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Conditioned Negative Declaration

New York City (Queens) County - The New York City Planning Commission, as lead agency, has determined that the proposed 45-02 83rd Street, Elmhurst 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 an application by H. K. Development Group, LTD. for a zoning map amendment to change an R6B and R6B/C2-3 district to an R7A/C2-3 district. The proposed action would affect a portion of the block fronting the south side of 45th Avenue between 82nd and 83rd Streets in the Elmhurst section of Community District 4, Queens. The affected addresses are 82-02/20 45th Avenue, 45-01/15 82nd Street, and 45-02/16 83rd Street (Block 1536, Lots 201, 210, 215 and 247). The proposed rezoning area is contiguous to an R7-A zone to the north.

The proposed action would facilitate the development of two new residential buildings containing a total of 151,366 gross square feet floor area, including 34,500 square feet of ground-floor retail space, 115 dwelling units and 150 parking spaces. It is anticipated that one building (Block 1536, Lot 215) would be 8-stories high with 70 dwelling units, and the other (Block 1536, Lot 247) 6-stories high with 45 dwelling units. The parking garage is expected to have entrances on 82nd and 83rd Streets. The uses on the other two lots within the rezoning area are expected to remain unchanged.

The affected area is 59,384 square feet and currently occupied by a one story supermarket to remain (Lot 201) with accessory parking (Lot 247) which will be developed, a one story commercial building to remain (Lot 210) and a one story warehouse (Lot 215) to be removed and redeveloped with a new residential building.

The conditions are:

The applicant agrees via a restrictive declaration to prepare a hazardous materials sampling protocol including a health and safety plan, including an ACM (Asbestos Containing Materilas) abatement program which would be submitted to the Department of Environmental Protection (DEP) for approval. The applicant agrees to provide a Health and Safety Plan prior to starting the proposed demolition activities and 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, New York City Planning Commission, 22 Reade Street, New York, New York 10007, phone: (212) 720-3423.