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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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-5<br />

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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-8<br />

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. -


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-10<br />

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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-11<br />

Staten Island Supreme Courthouse Project Draft EIS<br />

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 Project Draft EIS<br />

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).


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-13<br />

Staten Island Supreme Courthouse Project Draft EIS<br />

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


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-16<br />

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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-17<br />

Staten Island Supreme Courthouse Project Draft EIS<br />

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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-18<br />

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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-19<br />

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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-20<br />

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.


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-21<br />

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


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-23<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

• 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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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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Staten Island Supreme Courthouse Project Draft EIS<br />

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


<strong>Dormitory</strong> <strong>Authority</strong> of the State of New York Page 2-44<br />

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.

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