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ENB - Region 2 Notices

Negative Declaration

Richmond County ( New York)

This notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law (the State Environmental Quality Review Act or SEQRA).

The New York State Office for Technology (OFT) has previously undertaken a generic environmental review under SEQRA of the Statewide Wireless Network (SWN) project and has issued a Generic Environmental Impact Statement (GEIS) and a Findings Statement (dated June 2, 2005) in this regard. OFT, as lead agency under SEQRA for the SWN, is then undertaking a Site Consistency Review for each potential SWN site. In regard to the site that is the subject of this negative declaration, OFT has performed that Site Consistency Review and has determined that the proposed action described below will not result in any significant adverse environmental impacts and a draft environmental impact statement will not be prepared.

Title of Action: Collocation of Whip Antenna for the Statewide Wireless Network

Description of Action: OFT plans to collocate a single ten foot long TxRX (whip) antenna on top of a building with pre-existing antenna collocations.

For each SWN facility, the Site Consistency Review also evaluates whether a coastal consistency assessment is required. The project is located in the Coastal Zone established by the New York State Department of State Division of Coastal Resources. Within the limits of New York City, the coastal zone is administered by the New York City Department of City Planning (New York City Planning) under the New York City Waterfront Revitalization Plan (WRP), adopted and approved by the New York State Department of State in 1999. OFT has determined that the project is consistent with the WRP.

The CAF were submitted electronically and by U.S. mail to New York City Planning on September 13, 2007. The New York City Planning did not identify any conflict between the proposed action and the WRP.

As set forth in the GEIS and Findings Statement, other potential impacts associated with this new telecommunications tower were also evaluated in the course of the generic environmental review undertaken by OFT. However, OFT's generic review of the proposed SWN did not specifically address the potential electromagnetic field exposures related to SWN transmitters collocated on buildings.

Location of the Proposed Action: Huguenot Avenue, Staten Island, New York

Reasons Supporting This Determination: The Federal Communications Commission (FCC) sets human exposure limits for all radiofrequency emissions. The "power density" of these emissions is a function of mounting height of the transmitters, the type of radiation, transmitter power, and the presence or absence of similar emissions in a proximate area. FCC's implementing regulations provide thresholds for determining whether an RF analysis is necessary. See 47 C.F.R. § 1.1307(b). The FCC thresholds apply to certain subparts of part 90 and part 101, including subparts P and S of part 90 and subparts G, L and Q of part 101. 47 C.F.R. 1.1307, Table 1.

The FCC regulations indicated that antennas to be mounted upon buildings are not subject to additional environmental study and review if they fall within certain established thresholds.

On August 21, 2007 an RF regulatory and engineering consulting firm, Sitesafe RF Compliance Experts (Sitesafe), performed an analysis to determine whether the collocation of the antenna on the existing rooftop site located at 455 Huguenot Avenue, Staten Island, New York, will be in compliance with FCC rules and regulations for RF emissions. Upon evaluation of the cumulative RF emission levels from all operators at the site, and a review of site access procedures and hazard signage, Sitesafe determined that this site will be compliant with the FCC rules and regulations and will thus require no additional environmental study and review.

In addition to the RF analysis for this facility, as noted in the Description of the Action section above, OFT performed a Site Consistency Review of this potential SWN facility and considered all potential significant environmental impacts in doing so.

Determination: Based on the Site Consistency Review performed by OFT as referenced above, including but not limited to the site-specific RF analysis performed by Sitesafe, OFT concludes that the proposed action will not result in any significant adverse visual or other environmental impacts and an environmental impact statement need not be prepared.

September 19, 2007

Hanford C. Thomas
Project Director
Statewide Wireless Network

For Further Information:

Contact Person: Hanford C. Thomas
Project Director, Statewide Wireless Network
NYS Office for Technology
Statewide Wireless Network Project Office
State Capitol, ESP
P.O. Box 2062
Albany, New York 12220-0062

Phone: (518) 486-1087
E-Mail: swn@oft.state.ny.us
Website: www.oft.state.ny.us/swn


Negative Declaration

New York County (Manhattan) - The New York City Department of City Planning, as lead agency, has determined that the proposed 35-39 East 4th Sreet will not have a significant adverse environmental impact. The action involves the request by the applicant, Atlantic Development Group, LLC, for a Special Permit pursuant to Zoning Resolution Section 74-711 (Landmark preservation in all districts) to waive use, height, and setback requirements in connection with the proposed redevelopment of a property. The project is located at 35-39 East 4th Street in the NoHo neighborhood of Manhattan Community District 2, New York City.

Contact: Adam Lynn, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3493, E-mail: A_lynn@planning.nyc.gov.


Queens County (Queens) - The New York City Department of City Planning, as lead agency, has determined that the proposed Briarwood Rezoning will not have a significant adverse environmental impact. The action involves the New York City Department of City Planning (DCP) proposal to rezone all or portions of 39 blocks in the central Queens neighborhood of Briarwood, Community District 8. The amendments to the Zoning Map are as follows:

- R3X is proposed on all or portions of 22 blocks currently zoned R3A and a portion of one
block currently zoned R4-1.

- R4-1 is proposed on portions of five blocks currently zoned R3A and R4.

- R4A is proposed on a portion of four blocks currently zoned R4-1.

- R4B is proposed on portions of five blocks currently zoned R4 and R6A.

- R4 is proposed on portions of two blocks currently zoned R6A.

- R5D is proposed on all or portions of six blocks currently zoned R4 and R6A.

The rezoning area is generally bounded on the east by Parsons Boulevard, on the west by Queens Boulevard and the Van Wyck Expressway, on the north by the Grand Central Parkway, and on the south by Hillside Avenue, in the Borough of Queens, New York.

Contact: Adam Lynn, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3493, E-mail: A_lynn@planning.nyc.gov.


Conditioned Negative Declaration

Kings County (Brooklyn) - The New York City Department of City Planning, as lead agency, has determined that the proposed Wyckoff Avenue Rezoning will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice.
The action involves the applicant, 70 Wyckoff, LLC, proposal for a zoning map amendment to change an M1-1 district to an R6B district with a C2-4 overlay. The project is located on the northern portion of two blocks at a depth of 250 feet from Wyckoff Avenue between Suydam Street to the west, Dekalb Avenue to the east, and Irving Avenue to the south in the Bushwick neighborhood of Brooklyn, Community District 4, in New York City.

The conditions are:

1. A Phase I Environmental Site Assessment (ESA) was prepared in April 1998, and is available in the proposal's CEQR file, for the property located at 70 Wyckoff Avenue in Brooklyn (Block 3221, Lot 31). The Phase I ESA was reviewed by DEP's Office of Environmental Planning and Assessment, and a Restrictive Declaration was recommended by DEP, due to the presence of hazardous materials on the site as a result of past and present on and off-site land uses.
The declaration, binding on all successors and assigns of the applicant, requires that a DEP-approved sampling protocol and a health and safety plan be implemented. DEP has determined based on the results of the approved sampling protocol that submission of a remediation plan is not necessary in connection with the current application. The declaration serves as a mechanism to assure the potential for hazardous material contamination that may exist in the sub-surface soils and groundwater on the applicant's property would be characterized prior to any site disturbance.
The restrictive declaration was executed on October 25, 2005. On December 6, 2005, the DEP confirmed, via written correspondence, that the applicant filed a DEP-approved Restrictive Declaration with the New York City Department of Finance of the City Register. The declaration was subsequently modified to require DEP approval for any future development involving change of use or soil disturbance. The modified restrictive declaration, which supersedes the previous declaration, was executed on August 22, 2007. On September 25, 2007, DEP confirmed, via written correspondence, that the applicant filed a DEP-approved Restrictive Declaration with the New York City Department of Finance of the City Register.
2. The (E) designations for hazardous materials would ensure that the proposed action would not result in significant adverse impacts related to hazardous materials.
3. The (E) designations for air quality would ensure that the proposed action would not result in significant adverse impacts related to air quality.
4. The (E) designations for noise would ensure that the proposed action would not result in significant adverse impacts due to noise.
5. The applicant has installed noise-attenuated windows meeting a 30 dB(A) threshold in connection with the conversion of the subject property, ensuring that significant adverse noise impacts would not occur.
6. No other significant adverse effects on the environment which would require an Environmental Impact Statement are foreseeable.

Contact: Adam Lynn, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3493, E-mail: A_lynn@planning.nyc.gov.


New York County (Queens) - The New York City Department of City Planning, as lead agency, has determined that the proposed 31st Street Rezoning will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves a proposal by the applicant to develop a six-story residential building containing 38 dwelling units and accessory parking for 26 vehicles in a below-grade garage at 20-14 31st Street. The proposed action includes an (E) designation for noise on the project site. The placement of the (E) designation ((E)-200) would ensure that significant noise impacts would not occur. The project is located on the eastern half of the block bounded by 20th Avenue to the north, 29th Street to the West, 21st Avenue to the South and 31st Avenue to the East in Queens Community District 1 of New York City.

The conditions are:
The applicant, Scaldafiore Realty Corporation, agrees via a restrictive declaration to prepare a hazardous materials sampling protocol including a health and safety plan, which would be submitted to the Department of Environmental Protection (DEP) for approval. The applicant agrees to test and identify any potential hazardous material impact pursuant to the approved sampling protocol and, if any such impact is found, submit a hazardous material remediation plan including a health and safety plan to DEP for approval. If necessary, remediation measures would be undertaken pursuant to the remediation plan.

Contact: Robert Dobruskin, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3628.







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