THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 2194

Title
Resolution approving the decision of the City Planning Commission on ULURP No. C 010548 ZSM (L.U. No. 1275), grant of a special permit to allow the modification of the height and setback regulations.
Body

By Council Members Eisland and McCaffrey


WHEREAS, the City Planning Commission filed with the Council on November 28, 2001 its decision dated November 28, 2001 (the "Decision") on the application submitted by the Memorial Sloan-Kettering Cancer Center, pursuant to Sections 197-c and 201 of the New York City Charter, for the grant of a special permit pursuant to Section 74-93 of the Zoning Resolution to allow the modification of the height and setback regulations along a portion of the south side of East 69th Street on the periphery of a large-scale community facility development, generally bounded by East 69th Street, York Avenue, East 66th Street, and First Avenue (Block 1461, Lots 13 and 21, Block 1462, Lots 1 and 5, and Block 1463, Lots 5 and 11), within an R9 District, Community District 8, Borough of Manhattan (ULURP No. C 010548 ZSM) (the "Application");

WHEREAS, the Application is related to ULURP Application Number C 010547 ZMM (L.U. No. 1274), an amendment to the Zoning Map;

WHEREAS, the City Planning Commission has made the findings required pursuant to Section 79-43 of the Zoning Resolution;

WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(3) of the City Charter;

WHEREAS, upon due notice, the Council held a public hearing on December 10, 2001 on the Decision 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 November 16, 2001 (CEQR No. 01DCP050M); and


WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application;

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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).

Pursuant to Sections 197-d and 200 of the New York City Charter and on the basis of the Decision and Application, the Council approves the Decision with the following modifications:

1) Exhibit A is modified to read - Paragraph one (1) "125,000 square feet" is deleted and 75,000 square feet is added.

2) Exhibit A is modified to read the language in Paragraph six (6) "if it determines to review a proposed amendment, modification or cancellation" is deleted.

3) The applicant shall arrange for regularly scheduled waste disposal to be performed during business hours.

4) Applicant shall provide streetscape improvements along East 67th through 69th Streets consisting of trees, plantings and benches where appropriate within the boundaries of the large-scale development plan.


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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 December 19, 2001, on file in this office.



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City Clerk, Clerk of Council