9.0 LAND USE
9.1 Introduction
This section addresses several types of issues: compatibility with local laws, existing land uses, zoning, land use planning, waterfront access and open space. Land use analysis studies the patterns of local human settlement and life. In addition to the study of present patterns, this analysis examines the stated objectives of the community or its constituent groups, whether through master planning efforts, zoning or other land use regulations. The Siting Board regulations explicitly require an analysis of land uses and zoning districts. 16 NYCRR 1001.3(b)1(i). Environmental remediation of on-site soils is a critical Project component. It is also addressed as a land use issue. Decommissioning and restoration of the Project site are also addressed in this section, as this is an issue pertaining to the site's future land use.
9.1.1 Planning Programs
The Project site is located within a coastal zone, requiring a demonstration of compatibility with the applicable New York State and New York City coastal zone policies. Coastal zone management is federally mandated through the Coastal Zone Management (CZM) Act of 1972. Findings of coastal zone consistency are based on Coastal Management Policies as well as Local Waterfront Revitalization Programs (LWRP), drafted pursuant to the Waterfront Revitalization and Coastal Resource Act (Executive Law, Article 42) and approved by New York Department of State (DOS). In the Application, TGE will evaluate the Project's consistency with State and City coastal policies, as well as the goals of the New York City Comprehensive Waterfront Plan and the Plan for the Brooklyn Waterfront. In addition, three 197-a plans - documents proposed by agencies and community boards but not presently approved - will be examined. These are the Brooklyn Community Board One plans for Greenpoint and Williamsburg and the Department of City Planning 197-a plan entitled The New Waterfront Revitalization Program, which proposes to streamline 56 state and city coastal policies into 10. Waterfront revitalization is also an issue identified in the GWAPP Report.
Availability of public open space is an important consideration, and a methodology exists to study this issue under the City Environmental Quality Review (CEQR) Program. The Application will address the existing open space available within the Greenpoint and Williamsburg neighborhoods and the impact the Project may have on these resources.
The analysis of local laws is included in this section because most local laws are generally related to land use. However, in New York City, there are other types of local laws, including a body of regulations related to air quality and noise, which are addressed separately. (In the Application, a table of the degree of compliance with all relevant local laws will be presented irrespective of discipline.) The Public Service Law requires the Siting Board to issue a Certificate only if it finds that the Project "is designed to operate in compliance with applicable state and local laws and regulations." PSL168.2(d). However, it should be noted that in the case of local requirements the Siting Board has discretion to grant relief from such provisions if it finds that they are "unreasonably restrictive."
9.2 The Waterfront
9.2.1 Waterfront Access and Industry
The New York City Department of City Planning Waterfront Revitalization Program states, "Although waterfront zoning regulations do not require public access in connection with industrial development, there are often appropriate opportunities for physical or visual access along the working waterfront. Where there is no risk to public health and safety or to industrial operations, this policy would encourage public parks, public piers and bikeway routes along the industrial waterfront."
Because waterfront access in an industrial area is permissible, TGE will assess opportunities to enhance waterfront access in the Project area. Currently, there is no public waterfront access at the Project site. Two waterfront access points that have been identified in planning documents are the Eastern District Terminal site and the Bushwick Inlet at North 14th Street and Kent Avenue (with open space on the north side of the inlet). See Figure 9-1, Waterfront Access and Planning. Assuming both are achieved in the near term, there remain at least three distinct opportunities for enhancing waterfront access in the area between North 9th and North 14th streets. The opportunities identified to date are:
1. Access water visually and physically at both locations without a connection 2. Use physical design treatments along Kent Avenue connecting the two locations 3. Allow a physical connection between the two along the waterfront and the north side of the Bushwick inlet
Option 1 permits waterfront access from the Northside neighborhood as well as from McCarren Park and the Greenpoint neighborhood. It does not establish a greenway. Option 2 permits the shortest possible route along presently accessible streets between the two open spaces - a route that could serve as a link within a larger greenway. Option 3 is itself a significant component of a greenway. Which option ultimately comes to fruition is outside the Article X proceeding as it involves several landowners and multiple stakeholders. However, in the Application, TGE will explore ways in which it can assist any one of these three options or a preferred option proposed by a stakeholder or administrative agency. For example, TGE may be able to provide physical waterfront access along the East River in the west end of the Project site. A pedestrian bridge spanning the mouth of the Bushwick Inlet will also be evaluated.
In addition, there are design elements that the Project can incorporate even if no additional physical waterfront access is made available. Architectural treatments and their urban design context will be studied in the Application, as further described in Section 10.
Figure 9-1: Waterfront Access and Planning
Another vision of waterfront access is the local 197-a plans' goal to preserve the eastern shorefront of the Bushwick Inlet, which is not bulkheaded, as a passive recreation area centered on the natural environment. The Application will evaluate the potential impact on these proposals and propose mitigation where appropriate considering the operational requirements of the Project. For example, it appears that the Project can coordinate with such efforts through landscaping as well as an architectural façade that acknowledges the water resource located to its north. It should be stressed that any off-site designs are subject to the discussion, evaluation - and ultimately the decision - of the duly authorized public officials.
9.2.2 Water-Related Functions
As indicated in the description of waterfront zoning below, developments in "Use Group 18" are not required to demonstrate that they are water-dependent in order to be allowed as-of-right on waterfront parcels zoned "M3." (See Section 9.2.5 for an explanation of waterfront zoning and definition of terms.) Nonetheless, because certain aspects of the Project are associated with water-dependent or otherwise water-related uses, they are briefly described here.
The Project proposes to reinforce docking facilities that it will require for delivery of major equipment. The docking facilities to be repaired at the Project site will be used for the delivery of major components - a water-dependent use per Section 62-211 - and is expected to be used through the operational lifetime of the Project as warranted. Note, however, that the pier could at specified times be closed to pedestrian access, while at other times it could be closed to ship traffic and open to the public as a pedestrian space. Furthermore, TGE will investigate the use of wastewater recycled from the Newtown Creek WPCP, which is itself a water-dependent use under Section 62-211, for steam and all process wastewater.
9.2.3 Consistency with Coastal Policies
The New York City Department of City Planning has proposed The New Waterfront Revitalization Program to streamline the method of assessing compliance with coastal policies. The proposed changes, furthermore, do not constitute a reversal of goals, but rather a clarification and simplification. The ten proposed streamlined policies are presented in Table 9-1 below, consistent with The New Waterfront Revitalization Program.
A preliminary, brief statement as to the Project's likely impact and the need for detailed study regarding consistency with this policy is also stated. In the Application, an expanded analysis will be provided to ensure that all applicable coastal zone policies are examined.
Table 9-1: Consistency with Coastal Policies Policy Anticipated Degree of Consistency,Focus of Study Support and facilitate commercial and residential redevelopment in areas well-suited to such development. The Project will not interfere with commercial or residential redevelopment. The site was not proposed for rezoning. Support water-dependent and industrial uses in New York City coastal areas that are well-suited to their continued operation. The Project is an industrial use that is both water-dependent and water-related. The Application will address suitability of the site as part of land use analysis. Promote use of New York City's waterways for commercial and recreation boating and water-dependent transportation centers. The Project does not interfere with this policy. Water-based commercial and recreational transportation is not expected at the Project site. Protect and restore the quality and function of ecological systems within the New York City coastal area. The Project proposes no intake structures or thermal discharges that could affect migratory pathways. Protect and improve water quality in the New York City coastal area. The Project is protective of water quality through air cooling and potentially also through reusing non-potable water. Minimize loss of life, structures and natural resources caused by flooding and erosion. The Application will present a management plan that protects property and life without excessive waterfront construction - see Section 15. Minimize environmental degradation from solid waste and hazardous substances. The Project will undertake extensive remediation of existing, recognized environmental conditions - see Section 9.6. Provide public access to and along New York City's coastal waters. The Application will include a study of various waterfront access options, as described in this section. Protect scenic resources that contribute to the visual quality of the New York City coastal area. The Application will study coastal views and scenic areas pursuant to this policy, as described in Section 10 below. Protect, preserve and enhance resources significant to the historical, archaeological and cultural legacy of the New York City coastal area. The Application will study impacts to all cultural resources identified in Section 8 above and in forthcoming cultural resources study.
9.2.4 Local Waterfront Revitalization Plans
There are six waterfront plans for the area surrounding the Project. These plans are: the New York City Planning Department's New York City Comprehensive Waterfront Plan, the City Planning Department's Plan for the Brooklyn Waterfront, the Comprehensive Manhattan Waterfront Plan, the two proposed Brooklyn Community Board One 197-a Plans for the Greenpoint and Williamsburg communities, and the Greenway Plan for New York City. With the exception of the Manhattan waterfront plan and the Greenway plan, these plans outline the historical, existing, and future use of the Greenpoint and Williamsburg waterfront in Brooklyn. (The Manhattan waterfront plan will be addressed in the Application because the Project area is adjacent to and visible from Manhattan.) The purpose of each of these plans is to identify the goals of the community, identify steps to achieve the goals, and ensure that future development is consistent with the goals outlined in the plans. Proposed 197-a plans, when and if approved, may be reflected in specific zoning or regulatory changes.
The Greenpoint 197-a plan recommends six sub-areas of the neighborhood to be rezoned, but not including the Project site or any abutting parcel. The Williamsburg 197-a plan proposes redeveloping the Eastern District Terminal property as a waterfront park or rezoning the site from heavy manufacturing to mixed use to facilitate development of residential, light industrial and small-scale retail uses, setting aside a portion for open space and waterfront access. The proposal does not extend to the New York City Department of Sanitation facility between North 11th and 12th streets, or to the Project site.
The City Comprehensive Plan and the Plan for the Brooklyn Waterfront propose to rezone the Greenpoint Terminal Market Site (between Greenpoint Avenue and Oak Street north of the Bushwick inlet), as well as the proposed Eastern District Terminal Site, from M3-1 into medium-density residential and light manufacturing. The Plan (as reflected in Figure 9-1) outlines several properties along the waterfront for redeveloping, rezoning to M1, and rezoning to Residential. However, the existing Bayside Oil Terminal parcel is not proposed to be rezoned.
Both the Greenpoint 197-a and Williamsburg 197-a plans recommend public access linking the Bushwick Inlet to McCarren Park via North 14th Street. Several plans make mention of turning the parcel of land north of the Bushwick Inlet into a museum site commemorating the battleship Monitor.
The following sections briefly discuss each of the six plans' goals. The Application will discuss the plans in further detail and will assess the degree of compatibility of the Project with these plans.
9.2.4.1 New York City Comprehensive Waterfront Plan
The New York City Planning Department's Comprehensive Waterfront Plan, Reclaiming the City's Edge (1992) is based on the four major functions of the waterfront. These are: the natural waterfront, the public waterfront, the working waterfront, and the redeveloping waterfront. Additionally, the plan includes a waterfront zoning proposal. Each of these waterfront functions as well as the zoning proposal will be assessed in the Application in relation to the Project.
The natural waterfront is a two-part strategy for creating a balanced and comprehensive vision for the future of the city's waterfront. Part one of the strategy attempts to address natural waterfront issues citywide. Part two identifies three unique natural areas with special significance. Citywide issues include wetlands, significant coastal fish and wildlife habitats, coastal erosion, and water quality. The three special natural waterfront areas are Jamaica Bay/Rockaway Peninsula, portions of the Staten Island coastline, and sections of the Long Island Sound shorelines of Queens and the Bronx. None of these are near the Project site.
The public waterfront section of the City's Comprehensive Waterfront Plan centers on a plan to re-establish the public's connection to the waterfront. The public waterfront plan's goals are to:
· Identify opportunities for improved linkages to and along the waterfront; · Ensure high quality public space at the water's edge by establishing design guidelines; · Encourage publicly oriented waterfront-dependent and waterfront enhancing uses; · Preserve and enhance visual corridors from the upland to the waterfront and special views seen from the water's edge; · Retain and expand recreational opportunities that are enhanced by a waterfront location; and · Plan for the development and future maintenance of the public waterfront.
From an historical perspective the working waterfront is largely responsible for the city's development and prosperity, according to the Comprehensive Plan. New York City's waterfront from the 18th century into the 20th century was one of the major U.S. ports. Due to changes in technology and the transportation industry, the city's waterfront today is much less utilized. Nevertheless, the existing working waterfront activities play an important role in the city's economy. The working waterfront goals are to:
· Retain sufficient waterfront land to accommodate existing, and attract future industrial, maritime, municipal, and other working waterfront uses; · Identify infrastructure improvements and other investments necessary to sustain these uses; · Identify opportunities to encourage ferries, excursion boats, marinas and other water-dependent uses; · Encourage waterborne transportation of goods and people; and maximize intermodal linkages; · Ensure that working waterfront uses are developed in an environmentally sound manner; and · Provide public access where appropriate and feasible.
The Comprehensive Plan proposes waterfront manufacturing zoning districts. The Project site is identified as a waterfront manufacturing zoning district. The Comprehensive Plan states that maintaining the manufacturing zoning in the industrial waterfront is a way to ensure sufficient land availability for the working waterfront.
Redeveloping the waterfront encompasses those areas that "provide opportunities for non-industrial waterfront development, including residential, office, retail and community facility uses. The main principle guiding planning for the redeveloping waterfront is to accommodate and encourage change by taking advantage of appropriately located vacant and underutilized land not identified in this plan as needed for other purposes." Similar to other areas, goals have been set up for the redeveloping waterfront:
· Promote economic development and enhance the city's tax base by providing opportunities for new uses, including housing for a range of income groups; · Enliven the waterfront by promoting people-attracting uses, open space, and public access to the waterfront; · Integrate new development with adjacent upland communities; · Consider land use, availability of services and infrastructure capacity in determining scale of redevelopment; and · Promote social and economic diversity on the waterfront.
9.2.4.2 Plan for the Brooklyn Waterfront
This document accompanies the New York City Comprehensive Waterfront Plan, but is specific to Brooklyn. Brooklyn is divided into several reaches. The area of focus for the Project is Reach 14, Brooklyn East River/Upper Bay. This plan will be studied in conjunction with the overall New York City Comprehensive Waterfront Plan in the Application. The plan recommends rezoning portions of Reach 14, as reflected in Figure 9-1. However, it does not recommend rezoning the Project site or any adjacent parcel.
9.2.4.3 Brooklyn Community Board One 197-a Plan for Greenpoint
Greenpoint is bounded on the north and east by Newtown Creek (Brooklyn-Queens border), on the south by North 12th Street, Bayard Street, the Brooklyn Queens Expressway, and Lombardy Street, and on the west by the East River.
The Greenpoint 197-a plan was developed over a ten year period, incorporating the ideas discussed in multiple community group meetings. "The 197-a Plan makes active use of these ideas, and builds upon Greenpoint's enormous potential to use its community assets, such as its diverse population, location and proximity to centers of employment and culture in ways that will benefit the neighborhood and New York City… The community envisions Greenpoint as a neighborhood with a continuous publicly accessible waterfront, restored housing stock, and revitalized commercial streets, a radically improved environment, and a high quality of life." The Greenpoint 197-a Plan is organized into 7 key areas of interest.
· Zoning; · Environmental protection; · Waterfront access and open space; · Housing and historic preservation; · Economic development and quality of life; · Community facilities; and · Transportation and infrastructure.
The Application will address each of these areas.
9.2.4.4 Brooklyn Community Board One 197-a Plan for Williamsburg
The Project site is adjacent to the Northside neighborhood within Williamsburg, near the unofficial boundary between Williamsburg and Greenpoint. The Williamsburg Waterfront 197-a Plan, A Matter of Balance: Housing, Industry, Open Space (1998), encompasses Williamsburg, the Northside, the Southside, and South Williamsburg. The Williamsburg Waterfront 197-a plan discusses the history of Williamsburg, its existing conditions and recommendations for the future. The plan's recommendations target the areas of land use and development in the waterfront planning area. The Application will address these areas as well as areas of concern such as environmental protection, housing, economic development, transportation, and community facilities.
9.2.4.5 Comprehensive Manhattan Waterfront Plan
Although the Project will be located in the Borough of Brooklyn, the Application will address the Project's compatibility with the goals in the Comprehensive Manhattan Waterfront Plan. TGE will primarily focus on the profile of Community Boards 3 and 6, as the Project will be visible from the Lower East Side and from areas to its north.
9.2.4.6 Greenway Plan for New York City
Regarding waterfront greenways, the Comprehensive Plan does not identify the northern reach of the East River at Brooklyn as a proposed corridor. However, the Greenway Plan for New York City does identify this as a potential corridor, albeit not one of the highest priority. TGE's preliminary analysis of potential waterfront access and greenway links is presented in Section 9.2.1 above, and will be further studied in the Application.
9.2.5 Waterfront Zoning
New York City's waterfront zoning (Article 6 of the New York City Zoning Resolution) was changed in 1993, in response to the Comprehensive Waterfront Plan. One of the changes was splitting waterfront lots into upland and "seaward" portions, and counting floor-to-area ratio (FAR) only on the basis of the upland portion of the lot (Section 62-31). For industrial facilities, bulk regulations were not otherwise changed (Section 62?326).
With respect to front, side, and rear yards, the waterfront zoning article provides that uses in Manufacturing Districts that are predominantly Use Group 18 (which includes electric generating facilities), need comply only with the applicable district regulation, without special waterfront yards (Section 62-34). Applicable district regulations for the Project appear to be that a 20-foot rear yard must be provided. Waterfront regulations for non-manufacturing uses cite a 40-foot-wide yard. If the Application concludes that waterfront access at the rear of the Project site is feasible due to environmental and operational constraints, at least a full 40 feet will be proposed.
The Zoning Resolution also contains design standards for waterfront access areas. The Application will include a full analysis of the degree of compliance with these standards (Section 62-60 et seq.), and will also contain a statement as to their applicability. These standards include accessibility for the disabled; provisions for a pedestrian circulation zone, transition zone, and buffer zone; and maintenance requirements.
9.3 Open Space and Recreation
There are several types of effects on open space that can be considered - loss of open space; noise; air pollution; and the addition of populations (including non-residential populations) that may cause an open space to be overtaxed. The Application will include an analysis of the potential impacts on the following recreational and open spaces for both construction and operation:
· Eastern District Terminal - the site of a proposed active recreational park; · Land along Bushwick Inlet - the site of proposed conservation area and/or Monitor museum; and · McCarren Park - located southeast of the Project site between the East River and the Brooklyn-Queens Expressway (BQE).
At present, there are no publicly accessible or recreational spaces located on the Project site. The site is located in an industrial area and is surrounded by industrial facilities, including trucking depots, warehouses, manufacturing facilities, and the East River.
9.3.1 Loss or Gain of Open Space
Regarding the first type of impact - loss of open space - there will be no loss of open space from the Project, temporary or permanent. Therefore, no study of such impacts is proposed. However, the Application will include a study of the feasibility of providing open space to the public (see Section 9.2.1 above).
9.3.2 Effects on Recreational Users
Regarding the effects of noise, air pollution, and odors, TGE proposes to study each such effect in its applicable sections. Then, it is proposed that a summary of such impacts be presented in the appropriate section of the Application. Summarizing these types of impacts specifically as they relate to a particular open space allows for a qualitative assessment of the impact on that specific resource and its recreational capacity.
9.3.3 Additional Populations
In order to assess the potential public open space impacts of the presence of temporary Project construction personnel, a reasonable walking radius of ¼ mile is proposed for study in the Application. Open spaces within that radius will be documented.
The initial assessment of open space will include all census tracts that are more than 50% within the radius specified previously. The population of each census tract will be used. Non-residential and residential populations will be counted separately. All publicly available open spaces in the area will be identified and surveyed. Based on existing information and the field survey, the total area of open space within the Project area will be calculated. The residential population and the non-residential population will be compared to the open space in the Project area. Then the existing and construction-period open space ratios will be calculated. Through this method of analysis, the decrease in open space ratio will be obtained.
The open space ratio is expected to decrease by less than 1 percent for the construction period. If this is not the case, mitigation will be proposed whereby on-site open space is provided during the construction period at an appropriate ratio, thus relieving the local open space resources. TGE is willing to commit to a mitigation plan that does not adversely impact local open space resources and will propose a qualitative open space assessment.
9.4 Land Use Study and Neighborhood Character
A one-mile radius is proposed to be used by TGE for the land use study. Neighborhood character, together with the goals expressed by the affected communities in various planning documents, will also be evaluated. TGE will address neighborhood character by describing how the major characteristics of Williamsburg and Greenpoint combine to form its overall character. The study will be based on field visits/photographs, existing literature, and on interviews with community leaders and/or randomly selected residents. The qualitative assessment of neighborhood impact will then be based on how the Project's impacts relate to Williamsburg and Greenpoint's neighborhood-forming synthesis of land use, urban design, visual resources, socioeconomic conditions, traffic, and noise. Furthermore, transportation corridors along local streets are proposed to be studied for the one-mile radius area.
The Greenpoint and Williamsburg neighborhoods will be analyzed through a field survey that captures all of the major land use types within the study area. Much of this information is already available through the Department of City Planning Land Use Maps (see Figure 9-2). Information is also provided in the GWAPP Preliminary Report. The field survey will supplement this information and update it as necessary. In addition, aerial photography will be used (see Figure 9-3). For each land use identified, uses permitted under the New York City Zoning Resolution will be identified. Furthermore, the survey will include a map of all publicly announced major developments within the study area, identified from research or interviews with the Department of Buildings, the Department of City Planning, Borough officials, and community leaders, as well as from TGE's public involvement process.
The land use study will then incorporate a qualitative assessment of the compatibility of the Project and all of its interconnections with existing land uses and with each publicly proposed change in land use to determine if there are significant adverse land use impacts and whether mitigation is necessary. Impact criteria are:
· Displacement of a land use whose loss adversely affects surrounding land uses; · Interference with the proper functioning of an existing land use; · Effect on land uses that is inconsistent with public policy; and · Adverse alteration of neighborhood character.
As part of the assessment, TGE will conduct interviews with providers of local community services such as fire, police, health care, education, waste removal and utilities to determine the potential impacts of the proposed Project on local community services. This assessment will also be used in the socioeconomic analysis (Section 12).
9.5 Land Use Planning and Zoning
9.5.1 New York City Zoning Resolution
The Application will include a full analysis of the Project's compliance with the New York City Zoning Resolution. Figure 9-4 presents the zoning map for the Project site and its vicinity. Local zoning (M3-1, heavy manufacturing district) provides for an industrial facility to be located at the proposed Project site. Proximity to residential districts (which begin on the east side of Franklin Street) is also addressed in the Zoning Resolution. The following is a preliminary synopsis of the Project's zoning applicability.
The Project would be classified under the Zoning Resolution in Use Group 18 - the most industrially intensive classification, which explicitly includes electric generating facilities. Use Group 18 facilities are permitted as-of-right in M3 districts (Article IV of the Zoning Resolution).
Waterfront projects are regulated under Article VI of the Zoning Resolution, as discussed in Section 9 above. However, Use Group 18 facilities inside manufacturing districts are exempt from the applicable section of the waterfront zoning provisions. TGE will endeavor to comply with waterfront criteria to maximum degree possible, and for the Application, TGE will study the feasibility of providing waterfront access.
Building size (bulk) is determined principally by the Floor/Area ratio (FAR). For an M3 district, the maximum FAR is 2. However, because the buildings will generally all be open span, and will only cover a portion of the site, the FAR will be approximately 1. Minimum setbacks will be observed as follows: a minimum rear yard of at least 20 feet will be provided. Front and side yards are not required and are not expected to be provided.
Building height is determined by parcel dimension and front yard setbacks. The ordinance is based on the principle of ensuring sunlight to streets, and, therefore, maximum height is permitted in lot interiors, with shorter limits on exteriors to protect the sky exposure plane. For a building in the M3 district, the maximum height is 60 feet at the street line and for an initial 20-foot depth. From a point 20 feet into the site's interior, allowable height rises toward the center of the site at a ratio of 2.7 to 1, such that a 300-foot-tall stack building could be sited within about 110 feet of the Kent Avenue front lot line. Chimneys, however, are exempt from height restriction under the Zoning Resolution, provided they are less than 10% of the street wall width.
Permanent off-street parking is limited to 150 spaces, other than by permit of the Board of Standards and Appeals. The Project will require only about 20-30% of that amount.
9.5.2 Greenpoint and Williamsburg 197-a Plans
Zoning in the neighborhood reflects the manufacturing uses that have historically predominated in the region as well as residential uses that have long coexisted with industry. Residential land use predominates in Greenpoint east of Franklin and Dobbin streets. The residential area is approximately 1,000 feet away from the Project site. A portion of this residential area is an historic district listed on the National Register of Historic Places. To the southeast of the Project site, also approximately 1,000 feet away, is the Northside, a mixed use district with residences and manufacturing uses which has been recognized as a special mixed use district under the zoning code.
The Greenpoint and Williamsburg 197-a plans place priorities upon increasing affordable low-rise housing stock, waterfront access for residents, and environmental quality. It is a goal of the Williamsburg plan to find a balance between industry and residential uses that reduces environmental risk and provides access to the waterfront. The Application will examine the Project's potential impacts on the goals and strategies in these plans.
The Greenpoint 197-a plan recommends six subareas of the neighborhood to be rezoned, but not including the Project site or any abutting parcel. The Williamsburg 197-a plan proposes redeveloping the Eastern District Terminal property as a waterfront park or rezoning this property from heavy manufacturing to mixed use to facilitate development of residential, light industrial and small-scale retail uses, setting aside a portion for open space and waterfront access. The proposal does not extend to the New York City Department of Sanitation facility between North 11th and 12th streets, or to the Project site.
9.6 On-Site Hazardous Materials Contamination
Currently, the Project site is utilized as a fuel oil storage and distribution terminal operated by Bayside Oil. The site has been utilized as an oil storage and distribution terminal for decades. Bayside also stores transportation diesel fuel, kerosene, and No. 2 fuel oil at the Project site. In addition, the site contains a truck loading area, a boiler house, a foam house, an administration building and a dispatcher office. Groundwater remediation is ongoing pursuant to a NYSDEC Consent Order that requires the removal of free product from groundwater and a subsequent assessment of acceptable risk to human health and the environment from petroleum contamination present in soils and groundwater. The Application will include an assessment of how ongoing activities at the site may affect the development of the Project and the possible use of the site considering the existing contamination.
9.7 Decommissioning and Restoration
The Siting Board regulations require that the Application describe security funds or insurance in place or to be obtained as well as the financial resources available to restore any disturbed areas(s), in the event that the Project cannot be completed, or after decommissioning of the facility. 16 NYCRR 1001.7(b). A decommissioning plan must be developed.
As part of the Article X Application, TGE will develop a decommissioning plan to address the expected operational life of the facility and the types of activities that are proposed to ensure responsible environmental and economic decommissioning of the Project. The plan will include a description of the financial resources available to restore any disturbed areas of the Project site in the event the Project is abandoned, cannot be completed, or is decommissioned.