101 L AFAYETTE S T , 9 TH F LOOR T HE C OUNCIL OF N EW YORK, NY 10013 T HE C ITY OF N EW Y ORK 212-587-3159 PHONE

250 B ROADWAY, S UITE 1762 MARGARET S. CHIN N EW YORK, NY 10007 212-788-7259 PHONE COUNCIL MEMBER, 1ST DISTRICT, CHIN@ COUNCIL. NYC.GOV

January 11, 2021

Joint Testimony from the Office of Council Member Margaret S. Chin and the Office of the Manhattan Gale A. Brewer

Comments on the Draft Scope of Work for 250 Water Street (CEQR No. 21DCP084M) ULURP Nos. Pending

We are writing to submit comments in response to the 250 Water Draft Scope of Work (DSOW) for an Environmental Impact Statement (EIS) released by the Department of City Planning (DCP) on November 16, 2020.

The Applicant, 250 Seaport District, LLC, is proposing the following actions: (i) a special permit for bulk modifications on the development site, a development rights distribution from an area generally corresponding to the Pier 17 Large-Scale General Development to the development site, and potential streetscape, site plan and district improvements in the affected area; (ii) possible zoning text amendments to the special permit and special purposed district text; and (iii) an authorization for a curb cut on Pearl Street, to enable a mixed-use development at the development site with affordable units under Mandatory Inclusionary Housing parameters.

The Project Area includes the development site at 250 Water Street (Block 98, Lot 1), the site occupying the southern portion of the block located between John Street (currently occupied by the South Street Seaport Museum), South Street, and Fulton Street (a portion of Block 74, Lot 1), and several additional areas that may include streetscape, open space or other improvements pursuant to the special permit.

250 Water Street The proposed project at 250 Water Street under the “with action condition” would consist of a building of approximately 912,762 gross square feet, including 640,186 gross square feet of residential use, 257,886 gross square feet of office use, 9,690 gross square feet of retail use, 5,000 gross square feet of community facility uses, and 128 parking spaces. The DSOW averages a unit size of 1,000 gross square feet of residential space per dwelling unit. The proposed project at 250 Water Street assumes 640 total dwelling units, of which approximately 25 percent of 640 dwelling units will be affordable housing under Mandatory Inclusionary Housing. The building will consist of a seven-story, full-block base with mixed-

Page 1 uses. Both north and south towers will rise from the base to 37 and 38 stories, respectively, with each tower reaching a total height of approximately 470 feet.

South Street Seaport Museum Expansion The proposed project at the corner of John Street and South Street under the “with action condition” includes the restoration and expansion of the existing South Street Seaport Museum space. The museum expansion would include a new building of approximately 32,383 gross square feet. The new building would be seven-stories and approximately 62 feet tall and would contain additional exhibits and back offices for the Museum.

Background The ever-evolving South Street Seaport Historic District, nestled in the East River waterfront of lower Manhattan, is a site of historic significance and has played an important role in the history of City. From its beginnings in the mid-to-late 17th century, the Historic District was a leading port and commercial center. By the mid-19th century, the Historic District became home to a number of architecturally significant buildings, exemplified by several different styles of mercantile architecture including Georgian, Federal and Greek Revival designs.

Efforts to preserve the culture, history and structures of the South Street Seaport neighborhood resulted in the creation of the South Street Seaport Museum in 1967. Its establishment is credited with not only being the anchor in the creation of the South Street Seaport Historic District, but also responsible for the restoration of many of the historic buildings of the area. Through the Museum’s efforts, the area was officially landmark designated in 1977. Some of these buildings are occupied by the Museum today and are once again in need of restoration work.

In addition to the Museum’s efforts to preserve the South Street Seaport area, the City has taken several significant steps to preserve the history and architectural significance of the neighborhood’s buildings. In 1977 the Historic District was designated and in 1989 it was expanded. Those actions have allowed for a careful balance between the preservation of the District’s historic character and new development. Low- density, historically significant buildings and pedestrian areas remain closer to the waterfront and taller buildings have been constructed further inland.

The Seaport Working Group and the Seaport Advisory Group In 2014, Manhattan Borough President Gale Brewer and Council Member Margaret Chin formed the Seaport Working Group and initiated a pre-planning process for the South Street Seaport Historic District. The group was re-established in 2018 as the Seaport Advisory Group, which includes elected officials and members of City agencies, Community Board 1, Save Our Seaport, and other key stakeholders. The Seaport Advisory Group met in several roundtable discussions to address issues in the District including historic preservation, economic development, and environmental resiliency.

Overall, our comments focus on the need to thoroughly consider the potential impact of this proposed development on the South Street Seaport Historic District, the surrounding neighborhood, and its residents. We must also ensure that appropriate mitigation measures are in place.

Several issues are of particular concern in the Final Scope of Work (FSOW) in accounting for all relevant data, including pre- and post-COVID-19 data as applicable, the most recent data regarding the presence of hazardous materials at the site, and impacts to the infrastructure and resiliency measures within the surrounding neighborhood that may be triggered by this proposal. Our comments below reflect the order of tasks listed under “G. Scope of Work for the EIS” (DSOW, Page 7).

Task 1: Land Use, Zoning and Public Policy

Page 2 The proposed development would result in a change in land use within the project area. The DSOW proposes a detailed assessment of several factors, including land use patterns and development trends, and a list of projects; and pending zoning actions or other public policy actions that could affect such patterns and trends.

For the proposed detailed assessment, the FSOW should consider all available data, including pre- and post-COVID-19 patterns and trends. Likewise, when considering a comprehensive list of projects or actions within the study area, the FSOW should be inclusive of any projects or actions that may be temporarily stalled as a result of COVID-19.

City Waterfront and Resiliency Studies The FSOW should also take into account public policy concerns related to resiliency for the site and surrounding sites as the site may have the potential to redirect water to surrounding properties causing deterioration. The environmental land use study will extend approximately a quarter mile from the borders of the project area.

The Applicant must list projects that are also being studied, in addition to those expected to be built or will concurrently be constructed within the study area. This includes a number of resiliency studies put forth by the City and the Economic Development Corporation (EDC) including the Lower Manhattan Coastal Resilience study released on March 14, 2019, and its Financial District and Seaport Climate Resilience Master Plan.

The DSOW notes that the project area is located within the City’s Coastal Zone and therefore will be assessed through the New York City Waterfront Revitalization Program’s (WRP) Consistency Review. The WRP was first adopted in 1982 and revised in 2013 to advance long-term goals for the City’s waterfront detailed in the City’s 2011 report titled Vision 2020: the New York City Comprehensive Waterfront Plan, a strategic 10-year plan for the waterfront.

The City Planning Commission, acting as the City Coastal Commission, and the New York City Department of City Planning (DCP) are responsible for administering the WRP. The proposed project will be assessed through a Consistency Assessment Form and whether it will promote or hinder the ten WRP policies. The completed WRP assessment and all related explanations for each of the ten policies must be provided to Manhattan Community Board 1 and all related agencies as part of the Land Use, Zoning and Public Policy section within the Environmental Impact Statement.

The Applicant must also include information about how the concurrent Uniform Land Use Review Procedure (ULURP) application and the Environmental Impact Statement for Zoning for Coastal Flood Resiliency (ZCFR) (ULURP No. N210095ZRY, CEQR No. 19DCP192Y) will impact this proposed project along the waterfront and the larger South Street Seaport Historic District neighborhood.

Task 2: Socioeconomic Conditions The DSOW socioeconomic study includes population, housing, and economic activity, with an emphasis on indirect residential displacement, indirect business displacement, and adverse effects on specific industries. The DSOW further clarifies that, “the proposed actions would not result in the direct displacement of any residents or businesses” (DSOW, Page 9).

As part of the socioeconomic study, we ask that the Applicant include information on the number of new families anticipated in the neighborhood and the increase in school seats at the elementary, middle, and high school levels. We also ask that the Applicant include information on existing community centers, schools, and retail stores in the neighborhood. Should the proposed actions lead to their displacement, the Applicant must communicate relocation opportunities to those institutions and businesses.

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Task 3: Open Space We acknowledge that the development of the 250 Water Street site at the periphery of the Historic District will conform to the Master Plan that envisioned low-density historic buildings and open spaces closer to the waterfront.

Green spaces and trees provide an incredibly important ecological value to New Yorkers and help to keep the city cool during increasingly hot summers. Under Section 23-03 (Street Tree Planting in Residence Districts) and Section 24-05 (Street Tree Planting) of the Zoning Resolution, the Applicant must including tree planting in the project development. We request that the Applicant provide bioswales and rain gardens at the street level to mitigate stormwater runoff.

Task 4: Shadows The proposed project at 250 Water Street would result in a structure greater than 50 feet in height that will cast shadows in sunlight sensitive resources in the neighborhood. We ask that the FSOW consider the impact of these shadows on open space, parks, individual landmarks, and the historic district as a whole, as its aesthetic elements could very well be compromised.

The FSOW should consider shadow impacts on local institutions. In particular, the proposed project at 250 Water Street on the adjacent Peck Slip School, the Southbridge Towers complex, as well as open spaces such as the Pearl Street Playground, Peck Slip play-roof, DeLury Square, and the Titanic Memorial Park. The FSOW should also consider the impact of shadows on Peck Slip between Water and Pearl Streets, which the Peck Slip School currently uses as a play street and which may become a permanent public space in the future.

Tasks 5, 6, and 15: Historic and Cultural Resources, Urban Design/Visual Resources, Neighborhood Character As the proposed project is located in the South Street Seaport Historic District, it requires a Certificate of Appropriateness from the Landmarks Preservation Commission (LPC) as well as subsequent regulatory oversight. While the LPC review will certainly help to ensure that the character of the project will be harmonious with the district’s existing buildings, we request that the FSOW incorporate a study of the projects’ impact to cobblestone streets adjacent to the sites and provide a record of any distressed historical buildings in the neighborhood.

The FSOW should also consider the potential for the projects to further damage already distressed historical buildings within the Historic District such as the battered buildings on Schermerhorn Row which the Museum currently occupies and hopes to restore as part of this proposal. The FSOW should also include information of any archaeological remains and historical artifacts found in the area that are relevant to the history of Lower Manhattan.

Tasks 7 – 9: Natural Resources, Hazardous Materials, and Water and Sewer Infrastructure There are significant and unaddressed environmental concerns related to the 250 Water Street site and its former use as a thermometer factory that processed large amounts of liquid mercury during the early 19th century. For this purpose, the 250 Water Street site is currently going through the New York State Department of Environmental Conservation Brownfield Cleanup Program (BCP #C231127).

Langan Engineering and Environmental Services is conducting the Brownfield Cleanup Program investigation with oversight from the Department of Environmental Conservation and the New York State Department of Health. As listed in the DSOW, the site received an (E) designation after hazardous materials, including mercury and petroleum, were found on the site. Such a designation requires that all

Page 4 subsurface disturbance, testing, and remediation be conducted in conformance with NYC Office of Environmental Remediation requirements prior to an issuance of a permit for construction.

“An (E) designation provides notice of the presence of an environmental requirement pertaining to potential hazardous materials contamination, high ambient noise levels or air emission concerns on a particular tax lot. (E) designations, governed by Section 11-15 (Environmental Requirements) of the Zoning Resolution, are established in connection with a change in zoning or an action pursuant to a provision of the Zoning Resolution that would allow additional development to occur on property, or would permit uses not currently allowed. An (E) designation is not a notice of a building violation.” (New York City Department of City Planning)

We ask that all findings and remediation plans that are part of the Brownfield Cleanup Program, such as the Community Air Monitoring Plan and the Health and Safety Plan, be communicated to Manhattan Community Board 1 and all surrounding property owners near and around the sites. We emphasize the importance of communicating to the residents of Southbridge Towers as well as the Peck Slip School and the Blue School, which are located directly across from 250 Water Street and are utilized by hundreds of children and school staff. Because of the proximity of 250 Water Street to many residents, students, and visitors, the FSOW must consider all available data regarding hazardous materials at the site, including all findings from testing performed during summer 2020. Likewise, we are concerned about how the proposed remediation will impact the health of neighboring residents, students, and visitors to the area.

As the parking lot for 250 Water Street is located in a flood zone, we ask that the FSOW detail all expected water and sewer infrastructure construction and that the Applicant comply with federal, state and city regulations such as the Clean Water Act and Combined Sewer Overflow regulations. We also ask that the FSOW include information about any temporary flood protection measures that are to be installed during construction to mitigate storm impacts at the 250 Water Street site.

Tasks 10 - 12: Transportation, Air Quality, Greenhouse Gas Emissions, and Climate Change We ask that the FSOW carefully scrutinize any environmental data and take into consideration that the presented data may not be representative of the pre-COVID-19 conditions of the neighborhood. Collected data on vehicular traffic, pedestrian foot traffic, subway use, air quality, greenhouse gas emissions, and climate change must be re-evaluated with this discrepancy in mind.

Project-generated vehicle and transit trips regarding the proposed residential and commercial uses at the 250 Water Street site should be included in the FSOW using any available data regarding pre- and post- COVID-19 travel patterns. Regarding construction-related transportation impacts, the FSOW should include, to the extent available, a list of potential staging locations and sidewalk closures within or outside the Historic District.

When assessing travel patterns, the FSOW should also consider the impact of the potential future closure of Peck Slip between Pearl Street and South Street as a potential permanent public space, and the impact of such a closure on access ramps for nearby FDR Drive and the Bridge.

Procedures for air quality monitoring and green house gas emission evaluations must be appropriately conveyed to all the partners listed in the DSOW including the Metropolitan Transportation Authority- New York City Transit, the Mayor’s Office of Sustainability, the New York City Department of Transportation, the Department of City Planning, the Department of Environmental Conservation, and the Department of Environmental Protection.

Task 13, 14, 16 - 18: Noise, Public Health, Construction, Mitigation, and Alternatives It is imperative that construction impacts be reviewed in tandem with public health impacts. These

Page 5 considerations should include any and all unmitigated significant adverse impacts from conditions related to air quality, hazardous materials, noise, and as well as transportation systems and construction staging impacts on vehicular and pedestrian traffic. Both project sites must be analyzed for construction impacts on the area and additionally any impacts to public health, within the 5-year analysis period as stated by the DSOW, ending in 2026. There must be a conservative analysis of any lots that straddle the Project Area.

The FSOW should analyze increased noise, dust, air pollution due to the construction activities, including impacts on the health of the children in the two neighboring schools. The analysis of construction impacts must also include assessment, monitoring, and mitigations of damage to historic landmarked buildings in the Seaport area. Furthermore, the study should also include impacts to subgrade water, storm, and sewage channels, unstable ground, and existing building foundations.

Conclusion We support this unique proposal to complete the South Street Seaport Historic District with the addition of two new buildings on the last two vacant sites in the area. We also understand that this application presents an opportunity for the South Street Seaport Museum to restore and preserve its historic buildings on Schermerhorn Row and also expand its facility.

We request that the DCP carefully scrutinize all collected data to ensure that they are representative of pre- and post-COVID-19 conditions as appropriate. The Applicant should also work with the appropriate agencies to ensure that any public hearings for the Brownfield Cleanup Program, scoping for environmental documents, and the eventual Uniform Land Use Review Procedure (ULURP) are held to the highest standards of community engagement. Furthermore, we ask that the DCP work closely with the LPC to identify, conserve, and protect the irreplaceable landmarked buildings in the South Street Seaport Historic District.

This is an important opportunity to provide much needed affordable housing in Lower Manhattan and preserve the legacy of the important and beloved South Street Seaport Museum and the greater South Street Seaport Historic District for generations to come.

We look forward to continue working with the DCP on this important project.

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