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<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-1<br />
Staten Island Supreme Courthouse Project Draft EIS<br />
Section 2. Land Use, Zoning and Public Policy<br />
Introduction<br />
Land use refers to the activity that is occurring on land and within the structures that<br />
occupy it. Types of uses include residential, retail, commercial, industrial, vacant land and<br />
parks. 11 Under CEQR, an analysis of land use patterns characterizes the uses and development<br />
trends in the area in addition to considering zoning regulations and public policy initiatives that<br />
may be affected by the <strong>Proposed</strong> Project. Based on this analysis of existing land use patterns, it is<br />
then determined whether the <strong>Proposed</strong> Project would be compatible with the existing land use<br />
conditions or if it would adversely impact these patterns.<br />
Zoning and other regulatory controls such as master plans and rezoning plans are also<br />
major determinants of land use. The Zoning Resolution of the City of New York has established<br />
zoning districts, standards and requirements used to regulate and guide development in New York<br />
City. 12 Zoning regulations define permitted uses, lot coverage, building density, setbacks and<br />
building heights, open space coverage and parking requirements.<br />
According to the CEQR Technical Manual, a land use assessment is appropriate if a<br />
<strong>Proposed</strong> Project would result in a significant change in land use or would substantially affect<br />
regulations or policies governing land use. Examples of actions that may affect land use or land<br />
use policy include zoning special permits, site selection for public facilities, land dispositions or<br />
acquisitions and zoning map or text changes. 13 The <strong>Proposed</strong> Project represents a significant<br />
intensification of land use on the Project Site and also includes several ULURP-related actions,<br />
including a zoning special permit for construction of a public parking garage with open rooftop<br />
parking, site selection for a public facility for the proposed courthouse and parking garage, as<br />
well as property acquisition and site selection actions for the Interim Construction Parking Lot<br />
planned for the vacant lot adjacent to the St. George Theatre on Hyatt Street (refer to Zoning<br />
subsection). Accordingly, pursuant to CEQR, a detailed land use assessment is warranted to<br />
examine the <strong>Proposed</strong> Project’s effects on existing land use, zoning, and public policy in the<br />
project study area.<br />
The primary and secondary study areas of this study extend one-quarter mile and one-half<br />
mile from the boundaries of the Project Site. These study areas represent the basis for all<br />
analyses conducted in this section. Land use patterns, zoning and public policy are discussed<br />
generally within the secondary study area, approximately one-half mile from the Project Site. A<br />
more detailed examination is made of existing land use, zoning and development within the<br />
primary study area, extending approximately one-quarter mile from the Project Site.<br />
Representative photographs 1 to 16, located at the end of this section, present views of the study<br />
area and Project Site.<br />
11<br />
The City of New York. City Environmental Quality Review (CEQR) Technical Manual. October 2001. p.<br />
3A-1.<br />
12<br />
The City of New York City Planning Commission. Zoning Resolution of the City of New York, June 29,<br />
2006. http://www.nyc.gov/html/dcp/html/zone/zonetext.shtml (July 27, 2006).<br />
13<br />
The City of New York. CEQR Technical Manual. October 2001. p. 3A-5.
Hudson County<br />
Richmond County<br />
Webster Avenue<br />
Jersey Street<br />
York Avenue<br />
Ely Street<br />
Jersey Street<br />
Stanley Avenue<br />
Westervelt Avenue<br />
Castleton Avenue<br />
Staten Island<br />
Victory Boulevard<br />
Project Site<br />
Cleveland<br />
Street<br />
Beechwood Avenue<br />
Cebra Avenue<br />
Egmont Place<br />
Layton Avenue<br />
Taft Avenue<br />
Hendricks Avenue<br />
Bismark Avenue<br />
Manhattan<br />
St. Marks Place<br />
Curtis Place<br />
Crescent Avenue<br />
Benzinger Avenue<br />
Winter Avenue<br />
Scribner Avenue<br />
Brooklyn<br />
Interim Construction-Period<br />
Parking<br />
Hamilton Avenue Academy Pl.<br />
Sherman Avenue<br />
New York City Boundary<br />
Richmond Terrace<br />
Corson Avenue<br />
Brook Street<br />
Queens<br />
Fort Hill Circle<br />
Westervelt Avenue<br />
0 0.25 0.5<br />
Miles<br />
Source: NYC Department of City Planning<br />
Vine Street<br />
Ward Avenue<br />
Fort Place<br />
Low Terrace<br />
Nixon Avenue<br />
Borough<br />
Boundary<br />
Area Lots<br />
Belmont Place<br />
Monroe Avenue<br />
Victory Boulevard<br />
Tompkins Circle<br />
Wall Street<br />
Montgomery Avenue<br />
Hyatt Street<br />
St. Marks Place<br />
Stuyvesant Place<br />
Richmond Terrace<br />
Central Avenue<br />
Hannah Street<br />
Swan Street<br />
Grant Street<br />
St. Pauls Street Van Duzer Street<br />
Clinton Street<br />
Brewster Street<br />
Bay Street<br />
Borough Place<br />
Slosson Terr.<br />
Van Duzer Street<br />
Bay Street<br />
Primary Study Area<br />
(Quarter-Mile Radius)<br />
Secondary Study Area<br />
(Half-Mile Radius)<br />
Figure 2-1:<br />
Study Area Map<br />
Staten Island Supreme Courthouse Project
Hudson County<br />
Richmond County<br />
Webster Avenue<br />
Jersey Street<br />
York Avenue<br />
Ely Street<br />
Jersey Street<br />
Stanley Avenue<br />
Westervelt Avenue<br />
Castleton Avenue<br />
Victory Boulevard<br />
Project Site<br />
Cleveland<br />
Street<br />
Beechwood Avenue<br />
Cebra Avenue<br />
Interim<br />
Construction-Period<br />
Parking<br />
Borough<br />
Boundary<br />
Egmont Place<br />
Layton Avenue<br />
Taft Avenue<br />
St. Marks Place<br />
Hendricks Avenue<br />
Bismark Avenue<br />
Curtis Place<br />
Crescent Avenue<br />
Benzinger Avenue<br />
Winter Avenue<br />
Scribner Avenue<br />
Corson Avenue<br />
Brook Street<br />
Hamilton Avenue Academy Pl.<br />
Sherman Avenue<br />
New York City Boundary<br />
Richmond Terrace<br />
Area Lots<br />
Fort Hill Circle Vine Street<br />
Primary<br />
Study Area<br />
Secondary<br />
Study Area<br />
0 0.25 0.5<br />
Miles<br />
Source: NYC Department of City Planning; Field Inspection<br />
Westervelt Avenue<br />
Ward Avenue<br />
Fort Place<br />
Low Terrace<br />
Nixon Avenue<br />
Belmont Place<br />
Monroe Avenue<br />
Victory Boulevard<br />
Tompkins Circle<br />
Residential<br />
Commercial<br />
Wall Street<br />
Montgomery Avenue<br />
Industrial/<br />
Manufacturing<br />
Public Facilities/<br />
Institutions<br />
Hyatt Street<br />
St. Marks Place<br />
Stuyvesant Place<br />
Richmond Terrace<br />
Central Avenue<br />
Hannah Street<br />
Swan Street<br />
Grant Street<br />
St. Pauls Street Van Duzer Street<br />
Clinton Street<br />
Brewster Street<br />
Bay Street<br />
Slosson Terr.<br />
Van Duzer Street<br />
Borough Place<br />
Bay Street<br />
Open Space/<br />
Recreation<br />
Parking<br />
Facilities<br />
Transportation/<br />
Utility<br />
Vacant Land<br />
Figure 2-2:<br />
Land Use<br />
Staten Island Supreme Courthouse Project
<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-4<br />
Staten Island Supreme Courthouse Project Draft EIS<br />
Existing Conditions<br />
As seen in Figure 2-2, land uses surrounding the Project Site are characterized as<br />
primarily residential especially to the north and west. However, there are some commercial uses<br />
to the north on Hyatt Street and St. Marks Place to the west, which contains older houses<br />
converted to offices and service commercial uses. In general, land uses within the <strong>Proposed</strong><br />
Project’s study area limits consist of primarily residential buildings, interspersed with commercial<br />
storefronts, community facilities, recreational open space and civic uses. The following survey of<br />
existing conditions includes a parcel-by-parcel land use survey of the lots contained within the<br />
Project Site, the primary study area and the secondary study area.<br />
Project Site. The Project Site (Richmond County Tax Block 6, Lot 21) occupies<br />
approximately 3.47 acres of a 4.04-acre, city-owned 578-space surface parking lot. The<br />
municipal surface parking lot, known as St. George Municipal Parking Field, consists of two<br />
separate city-owned tax lots identified as Richmond County Tax Block 6, Lot 21 and Richmond<br />
County Tax Block 6, Lot 20. For the purposes of the <strong>Proposed</strong> Project, the project site comprises<br />
501 parking spaces and is limited to Richmond County Tax Block 6, Lot 21 bounded by Hyatt<br />
Street to the north, Central Avenue to the east and St. Marks Place to the west. The Project Site is<br />
bounded to the immediate south by Richmond County Tax Block 6, Lot 20, an approximately<br />
0.57-acre parcel which contains the remaining 77 surface parking spaces of the municipal lot. The<br />
St. George Municipal Parking Field is operated under the jurisdiction of the New York City<br />
Department of Transportation (“NYCDOT”) and provides 578 parking spaces for both daily and<br />
hourly public parking. This parking facility is usually well utilized by Staten Island Ferry<br />
commuters and civic employees and also serves as a location for a weekend greenmarket.<br />
Interim Construction Parking Lot. As previously mentioned, the <strong>Proposed</strong> Project also<br />
includes the use of a surface lot across from the Project Site immediately adjacent to the St.<br />
George Theatre on Hyatt Street for interim construction-period parking. This lot would be<br />
utilized for the duration of construction of the parking garage located on the Project Site. For the<br />
purposes of this analysis, this surface lot will be referred to throughout this DEIS as the “Interim<br />
Construction Parking Lot.” More specifically, the surface lot is situated on the east side of St.<br />
Marks Place between Fort Place and Hyatt Street. The approximately 0.92-acre, L-shaped<br />
surface lot encompasses three separate tax parcels formally identified as Richmond County Tax<br />
Block 8, Lots 1, 11 and 14. The lot is bounded by the St. George Theatre and a surface parking<br />
lot for the Staten Island Judicial Center to the east, Hyatt Street to the south, St. Marks Place to<br />
the west and the Skylight Center, a two-story vocational training center to the north. The existing<br />
lot is currently vacant and is held under private ownership. An existing signalized intersection is<br />
located where Fort Place terminates at St. Marks Place, located at the approximate mid-point of<br />
the St. Marks Place frontage. The surface lot contains two existing curb cuts located to the north<br />
and south of the Fort Place intersection. 14<br />
Land use immediately surrounding the Project Site and Interim Construction Parking Lot<br />
are comprised of a mix of residential, municipal services and commercial uses. These uses are<br />
described below.<br />
1.<br />
14 Polshek Partnership Architects. Corner Lot Swing Parking Study Memorandum. Revised March 2, 2007. p.
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Staten Island Supreme Courthouse Project Draft EIS<br />
Primary Study Area. The primary study area, defined by a one-quarter-mile boundary<br />
extending from the perimeter of the Project Site, is bounded by Hamilton Avenue to the north,<br />
Westervelt Avenue to the west, Hannah Street to the south and the waterfront to the east. The<br />
land uses in the western portion of the primary study area are characterized as predominantly<br />
residential interspersed with some institutional uses as illustrated by Figure 2-2. Commercial<br />
uses are located in the eastern portion of the primary study area along Stuyvesant Place and Bay<br />
Street.<br />
Land use immediately adjacent to the Project Site is dense and diverse encompassing a<br />
mix of residential, commercial, and community facility uses. Hyatt Street, at the northern<br />
boundary of the Project Site, contains an existing vacant surface lot intended for constructionperiod<br />
parking, and a small cluster of ground floor commercial uses consisting of the St. George<br />
Theatre, a florist, pastry shop, community facility, as well as two banks and restaurants. As Hyatt<br />
Street slopes down towards the water, the neighborhood shifts to accommodate Staten Island’s<br />
municipal core. The beginning of this core is marked by the St. George Library Center of the<br />
New York Public Library at 5 Central Avenue and Staten Island Borough Hall, located at 10<br />
Richmond Terrace, which backs up to the intersection of Hyatt Street and Stuyvesant Place.<br />
Central Avenue is a north-south roadway that frames the eastern portion of the Project<br />
Site. Five- and six-story apartment buildings are located across from the site along this roadway,<br />
where older buildings are situated between the public library on the corner of Hyatt Street and a<br />
three-story hotel near Slosson Terrace. A three-level public parking deck and day-care facility<br />
are located to the north of the hotel on Central Avenue.<br />
The Brighton Heights Reformed Church and the Forever Young Senior Center are two<br />
community facilities located to the west, near the intersection of Hyatt Street and St. Marks Place.<br />
These uses are located to the west of the proposed surface parking lot adjacent to the St. George<br />
Theatre. A building housing several borough offices of city agencies and a cosmetology and hair<br />
design school is located at 350 St. Marks Place, just south of the aforementioned uses. St. Marks<br />
Place, adjacent to the western edge of the Project Site, consists of commercial office buildings<br />
and a row of houses, some of which have been converted into professional offices housing<br />
lawyers, architects and dentists. Hospitality House, a six-story Tier II homeless family shelter<br />
and its small playground are situated to the south of the municipal surface parking lot. This<br />
facility has the capacity to house 46 homeless women and up to 105 children at any given time. 15<br />
Several vacant parcels, which have been cleared, are located south of Hospitality House. Lowrise<br />
structures at the southern terminus of St. Marks Place contain neighborhood service uses<br />
consisting of a restaurant, market and pre-school facility.<br />
Additional land uses located in the immediate vicinity of the proposed Interim<br />
Construction Parking Lot include two six-story residential apartment buildings located to the<br />
north of St. Marks Place and several walk-up apartment buildings at the corner of St. Marks Place<br />
and Wall Street. Residential uses consisting of walk-up apartments and single- and two-family<br />
homes and a delicatessen are located at the corner of Fort Place and St. Marks Place. The Ralph<br />
McKee Career and Technical High School at 290 St. Marks Place is situated to the north and west<br />
of the lot and Lt. Nicholas Lia Playground is a recreational use located approximately one block<br />
north from the proposed surface lot.<br />
15 Project Hospitality, Programs and Services: Family Services.<br />
http://www.projecthospitality.org/index.php?id=27 (June 19, 2007).
<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-6<br />
Staten Island Supreme Courthouse Project Draft EIS<br />
Staten Island’s civic center is located in the eastern quadrant of the primary study area.<br />
St. George, located on Staten Island’s north shore, contains the St. George Ferry Terminal, which<br />
is one of the island’s two principal gateways to the other four boroughs of the City, the other<br />
being the Verrazano-Narrows Bridge located in Fort Wadsworth. Marine infrastructure and the<br />
St. George Ferry Terminal, which offers daily ferry service to Whitehall Ferry Terminal in Lower<br />
Manhattan, dominate St. George’s waterfront. 16 Municipal facilities and transportation utilities<br />
that compose the borough’s civic center are oriented to the harbor.<br />
Beyond the ferry terminal, activity in St. George is centered on the Richmond County<br />
Bank Ballpark located at the intersection of Wall Street and Richmond Terrace in the northeast<br />
fringe of the primary study area. The North Shore Esplanade extends north from the stadium and<br />
provides open space along the waterfront. A four-block area encompassing two prominent<br />
governmental uses including Borough Hall and the Richmond County Courthouse is also a hub of<br />
activity. The 120 th Precinct House and Staten Island Family Courthouse lie further north along<br />
Richmond Terrace off of Wall Street. A small, single-story commercial plaza featuring a<br />
laundromat and fast food establishments is located across Wall Street from the 120 th Precinct.<br />
The Staten Island Judicial Center housing the Staten Island County Clerk, District Attorney and<br />
other court-related offices is located behind Borough Hall and the Courthouse along Stuyvesant<br />
Place. 17 The Staten Island Campus of Metropolitan College of New York (formerly Audrey<br />
Cohen College) is located to the north of the judicial center.<br />
Residential uses consisting of walk-up apartments and multi-family residences primarily<br />
occupy the western half of the primary study area as well as much of the secondary study area.<br />
These areas also feature various large single-family, two-family and multi-family homes and<br />
apartment buildings in generally quiet, green settings. Another notable educational use within the<br />
primary study area includes Public School (“P.S.”) 16 John Driscoll School located on Monroe<br />
Avenue. Open space uses providing passive and active recreational opportunities within the<br />
primary study area include a small private playground associated with Project Hospitality’s<br />
Hospitality House, Tompkinsville Park, Ft. Hill Park, and Cromwell Recreation Center – Lyons<br />
Pool.<br />
Secondary Study Area. The secondary study area is defined by a one-half mile radius<br />
from the Project Site perimeter and is bounded by Richmond Terrace to the north, Jersey Street to<br />
the west, Baltic Street to the south and the Upper New York Bay to the east. As seen in Figure 2-<br />
2, the secondary study area is characterized by dense residential development with some<br />
institutional and recreational uses. Similar to the western portion of the primary study area,<br />
single- and two-family one- and two-story detached homes as well as walk-up apartments<br />
compose the residential neighborhood in the western portion of the secondary study area.<br />
Neighborhood commercial uses are also scattered throughout the southern portion of the<br />
secondary study area.<br />
Two community facilities that segment the predominantly residential uses north and west<br />
of the Project Site are P.S. 31 William T. Davis School and Mahoney Playground. P.S. 31,<br />
16 New York City Department of Transportation, Staten Island Ferry: Route Information,<br />
http://www.nyc.gov/html/dot/html/masstran/ferries/statfery.html#route (June 19, 2007).<br />
17 The City of New York Department of Citywide Administrative Services. DCAS Managed Public<br />
Buildings. http://home2.nyc.gov/html/dcas/html/resources/si_130stuyvesant.shtml (September 13, 2006).
<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-7<br />
Staten Island Supreme Courthouse Project Draft EIS<br />
named after William T. Davis, a native Staten Islander and prominent naturalist, is an elementary<br />
school, located at the terminus of Bismark Avenue between Layton and Crescent Avenues. The<br />
school is surrounded on three sides by private residential housing and is adjacent to Davis<br />
Playground. The school fragments a largely residential neighborhood comprising single- or twofamily,<br />
one-and two-story detached homes and some apartments, extending from Brook Street<br />
north to Crescent Avenue between Westervelt Avenue to the east and the secondary study area’s<br />
western boundary at Jersey Street. Mahoney Playground is located to the north of P.S. 31<br />
William T. Davis School between Beechwood and Crescent Avenues and Jersey and Cleveland<br />
Streets. This popular open space/recreational use breaks up the residential street wall that frames<br />
the park and provides the community with both passive and active recreational amenities.<br />
Curtis High School is a prominent community facility that is located in the northwest<br />
portion of the secondary study area at the convergence of Hamilton Avenue and St. Marks Place.<br />
This parcel contains the high school facility in addition to a multi-use athletic field. While<br />
remaining residential in nature, the neighborhood to the east of the high school consists of<br />
condominium and apartment-style housing which transitions to commercial and institutional uses<br />
further south along Richmond Terrace.<br />
Another major activity center within the southern extent of the secondary study area lies<br />
to the south along Victory Boulevard, from Bay Street to St. Paul Avenue. Along this stretch,<br />
Victory Boulevard is lined with three-and four-story apartment buildings with ground-floor local<br />
commercial convenience establishments consisting of several restaurants, a deli, a hardware store,<br />
pizzeria, two pharmacies, and a ninety-nine-cent store and discount center. Sparse light<br />
industrial/manufacturing uses consisting of a warehouse and lumber company are located on<br />
Clinton Street and Van Duzer Street respectively. An MTA/Staten Island Rapid Transit<br />
Operating <strong>Authority</strong> (“SIRTOA”) property, located at the southeastern fringe of the secondary<br />
study area, spans the eastern edge of Bay Street to the public facilities and transportation utilities<br />
along the waterfront. A commercial retail strip mall, anchored by a supermarket, is sited to the<br />
south of this property.<br />
The eastern portion of the secondary study area consists of the Upper New York Bay.<br />
Although no significant land uses extend into these waters, recreational open space, transportation<br />
utilities and public facilities are located interior to the bay along St. George’s waterfront. (Refer<br />
to Figure 2-2) These land uses, some of which are also present within the primary study area,<br />
include the North Shore Esplanade, St. George Ferry Terminal MTA/SIRTOA property,<br />
NYCDOT facilities as well as city-owned piers.<br />
Land Use Analysis<br />
Introduction. Land use conditions within the primary and secondary study area are<br />
characterized by the dense land development patterns that are prevalent throughout the five<br />
boroughs of New York City. In general, land uses within the <strong>Proposed</strong> Project’s study area<br />
consist of primarily residential buildings to the west, interspersed with commercial storefronts,<br />
community facilities, recreational open space and civic uses throughout. Land use immediately<br />
adjacent to the Project Site is dense and diverse encompassing a blend of residential, commercial<br />
and community facility uses. In addition, industrial maritime and transit uses near the waterfront<br />
typify other major land use types in the study area. Due to the scarcity of underdeveloped<br />
property, future development within the study area is anticipated to consist of the demolition of<br />
existing structures or infill strategies.
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Staten Island Supreme Courthouse Project Draft EIS<br />
No-Build Condition<br />
Under the No-Build Condition, the implementation of the Staten Island Courthouse<br />
Project would not occur. In addition, the Interim Construction Parking Lot would not be<br />
developed on the existing vacant lot adjacent to the St. George Theatre as the <strong>Proposed</strong> Project<br />
would not be undertaken. It is anticipated that land use conditions would not be substantially<br />
different from those described as existing conditions.<br />
In order to establish a baseline with which to evaluate the potential impacts of the<br />
<strong>Proposed</strong> Project, other future proposed developments within the primary and secondary study<br />
areas were examined. General information regarding proposed development projects in St.<br />
George, Staten Island Community Board 1 and in the surrounding area of the Project Site was<br />
verified by the Staten Island Borough Office of the New York City Department of City Planning.<br />
Additional information pertaining to planned developments within the study area was collected<br />
from the District Manager of Staten Island Community Board 1. Developments scheduled for<br />
completion after the Build Year of 2012 for the <strong>Proposed</strong> Project were omitted from the analysis.<br />
Under the No-Build Condition, ongoing economic development within the project study area<br />
limits is expected to continue based on market conditions. Future development independent of<br />
the <strong>Proposed</strong> Project would continue as part of infill strategies or through the redevelopment of<br />
underutilized properties which would result in the replacement of vacant land and older structures<br />
with new buildings or the adaptive reuse of structures with modifications to the interior space and<br />
potential use of existing buildings.<br />
Refer to Table 2-1 for descriptions of current or future proposed developments that are<br />
beyond a preliminary stage which have been identified within a one-half mile radius of the<br />
Project Site.
<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-9<br />
Staten Island Supreme Courthouse Project Draft EIS<br />
Table 2-1. <strong>Proposed</strong> Developments within Study Area<br />
Residential Commercial Other Expected<br />
Number Project Name Location Types of Use Units (sq. ft.) (sq.ft.) Completion Status<br />
1 The Pointe 155 Bay Street Residential 58 15,000 sq. ft. - Early 2008<br />
2<br />
3<br />
Bay Street<br />
Landing<br />
Canal Lumber<br />
Site<br />
4 The View<br />
5 Central Avenue<br />
130 Bay Street<br />
Landing<br />
St. Julian Place<br />
btwn Bay &<br />
Van Duzer<br />
Residential 101 - - Mid 2008<br />
Streets Commercial - 44,000 sq. ft. - N/A *<br />
Corner of<br />
Richmond<br />
Terrace &<br />
Nicholas Street Residential 42 - - Early 2008<br />
118-124 Central<br />
Avenue Commercial - 73,000 sq. ft. - 2011<br />
6 Central Avenue<br />
118-124 Central<br />
Avenue<br />
Hamilton Ave<br />
btwn Academy<br />
Pl. & Stuvesant<br />
Mixed Use 116 30,468 sq. ft. - 2011<br />
Muss Pl./Richmond<br />
7 Development<br />
Fishes Eddy<br />
Terrace Residential 220 - - N/A<br />
8 Warehouse 139 Bay Street Mixed Use 18 - - N/A<br />
9<br />
Montgomery<br />
Avenue<br />
Condominiums<br />
10 Liberty Towers<br />
Note: * N/A=Not available<br />
Montgomery<br />
Avenue at Fort<br />
Place Residential 12 - - Early 2008<br />
Application filed with NYCDCP to construct 8-story<br />
commercial tower<br />
Application filed with NYCDCP to construct mixed use<br />
development consisting of two residential buildings with a<br />
commercial base<br />
Quality Housing Program mandates 70 ft. residential height<br />
limit in C4-2 zoning district. Seeking authorization from<br />
NYCDCP to construct project as high rise building.<br />
Richmond<br />
Terrace and<br />
Corner of<br />
Hamilton<br />
158 total (84<br />
Avenue Residential & 74) - - 2010 Draft applications filed with NYCDCP<br />
Total 725 162,468 sq. ft. -
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Staten Island Supreme Courthouse Project Draft EIS<br />
The Pointe. The Pointe is a 58-unit residential development located at 155 Bay Street off<br />
of Victory Boulevard. The proposed development also contains approximately 15,000 gsf of<br />
ground-floor retail space. The expected completion of this development is early 2008.<br />
Bay Street Landing. This residential development consisting of 101 condominium units<br />
is located in a nine-story former warehouse at 130 Bay Street Landing. This project is scheduled<br />
to be completed in mid 2008.<br />
Canal Lumber Site. A private developer is planning a commercial retail shopping center<br />
on the site of this lumberyard located on St. Julian Place between Bay and Van Duzer Streets.<br />
This shopping center would have 44,000 square feet of commercial development consisting of<br />
smaller retail uses and a supermarket. An underground parking structure would provide<br />
approximately 141 parking spaces.<br />
The View. The View is a 42-unit residential building located on the corner of Richmond<br />
Terrace and Nicholas Street. This 8-story development would total approximately 64,330 square<br />
feet. The expected date of completion is early 2008.<br />
Central Avenue. A tentative plan to construct an as-of-right, mixed-use development is<br />
proposed for 118-124 Central Avenue. This development would consist of two residential<br />
buildings of 5 and 7 stories with a total of 116 residential units. The proposed development also<br />
contains approximately 30,468 gsf of commercial space. In addition, an 8-story commercial<br />
tower consisting of approximately 73,000 gsf is proposed on a lot adjacent to the residential<br />
development. The expected date of completion for these projects is 2011.<br />
Muss Development. This development, located where Stuyvesant Place meets Richmond<br />
Terrace, is expected to consist of two residential towers with approximately 110 units each. The<br />
developer is currently awaiting the results of a New York City Department of City Planning<br />
(“NYCDCP”) zoning study due in 2008 and subsequent agency authorization to construct the<br />
project as twin high rise buildings. While the former C4-2 General Commercial District in which<br />
this parcel is located would have permitted a 16-story residential building, this area was rezoned<br />
to mandate the Quality Housing Program for residential development in C4-2 zoning districts in<br />
St. George. This would limit the height to 70 feet which would allow for up to 7 stories. While<br />
the FAR remains the same, it is not known at this time if this project would be pursued under the<br />
Quality Housing Program which would implement a height limit resulting in bulkier buildings.<br />
Fishes Eddy Warehouse. This proposed development abutting the Pointe parcel is<br />
expected to consist of approximately 18 residential units with a possible ground-floor restaurant<br />
in this former warehouse space. The expected date of completion for this project is not available<br />
as construction has not yet commenced.<br />
Montgomery Avenue Condominiums. This 10,713-square-foot, three-story development<br />
consisting of 12 residential units is located on Montgomery Avenue at Fort Place. The expected<br />
date of completion is early 2008.<br />
Liberty Towers. Draft applications have been filed with NYCDCP for two residential<br />
developments in the vicinity of Richmond Terrace and the corner of Hamilton Avenue consisting<br />
of 84 and 74 units respectively. Construction is anticipated to be completed in 2010.
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National Lighthouse Museum Site / Pier One 18 . This site, located south of the St. George<br />
Ferry Terminal on the grounds of a former Coast Guard depot, has been selected to house the<br />
National Lighthouse Museum. The New York City Economic Development Corporation (EDC)<br />
has spent $6.5 million renovating the two buildings designated for museum use on this parcel.<br />
The EDC is currently reviewing bids for the mixed-use redevelopment of four buildings totaling<br />
35,000 gsf on approximately 3 acres of this 10-acre former Coast Guard depot. Development for<br />
this site is also anticipated to incorporate 200 residential units and 225 parking spaces in addition<br />
to plans for the museum. The expected build year for this site is 2015.<br />
Pier One is an 845-foot public pier situated to the south of the ferry terminal and adjacent<br />
to the Lighthouse Depot site. The New York City Economic Development Corporation (“EDC”)<br />
has been awarded a series of Environmental Protection Fund (“EPF”) grants by the State as part<br />
of the ongoing development of this 55,000-gsf site as a public waterfront facility. Construction<br />
would include additional recreational amenities and accommodations for the Lightship Nantucket<br />
LV-112. This light vessel, built in 1936, marked the Nantucket Shoals in Massachusetts and<br />
would act as the centerpiece of the adjacent National Lighthouse Museum. This development<br />
would coincide with the redevelopment of the National Lighthouse Museum site.<br />
Homeport 19 . The Homeport represents a large project just outside of the boundary of the<br />
secondary study area for the <strong>Proposed</strong> Project. As such, it is described below. In addition, a<br />
portion of the approved Stapleton Rezoning (refer to Zoning subsection) and Front Street<br />
reconstruction, described below, fall within the study area limits for the <strong>Proposed</strong> Project.<br />
Pursuant to the City’s New Stapleton Waterfront Development Plan, the Homeport<br />
project involves the redevelopment of six parcels with a mix of residential, commercial and<br />
recreational uses on this former naval installation. The development is expected to consist of 350<br />
residential units, a 60,000-gsf restaurant, 30,000 gsf of retail space, 75,000 gsf of commercial<br />
office space, 12 acres of open space and a 10,000–square-foot farmers market. Parking spaces for<br />
1,285 vehicles would also be provided as part of the development. Further development<br />
associated with the Stapleton Rezoning adjacent to the Homeport site between Front Street and<br />
the SIRTOA right of way is anticipated to consist of an additional 288 residential units and<br />
approximately 43,700 gsf of retail space.<br />
In addition, the City of New York has allocated $66 million to facilitate public<br />
improvements at Front Street and a proposed waterfront esplanade running the length of the<br />
Homeport site. Front Street, which extends from Hannah Street at the fringe of the primary study<br />
area to its intersection with Edgewater and Bay Streets outside of the study area limits in the<br />
south, would be realigned to improve roadway design and safety. This realignment would<br />
include two driving lanes, two parking lanes, sidewalks, lighting, landscaping and a bike lane.<br />
Sewer infrastructure would also be upgraded to address drainage problems. Site work on Front<br />
Street and the esplanade are scheduled to begin in 2008. The Build Year for the Homeport<br />
project is 2015.<br />
18 The National Lighthouse Museum and Homeport projects were not incorporated into the baseline projects<br />
identified in Table 2-1 or in the projected population calculations described in this section, as the Build Year for both of<br />
these projects is 2015, well after the 2012 Build Year for the <strong>Proposed</strong> Project. However, these projects are mentioned<br />
as they represent important large-scale development projects within or in the vicinity of the project study area. In<br />
addition, these projects are viewed as catalysts to the revitalization of St. George, Stapleton, and the North Shore as a<br />
whole.<br />
19 Ibid.
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Staten Island Supreme Courthouse and the Downtown St. George Renaissance 20 . The<br />
Staten Island Borough President’s Staten Island Supreme Courthouse and the Downtown St.<br />
George Renaissance plan details several conceptual recommendations for the revitalization of St.<br />
George (see Public Policy subsection of this section). This initiative includes streetscape<br />
improvements consisting of landscaping and decorative paving along Hyatt Street and Central<br />
Avenue, increasing parking within St. George, the creation of a Special Downtown St. George<br />
Zoning District and the evaluation of traffic patterns, proposed direction changes on local streets<br />
and weekend street closures as required. 21<br />
Analysis. As previously stated, proposed development projects planned for construction<br />
consist of the redevelopment of underutilized properties, infill strategies resulting in the<br />
replacement of vacant land with new structures or the adaptive reuse of structures with<br />
modifications to the interior space or use of existing buildings. Within the study area, these<br />
projects, which reflect the aforementioned development patterns, consist predominantly of<br />
residential projects as well as some commercial and mixed-use development. By the Build Year,<br />
it is anticipated that approximately 725 residential units and 162,468 gsf of commercial space<br />
would be constructed within the study area limits for the <strong>Proposed</strong> Project.<br />
A series of multipliers were used in order to estimate the projected residential population<br />
generated by the proposed residential developments within the project study area. The New<br />
Practitioner’s Guide to Fiscal Impact Analysis identifies regional demographic multipliers for<br />
total household size for common standard housing types based on Census data from the U.S.<br />
Census of Population and Housing (Public Use Sample, 1980). 22 Two multipliers, specific to the<br />
Mid-Atlantic region of the northeastern United States for garden and high rise apartments, were<br />
utilized to calculate the estimated population as a result of new residential development.<br />
Multipliers of 1.417 and 1.904 were employed for high rise and garden apartments respectively,<br />
as these multipliers generally match the criteria for the majority of new residential development<br />
to be constructed within the project study area.<br />
The construction of 725 new residences would increase the residential population within<br />
the project study area by an estimated 1,224 residents. The population of Staten Island as of<br />
2005, as estimated by NYCDCP and adopted by the Census Bureau in September 2006 was<br />
475,014. 23 According to statistics generated by the NYCDCP the projected population of Staten<br />
20 The SIBP’s Staten Island Supreme Courthouse and the Downtown St. George Renaissance plan was not<br />
incorporated into the baseline projects identified in Table 2-1 or in the projected population calculations described in<br />
this section, as a Build Year for this project has not been proposed. However, this project is referenced in the Land Use<br />
No-Build and Public Policy subsections of this section as this plan represents a potential future project in the immediate<br />
vicinity of the Project Site. In addition, this effort is viewed as a potential future project that is important to the<br />
revitalization of St. George. The plan’s various recommendations would include the establishment of a master plan and<br />
adoption of a special zoning district, are part of a more comprehensive proposal for the St. George neighborhood and<br />
are therefore independent actions beyond the scope of the <strong>Proposed</strong> Project. Any potential implementation of any<br />
component of this plan should be viewed as a separate, but related, action requiring other approvals and/or<br />
environmental review as appropriate independent of those secured for the <strong>Proposed</strong> Project.<br />
21 Staten Island Supreme Courthouse and the Downtown St. George Renaissance presented by Staten Island<br />
Borough President James P. Molinaro, May 7, 2007.<br />
22 Burchell, Robert, David Listokin and William R. Dolphin, The New Practitioner’s Guide to Fiscal Impact<br />
Analysis, Center for Urban Policy Research: Brunswick, NJ, 1985. p. 64.<br />
23 The City of New York Department of City Planning. The “Current” Population of New York City (2005).<br />
http://www.nyc.gov/html/dcp/html/census/popcur.shtml (November 10, 2006).
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Island (Richmond County) would be 491,808 by the year 2010. 24 The additional 1,224 residents<br />
found in the study area for the baseline residential projects represent an insignificant increase of<br />
approximately 0.25 percent, less than 1 percent of the overall borough-wide population predicted<br />
for 2010.<br />
Build Condition<br />
The purpose of implementing the <strong>Proposed</strong> Project is to replace existing outdated and<br />
inadequate courthouse and court-related facilities for the Supreme Civil Court, Supreme Criminal<br />
Court, the Lower Criminal Court and other court-related agencies located elsewhere in the<br />
borough of Staten Island with a more contemporary facility and associated parking structure that<br />
accommodates the operational requirements of these judicial functions pursuant to the New York<br />
City Courts Capital Program Master Plan as amended. The new state-of-the-art courthouse<br />
would allow for the consolidation of court parts and court-related agencies from several locations<br />
into a single structure. The new courthouse facility would provide space for approximately 350<br />
employees. Existing Supreme Court functions located at 18 Richmond Terrace, Borough Hall,<br />
and the Homeport as well as Lower Criminal Court functions from 67 Targee Street would be<br />
relocated to the new facility. 25 In addition, jury assembly would be transferred to the proposed<br />
courthouse from 126 Stuyvesant Place. Once these court parts and court-related agencies have<br />
been moved into the new Staten Island Supreme Courthouse, 18 Richmond Terrace is expected to<br />
be renovated and utilized by other court parts that would be relocated from outdated space. 26<br />
(Refer to Figures 2-3 and 2-4 for existing and proposed Staten Island court locations).<br />
The <strong>Proposed</strong> Project would involve the construction of a new 5-story courthouse facility<br />
with enclosed mechanical penthouse, not to exceed approximately 183,300 gsf for the Staten<br />
Island Supreme Civil Court, Supreme Criminal Court, Lower Criminal Court and other courtrelated<br />
agencies currently located elsewhere in the borough of Staten Island. Public access to the<br />
courthouse would be gained from an entrance located at the northeast quadrant of the building off<br />
of a public entry plaza at the convergence of Hyatt Street and Central Avenue. A separate<br />
entrance for the judiciary would be located mid-building and accessed from St. Marks Place.<br />
Upon completion of the <strong>Proposed</strong> Project, a total of 14 court sets comprised of 6 Supreme<br />
Civil, 5 Supreme Criminal and 3 Lower Criminal sets would be contained in the approximately<br />
183,300-gsf facility. More specifically, each court set is comprised of a courtroom, jury<br />
deliberation room, attorney client conference room and a judge’s chamber suites/robing room.<br />
Certain court parts would include secure prisoner holding space. In addition, the new facility<br />
would contain hearing rooms for judicial hearing officers and court attorney/referees, office space<br />
for court administrative, jury office and probation office personnel, the Richmond County District<br />
Attorney’s office and Battiste, Aronowsky & Suchow for the provision of indigent defense as<br />
24 The City of New York Department of City Planning, New York City Population Projections by Age/Sex &<br />
Borough, December 2006. p. 13. Many of the residential projects within the study area are anticipated to be<br />
operational by 2010.<br />
25 Due to the City’s planned redevelopment of the Homeport, court-related space currently located within an<br />
annex at the Homeport would be displaced to temporary facilities until the new court facility is completed in 2012.<br />
26 At this time, the proposed renovation of 18 Richmond Terrace is slated to accommodate the Staten Island<br />
Family Court located at 100 Richmond Terrace and the Lower Civil Court located at 927 Castleton Avenue. Surrogate<br />
Court will remain at 18 Richmond Terrace. No plans have currently been identified for the future use of 100 Richmond<br />
Terrace or 67 Targee Street.
Legend<br />
Staten Island Court Facilities<br />
Civil Courthouse, 927 Castleton<br />
Criminal Courthouse, 67 Targee St<br />
Family Courthouse, 100 Richmond Terrace<br />
Judicial Center, 130 Stuyvesant<br />
Supreme Court, Borough Hall, 10 Richmond Terrace<br />
Supreme Court, Homeport, 355 Front St<br />
Supreme Courthouse, 18 Richmond Terrace<br />
Supreme<br />
Criminal<br />
Lower Civil Supreme Civil<br />
Lower Criminal<br />
Family<br />
Judicial Center,<br />
Jury Assembly<br />
Borough Hall,<br />
Supreme Civil<br />
1
Supreme Criminal and Civil, Lower Criminal,<br />
Jury Assembly, New Courthouse<br />
Family, Surrogate, Lower Civil, 18 Richmond<br />
Terrace<br />
Judicial Center, 130 Stuyvesant<br />
<strong>Proposed</strong><br />
Judicial Center<br />
Supreme and Lower<br />
Criminal, Supreme<br />
Civil, Jury Assembly<br />
Family, Surrogate,<br />
Lower Civil<br />
2
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Staten Island Supreme Courthouse Project Draft EIS<br />
well as clerks and support staff. The structure would also contain facilities for arrestee<br />
processing, courts security, New York City Department of Correction holding cells, court<br />
reporters and maintenance staff.<br />
The <strong>Proposed</strong> Project would also include an approximately 227,832-gsf, 665-space, fivefloor,<br />
split-level parking structure with open rooftop parking adjacent to the courthouse facility to<br />
accommodate the parking needs of court personnel and to replace public parking that would be<br />
displaced with the construction of the <strong>Proposed</strong> Project. The proposed parking garage would<br />
contain approximately 515 public spaces (self-park) and approximately 150 secured parking<br />
spaces located in three designated areas dedicated for court use. These secured parking areas<br />
would contain approximately 123 spaces (self-park) and 27 attended parking spaces. The<br />
courthouse and parking structure would be separated by a service driveway running between St.<br />
Marks Place and Central Avenue, which would allow access to loading docks, a sallyport and<br />
designated judicial staff parking. Two additional segregated parking areas for court use would be<br />
located on the second and third floors of the proposed garage. Additional points of ingress and<br />
egress for the proposed garage include St. Marks Place and Central Avenue.<br />
An Interim Construction Parking Lot, consisting of approximately 96 parking spaces,<br />
would be located in a surface lot adjacent to the St. George Theatre on Hyatt Street for use as<br />
interim construction-period parking.<br />
The northern portion of the Project Site would be developed as a landscaped Memorial<br />
Green. This area, located adjacent to Hyatt Street and St. Mark’s Place, is what remains of an<br />
historical burial ground of the Quarantine Grounds. Archeological investigation of this area has<br />
located the boundaries of the burial ground and established a 20-foot buffer zone to protect the<br />
archaeological resources below. A memorial landscape would be created to permanently<br />
recognize those who were interred there. The Memorial Green would be constructed on top of<br />
the existing asphalt to avoid impact to the archaeological resources located below (see Section 6,<br />
Historic and Archaeological Resources). Adjacent to the burial grounds a more active public<br />
landscape would be developed to include a plaza along Central Avenue, as well as perimeter<br />
landscaping throughout the overall site.<br />
The <strong>Proposed</strong> Project would result in a significant intensification of land use both on and<br />
within the immediate vicinity of the Project Site by altering the parcel’s existing surface parking<br />
use to a court use and parking facility. Typically, if a <strong>Proposed</strong> Project is expected to alter land<br />
uses in the surrounding area and the anticipated change is substantial, that change is usually<br />
considered significant, but not necessarily adverse under CEQR. 27 Land use change may be<br />
considered adverse under the following conditions:<br />
• The use changes would not be compatible with other uses in the area.<br />
• The use changes would not be compatible with public land use policy.<br />
• The new development would increase density in the area and such density does not<br />
conform to public policy and plans for the area.<br />
• The new development would increase density in the area such that it would overtax the<br />
capacity of the study area to support it.<br />
• The use changes would accelerate existing and anticipated trends in development for the<br />
area that lead to adverse socioeconomic impacts.<br />
27 CEQR Technical Manual, pp. 3A-12-13.
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The implementation of the <strong>Proposed</strong> Project would constitute a significant development<br />
due to the building’s function, scale, and central location within the St. George neighborhood.<br />
Although the proposed courthouse and related parking garage would represent a different land<br />
use than that which presently exists onsite, the land use changes associated with the <strong>Proposed</strong><br />
Project would be compatible with the surrounding uses within St. George. Civic land uses<br />
composing the governmental core of St. George in the vicinity of the Project Site date back to as<br />
early as 1906 with the construction of the New York City-landmarked Borough Hall and are thus<br />
well-established uses. Subsequent civic development including the Richmond County<br />
Courthouse, Family Court and St. George Library Center has also reinforced the municipal nature<br />
of the area. The new land use associated with the <strong>Proposed</strong> Project would support and extend the<br />
existing government center in St. George and would enhance the ongoing revitalization of St.<br />
George as a re-emerging town center. This revitalization effort is both a City and Borough<br />
initiative and has been articulated in the Staten Island Borough President’s Staten Island Supreme<br />
Courthouse and the Downtown St. George Renaissance Plan described above and in the Public<br />
Policy subsection of this section. The development of the new courthouse would help to solidify<br />
this endeavor and would therefore be consistent with public policy and local land use plans for<br />
the St. George area.<br />
The new courthouse would accommodate approximately 350 employees, thus increasing<br />
density in the neighborhood. Of these employees, approximately 212 currently operate out of<br />
existing court facilities within the study area. Approximately 138 of the projected employees at<br />
the new court facility (consisting of approximately 12 new jobs, 56 Supreme Civil staff from the<br />
Homeport and 70 Lower Criminal Court staff relocated from 67 Targee Street) would be new to<br />
the project study area. The presence of these employees would be beneficial to local businesses<br />
and commercial uses along both Hyatt Street and Stuyvesant Place and would not conflict with<br />
public policy and plans for the area, nor would it overtax the capacity of the study area. Land use<br />
changes and streetscape improvements associated with the <strong>Proposed</strong> Project would also help to<br />
reactivate Hyatt Street, Central Avenue and St. Marks Place.<br />
The land use changes associated with the <strong>Proposed</strong> Project would accelerate existing and<br />
anticipated trends in development, however, it is not expected that this would lead to adverse<br />
socioeconomic impacts (see Section 8, Socioeconomic Conditions). The <strong>Proposed</strong> Project would<br />
not result in the displacement of local residents, businesses or employees, typical indicators of an<br />
adverse socioeconomic impact.<br />
Under the Build Condition, the specific land use of the Project Site would be modified<br />
from a parking facility to a civic use and parking facility but would be consistent with the general<br />
land use patterns and overall character of the surrounding area. The <strong>Proposed</strong> Project would<br />
represent an intensification of use over the existing use on the site than would otherwise occur<br />
without the <strong>Proposed</strong> Project. However, the <strong>Proposed</strong> Project would be consistent and<br />
compatible with the longstanding civic, commercial, community facilities and residential land<br />
uses that comprise the primary and secondary study areas, and would not represent an adverse<br />
land use impact.<br />
Mitigation<br />
As no significant adverse impacts to land use are expected to result from the<br />
implementation of the <strong>Proposed</strong> Project, no mitigation is required.
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Staten Island Supreme Courthouse Project Draft EIS<br />
Photo 1. View of <strong>Proposed</strong> Project site facing St.<br />
Marks Place.<br />
Photo 3. View of commercial uses on Hyatt<br />
Street looking west.<br />
Photo 5. Representative commercial office uses<br />
on St. Marks Place.<br />
Photo 2. View from <strong>Proposed</strong> Project site<br />
looking north toward surface parking lot adjacent<br />
to St. George Theatre.<br />
Photo 4. View of residential neighborhood<br />
looking south toward <strong>Proposed</strong> Project site.<br />
Photo 6. View of community facilities and<br />
commercial uses south of <strong>Proposed</strong> Project site.
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Staten Island Supreme Courthouse Project Draft EIS<br />
Photo 7. Elementary School located within<br />
secondary study area.<br />
Photo 9. Waterfront open space plaza on former<br />
Coast Guard parcel.<br />
Photo 11. High rise apartments located within<br />
secondary study area.<br />
Photo 8. Detached residential homes within<br />
secondary study area.<br />
Photo 10. Representative ground floor<br />
commercial uses on Bay Street.<br />
Photo 12. View looking south down Richmond<br />
Terrace.
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Staten Island Supreme Courthouse Project Draft EIS<br />
Photo 13. View of Richmond County Bank<br />
Ballpark. St. George Ferry Terminal visible in<br />
distance.<br />
Photo 15. View of Borough Hall from St. George<br />
Ferry Terminal.<br />
Photo 14. View of North Shore Esplanade and<br />
residential apartment buildings in secondary study<br />
area.<br />
Photo 16. View of parking facility and SIR rail<br />
alignment looking north from ferry terminal.<br />
Richmond Terrace visible at left.
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Staten Island Supreme Courthouse Project Draft EIS<br />
Zoning<br />
Existing Conditions<br />
As illustrated in Figure 2-5, New York City Zoning Map № 21c, the zoning districts<br />
immediately surrounding the Project Site are commercial, with residential districts chiefly to the<br />
west. The waterfront is largely zoned as manufacturing with the exception of some commercial<br />
districts in the vicinity of the ferry terminal and one waterfront recreation parcel. The Special<br />
Stapleton Waterfront District (“SW”) and Special Hillsides Preservation District (“HS”) are two<br />
special zoning districts also present in the project vicinity.<br />
Project Site. The Project Site is zoned as a C4-2 General Commercial District. The C4<br />
designation is typically mapped in regional commercial centers that are situated outside of the<br />
central business district. The C4 designation typically features commercial and office uses<br />
including theaters and department stores that serve a larger area and generate more traffic than<br />
neighborhood shopping areas. 28 The C4-2 zoning district is mapped in densely-developed areas<br />
like St. George or Fordham Road in the Bronx.<br />
Use Groups 1 through 6, 8 through 10 and 12 are permitted under the existing C4-2<br />
zoning. Permitted uses include single-family detached residential uses (Use Group 1), apartments<br />
and non-profit residences for the elderly (Use Group 2), community facilities including libraries,<br />
museums, health related facilities, and community centers (Use Groups 3 & 4), transient hotels<br />
(Use Group 5), retail and service establishments (Use Group 6), movie theaters and appliance<br />
repair shops (Use Group 8), printers (Use Group 9), and large retail and entertainment<br />
establishments (Use Groups 10 &12).<br />
The C4-2 designation has a maximum commercial Floor Area Ratio (“FAR”) of 3.4 and a<br />
maximum residential FAR ranging from 0.78 to 2.43. Its residential district equivalent is the R6<br />
General Residence District, which allows medium-density housing. In St. George’s C4-2<br />
districts, ground floor residential uses are prohibited in an effort to enhance the existing character<br />
of ground floor community facilities and commercial uses that are prevalent within the district.<br />
Residential uses are permissible above either ground floor community facilities or ground floor<br />
commercial development within the C4-2 district. Rear yard or rear yard equivalents are not<br />
required for through lots in C4-2 districts. 29 In St. George, any residential development within<br />
C4-2 zoning districts is subject to the Quality Housing Program for Residential Development<br />
which limits the height of residential developments to 70 feet within 100 feet of a wide street. 30<br />
Interim Construction Parking Lot. The existing lot adjacent to the St. George Theatre is<br />
also zoned as a C4-2 General Commercial District. Zoning designations including FAR and<br />
permitted uses within this district are specified above under existing conditions for the Project<br />
Site.<br />
28 The City of New York Department of City Planning. Zoning Handbook. January 2006. p.58.<br />
29 The City of New York Department of City Planning. “Article III - Commercial District Regulations,<br />
Chapter 3 Bulk Regulations for Commercial or Community Facility Buildings in Commercial District Section 33-28,<br />
Zoning Resolution of the City of New York, October 29, 2007 http://www.nyc.gov/html/dcp/pdf/zone/art03c03.pdf<br />
(December 31, 2007).<br />
30 The City of New York Department of City Planning. “Staten Island Commercial Development Commercial<br />
Rule Changes” http://www.nyc.gov/html/dcp/html/sigrowth/si_comm_1.shtml (October 5, 2006).
<strong>Proposed</strong> Project Site<br />
Interim Construction-Period<br />
Parking<br />
Source: NYC Zoning Resolution Map No: 21c<br />
Figure 2-5:<br />
Zoning<br />
Staten Island Supreme Courthouse Project
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Staten Island Supreme Courthouse Project Draft EIS<br />
Primary Study Area. The primary study area contains industrial, community facility and<br />
transportation uses, zoned M1-1 Light Manufacturing District (High Performance) near the<br />
waterfront. A multi-block area that encompasses the Project Site and Interim Construction<br />
Parking Lot is zoned C4-2 General Commercial District. This area runs from the northern<br />
boundary of the primary study area at Hamilton Avenue to Victory Boulevard to the south and is<br />
bounded by Montgomery Avenue to the west and Bay Street to the east. An R3A Single- and<br />
Two-Family Detached Residence District fronting the western street side of St. Marks Place is<br />
located across from the Interim Construction Parking Lot. A residential neighborhood running<br />
from the western side of Montgomery Avenue to the western extent of the primary study area at<br />
Westervelt Avenue bounded by Van Duzer Street to the south contains a mix of residential<br />
zoning districts including R2 Single-Family Detached Residence District, R3-1 Single- and Two-<br />
Family Detached and Semi-Detached Residence District, R3A Single- and Two-Family Detached<br />
Residence District, R3-2 Low-Density General Residence District, R4 Low-Density General<br />
Residence District, and R5 Low-Density General Residence District.<br />
The M1-1 zoning designation is a light manufacturing (high performance) zoning district<br />
with a FAR of 1.0. The M1-1 zoning district, found along most of the waterfront, is interrupted<br />
by a C3 Waterfront Recreation District in the vicinity of Bay Street Landing. This district<br />
permits waterfront recreation and uses related to fishing and boating (Use Group 14). The<br />
maximum commercial FAR of this district is 0.5 with residential development guided by R3-2<br />
district specifications. A C8-1 General Services District is located south of the C3 zoning district<br />
on the eastern fringe of the primary study area, extending into the secondary study area. The C8-<br />
1 zoning designation allows for a commercial FAR of 1.0. Permitted uses include heavy<br />
commercial services, automotive and semi-industrial uses.<br />
The C4-2 zoning designation, located to the west, has a maximum commercial FAR of<br />
3.4 and a maximum residential FAR ranging from 0.78 to 2.43. The residential zoning present<br />
within the primary study area varies in density from R2 to R5. These residential zoning districts<br />
permit an array of residential uses varying from single-family detached structures with a FAR of<br />
0.5 to small apartment houses with a FAR of 1.25.<br />
In the southern portion of the primary study area along the north and south sides of<br />
Victory Boulevard is an R5 zoning district with a C2-1 Local Service Commercial Overlay<br />
District that enables mixed-use buildings. A C1-2 Local Retail Commercial Overlay District<br />
mapped in a R3-2 General Residence District also allows for mixed-use development south of<br />
Victory Boulevard between Van Duzer and Bay Streets. C1 zoning districts accommodate local<br />
retail districts in residential neighborhoods and are limited to uses such as drug stores or groceries<br />
(Use Group 6). C2 zoning districts permit a broader array of commercial uses including retail<br />
and service establishments (Use Group 6), printers (Use Group 9) and waterfront facilities (Use<br />
Group 10). When C1-1 to C1-5 and C2-1 to C2-5 are mapped as overlays in R1 through R5<br />
zoning districts, the maximum commercial FAR is 1.0. The residence districts within which the<br />
overlays are mapped regulate residential bulk.<br />
The western portion of the primary study area west of St. Marks Place and Montgomery<br />
Avenue is located within the Special Hillsides Preservation District (HS). This district was<br />
created to regulate development in the district and preserve the area’s vegetation and hilly terrain.<br />
Refer to the Special Hillsides Preservation subsection located within this section.<br />
Refer to Table 2-2, listed below, for a description of residential zoning districts and Table<br />
2-3 for commercial and manufacturing zones within both the primary and secondary study areas.
Residential<br />
Zoning Districts<br />
Name<br />
Description<br />
Minimum Lot<br />
Area<br />
Maximum<br />
Residential FAR<br />
Maximum<br />
Community<br />
Facility FAR<br />
Maximum<br />
Building Height<br />
Minimum Side<br />
Yard Lots<br />
Parking Required<br />
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Table 2-2. Residential Zoning Districts of Study Area<br />
R1-2 R2 R3A R3-1 R3-2 R3X R4 R5 R6<br />
Single-Family<br />
Detached<br />
Residence District<br />
Single-family<br />
detached residences<br />
Single-Family<br />
Detached Residence<br />
District<br />
Single-family<br />
detached residences<br />
Detached<br />
Residence District<br />
Single-or twofamily<br />
detached<br />
residences<br />
5,700 sf 3,800 sf 2,375 sf<br />
0.5 0.5<br />
0.5 or up to 1.0 by<br />
special permit<br />
Governed by sky<br />
exposure plane 1<br />
20 ft<br />
1 space per<br />
dwelling unit<br />
0.5 or up to 1.0 by<br />
special permit<br />
0.5 plus 0.1 attic<br />
allowance<br />
Single-and Two-<br />
Family Detached and<br />
Semi-Detached<br />
Residence District<br />
Single-or two-family<br />
detached and semidetached<br />
residences<br />
Detached: 3,800 sf<br />
Other: 1,700 sf<br />
0.5 plus 0.1 attic<br />
allowance<br />
General Residence<br />
District<br />
General residential<br />
Detached: 3,800 sf<br />
Other: 1,700 sf<br />
0.5 plus 0.1 attic<br />
allowance<br />
Detached<br />
Residence District<br />
Single-or twofamily<br />
detached<br />
residences<br />
3,325 sf<br />
0.5 plus 0.1 attic<br />
allowance<br />
General Residence<br />
District<br />
General Residence<br />
District<br />
General residential General residential<br />
Detached: 3,800 sf<br />
Other: 1,700 sf<br />
0.75 plus 0.15 attic<br />
allowance<br />
Detached: 3,800 sf<br />
Other: 1,700 sf<br />
Moderate Density<br />
Residence District<br />
Height Factor<br />
(non-contextual)<br />
district<br />
1.25 0.78-2.43<br />
1.0 1.0 1.0 1.0 2.0 2.0 4.8<br />
Governed by sky<br />
exposure plane 1 35 ft 35 ft 35 ft 35 ft 35ft 40 ft<br />
Detached: (2) 13 ft<br />
total; 5 ft minimum<br />
1 space per dwelling<br />
unit<br />
Detached: (2) 8 ft<br />
total; Zero lot line<br />
buildings (1) 8ft<br />
minimum<br />
1 space per<br />
dwelling unit<br />
Notes:<br />
1 Height controlled by sky exposure plane, a sloping line that begins at a height of 25 feet<br />
2<br />
50 percent if zoning lot is 10,000 square feet or less; waived if 5 or fewer spaces required<br />
Source: New York City Zoning Resolution<br />
Detached: (2) 13 ft<br />
total; 5 ft minimum<br />
Other: (1) 8 ft<br />
minimum<br />
1 space per dwelling<br />
unit<br />
Detached: (2) 13 ft<br />
total; 5 ft minimum<br />
Other: (1) 8 ft<br />
minimum<br />
1 space per dwelling<br />
unit<br />
Detached: (2) 10 ft<br />
total; minimum of<br />
8 ft between<br />
buildings on<br />
adjacent lots<br />
1 space per<br />
dwelling unit<br />
Detached: (2) 13 ft<br />
total; 5 ft minimum<br />
Other: (1) 8 ft<br />
minimum<br />
1 space per dwelling<br />
unit<br />
Detached: (2) 13 ft<br />
total; 5 ft minimum<br />
Other: (1) 8 ft<br />
minimum<br />
85% of dwelling<br />
units<br />
-<br />
Governed by sky<br />
exposure plane 1<br />
-<br />
70% of dwelling<br />
units 2
Zoning<br />
Districts<br />
C3<br />
C4-2<br />
C4-2A<br />
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Table 2-3. Commercial & Manufacturing Zoning Districts of Study Area<br />
Name Description<br />
Waterfront<br />
Recreation<br />
District<br />
General<br />
Commercial<br />
District<br />
General<br />
Commercial<br />
Contextual<br />
District<br />
Waterfront<br />
Recreation<br />
Regional<br />
Commercial<br />
Regional<br />
Commercial<br />
Maximum<br />
Commercial<br />
FAR<br />
Commercial Zoning Districts<br />
Maximum<br />
Manufacturing<br />
FAR<br />
Maximum<br />
Community<br />
Facility<br />
FAR<br />
0.5 - 1.0<br />
Maximum<br />
Residential<br />
FAR<br />
0.5 plus 0.1<br />
attic<br />
allowance<br />
3.4 - 4.8 0.78-2.43<br />
3.0 - 3.0 3.0<br />
C8-1<br />
General<br />
Commercial<br />
District<br />
General Services 1.0 - 2.4 -<br />
Manufacturing Zoning Districts<br />
M1-1<br />
Light<br />
Manufacturing<br />
District<br />
Light Industrial 2.0 1.0 2.4 -<br />
M2-1<br />
Manufacturing<br />
District<br />
Industrial 2.0 1.0 - -<br />
Source: New York City Zoning Resolution<br />
Parking requirements for commercial and manufacturing zoning districts fluctuate based<br />
on use and the size of establishment pursuant to Sections 36-21 and 44-21 of the Zoning<br />
Resolution of the City of New York. Table 2-4, found below, details the parking requirements of a<br />
range of uses for commercial and manufacturing zoning districts found within the project study<br />
area.
Zoning<br />
Districts<br />
C3<br />
C4-2A<br />
C4-2<br />
C8-1<br />
M1-1<br />
M2-1<br />
C4-2A<br />
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Table 2-4. Parking Requirements for Commercial and Manufacturing Zoning Districts of<br />
Study Area<br />
Name Description Uses & Parking Requirements<br />
Waterfront<br />
Recreation<br />
District<br />
General<br />
Commercial<br />
Contextual<br />
District<br />
General<br />
Commercial<br />
District<br />
General<br />
Commercial<br />
District<br />
Light<br />
Manufacturing<br />
District<br />
Manufacturing<br />
District<br />
General<br />
Commercial<br />
Contextual<br />
District<br />
Waterfront<br />
Recreation<br />
Regional<br />
Commercial<br />
Regional<br />
Commercial<br />
General<br />
Services<br />
Light<br />
Industrial<br />
Industrial<br />
Regional<br />
Commercial<br />
Notes:<br />
1 Applicable to C4-2 and C8-1 zoning districts<br />
2 Excludes M2-1 zoning district<br />
Source: Sections 44-21 & 36-21 New York City Zoning Resolution<br />
General retail or service uses: 1 per 150 sf<br />
Low traffic generating uses: 1 per 400 sf<br />
Places of assembly: 1 per 4 persons<br />
Boatels: 1 per 2 guest rooms<br />
Camps (overnight or day) with 10,000 sf or 10 employees: 1 per 2,000 sf or 1 per 3<br />
employees<br />
Post offices: 1 per 800 sf<br />
Health care facilities: 1 per 150 sf<br />
Hospitals: 1 per 5 beds<br />
Outdoor tennis courts: 1 per 2 courts<br />
General retail or service uses: 1 per 400 sf<br />
Low traffic generating uses: 1 per 800 sf<br />
Places of assembly: 1 per 12 persons<br />
Hotels: 1 per 12 guest rooms<br />
Post offices: 1 per 1,500 sf<br />
Museums: 1 per 2,000 sf<br />
Court Houses 1 : 1 per 800 sf<br />
Manufacturing or semi-industrial uses: 1 per 1,000 sf or 1 per 3 employees whichever<br />
will require a larger number of spaces<br />
Storage or miscellaneous uses: 1 per 2,000 sf or 1 per 3 employees whichever will<br />
require a lesser number of spaces<br />
Food stores 2,000 sf or larger: 1 per 200 sf<br />
Low traffic-generating uses: 1 per 600 sf<br />
Places of assembly: 1 per 8 persons<br />
Open commercial amusements: 1 per 500 sf<br />
Camps (overnight or day) with 10,000 sf or 10 employees: 1 per 2,000 sf or 1 per 3<br />
employees<br />
Post offices: 1 per 1,200 sf<br />
Prisons: 1 per 10 beds<br />
Refreshment stands: 1 per 50 sf<br />
Agricultural uses: 1 per 1,000 sf<br />
Hotels 2 : 1 per 8 guest rooms<br />
Health care facilities 2 : 1 per 300 sf<br />
Community centers 2 : 1 per 10 persons-rated capacity<br />
Hospitals 2 : 1 per 5 beds<br />
Houses of worship 2 : 1 per 15 persons-rated capacity<br />
General retail or service uses: 1 per 400 sf<br />
Low traffic generating uses: 1 per 800 sf<br />
Places of assembly: 1 per 12 persons<br />
Hotels: 1 per 12 guest rooms<br />
Camps (overnight or day) with 10,000 sf or 10 employees: 1 per 2,000 sf or 1 per 3<br />
employees<br />
Post offices: 1 per 1,500 sf<br />
Museums: 1 per 2,000 sf
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Secondary Study Area. The secondary study area primarily comprises several different<br />
residential zoning districts including R2 Single-Family Detached Residence District, R3A Single-<br />
and Two-Family Detached Residence District, R3-2 Low-Density General Residence District, R4<br />
Low-Density Residence District, R5 Low-Density General Residence District and R6 Moderate-<br />
Density Residence District. Minimal portions of a R1-2 Single-Family Detached Residence<br />
District and R3X Single- and Two-Family Detached Residence District are located at the extreme<br />
southern boundary of the secondary study area. Permitted residential uses found in these districts<br />
range from single-family residential development (Use Group 1) with a FAR of 0.5 to large-scale<br />
residential towers (Use Group 2) with a FAR of up to 2.43. Community facilities consisting of<br />
schools, libraries and museums (Use Group 3) as well as religious institutions and community<br />
centers (Use Group 4) are permitted within these residential zoning districts.<br />
At the northern fringe of the secondary study area, high-rise apartments, located between<br />
Richmond Terrace and St. Marks Place, zoned R6, constitute one of the more densely-developed<br />
areas within the secondary study area. The western portion of the secondary study area from<br />
Crescent Avenue south to Winter Avenue between Westervelt and Bismark Avenues is mapped<br />
predominantly as R4 residential zoning. This zoning designation allows all types of housing at a<br />
FAR of 0.75, which may be increased up to 20 percent for an attic allowance. 31 Higher density<br />
R5 residential zoning districts with a FAR of 1.25 are found along the eastern side of Jersey<br />
Street at the western extent of the secondary study area.<br />
A light manufacturing M1-1 zoning district with a FAR of 1.0, encompasses much of St.<br />
George’s waterfront and the eastern portion of the secondary study area. The M1-1 designation<br />
marks a clear delineation from industrial areas located proximate to the waterfront, commercial<br />
zoning districts just off the waterfront to the east and residential zoning districts located further<br />
inland.<br />
An M2-1 Manufacturing District with a FAR of 2.0 is mapped along the waterfront, east<br />
of Hannah Street, continuing to the eastern extension of St. Julian Place. The minimum base<br />
height of this existing zoning district is the lesser of 60 feet or 4 stories. Permitted uses include<br />
Use Groups 6-14 and 16-17. No new community facilities or residential uses are permitted in M2<br />
zoning districts.<br />
A C4-2A General Commercial Contextual District is located to the south of the eastern<br />
extension of St. Julian Place extending through the southern boundary of the secondary study area<br />
at Baltic Street. This zoning district has a minimum base height of 40 feet. Permitted uses<br />
include Use Groups 1-6, 8-10 and 12. This C4-2A zoning district serves as the underlying zoning<br />
for the Special Stapleton Waterfront District described below.<br />
There are several commercial overlays mapped within residential neighborhoods of the<br />
secondary study area, which are designed to serve local retail needs. A C2-2 Local Service<br />
Commercial Overlay District is mapped in an R5 zoning district between Brook Street and<br />
Victory Boulevard, which extends north along Jersey Street, the western perimeter of the<br />
secondary study area. A C1-2 Local Retail Commercial Overlay, also in an R5 zoning district,<br />
lies further north on Jersey Street between Benziger and Winter Avenues. On the west side of<br />
Van Duzer Street between Swan and Grant Streets lies a C2-1 Local Service Commercial Overlay<br />
31 The City of New York Department of City Planning. Zoning Handbook. January 2006. p. 19.
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mapped within an R3-2 zoning district. The maximum commercial FAR is 1.0 in the<br />
aforementioned commercial overlays as they are located in R1 through R5 zoning districts. There<br />
is a C2-2 Local Service Commercial Overlay District in an R6 zoning district along the eastern<br />
edge of Richmond Terrace in the northwestern quadrant of the secondary study area. When<br />
commercial overlays are mapped in R6 through R10 zoning districts, the maximum commercial<br />
FAR is 2.0. As such, the C2-2 commercial overlay allows for a commercial FAR of 2.0.<br />
Similar to the primary study area, the majority of the western portion of the secondary<br />
study area, running from Richmond Terrace in the north to St. Pauls Avenue in the south, is<br />
located within the Special Hillsides Preservation District (HS), described below.<br />
Special Stapleton Waterfront District (SW). This area, recently rezoned as part of the<br />
Stapleton Rezoning, has been identified at the southeastern quadrant of the secondary study area.<br />
Although this area extends outside of the <strong>Proposed</strong> Project’s study area limits, a portion of land<br />
located along the waterfront in the vicinity of the approximate eastern extension of St. Julian<br />
Place continuing to the southern boundary of the secondary study area at Baltic Street, which was<br />
previously zoned M2-1 Manufacturing District, would be affected by this recently-approved<br />
rezoning action. The rezoning consisted of the 35-acre Homeport site and the area west of Front<br />
Street and east of the SIRTOA right of way. The purpose of this special district is to facilitate the<br />
transformation of the industrial character of the Stapleton waterfront by permitting the<br />
redevelopment of the Homeport and its adjacent parcels to better match the surrounding character<br />
of the area. As previously mentioned, the eastern extension of St. Julian Place represents the<br />
northern portion of a rezoning that established a Special Stapleton Waterfront District (“SW”)<br />
and changed the previously-existing M2-1 Manufacturing District and M3-1 Heavy<br />
Manufacturing District zoning districts to a contextual C4-2A General Commercial District<br />
modified by special district controls. The special district allows a FAR of 2.0 with a maximum<br />
building height of 50 feet for most uses and a residential parking requirement of one space for 70<br />
percent of dwelling units. Permitted uses in the SW district generally include Use Groups 1-6, 8-<br />
12 and 14. 32 The formal review process for this proposal began in May 2006 with NYCDCP’s<br />
certification of the ULURP application for proposed zoning map changes (C 060471 ZMR) and<br />
zoning text amendment application (N 060468 ZRR). 33 The Stapleton Rezoning was adopted by<br />
the City Council on October 25, 2006.<br />
Special Hillsides Preservation District (HS). While the Project Site is located outside of<br />
the Special Hillsides Preservation District (“HS”), the western half of both the primary and<br />
secondary study areas fall within the HS boundary.<br />
The Special Hillsides Preservation District, encompassing approximately 1,900 acres in<br />
northeastern Staten Island, was established in 1987 with the purpose of reducing hillside erosion,<br />
landslides and excessive stormwater runoff by preserving the area’s natural landscape and<br />
terrain. 34 This special overlay district regulates development through the percentage of lot<br />
32 The City of New York Department of City Planning, Special Stapleton Waterfront District Zoning<br />
Comparison Table, http://www.nyc.gov/html/dcp/pdf/stapleton/special_dist_comp_table.pdf (September 6, 2006).<br />
33 The City of New York Department of City Planning, Stapleton Waterfront Public Review,<br />
http://www.nyc.gov/html/dcp/html/stapleton/stapleton_4.shtml (September 25, 2006).<br />
34 The City of New York Department of City Planning. “Article XI: Special Purpose Districts Chapter 9:<br />
Special Hillsides Preservation District,” Zoning Resolution of the City of New York, September 09, 2004.<br />
http://www.nyc.gov/html/dcp/pdf/zone/art11c09.pdf p. 2 (August 10,2006).
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coverage on a zoning lot. Any development, enlargement, or site alteration on the buildable area<br />
of a zoning lot where the slope is less than 10 percent is classified as Tier I development<br />
regulated by provisions set forth in Section 119-10 of the Zoning Resolution of the City of New<br />
York. Zoning lots with a slope of equal to or greater than 10 percent are subject to Tier II<br />
development regulations in Section 119-20. 35 For example, as the permitted lot coverage<br />
decreases, the slope of the parcel becomes steeper resulting in a taller building with less impact<br />
on the natural terrain. The removal of existing trees, landscaping and grading are also regulated<br />
within this district.<br />
Lower-Density Growth Management Areas. The borough of Staten Island is designated as a<br />
Lower-Density Growth Management Area (“LDGMA”). As such, it is subject to special zoning<br />
regulations that are intended to regulate new development and ensure its capacity to provide<br />
supporting services and functioning infrastructure to areas of the borough experiencing rapid<br />
growth. LDGMA regulations are applicable to R1, R2, R3, R4-1 and R4A zoning districts and<br />
any development accessed by a private road in an R1 through R5 district. Future developments<br />
must provide more off-street parking, larger yards and more open space than would otherwise be<br />
required in the applicable zoning districts. Following is a summary of guidelines from the<br />
LDGMA Text Amendment to the City of New York Zoning Resolution: 36<br />
• Parking Requirements. In order to accommodate higher rates of automobile ownership, a<br />
new single-family home requires two off-street parking spaces increased from one, and a<br />
two-family home requires three spaces increased from two.<br />
• Bulk and Lot Size Requirements. Street level garages are encouraged by permitting higher<br />
perimeter walls, increasing minimum lot widths, prohibiting steeply pitched driveways, and a<br />
floor area exemption of up to 300 square feet for a one-car garage and up to 500 square feet<br />
for a two-car garage.<br />
• Yard, Open Space and Landscaping. LDGMA rules ensure that buildings are sufficiently<br />
spaced and that full 30-foot rear yards are provided. The number of homes that can be built<br />
behind other homes is limited and an increase in open space is required between new and<br />
existing neighboring homes. Landscaped buffers are mandatory between an adjacent zoning<br />
lot and any group parking lot.<br />
• Private Road Developments. New residential development on private roads are governed by<br />
the same public yard and setback requirements as those on public streets. Sidewalks are<br />
required and private roads are expected to meet NYCDOT standards related to public street<br />
crosswalks, lighting and signage.<br />
• Commercial Development. Ground-floor residences are prohibited in any C1 or C2<br />
commercial overlay district or within C4-2 districts. In C4-1 sites, a CPC special permit is<br />
required for mixed-use or residential development.<br />
35 The City of New York Department of City Planning. “Article XI: Special Purpose Districts Chapter 9:<br />
Special Hillsides Preservation District,” Zoning Resolution of the City of New York, September 09, 2004.<br />
http://www.nyc.gov/html/dcp/pdf/zone/art11c09.pdf p. 8 (August 10,2006).<br />
36 The City of New York Department of City Planning “Staten Island Growth Management”<br />
http://www.nyc.gov/html/dcp/html/sigrowth/sigrowth1.shtml. August 14, 2006.
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Refer to Staten Island Growth Management in the Public Policy subheading of this<br />
section for background information regarding this initiative.<br />
No-Build Condition<br />
Under the No-Build Condition, without the project, no zoning changes are anticipated in<br />
the vicinity of the Project Site or Interim Construction Parking Lot. Under the No-Build<br />
Condition, it is expected that the primary and secondary study areas would reflect the existing<br />
zoning.<br />
Build Condition<br />
The Project Site and Interim Construction Parking Lot are located in a C4-2 zoning<br />
district. Courthouses are an allowable use under the existing C4-2 zoning (Use Group 6).<br />
Courthouses are considered a commercial/public service use and have a maximum floor area ratio<br />
(“FAR”) of 3.4 under the C4-2 designation, which is sufficient to accommodate the <strong>Proposed</strong><br />
Project. 37 Allowable square footage on the site under the 3.4 FAR is approximately 513,339 gsf;<br />
the proposed courthouse and parking garage would total approximately 406,900 gsf. In addition,<br />
as a court facility, the <strong>Proposed</strong> Project is not subject to the Quality Housing Program mandate<br />
for residential development in the C4-2 zoning district. No rezoning, special permit or other<br />
zoning approval other than the site selection-public facility ULURP action would be required to<br />
facilitate the proposed courthouse.<br />
Public parking garages with up to 150 spaces are an allowable use under the existing C4-<br />
2 zoning (Use Groups 8 and 12). In a C4-2 General Commercial District, parking requirements<br />
for courthouses call for 1 parking space per 800 square feet of floor area. As the <strong>Proposed</strong><br />
Project would involve the construction of a building with a maximum of approximately 183,300<br />
gsf, approximately 229 parking spaces are required per the zoning guidelines mandated in Section<br />
36-21 of the New York City Zoning Resolution. Construction of the new court facility would<br />
require the replacement of public parking spaces displaced from the Project Site. Under the<br />
<strong>Proposed</strong> Project, an approximately 227,832-gsf, 665-space parking structure would be<br />
constructed to the south of the courthouse, a substantial portion of which would be available for<br />
public use. A special permit pursuant to Section 74-512 of the Zoning Resolution for<br />
construction of a public parking garage in excess of 150 spaces with rooftop parking would be<br />
required to facilitate the proposed garage (see below).<br />
The development of the Interim Construction Parking Lot for public parking is an<br />
allowable use under the C4-2 designation as public parking lots with a capacity of up to 150<br />
spaces are permitted as of right under Use Groups 8 and 12 provided that applicable regulations<br />
set forth in Sections 36-53, 36-55 and 36-56 are met. 38 These regulations pertain to surfacing,<br />
screening and the location of access to the street.<br />
37 The City of New York Department of City Planning. “Appendix A: Index of Uses,” Zoning Resolution of<br />
the City of New York, May 14, 2005. http://www.nyc.gov/html/dcp/pdf/zone/appendixa.pdf (August 11, 2006).<br />
38 The City of New York Department of City Planning, “Article VII: Administration-Chapter 4 Special<br />
Permits by the City Planning Commission, Section 74-512,” Zoning Resolution of the City of New York, May 22, 1969.<br />
http://www.nyc.gov/html/dcp/pdf/zone/art07c04.pdf (May 9, 2007).
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The existing surface lot adjacent to the St. George Theatre contains two existing curb cuts<br />
located to the north and south of the intersection of Fort Place and St. Marks Place. Section 36-<br />
53 (Location of Access to the Street) of the Zoning Resolution requires that the entrances and<br />
exits of all permitted public parking lots with 10 or more spaces be located not less than 50 feet<br />
from the intersection of any two street lines. Both existing curb cuts are located within 50 feet of<br />
the Fort Place intersection. 39 According to the specifications outlined in Section 36-53, access<br />
located within 50 feet of an intersection may be permitted in accordance with the provisions of<br />
Article VII, Chapter 4, if the City Planning Commission, certifies that such a location is not<br />
hazardous to traffic safety and not likely to create traffic congestion. 40<br />
The environmental review associated with the <strong>Proposed</strong> Project would require<br />
coordination with two other city procedures including the ULURP and Fair Share Criteria,<br />
described below: 41<br />
Uniform Land Use Review Procedure. The <strong>Proposed</strong> Project would require several<br />
discretionary actions by the City of New York City Planning Commission (the “City Planning<br />
Commission” or “CPC”). These actions are subject to review pursuant to the City of New York’s<br />
ULURP including review and approval by the CPC. Under ULURP, the <strong>Proposed</strong> Project would<br />
be reviewed by Staten Island Community Board 1 and the Staten Island Borough President’s<br />
Office as well. 42 ULURP, mandated by Sections 197-c and 197-d of the New York City Charter,<br />
established a standardized procedure whereby applications affecting land use in the City of New<br />
York are publicly reviewed. The ULURP-related actions required for the <strong>Proposed</strong> Project have<br />
been previously detailed in Section 1 of this document and are included below:<br />
� Site Selection-Public Facility for the proposed courthouse and related<br />
parking garage;<br />
� Special Permit pursuant to Section 74-512 of the Zoning Resolution for<br />
construction of a public parking garage in excess of 150 spaces with<br />
rooftop parking;<br />
� Site Selection-Public Facility and Property Acquisition for the City’s<br />
acquisition and use of the surface lot adjacent to the St. George Theatre on<br />
Hyatt Street for use as parking during the construction period. 43<br />
39<br />
Polshek Partnership Architects. Corner Lot Swing Parking Study Memorandum. Revised March 2, 2007. p.<br />
1.<br />
40<br />
The City of New York Department of City Planning. “Article III - Commercial District Regulations,<br />
Chapter 6: Accessory Off-Street Parking and Loading Regulations<br />
Off-Street Parking Regulations Section 36-53, Zoning Resolution of the City of New York, October 29, 2007<br />
http://www.nyc.gov/html/dcp/pdf/zone/art03c06.pdf (January 1, 2008).<br />
41<br />
The City of New York. CEQR Technical Manual. October 2001. p. 1-14.<br />
42<br />
ULURP actions are also reviewable by the City Council and Mayor under certain circumstances. For<br />
further information, refer to the City Planning Commission’s ULURP website:<br />
www.nyc.gov/html/dcp/html/luproc/ulpro.shtml<br />
43<br />
In the context of ULURP, “acquisition” by the City of real property includes acquisition by purchase, lease,<br />
condemnation or exchange. This ULURP action, if approved, would give the City the means necessary to pursue the<br />
acquisition of the subject property by purchase, lease, condemnation, or exchange, with terms to be determined later.<br />
This ULURP action would be required if the City pursues the acquisition of the subject real property. Other possible<br />
scenarios would include a lease or other arrangement with the respective property owner by DASNY, in which case
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The <strong>Proposed</strong> Project would require the adoption of a special permit in order to facilitate<br />
the construction of the proposed approximately 665-space public parking garage with open<br />
rooftop parking. Pursuant to Section 74-512 of the Zoning Resolution of the City of New York, in<br />
C4-2 districts the CPC may permit public parking garages or public parking lots with more than<br />
150 spaces provided that applicable regulations set forth in Sections 36-53, 36-55 and 36-56 are<br />
met. 44 The adoption of the special permit is considered a site-specific discretionary action of the<br />
Zoning Resolution and represents a zoning action required to implement the <strong>Proposed</strong> Project.<br />
As previously mentioned, parking capacity at the Interim Construction Parking Lot would consist<br />
of approximately 96 at-grade parking spaces. No special permit would be required to facilitate<br />
the Interim Construction Parking Lot.<br />
The CPC is empowered under Section 74-01 of the Zoning Resolution of the City of New<br />
York to grant special permits in specific districts for uses whose location or control requires<br />
special consideration or major planning factors, or for specified modifications of use or bulk<br />
regulations, provided that in each specific case the requirement for findings as set forth in Article<br />
VII, Chapter 4 of the Zoning Resolution shall constitute a condition precedent to the granting of<br />
the special permit. 45 The CPC may also prescribe certain safeguards and conditions in granting a<br />
special permit, provided that in each specific case as it may deem necessary in order to minimize<br />
the adverse effects of the special permit upon other property and the community at large. The<br />
CPC weighs the following factors when considering a special permit:<br />
• Consideration of the hazards or disadvantages to the community at large through<br />
the location of such use at a particular site against the advantages to be derived by<br />
the community from a special permit use.<br />
• Determination if the adverse effects, if any, on the privacy, quiet, light and air in<br />
the neighborhood of such use will be minimized by appropriate conditions<br />
governing the location of the site, design and method of operation.<br />
• Determination as to whether the special permit use is appropriately located in<br />
relation to the street system and the anticipated traffic congestion resulting from a<br />
special permit use<br />
The CPC may permit rooftop parking or may permit floor space on one or more stories<br />
and up to a height of 23 feet above curb level to be exempted from the definition of floor area as<br />
set forth in Section 12-10. In addition, as a condition of permitting, the CPC must determine if<br />
the special permit adheres to the following: 46<br />
• That the principal vehicular access for such use is located on an arterial highway, a<br />
major street or a secondary street within one-quarter mile of an arterial highway or<br />
major street;<br />
DASNY would have to approve of such an arrangement prior to the execution of any agreement. It would not include<br />
any condemnation action by DASNY.<br />
44 The City of New York Department of City Planning, “Article VII: Administration-Chapter 4 Special<br />
Permits by the City Planning Commission, Section 74-512,” Zoning Resolution of the City of New York, May 22, 1969.<br />
p.15. http://www.nyc.gov/html/dcp/pdf/zone/art07c04.pdf (May 9, 2007).<br />
45 Ibid p.2.<br />
46 The City of New York Department of City Planning, “Article VII: Administration-Chapter 4 Special<br />
Permits by the City Planning Commission, Section 74-512,” Zoning Resolution of the City of New York, May 22, 1969.<br />
p.15. http://www.nyc.gov/html/dcp/pdf/zone/art07c04.pdf (May 9, 2007).
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• That such use is so located as to draw a minimum of vehicular traffic to and<br />
through local streets in nearby areas;<br />
• That such use has adequate reservoir space at the vehicular entrances to<br />
accommodate either 10 automobiles or five percent of the total parking spaces<br />
provided by the use, whichever amount is greater, but reservoir space shall not be<br />
required for more than 50 vehicles;<br />
• That streets provided access to such use will be adequate to handle the traffic<br />
generated thereby;<br />
• That, where roof parking is permitted, such roof parking is not located as to impair<br />
the essential character or future use or development of adjacent areas; and<br />
• That, where any floor space is exempted from the definition of floor area, such<br />
additional floor space is needed in order to prevent excessive on-street parking<br />
demand and relieve traffic congestion.<br />
Section 197-c of the New York City Charter mandates that applications by any individual<br />
or agency pertaining to the use, development, or improvement of real property subject to city<br />
regulation shall be reviewed pursuant to a uniform review procedure. 47 The City Charter’s intent<br />
in requiring ULURP was to establish a standardized procedure whereby applications affecting the<br />
land use of the City would be publicly reviewed. While the requested ULURP-related actions for<br />
the <strong>Proposed</strong> Project are site specific, the ULURP review process also considers these actions<br />
within the larger context of citywide land use trends. If the CPC determines that the use<br />
associated with the <strong>Proposed</strong> Project meets the conditions outlined above, then the special permit<br />
is granted. As outlined in Section 74-01, the power of the CPC to grant special permits is in<br />
harmony with the general purpose and intent of the Zoning Resolution. The granting of the<br />
special permit is a mechanism established within the Zoning Resolution that is designed to<br />
account for an array of special uses as outlined in Chapter 4 of the Zoning Resolution.<br />
Conclusion. The proposed courthouse would be an allowable use under the existing C4-2<br />
zoning. No rezoning, special permit or other zoning approval other than the site selection-public<br />
facility ULURP action would be required to facilitate the proposed courthouse. Development of<br />
the courthouse would not engender additional zoning actions in the project vicinity. Hence, the<br />
development of the courthouse would not result in significant adverse zoning impacts. The<br />
parking garage special permit, site selection, and site selection and property acquisition are sitespecific<br />
actions, valid only for the Project Site and the site of the Interim Construction Parking<br />
Lot. The granting of these actions would allow the development of the courthouse, parking<br />
garage and Interim Construction Parking Lot only; no other development would be facilitated by<br />
these actions. The granting of these actions would not alter the zoning, development densities or<br />
allowable uses on adjacent sites and, therefore, does not represent a significant adverse zoning<br />
impact.<br />
Fair Share Criteria. The CPC adopted criteria pursuant to Section 203 of the New York<br />
City Charter to guide the siting of City facilities so as to further the fair distribution of the<br />
burdens and benefits associated with such facilities among communities within New York City.<br />
The CPC considers these criteria, formally referred to as the “Criteria for the Location of City<br />
47 The City of New York, Department of City Planning. The Uniform Land Use Review Procedure (ULURP),<br />
http://www.nyc.gov/html/dcp/html/luproc/ulpro.shtml (December 21, 2007).
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Facilities” and also known as the “Fair Share Criteria” in acting on site selection and acquisition<br />
proposals subject to ULURP and in the review of City office sites. 48<br />
Two Fair Share analyses were submitted in support of the ULURP application for site<br />
selection and acquisition actions related to the <strong>Proposed</strong> Project, per the requirements of Section<br />
203 of the New York City Charter. The siting of the proposed courthouse would be subject to the<br />
Fair Share Criteria as it has been listed in the Citywide Statement of Needs (“SON”) for City<br />
Facilities for Fiscal Years 2007 and 2008. In addition, a separate Fair Share analysis was<br />
prepared for the site selection and acquisition of the Interim Construction Parking Lot. The use<br />
of this lot would offset the loss of parking at the existing municipal parking lot due to the<br />
construction of the <strong>Proposed</strong> Project. The Interim Construction Parking Lot was not listed in the<br />
SON. However, pursuant to Section 204(g) of the New York City Charter, the Mayor’s Office of<br />
the Criminal Justice Coordinator (“OCJC”) formally submitted the project to Staten Island<br />
Borough President James P. Molinaro in a letter dated March 21, 2008 (refer to Appendix A,<br />
Correspondence).<br />
The Fair Share analysis for the site selection of the proposed courthouse site concluded<br />
that the <strong>Proposed</strong> Project would be compatible with both existing city and non-city facilities and<br />
programs in the immediate vicinity of the Project Site, and would reinforce and extend the<br />
concentration of governmental uses within St. George. The <strong>Proposed</strong> Project would not represent<br />
an undue burden on the St. George community and would be in keeping with the stated needs and<br />
of Staten Island Community Board 1. The <strong>Proposed</strong> Project would also be consistent with the<br />
SON. In addition, this city-owned site meets the programmatic requirements of the Supreme<br />
Criminal, Supreme Civil, and Lower Criminal courts as well as associated court support functions<br />
that would be relocated to the new court facility. The Project Site also meets the required<br />
locational criteria considered under the Fair Share analysis since it is proximate to the existing<br />
concentration of court facilities and court-related agencies already located in St. George and is<br />
accessible via mass transit. Accordingly, the Fair Share Analysis concluded that the Project Site<br />
is suitable to provide the cost effective delivery of court and court-related services to the residents<br />
of Richmond County.<br />
The Fair Share analysis for the site selection and acquisition of the Interim Construction<br />
Parking Lot (Richmond Tax Block 8, Lots 1, 11, and 14) concluded that this property would be<br />
an ideal location for temporary construction-period parking due to its adjacency to the existing St.<br />
George Municipal Parking Field. The surface lot adjacent to the St. George Theatre is also<br />
proximate to a concentration of existing court, municipal, community facility, and transportation<br />
uses that compose the government center of St. George. This initiative is a direct response to the<br />
local community’s desire for the provision of additional parking during the construction of the<br />
<strong>Proposed</strong> Project. Pursuant to Section 204(g) of the New York City Charter, the SIBP has<br />
formally waived his right to propose an alternative location for the Interim Construction Parking<br />
Lot.<br />
48 CEQR Technical Manual, p. 1-15.
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Mitigation<br />
As no significant adverse impacts to zoning are anticipated from the implementation of<br />
the <strong>Proposed</strong> Project, no mitigation is required.
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Public Policy<br />
Existing Conditions<br />
The following section summarizes public policy initiatives on both a borough-wide level<br />
in addition to the primary and secondary study areas relating to development, community<br />
consistency and transportation policy.<br />
New York City Courts Capital Program Master Plan. The OCA, the City and the<br />
<strong>Dormitory</strong> <strong>Authority</strong> have agreed to a citywide program of court facility construction and<br />
renovation. The New York City Court Capital Program Master Plan (the “Master Plan”)<br />
provides a framework for the development of court facilities in New York City. The Master Plan<br />
identifies improvements that would be required to replace aging and inadequate facilities and to<br />
relieve existing and projected shortfalls in space. Pursuant to a 1999 amendment to the Master<br />
Plan, the City of New York authorized the construction and renovation of court buildings<br />
throughout the five boroughs of the City. The amendment was the realization of the State and<br />
City goal to restore and preserve the dignity of court facilities throughout the City as older and<br />
less efficient buildings hinder court operations and threaten to erode the public respect for the<br />
judicial system. As such, the City proposed to construct the new Staten Island Criminal Court<br />
and Family Court Complex, an early incarnation of the <strong>Proposed</strong> Project, as one improvement<br />
pursuant to the 1999 amendment to the Master Plan.<br />
During initial site investigations in 2001, an archaeologically-sensitive resource (an<br />
abandoned cemetery) was discovered on the Project Site (see Section 6, Historic and<br />
Archaeological Resources). This led to a disruption in the planned design and construction of the<br />
court complex while the City searched for a new location. Although several potential sites were<br />
evaluated (see Section 22, Alternatives to the <strong>Proposed</strong> Project), the City and OCA eventually<br />
decided to develop the new facility on its original site, pursuant to a 2005 amendment to the<br />
Master Plan.<br />
The court program for the new facility was updated in the 2005 Master Plan amendment.<br />
Under the 2005 amendment, the program included both Civil and Criminal Terms of the Supreme<br />
Court as well as the Surrogate's Court. During recent programming efforts the City proposed that<br />
Surrogate's Court be removed from the program and replaced by Lower Criminal Court to reflect<br />
current court facilities priorities. At this time, a ministerial amendment to the City's Master Plan<br />
reflecting this program change is in preparation and would be presented to the Court Facilities<br />
Capital Review Board for approval. The OCA fully supports this program change and expects<br />
that the Court Facilities Capital Review Board would approve this amendment. Accordingly, this<br />
DEIS includes Lower Criminal Court as a program element of the new facility.<br />
The <strong>Proposed</strong> Project would accommodate three court parts including one Supreme<br />
Criminal term, one Supreme Civil term and one Lower Criminal term comprised of 14 court sets.<br />
It is estimated that the <strong>Proposed</strong> Project would be a maximum of approximately 183,300 gsf,<br />
providing improved conditions and additional capacity for the respective court operations.<br />
Additional projects specified in the Master Plan include the renovation of the Richmond<br />
County Courthouse at 18 Richmond Terrace to accommodate the Family, Surrogate’s and Lower<br />
Civil Courts and associated court functions. The relocation of Supreme Court functions from the<br />
former United States Navy Homeport site to interim space which has yet to be determined is also
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referenced in the Master Plan. This relocation is due to the planned development of the<br />
Homeport site and would occur prior to the completion of the <strong>Proposed</strong> Project.<br />
Completed projects under the Master Plan include the Queens Family Courthouse,<br />
Brooklyn Supreme and Family Courthouse, and the Bronx Criminal Court Complex.<br />
Citywide Statement of Needs for City Facilities for Fiscal Years 2007 and 2008. The<br />
Citywide Statement of Needs for City Facilities for Fiscal Years 2007 and 2008 (“SON”) is part<br />
of the planning process which informs communities of the city’s needs for facilities as well as the<br />
specific criteria for selecting the location of these facilities. 49 The SON includes the <strong>Proposed</strong><br />
Project. Specifically, the SON indicates that the Mayor’s Office of the Criminal Justice<br />
Coordinator proposes that a portion of the St. George Municipal Parking Field on Hyatt Street<br />
between Central Avenue and St. Marks Place be utilized for the development of a new Richmond<br />
County Courthouse that would be a regional facility servicing the entire borough. This project<br />
was initially reported in the Citywide Statement of Needs for Fiscal Years 2000 and 2001, an<br />
earlier edition of the SON. The SON indicates that the approximate size of the facility would be<br />
154,000 gross square feet (gsf) and that the size of the parking garage is to be determined. 50 It<br />
should be noted that as currently proposed the <strong>Proposed</strong> Project involves the construction of a<br />
new approximately 183,300 gsf facility with an approximately 227,832-gsf, 665-space parking<br />
structure. An additional 77 parking spaces would remain as surface parking at the southern end<br />
of the existing parking lot. Additionally, the following siting criteria are presented for the<br />
<strong>Proposed</strong> Project in the SON for 2007 and 2008:<br />
• Central location in relation to existing courthouses, and;<br />
• Access to public transportation.<br />
The proposed site in the SON is formally identified as Block 6, Lot 21, Richmond<br />
County, bounded by Hyatt Street to the north, Central Avenue to the east and St. Marks Place to<br />
the west.<br />
Staten Island Community Board 1 Statement of Community District Needs Fiscal Year<br />
2007. Each fiscal year, Community Boards throughout the City of New York issue statements of<br />
community district needs. These statements describe each Community Boards’ respective needs<br />
which provide a context for development and an assessment of their budget priorities. 51<br />
Statements of community district needs are also considered by city agencies in the preparation of<br />
their departmental budget estimates. The Statement of Community Board Needs for Staten Island<br />
Community Board 1 Fiscal Year 2007 is specific to waterfront issues due to the district’s<br />
proximity to the North Shore waterfront. Economic development, improved transportation<br />
infrastructure and enhanced social and educational services are also outlined as consensus issues<br />
pertinent to the district’s neighborhoods. The construction of the <strong>Proposed</strong> Project in St. George<br />
49<br />
The City of New York, Department of City Planning, Department of Citywide Administrative Services,<br />
Department of Design and Construction. Citywide Statement of Needs For City Facilities/Fiscal Years 2007 and 2008.<br />
November 2005. p. 1.<br />
50<br />
Ibid. p. 43.<br />
51<br />
The City of New York, Department of City Planning, Office of Management and Budget, Community<br />
District Needs Fiscal Year 2007. December 2005. p.1.
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is explicitly referenced as a main economic development initiative for Staten Island Community<br />
Board 1. 52<br />
New Stapleton Waterfront Development Plan / Special Stapleton Waterfront District.<br />
The NYCDCP in conjunction with the New York City Economic Development Corporation<br />
initiated the creation of the Special Stapleton Waterfront District to facilitate the redevelopment<br />
of the former United States Navy Homeport site and adjacent parcels. The establishment of the<br />
Special Stapleton Waterfront District (“SW”) was derived from guidelines set forth in the New<br />
Stapleton Waterfront Development Plan. Historically, the Stapleton section of Staten Island has<br />
been subject to a declining economy and demographic shifts. The development plan is aimed at<br />
addressing these concerns by providing a mixed-use waterfront development that would function<br />
as a community destination. The area surrounding Homeport, a portion of which is located at the<br />
southeastern extent of the secondary study area of the <strong>Proposed</strong> Project, has been subject to<br />
previously unsuccessful plans for redevelopment since the closure of the former Homeport site<br />
and its ensuing transfer to the City of New York in 1994.<br />
In 2003, Mayor Bloomberg created a Task Force on Homeport Redevelopment (the<br />
“Homeport Task Force”), consisting of local elected officials, business owners and community<br />
organizations, to recommend development strategies for this site. The Homeport Task Force’s<br />
recommendations include development of an almost mile-long waterfront esplanade running the<br />
length of the site, residential units, a waterfront restaurant, ground-floor retail, a farmers market<br />
and open space. 53<br />
In order to implement the Homeport Task Force’s recommendations, several actions,<br />
incorporated as part of the aforementioned proposal, were required including a zoning text<br />
amendment change to create the special district, a zoning map amendment to rezone to an<br />
underlying contextual C4-2A General Commercial District and mapping and demapping of city<br />
streets. These changes were adopted by the CPC in October 2006 with a Build Year of 2015.<br />
Staten Island Growth Management. The population of Staten Island (Richmond County)<br />
has grown by almost 20 percent since 1990 making Richmond one of the fastest growing counties<br />
in New York State during this time span. This population increase coupled with increased<br />
housing growth raised concerns regarding infrastructure capabilities and overdevelopment on<br />
Staten Island. In response, Mayor Bloomberg created the Staten Island Growth Management<br />
Task Force (the “Growth Management Task Force”) in July 2003 and charged it with addressing<br />
quality of life issues and overdevelopment. In December 2003, the Growth Management Task<br />
Force published the Staten Island Growth Management Task Force Final Report, which offered<br />
recommendations for residential development on Staten Island. In August 2004, the City Council<br />
approved the Lower Density Growth Management Text Amendments, as suggested by the<br />
Growth Management Task Force. These new regulations, summarized above under Lower<br />
Density Growth Management Areas are intended to manage future growth without hindering the<br />
function of the borough’s infrastructure. 54<br />
52<br />
The City of New York Department of City Planning, Community District Needs Staten Island Fiscal Year<br />
2007. New York, NY. December 2005. Page 21.<br />
53<br />
The City of New York Department of City Planning, “Stapleton Waterfront”<br />
http://www.nyc.gov/html/dcp/html/stapleton/index.shtml (August 11, 2006).
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Coastal Zone Management / Waterfront Revitalization Program. The Coastal Zone<br />
Management Act (“CZMA”) was enacted on October 27, 1972, in order to “preserve, protect,<br />
develop and where possible to restore or enhance the resources of the Nation’s coastal zones for<br />
succeeding generations.” (16 USC § 1452) The National Oceanic and Atmospheric<br />
Administration (“NOAA”), who partnered with coastal states to provide management of the<br />
nation’s coastal resources, administers this act. The CZMA balances economic development with<br />
environmental conservation in coastal areas. The CZMA also provides national guidelines while<br />
recognizing the unique needs and characteristics that are specific to each coastal state.<br />
The New York State Department of State’s (“NYSDOS”) Division of Coastal Resources<br />
administers the coastal zone management program for New York State. Pursuant to the<br />
requirements of the CZMA, the State has identified its coastal zone boundaries and guidelines to<br />
assess development within its coastal zones.<br />
Subsequently, the City of New York developed its own coastal zone management plan<br />
for development and use of its waterfront called the New York City Waterfront Revitalization<br />
Program (“WRP”), originally adopted in 1982 and later revised in 1999. Discretionary actions<br />
within the coastal zone including those subject to ULURP and CEQR are reviewed for<br />
consistency with WRP policies. For local actions requiring approval by the City Planning<br />
Commission, the CPC acting as the City Coastal Commission makes the consistency<br />
determination. For federal and state actions within the City’s coastal zone, NYCDCP, acting on<br />
behalf of the City Coastal Commission, forwards its comments to the state agency making the<br />
consistency determination. 55<br />
The coastal zone boundary in St. George generally runs from the U.S. pierhead line<br />
landward along Richmond Terrace and Bay Street. Although the <strong>Proposed</strong> Project is located<br />
outside of the coastal zone boundary, the eastern portion of the primary and secondary study areas<br />
falls within the coastal zone boundary.<br />
New York City Comprehensive Waterfront Plan / Plan for the Staten Island Waterfront.<br />
Issued in 1992 by the NYCDCP, the New York City Comprehensive Waterfront Plan (“CWP”)<br />
presents a long-range vision and a set of practical strategies to guide the shoreline’s future<br />
development and investment. The plan seeks to balance issues associated with the different<br />
functions of the waterfront including the natural waterfront, the public waterfront, the working<br />
waterfront and the redeveloping waterfront. In response to the CWP, the Plan for the Staten<br />
Island Waterfront was issued in 1994 by the NYCDCP. This document presents studies of Staten<br />
Island’s five reaches, or waterfront study areas. 56<br />
St. George’s waterfront is located within Reach 18 on Staten Island’s north shore. Reach<br />
18 extends from Sailors Snug Harbor to the Verrazano-Narrows Bridge and includes the St.<br />
54<br />
The City of New York Department of City Planning “Staten Island Growth Management”<br />
http://www.nyc.gov/html/dcp/html/sigrowth/sigrowth1.shtml (August 14, 2006).<br />
55<br />
The City of New York Department of City Planning, “Waterfront Revitalization Program”<br />
http://www.nyc.gov/html/dcp/html/wrp/wrp.shtml (August 17, 2006).<br />
56<br />
The City of New York Department of City Planning, New York City Comprehensive Waterfront Plan.<br />
Summer 1992. p. i.
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George Ferry Terminal. 57 The Plan for the Staten Island Waterfront makes several<br />
recommendations for Reach 18, many of which focus on the economic benefits of shorefront<br />
development to North Shore communities and increasing public access to the waterfront.<br />
North Shore Empire Zone. The New York State Empire Zones Program (“EZ”) offers<br />
special incentives to expanding or new companies in order to stimulate business investment, job<br />
growth, and community and economic development in designated areas throughout the state.<br />
There are two Empire Zones encompassing approximately 1,900 acres in the North Shore and<br />
West Shore of Staten Island. The Project Site is located within the boundaries of Staten Island’s<br />
North Shore Empire Zone, which sustains maritime, industrial and commercial sites extending<br />
from the waterside of Edgewater Street in Clifton to Howland Hook in Port Ivory. Businesses<br />
situated within Empire Zones are eligible for real property, employment, investment, and wage<br />
tax credits in addition to sales tax credits and utility discounts. A local Zone Administrative<br />
Board, comprised of representatives from city agencies as well as local community, government<br />
and business officials, is charged with monitoring and coordinating the incentives granted under<br />
the EZ program. 58<br />
Staten Island Supreme Courthouse and the Downtown St. George Renaissance. The<br />
Staten Island Supreme Courthouse and the Downtown St. George Renaissance plan, presented by<br />
Staten Island Borough President James P. Molinaro in May 2007, places the <strong>Proposed</strong> Project<br />
within the context of the ongoing revitalization of St. George. While the Borough President is<br />
supportive of the <strong>Proposed</strong> Project, several recommendations related to the <strong>Proposed</strong> Project and<br />
the immediate area of St. George are contained within the renaissance plan. This initiative<br />
comprises various elements, some of which are described below: 59<br />
• Investigate alterations along Hyatt Street and Central Avenue adjacent to the Project<br />
Site required to accommodate the construction of streetscape improvements,<br />
landscaping and decorative paving.<br />
• Increasing the capacity of the proposed parking structure.<br />
• Advocate for a Special Downtown St. George Zoning District to ensure the<br />
revitalization of St. George.<br />
• Evaluate travel directions around the downtown hub area and propose direction<br />
changes and weekend closures as required.<br />
This plan represents a potential future project in the immediate vicinity of the Project<br />
Site. The plan’s various recommendations, including the establishment of a master plan and<br />
adoption of a special zoning district, are part of a more comprehensive proposal for the St.<br />
George neighborhood and are therefore independent actions beyond the scope of the <strong>Proposed</strong><br />
Project. Any potential implementation of any component of this plan should be viewed as a<br />
separate but related action requiring other approvals and/or environmental review as appropriate<br />
independent of those secured for the <strong>Proposed</strong> Project.<br />
57<br />
The City of New York Department of City Planning, Plan for the Staten Island Waterfront. Fall 1994. p.<br />
11.<br />
58<br />
Staten Island Economic Development Corporation. North & West Shore Empire Zones.<br />
http://www.siedc.net/services_edz.html (August 15, 2006).<br />
59<br />
Staten Island Supreme Courthouse and the Downtown St. George Renaissance presented by Staten Island<br />
Borough President James P. Molinaro. May 7, 2007.
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DASNY’s Green Construction Policy. The <strong>Dormitory</strong> <strong>Authority</strong> promotes and supports<br />
sustainable design approaches and construction practices. The <strong>Dormitory</strong> <strong>Authority</strong>’s internal<br />
processes facilitate integrated design and recognition of sustainable opportunities in every<br />
DASNY construction project regardless of its size or complexity. As of January 1, 2008, all<br />
DASNY projects that involve new construction, new additions, or significant renovation will<br />
include submission to the U.S. Green Building Council (“USGBC”) for a Leadership in Energy<br />
and Environmental Design (“LEED”) Silver rating. The LEED rating system aims to promote the<br />
design and construction of environmentally responsible buildings. In accordance with DASNY’s<br />
Green Construction Policy, each DASNY project would register for LEED at the start of the<br />
project, require energy modeling in schematic design, require a commissioning authority to be<br />
part of the design process during design development, and track, measure and prepare all LEED<br />
documentation. 60 A building attains LEED status by amassing sustainability points for various<br />
design elements in the following five areas of sustainability: sustainable site development, water<br />
efficiency, energy and atmosphere, materials and resources and indoor environmental quality.<br />
PlaNYC A Greener, Greater New York. PlaNYC A Greener, Greater New York is a plan<br />
geared toward preparing the city, in a sustainable way, for the anticipated 2030 population of over<br />
nine million people. According to PlaNYC, this new population is expected to result in 750,000<br />
new jobs and the need for an additional 60 million square feet of commercial space. In<br />
expectation of the 2030 population increase and the resulted increases in the need for commercial,<br />
residential, and open space, the PlaNYC proposes primarily two solutions; maintain what New<br />
York currently has and seek sustainable solutions or green solutions for future needs.<br />
Maintenance of what New York currently has includes ensuring that the existing infrastructure is<br />
brought up to date and can be depended upon. Key infrastructure that must be maintained<br />
includes the subways, water tunnels and water mains, the road and highway network including<br />
bridges and tunnels, and electric, gas, and steam distribution systems. Green solutions to future<br />
development primarily include consideration of land, open space, water, transportation, energy,<br />
and air quality. Given how vast the subject of sustainable solutions is, a majority of the report<br />
focuses on these categories. Below is a summary of the land, open space, energy and air quality<br />
considerations, the four sustainable solutions subjects of this plan that are most relevant to the<br />
<strong>Proposed</strong> Project.<br />
Land. Despite the increasing population of New York City, the land available is fixed<br />
and will not increase along with the population. Because of this, PlaNYC recognizes the need to<br />
utilize the existing land more efficiently in order to provide housing and open space for future<br />
generations. Achieving this goal will include the following:<br />
• Creating new housing opportunities in areas with access to mass transit.<br />
• Reclaim underutilized waterfronts by restoring underused and vacant land.<br />
• Cleaning up and utilizing Brownfield sites;<br />
• Increasing transit options to spur development in lower-density areas;<br />
• Reuse of outdated buildings for new uses (i.e., conversion of an old hospital into new<br />
housing); and<br />
60 <strong>Dormitory</strong> <strong>Authority</strong> of the State of New York. DASNY’s Green Construction Policy.<br />
http://www.dasny.org/green/greenconstrucpolicy.php (January 15, 2008).
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Staten Island Supreme Courthouse Project Draft EIS<br />
• Exploring the possibility of decking over rail yards, rail lines and highways in an<br />
effort to increase the supply of developable land.<br />
Open Space. While ensuring that the future population has adequate housing available it<br />
is also a goal of PlaNYC that adequate open space is made available. The overall open space<br />
goal of the plan is that every New Yorker lives within a ten-minute walk of a park. In achieving<br />
this goal the following is necessary:<br />
• Making existing open spaces available to more residents. This includes opening<br />
school yards across the city as public playgrounds.<br />
• Completing underdeveloped destination parks;<br />
• Increasing the usable hours at existing parks by installing new lighting;<br />
• Creating or enhancing public plazas in every community; and<br />
• Greening the cityscape through expansion of the Greenstreets program and the<br />
planting of street trees.<br />
Energy. An increase in population will result in an increase in energy consumption. In<br />
light of recent blackouts in Queens neighborhoods, it is apparent the city’s energy infrastructure<br />
is in desperate need of repair and that updates are required. The city’s aging infrastructure, old<br />
inefficient buildings and the increasing demands for energy require the city to plan for the future<br />
and seek investments in clean energy solutions and energy saving technologies. The energy goal<br />
for PlaNYC is to provide clean and reliable energy to every New Yorker. This goal will be<br />
achieved through the following:<br />
• Establishing a New York City energy board that will be responsible for looking at the<br />
city’s demand and supply of energy in a comprehensive way, allowing the city to better<br />
plan for needed updates to the energy infrastructure.<br />
• Reducing energy consumption of the city as a whole through energy awareness<br />
campaigns.<br />
• Expand the city’s clean power supply by repowering/constructing power plants and<br />
transmission lines; expanding Clean Distribution Generation, and supporting the<br />
expansion of the natural gas infrastructure.<br />
Air Quality. For decades New York has worked on improving its air quality. Despite all<br />
this work, the city still fails to meet federal air quality standards. As a result of this and given the<br />
anticipated population increase, PlaNYC proposes that New York improve its air quality to<br />
achieve the cleanest air of any large American city. This will require the following:<br />
• Reducing vehicle emissions by improving fuel efficiency of private cars, retrofitting and<br />
refueling diesel trucks, and decreasing emissions from school buses by decommissioning<br />
old buses;<br />
• Reducing emissions from buildings by utilizing cleaner burning heating fuels; and<br />
• Pursuing natural solutions to improving air quality, including reforesting portions of our<br />
parklands and encouraging tree planting on public and private lots and city-owned land.
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No-Build Condition<br />
Under the No-Build Condition, no major changes in public policy are contemplated. In<br />
addition, the PlaNYC A Greener, Greater New York is a citywide plan aimed at preparing the city<br />
in a sustainable way for future populations. Without the <strong>Proposed</strong> Project it is anticipated that the<br />
sustainable initiatives suggested in this plan would continue to become a part of standard practice.<br />
Build Condition<br />
Implementation of the <strong>Proposed</strong> Project would be consistent with the relevant and<br />
proposed public policy initiatives which guide development both within the primary and<br />
secondary study areas and throughout the borough.<br />
Under the <strong>Proposed</strong> Project, the construction of the courthouse facility would allow for<br />
the efficient operation of the judicial system within Staten Island by allowing for the<br />
consolidation of court parts and court-related agencies from various locations into a single<br />
modern structure capable of accommodating future growth. As a result, the <strong>Proposed</strong> Project<br />
would support the objectives identified in the New York City Courts Capital Program Master<br />
Plan and the ministerial amendment to the Master Plan. 61 The Staten Island Courthouse Project<br />
has been designed to be compatible with both the existing civic setting as well as with the scale,<br />
architecture, density and use of the commercial office space and low-density residential in the<br />
surrounding community (see Section 9, Urban Design and Visual Resources).<br />
Refer to Section 1, Description of the <strong>Proposed</strong> Action and <strong>Proposed</strong> Project for state<br />
and local discretionary approvals that would be required prior to the construction of the <strong>Proposed</strong><br />
Project. Additional permits related to the physical construction of the courthouse facility are<br />
detailed in Section 19, Construction Impacts.<br />
Implementation of the <strong>Proposed</strong> Project would also be consistent with the economic<br />
development initiatives that were identified in Community Board 1’s Statement of Community<br />
District Needs for Fiscal Year 2007. The North Shore Empire Zone program is intended to<br />
stimulate local business growth in designated areas. The <strong>Proposed</strong> Project is anticipated to<br />
expand and revitalize the governmental center of St. George, thereby providing local businesses<br />
with an additional consumer base. Accordingly, the construction of the <strong>Proposed</strong> Project would<br />
be compatible with the objectives of the North Shore Empire Zone program.<br />
The City’s applicable waterfront regulations as mandated under the Local Waterfront<br />
Revitalization Program and the State’s coastal policies are not applicable as the Project Site is<br />
located outside of the designated coastal zone. No determination of consistency with State or<br />
City waterfront revitalization policies is required. The <strong>Proposed</strong> Project would not conflict with<br />
the principles identified in the New York City Comprehensive Waterfront Plan or the Plan for the<br />
Staten Island Waterfront. Although Lower Density Growth Management Area regulations<br />
pertain primarily to residential development within the borough, implementation of the <strong>Proposed</strong><br />
Project would not be contradictory to the goals of the program. Infrastructure improvements to<br />
61<br />
State of New York, Office of Court Administration. New York City Courts Capital Program Master Plan,<br />
2005 Amendment (Excerpt). Albany, NY, 2005
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Staten Island Supreme Courthouse Project Draft EIS<br />
limit demands placed on infrastructure would be consistent with the LDGMA program.<br />
Infrastructure to support the <strong>Proposed</strong> Project is anticipated to be present via utility lines and<br />
structures in buildings and beneath adjacent roadways (see Section 15, Infrastructure and Section<br />
17, Use and Conservation of Energy).<br />
The Staten Island Supreme Courthouse and the Downtown St. George Renaissance plan<br />
presented by the Staten Island Borough President (“SIBP”) on May 7, 2007 envisions a<br />
continuous street wall along Hyatt Street anchored by a mixed-use development on the site of the<br />
proposed Interim Construction Parking Lot. The interim use of this lot for public parking during<br />
construction would not create a continuous street wall or a mixed-use development along Hyatt<br />
Street, as outlined in the SIBP’s renaissance plan. However, the plan also stresses the importance<br />
of the availability of public parking within the St. George governmental core. As such, the<br />
proposed interim use of the surface lot adjacent to the St. George Theatre would be at a minimum<br />
consistent with the public parking goals outlined in the SIBP’s plan. In addition, the proposed<br />
use of this lot for parking would be temporary, lasting only through the duration of the<br />
construction of the proposed parking garage. Once the parking garage is operational, the use of<br />
the surface lot as public parking would be discontinued and the property would be available for<br />
future development (see Section 19, Construction Impacts). Accordingly, the use of the Interim<br />
Construction Parking Lot would not conflict with the SIBP’s long-term goals of a continuous<br />
street wall and mixed-use development along Hyatt Street.<br />
The <strong>Proposed</strong> Project would be designed to incorporate green building design criteria<br />
such as those equivalent to Silver standards under the LEED Green Building Rating System in<br />
compliance with DASNY’s Green Construction Policy. In addition, the <strong>Proposed</strong> Project would<br />
comply with PlaNYC. Since the <strong>Proposed</strong> Project would incorporate New York State-mandated<br />
sustainable design performance standards that require improvements in the energy efficiency of<br />
new construction, it would further support PlaNYC’s energy-related goals. The <strong>Proposed</strong> Project<br />
also would be supportive of PlaNYC’s goal to utilize existing land more effectively, since it<br />
would increase the density of development on the Project Site. Additionally, the <strong>Proposed</strong><br />
Project would be consistent with the open space goals of PlaNYC in that it would include<br />
increased landscaping on the Project Site through the creation of the public landscape and<br />
Memorial Green. According to PlaNYC, this is not only a goal of the plan, but also would aid in<br />
improving air quality and minimizing the urban heat island effect.<br />
Given that the proposed Staten Island Courthouse Project would have no effect on the<br />
implementation of relevant public policy initiatives and would be in substantial compliance with<br />
the guidelines and objectives of the New York City Courts Capital Program Master Plan, no<br />
significant impacts upon public policy are anticipated.<br />
Mitigation<br />
As no adverse impacts to policy and regulatory controls in the primary or secondary areas<br />
would result from the implementation of the <strong>Proposed</strong> Project, no mitigation is required.