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ENB - Region 2 Notices 10/11/2017

Negative Declaration

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed East River Fifties Text Amendment will not have a significant adverse environmental impact.

The project involves a proposal by the applicants, East River Fifties Alliance, Inc., Manhattan Borough President Gale Brewer, New York City Council Members Daniel Garodnick and Ben Kallos, and New York State Senator Liz Krueger for the approval of a series of zoning text amendments to the Zoning Resolution (ZR) to establish modified tower‐on‐a‐base (TOB) rules in lieu of standard tower zoning regulations for narrow streets (proposed action) to portions of 13 blocks in the East River Fifties/ Sutton Place neighborhood. The Proposed Action would be applicable in Manhattan, Community District 6, New York, to buildings developed or enlarged with towers in R10 Districts located east of First Avenue and north of East 51st Street (the Project Area).

Currently, the project area is zoned R10, with a C1-5 and C2-5 commercial overlays on portions of several blocks. R10 zoning districts allow for a maximum Floor Area Ratio (FAR) of 10.0 for residential and community facility uses. The voluntary R10 Inclusionary Housing (IH) program permits a 20 percent (2.0 FAR) increase in residential floor area in exchange for providing 4.76 percent of units as affordable housing. In terms of built form, R10 districts do not have maximum building heights under standard tower and tower‐on‐a‐base regulations as long as certain provisions regarding setbacks from narrow and wide streets are met. Height limits apply if the building is constructed pursuant to optional Quality Housing regulations. Under Quality Housing regulations, there is a maximum building height of 185 feet on narrow streets and 210 feet within 100 feet of a wide street. Buildings constructed pursuant to Quality Housing regulations utilizing the voluntary IH bonus are permitted an increase in maximum heights to 215 feet on narrow streets and 235 feet within 100 feet of a wide street.

The Proposed Action would replace the applicability of tower rules on narrow streets within the Project Area with modified TOB rules (detailed below) while maintaining the option to develop pursuant to Quality Housing rules. The Proposed Action would modify several sections of the ZR: Sections 23‐61, 23‐675, 24‐56, 24-57, 35‐61, 35‐66 and 73-641 to establish special height and setback provisions for certain R10 districts within Community District 6 in the borough of Manhattan. The Proposed Action would modify TOB rules to require 45 to 50% (dependent on the extent of tower coverage) of the FAR on a zoning lot to be located below a height of 150 feet while maintaining the 30% tower coverage requirement. The Proposed Action would also modify TOB rules to permit towers on a narrow street to be located beyond 100 feet of an intersection with a wide street and reduce the required setback of a tower from the streetline based on the building's setback at the ground level. The Proposed Action would further modify TOB rules to require that at least 70% of the street wall be within seven feet of the street line (up to 30% of the street wall could be located beyond seven feet of the street line) and require that the base height of a development matches the base height of an adjacent building.

The proposed action is intended to deter unlimited zoning lot mergers and the development of tall towers, while allowing more contextually scaled development and preserving a neighborhood scale street wall. The modified TOB program's bulk and setback controls, including minimum tower coverage and packing requirements, would more closely align future construction with the existing built environment, while still accommodating reasonable growth.

The effects of the proposed action are anticipated to be limited, resulting in development of three buildings on one Projected Development Site in the Project Area, located at 430 East 58th Street in Manhattan Community District 6, New York. For the purposes of presenting a conservative analysis it is assumed that development would occur on this site pursuant to the voluntary IH program and that development rights from Block 1369, Lots 19, 31, 33, and 37 would be used. The buildings on Lots 34, 35, 36, and 133 (Site 1a) would be demolished and development rights would be transferred to that assemblage from Lots 37 and 33 to develop a 35‐story, 389‐foot tower on a base. Further, the buildings on Lots 29, 30, and 129 (Site 1b) would be demolished and development rights would be transferred to that assemblage from Lot 31 to develop another 34‐story, 366‐foot tower on a base. Finally, the buildings on Lot 22 (Site 1c) would be demolished to build a third 159‐foot contextual sliver building. The development would result in 160 units on Site 1a; in 129 units on Site 1b; and 30 units on Site 1c for a total of 319 units, of which 15 units would be affordable pursuant to the voluntary IH program.

Absent the Proposed Action, development is expected to occur on Site 1a pursuant to existing standard tower regulations. Site 1a has already been assembled into a single zoning lot and is the subject of a filed building permit application for a 67 story, 11.4 FAR, 854‐foot tower. An iteration of the proposal for the site was identified as the No‐Action condition for the purposes of presenting a conservative analysis as the exact proposal for this site may change. The No-Action development would consist of one 297,900 gross square foot (gsf) building measuring 1000 feet in height and containing 298 dwelling units of which 14 would be affordable pursuant to the voluntary IH program. The existing 38 units in buildings on lots 22, 29, 30, and 129 are expected to remain.

While the Proposed Action would result in a slight decrease in residential units, the Proposed Action is intended to facilitate the development of high density residential buildings more contextual to the built environment in the Project Area by redistributing the permissible bulk.

It is expected that development of the three buildings on the Projected Development Site would be completed by 2027.

To avoid the potential for significant adverse impacts related to hazardous materials an air quality, an (E) designation (E-449) has been incorporated into the proposed actions, as described below.

The project is located East River Fifties/Sutton Place neighborhood, New York, NY (Manhattan).

Contact: Robert Dobruskin, New York City Department of City Planning, 120 Broadway, 31st Floor, New York, NY 10271, Phone: (212) 720-3423, E-mail:

Staten Island County - The New York City Department of Environmental Protection, as lead agency, has determined that the proposed Reconstruction of Mason Avenue Pumping Station will not have a significant adverse environmental impact.

The New York City Department of Environmental Protection (NYC DEP) is proposing to reconstruct the existing Mason Avenue Pumping Station and install new pumps to upgrade the pumping station capacity from the current 4.6 MGD to 15.5 MGD.

In addition, a new force main and the installation of two new sanitary sewers would be installed upstream and downstream of the station. The building superstructure and pumping station wet well would be demolished and reconstructed on an expanded footprint from its present size of 32 feet by 30 feet to 32 feet by 51 feet, expanding the station to the east. The proposed project also includes the installation of approximately 2,400 linear feet of new sanitary sewer lines to convey the additional flow to the pumping station and a new, approximately 5,300 linear feet, 30 inch force main to convey the flow from the pumping station. Construction of the proposed project is anticipated to occur over a period of approximately 22 months. The proposed upgrade would potentially decrease future sewer back-ups in the neighborhood and reduce the risk of street flooding.

The project is located in Staten Island, New York.

Contact: Lisa Fuerst, NYS DEP, 59-17 Junction Boulevard, Flushing, NY 11373; Phone: (718) 595-4407, E-mail:

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