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ENB - Region 2 Notices 9/2/2015

Conditioned Negative Declaration

Richmond County (Staten Island) - The New York City Planning Commission, as lead agency, has determined that the proposed 521-529 Durant Avenue 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, Birb Realty Inc., for a zoning text amendment pursuant to New York City Zoning Resolution (ZR) Section 107-06 (District Plan Appendix A) to eliminate a 13,336 square foot portion of a 25,577 square foot Designated Open Space (DOS) area located within an R3X zoning district in the Special South Richmond District (SRD) in the Great Kills neighborhood of Staten Island, Community District 3. The 13,336 square foot DOS designated area affected by the proposed text amendment includes a 2,441 square foot portion of a lot (project site) and an adjacent partially paved roadway measuring approximately 10,921 square foot. The applicant is also seeking two New York City Planning Commission Certifications pursuant to ZR Section 107-08 (Future Subdivision of Lot 62 into Lots 62, 64 and 66) and ZR Section 107-121 (Public Schools). These are ministerial actions and not subject to CEQR review. Collectively, the proposed actions would facilitate a proposal by the applicant to develop 8,382 gross square foot of residential uses (six dwelling units) and nine accessory parking spaces accessible via curb cuts at 521-529 Durant Avenue at the project site.

The project site, which measures approximately 16,669 square foot, is currently vacant. A 2,441 square foot portion of the project site is encumbered by the Designated Open Space (DOS), and a 10,921 square foot portion of the DOS is mapped on a partially paved roadway (Durant Avenue), which fronts the project site and precludes access to and from the site. The proposed text amendment would remove the DOS designated areas on and adjacent to the project site and allow for development to occur pursuant to the underlying zoning district, R3X (SRD). The remaining DOS area, which is mapped to the southeast of the project site will remain. The existing R3X (SRD) zoning district regulations permit residential (Use Group 2) and community facility uses (Use Groups 3 & 4) at a maximum Floor Area Ratio (FAR) of 0.50. The analysis year for the proposed project is 2018.

It should be noted that Durant Avenue is not a mapped street, and the applicant was previously granted a waiver to permit development fronting a non-mapped street from the Board of Standards and Appeals (BSA) on February of 2014, (Cal Nos. 287-13-A and 288-13-A).

Absent the proposed actions, the project site is expected to remain vacant.

The project is located at 521-529 Durant Avenue the Great Kills neighborhood of Staten Island, Community District 3, New York.

The conditions are:

By letter dated May 21, 2015, New York City Landmark Preservation Commission (NYC LPC) determined that the site may be archeologically significant and that further testing would be required in order to determine if the site contains Native American remains from 19th Century occupation of the project site. As such, the applicant has entered into a Restrictive Declaration which requires that prescribed archeological work be conducted in accordance with CEQR Technical Manual and NYC LPC Guidelines for Archeological Work in New York City.

The Restrictive Declaration is binding upon the property's successors and assigns. The declaration serves as a mechanism to assure the archeological testing be conducted and that any necessary mitigation measures be undertaken prior to any site disturbance (i.e., site grading, excavation, demolition, or building construction). The Restrictive Declaration was prepared in a form acceptable to the NYC LPC and Restrictive Declaration was executed on June 8, 2015 and it is expected to be submitted for future recordation with the Office of the Richmond County Clerk.

Contact: Olga Abinader, New York City Department of City Planning, 22 Reade Street Room 4E, New York, NY 10007, Phone: (212) 720-3493, E-mail:

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