2 BRIDGE STREET - NOTICE OF PROJECT CHANGE 3-29-2274 Bay View Avenue l Salem, MA 01970 l Tel. 781.439.2461 l sst.pierre@comcast.net
SUSAN ST. PIERRE | CONSULTING SERVICES
March Ϯϵ, 2022
Secretary Kathleen A. Theoharides
Executive Office of Energy and Environmental Affairs (EEA)
Attn: MEPA Office
100 Cambridge Street, Suite 900
Boston, MA 02114
Re: Notice of Project Change
EEA No. 16439
Witch City Gardens LLC
2 Bridge Street, Salem, MA
Dear Secretary Theoharides:
On behalf of 2 Bridge Street LLC, I have enclosed a Notice of Project Change Form for the above referenced
project located at 2 Bridge in Salem, MA. The Project proposes to program uses for the entire building
rather than leaving the majority of the building vacant as was proposed in the September 15, 2021
Environmental Notification Form (ENF) EEA No. 16439. The use proposed in the ENF was cannabis retail in
a small portion (891 square feet) of the building with the remainder of the building area (approximately
6,800 square feet) remaining vacant until a tenant was identified. The previous vacant portions of the
building will now be programmed for the previously proposed cannabis retail, a charter boat facility and a
20 seat restaurant on the ground floor and a cannabis cultivation facility and support space for the cannabis
retail in the basement.
A Pre-filing meeting was held with MEPA staff on March 8, 2022 to discuss the project and filing
requirements. Please do not hesitate to contact me if you have any questions at 781-439-2461.
Sincerely,
Susan St. Pierre
President
CC ENF Distribution List
Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs MEPA Office
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Project Name:
Street Address:
Municipality: Watershed:
Universal Transverse Mercator Coordinates: Latitude:
Longitude:
Estimated commencement date: Estimated completion date:
Project Type: Status of project design: %complete
Proponent:
Street Address:
Municipality: State: Zip Code:
Name of Contact Person:
Firm/Agency: Street Address:
Municipality: State: Zip Code:
Phone: Fax: E-mail:
With this Notice of Project Change, are you requesting:
a Single EIR? (see 301 CMR 11.06(8)) Yes No
a Special Review Procedure? (see 301CMR 11.09) Yes No
a Waiver of mandatory EIR? (see 301 CMR 11.11) Yes No
a Phase I Waiver? (see 301 CMR 11.11) Yes No
Which MEPA review threshold(s) does the project meet or exceed (see 301 CMR 11.03)?
Which State Agency Permits will the project require?
Identify any financial assistance or land transfer from an Agency of the Commonwealth, including
the Agency name and the amount of funding or land area in acres:
For Office Use Only
Executive Office of Environmental Affairs
MEPA Analyst:
Phone: 617-626- 1RWLFHRI3URMHFW&KDQJH
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was a Draft EIR filed? Yes (Date: ) No
was a Final EIR filed? Yes (Date: ) No
was a Single EIR filed? Yes (Date: ) No
Have other NPCs been filed? Yes (Date(s): ) No
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If the project requires the submission of an EIR, are you requesting a change to a Scope in a
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Are you requesting a finding that this project change is insignificant? A change in a Project is
ordinarily insignificant if it results solely in an increase in square footage, linear footage,
height, depth or other relevant measures of the physical dimensions of the Project of
less than 10% over estimates previously reviewed, provided the increase does not meet
or exceed any review thresholds. A change in a Project is also ordinarily insignificant if it
results solely in an increase in impacts of less than 25% of the level specified in any
review threshold, provided that cumulative impacts of the Project do not meet or exceed
any review thresholds that were not previously met or exceeded. (see 301 CMR
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Total site acreage
Acres of land altered
Acres of impervious area
Square feet of bordering vegetated
wetlands alteration
Square feet of other wetland alteration
Acres of non-water dependent use of
tidelands or waterways
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Gross square footage
Number of housing units
Maximum height (in feet)
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Vehicle trips per day
Parking spaces
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Gallons/day (GPD) of water use
GPD water withdrawal
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Length of water/sewer mains (in miles)
Does the project change involve any new or modified:
1. conversion of public parkland or other Article 97 public natural resources to any purpose
not in accordance with Article 97? <HV1R
2. release of any conservation restriction, preservation restriction, agricultural
preservation restriction, or watershed preservation restriction? <HV1R
3. impacts on Rare Species"<HV1R
4. demolition of all or part of any structure, site or district listed in the State Register of
Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth?
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352-(&7&+$1*('(6&5,37,21 (attach additional pages as necessary). The project change
description should include:
(a) a brief description of the project as most recently reviewed
(b) a description of material changes to the project as previously reviewed,
(c) if applicable, the significance of the proposed changes, with specific reference to the
factors listed 301 CMR 11.10(6), and
(d) measures that the project is taking to avoid damage to the environment or to minimize
and mitigate unavoidable environmental impacts. If the change will involve modification of any
previously issued Section 61 Finding, include a draft of the modified Section 61 Finding (or it will
be required in a Supplemental EIR).
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Attachments:
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2. Plan showing most recent previously-reviewed proposed build condition
3. Plan showing currently proposed build condition
4. Original U.S.G.S. map or good quality color copy (8-1/2 x 11 inches or larger) indicating the
project location and boundaries
5. List of all agencies and persons to whom the proponent circulated the NPC, in accordance with
301 CMR 11.10(7)
Signatures:
Date Signature of Responsible Officer Date Signature of person preparing
or Proponent NPC (if different from above)
Name (print or type) Name (print or type)
Firm/Agency Firm/Agency
Street Street
Municipality/State/Zip Municipality/State/Zip
Phone Phone
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Notice of Project Change - 2 Bridge Street, Salem, MA EEA 16439
6
1.Description of Project Proposed in Environmental Notification Form (ENF) Filed
September 15, 2021
The Project proposed in the September 15, 2021 ENF filing involved the renovation and re-use of an 891
square foot (SF) portion of the existing building located at 2 Bridge Street for cannabis retail use (see
Figure 1 Locus Map and Figure 2 Aerial View). The area proposed for re-use was located in the
southwest portion of the building adjacent to the parking lot. The remainder of the building was
proposed to remain vacant and secure until a tenant was found. The cannabis retail use required 6 of
the 19 existing parking spaces. The project also proposed removal of an existing shed and planting salt
tolerant species under the shed (see Figure 3 ENF Site Plan on following page).
2.Proposed Project Change
The Proposed Project Change involves utilizing the entire building with additional uses and site
improvements as discussed below and shown on Figure 4. These proposed uses increase traffic and
sewer generation and water consumption as indicated in the Notice of Project Change Summary of
Project Change Parameters and Impacts Table and also improve the public realm along this waterfront
property.
Building Use: The Project now proposes to utilize the entire building including the basement as follows:
Main (ground) floor program
x Cannabis retail (1,035 square feet)
x Charter boat operation (850 square feet)
x Restaurant (20 seat/2,020 square feet)
Basement
x Cannabis cultivation (2,400 square feet)
Site Improvements: The following additional site improvements are proposed as part of the Notice of
Project Change.
Existing Shed: As noted in the ENF, an existing 160 square foot shed will be removed and the area
under the shed planted with salt tolerant species. The area proposed to be planted with salt tolerant
species has been expanded to include a hardpack grass area west of the shed.
Waterfront Walkway: There is an existing 5 foot wide, 100 foot+/- long ramp that extends from the
building entrance on Bridge Street down along the southern and eastern ends of the building where
it terminates at the lower portion of the site. A 5 foot wide by 9 foot long stone dust path is
proposed to extend from the terminus of the ramp to a proposed 10 foot wide by 99+/- foot long
stone dust waterfront walkway to provide accessible public access along the majority of the
shoreline. The waterfront walkway will terminate at a set of proposed crushed stone steps that will
allow non-accessible pedestrian passage to and from the upper level parking lot. See Figure 4.
Notice of Project Change - 2 Bridge Street, Salem, MA EEA 16439
9
7.
Figure 1 Project Locus
Notice of Project Change - 2 Bridge Street, Salem, MA EEA 16439
10
Figure 2 Aerial View
Notice of Project Change - 2 Bridge Street, Salem, MA EEA 16439
11
Figure 3 ENF Site Plan
ENF Proposed
Cannabis Retail
Facility
Notice of Project Change - 2 Bridge Street, Salem, MA EEA 16439
12
Figure 4 Notice of Project Change Site Plan
Notice of Project Change - 2 Bridge Street, Salem, MA EEA 16439
13
Figure 5 Floating Docks
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
Kathleen A. Theoharides
SECRETARY
Tel: (617) 626-1000
Fax: (617) 626-1181
http://www.mass.gov/eea
October 22, 2021
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
ON THE
ENVIRONMENTAL NOTIFICATION FORM
PROJECT NAME : Witch City Gardens
PROJECT MUNICIPALITY : Salem
PROJECT WATERSHED : North Coastal
EEA NUMBER : 16439
PROJECT PROPONENT : Witch City Gardens, LLC
DATE NOTICED IN MONITOR : September 22, 2021
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 includes the renovation
and reuse of an 891-square foot (sf) of an existing 3,993-sf building formerly used as a restaurant. The
renovated portion of the building will be used as a cannabis retail store. The project will use six of the
existing 19 parking spaces adjacent to the building. An approximately 160-sf shed adjacent to the
building will be demolished and the area replanted with salt-tolerant native vegetation and an
approximately 40-sf area of pavement between the parking area and the shed will be removed and
replaced with pervious pavers.
Project Site
EEA# 16439 ENF Certificate October 22, 2021
2
The 0.44-acre (19,166 sf) project site is located at the northern boundary of Salem on a peninsula
surrounded by Beverly Harbor. The site is bordered by the Salem-Beverly Bridge (Route 1A) to the
west, Bridge Street to the south, Remond Park to north and a pet grooming facility to the east. A parcel
of land along the shoreline owned by the City of Salem separates the site from the harbor. Structures
located on the site include the existing 3,993-sf building with attached ramp and deck, an outdoor patio,
a small shed and a paved parking lot with 19 spaces. The first floor of the building and parking lot are
located at elevation 17 ft NAVD 88 and the patio adjacent to the shoreline is approximately six feet
lower. A concrete landing is located on the shoreline and is used to support a seasonal ramp and floating
dock.
Approximately 0.23 acres of the project site, including the location of the proposed cannabis
retail shop, is located on filled tidelands. Coastal Bank and Land Under the Ocean (LUO) wetland
resource areas associated with Beverly Harbor are located on the City-owned parcel adjacent to the
shoreline. According to the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate
Map (FIRM) number 25009C0417G (effective July 16, 2014), approximately one-third of the site (5,163
sf) is located within the 100-year floodplain (Zone AE) with a Base Flood Elevation (BFE) of 10 feet
North American Vertical Datum of 1988 (NAVD 88).
As indicated in the ENF, the project site is located within an Environmental Justice (EJ)
population designated as Minority and within one mile of EJ populations designated Income and
Minority and Income. According to the ENF, the project is not expected to have adverse impacts on EJ
populations because it involves reuse of an existing building and will have minimal off-site traffic
impacts associated with an increase of 226 adt. The Proponent will develop a project summary sheet
with Spanish translation that will be distributed to residents in the surrounding EJ populations.
Environmental Impacts and Mitigation
The project involves a nonwater-dependent use (cannabis retail) of an 891-sf portion of an
existing building on filled tidelands. This portion of the building is subject to M.G.L. c. 91 licensing due
to a change from its former use as a restaurant. The project will generate 226 average daily trips, use 55
gallons per day (gpd) of water and generate 50 gpd of wastewater.
Measures to minimize and mitigate environmental impacts include reducing impervious area by
approximately 200 sf, removing a 160-sf shed and restoring the area with native plantings and providing
public access to the waterfront along an existing ramp and patio area. Six bicycle parking spaces will be
provided for employees.
Jurisdiction and Permitting
This project is subject to MEPA review and requires an ENF pursuant to 301 CMR
11.03(3)(b)(5) because it involves a New nonwater-dependent use of tidelands. The project requires a
License from the Massachusetts Department of Environmental Protection (MassDEP) pursuant to
M.G.L. Chapter 91 (c. 91) and the Waterways Regulations (310 CMR 9.00). It requires approval by the
Cannabis Control Commission to change the location of a licensed facility.
EEA# 16439 ENF Certificate October 22, 2021
3
The project may require an Order of Conditions from the Salem Conservation Commission. The
seasonal dock will require a permit from the Salem Harbormaster pursuant to M.G.L. c. 91, Section
10A.
Because the Proponent is not seeking Financial Assistance from the Commonwealth for the
project, MEPA jurisdiction extends to those aspects of the project that are within the subject matter of
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, a discussion of project
alternatives and project plans, and identified measures to avoid, minimize and mitigate project impacts.
The ENF did not specifically identify any climate resiliency measures incorporated into the project
design; however, the project is limited to the reuse of an existing building and does not propose any new
structures. The Massachusetts Office of Coastal Zone Management (CZM) recommends that in the
short-term, the Proponent consider flood-proofing the lower levels of the building and to plant native,
salt-tolerant species across the entire seaward edge of the site to reduce the velocity of floodwaters and
minimize erosion.
Alternatives Analysis
The ENF reviewed No Build and New Building Alternatives. The No Build Alternative would
leave the existing building in its current unused condition. The site would continue to generate no
vehicle trips, but the benefits associated with the project, including public access and a reduction of
impervious area, would not be provided. The New Building Alternative would involve demolishing the
existing building and constructing a new building within which the proposed use would be located. This
alternative would cause temporary impacts associated with demolition and construction activities. A
new building would be constructed further away from the shoreline to meet c. 91 requirements that
prohibit construction of new buildings for nonwater-dependent use within the Water-dependent Use
Zone (WDUZ); the WDUZ is established on a site-specific basis but is a minimum of 25 ft from the
project shoreline. According to the ENF, in order to comply with the WDUZ requirement, the New
Building Alternative would require construction of a new building that is smaller than the existing
building, which would be economically infeasible for the Proponent.
The Preferred Alternative will minimize impacts by reusing the existing building and parking
area, which will avoid the need to construct any new structures. As discussed below, the proposed retail
use is allowed under the c. 91 regulations (which prohibit nonwater-dependent uses within 100 feet of
the shoreline unless they quality as “Facilities of Public Accommodation”) because it is open to the
public. The project will provide public access to the waterfront, reduce impervious area and restore the
area occupied by a shed with natural plantings.
Chapter 91/Tidelands
According to the ENF, the fill and a portion of the existing building were authorized by c. 91
License Numbers 1470 (issued in 1933) and 1773 (issued in 1936). The remainder of the building is
EEA# 16439 ENF Certificate October 22, 2021
4
considered to be grandfathered because it is located on authorized filled tidelands and it has been in
existence prior to January 1, 1984, and therefore would not require licensing but for the change in use
proposed by the project. According to MassDEP, if the deck around the building was constructed after
1984 it would not be considered to be a grandfathered structure would have to be licensed through a
Variance.
According to MassDEP, the cannabis retail store is a nonwater-dependent use that is categorized
as a Facility of Public Accommodation (FPA) because it is open to the general public. The use therefore
may be permitted pursuant to the Waterways Regulations, which prohibit nonwater-dependent uses
within 100 feet of the shoreline on filled tidelands unless the use is an FPA. The project must provide a
publicly-accessible walkway within the WDUZ. According to the Proponent, a walkway along the
entire WDUZ is possible only along the shoreline north and northwest of the building due to the steep
grades at the southwest end of the site; as a result a walkway loop around the site is not possible. During
the c. 91 review, MassDEP will confirm the dimension of the WDUZ and require that the Proponent
demonstrate that a walkway loop is not feasible.
Wetlands
Activities within LSCSF and the Buffer Zone to Coastal Bank include removal of a 160-sf shed,
restoration of the footprint of the shed with native salt-tolerant plants and replacement of a 40-sf section
of paved walkway with pervious pavers. The Proponent also intends to continue to maintain a seasonal
ramp and floating dock system. According to the ENF, removal of impervious area will improve
stormwater management conditions at the site an no additional changes to the existing drainage system
are proposed. The Proponent will consult with the Salem Conservation Commission to determine
whether the project requires the filing of a Request for a Determination of Applicability (RDA) or a
Notice of Intent (NOI). According to MassDEP, it is likely that the Proponent will be required to submit
an NOI for this project due to direct disturbance to LSCSF caused by removal of the shed, proposed
plantings and replacement of the asphalt walkway with pervious pavers, and impacts to Coastal Bank,
LUO and potentially Coastal Beach and Salt Marsh associated with the seasonal dock. The Salem
Conservation Commission will review the project’s compliance with the Wetlands Protection
Regulations (310 CMR 10.00) with respect to wetlands impacts and mitigation measures and stormwater
management.
Construction
The Proponent should review MassDEP’s comment letter for guidance on regulations addressing
construction and demolition (C&D) activities, including handling and disposal of asbestos-containing
material (ACM). All construction and demolition (C&D) activities should be managed in accordance
with applicable MassDEP’s regulations, including the Air Pollution Control regulations at 310 CMR
7.09 and 310 CMR 7.15 and the Solid Waste Management regulations at 310 CMR 19.061. I encourage
the Proponent to reuse or recycle C&D debris to the maximum extent. The project should include
measures to reduce construction period impacts (e.g., noise, dust, odor, solid waste management)
and emissions of air pollutants from equipment, including anti-idling measures in accordance with the
Air Quality regulations (310 CMR 7.11). I encourage the Proponent to require that its contractors use
construction equipment with engines manufactured to Tier 4 federal emission standards, or select project
contractors that have installed retrofit emissions control devices or vehicles that use alternative fuels to
EEA# 16439 ENF Certificate October 22, 2021
5
reduce emissions of volatile organic compounds (VOCs), carbon monoxide (CO) and particulate matter
(PM) from diesel-powered equipment. Off-road vehicles are required to use ultra-low sulfur diesel fuel
(ULSD). If oil and/or hazardous materials are found during construction, the Proponent should notify
MassDEP in accordance with the MCP (310 CMR 40.00). All construction activities should be
undertaken in compliance with the conditions of all State and local permits.
Conclusion
Based on a review of the ENF and comments received, and in consultation with State Agencies, I
have determined that the ENF has sufficiently defined the nature and general elements of the project for
the purposes of MEPA review and described measures to avoid, minimize and/or mitigate environmental
impacts to the extent practicable. No further MEPA review is required.
October 22, 2021 _____________________________
Date Kathleen A. Theoharides
Comments received:
10/04/2021 Division of Marine Fisheries (DMF)
10/08/2021 Massachusetts Office of Coastal Zone Management (CZM)
10/12/2021 Massachusetts Department of Environmental Protection (MassDEP)/Northeast Regional
Office (NERO)
10/12/2021 Massachusetts Department of Environmental Protection (MassDEP)/Waterways
Regulation Program (WRP)
KAT/AJS/ajs
Agency Email Address Address
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DĞƚƌŽƉŽůŝƚĂŶWůĂŶŶŝŶŐŽƵŶĐŝů
mpillsbury@mapc.org
afelix@mapc.org
CŝƚLJŽĨ^ĂůĞŵ ŝƐŝŵŽŶƐΛƐĂůĞŵ͘ĐŽŵ
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ϵϴtĂƐŚŝŶŐƚŽŶ^ƚƌĞĞƚ
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ϵϴtĂƐŚŝŶŐŽƚŶ^ƚƌĞĞƚ
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^ĂůĞŵŽĂƌĚŽĨ,ĞĂůƚŚ
ϵϴtĂƐŚŝŶŐƚŽŶ^ƚƌĞĞƚ
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tĂƐŚŝŶŐƚŽŶ^ƚƌĞĞƚ
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ĞĞŝŵĞƌƚΛ^ĂůĞŵ͘ĐŽŵ
<ŬĞŶŶĞĚLJΛƐĂůĞŵ͘ĐŽŵ
ŚĞĂůƚŚΛƐĂůĞŵ͘ĐŽŵ
EŽƚŝĐĞŽĨWƌŽũĞĐƚŚĂŶŐĞŝƐƚƌŝďƵƚŝŽŶ>ŝƐƚ
ŶǀŝƌŽŶŵĞŶƚĂů:ƵƐƚŝĐĞ
Population
EEA Environmental Justice Director
MEPA-EJ@mass.gov
DWKĨĨŝĐĞ A
ttn: EEA EJ Director
100 Cambridge Street, Suite 900
Boston, MA 02144
KĨĨŝĐĞŽĨŽĂƐƚĂůŽŶĞ
DĂŶĂŐĞŵĞŶƚrobert.boeri@mass.gov
patrice.bordonaro@mass.gov
ŽĂƐƚĂůŽŶĞDĂŶĂŐĞŵĞŶƚ
Attn: Project Review
Coordinator 251 Causeway
Street, Suite 800 Boston, MA
02114
DMF.EnvReview-North@mass.gov DMF – North Shore
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
ŝǀŝƐŝŽŶŽĨDĂƌŝŶĞ&ŝƐŚĞƌŝĞƐ
paul.ormond@mass.gov
brendan.place@mass.gov
ĞƉĂƌƚŵĞŶƚŽĨŶĞƌŐLJZĞƐŽƵƌĐĞƐ
ƚƚŶ͗DWŽŽƌĚŝŶĂƚŽƌ
100 Cambridge Street, 10th floor
Boston, MA 02114
ĞƉĂƌƚŵĞŶƚŽĨŶĞƌŐLJZĞƐŽƵƌĐĞƐ
ĚĞƉ͘ǁĂƚĞƌǁĂLJƐΛƐƚĂƚĞ͘ŵĂ͘ƵƐ
ĞƉĂƌƚŵĞŶƚŽĨŶǀŝƌŽŶŵĞŶƚĂů
WƌŽƚĞĐƚŝŽŶ
tĂƚĞƌǁĂLJƐWƌŽŐƌĂŵ
KŶĞtŝŶƚĞƌ^ƚƌĞĞƚ͕ϲƚŚ&ůŽŽƌ
ŽƐƚŽŶ͕D2Ϭ1Ϭϴ
ĞƉĂƌƚŵĞŶƚŽĨŶǀŝƌŽŶŵĞŶƚĂů
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