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ENB - Region 2 Notices 6/1/2016

Public Notice

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from 23rd and 11th Associates, L.L.C. for a site known as 555 West 22nd Street, site ID #C231101. This site is located in the City of New York, within the County of New York, and is located at 555 West 22nd Street. Comments regarding this application must be submitted no later than July 1, 2016. A copy of the application and other relevant documents are available at the document repository located at: Manhattan Community Board Four, 330 West 42nd Street, 26th Floor, New York, NY 10036. Information regarding the site and how to submit comments can be found at: http://www.dec.ny.gov/chemical/60058.html or send comments to: Caroline Eigenbrodt, NYS DEC - Division of Environmental Remediation, 625 Broadway, Floor 12, Albany, NY 12233-7016, Phone: (518) 402-9767, E-mail: caroline.eigenbrodt@dec.ny.gov.

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.


Notice of Public Comment Period

2016 Newtown Creek Combine Sewer Overflow (CSO), Enhanced Aeration Modification to Order on Consent between the City of New York and the New York City Department of Environmental Protection (NYC DEP) and the New York State Department of Environmental Conservation (NYS DEC), DEC Case # CO2-20110512-25, a.k.a. NYC CSO Order.

Counties: New York (Manhattan), Richmond (Staten Island), Kings (Brooklyn), Bronx and Queens

Lead Agency: NYS DEC, Division of Water, Albany

Brief Description:

The NYC CSO Order was executed between the NYS DEC and the NYC DEP in 2005 and was modified in 2008, 2009, 2012, and 2015. The NYC CSO Order includes various milestones and projects associated with abatement of Combined Sewer Overflows (CSO) within New York City. Based on additional analyses, the parties identified changes to the NYC CSO Order. Pursuant to Paragraphs XVI.A and D.3 of the 2005 CSO Order, the NYS DEC is required to publicly notice "[i]n the event of a substantive and significant modification to the construction compliance schedules provided for in this Order." The 2016 Newtown Creek CSO, Enhanced Aeration Modification to the NYC CSO Order consists of changes to the following Appendix A milestones:

Consent Order, Appendix A Current Milestone Date New Milestone Date
VIII.J. Enhanced Aeration in Dutch Kills and Lower Newtown Creek, 3. Notice to Proceed to Construction December 2016 December 2017
VIII.J. Enhanced Aeration in Dutch Kills and Lower Newtown Creek, 4. Construction Completion December 2019 December 2020

In June 2012, the NYS DEC approved the June 2011 Newtown Creek Waterbody/Watershed Facility Plan (WWFP). The WWFP included a project to install an enhanced aeration system in a portion of Newtown Creek and its major tributaries to achieve a minimum dissolved oxygen level of 3 mg/l, as required for Class SD waterbodies. The project was to be implemented in four phases and the NYC DEP has completed or is in the process of completing the first three phases. The fourth and final phase of the project consists of installation of enhanced aeration in Dutch Kills and the lower Newtown Creek.

The conceptual design of the entire project, including the location and sizing of the aeration system for all four phases, was completed using water quality data and modeling available approximately 10 to 15 years ago. The NYS DEC has determined that prior to completion of the last phase of the enhanced aeration project, the basis of the design for that phase should be confirmed with more recent water quality sampling and modeling to determine whether enhanced aeration is needed, and if so, the location and sizing of the aeration system.

The NYC DEP is in the process of gathering water quality data for the Newtown Creek Long-Term Control Plan (LTCP) and will reevaluate the basis of design of the enhanced aeration system for Dutch Kills and lower Newtown Creek as part of that LTCP effort. The Newtown Creek LTCP is due in June 2017. The extension of the milestones for the enhanced aeration system for Dutch Kills and lower Newtown Creek will allow the NYCDEP to complete the required analyses of the enhanced aeration system in conjunction with the LTCP.

Document Availability: Hard copies of the 2005 CSO Order and approved modifications as well as sediment sampling results are available for public review at the following offices of the NYS DEC and NYC DEP:

NYS DEC - Division of Water
Office of the Director of the Bureau of Water Compliance
625 Broadway, 4th Floor
Albany, NY 12233-3506.

NYS DEC - Region 2 Office
Attention: Robert Elburn
47-40 21st Street
Long Island City, NY 11101.

NYC DEP - Bureau of Legal Affairs
Attention: Julia Bourdier
59-17 Junction Boulevard
Flushing, NY 11373
Phone: (718) 595-6555.

Public Comment Period: The 30-day comment period commences on June 1, 2016 and concludes on July 1, 2016. See NYS DEC contact person below.

Questions and Comments regarding the 2016 Newtown Creek CSO, Enhanced Aeration Modification can be directed to: Gary Kline, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506 or via phone (518) 402-9655 or via FAX (518) 402-9029 or via email: gary.kline@dec.ny.gov.

Contact: Gary Kline, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, Phone: (518) 402-9655, Fax: (518) 402-9029, E-mail: gary.kline@dec.ny.gov.


Revised Negative Declaration

Kings County (Brooklyn) - The New York City Planning Commission (NYC CPC), as lead agency, has determined that the proposed 25 Kent Avenue will not have a significant adverse environmental impact. The Revised Negative Declaration analyzes proposed NYC CPC modifications including updated project nomenclature, revised project geography, monitoring requirements, and prohibitions per the special permit for hotels. Additionally, the Revised Negative Declaration reflects a revised air quality analysis and associated e-designation requirements.**

The applicant, 19 Kent Acquisition LLC is seeking:

1. Zoning Text Amendment creating a new Zoning Resolution Section 74-96 Special Permit:
New York City Department of City Planning (NYC DCP) and Kent Acquisition LLC are proposing to create a new special permit pursuant to ZR 74-96 and identifying the special permit's applicable geography, described as an "Industrial Business Incentive Area." Within this geography, a NYC CPC special permit would allow an increase in floor area for certain commercial and light industrial uses (Incentive Uses) when required light industrial and manufacturing uses (Required Industrial Use) are provided within a proposed development. The new special permit would allow the NYC CPC to modify use, bulk, parking, and loading regulations for properties within the proposed project area if certain conditions and findings are met.

Proposed definitions within ZR 74-96:

  • Industrial Business Incentive Area - a geographic area for which the new special permit can be applied. An Industrial Business Incentive Area (IBIA) has a bonus ratio and maximum FAR that is based on the underlying zoning district (note: in the Environmental Assessment Statement dated December 31, 2015, this area was referred to as an "Enhanced Business Area").
  • Required Industrial Use (RIUs)- Use Groups 11A, 16A, 16B, 17B, and 17C, as specified in Sections 32-20, 32-25, and 42-14 of the Zoning Resolution, as well as beverages, alcoholic or breweries as listed in Section 42-15. These would be the required uses within a new development or enlargement applying for the NYC CPC special permit (note: in the Environmental Assessment Statement dated December 31, 2015, this use was referred to as a "Business Enhancing Use").
  • Incentive Uses - as-of-right commercial and light industrial uses as permitted by the underlying M1-2 district, with the exception of transient hotels in Use Group 5, as specified in Section 32-14; uses in Use Groups 6A and 6C as specified in Section 32-15; uses in Use Group 8C as specified in Section 32-17; uses in Use Group 10A as specified in Section 32-19; uses in Use Groups 12 and 13 as specified in Sections 32-21 and 32-22; and moving or storage offices with no limitation as to storage or floor area per establishment, packing or crating establishments, and warehouses as specified in Section 32-25.

Proposed applicable geography per ZR 74-96:

Kent Avenue Industrial Business Incentive Area per ZR 74-96, the applicable Kent Avenue Industrial Business Incentive Area is an M1-2 district as drawn on a map within the Text Amendment but bounded by Kent Avenue on the west, North 13th Street on the north, Wythe Avenue on the east, and North 12th Street on the south, within Community District 1, Borough of Brooklyn. The proposed project area's current M1-2 zoning district allows 2.0 FAR of commercial and light industrial uses as-of-right. The proposed special permit would allow the CPC to approve developments that include a mix of as-of-right uses, "Required Industrial Uses," and "Incentive Uses." Within the proposed "Kent Avenue Industrial Business Incentive Area," the bonus incentive uses can be increased by 1 square foot of floor area for each 3.5 square feet, up to a maximum of 4.8 FAR for the total development.

2. Special permit approval for modification of maximum allowable floor area, maximum allowable height, and modification of public plaza requirements per ZR 74-962. Kent Acquisition LLC is requesting a NYC CPC special permit approval to allow (i) the increase of total development floor area from 2.0 FAR (160,000 square feet) to 4.75 FAR (380,097 square feet); (ii) allow an increase in the proposed development's maximum height from 110-feet to 135-feet; and (iii) the modification of public plaza requirements set forth in ZR 37-70, specifically 37-713 plaza proximity to an existing open space and 37-76(b) public plaza proximity to public entrance.

3. Special Permit approval for modification of accessory off-street parking space and loading berth requirements per ZR 74-963: Kent Acquisition LLC is requesting a NYC CPC special permit approval to allow (i) the reduction in the number of required off-street accessory parking spaces from 1,267 to 275; and (ii) a reduction in the number of required off-street accessory loading berths from ten to three.

The proposed actions will facilitate a proposal by the applicant, 19 Kent Development LLC, to construct a 380,097 zoning square feet (485,156 gross square feet), 4.75 FAR development consisting of commercial, industrial and retail space on Block 2282, Lot 1 within the Williamsburg neighborhood in Brooklyn, Community District 1. The project site is bounded by North 13th street to the North, North 12th Street to the South, Wythe Avenue to the East, and Kent Avenue to the West. The boundaries of the Industrial Business Incentive Area correspond to the boundaries of the proposed project site.

The Proposed Development would consist of eight stories and would be approximately 135 feet tall (excluding rooftop mechanical equipment). The Proposed Development would include approximately 169,768 gross square feet (159,848 zoning square feet) of Permitted Uses or As-of-right uses (1.99 FAR), approximately 165,921 gross square feet (156,533 zoning square feet) of Incentive Uses (1.96 FAR), and approximately 70,722 gross square feet (63,714 zoning square feet) of Required Industrial Use (0.79 FAR). The Proposed Development would also provide three loading docks and a 275 space below-grade parking garage. Additionally, two 7,200 square feet of public plazas are proposed on opposite corners of the Development Site (one would be located on the north-west corner of Wythe Avenue and North 12th Street and the other would be located on the south-east corner of Kent Avenue and North 13th Street). Finally, an approximately 13,838 gross square feet covered publicly-accessible pedestrian walkway is proposed on the ground floor approximately midway between North 12th Street and North 13th Street which would provide connectivity east-west through the Development Site.

The affected area is zoned M1-2 and is located within the 175-block area rezoned in the 2005 Greenpoint-Williamsburg Rezoning. M1 districts are often buffers between M2 and M3 districts and adjacent residential or commercial districts. Nearly all industrial uses are allowed in M1 districts if they meet the stringent M1 performance standards. Offices, hotels, and most retail uses are also permitted. Certain community uses, such as ambulatory care facilities and houses of worship are permitted as-of-right. M1-2 districts allow maximum FAR of 2.0 for manufacturing and commercial uses and up to 4.8 for community facility uses, and building height and setbacks are controlled by a sky exposure plane. Within M1-2 districts, off-street parking is required. Prior to the 2005 Greenpoint-Williamsburg Rezoning, the Development Site was zoned M3-1.

New York City Department of Building (NYC DOB) issued a permit allowing the construction of an 11 story commercial and community facility office building containing 605,536 gross square feet (383,040 zoning square feet), including 1,100 parking spaces. This building, which is permitted as-of-right by the underlying M1-2 district, would rise to a height of 157 feet above curb level. On February 20, 2014, pursuant to Demolition Permit No. 320961562, the Development Site was granted approval to begin site clearance and in August, 2014 pursuant to New Building Permit No. 320591944, was granted approval to begin construction of the foundations for this building. Currently, the site is enclosed by construction fencing and foundation work has begun for the approved, as of-right building.

The proposed project is expected to be completed by 2018.

To avoid the potential for significant adverse impacts related to air quality and noise, an (E) designation (E-373) has been incorporated into the proposed actions and would apply to the Development Site (Block 2282, Lot 1).

The project is located 25 Kent Avenue in Brooklyn, New York.

Contact: Robert Dobruskin, New York City Department of City Planning, 120 Broadway, 30th Floor, New York, NY 10271, Phone: (212) 720-3321, E-mail: rdobrus@planning.nyc.gov.


New York County (Bronx) - The New York City Planning Commission, as lead agency, has determined that the proposed Barnett Avenue Rezoning will not have a significant adverse environmental impact. The action involves a proposal by the applicant, Upper Manhattan Development Corp., for a zoning map amendment affecting a portion of Block 2458 (Block 2458, Lots 6, 13, 35, 43, 49, and p/o Lots 16, 25, and 26, the "Affected Area") in the Concourse Village neighborhood of Bronx, Community District 4. The zoning map amendment would rezone the Affected Area from the existing C8-3 district to a R8 district (Lot 13), a R7D district (Lots 49, 6, 35, 43 and p/o Lots 16, 25 and 26), and a C1-4 overlay over a portion of the proposed R7D district (Lot 35 and p/o Lot 26). The Applicant is also seeking a zoning text amendment to Zoning Resolution (ZR) Section 23-933 Appendix F to establish a Mandatory Inclusionary Housing (MIH) area that is coterminous with the Affected Area. The proposed zoning map and text amendments (collectively, Proposed Actions) would facilitate a proposal by the Applicant to construct three buildings on three separate development sites within the Affected Area (Block 2458, Lot 13, Project Site 1; Lot 35, Project Site 2; and Lot 49, Project Site 3), totaling 218,617 gross square feet of residential use for 213 dwelling units of which 140 units would be affordable for households earning up to 60 percent of the Area Median Income (AMI), 6,300 gross square feet of commercial retail use, 9,500 gross square feet of community facility use, and 49 accessory parking spaces (Proposed Developments).

Additionally, the Applicant is seeking discretionary financing for the residential component of the Proposed Developments from the New York City of Housing Preservation and Development (NYC HPD). A coordinated environmental review was conducted with NYC HPD acting as an involved agency.

The Affected Area currently contains 4,250 gross square feet of general service use (Use Group 16), 9,800 gross square feet of community facility use (Use Group 4), 43,146 gross square feet of manufacturing use (Use Group 17), and 399 public parking spaces. Specifically, Project Site 1 is occupied by an existing parking facility with 150 public parking spaces. Project Site 2 is occupied by a 4,250 gross square feet general service building shared between an automotive repair service and a laundromat, and 99 unenclosed public parking spaces. Project Site 3 is occupied by a 150 space public parking lot. Other lots within the Affected Area include a 9,800 gross square feet church (Lot 43), and a 43,416 gross square feet vacant manufacturing building (Lot 6). The Affected Area also covers the driveways of three 6-story art-deco apartment buildings on Lots 16, 25, and 26. These buildings are located within the Historic District designated by New York City Landmarks Preservation Commission (NYC LPC) and the National Register of Historic Places. The Affected Area is currently zoned C8-3, which permits a maximum allowable commercial FAR of 2.0 and community facility FAR of 6.5. Portions of the Affected Area (p/o Lots 6, 13, 16, 25, and 26) are within the Special Grand Concourse Preservation District.

The Proposed Actions would permit a maximum allowable residential FAR of 7.2 in the proposed R8 district, a maximum allowable residential FAR of 5.6 in the proposed R7D district, and a maximum allowable commercial FAR of 2.0 within the C1-4 overlay. With the Proposed Actions, Project Site 1 would be developed with a 14-story 56,623 gross square feet residential building with 53 dwelling units and 8 accessory parking spaces; Project Site 2 would be developed with a 12-story 116,817 gross square feet mixed residential and commercial building containing 90 dwelling units, 6,300 gross square feet of ground floor retail use, and 23 accessory parking spaces; and Project Site 3 would be developed with a 100,531 gross square feet mixed residential and community facility building containing 70 dwelling units, 9,500 gross square feet of community facility use, and 18 accessory parking spaces. Per Option 2 of the MIH program, at least 30 percent of the residential floor area would be reserved for residents with incomes averaging 80 percent AMI. In accordance with the MIH program, and NYC HPD and New York City Housing Development Corporation (NYC HDC) discretionary financing approvals, it is expected that 140 dwelling units out of the proposed 213 units would be affordable for households earning up to 60 percent AMI, and 73 would be affordable for households earning up between 80 to 100 percent.

For the purposes of environmental review, five lots within the Affected Area (Lots 6, 13, 35, 43, and 49) are projected to be developed with 432,964 gross square feet of residential use for 433 dwelling units, 6,300 gross square feet of commercial use, 40,246 gross square feet of community facility use, and 114 accessory off-street parking spaces.

The analysis year for the Proposed Actions is 2021. Absent the Proposed Actions, the Affected Area is expected to remain in its existing condition.

The project is located at 702 Grand Concourse; 180 East 156th Street; 741 Concourse Village West; 700 Grand Concourse; 737 Concourse Village West; portions of 730 Grand Concourse; portions of 740 Grand Concourse and portions of 750 Grand Concourse in the Bronx, New York.

Contact: Olga Abinader, New York City Department of City Planning, 120 Broadway, 30th Floor, New York, NY 10271, Phone: (212) 720-3423, E-mail: o_abinad@planning.nyc.gov.


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