ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

6NYCRR Part 40 Notice of Emergency Adoption and Proposed Rule Making

Pursuant to the Environmental Conservation Law, Sections 13-0303, 13-0340, 13-0340-b, 13-0340-e and 13-0340-f, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Emergency Adoption and Proposed Rule Making of 6NYCRR Part 40 relating to marine fish. This notice will be published in issue 17 of the State Register, dated 4/27/2005 and was effective upon filing on 4/8/2005.

For further information contact:
Byron Young, Bureau of Marine Resources
Division of Fish, Wildlife and Marine Resources
205 N. Belle Meade Rd.
East Setauket, NY 11733
Telephone: (631) 444-0435
E-mail: bhyoung@gw.dec.state.ny.us


Public Notice

Notice is made that

Eun Ju Lee, Owner
Lee’s Excellent Cleaners, Inc.
345 Kings Highway
Brooklyn, NY 11223
DEC ID: 2-6107-00236

upon application and investigation has satisfied the requirements of 6 NYCRR Part 232, §232.3 Variances.

§232.3 Variances, allow Perchlorethylene Dry Cleaning Facility owners who meet the specific requirements of this section to petition the Department to be relieved of certain Part 232 requirements. In this instance, the above applicant is seeking a §232.3 Variance in relief of the §232.6 requirement to install only new fourth generation equipment at new or expanding facilities. In particular, the applicant seeks to move a used, 4th Generation dry cleaning machine from the above facility to:

Lee’s Excellent Cleaners, Inc.
334 Kings Highway
Brooklyn, NY 11223
DEC ID: 2-6107-00236

The Department grants the applicant a variance from the requirements of 232.6 and 232.13 for this one instance. This variance shall be maintained by operating the facility in full compliance with Part 232 and all other applicable regulations.

New York State Department of Environmental Conservation
Permitting and Compliance Section
Bureau of Stationary Sources
Division of Air Resources
Phone: (518) 402-8403


Draft Hudson River Estuary Action Agenda 2005-2009 And Notice Of Acceptance of Generic Environmental Impact Statement

Lead Agency: New York State Department of Environmental Conservation

Project Title: Draft Hudson River Estuary Action Agenda 2005-2009 and Generic Environmental Impact Statement

Brief Project Description: The NYS Department of Environmental Conservation had released for public review and comment, Governor George E. Pataki’s Draft Hudson River Estuary Action Agenda 2005-2009 and Draft Generic Environmental Impact Statement . The Draft Action Agenda is a continuation of a planning process that began in May 1996 when the first Estuary Action Plan was approved , and was later updated in 1998 and again in 2001. The Draft Action Agenda 2005-2009 identifies projects proposed to be implemented over a four year period by DEC and, in partnership with other agencies.

Periodic evaluation of the Hudson River Estuary Program’s agenda assures DEC and the public that goals are being met and presents an opportunity to fine-tune existing commitments. The Draft Action Agenda 2005-2009 proposes an agenda that includes the continuation and expansion of fisheries research and management, biodiversity and habitat conservation, as well as new initiatives in the areas of water quality monitoring and increased citizen involvement and educational opportunities.

The Draft Hudson River Estuary Action Agenda 2005-2009 and Draft Generic Environmental Impact Statement is available on the web at: www.dec.state.ny.us/website/hudson/hrep.html . Hard copies of the Draft Action Agenda are available by contacting the Hudson River Estuary Program at: NYS DEC Region 3 Office, 21 South Putt Corners Road, New Paltz, NY 12561 Phone (845) 256-3016. FAX (845) 255-3649; e-mail address: HREP@gw.dec.state.ny.us

Comments will be accepted through COB, June 20, 2005, at the above addresses, contact numbers, and through our web address; HREP@gw.dec.state.ny.us Please be sure to include the words Hudson River Action Agenda in the subject line of your e-mail.

Project Location: This project covers the Hudson River Estuary, from the Troy dam to the Verrazano Narrows, and includes the surrounding watershed, also known as the Hudson River Valley.

For Draft GEIS Public Comment Period Ends: COB June 20, 2005

Contact Person: Nancy Beard, Citizen Participation Specialist I
NYS Department of Environmental Conservation
DEC Region 3
Hudson River Estuary Program
21 South Putt Corners Road
New Paltz, NY 12561
Phone: (845) 256-3016
Fax: (845) 255-3649
E-mail: HREP@gw.dec.state.ny.us (Please be sure to include the words Hudson River Action Agenda in the subject line of your e-mail.)


Conditioned Negative Declaration

New York City (Bronx) County - The NY City Planning Commission, as lead agency, has determined that the proposed Rezoning of Bronx Block 2953 (CEQR No.03DCP053X - ULURP No. 030370 ZMX) will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves the applicant, VIP Community Services, proposing an amendment to the Zoning Map to change an M1-2 district to an R7-1 district on the western portion of the block (Block 2953, Lots 1, 6, 9, 11, 12, and 13) bounded by East 175th Street to south, Prospect Avenue to the west and East 176th Street to the north in the Crotona section of Bronx Community District 6. The remainder of Block 2953 is currently zoned M1-2, and as described below, includes an (E) designation for noise on Block 2953, all lots. This (E) designation will remain for this block.

The proposed action would facilitate a proposal by the applicant to develop a five story residential building on a vacant parcel located at 760 East 176th Street (Lot 13). The applicant intends to apply to the New York State Office of Alcoholism and Substance Abuse Services for funding to operate a residential treatment facility. This funding is pending at the time of this CEQR review, is discretionary, and subject to SEQR. A coordinated review is not being conducted. It is expected that the redevelopment of the applicant’s site would be completed by 2007. The remaining lots in the rezoning area are developed with residential uses (Lots 1, 9 and 11), a community facility (Lot 12), and a vacant parcel (Lot 6). The area proposed for this rezoning is contiguous to an operational Department of Sanitation (DOS) facility.

The conditions are:

For the properties located at 760 East 176th Street (Block 2953, Lot 13) the applicant agrees via a restrictive declaration to prepare a hazardous materials sampling protocol, including a health and safety plan, which would be submitted to DEP for approval. The declaration establishes an agreement to test and identify any potential hazardous material impacts pursuant to the approved sampling protocol and, if any such impact is found, submit a hazardous material remediation plan including a health and safety plan to DEP for approval. If necessary, remediation measures would be undertaken pursuant to the remediation plan.

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


New York City County - The NY City Planning Commission, as lead agency, has determined that the proposed 132nd Street Demapping (CEQR No. 05DCP021Q - ULURP No. 050241 MMQ) will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves the applicant, Whiterock Ventures LLC, proposing to demap an approximately 17,523 square foot portion of 132nd Street, that runs north/south between 11th Avenue and 14th Avenue in the College Point section of Queens, Community District 7.

This portion of 132nd Street is currently unbuilt and is mapped adjacent to three lots (Block 4012, Lots 1, and 143; and Block 4011, Lot 1), which are owned by the applicant and currently are used for parking. The proposed action would facilitate the construction of a 13,774 square-foot commercial building containing retail and office use with a 47-space accessory parking lot. Without the proposed action, the existing parking lot would remain. The subject site is located in an M1-1 zoning district. It is expected that construction will be completed in 2007.

The conditions are:

The applicant agrees via a restrictive declaration to prepare a hazardous materials sampling protocol including a health and safety plan, which would be submitted to the Department of Environmental Protection (DEP) for approval. The applicant agrees to test and identify any potential hazardous material impact pursuant to the approved sampling protocol and, if any such impact is found, submit a hazardous material remediation plan including a health and safety plan to DEP for approval. If necessary, remediation measures would be undertaken pursuant to the remediation plan.

The restrictive declaration also restricts the manner in which the property may be developed or redeveloped, by requiring the sampling protocol and remediation measures to serve as a condition precedent to any change of use in any such development or redevelopment of the property.

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


New York City County - The NY City Planning Commission, as lead agency, has determined that the proposed 1129-1133 York Avenue will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves the applicant, Witkoff York LLC, seeking two discretionary actions affecting two properties in the Lenox Hill neighborhood of Manhattan, Community District 8. The proposed actions include a zoning map amendment to change a C8-4 zoning district to a C1-9 zoning district and, pursuant to Zoning Resolution Section 74-52, a special permit for a 100-space public parking garage in a high density central area. The rezoning area is located on Block 1456 on the west side of York Avenue between East 61st and East 62nd Streets and would be mapped to a depth of 100 feet. The rezoning area covers a portion of Lot 21, which is controlled by the applicant, and a portion of Lot 26, which is not under the applicant’s control. The portions of Lots 21 and 26 which are not proposed to be rezoned would remain in a C8-4 zoning district.

The proposed actions would facilitate a proposal by the applicant to develop an approximately 142,733 gross square feet (gsf), 26-story mixed use building containing 120 residential units and 6,163 gsf of commercial floor area on the property located at 1129-1133 York Avenue (Block 1456, Lot 21). The proposed actions would also facilitate the construction of a 100-space public parking garage to be located on the building’s cellar and sub-cellar levels, with an entrance on the first floor that would utilize an existing curb cut on East 61st Street. The property is currently developed with an approximately 45,000 gsf, four-story structure occupied by a telecommunications company for offices, parking of company vehicles and equipment storage, which would be demolished.

The conditions are:

In order to ensure an acceptable interior noise environment, future residential uses must provide a closed window condition with a minimum of 35 dB(A) window/wall attenuation on all facades in order to maintain an interior noise level of 45 dB(A). In order to maintain a closed-window condition, an alternate means of ventilation would also have to be provided. Alternate means of ventilation would include, but would not be limited to, central air conditioning or air conditioning sleeves containing air conditioners or HUD-approved fans.

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


Negative Declaration

New York City (Queens) County - The NY City Planning Commission, as lead agency, has determined that the proposed Cambria Heights Rezoning will not have a significant adverse environmental impact. The action involves The New York City Department of City Planning (DCP) is proposing Zoning Map amendments for all or portions of 198 blocks in the eastern Queens neighborhood of Cambria Heights, Community District 13. The rezoning area is generally bounded by Murdock Avenue to the north, Cross Island Parkway to the east, 121st Avenue and Francis Lewis Boulevard to the south and Springfield and Francis Lewis Boulevards to the west.

The amendments to the Zoning Map are as follows:

The purpose of the rezoning is to preserve the existing low-density character of the neighborhood, which is primarily comprised of single and two-family detached homes. The proposed action will limit new developments to single and two-family semi-detached and detached housing, thereby ensuring that future development will be consistent with and accurately reflect the neighborhood’s existing pattern of development. Existing semi-detached, attached, and multifamily buildings would become legally non-conforming uses within the Rezoning Area. The proposed zoning would not significantly alter land use nor would it affect the amount of future development.

In addition to the aforementioned zoning map amendments, DCP also proposes modifications to the proposed R2A zoning designation, which is being created in connection with the Bayside Rezoning (N 050148 ZRY). The proposed revision to R2A zoning designation would establish a front yard line up requirement that would help guide development to better match the existing character of the neighborhoods where this zoning designation would be applied.

Contact: Robert Dobruskin, City Planning Commission, 22 Reade Street Rm. 4E, New York, NY 10007, phone: (212) 720-3423, fax: (212) 720-3495.


New York City (Richmond) County - The NY City Planning Commission, as lead agency, has determined that the proposed Prince’s Bay Rezoning will not have a significant adverse environmental impact. The action involves amendments to the zoning map to rezone portions of the Prince’s Bay area of Staten Island, Community District 3 within the Special South Richmond Development District from R3X to R1-1 and R1-2 and from R3-2 to R3X.

Contact: Robert Dobruskin, City Planning Commission, 22 Reade Street Rm. 4E, New York, NY 10007, phone: (212) 720-3423, fax: (212) 720-3495.