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MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation

CHAPTER 10: AND RELOCATION 10.1 INTRODUCTION

As described in Chapter 3: Alternatives, the Fulton Street Transit Center (FSTC) has been designed to avoid and minimize the need for temporary disruptions to the use of private property and permanent acquisitions of private property. However, construction of the FSTC would require the acquisition of several properties consisting of full fee acquisitions, partial fee acquisitions and temporary and permanent displacements and easements. In the event that permanent displacement is necessary, compensation and/or relocation assistance would be provided to residents and businesses by the Metropolitan Transportation Authority (MTA) New York City Transit (NYCT), in accordance with applicable legal procedures. These issues are discussed in later sections of this chapter.

10.1.1 CONTEXT AND KEY ISSUES

The events of September 11 destroyed critical portions of the Lower Manhattan transportation system, compounding existing deficiencies and jeopardizing the ’s sustainability as a Central Business District (CBD), emerging residential area and key tourist destination. Rebuilding the Lower Manhattan transportation network — restoring service, eliminating deficiencies and anticipating future needs — is a critical basis for its successful revitalization. The concentration of subway lines at the centrally located Fulton Street – Broadway Nassau Station Complex (Existing Complex) makes it to this revitalization process. In order for the proposed FSTC to address existing and anticipated operational deficiencies through the construction of new facilities, a series of property acquisitions and building occupant relocations will be required. A full detailed list of approximately 100 current occupants of these properties is included in Appendix G. These would consist of full fee acquisitions, partial fee acquisitions, permanent and temporary occupant relocations and temporary and permanent easement requirements.

This chapter presents the following information specific to each project alternative:

• The reasons for and extent of displacements and property acquisitions that would be required for the FSTC; • The potential impacts of such acquisitions on businesses and residents (owners and tenants) of those buildings directly affected (with reference to Chapter 7: Social and Economic Conditions); • The protection afforded under Federal and State law to affected property owners and tenants; and, • A discussion of compensation and relocation assistance. 10.1.2 CONCLUSIONS

NO ALTERNATIVE

This alternative assumes that the Existing Complex would remain as is, except for routine maintenance measures and repair activities that would not be subject to environmental review. As a result, no easements or properties would be acquired and no occupants or owners would be displaced.

ALTERNATIVE 9 AND ALTERNATIVE 10 - THE PREFERRED ALTERNATIVE

Permanent and Temporary Acquisitions

Under Alternative 9, five (5) buildings would be permanently acquired on Broadway (189, 194-196, 198, 200-202 and 204-210 Broadway) and the occupants displaced and compensated to permit the construction of the Entry Facility and the Dey Street Access Building. Depending on the findings of geotechnical and structural investigations that would be carried out during Final Design of the FSTC, Alternative 9 may require stabilization of the National Register-listed Corbin Building. This will be determined based on October 2004 10.0 Displacement and Relocation 10-1 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation whether or not it is determined that there is a risk of excessive movement of the Corbin Building during the construction of the Entry Facility (see Chapter 4: Construction Methods and Activities, Section 4.3 for details). Based on information available to date, NYCT would proceed with stabilization (underpinning or compensation grouting) of the Corbin Building in Alternative 9, to avoid risks related to public safety and damage to the historic resource associated with unknown construction conditions. This would be carried out from within the basement of the Corbin Building and may require the temporary displacement of all or some of the basement tenants in the Corbin Building.

Under the Preferred Alternative, the Corbin Building (192 Broadway), in addition to the five (5) properties noted above, would be acquired and all occupants would be displaced and relocated or compensated as per State and Federal regulations.

Easements

Under both Build alternatives, a series of easements would be required, or existing easements may need to be modified, in order to facilitate construction of various projects elements. These easement requirements are the same for both Build alternatives with certain exceptions. One exception is that under Alternative 9, an existing easement at 192 Broadway may be maintained. Another exception is that an easement under the Preferred Alternative may be required at 15 John Street for underpinning the Corbin Building; this may not be required under Alternative 9. See Figure 10-1 for summary of properties requiring easement values, and property acquisitions.

Compensation and Relocation Assistance

Under the No Action Alternative, no compensation or relocation assistance would be necessary. For both Build alternatives, all property acquisition would be undertaken within the framework of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act and would also conform to the New York State Eminent Domain Procedure Law (see Section 10.5).

Most relocating businesses are likely to be successful in finding suitable alternative near their current locations because the inventory of vacant office, retail, warehouse, and other commercial space in Lower Manhattan is anticipated to be large enough to accommodate the needs of most displaced businesses.

Table 10-1 provides a summary of the potential impacts associated with each alternative. A full detailed list of approximately 100 current occupants of these properties is included in Appendix G.

10.2 NO ACTION ALTERNATIVE

Under this Alternative, the FSTC would not be built, no displacements would occur and no properties would be acquired. This alternative assumes that the Existing Complex would remain as is, in its existing configuration and operational state, except for routine maintenance measures and repair activities that would not be subject to environmental review. Under this Alternative, no building occupants would be permanently or temporarily displaced.

10.3 ALTERNATIVE 9 10.3.1 PERMANENT PROPERTY ACQUISITIONS

Construction of the street-level and subsurface elements of the FSTC would require the acquisition and deconstruction of several properties. A total of five (5) properties would need to be acquired for this alternative. The NYCT would acquire four (4) properties on the east side of Broadway between Fulton and John Streets under this alternative (see Figure 10-1):

October 2004 10.0 Displacement and Relocation 10-2 T

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ETTE

BAXTER ST

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A WOR W MUL ARREN ST TH ST LAF

B READE ST ERR

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ST PEARL ST GREENWICH ST Y CHAMBERS ST ST ST

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Permanent Property Y ST Acquisition

Properties That Require New Easements or VESEY Easement Modifications BROOKL ST PARK ROW Properties Affected by Vault Modifications SPRUCE ST MADISON ST Y Properties Affected by FUL N B T Vault and/or Easement ON ST RID Modifications CHURCH ST BEEKMAN ST 20 222 GE Note: A temporary easement may extend out to WTC site during construction of RW-E Connector. The extent location of the DEY Y easement would be confirmed as project ST A design advances. 195 202 ST 19 144 142 5- 143 7 200 LIBER 198 140 FRANKFOR 138141 139 9 194- BROADW PEARL 18 6 ANN S TY 14-22 192 ST COR 94 T TLAN 182 87 0 9 T One L DT 2 S ST T ibe S 15 ST T 74 rty Pl 1 AU aza S 10 1 GOLD 0 AS 5 N 10 1 LI 4 B ER 166-170 ALBANY TY Temporary Easement 135 8 3 0 ST 1 4 -1 JO ST ST CEDAR S HN ST T 10 WEST 1

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To be Acquired under Alternative 10. E PL M ST Alternative 9 may require permanent N D ST L use of vaults in the Corbin Building. LA GO PECK SLIP RECT WILLIA OR ST TRINITY CLIFF ST,.

Fulton Street Transit Center BEEK Property Acquisitions Easements and Vaults MAN S

Y A Figure 10-1 T

W ALL BROADW FU NEW ST ST PINE L T ST TER ST ON ST H S ST A T L W R SOUT T ST E N D R D R XCHANG PEA F FRO E PL 200 100 0 200 Feet MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation

Table 10-1 Summary of Comparison of Alternatives: Displacement and Relocation

Planned Action 2005/2006 2008 2025 (for 2005/2006 Impact) No easements or properties acquired. No Action N/A N/A N/A No owners or occupants displaced. Easements: Property acquisition under the Various permanent and temporary framework of the Federal Uniform easements would be required and will Relocation Assistance and Real No further real estate Same as be confirmed as engineering advances Property Acquisition Policies Act and actions. 2008 Easement at 192 Broadway the New York State Eminent Domain maintained. Procedure Law. Acquisitions: Five (5) buildings would be acquired and removed on Broadway The Entry Facility would Same as “ - 189, 194-196, 198, 200-202 and 204- house new occupants. 2008 210. Corbin Building not acquired. 195 Broadway: Same as “ As 2005/2006 Easement needed due to basement 2008 level reconstruction. Alternative Permanent Relocations: Occupants of Compensation and relocation 9 Same as 189, 194-196, 198, 200-202 and 204- assistance would be provided for all As 2005/2006 2008 210 Broadway. occupants displaced. Easements Sought (Potential Permanent Displacements): Property acquisition under the • Royal Barber Shop – 95 Fulton framework of the Federal Uniform Relocation Assistance and Real Same as Street; As 2005/2006 • Seaport Café – 150 William Street; Property Acquisition Policies Act and 2008 the New York State Eminent Domain • GNC – 135 William Street. Procedure Law. • Sprint – 166-170 Broadway Potential Temporary Displacement The NYCT would to reduce the • Basement tenants 192 Broadway. duration of access limitations. Temporary access Same as Compensation and relocation restrictions ended. 2008 assistance would be provided for all occupants displaced. Property acquisition under the Easements: framework of the Federal Uniform As Alternative 9. except: Relocation Assistance and Real Same as As 2005/2006 15 John Street. easement may be Property Acquisition Policies Act and 2008 required for underpinning. New York State Eminent Domain Procedure Law. Acquisitions: Alternative Five (5) buildings would be acquired 10 - the The Entry Facility would Same as and removed on Broadway - 189, 194- “ Preferred 196, 198, 200-202 and 204-210 in house new occupants. 2008 Alternative addition, 192 Broadway will be acquired but not removed. 195 Broadway: Same as “ As 2005/2006 As Alternative 9. 2008 Permanent Relocations Occupants of Compensation and relocation Same as Corbin Building, 189, 192,194-196, assistance would be provided for all As 2005/2006 2008 198, 200-202 and 204-210 Broadway. occupants displaced.

Easements Sought (Potential Permanent Displacements): Property acquisition under the • Royal Barber Shop – 95 Fulton framework of the Federal Uniform Relocation Assistance and Real Same as Street; As 2005/2006 • Seaport Café – 150 William Street; Property Acquisition Policies Act and 2008 the New York State Eminent Domain • GNC – 135 William Street. Procedure Law. • Sprint – 166-170 Broadway

Source: The Louis Berger Group, Inc., 2004.

October 2004 10.0 Displacement and Relocation 10-4 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation • 194-196 Broadway (Block 79, Lot 16); • 198 Broadway (Block 79, Lot 18); • 200-202 Broadway (Block 79, Lot 19); and, • 204-210 Broadway (Block 79, Lot 21).

In addition, the NYCT would acquire one (1) property on the south side of Dey Street at the intersection with Broadway in order to construct the Dey Street Access Plaza:

• 189 Broadway (Block 63, Lot 13).

The occupants of the buildings would be permanently relocated following the acquisition.

Business Displacements Not Related to Acquisition - In addition to business displacements associated with properties that have been permanently acquired, there are potential displacements of individual retail businesses related to the construction of peripheral elements of this project such as Americans with Disabilities Act (ADA) elevators and new entrances on William, Fulton, John and Cortlandt Streets. Easements would be sought in these locations. The extent of potential business displacements is as follows:

• Royal Barber Shop (95 Fulton Street) – This business in the basement retail arcade situated beneath the entrance to 150 William Street may be affected by the construction of a new entrance stairwell on William Street;

• Seaport Café (150 William Street) – in order to construct the new entrance stairwell described above, an easement would be sought that extends into a corner of the retail floor area of this business. The Seaport Café is located immediately above the Royal Barber Shop and has street frontage on Fulton Street.

• GNC (135 William Street) – a permanent easement is required that extends into this property. Use of this easement may entail the permanent displacement of this business tenant.

• Sprint (166-170 Broadway) – a permanent easement may be required that extends into this property. Use of this easement may entail the permanent displacement of this business tenant.

Disruptions during the construction-phase and the limited viability of the remaining retail space may entail the closure and displacement of these establishments. The scope of final property acquisition requirements would be refined pending further details to be developed during the continuing engineering of the FSTC.

Properties proposed to be permanently acquired, those affected by permanent easement requirements and those affected by vault modifications are shown in Figure 10-1.

The five (5) properties to be acquired are utilized by a range of retail, commercial and institutional owner- occupants and tenants. The land use of 85 current tenants and owners is summarized in Table 10-2. A full detailed list of 85 current tenants, owners and uses of these properties is given in Appendix G (total number of tenants is approximate). The buildings range in height from one (1) to twelve stories. All of the properties proposed for acquisition on the east side of Broadway were constructed prior to 1943 and support street level retail, including a number of small restaurants, shoe repair stores, tailors, bakeries and boutiques. Some of the buildings also accommodate small offices in their upper floors. It is proposed that the occupants of these buildings would be permanently relocated following the acquisition of these five (5) properties (see Chapter 3: Alternatives and Chapter 4: Construction Methods and Activities for full details). Approximately 71,000 square feet (sf) of retail space would be displaced under this alternative (see Appendix G for a summary of retail floor area for each building). Following displacement and compensation of occupants, the buildings at 189, 194-196, 198, 200-202 and 204-210 Broadway would be fully deconstructed in preparation for the construction of the Entry Facility and Dey Street Access

October 2004 10.0 Displacement and Relocation 10-5 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation Plaza. A detailed description of the deconstruction process is presented in Chapter 4: Construction Methods and Activities.

Table 10-2 Summary Land Use of Property Acquisitions

Vacant/ Medical/Law Building Retail Commercial Institutional Indeterminate* Total Offices Use 189 9 0 0 0 0 9 Broadway 194-196 4 0 0 0 0 4 Broadway 198 2 30 2 4 8 46 Broadway 200-202 2 0 0 0 0 2 Broadway 204-210 21 0 1 0 2 24 Broadway Total 38 30 3 4 10 85 *Indeterminate use - Parts of the property were vacant or use could not be established from available sources. Source: The Louis Berger Group, Inc., 2004.

As discussed in Section 7C.3 of Chapter 7: Social and Economic Conditions, it is not expected that the affected businesses would experience substantial adverse impacts from displacement. Appropriate compensation and relocation assistance would be provided to affected businesses (see Section 10.5). Vacancy rates for commercial and retail space in Lower Manhattan and New York City as a whole are currently at high levels, providing the opportunity for affected establishments to relocate to appropriate space within the City. In a report issued by www.Tenantwise.com in September 2003, the office space vacancy south of Chambers Street was estimated at 15.6 percent. Similarly, retail vacancy in Lower Manhattan has been estimated at 12 percent for the area south of Chambers Street.

Displacements are not expected to adversely impact the character of the local neighborhood given the potential for local relocation. The establishments that would be displaced by the FSTC offer goods and services that are similar to those offered by other establishments in the neighborhood. Retail and commercial establishments to be relocated constitute a small part of this larger business district operating on Broadway, Fulton Street, John Street, Nassau Street and other surrounding streets.

The following properties would be permanently acquired for the construction of the FSTC.

189 Broadway: This two (2) -story building was constructed in 1940 and includes 45 feet of street frontage. The street-level space is occupied by a variety of retail establishments, including a restaurant, photography store, bakery and clothing store. A restaurant is located in the basement level. The floor houses The World of Golf, a golf equipment retailer.

194-196 Broadway: This three (3)-story building was built in 1911. The building has 47 feet of frontage on Broadway. A national chain restaurant (TGI Fridays) occupies the second and third floors of this building and the ground floor is occupied by OMG (Clothing Retailer) and by fast food chain restaurants Pizza Hut, KFC and Dunkin Donuts. Additional eateries are located in the basement level, which is accessed from the Broadway sidewalk.

198 Broadway: This 12-story “Girard Building” was built in approximately 1902. The 23 feet of street- level frontage houses the Grace Deli, a restaurant/delicatessen. Similar to the Corbin Building, the upper floors contain a range of small commercial and institutional offices. In addition, the Girard Building houses several government organizations and employment agencies.

October 2004 10.0 Displacement and Relocation 10-6 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation 200-202 Broadway: This one (1)-story building was constructed in 1920 and has a street frontage of 48 feet. Henry Modell and Co., a retail store, and Portabella 125, Inc. occupies street and sub-levels.

204-210 Broadway: This building was constructed in 1942 and is two (2) stories in height. The building is located on the southeast corner of the Broadway and Fulton Street intersection, thus sharing the address of 150 Fulton Street. The 60 feet of street-level retail on Broadway includes restaurants, a florist and clothing stores. The Fulton Street frontage houses Mrs. Field’s Cookies and additional small restaurants and shops. The second floor of the building houses a non-profit organization, hair salon, bedding retailer, tailor and dentist’s office. The basement of this building contains small retail stores.

10.3.2 TEMPORARY DISPLACEMENTS

Under Alternative 9, depending on the findings of geotechnical and structural investigations that would be carried out during Final Design, Alternative 9 would most likely require underpinning (or similar) of the Corbin Building. This will be determined based on whether or not there is a risk of excessive movement of the Corbin Building during the construction of the Entry Facility (see Chapter 4: Construction Methods and Activities, Section 4.3.3 for details). Based on information available to date, NYCT would proceed with stabilization of the Corbin Building in Alternative 9, to avoid risks related to public safety and damage to the historic resources associated with unknown construction conditions.

Stabilization of the Corbin Building may require the temporary displacement of basement tenants in the Corbin Building. Businesses would also be subject to potential impacts from restricted pedestrian and vehicular access during construction and these impacts are discussed in detail in Chapter 7: Social and Economic Conditions. The NYCT would work closely with affected businesses and individuals to minimize the scale and duration of disruptions. All temporary displacements would be undertaken within the framework of the Uniform Relocation Act (see Section 10.5).

10.3.3 DESCRIPTION OF EASEMENT, BASEMENT, AND VAULT REQUIREMENTS

Under Alternative 9, a number of new permanent easements and modifications to existing easements would be required which could impact existing use of and access to vaults and basements. Information on the existing use of and access to potentially affected vaults and basements is currently being developed with the Preliminary Engineering. It is anticipated that this information would be provided within the Final Environmental Impact Statement (FEIS). With the exception of properties listed in Section 10.2.1, it is assumed that the following requirements will not entail temporary or permanent displacements of business tenants from affected properties.

The construction of the Dey Street Passageway, the widening of the AC mezzanine and the construction of other smaller project elements, would require access and/or removal of, vaults beneath sidewalks on Broadway, Nassau, Cortlandt, William, John, Dey and Fulton Streets (see Figure 10-1).

Vaults are the sub-grade beneath sidewalks that extend beyond the building line of private properties. While sidewalk vaults are the property of the City, some of these spaces are used by private tenants for storage, basement access and other purposes.

Potential effects on properties as a result of easement, basement or vault use and/or acquisition are described below.

5-7 Dey Street: A vault space connected to this property beyond the building line directly conflicts with the proposed Dey Street passageway and would have to be removed. The vault currently contains utility service connections for the building. The basement also includes the kitchen for the Circa-NY restaurant, which is located on the first floor of the building and which may also be affected. Further information on

October 2004 10.0 Displacement and Relocation 10-7 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation the potential impacts of the removal of this vault is being developed as part of the Engineering for the FSTC.

20 Dey Street:- Millenium Hotel Basement: It is expected that basement modifications would not be required to the Millenium Hotel at 20 Dey Street in order to house new stairs/escalators that would link the Dey Street Passageway with the RW line platforms and street. The hotel was originally built with a NYCT easement passing through the building’s plaza and cellar space, and it is considered that this alternative can be accommodated within the extent of this easement.. This space is currently used for hotel building services.

166-170 Broadway: A new easement may be required within this property to house the new stairs and entrance to 45 Station platform. Some underpinning of the building may also be required, and the vaults are expected to be impacted.

2 Cortlandt Street/173 Broadway: A two level vault at this property would be affected by the construction of the new street access to the southbound 45 platform. Some underpinning of the building may also be required.

174 Broadway: Part of the upper basement of this property may be affected by the construction of the new street access to the northbound 45 platform. Some underpinning of the building may also be required. This property has an existing NYCT easement, which may not be sufficient for the needs of the project. Requirements for additional easements will be identified as engineering advances.

182 Broadway: This property has an existing NYCT easement, which may not be sufficient for the needs of the project. A temporary easement may be required.

195 Broadway: The proposed entrance to the southbound 45 line platform from the underpass beneath the tracks from the FSTC Central Station Concourse east of Broadway would require an easement in the basement of 195 Broadway. This property would also require underpinning to support the existing structure and accommodate the proposed new construction.

222 Broadway: This property has an existing NYCT easement, which may not be sufficient for the needs of the project. Requirements for additional easements will be identified as engineering advances. It is anticipated that the vault will also be impacted.

102-104 Fulton Street: The widening of the southwest stairs at the corner of Fulton and William Streets may impact the house connections and vault at this location and will require a temporary construction easement.

129 Fulton Street: This property has an existing NYCT easement for the location of a JMZ line access ADA elevator within the building property line, which may not be sufficient for the needs of the project. An additional easement is expected to be required within the building to construct the ADA elevator..

138 Fulton Street: The proposed widening of the AC mezzanine could require the removal of portions of the vault adjacent to this building, depending on the depth and use of the vault and the type of foundations which support the building. This could also require potential relocation of utility services located in the vault. Further information with respect to the structure of this property and its basement is currently being developed within the engineering of the FSTC.

139 Fulton Street: The proposed widening of the AC mezzanine could require the removal of portions of the vault adjacent to this building, depending on the depth and use of the vault and the type of foundations which support the building. This could also require potential relocation of utility services located in the vault. Further information with respect to the structure of this property and its vault is currently being developed within the engineering of the FSTC. October 2004 10.0 Displacement and Relocation 10-8 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation 140 Fulton Street: The proposed widening of the AC mezzanine would require the removal of portions of the vault adjacent to this building. This would also require potential relocation of utility services located in the vault. Further information with respect to the structure of this property and its vault is currently being developed within the engineering of the FSTC.

141 Fulton Street: The proposed widening of the AC mezzanine would require the removal of portions of the vault adjacent to this building. This would also require potential relocation of utility services located in the vault. Further information with respect to the structure of this property and its vault is currently being developed within the engineering of the FSTC.

142 Fulton Street: The proposed widening of the AC mezzanine would require the removal of portions of the vault adjacent to this building. This would also require potential relocation of utility services located in the vault. Further information with respect to the structure of this property and its vault is currently being developed within the engineering of the FSTC.

143-145 Fulton Street: Part of the vault adjacent to this property would be affected by the construction of the new street access to the northbound 45 platform. Some underpinning of the building may also be required.

144 Fulton Street: The proposed widening of the AC mezzanine would require the removal of portions of the vault adjacent to this building. This would also require potential relocation of utility services located in the vault. A temporary easement during construction may also be required. Further information with respect to the structure of this property and its vault is currently being developed within the engineering of the FSTC.

56 Nassau Street: This property has an existing NYCT easement, which may not be sufficient for the needs of the project. Requirements for additional easements will be identified as engineering advances.

87 Nassau Street: The proposed widening of the AC mezzanine would require use of an existing easement in this property. The potential location of a new stair entrance to the AC within the building could require modification of this easement, which is within the sub-basement of the building. This space is currently vacant. In addition, the vault may be impacted.

90 Nassau Street: Potential location of new elevator on sidewalk. Sidewalk overlays vault.

94 Nassau Street: Temporary and permanent easements may be required at this property.

One Liberty Plaza: The construction of a street entrance to the southbound 45 Fulton Street platform within the property line of One Liberty Plaza would require the use of an existing NYCT easement, which is expected to be sufficient for the needs of the project. This property may also require underpinning.

World Trade Center (WTC): The construction of the RW - E connector may require the temporary utilization of the existing NYCT easement on the western side of Church Street. The extent of the easement would be established as design continues.

110 William Street: The extension of the 23 platforms and mezzanine would require the use of an existing NYCT easement in the building, which is not expected to be sufficient for the needs of the project. A temporary easement may be required during construction and the vault may be impacted.

135 William Street: A new permanent easement is expected to be required within this property, in order to allow for the construction of a new ADA access entrance comprising a street-level-to-mezzanine elevator, stairs and fare control area. The easement is expected to utilize the street and basement level of this structure.

October 2004 10.0 Displacement and Relocation 10-9 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation 150 William Street: A permanent easement will be sought at the street and basement level of this building which may impact businesses located in the basement and ground floor. Stairs for a new 23 street- level-to-mezzanine entrance are proposed for construction within the building, which will require the acquisition of approximately 236 sq. feet of space.

General Basement Access During Construction: Temporary access may be required to of building basements, cellars and subsurface vaults, not included in the permanent easements or acquisitions. In particular, this would apply to construction activities in the Millenium Hotel and 195 Broadway basements. Consequently, temporary easements (or permanent partial acquisitions) of such spaces may be required. The basement vaults of other buildings may also be affected by the construction of the FSTC. The extent of these easements and acquisitions would be established as design continues.

Where required, vault spaces may be acquired from the City, or permanent easements obtained, which would require tenants to vacate the vault space and/or lose sidewalk basement access. Where the vault is to be removed or modified, temporary access to the basements of private properties may be necessary during the construction phase. The list of affected properties (which is included in Appendix G), requirements for access and use of vault space, would be further defined as design continues.

10.4 ALTERNATIVE 10 - THE PREFERRED ALTERNATIVE 10.4.1 PERMANENT PROPERTY ACQUISITIONS

The Preferred Alternative requires that an additional property, 192 Broadway (the Corbin Building) be acquired, for a total of six (6) property acquisitions. The nine (9)-story Corbin Building was built in 1888 and was designed by architect Francis Kimball. The building, located on the corner of Broadway and John Street, is an example of Renaissance Revival Architecture and is characterized by its brownstone and terra cotta façade. The leaseable spaces of the building are almost fully occupied. The street-front retail level houses a jewelry store, a Sprint PCS store and other small retailers. The upper floors of the building contain law, medical and dental offices, literary and advertising agencies, architects and a variety of other consulting firms.

In addition to 192 Broadway, similar to Alternative 9, NYCT would also acquire five (5) other properties in order to construct the FSTC (see Figure 10-1), four (4) on the east side of Broadway between Fulton and John Streets, and one (1) on the south side of Dey Street.

• 194-196 Broadway (Census block 79, Lot 16); • 198 Broadway (Census block 79, Lot 18); • 200-202 Broadway (Census block 79, Lot 19); • 204-210 Broadway (Census block 79, Lot 21); and, • 189 Broadway (Census block 63, Lot 13).

The occupants of the buildings would be permanently relocated following the acquisition.

Business Displacements not Related to Acquisition - In addition to business displacements associated with properties that have been permanently acquired, there are potential displacements of individual retail businesses related to the construction of peripheral elements of this project such as ADA elevators and new entrances on William, Fulton, John and Cortlandt Streets. Easements will be sought in these locations. The extent of potential business displacements is as follows:

• Royal Barber Shop (95 Fulton Street) – This business in the basement retail arcade situated beneath the entrance to 150 William Street may be affected by the construction of a new entrance stairwell on William Street. The area occupied by the barber shop may be required for construction of the new stairway;

October 2004 10.0 Displacement and Relocation 10-10 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation • Seaport Café (150 William Street) – To construct the upper portion of the new entrance stairwell potentially beginning within the space occupied by the Royal Barber Shop in the basement of 95 Fulton Street, an easement would be sought that extends into a corner of the retail floor area of this business. The Seaport Café is located immediately above the Royal Barber Shop and has street frontage on Fulton Street; and,

• GNC (135 William Street) – A permanent easement is required that extends into this property. Use of this easement may entail the permanent displacement of this business tenant.

• Sprint (166-170 Broadway) - A permanent easement may be required that may extend into this property. Use of this easement may entail the permanent displacement of this business tenant.

Disruptions during the construction-phase, and the limited viability of the remaining retail space, may entail the closure and displacement of these establishments. The scope of final property acquisition requirements would be refined pending further details to be developed during the continuing engineering of the FSTC.

Properties proposed to be permanently acquired, those affected by permanent easement requirements and those affected by vault modifications are shown in Figure 10-1.

The six (6) properties to be acquired contained a range of retail, commercial and institutional owner- occupiers and tenants. The land use of 132 current tenants and owners is summarized in Table 10-3. A full detailed list of the 132 current tenants, owners and users of these properties is given in Appendix G. The buildings range in height from one (1) to 12 stories. All of the properties on the east side of Broadway were constructed prior to 1943 and support street-level retail, including a number of small restaurants, shoe repair stores, tailors, bakeries and boutiques. It is proposed that the occupants of the buildings would be permanently relocated following the acquisition of these six (6) properties (see Chapter 3: Alternatives and Chapter 4: Construction Methods and Activities for full details). Approximately 76,000 sf of retail space would be displaced under this alternative. Following displacement and compensation of occupants, the buildings at 189, 194-196, 198, 200-202 and 204-210 Broadway would be fully deconstructed in preparation for the construction of the Entry Facility and Dey Street Access Plaza. A detailed description of the deconstruction process is presented in Chapter 4: Construction Methods and Activities.

As discussed in Section 7C.3 of Chapter 7: Social and Economic Conditions, it is not expected that the affected businesses would experience substantial adverse impacts from displacement, as high vacancy rates elsewhere in the study areas would allow such establishments to relocate locally. As stated earlier in Section 10.3.1, the vacancy rate south of Chambers Street was has been estimated at 15.6 percent for office space and 12 percent for retail establishments. Furthermore, displacements are not expected to adversely impact the character of the local neighborhood; the amount and type of establishments displaced by the FSTC are only a small part of a larger business district that contains similar retail and commercial services (see Section 10.5).

October 2004 10.0 Displacement and Relocation 10-11 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation

Table 10-3 Summary Land Use of Property Acquisitions

Vacant / Medical/Law Building Retail Commercial Institutional Total Indeterminate* Use Offices 189 9 0 0 0 0 9 Broadway 192 11 15 3 9 9 47 Broadway 194-196 4 0 0 0 0 4 Broadway 198 2 30 2 4 8 46 Broadway 200-202 2 0 0 0 0 2 Broadway 204-210 21 0 1 0 2 24 Broadway Total 49 45 6 13 19 132 *Indeterminate use - Parts of the property were vacant or use could not be established from available sources. Source: The Louis Berger Group, Inc., 2004.

Under the Preferred Alternative, the internal spaces of the Corbin Building would be functionally incorporated into the design of the Entry Facility. The residents and businesses in the building would be permanently displaced in order to accommodate the design of the Entry Facility. Detailed descriptions of properties to be permanently acquired are provided in Section 10.3.1, along with the following:

10.4.2 DESCRIPTION OF EASEMENT, BASEMENT, AND VAULT REQUIREMENTS

Under the Preferred Alternative, a number of new easements and modifications to existing easements would be required.

These requirements, which are similar to those required for Alternative 9, are summarized in Section 10.3.3 and included in Appendix G.

10.5 COMPENSATION AND RELOCATION ASSISTANCE

Once the general property needs have been finalized for the project, the MTA Real Estate and Legal Departments are responsible for acquiring right-of-way and other real estate interests necessary to complete the project. The Real Estate and Legal Departments would be assisted by the real estate acquisition coordinator from the FSTC team. The acquisition process would consist of the following steps:

• Identification of required real estate once final design information is available; • Appraisal of required property interests; • Preparation of detailed property acquisition maps and metes-and-bounds descriptions of the property interests to be acquired; • Procurement of title reports to identify owners, lessees, mortgagees, lien holders and any parties with compensable interests in the property to be acquired; • Acquisition, either through negotiation or eminent domain; • Settlement or litigation of any claims for additional compensation or property damage; and, • Relocation of occupants if necessary.

October 2004 10.0 Displacement and Relocation 10-12 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation NEW YORK EMINENT DOMAIN PROCEDURE LAW

With respect to property acquisition, NYCT would adhere to the requirements of the New York Eminent Domain Procedure Law (the “Eminent Domain Procedure Law”). Among other things, the Eminent Domain Procedure Law requires the condemnor, in this case, the MTA, to:

• Hold a public hearing (for all potential acquisitions other than de minimis1 and emergency acquisitions); • Inform the public and affected parties about the public use, benefit and purpose of the proposed acquisitions, the reasons for selecting those locations and the general impacts of the acquisition on the surrounding area; • Issue a determination and findings within 90 days after the close of the public hearing; • Make written offers in the full amount of NYCT’s highest approved appraisal; • Advise condemnees that, subject to proving title and clearing title objections, the offer may be accepted as payment in full for the property interests to be acquired, or in the alternative, accepted as advance payment with a continuing right on the owners’ part to file claims for additional compensation; and, • If the compensation offer is not accepted, to file a petition with the New York State Supreme Court to acquire the necessary property interests by condemnation.

Compensation for real property generally is determined on the basis of fair market or fair rental value and, in the case of partial takings, diminution (if any) to the value of the remaining property. Compensation for tenant-owned trade fixtures is determined on the basis of “sound value”, which under New York State law generally constitutes a fixture’s reproduction cost less depreciation.

FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT

NYCT would also adhere to the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as codified in Title 42, Section 4601 et seq. of the United States Code and the applicable implementing regulations set forth in Title 49, Part 24 of the Code of Federal Regulations (collectively, the “Uniform Act”) with regard to relocation services, moving payments, replacement housing payments and other allowable payments related to commercial and residential moving costs and displacement.

The rights of owners and tenants of real property acquired to implement the proposed project are protected under the Uniform Act, which provides for fair, uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal and federally assisted programs. (“Owner” refers to either the fee owner of the property or the tenant-owner of improvements on it.) Overall, the Uniform Act is designed to ensure that individuals do not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons. More specific information on the entitlements provided by the Uniform Act is provided on the Internet at www.fhwa.dot.gov/realestate/index.htm.

As part of the continuing engineering design of the FSTC, property identification plans would be developed to identify every parcel affected by the project and to define the need for property acquisitions and/or easements. From property identification plans, preliminary title reports would be obtained to ascertain the owners of record and legal descriptions of the parcels. The parcels would then be certified as needed for the project and the acquisition process initiated.

1 According to Article 2 of the New York State Eminent Domain Procedure Law 206 (D), acquisition is de minimis in nature when the public interest will not be prejudiced by the construction of the project or when because of an emergency situation the public interest will be endangered by any delay caused by the public hearing requirement. Considering the aforementioned, and the implied minimal nature of the action, the need for a public hearing for a de minimis acquisition is evaluated on a case-by-case basis, taking into consideration the value of the proposed taking and the impact of the action. October 2004 10.0 Displacement and Relocation 10-13 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation The above information would form the basis of the acquisition relocation plan. All site occupants would be personally interviewed to determine their specific relocation needs and would be given written information about benefits to which they may be entitled. Owners, tenants and parties with compensable interests in the properties to be acquired would be compensated in accordance with the Eminent Domain Procedure Law. Displaced business owners and commercial tenants would receive relocation benefits and assistance as required under the Uniform Act. Assistance related to temporary relocations will be determined on a case-by-case basis taking into account the provisions of the Uniform Act and subject to negotiation with the tenant or owner.

10.6 SUMMARY OF ADVERSE IMPACTS AND MITIGATION MEASURES

Under the No Action Alternative, no compensation or relocation assistance would be necessary. For both Build alternatives, all property acquisition would be undertaken within the framework of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act and would also conform to the New York State Eminent Domain Procedure Law.

Under the Build Alternatives, Alternative 9 and the Preferred Alternative, it is anticipated that most relocated businesses would be successful in finding suitable alternative space near their current locations. Most relocating businesses are likely to be successful in finding suitable alternative space near their current locations because the inventory of vacant office, retail, warehouse, and other commercial space in Lower Manhattan is anticipated to be large enough to accommodate the needs of most displaced businesses. ‘

October 2004 10.0 Displacement and Relocation 10-14