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ENB - Region 2 Notices 4/3/2013

Public Notice

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from Heritage Housing Developers LLC for a site known as the Former Henry B. Nevins Ship Yard, site ID C203069. This site is located in the Bronx at 222 City Island Avenue, within Bronx County. Comments regarding this application must be submitted no later than May 3, 2013. Information regarding the site, the application, and how to submit comments can be found at: http://www.dec.ny.gov/chemical/60058.html or send comments to: Ralph Keating, NYS DEC - Division of Environmental Remediation, Bureau B, 625 Broadway, Floor 12, Albany, NY 12233-7016, Phone: (518) 402-9768, E-mail: rxkeatin@gw.dec.state.ny.us.

To have information such as this notice sent right to your e-mail, sign up with county e-mail listservs available at: www.dec.ny.gov/chemical/61092.html .


Negative Declaration

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed Manhattan Core Parking Text Amendment will not have a significant adverse environmental impact. A revised Negative Declaration, issued on March 18, 2013, supersedes the Negative Declaration that was issued for the above referenced project on November 5, 2012. The revised Negative Declaration reflects the modification to the zoning text amendment as proposed by the City Planning Commission in response to public input during the ULURP process.

The proposed action would modify Article I, Chapter 3 of the New York City Zoning Resolution (ZR) by deleting Sections 13-00 through 13-562 and replacing it with new text as Sections 13-00 through 13-464; the Long Island City regulations would be moved to Article I, Chapter 6 (as Sections 16-01 through 16-352); and, where germane, other parking-related ZR sections would be modified to update cross-references (e.g., special districts).

The proposed zoning text amendment addresses trends in parking development since 1982 and seeks to update the regulations as follows: a) permit all new as-of-right accessory parking to operate as public; b) replace existing applicable special permits that lack sufficient findings with four new special permit processes in which applicants may demonstrate the need for parking above the permitted as-of-right ratios; c) allow, by authorization, the elimination of parking spaces required prior to the date of enactment; d) exempt vehicular access ramps, pedestrian access ways and mechanical space from the allowable floor area calculation; e) define guidelines for automated parking facilities; f) establish design guidelines for off-street parking facilities to ensure pedestrian and vehicular safety; g) increase the number or spaces allowed for storage of rental cars in dedicated facilities and public parking garages; and, h) increase commercial vehicle parking allowances in public parking facilities.

In response to public input during the ULURP process, the City Planning Commission has proposed modifications to the zoning text amendment. Those modifications consist of the changes, as follows:

  • Clarify that for automated parking facilities, the term "tray" refers to the vehicular support device in both pallet and pallet-less systems.
  • Add minimum dimensions to reservoir spaces.
  • Specify required surface area in parking facilities for elevated spaces in stackers of 153 square feet per space.
  • Include consideration of mass transit facilities in the determination of whether entrances and exits to parking facilities would interfere with pedestrian traffic flow, as part of the authorization for a limited increase in parking spaces for existing buildings without parking.
  • Add traffic congestion finding to the authorization for a limited increase in parking spaces for existing buildings without parking.
  • The special permits for additional parking spaces above the as-of-right amounts are reorganized for clarity.
  • The method of calculating the number of additional parking spaces that may be permitted by special permit in an existing facility, without needing to demonstrate that the findings are met relating to residential growth; health care, arts or public assembly uses; economic development uses; or large-scale developments, is clarified.
  • Stipulate in the special permits for additional parking spaces that existing facilities which are increasing the amount of spaces within their facility do not need to comply with the screening provisions that a new development would.
  • Include consideration of mass transit facilities in the determination of whether entrances and exits to parking facilities would interfere with pedestrian traffic flow, as part of the special permits for additional parking spaces.
  • Add traffic congestion finding to the special permits for additional parking spaces.
  • Add that, for the special permits for additional parking spaces, the Commission may take into account levels of vacancy in existing off-street parking facilities in the area of a proposed parking facility when granting the number of proposed spaces.
  • Clarify the applicability of the transparency requirement for above-grade parking facilities where the building is located in a flood zone or has multiple street frontages, and that the ground floor use and transparency requirements do not override any pre-existing transparency regulations in underlying zoning or Special District.
  • Recognize C4-4A, C4-2F and M1-1 districts within the Manhattan Core as affected by the proposal. These districts, mapped primarily on the Lower East Side, between West 63rd Street and West 66th Street west of West End Avenue, and along the waterfront at East 23rd Street were unintentionally omitted from eligibility for a special permit for a public parking lot or garage (Section 13-562) in the existing Manhattan Core parking regulations zoning text; the modified proposal corrects this inadvertent omission.
  • Other minor changes including updated cross references to improve zoning text clarity.

    These modifications do not alter the conclusions of the environmental review and are not expected to result in additional environmental impacts.

The project is located in the entirety of Manhattan Community Districts 1 through 8, New York, except for Governor's Island in Community District 1, and Roosevelt Island in Community District 8 (i.e., Manhattan below 110th Street on the west side and below 96th Street on the east side).

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


Positive Declaration and Public Scoping

Bronx County (Bronx) - The New York City Planning Commission, as lead agency, has determined that the proposed 606 West 57th Street may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. Written comments on the draft scope will be accepted until May 6, 2013. A public scoping session will be held on April 6, 2013 at 10:00 a.m. at the Spector Hall, at the New York City Department of City Planning, 22 Reade Street, New York, NY 10007. Copies of the Draft Scope of Work and the Environmental Assessment Statement may be obtained from Robert Dobruskin,New York City Department of City Planning, Environmental Assessment and Review Division, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3423; or from Robert Kulikowski, Office of Environmental Coordination, 100 Gold Street, 2nd Floor, New York, NY 10038, Phone: (212) 788-2937. The Draft Scope of Work and scoping protocol will also be made available for download at: www.nyc.gov/planning.

The action involves proposal by the applicant, 606 West 57 LLC, is proposing a zoning map amendment from M1-5 and M2-3 to C4-7 affecting a portion of a block located within the Clinton neighborhood of Manhattan, Community District 4 (Block 1104, Lots 25, 29, 31, 36, 40, 44 and 45), New York. In addition, the proposed actions include:

  1. A zoning text amendment pursuant to Zoning Resolution (ZR) §§ 23-933, 96-34 and Appendix F to designate the Rezoning Area an Inclusionary Housing designated area and to provide in the Rezoning Area:
    (i) A maximum of 12.0 FAR only through the provision of lower-income housing (with a limited amount of commercial uses above the ground floor being added to the base FAR of 9) and
    (ii) Automobile showrooms and automobile repair as a permitted use.
    It should be noted that the applicant may consider alternative mechanisms for providing inclusionary housing.
  2. An authorization pursuant to ZR §13-553 to permit a curb cut on a wide street;
  3. A special permit pursuant to ZR §§13-562 and 74-52 to permit a public parking garage for up to 550 cars.

The proposed actions would facilitate a proposal by the applicant to develop an approximately 1.2 million gross square foot mixed use structure, including 1,189 dwelling units (238 of which would be affordable pursuant to the Inclusionary Housing Program), 42,000 gross square feet of commercial uses and a 550-space below-grade parking garage on the applicant-owned site.

Under the proposed actions, a range of new development could occur within the affected area and therefore, two Reasonable Worst Case Development Scenarios (RWCDS) analysis frameworks, referred to as the "Proposed Project" and "Mixed Use RWCDS", were identified for analysis purposes. As identified below, the "Proposed Project" analysis framework maximizes residential uses while the "Mixed Use RWCDS" analysis framework contains a mix of residential, hotel and commercial uses. In both scenarios, the applicant controlled lots (31, 40, 44 and 45) are collectively referred to as "Development Site 1" and the non-applicant owned lots (25 and 29) that are projected to be redeveloped under the proposed action, are referred to as "Development Site 2." Lot 36, the remaining lot in the rezoning area, is not projected for development in either scenario and would remain in its current conditions.

Per the "Proposed Project" analysis framework, Development Site 1 is projected to be developed with an approximately 1.2 million gross square feet mixed use structure containing 1,189 dwelling units (238 of which would be affordable pursuant to the Inclusionary Housing Program), 42,000 gross square feet of commercial uses and a 550-space below-grade parking garage. Development Site 2 is projected to contain 117,612 gross square feet of hotel uses (181 hotel rooms).

Under the "Mixed Use RWCDS" analysis framework, Development Site 1 is projected to be improved with an approximately 1.2 million gross square feet mixed use building containing 848 dwelling units (170 of which would be affordable pursuant to the Inclusionary Housing Program), 185,000 gross square feet of hotel uses (285 hotel rooms), 110,000 gross square feet of commercial uses, 30,000 gross square feet of medical office uses and a 550 space below-grade parking garage. Development Site 2 is projected to be developed with a 117,612 gross square feet hotel (181 hotel rooms).

The affected area is currently zoned M2-3, with the exception of the southern portions of Lots 40, 44 and 55, which are zoned M1-5. M2-3 districts allow manufacturing and commercial uses up to a maximum FAR of 2.0. M1-5 districts allow manufacturing and commercial uses up to a maximum FAR of 5.0 and community facilities up to 6.5 FAR by special permit. Accessory signage of various sizes is permitted in both M1 and M2 zoning districts; residential uses are not allowed. The proposed C4-7 zoning district allows commercial uses up to 10.0 FAR (and a 20% FAR bonus with the provision of a public plaza). C4-7 districts also allow residential uses up to 10.0 FAR as well as a bonus of up to 2.0 additional FAR pursuant to the Inclusionary Housing Program.

The entire affected area is located in the Special Clinton District "Other Area" (Northern Subarea C1), established in the Zoning Resolution to preserve the community's existing mixed-uses while permitting new construction in character with the existing scale of the Clinton neighborhood.

Currently, the four lots comprising the applicant-owned site (Lots 31, 40, 44 and 45) are developed with commercial uses. Lot 31 contains a 21,800 gross square feet structure utilized for auto repair, sales and related services. Lot 40 contains an approximately 39,000 gross square feet structure containing auto related uses. Lot 44 contains a 1,000 space, four-story parking garage; lot 55 includes an approximately 3,500 gross square feet one-story auto repair structure. The three remaining sites (Lots 25, 29 and 36) are developed with commercial and automotive related uses. Lots 25 and 29 each contain office buildings, measuring approximately 16,200 gross square feet and 30,670, gross square feet respectively. Lot 36 contains an approximately 12,000 gross square feet office building with ground floor retail.

The Draft Scope of Work identifies one alternative that will be analyzed in the Environmental Impact Statement, the No Action Alternative. Additional alternatives that reduce project-related significant adverse impacts while substantively meeting the goals and objectives of the proposed actions may be identified at a later date.

Absent the proposed actions, the affected area would remain in its existing conditions.

The analysis year for the proposed action is 2017.

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


Bronx County (Bronx) - The New York City Planning Commission, as lead agency, has determined that the proposed East Fordham Road Rezoning may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. Written comments on the draft scope will be accepted Until May 10, 2013. A public scoping session will be held on April 30, 2013 at 10:00 a.m. at the New York City Department of City Planning, Bronx Office, One Fordham Plaza 5th Floor, Bronx, NY 10458. Copies of the Draft Scope of Work and the Environmental Assessment Statement may be obtained from Robert Dobruskin,New York City Department of City Planning, Environmental Assessment and Review Division, 22 Reade Street, Room 4E, New York, NY 10007, Phone: (212) 720-3423; or from Robert Kulikowski, Office of Environmental Coordination, 100 Gold Street, 2nd Floor, New York, NY 10038, Phone: (212) 788-2937. The Draft Scope of Work and scoping protocol will also be made available for download at: www.nyc.gov/planning.

The action involves a proposal by the applicant, The New York City Department of City Planning (NYC DCP) for zoning map and text amendments, to facilitate commercial, residential and community facility development, preserve existing neighborhood character, reinforce the existing commercial character and promote an active, vibrant streetscape on twelve partial blocks in the Belmont neighborhood of Bronx, Community District 6. The proposed action would rezone all or portions of Blocks 3059, 3066, 3067, 3077, 3078, 3091, 3115 and 3273 from the current C8‐1, R6, R6/C2-3 and R6/C2-4 to C4-5D, R6 and R6B districts, map C2‐4 commercial overlays and make the Inclusionary Housing Program (IH) zoning regulations applicable in the proposed C4-5D district. The rezoning area comprises approximately 887,187 square feet covering 157 lots.

The affected area is currently zoned C8-1, R6, R6/C2-3 and R6/C2-4, C8-1 districts are general service districts that allow commercial and community facility uses in Use Groups 4 through 14 and 16. Residential uses are not permitted. The maximum commercial (FAR) is 1.0. Community facility uses are permitted a maximum FAR of 2.4. R6 districts typically result in developments between three and twelve stories. Residential FAR ranges from 0.78 to 2.43, with the higher ratio applicable to buildings that provide more open space. Community facility uses are permitted a maximum FAR is 4.8. Residential development under the Quality Housing Program within an R6 District has a maximum FAR of 2.2 on narrow streets and a maximum of 3.0 FAR on wide streets. C2- districts permit Use Groups 1 through 9 and 14. When C2 commercial overlay districts are mapped with R6 residential districts the maximum commercial FAR is 2.0 with commercial uses limited to one or two floors in a mixed use building and always located below residential uses.

The rezoning area contains a mix of uses and building types. Along East Fordham Road between Bathgate Avenue and Crotona is characterized by 1-3 story developments. The uses range from gas/service stations, small retail establishments and medical-related facilities. Residential uses are concentrated north of East Fordham Road along East 191st Street and south of East Fordham Road. East 191st Street is characterized by 2-3 story row houses and small apartment buildings. South of East Fordham Road is characterized by small apartment buildings ranging in height from 4-6 stories. Residential buildings with ground floor retail are concentrated along Arthur Avenue.

The proposed C4-5D zoning district is a medium density commercial district, which permits Use Groups 1-6, 8-10 and 12 as-of-right. Under the Inclusionary Housing program, C4-5D zoning districts have a base FAR of 4.2 and a maximum FAR of 5.6. R6 districts typically result in developments between three and twelve stories. Residential FAR ranges from 0.78 to 2.43, with the higher ratio applicable to buildings that provide more open space. Community facility uses are permitted a maximum FAR is 4.8. R6B is a typical row house district that permits residential and community facility uses up to a maximum FAR of 2.0. Building base heights must be between 30 and 40 feet, with a 50 foot maximum building height after a setback of 15 feet. C2-4 commercial districts permit Use Groups 1 through 9 and 14. The maximum permitted FAR is 2.0 for all commercial uses.

The Proposed Action also involves a Zoning Text Amendment to establish the Inclusionary Housing program in the C4-5D district within the proposed rezoning area in Community District 6, the Bronx. The analysis year for the proposed action is 2023.

In order to avoid significant impacts related to hazardous materials.

The project is bounded by East 191st street to the north, East 187th street to the south, Southern Boulevard to the east and Bathgate Avenue to the west in the Belmont neighborhood of Bronx, Community District 6, New York.

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


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