File #: Res 1658-2021    Version: * Name: LU 780 - Zoning, Acme Smoked Fish/Gem Street Rezoning, Brooklyn (C 210139 ZSK)
Type: Resolution Status: Adopted
Committee: Committee on Land Use
On agenda: 5/27/2021
Enactment date: Law number:
Title: Resolution approving the decision of the City Planning Commission on ULURP No. C 210139 ZSK, for the grant of a special permit (L.U. No. 780).
Sponsors: Rafael Salamanca, Jr., Francisco P. Moya
Council Member Sponsors: 2
Attachments: 1. Res. No. 1658, 2. April 22, 2021 - Stated Meeting Agenda with Links to Files, 3. Calendar of the Subcommittee Meetings - May 4 and May 6, 2021, 4. Calendar of the Zoning Subcommittee Meeting - May 19. 2021, 5. Land Use Calendar - May 25, 2021, 6. May 27, 2021 - Stated Meeting Agenda with Links to Files, 7. Hearing Transcript - Stated Meeting 5-27-21, 8. Minutes of the Stated Meeting - May 27, 2021, 9. Committee Report




Resolution approving the decision of the City Planning Commission on ULURP No. C 210139 ZSK, for the grant of a special permit (L.U. No. 780).


By Council Members Salamanca and Moya


                     WHEREAS, RP Inlet, LLC, filed an application pursuant to Sections 197-c and 201 of the New York City Charter for the grant of a special permit pursuant to Section 74-743 of the Zoning Resolution to modify the height and setback requirements of Section 43-43 (Special provisions for bulk modifications), which in conjunction with the related action would facilitate the development of a new nine-story, approximately 583,700-square-foot mixed-use commercial and industrial building with 95,299 square feet of manufacturing space for the Acme Smoked Fish Company at 30 Gem Street (Block 2615, Lots 1, 6, 19, 21, 25, 50, and 125) in the Greenpoint neighborhood of Brooklyn, Community District 1 (ULURP No. C 210139 ZSK) (the “Application”);


WHEREAS, the City Planning Commission filed with the Council on April 9, 2021, its decision dated April 7, 2021 (the “Decision”) on the Application;


                     WHEREAS, the Application is related to application C 210138 ZMK (L.U. 779), a zoning map amendment to change an M3-1 zoning district to an M1-5 zoning district;


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


WHEREAS, the City Planning Commission has made the findings required pursuant to Section 74-743(a)(2) of the Zoning Resolution of the City of New York;


WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on May 4, 2021;


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


                     WHEREAS, the Council has considered the relevant environmental issues, including the positive declaration, issued on July 26, 2019 (CEQR No. 20DCP009K) and a Final Environmental Impact Statement (FEIS) for which a Notice of Completion was issued on March 26, 2021 which significant adverse impacts related to hazardous materials, noise, and air quality would be avoided through the placement of an (E) designation (E-585) on the project sites and the proposed project as analyzed in the FEIS identified significant adverse impacts with respect to construction (vehicular traffic) and transportation (vehicular traffic) and proposed mitigation measures are included in the Restrictive Declaration.




                     Having considered the FEIS with respect to the Decision and 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 thereto, the action is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable; and


(3)                     The adverse environmental impacts disclosed in the FEIS will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to the approval, pursuant to the restrictive declaration attached as Exhibit A to City Planning Commission report for C 210139 ZSK, those project components related to environment and mitigation measures that were identified as practicable.


                     The Decision, together with 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. §617.11(d).


Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, and based on the environmental determination and consideration described in the report, C 210139 ZSK, incorporated by reference herein, and the record before the Council, the Council approves the Decision of the City Planning Commission.


1.                     The property that is the subject of this application (C 210139 ZSK) shall be developed in size and arrangement substantially in accordance with the dimensions, specification and zoning computation indicated on the following approved plans, prepared by Gensler and MPFP, filed with this application and incorporated into this resolution:


Dwg. No.                     Title                                                                                                                              Last Date Revised

Z-001.00                     Zoning Analysis                                                                                    10/21/2020
                     LSGD Site Plan                                                                                    10/21/2020
                     Zoning Diagram Waiver                                                               10/21/2020
                     Zoning Sections                                                                                    10/21/2020
                     Zoning Sections                                                                                    10/21/2020
                     Flood Elevation Plan                                                                                    10/21/2020

                     Zoning Lot Site Plan Plaza Level                                          10/30/2020
                     Public Accessible Area Plan                                                               12/07/2020
                     Furnishing Plan                                                                                    12/07/2020
                     Grading and Paving Plan                                                               12/07/2020
                     Planting and Lighting Plan                                                               12/07/2020
                     Photometric Plan                                                                                    12/07/2020
                     Circulation Plan                                                                                    12/07/2020
                     Section                                                                                                                              10/21/2020
                     Section                                                                                                                              10/21/2020
                     Section                                                                                                                              10/21/2020
                     Section                                                                                                                              10/21/2020
                     Paving, Wall, and Step Details                                          10/21/2020
                     Precast Plaza Bench Details                                                               10/21/2020
                     Sculptural Plaza Bench Details                                          10/21/2020
                     Planting and Lighting Details                                                               10/30/2020
                     Details                                                                                                                              10/30/2020

2.                     Such development shall conform to all applicable provisions of the Zoning Resolution, except for the modifications specifically granted in this resolution and shown on the plans listed above which have been filed with this application. All zoning computations are subject to verification and approval by the New York City Department of Buildings.


3.                     Such development shall conform to all applicable laws and regulation relating to its construction, operation, and maintenance.


4.                     Development pursuant to this resolution shall be allowed only after the restrictive declaration attached hereto as Exhibit A, with such administrative changes as are acceptable to Counsel to the Department of City Planning, has been executed and recorded in the Office of the City Register, New York County. Such restrictive declaration shall be deemed incorporated herein as a condition to this resolution.

5.                     The development shall include those mitigation measures listed in the Final Impact Statement (CEQR No. 19DCP220K) issued on March 26th, 2021 and identified as practicable.


6.                     All leases, subleases, or other agreements for use or occupancy of space at the subject property shall give actual notice of this special permit to the lessee, sublessee, or occupant.


7.                     Upon failure of any party having any right, title or interest in the property that is the subject of this application, or the failure of any heir, successor, assign, or legal representative of such party, to observe any of the covenants, restrictions, agreement, terms or conditions of this resolution whose provisions shall be constitute conditions of the special permit hereby granted, the City Planning Commission may, without the consent of any other party, revoke any portion of or all of said special permit. Such power of revocation shall be in addition to and not limited to any other powers of the City Planning Commission, or of any other agency of government, or any private person or entity. Any such failure as stated above, or any alteration in the development that is the subject of this application that departs from any of the conditions listed above, is grounds for the City Planning Commission or the City Council, as applicable, to disapprove any application for modification, cancellation or amendment of the special permit hereby granted.


8.                     Neither the City of New York nor its employees or agents shall have any liability for money damages by reason of the city’s or such employee’s or agent’s failure to act in accordance with the provisions of this special permit.




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 May 27, 2021, on file in this office.






City Clerk, Clerk of The Council