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Notice of Issuance of the Draft State Energy Plan, Notice of Acceptance of a Draft Environmental Impact Statement and Notice of Publilc Comment Hearings

The purpose of this notice is to announce the completion and issuance of an integrated Draft State Energy Plan (Draft Plan) and Draft Environmental Impact Statement (DEIS), to solicit written comments on the Draft Plan and the DEIS and oral comments at a series of public meetings to be held across the State, and to inform the public of the procedure for requesting evidentiary hearings in the event that there is any dispute as to material facts contained in the Draft Plan.

Issuance of the Draft Plan

The Energy Planning Board has issued a Draft Plan which contains, among other things, the forecasts and assessments required by Article 6 of the Energy Law and addresses the issues identified by the Board in a Public Notice published in the State Register on April 18, 2001. The Draft Plan is intended to provide strategic direction and guidance and to coordinate state governmentís energy-related activities over the next several years.

Completion of the DEIS

The Energy Planning Board, as lead agency, has completed a DEIS pursuant to Article 8 of the Environmental Conservation Law relating to the preparation and issuance of the Draft Plan. This is an unlisted, statewide action under the State Environmental Quality Review Act (SEQRA). The analysis constituting the DEIS is integrated with the Draft Plan and the Plan includes a separate section which outlines compliance with SEQRA.

Public Comment Hearings on the Draft Plan and the DEIS

The Energy Planning Board hereby gives notice that public comment hearings will be held for the purpose of receiving oral comments on the Draft Plan and the DEIS at the following locations and times:

Buffalo - January 23, 2002, 9:00 am and 1:00 pm at the Adams Mark Hotel, 120 Church Street, Buffalo, New York 14202.

Rochester - January 24, 2002, 9:00 am and 1:00pm at the Four Points Sheraton Rochester Riverside Hotel, 120 Main Street, Rochester, New York 14604.

Syracuse - January 29, 2002, 9:00 am and 1:00 pm in Grewen Hall at LeMoyne College, 1419 Salt Spring Road, Syracuse, New York 13214.

Binghamton - January 30, 2002, 9:00 am and 1:00 pm at the Best Western Binghamton Regency Hotel and Conference Center, 225 Water Street, 1 Sarbro Square, Binghamton, New York 13901.

Mineola - February 5, 2002, 10:00 am and 2:00 pm at the Long Island Marriot, 101 James Doolittle Boulevard, Uniondale, New York 11553.

Manhattan - February 26, 2002, 10:00 am and 2:00 pm at the W Hotel at Times Square, 1567 Broadway at 47th Street, New York, NY 10036.

Brooklyn - February 27, 2002, 10:00 am and 2:00 pm in the Auditorium of the Brooklyn Museum of Art, 200 Eastern Parkway, Brooklyn, New York 11238.

Albany - March 5, 2002, 9:00 am and 1:00 pm at the New York State Department of Environmental Conservation, Public Assembly Room, 625 Broadway, Albany, New York 12233.

Persons who wish to speak should register in advance by contacting Paul DeCotis at the address set forth below.

In addition to these hearings, staffs of the Energy Planning Board agencies will be giving a technical briefing on the draft plan in Albany on January 15, 2002 at 10:00 am, at the Empire State Plaza, Meeting Room 7.

Submission of Written Comments

The public is also invited to submit written comments on the Draft Plan and the DEIS. Written comments should be submitted to Paul DeCotis at the address set forth below and must be received no later than 5:00 pm on March 15, 2002.

Requests for Evidentiary Hearings

Any interested person may request evidentiary hearings on the issues identified in paragraph 6-104(2)(a) of the Energy Law or on the factual basis for any other issue identified in subdivision 6-104(2). Any such request must comply with the requirements of 9 NYCRR 7848.4(a). The original and five copies of any such request must be served on the Board no later than March 5, 2002. The Board may be served by delivery to Roger D. Avent, New York State Energy Research and Development Authority, Corporate Plaza West, 286 Washington Avenue Extension, Albany, New York 12203-6399. Copies of any such requests must be served on all persons included on the Boardís service list at the same time as the request is served on the Board. A copy of the Boardís service list can be obtained from Roger Avent by writing to him at the same address or by calling (518) 862-1090, extension 3333. In the event timely requests for evidentiary hearings are received, the Board will issue a ruling as to whether such hearings are warranted and will specify the issues to be addressed.

Further information about the Draft Plan, the DEIS, and the public comment hearings may be obtained from Paul DeCotis at:

New York State Energy Planning Board, c/o New York State Energy Research and Development Authority, Corporate Plaza West, 286 Washington Avenue Extension, Albany, New York 12203-6399, phone: (518) 862-1090, extension 3321.

Revised Negative Declaration

New York City County - The City Planning Commission, as lead agency, has determined that the proposed 360 West 43rd Street will not have a significant adverse environmental impact. The action involves: 1) a zoning text amendment to Zoning Resolution (ZR) Section 96-102, that for purposes of determining lot coverage, any part of a building that is listed as a permitted obstruction in open space or in the rear yard shall not be included in lot coverage in the two C6-2districts that lie within the Special Clinton Districtís Preservation Area (N010696ZRM).The effect of the proposed zoning text amendment would be to allow the extension of the ground floor areas of new or existing buildings to not count towards lot coverage calculations. These areas could be used for residences, stores or offices, or community facilities.

2) a special permit pursuant to ZR Sections 13-562, 74-52, and 96-111, to permit a 105-space attended parking garage on the below grade levels of a building (C010698ZSM)

3) a special permit pursuant to ZR Section 96-104, relating to "height regulations to modify height and setback requirements of the Special Clinton District to allow a midblock building to exceed the districtís 66-foot height limit (C010699ZSM).

The actions would facilitate a proposal by the applicant to construct a mixed use development for a site located on the east side of Ninth Avenue between West 42nd and West 43rd Streets (Block 1033, Lots 1, 2, 61, 63, 64, 101, 161 and 162) in Manhattan, Community District 4. The site is within a C6-2 and C6-4 zoning district. A portion of the site is located within the Special Clinton District Preservation Area. The proposed project would involve construction of one new residential building, a below-grade public parking garage, and renovation of four existing tenement buildings.

The new residential building would be developed with ground-level retail on the western portion of the block bounded by West 42nd and West 43rd Streets and Eighth and Ninth Avenues and would have three wings of varying height. One section would be a 235-feet tall tower (23-stories) which would be located on the northeast corner of West 42nd Street and Ninth Avenue. The second section would be 99 feet (10-stories) in height, and would be located directly south of McCaffery Park, fronting West 43rd Street. The third section would be 45 feet (4 stories) in height and would be located at the southeast corner of West 43rd Street and Ninth Avenue. The new residential building would contain 256 dwelling units, 10,898 sq. ft. of ground-level retail, and a below grade parking garage containing 70 public spaces and 35 accessory spaces.

The four tenement buildings, located on Ninth Avenue, would be renovated to contain 20 dwelling units and 6,870 square feet of ground-level retail.

In total, the proposed project would provide 276 dwelling units and 18,799 sq. ft. neighborhood retail and a below grade, 105-space parking garage. Without the special permits, the project sponsor would develop the site as-of-right, with a total of 262 dwelling units, 15,363 sq. ft. of ground-level retail, and 35 accessory parking spaces.

It is anticipated that the applicant would apply for New York State Housing Finance Agency 80-20 Taxable Bond Financing Program. Absent the 80-20 Financing, the project sponsor would construct the same number of market rate units with the same unit mix. The Department of City Planning has conducted a coordinated review with the New York State Housing Finance Agency.

Contact: Robert Dobruskin, Department of City Planning, 22 Reade Street, New York, NY 10007, phone: (212) 720-3423.