Chapter 10: Displacement and Relocation 10.1 Introduction
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MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation CHAPTER 10: DISPLACEMENT 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 area’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 integral 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 ACTION 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 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. 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 S ETTE BAXTER ST Y A WOR W MUL ARREN ST TH ST LAF B READE ST ERR MURRA Y ST PEARL ST GREENWICH ST Y CHAMBERS ST ST ST WEST PARK PL BARCLA PARK ROW Y ST CENTRE ST Legend BARCLA 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 MAID 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.