Department of Environmental Conservation

D E C banner

ENB - Region 2 Notices 2/21/2018

Public Notice

Proposed Amendment to Wetland Maps

Notice is hereby given pursuant to Article 24 (Freshwater Wetlands Act) of the NYS ECL and 6 NYCRR Part 664 that New York State Department of Environmental Conservation (NYS DEC) proposes to amend Kings County Freshwater Wetland Map 2 of 6 and Queens County 4 of 10 to include the boundaries of Class 1 wetlands of unusual local importance located at the Ridgewood Reservoir. Maps showing the proposed revision are available at the city register and county clerks offices for Queens and Brooklyn as well as at the NYS DEC Region 2 Office, 47-40 21st Street, Long Island City, NY. An informational meeting will be held on Monday, March 5 from 7:00 p.m. to 9:00 p.m. at the Redeemer Lutheran School, located at 69-26 Cooper Avenue in Glendale, Queens.

Written comments on the accuracy of the proposed changes to the maps may be mailed to the contact person listed below through March 22, 2018. No activity subject to regulation under the Freshwater Wetlands Act may be initiated without a permit from NYS DEC within the area that is the subject of the proposal (including the 100 foot wetland adjacent area).

Contact: Ken Scarlatelli, NYS DEC - Region 2 Office, 47-40 21st Street, Long Island City, NY 11101; Phone: (718 )482-4020.

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from M & A Holdings I LLC for a site known as Former Majestic Garment Cleaners, site ID #C224035. This site is located in the Borough of Brooklyn, within the County of Kings, and is located at 740 Pine Street.

A copy of the application and other relevant documents are available at the document repositories located at Cypress Hills Library, 1197 Sutter Avenue, Brooklyn, NY 11208 and Brooklyn Community Board 5, 404 Pine Street, 3rd Floor, Brooklyn, NY 11207.

There are several ways to comment on BCP applications. Comments can be submitted to: John Grathwol at NYS DEC - Division of Environmental Remediation, 625 Broadway, 12th Floor, Albany, NY 12233-7016, Phone: (518) 402-9649, E-mail: All comments must be submitted by March 23, 2018.

Site information can be viewed by entering the site ID noted above at:

We would also encourage those interested in receiving information on future activities at this site or any other site to sign up to NYS DEC's Contaminated Sites Email List at:

What is the Brownfield Cleanup Program?

New York's Brownfield Cleanup Program (BCP) is designed to encourage private-sector cleanups of brownfields and to promote their redevelopment as a means to revitalize economically blighted communities. The BCP is an alternative to "greenfield" (land not previously developed or contaminated) development and is intended to remove some of the barriers to, and provide tax incentives for, the redevelopment of brownfields. Since its inception (2003), the BCP has catalyzed the cleanup of more than 300 contaminated sites statewide and incentivized redevelopment. There are more than 350 active sites in the BCP.

Additional information on New York State's Brownfield program is available at NYS DEC's website:

Notice of Public Comment Period

Correction to "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

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."

The 2018 Updates to Appendix A incorporates schedules for new CSO projects approved Long-Term Control Plans for Alley Creek / Little Neck Bay, Bronx River, Hutchinson River, Flushing Creek, and Flushing Bay as well milestone extensions previously approved by the Department via letter. The Department publicly noticed these changes from January 10, 2018 to February 9, 2018. However, the new milestone date for construction completion of the Flushing Bay Divert Low Lying Sewers/Raise Weir BB-R02 included in the 2018 Updates to Appendix A was in error. The correct date is below:

V. Flushing Bay CSO Milestone Date Revised Milestone Date
B. Divert Low Lying Sewers/Raise Weir BB-R02
4. Construction Completion December 2016 June 23, 2017 (complete)

The Divert Low Lying Sewers/Raise Weir BB-R02 project was certified complete by the NYC DEP on October 10, 2017 and the NYS DEC accepted the certification on October 24, 2017. During construction of the Divert Low Lying Sewers/Raise Weir BB-R02 project, New York City experienced higher than anticipated levels of groundwater at the project site, requiring additional site investigations and installation of dewatering equipment. New York City submitted a notification of force majeure due to these differing site conditions and requested an extension to the milestone. NYS DEC concurred that an extension to the milestone was warranted due to the excessive groundwater and granted an extension from December 2016 to June 23, 2017.

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

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

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

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

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

Public Comment Period: There is no public comment period for this correction.

Questions regarding 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) 402-9655, Fax: (518) 402-9029, E-mail:

Negative Declaration

New York County (Manhattan) - The New York City Planning Commission, as lead agency, has determined that the proposed 1568 Broadway will not have a significant adverse environmental impact.

The Applicant, Times Square Hotel Owner, LLC, (Applicant) proposes a Zoning Text Amendment to the Zoning Resolution (ZR) affecting signage (Proposed Action). Specifically, a Text Amendment is proposed to amend ZR Section 81-732 (Special Times Square signage requirements) and Section 81-751 (Special Street wall and setback regulations within the Theater Subdistrict Core), affecting building signage in the Theater Subdistrict, located between 43rd Street and 50th Street, with street frontage on Seventh Avenue and/or Broadway in Times Square, Manhattan, Community District (CD) 5, New York. The Proposed Action would facilitate a proposal by the Applicant to construct an 18,195 square foot sign, with balconies and terraces behind it (Proposed Project) in connection with an as-of-right (not subject to discretionary action) renovation to the building which houses the Palace Theatre, located at 1568 Broadway (Project Site), on the corner of 7th Avenue and West 47th Street. The proposed renovation includes the restoration and elevation of the landmarked Palace Theatre, located within the interior of the building and subject to a separate New York City Landmarks Preservation Commission (NYC LPC) Certificate of Appropriateness, granted on February 17, 2017.

The proposed Text Amendment would allow by Certification (a) the ability to modify the number of required signs on buildings containing listed theaters within 100 feet of Broadway or Seventh Avenue, and (b) the projection of certain signs within the Theater Subdistrict Core across the street line up to a height of 120 feet above curb level, as well as to permit the location of balconies and terraces behind such signs, provided that they are used for an entertainment-related use. In connection with the proposed Text Amendment, the Applicant is seeking a Chairperson's Certification, a ministerial action not subject to Environmental Review, in order to incorporate the proposed modifications into the Proposed Project.

In addition to the Project Site, another listed theater within the Theater Subdistrict - the Lunt-Fontane Theater, located at 205 West 46th Street would be subject to the provisions of the proposed Text Amendment. However, the Lunt-Fontane Theater would not be expected to utilize these provisions because the current building is an individual landmark, subject to further NYC LPC approvals, and development rights have already been transferred to an adjacent hotel located at 1567 Broadway.

Currently, the Project Site contains 21,758 square feet of lot area, and is occupied with a 45 story building with 469,955 gross square foot of Use Group (UG) 5, 6, and 8 commercial uses, including the 32,719 square foot Palace Theatre. The Project Site contains signage along the 7th Avenue and West 47th Street portion of the existing building, in the form of discrete, individual signs, expected to be removed in order to construct the Applicant's Proposed Project. As noted above, the Project Site contains a designated landmark - the Palace Theatre.

The Project Site is located within a C6-7T district, with a small portion within a C6-5.5 district, and it is entirely within the Theater Subdistrict Core of the Special Midtown District. C6-7T zoning districts are a subset of C6 commercial districts permitting high-bulk uses in central locations and which do not require off-street parking. The Special Midtown District, established in 1982 to guide development within the Midtown central business district, establishes varying bulk and density limits for avenue frontages and midblocks. The Theatre Subdistrict Core incorporates special use and signage requirements in accordance with the character of Times Square and the Theater District as a whole. Large illuminated signs must be incorporated into the façades of new buildings within the Theater Subdistrict. C6-5.5 commercial districts, like the C6-7T district of the project site, are a subgroup of C6 zoning districts featuring similar characteristics.

Under the Proposed Action, the Applicant seeks to modify ZR Sections 81-732 and 81-751, affecting sign number and area regulations, as well as streetwall and setback regulations, respectively. Pursuant to the modification of ZR Section 81-732, the Applicant is proposing to construct a larger single sign, rather than multiple signs, and pursuant to the modification of ZR Section 81-751, the Applicant is proposing to construct a sign with no setbacks, reaching a height of 120 feet, rather than 60 feet with a setback as currently permitted. The proposed signage would include one illuminated, curved, LED sign structure. In addition, the Applicant seeks to amend ZR Section 81-751 to permit balconies and terraces, to be located behind the proposed signage. The Applicant intends to operate a portion of such balconies and terraces in connection with new entertainment-related uses within the building and to make the balconies and terraces accessible to the public. Approximately 20,000 gsf of floor area would be added as a result of the Proposed Project. This would come from the addition of new balconies and terraces (19,895 gsf) on the third through ninth floors of the building, and from an increment of 105 sf for the proposed sign (18,195 gsf) when compared with the No-Action signage (18,090 gsf).

Absent the Proposed Action, the Applicant would proceed with the as-of-right renovation to the building and the Palace Theatre, and would construct a series of discrete signs with a setback at 60 feet before reaching a maximum height of 120 feet. The No-Action signage would not contain the proposed balconies and terraces.

The Proposed Project is anticipated to add four months to the construction of the No-Action project, which is expected to take 24 months. This would result in a total of 28 months for construction and a planned completion date of 2021.

The project is located at 1568 Broadway in Manhattan, New York.

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

  • PDF Help
  • For help with PDFs on this page, please call 518-402-9167.
  • Contact for this Page
  • ENB
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions