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Notice of Proposed Rule-making: 6 NYCRR Part 40

Pursuant to the Environmental Conservation Law §§ 11-0303, 11-1303, 13-0335, 13-0338, 13-0339-a, 13-0340, 13-0340-b, 13-0340-c,13-0340-e, 13-0340-f, 13-0342, and 13-0347, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Adoption for 6NYCRR Part 40 relating to marine fish. This notice will be published in issue 46 of the State Register, dated 11/16/2005.

For further information contact:

Alice Weber
NYS Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Telephone: 631-444-0435
email: amweber@gw.dec.state.ny.us

Brownfield Cleanup Program

Significant Threat Determination and
Approval of Remedial Investigation & Remedial Action Work Plans

Site Name: East River Plaza Site
Lead Agency: New York State Department of Environmental Conservation
Site Number: C 231045

The New York State Department of Environmental Conservation (NYSDEC) administers the Brownfield Cleanup Program (BCP) pursuant to State Environmental Conservation Law (ECL) 27-1400 et seq. The BCP was created to encourage the remediation and redevelopment of contaminated properties known as brownfields. The requestor indicated above has submitted a BCP application for investigation of the site indicated above.

Site Location and Background – The East River Plaza Site is located in East Harlem between 116th and 119th Streets along Harlem River Drive, is owned by Tiago Holding, LLC and consists of a former industrial property. Past use of the property has resulted in soil and groundwater impacts, some of which have been remediated. The entire 4.5-acres site is the former Washburn Wire Manufacturing facility, which was used for wire manufacturing activity for many decades. The manufacturing activities were terminated in the 1980s. Since that time, the site has been inactive and abandoned. The current property owner hopes to engage in a redevelopment for commercial retail use and possible residential uses. Redevelopment plans include excavation of the majority of the Site to between six and nine feet below the present grade elevation to allow for new building construction. Approximately 30,000 cubic yards of soil will be excavated and much of the excavated soil will be removed from the Site and disposed. Remedial Investigation has shown that a substantial amount of the soil that will be excavated is contaminated.

Summary of remedial action work plans – The majority of the previous buildings at the site have been demolished. The following is the summary of the remedial activities proposed in the draft RAWP:

Significant threat determination – As part of every BCP project, NYSDEC in conjunction with NYSDOH, is required to make a determination whether the conditions at the Site pose a significant threat to human health or the environment, as defined in the NYSDEC’s regulations at 6 NYCRR Part 375. NYSDEC has determined that the conditions at this Site do not pose a significant threat to human health or the environment. This decision is based on the nature of the contaminants identified at the Site; the location of the Site with respect to natural resources such as wetlands and surface water bodies; and that people are not being exposed to the contaminants at the Site. As such, funding for a Technical Assistance Grant, or TAG, will not be available.

Next Steps – This Fact Sheet announces commencement of remedial action at this Site. All of activities conducted as part of the RAWP and all the results will be documented in a Final Engineering Report. A Fact Sheet announcing availability of Final Engineering Report will be distributed.

Document Repositories:

Aguilar Public Library
174 110th Street
New York, NY 10029
Telephone: (212) 534-2930

NYSDEC Region 2 Office
47-40 21st Street
Long Island City, NY 11101
(call in advance) (718) 482-4897

Contact: Shaminder Chawla, Project Manager, New York State Department of Environmental Conservation, 47-40 21st Street, Long Island City, NY 11101, (718) 482-4897, email: spsingh@gw.dec.state.ny.us

Positive Declaration And Public Scoping

New York City County - The New York City Planning Commission, as lead agency, has determined that the proposed West 61st Street Rezoning and Citywide GLSD Text Amendment may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A public scoping session will be held on December 20, 2005 at 10:00 a.m. at the City of New York Department of City Planning, Spector Hall, 22 Reade Street, New York, New York. Written comments will be accepted by the lead agency through the tenth day following the scoping meeting. The action involves West End Enterprises, LLC and West 60th Street Associates, LLC, proposing an amendment to the zoning map to change the zoning designation of the western half of the block bounded by West End Avenue, West 61st Street, Amsterdam Avenue, and West 60th Street (Block 1152, Lots 1, 5, 8, 10-13, p/o 43, 52, 53, 55-58, and 61) from M1-6 to C4-7 and C6-2 in the Upper West Side neighborhood of Manhattan Community Board 7.

The applicant is also requesting a special permit pursuant to Zoning Resolution (ZR) Section 74-52 for a public parking garage, a special permit pursuant to ZR Section 74-74 for a general large-scale development, and a zoning text amendment to the provisions of ZR Section 74-74 to modify the open space requirements for certain large-scale developments in R8, C4, C5, and C6 zoning districts citywide.

The proposed actions would facilitate a proposal by the applicant to develop a mixed-use building on a property located at 239 West 60th Street (Block 1152, Lots 5, 8, 10-13, 43, 52, 53, and 55), which is a through-lot site with frontages on both West 60th Street and West 61st Street.

The proposed building would contain a total of approximately 481,425 gross square feet (gsf) of floor area consisting of 342 residential units; 4,420 gsf of medical office space; 10,340 gsf of ground-floor retail space; and 281 parking spaces, of which 121 would be accessory parking spaces and 160 would be public parking spaces. The applicant has merged the properties located at 242 West 61st Street (Block 1152, Lot 56) and 244 West 61st Street (Block 1152, Lot 57) with the project site to create a combined zoning lot. This would allow a portion of the unused development rights from these properties, which are developed with two 5-story residential buildings, to be used in developing the proposed project. The proposed project would be comprised of a 29-story tower with a maximum height of 372 feet and three mid-rise components of 7, 9 and 14 stories. Construction of the proposed project is expected to be completed in 2008.

Although the applicant intends to construct a development with 342 dwelling units on the projects site, a development with more dwelling units could be built under the proposed zoning. The reasonable worst case development scenario (RWCDS) to be analyzed in the EIS assumes that 559 units could be constructed on the project site, which would be the maximum number of dwelling units allowed under the proposed zoning.

The RWCDS also assumes that four additional properties would be developed as a result of the proposed rezoning. The property located at 246 West 61th Street (Block 1152, Lot 58), which is not under the control of the applicant, would be developed with a 10-story residential building containing approximately 61 dwelling units. In addition, the property located at 28 West End Avenue (Block 1152, Lot 61), also not under the control of the applicant, would be developed with a 31-story building containing approximately 190 dwelling units and a 100,000 gsf middle school. The RWCDS also assumes that the two 5-story residential buildings located at 242 West 61st Street (Block 1152, Lot 56) and 244 West 61st Street (Block 1152, Lot 57), which are under the applicant’s control, could each be enlarged with an additional penthouse unit.

The proposed text amendment to modify the open space provisions of ZR Section 74-74 would allow the City Planning Commission to waive the open space requirements for proposed general large-scale developments in R8, C4, C5, or C6 zoning districts provided that the applicant comply with the applicable open space requirements of the Quality Housing Program. The zoning districts within which the proposed text amendment could potentially be utilized (R8, C4, C5, and C6) are located within areas of Manhattan Community Districts 1-8, and 10-12; Queens Community Districts 1-10, and 12-14; Bronx Community Districts 1-3, 5-7, and 9-12; Staten Island Community Districts 1-3; and Brooklyn Community Districts 1-6, 8, 9, 11, 12, and 14-18. Public comments are requested with respect to the issues to be addressed in the draft environmental impact statement.

Contact: Brad Kieves, NYC Department of City Planning, Environmental Assessment and Review Division, 22 Reade Street, 4E, New York, New York 10007, phone: (212) 720-3417, e-mail: bkieves@planning.nyc.gov.