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ENB - Region 2 Notices 1/10/2018

Notice of Public Comment Period

2018 Updates to Appendix A of the 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

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, 2015, 2016, and 2017. The NYC CSO Order includes various milestones and projects associated with abatement of Combined Sewer Overflows (CSO) within New York City. 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."

In 2017, NYS DEC approved Long-Term Control Plans for Alley Creek / Little Neck Bay, Bronx River, Hutchinson River, Flushing Creek, and Flushing Bay and each of these approved LTCPs included new CSO projects. The 2018 Updates to Appendix A incorporate the schedules for these new CSO projects. In addition, the 2018 Updates to Appendix A incorporate milestone extensions previously approved by NYS DEC via letter. The 2018 Updates to Appendix A also delete CSO projects that have been completed. A copy of the 2018 Updates to Appendix A is available for public review at http://www.dec.ny.gov/chemical/77733.html.

Document Availability: Hard copies of the 2005 CSO Order and approved modifications are available for public review at the following offices of the NYSDEC and NYCDEP:

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

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

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

Public Comment Period: The 30-day comment period commences on January 10, 2018 and concludes on February 9, 2018.

Questions regarding the 2018 Updates to Appendix A of the NYC CSO Order can be directed to: Gary Kline, NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3506, Phone: (518) 402-, Fax:(518) 402-9029, E-mail: gary.kline@dec.ny.gov.

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


Positive Declaration with Public Scoping Session

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed Lenox Terrace 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 close of business Tuesday, February 20, 2018. A public scoping session has been scheduled for Thursday, February 8, 2018 at 6 p.m. at Spector Hall, 22 Reade Street, New York, NY 10008.

The action involves a proposal by the applicant, Lenox Terrace Development Associates, an affiliate of the Olnick Organization, Inc., for a series of land use actions, in connection with the proposed redevelopment of Lenox Terrace, an existing six-building residential development complex. The land use actions consist of a zoning map amendment from R7-2 and C1-4 commercial overlay to a C6-2 zoning district, two large-scale general development special permits, and a zoning text amendment to establish a Mandatory Inclusionary Housing (MIH) area coterminous with the rezoning area (the "Proposed Actions"). The rezoning area comprises an entire block (Block 1730, Lots 1, 7, 9, 16, 19, 25, 33, 36, 40, 45, 50, 52, 55, 64, 65, 68, and 75), in the Central Harlem neighborhood of Manhattan, Community District 10, and is bounded by West 135th Street to the North, Fifth Avenue to the East, West 132nd Street to the South, and Lenox Avenue to the West.

The Proposed Actions would facilitate a proposal by the applicant to construct an infill development of five new mixed-use buildings within the Lenox Terrace development (the "Proposed Development Site") located at 484 Lenox Avenue (Block 1730, Lots 1, 7, 9, 25, 33, 36, 40, 45, 50, 52, 64, 68 and 75). The new buildings would replace existing retail structures and at-grade parking spaces, resulting in an increase of approximately 1,642 new residential units (up to 493 of which would be affordable pursuant to MIH); 39,845 gross square feet (gsf) of commercial space; and 15,055 gsf of community facility space. In addition, two sites not owned by the applicant have been identified as likely to be developed as a result of the Proposed Actions: Block 1730, Lots 16 and 19 ("Projected Development Site 1") and Block 1730, Lot 65 ("Projected Development Site 2"). The remaining parcel on the block (Block 1730, Lot 55) would be rezoned, but is not expected to be redeveloped as a result of the Proposed Actions. In total, the Proposed Actions could result in an incremental increase of approximately 1.7 million gsf of residential use, consisting of 1,969 dwelling units, 39,845 gsf of commercial use, 15,055 gsf of community facility space, and up to 242 additional accessory parking spaces.

The Proposed Actions consist of:

  1. A Zoning Map Amendment to rezone the affected area, currently zoned R7-2 with a C1-4 commercial overlay along Lenox Avenue, Fifth Avenue and West 135th Street, to a C6-2 commercial zoning district (an R8 residential equivalent).
  2. A Special Permit pursuant to Zoning Resolution (ZR) Section 74-743 (Large-scale General Development) to modify applicable height, setback and minimum distance between buildings regulations on the Proposed Development Site (ZR Sections 35-61, 35-63, 23-952, 23-641, and 23-711).
  3. A Special Permit pursuant to ZR Section 74-533 (Reduction of parking spaces to facilitate affordable housing) to reduce the number of required parking spaces provided on the Proposed Development Site (ZR Sections 36-33 and 25-23).
  4. A Zoning Text Amendment to Appendix F (Inclusionary Housing) of the ZR to establish an MIH area, coterminous with the rezoning area, mapping Option 1 and Option 2. Option 1 requires providing at least 25% of residential units for households with incomes averaging 60% Area Median Income (AMI), including 10% of residential units intended for households with incomes averaging 40% AMI; and Option 2 requires at least 30% of residential units for households with incomes averaging 80% AMI.

In addition, the project approvals would include a Restrictive Declaration (RD) to require development on the Proposed Development Site in substantial accordance with the approved special permit plans. The RD would restrict the uses within buildings on the Proposed Development Site to what is shown on the site plan; establish the envelop within which the buildings must be constructed, including limitations on height, bulk and floor area; and establish the required setbacks and distance between buildings. A minimum amount of open space as defined in the ZR would be required as part of the RD.

Collectively, the Proposed Actions would facilitate a proposal by the applicant to demolish five one-story commercial structures and construct infill development of five new mixed-use buildings on the Proposed Development Site. The proposed development would consist of an incremental increase of approximately 1.5 million gross square feet (gsf), comprised of 1,642 dwelling units (up to 493 of which would be affordable pursuant to the MIH program), 39,845 gsf of local retail, 15,055 gsf of community facility and up to 203 additional accessory parking spaces. Each of the five buildings in the proposed development would reach a maximum height of 284 feet. The new buildings would be developed under the basic height and setback regulations applicable within R8 districts, with requested special permit modifications to sky exposure planes.

The affected area is currently zoned R7-2 with a C1-4 commercial overlay along Lenox Avenue, Fifth Avenue and West 135th Street. The R7-2 zoning district permits both height factor and Quality Housing bulk regulations. Height factor regulations allow a range of FAR from 0.87 to 3.44, related to the Open Space Ratio, and building heights are governed by the sky exposure plane. Optional Quality Housing regulations allow residential uses up to a maximum Floor Area Ratio (FAR) of 3.44 on a narrow street or 4.0 on a wide street, and establish a maximum building height of 75 feet on a narrow street at 80 feet on a wide street. Parking is required for 50 percent of the dwelling units. The C1-4 commercial overlay permits 2.0 FAR of commercial use when mapped in an R7 district. Permitted commercial uses include Use Groups 5-9 and 14, which allow local retail uses, grocery stores and local repair services. The proposed C6-2 district (R8 residential equivalent district) would permit residential uses up to 7.2 FAR and community facility uses up to 6.5 FAR, with a maximum height of 145 feet. Parking is not required for inclusionary housing units, and is required for 50% percent of unregulated units. The C6-2 zoning district permits a wider range of commercial uses than the existing commercial overlay, including destination retail.

The Proposed Development Site, Lenox Terrace, currently contains six, 16-story (144 foot) residential towers with 1,716 dwelling units (approximately 1,447,500 gsf); five one-story buildings with approximately 95,655 gsf of local retail use, of which approximately 17,820 gsf is currently vacant; and approximately 457 at-grade accessory parking spaces. According to the applicant, approximately 80 percent of the existing dwelling units (1,370 units) are currently subject to rent stabilization. The remaining affected lots are currently developed with community facility uses, including a recreation center and a house of worship.

Absent the Proposed Actions, it is expected that the proposed rezoning area would remain in the existing condition.

For the purposes of a conservative analysis, the With-Action Scenario considers the potential future development of Projected Development Site 1 and Projected Development Site 2 with mixed-use buildings (maintaining existing community facility use with residential above), built to 7.2 FAR, the maximum allowable under the proposed rezoning. In total, these two sites could be developed with approximately 340 new dwelling units and 41,584 gsf replacement community facility use. It is assumed that up to 30 percent of the residential units (103 units) would be designated as affordable pursuant to MIH. Development of each of the two Projected Development Sites would reach a maximum height of 145 feet, the maximum allowable for inclusionary housing buildings with qualifying ground floors. The existing community facility use on Lot 55 is assumed to remain in the future with the Proposed Actions.

In total, the incremental development projected to occur in the future with the Proposed Actions would consist of: 1,708,470 gsf of residential use, or approximately 1,969 units (up to 596 of which would be permanently affordable pursuant to MIH); 39,845 gsf of retail use; 15,055 gsf of community facility space; and up to 242 additional accessory parking spaces.

The analysis year for the Proposed Actions is 2027. The proposed development is expected to occur in two phases. Two of the five proposed buildings on the Proposed Development Site (Proposed Buildings 1 and 2) would be constructed by 2022, requiring the demolition of two commercial buildings. These proposed buildings comprise approximately 790,205 gsf of new development, including approximately 762 residential units. The remaining five buildings on the Proposed Development Site are expected to be constructed by 2027. While there are no known plans for the redevelopment of Projected Development Sites 1 and 2, given market trends it is reasonable to assume that development of these sites could occur by 2027.

The project location: The rezoning area comprises an entire block (Block 1730, Lots 1, 7, 9, 16, 19, 25, 33, 36, 40, 45, 50, 52, 55, 64, 65, 68, and 75), in the Central Harlem neighborhood of Manhattan, Community District 10.

Copies of the Draft Scope of Work and the Environmental Assessment Statement may be obtained from the Environmental Assessment and Review Division, New York City Department of City Planning, 120 Broadway, 31st Floor, New York, New York 10271, Robert Dobruskin, Director (212) 720-3423; or from the Mayor's Office of Sustainability, 253 Broadway, 7th Floor, New York, New York 10007, Hilary Semel (212) 676-3273. The Draft Scope of Work and scoping protocol will also be made available for download at www.nyc.gov/planning.

Contact: Robert Dobruskin, Department of City Planning, 120 Broadway, 31st Floor City, New York, NY 10271; Phone: (212) 720-3423, Fax: (212) 720-3488, Email: rdobrus@planning.nyc.gov


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