THE COUNCIL OF THE CITY OF NEW YORK RESOLUTION NO. 1056 Title Resolution approving the authorization of the City Planning Commission pursuant to Section 62-722 of the Zoning Resolution to authorize the modifications of the requirements of Section 62-40 (Dimensions of Visual Corridors) to modify the requirements for waterfront public access and visual corridors (Non-ULURP No. N 980320 ZAK; L.U. No. 506). Body By Council Members Eisland and McCaffrey WHEREAS, the City Planning Commission filed with the Council on September 17, 1999 its decision dated September 8, 1999 (the "Authorization"), on the application submitted by The Home Depot USA, Inc., pursuant to Section 62-722 of the New York City Zoning Resolution for the grant of an authorization to allow modification of the requirements of Section 62-415 (to allow the requirement of 15 percent of lot area for the waterfront public access area to be reduced) and Section 62-421 (to allow the Bay 54th Street visual corridor to be waived and a portion of the West 22nd Street visual corridor to be modified from the required 80 foot width (width of West 22nd Street) to a width of approximately 67 feet), to facilitate the development of a two-story retail store on property generally bounded by Cropsey Avenue, Coney Island Creek, Dreier-Offerman Park, and Bay 53rd Street (Block 6947, Lots 30, 32, 33, 34, 36, 38, 40, 120, 138, 139, 140, 141, 144, 145, 146, 147, 149, 150, 151, 152, 153, 156, 201, 203, 204, 205, 207, 209, 212, 213, 216, 217, 218, 219, 221, 223, 235, 236, 238, 240, 242, 243, 244, 245, 246, 248; Block 6950, Lots 95, 96, 99, 100, 101, 103, 105, 106, 107, 153, 155, 156, 158, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 176, 177, 178, 179, 180, 182, 199, 277, 1176 and Block 6992, Lot 1), in a proposed C8-1 District, Borough of Brooklyn (Non-ULURP No. 980320 ZAK) (the "Application"); WHEREAS, the Authorization is subject to review and action by the Council pursuant to Section 62-722 of the Zoning Resolution; WHEREAS, upon due notice, the Council held a public hearing on October 5, 1999 on the Authorization and Application; ____________ Page 2 of 3 pages N 980320 ZAK Reso. No. 1056 (L.U. No. 506) WHEREAS, the Council has considered the relevant environmental issues and the Final Environmental Statement of the lead agency the City Planning Commission dated August 27, 1999; and WHEREAS, the Council has considered the land use implications and other policy issues relating to the Authorization and Application; WHEREAS, the Council has considered the relevant environmental issues and the Final Environmental Impact Statement (?FEIS?) for which a Notice of Completion was issued on August 27, 1999 (CEQR No. 98DCP038K); RESOLVED: Having considered the FEIS, with respect to the Application, the Council finds that: (1) the FEIS meets the requirements of 6 N.Y.C.R.R. Part 617; (2) consistent with social, economic and other essential considerations, from among the reasonable alternatives, the proposed action is the one which minimizes or avoids adverse environmental effects to the maximum extent practicable, including the effects disclosed in the FEIS; and (3) consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impart statement will be minimized or avoided by incorporating as conditions to the approval those mitigative measures which were identified as practicable; and The Decision and the FEIS constitute the written statement of facts, and of social, economic and other factors and standards that form the basis of this determination, pursuant to 6 N.Y.C.R.R. ?617.9(c)(3). The Council finds that the action described herein will have no significant effect on the environment; and Pursuant to Section 62-722 of the New York City Zoning Resolution and on the basis of the Authorization and Application, the Council approves the Authorization. ____________ Page 3 of 3 pages N 980320 ZAK Reso. No. 1056 (L.U. No. 506) Adopted. Office of the City Clerk, } The City of New York, } ss.: I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on October 27, 1999, on file in this office. ............................................ City Clerk, Clerk of Council T1999-62