NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB - Region 2 Notices 9/5/2012

Negative Declaration

New York County (Manhattan) - The New York City Board of Standards and Appeals (NYC BSA), as lead agency, has determined that the proposed Aqua Studio will not have a significant adverse environmental impact. The action involves the NYC BSA Special Permit pursuant to ZR Section 73-36 to allow the operation of a physical culture establishment (health club) on portions of the sub-cellar, cellar, and ground floor of a five-story mixed-use building located in a C6-2A zoning district within the Tribeca East Historic District. The project is located an 78 Franklin Street in the Borough of Manhattan, New York.

Contact: Rory Levy, NYC BSA, 40 Rector Street, 9th Floor, New York, NY 10006, Phone: (212) 788-8749, E-mail: rlevy@bsa.nyc.gov.


Notice of Acceptance of Draft GEIS

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has accepted a Draft Generic Environmental Impact Statement on the proposed Hudson Square Rezoning. Copies of the Draft GEIS are available for public inspection at the office of the undersigned and online at: http://www.nyc.gov/html/dcp/html/env_review/eis.shtml. The proposal involves actions by the City Planning Commission and Council of the City of New York pursuant to Uniform Land Use Review Procedures (ULURP). A public hearing on the Draft Generic Environmental Impact Statement will be held at a later date to be announced, in conjunction with the New York City Planning Commission's citywide public hearing pursuant to ULURP. Advance notice will be given of the time and place of the hearing. Written comments on the Draft GEIS are requested and would be received and considered by the Lead Agency until the 10th calendar day following the close of the public hearing.

The action involves a proposal by the applicant, the Rector, Church-Wardens and Vestrymen of Trinity Church in the City of New York, for a zoning map amendment and a zoning text amendment. The proposed actions would create a Special Purpose zoning district (Special Hudson Square District), within the affected area, bounded generally by West Houston and Vandam Streets to the north, Avenue of the Americas and approximately 100 feet east of Varick Street to the east, Canal and Spring Streets to the south, and Hudson and Greenwich Streets to the west in the Borough of Manhattan, New York. The existing, underlying M1-6 zoning district would be retained within the special district, and modified by special district regulations. The special district would contain two subdistricts: Subdistrict A and Subdistrict B. Subdistrict A is bounded by Grand Street to the north, Avenue of the Americas to the east, Canal Street to the south, and Varick Street to the west. Subdistrict B is bounded by Dominick Street to the north, midblock between Varick and Avenue of the Americas to the east, Watts Street to the south, and the Holland Tunnel entrance to the west.

The proposed action would allow new residential development to occur in the Special Hudson Square District, with incentives to provide affordable housing, while instituting provisions to limit conversions of non-residential buildings to residential use and retain certain commercial uses. For development sites containing existing buildings with 70,000 zoning square feet or more of non-residential floor area, new residential floor area would be permitted only upon certification by the Chairperson of the New York City Planning Commission that the non-residential floor area would be replaced at a one-to-one ratio with future non-residential uses on the zoning lot. Additionally, the proposed action would create a new special permit for hotels with more than 100 rooms.

Development or enlargements of hotel uses with more than 100 sleeping units can take place provided that hotel uses are developed either: (1) pursuant to a new special permit; or (2) as-of-right upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the "residential development goal," pursuant to the provisions of New York City Zoning Resolution Section 88-11 (Residential Use) within the Special Hudson Square District, has been met (i.e. at least 75 percent of the new dwelling units projected in the environmental review have been constructed and issued certificates of occupancy).

Ground floor retail would be permitted throughout the entire special district, but to restrict so called "big box" stores, retail would be limited to 10,000 zsf of floor area per establishment on the ground floor. Food stores would be permitted with no floor area limitation. Eating and drinking establishments with dancing would be permitted only by New York City Board of Standards and Appeals (BSA) special permit.

The actions would also mandate building floor area ratio (FAR), height limit, streetwall and setback regulations throughout the special district. The proposed special district would allow non-residential development at 10 FAR and residential development at 9 FAR (bonusable to 12 FAR through the provision of affordable housing pursuant to the Inclusionary Housing Program). On wide streets, the proposed special district would restrict building heights to 320 feet. On narrow streets beyond 100 feet of their intersection with a wide street, the maximum building height would be 185 feet.

Within Subdistrict A, with frontage on three wide streets (Avenue of the Americas, Canal Street, and Varick Street), the maximum building height would be 430 ft. Maximum floor area ratio would be 9.0 FAR for residential use and 10 FAR for non-residential use. Within this subdistrict, floor space used for a public school would be exempt from the calculation of zoning floor area. Within Subdistrict B, residential development would be permitted at 5.4 FAR (bonusable to 7.2 FAR pursuant to the Inclusionary Housing Program), commercial and manufacturing at 6.0 FAR, and community facilities uses at 6. 5 FAR; and building heights would be limited to 120 feet. The purpose of the proposed actions is to create a 24 hour mixed-use neighborhood in Hudson Square by allowing residential use, promoting local retail activity while also preserving its essential commercial and industrial character.

Two reasonable worst-case development scenarios (RWCDS) were developed to reflect a range of possible development under the Proposed Action. A total of 22 projected development sites (including 5 sites owned or controlled by the Applicant), which are likely to be developed in the foreseeable future.

Under RWCDS 1, it is expected that the Applicant's projected development sites would contain a total of approximately 1.29 million gross square feet of residential use (approximately 1,517 housing units, of which 274 are anticipated to be affordable pursuant to the Inclusionary Housing Program); 81,000 gross square feet of retail use; 440,000 gross square feet of office use; and a 75,000 gross square foot (444 seat) public school. Projected development sites not controlled by the Applicant are expected to contain a total of approximately 1.58 million gross square feet of residential use (approximately 1,835 housing units, of which 405 are anticipated to be affordable pursuant to the Inclusionary Housing Program); 143,000 gross square feet of retail use; and 237,000 gross square feet of office use.

In total, on all projected development and projected enlargement sites (including the Applicant owned and non-Applicant owned sites), the Proposed Action could result in a net increase of 3,323 residential units (of which approximately 679 units, or 20 percent of the residential floor area, would be affordable pursuant to the Inclusionary Housing Program), approximately 139,583 gross square feet of retail use, 139,583 gross square feet of office use, 75,000 gross square feet of community facility (school) use, and 526 accessory parking spaces; as well as a net decrease of approximately 739,170 gross square feet of hotel use (approximately 1,126 hotel rooms), 382,010 gross square feet of other commercial space (including loft and storage space), and 63 public parking spaces. Assuming an average household size of 1.84 persons (the average household size in Manhattan Community District 2), the additional 3,323 dwelling units would add an estimated 6,113 residents to the Rezoning Area.

For environmental assessment purposes, a second RWCDS was also developed, which considers the potential development of community facility uses with sleeping accommodations (i.e., dormitories), rather than residential buildings, on certain development sites in the Rezoning Area.

Under RWCDS 2, it is expected that the Applicant's projected development sites would be developed in the same way as described in the above discussion of RWCDS 1.

Under RWCDS 2, on the projected development and projected enlargement sites (including Applicant owned and non-Applicant owned sites), the Proposed Action could result in a net increase of 2,977 residential units (of which approximately 598 units, or 20 percent of the residential floor area, would be affordable pursuant to the Inclusionary Housing Program), approximately 99,086 gross square feet of retail use, 139,583 gross square feet of office use, 329,896 gross square feet of community facility use (comprising approximately 75,000 gross square feet of school use and 254,896 gross square feet of dormitory use [approximately 773 dormitory beds]), and 456 accessory parking spaces; as well as a net decrease of approximately 739,170 gross square feet of hotel use (approximately 1,126 hotel rooms), 382,010 gross square feet of other commercial space (including loft and storage space), and 63 public parking spaces. Assuming an average household size of 1.84 persons (the average household size in Manhattan Community District 2) and 1 student per dormitory bed, the additional 2,977 dwelling units and 773 dormitory beds would add an estimated 6,249 residents to the Rezoning Area.

In addition, 17 potential development sites, considered less likely to be developed in the foreseeable future, have been identified and assessed. On these sites, new buildings could be constructed or existing buildings could be converted to residential use and/or enlarged.

The Draft GEIS also includes conceptual analyses that assess the potential environmental impacts that could result from the development of hotel uses and nightclubs within the Rezoning Area.

The Proposed Action would result in significant adverse impacts with respect to community facilities, open space; shadows; historic resources; transportation (traffic and pedestrians); and construction impacts related to transportation (traffic and pedestrians). Mitigation measures which could partially or wholly mitigate these impacts will be explored between the Draft and Final GEIS.

The analysis year for the proposed actions is 2022.

Contact: Robert Dobruskin, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3423, E-mail: rdobrus@planning.nyc.gov.


Notice of Acceptance of Final GEIS

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed West Harlem Rezoning. Copies of the Final GEIS may be obtained from the Robert Dobruskin, New York City Department of City Planning, 22 Reade Street Room 4E, New York, NY 10007, Phone: (212) 720-3423; or from Robert Kulikowski,Office of Environmental Coordination, 253 Broadway, 14th Floor, New York, NY 10038, Phone: (212) 788-9956. The online version of the Final GEIS is also available online at the NYC Department of City Planning's website: http://www.nyc.gov/html/dcp/html/env_review/eis.shtml.

The action involves a request by the applicant, the New York City Department of City Planning (NYC DCP), for a zoning map and zoning text amendments, including:

(1) Zoning map amendments to:

  • Replace the existing R7-2, R8, C8-3 and M1-1 zoning districts within the proposed rezoning area with R6A, R7A, R8A, C6-3X and M1-5/R7-2 districts;
  • Establish Special Mixed Use District (MX 15);
  • Map new commercial overlays along portions of West 155th Street, West 145th Street and Hamilton Place to promote and better support local retail development; and

(2) Zoning text amendments to:

  • Apply the Inclusionary Housing Program to C6-3X (R9X equivalent zoning district) and R8A zoning districts located along West 145th Street between Broadway and Amsterdam Avenue;
  • Establish Special Mixed Use District 15 (MX 15) in West Harlem;
  • Require all R8 districts north of West 125th Street within Manhattan Community District 9 to be developed pursuant to the R8 Quality Housing Program.

The Proposed Action is intended to preserve the existing context and scale of the residential neighborhood while allowing modest residential growth where appropriate.

The Proposed Action would also physically and economically activate an existing manufacturing area to expand and enhance future job creation and promote mixed use development. Furthermore, the Proposed Action would strengthen the West 145th Street corridor by expanding future development opportunity while providing incentives for affordable housing through the Inclusionary Housing Program.

A reasonable worst-case development scenario (RWCDS) for development associated with the Proposed Action has been identified. For environmental assessment purposes, projected developments, considered likely to occur in the foreseeable future, i.e., an approximate ten-year period following the adoption of the Proposed Action, are expected to occur on 22 sites, and potential developments, which are considered possible but less likely, have been identified for 16 additional sites. The Proposed Action would allow for the development of new uses and higher densities at the projected and potential development sites. The analysis year for the proposal is 2021.

The Proposed Action could result in a net increase of up to approximately 569 residential units (82 of which are affordable units pursuant to the Inclusionary Housing program), approximately 130,520 gross square feet of new retail uses, 80,854 gross square feet of office and 295,160 gross square feet of community facilities uses as compared to the No-Action condition.

The West Harlem Rezoning Final EIS identifies significant adverse impacts related to Historic and Cultural Resources, Shadows, Transportation and Construction (related to traffic and historic and cultural resources). The Final EIS identifies measures that fully mitigate the significant adverse Transportation impacts and impacts on Traffic during Construction.

The Proposed Action could result in significant adverse impacts due to potential partial or complete demolition of one eligible resource on projected development sites 14 and 40 (the former Bernheimer & Schwartz Pilsener Brewing Company complex), which is calendared for consideration by LPC for designation as a landmark, and was heard previously on 7/15/91 and 10/29/91. This impact cannot be completely eliminated, and it would therefore constitute an unavoidable significant adverse impact on this historic resource as a result of the Proposed Action.

The Proposed Action could result in a significant shadows impact cast from projected development site 40 onto St. Mary's Episcopal Protestant Church. The New York City Department of City Planning, in accordance with Chapter 9, "Historic and Cultural Resources", Sections 520 through 521.2 of the CEQR Technical Manual (2012), has determined that there are no feasible or practicable mitigation measures that can be implemented to mitigate this impact, and the Proposed Action's significant adverse shadows impact on St. Mary's Protestant Episcopal Church therefore remains unmitigated.

The traffic impact analysis indicates that the potential for impacts exists at five intersections (West 125th Street and St. Nicholas Avenue, West 126th Street and Amsterdam Avenue, West 126th Street and Morningside Avenue, West 127th Street and Morningside/Convent Avenues, West 125th Street and Amsterdam Avenue). All of these impacts could be fully mitigated through a combination of standard signal timing changes and changes to curbside parking regulations without any additional significant adverse impacts to pedestrian or parking conditions.

Inadvertent construction-related damage could potentially occur to four eligible resources as a result of the Proposed Action. The four eligible resources include: the residences at 2-14 Convent Avenue (S/NR eligible), as a result of construction on projected development site 15; the S/NR-eligible St. Joseph's Roman Catholic Church complex, as a result of construction on projected development site 19 and part of projected development site 18; the LPC-eligible Engine Co. 23 building, as a result of construction on potential development site 30; and the LPC-eligible Upper Riverside Drive historic district, as a result of construction on potential development site 56 and projected development site 5. If these eligible resources are designated in the future prior to the initiation of construction, TPPN 10/88 would apply and indirect significant adverse impacts resulting from construction would be avoided. Should they remain undesignated however, the additional protective measures of TPPN 10/88 would not apply, and significant adverse construction-related impacts would not be mitigated.

It is likely that some or all of the five intersections impacted under the Proposed Action in 2021 (as described above) could also potentially be impacted in the 2016 construction analysis year. It is anticipated that implementation of mitigation measures described above would also be effective at fully mitigating potential impacts from the combination of construction and operational traffic.

The project is located within approximately a 90 block area in the West Harlem neighborhood of Manhattan Community District 9, New York. It is bounded generally by West 126th Street to the south, West 155th Street to the north, Edgecombe, Bradhurst, Convent Avenues to the east and Riverside Drive to the west.

Contact: Robert Dobruskin, New York City Department of City Planning, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3423, E-mail: rdobrus@planning.nyc.gov.


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions