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ENB - Region 2 Notices 4/12/2017

Negative Declaration

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed 640 Broadway will not have a significant adverse environmental impact. The action involves a proposal by the Applicant, 640 Broadway Owners LLC, for a Special Permit pursuant to Zoning Resolution (ZR) Section 74-711 (Landmark preservation in all districts) to modify height and setback regulations of ZR Section 43-43 (Proposed Action). The Proposed Action would facilitate a proposal by the Applicant to construct two single-story penthouse additions, totaling approximately 1,515 gross square feet, on the roof of an existing nine story building containing 42,953 gross square feet (21 units) of Joint-Living Work Quarters for Artists (JLWQA, Use Group 17D) and 8,566 gross square feet of eating and drinking establishments (Use Group 6) at 640 Broadway (Project Site). The two penthouse additions, in combination with three existing JLWQA units on the 8th and 9th floors of the building, would form a new east triplex unit and west duplex unit. The Applicant also proposes internal alterations and reconfiguration of units in the existing building structure, resulting in a decrease of the total number of JLWQA units from 21 to 20. The Project Site is bounded by Bleecker Street to the north, Broadway to the west and Crosby Street to the east, and is situated in an Ml-5B zoning district in the NoHo Historic District of Manhattan, Community District 2, New York.

In conjunction with the Proposed Action, the New York City Landmarks Preservation Commission (NYC LPC) issued a Certificate of Appropriateness on March 13, 2015, approving the proposed penthouse additions, as well as the installation of a cooling tower and decorative balustrade at the rooftop elevations.

The existing building, constructed in 1897, is a Classical Revival style structure that is consistent with the architectural and historic character of the NoHo Historic District. The Project Site contains 42,953 gross square feet of Joint-Living Work Quarters for Artists uses (21 units of JLWQA Use Group 17D, of which 15 are market rate and 6 are rent-stabilized), 8,566 gross square feet of eating and drinking establishments (Use Group 6), and 10,609 gross square feet of sub-cellar and cellar space for building utilities.

The underlying Ml-5B zoning district permits a maximum floor area ratio (FAR) of 5.0 for commercial and manufacturing uses (Use Groups 5 - 15, 16 and 17), and 6.5 for community facility uses (Use Group 4). While Ml-5B districts generally do not permit residential use, JLWQA units are allowed in buildings that pre-date 1961 with a lot coverage below 3,600 square feet. Per ZR Section 42-14(D)(l)(e), at least 30 percent of the gross roof area of a building containing 15 JLWQA units shall be provided for recreational use (and 100 square feet of additional recreation space for each unit over 15 units). While there are no height limits in Ml-5B districts, building heights and setbacks are controlled by a sky exposure plane.

The building at the Project Site, which pre-dates the 1961 Zoning Resolution, has a built FAR of 8.87 and is legally non-complying with the permitted FAR under Ml-5B zoning. The building, which contains JLWQA units, is also legally non-conforming with the use provisions under Ml-5B zoning as it exceeds the maximum lot coverage requirement of 3,600 square feet. Pursuant to ZR Section 74-782 (Residential conversion), the City Planning Commission granted a Determination of Residential Loft Occupancy in 1988 to allow the building to have JLWQA units. In addition, the structure is legally non-complying with the required sky exposure plane as it rises without setback to a height of 122 feet and encroaches into the required setback of 20 feet at six stories above Bleecker Street. The building provides a total of 3,269 square feet of recreation space on the roof area and currently meets the required recreation space of 2,218 square feet.

The proposed penthouse additions consist of an east penthouse addition near the Crosby Street frontage, with approximately 772 gross square feet, and a west penthouse addition near the Broadway frontage, containing approximately 743 gross square feet. The proposed penthouse additions would be combined with existing units on floors 8 and 9 to form an east triplex unit fronting Crosby Street, and a west duplex unit fronting Broadway. Reconfiguration of the building would involve a deduction of 1,075 zoning square feet through new mechanical deductions and the reallocation of 1,306 zoning square feet of existing floor area from floors 1 through 9, from alterations or combinations of the existing market rate units on these floors. The building would increase in gross floor area, from 62,128 gross square feet to 62,336 gross square feet, yet decrease by 1 unit.

The building, with the proposed additions, would continue to provide at least 30 percent of the gross roof area for recreational use, and meet the requirements of ZR Section 42-14(D)( 1)(e). The one-story penthouse additions would reach approximately 15 feet in height and would increase the overall height of the building from 122 feet to 134 feet (142 feet with the proposed bulkhead). The additions would encroach over the 20-foot setback required on Bleecker Street. The Proposed Action would waive the height and setback requirements, in order to allow the Applicant's proposed development on the Project Site.

Absent the Proposed Action, the Project Site would remain in its existing condition.

The analysis year for the proposed project is 2018.

*Since Certification of the Proposed Action on November 28, 2016, the Applicant revised the proposed site plan to reduce the size of the penthouse additions as a response to concerns raised during public review. Recreational space on the rooftop in the revised proposal would meet the requirements of ZR Section 42- l 4(D)(1)(e) and eliminate the need for a waiver to modify recreational space requirement under the Proposed Action. This Revised Negative Declaration is reflective of the revised site plan, as noted in the supporting statement of this document.

Contact: Olga Abinader, New York City Department of City Planning, 120 Broadway, 31st Floor, New York, NY 10271, Phone: (212) 720-3493, E-mail:

Positive Declaration and Public Scoping (Correction)

Kings County (Brooklyn) - The New York City Department of Environmental Protection (NYC DEP), as lead agency, has determined that the proposed Gowanus Canal Combined Sewer Overflow (CSO) Facilities Project may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on May 4, 2017 at 7:00 p.m. at the Public School (PS) 32, 317 Hoyt Street, Brooklyn, NY 11231.

NYC DEP is undertaking a project to design and construct two combined sewer overflow (CSO) facilities to reduce the volume of combined sewer overflows entering the Gowanus Canal (the Canal). This Project is part of the federally required remediation of the Canal under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund), and will be reviewed in accordance with the New York State Environmental Quality Review Act (SEQRA), City Environmental Quality Review (CEQR), and the Uniform Land Use Review Procedure (ULURP). The project is located at the Head End Facility, 242 Nevins Street, 234 Butler Street and 270 Nevins Street in Gowanus, New York and at the Owls Head Facility, 2 2nd Avenue, 110 5th Street in Brooklyn, New York.

Contact: Rasheed Lucas, NYC DEP, 59-17 Junction Boulevard, Flushing, NY 11373, Phone: (718) 595-6959, E-mail:

Notice of Acceptance of Draft EIS and Public Hearing

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Greater East Midtown Rezoning. A public hearing on the Draft EIS will be held on April 26, 2017 at 10:00 a.m. at the New York City Department of City Planning, Spector Hall, 22 Reade Street, New York, NY 10007. Written comments on the Draft EIS will be accepted until May 8, 2017. The Draft EIS is available from the New York City Department of City Planning, Environmental Assessment and Review Division, 120 Broadway, 31st Floor, New York, NY, 10271-3100 and on line at: .

The action involves a proposal by New York City Department of City Planning (NYC DCP) for a zoning text and zoning map amendments (Proposed Action) within the East Midtown neighborhood of Manhattan, New York. The Proposed Action is intended to reinforce the area's standing as a premiere Central Business District, support the preservation of landmarked buildings, and provide for public realm improvements.

The Proposed Action includes a zoning text amendment to establish the East Midtown Subdistrict within an approximately 78-block area of the Special Midtown District. The rezoning area is generally bounded by East 57th Street to the north, East 39th Street to the south, a line generally between 150 and 200 feet easterly of Third Avenue and a line 250 feet westerly of Madison Avenue. The proposed Subdistrict would supersede the existing Grand Central Subdistrict, and would allow for increased floor area ratios (FARs) between 18.0 and 27.0. The text amendment would also create four new special permits and one new authorization within the Subdistrict. Under the proposed rezoning, an existing C5-2 district (bounded by East 43rd Street to the north, East 42nd Street to the south, Second Avenue to the east, and a line 200 feet easterly of Third Avenue to the west) would be replaced by a C5-3 district, and would be included in the proposed East Midtown Subdistrict. The Special Midtown District would be extended to encompass the proposed C5-3 district. The analysis year for the environmental review is 2036.

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

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