ENB - REGION 2 NOTICES

Completed Applications
Consolidated SPDES Renewals

Notice of Proposed Rulemaking

Pursuant to the Environmental Conservation Law Sections 13-0323 and 13-0327, the Department of Environmental Conservation hereby gives notice of the following:

Notice of Proposed Rulemaking for 6NYCRR Part 49 relating to scallops and oysters. This notice will be published in issue 16 of the State Register, dated 4/19/2006.

For further information contact:

Debra Barnes
Department of Environmental Conservation
205 North Bellemeade Road
East Setauket, NY 11733
Phone: (631) 444-0483
Email: dabarnes@gw.dec.state.ny.us


Negative Declaration

New York City County - The NYC City Planning Commission, as lead agency, has determined that the proposed 197-a Plan for the Eastern Section of Community District 6 (CEQR No.06DCP088M - ULURP No. N060273NPM - Community District 6, Manhattan) will not have a significant adverse environmental impact. The proposed 197-a Plan focuses particular attention on areas where significant changes are anticipated. These changes include the following:

In addition to these large-scale individual projects, the Comprehensive Manhattan Waterfront 197-a Plan, adopted in 1997 by the City Council, makes specific recommendations for the area, including the creation of a continuous waterfront esplanade and improved access to the East River waterfront. Portions of the esplanade have already been constructed with the creation of Stuyvesant Cove Park, between East 23rd and East 18th Streets. The proposed 197-a Plan addresses the completion of the esplanade along the entire Community District 6 waterfront.

The Environmental Assessment and Review Division of the Department of City Planning, on behalf of the City Planning Commission, has completed its technical review of the Environmental Assessment Statement dated March 30, 2006, prepared in connection with the ULURP Application (N060273NPM). The City Planning Commission has determined that the proposed action will have no significant effect on the quality of the environment.

The above determination is based on an environmental assessment which finds that no significant effects on the environment which would require an Environmental Impact Statement are foreseeable.

Contact: Patrick Blanchfield, New York City Department of City Planning, Environmental Assessment and Review Division, 22 Reade Street - Room 4E, New York, NY 10007, phone: (212) 720-3346, fax: (212) 720-3495.


New York City County - The NYC Board of Standards and Appeals, as lead agency, has determined that the proposed 33 Vestry Street (BSA Cal. No. 297-05-BZ - CEQR No. 06BSA020M), will not have a significant adverse environmental impact. Public comment period ends May 12, 2006. The action involves a Zoning Variance (use) pursuant to ZR § 72-21 to allow a proposed nine (9) story residential building containing seven (7) dwelling units and eight (8) accessory parking spaces located in an M1-5 district (Area B2) of the Special Tribeca Mixed Use District; contrary to ZR § 42-00, § 111-104(b) and § 13-12. The project is located at 33 Vestry Street, Manhattan (Block 219, Lot 18).

Contact: Rory Levy, Board of Standards and Appeals, 40 Rector Street, 9th Floor, New York, NY 10006-1705, phone: (212) 788-8749, fax: (212) 788-8769, e-mail: rlevy@dcas.nyc.gov.


Positive Declaration And Public Scoping

New York City County - The NYC City Planning Commission, as lead agency, has determined that the proposed First Avenue Properties Rezoning may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. A Positive Declaration for the proposal was issued on February 17, 2006 and the first of two public scoping meetings was held on March 28, 2006. A second scoping will be held on Tuesday, May 16, 2006. The second scoping meeting is intended to provide an opportunity for potentially affected community districts throughout New York City to comment on the proposed zoning text amendments associated with the above-referenced proposal. The zoning text amendments concern General Large-Scale Developments and would apply to certain sites in C5 and C6 zoning districts located in Manhattan Community Districts 1, 2, 3, 4, 5, 6, and 8; Queens Community Districts 2 and 12; and Brooklyn Community District 2.

The meeting will take place at Yeshiva University's Geraldine Shottenstein Cultural Center, 239 East 34th Street, between Second and Third Avenues, New York, New York, 10016. The meeting will be held in two sessions: one beginning at 4 PM and another beginning at 7 PM.

Public comments are requested with respect to issues to be addressed in the SEIS. Comments will be accepted by the lead agency through Friday, May 26, 2006. Comments should be addressed to Robert Dobruskin, Director, Environmental Assessment and Review Division (EARD), New York City Department of City Planning, 22 Reade Street, 4E, New York, New York 10007.

Copies of the Draft Scope of Work and the Environmental Assessment Statement may be obtained from the Environmental Assessment and Review Division (EARD), New York City Department of City Planning, 22 Reade Street, 4E, New York, New York 10007, Robert Dobruskin, Director (212) 720-3423; or from the Office of Environmental Coordination, 100 Gold Street, 2nd Floor, New York, New York 10038, Robert Kulikowski, Director (212) 788-2937. The Draft Scope of Work and scoping protocol are also available for download at www.nyc.gov/planning.

The proposal involves an application by East River Realty Company, LLC, (ERRC) for a zoning map amendment to change existing C1-9, M1-5 and M3-2 zoning districts to C4-6 and C5-2 zoning districts. The proposal also includes several zoning text amendments, special permits and certifications, described in greater detail below. The project area is generally bounded by First Avenue and the FDR Drive and East 35th and East 41st streets and is located within Community District 6, Manhattan.

The proposed action would facilitate a proposal by the applicant to develop four parcels located at 616 First Avenue (Block 967, Lot 1), 685 First Avenue (Block 945, Lot 33) and 700 and 708 First Avenue/Waterside (Block 970, Lot 1). The development parcels contains an aggregate area of approximately 378,280 square feet.

On November 15, 2000, Con Edison entered into a contract of sale with ERRC for the transfer of its fee interest in the four parcels. The sale of the parcels required discretionary approval from the New York State Public Service Commission (PSC) and, therefore, compliance with Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and its implementing regulations (6 NYCRR Part 617) (SEQRA). On June 24, 2002, PSC, acting as the lead agency for the environmental review, accepted the Draft Generic Environmental Impact Statement (DGEIS) as complete and issued it for public comment. Based on the comments received and announcements of other projects in the immediate area of the parcels, the PSC determined that additional environmental analysis would be necessary and prepared a Supplemental DGEIS. The Supplemental DGEIS was completed on May 23, 2003. On January 30, 2004, the PSC adopted and issued a Final Generic Environmental Impact Statement (FGEIS), which incorporated the DGEIS and Supplemental DGEIS.

Because the applicant’s development program may result in significant adverse environmental impacts not identified in the FGEIS, an SEIS is being prepared. The SEIS will analyze the extent to which the proposed action could result in any significant adverse environmental impacts not previously identified in the FGEIS.

As noted above, the proposed action would change the existing C1-9, M1-5 and M3-2 zoning districts to C4-6 and C5-2 zoning districts. C1-9 zoning districts allow residential and commercial retail uses built to a maximum FAR of 12.0 (maximum FAR of 2.0 for commercial uses). M1-5 and M2-3 zoning districts allow manufacturing and some commercial uses built to FARs of 5 and 2, respectively. The proposed C4-6 and C5-2 zoning districts allow residential and commercial uses to a maximum FAR of 12 (residential use is allowed in mixed-use buildings in C5-2 districts only if the residential use is located above a commercial use).

In addition to the zoning map amendments, the proposed action includes zoning text changes, special permits and certifications, which are described in detail below.

The proposed action includes the following zoning text amendments to:

The proposed action includes the following special permits:

The proposed action includes the following ministerial certifications pursuant to:

The applicant intends to record a Restrictive Declaration that will contain provisions governing as-of-right development on the four parcels (under the proposed zoning map amendments), in the event that the General Large Scale Development Special Permit is not exercised. These provisions will:

In addition to the actions described above, the applicant is seeking modification to a previously approved New York City Board of Standards and Appeals (BSA) special permit authorizing development of a substation at 685 First Avenue. The modification of the special permit is required for new development at the site.

The proposal has an anticipated completion date of 2014. According to the EAS, absent the proposed action in 2014, conditions on the development parcels would remain the same as the existing conditions, with the exception of the ongoing demolition of the decommissioned Waterside power plant (which will occur in the absence of the proposed action).

Contact: Patrick Blanchfield, New York City Department of City Planning, Environmental Assessment and Review Division, 22 Reade Street - Room 4E, New York, NY 10007, phone: (212) 720-3346, fax: (212) 720-3495.