelands subject to the Public Benefits Determination requirements of An Act Relative to Licensing Requirements for Certain Tidelands (Chapter 168 of the Act of 2007). The underlying zoning for the Project is Morrissey Boulevard Community Commercial Subdistrict within the Dorchester Neighborhood District. The project site is located in a Greenbelt Protection Overlay District (GPOD) resulting from Morrissey Boulevard’s status as a greenbelt corridor. Allowed uses include commercial uses such as retail/service and office. Environmental Impacts and Mitigation The project will result in the alteration of 1.81 acres of land. It is anticipated to generate 1,122 new average daily trips (adt), increase water demand by 27,600 gallons per day (gpd) and increase wastewater generation by 25,100 gpd. Measures to avoid, minimize and mitigate environmental impacts include installation of a stormwater management system, increasing pervious area on the site by approximately 0.26 acres and incorporation of energy efficiency measures which will reduce greenhouse gas (GHG) emissions. Traffic Demand Management (TMD) measures will be implemented to reduce single occupancy vehicle (SOV) trips and associated transportation emissions. Jurisdiction and Permitting This project is subject to MEPA review and preparation of an ENF pursuant to 301 CMR 11.03(3)(b)(5) because it requires a State Agency Action and involves a new or existing unlicensed non- water dependent use of waterways or tidelands. The project requires a Chapter 91 (c. 91) License from the Massachusetts Department of Environmental Protection (MassDEP), a Construction and Access Permit from DCR and an Access Permit from MassDOT. 2 EEA# 16205 ENF Certificate June 19, 2020 The project will require a National Pollution Discharge and Elimination System (NPDES) Construction General Permit (CGP) from the U.S. Environmental Protection Agency (EPA). The project is subject to Large Project Review in accordance with Article 80B of the Boston Zoning Code. The Project will also be required to comply with the Boston Planning and Development Agency (BPDA)’s Climate Resiliency Review process and Article 37 (Green Building) of the Zoning Code. The project will also require zoning relief under existing zoning regulations. The project is not receiving Financial Assistance from the Commonwealth. Therefore, MEPA jurisdiction for any future review would be limited to those aspects of the project that are within the subject matter of any required or potentially required Agency Actions and that may cause Damage to the Environment, as defined in the MEPA regulations. Review of the ENF The ENF provided a description of existing and proposed conditions, preliminary project plans, and an alternative analysis, and identified measures to avoid, minimize and mitigate environmental impacts. As discussed at the remote meeting held on May 28, 2020 and included in supplemental information distributed on May 29, 2020 (hereby referred to as the ENF), the project design is accounting for future sea level rise (SLR) by regrading portions of the project site above future flood plain projections and elevating the first floor residences consistent with BPDA’s design flood elevation recommendations. Comment letters from State Agencies did not identify any major concerns and provided guidance for addressing outstanding issues during the permitting process. I did receive a comment letter from a resident who expressed concerns with development within a future flood plain. Alternatives Analysis The ENF included an alternatives analysis which considered a No-Build Alternative, an As-of- Right Building Alternative (Alternative A), an 11-Story Multifamily Residential Building Alternative (Alternative B), and the Preferred Alternative, as described above. The No-Build Alternative would leave the site in its underutilized state. This alternative was dismissed because although it would not increase water demand, wastewater generation, GHG emissions and traffic trips, proposed stormwater management measures and pedestrian improvements would not be implemented, and the site would continue to be underutilized not meet the project goals of developing housing. Alternative A would involve the construction of an as-of-right building which would involve the construction of a two-story, 90,000 sf office building which would conform to existing zoning. This alternative would generate approximately 958 new adt and would increase water demand between 7,000-7,700 gpd. This alternative was dismissed because it would not meet the project goals of developing a residential use. Alternative B considered the development of an 11-story residential building with 268 units within 8 floors of residential use and 3 floors of parking. This alternative would consist of an approximately 316,000 sf development with 272 parking spaces. This alternative would increase water demand by 38,962 gpd and generate 35,420 gpd of wastewater and would generate 1,193 new adt. As described in the ENF, due to the expanded building footprint, there would not be room on the site to include the proposed link to the Neponset River Greenway, and the frontage along Freeport Street would not include any pedestrian amenities. Due to the increase in height, the resulting project would also have increased shadow impacts and would generally be out of scale with surrounding buildings. For these reasons, this alternative was dismissed. The Preferred Alternative was chosen by the Proponent because it adds to the 3 EEA# 16205 ENF Certificate June 19, 2020 housing supply within the neighborhood, reduces impacts as compared to the larger development contemplated in Alternative B, adds valuable pedestrian improvements and provides a connection to the Neponset Greenway. Filled Tidelands As described in MassDEP’s comment letter, roughly half of the 74,684-square foot project site includes filled tidelands of the Neponset River. However, only a small portion of those filled tidelands (4,193-square feet) are subject to the licensing requirements of M.G.L. Chapter 91 and the Waterways Regulations at 310 CMR 9.00, because it is located within 250-feet of the existing mean high water mark or public way. The remaining 0.71 acres of filled tidelands onsite are located greater than 250 feet from flowed tidelands, are separated from