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NYC 9/11 Public Portal Document

•FEB-22-2@01 12:11 MRYOR'S OFC of ENV. COORD 1 212 788 2941 P.08/10

an applicant, PSL section 166.1.(1) may mean that if local legal provisions are challenged by168.1.(I) is read NYC. If section without record evidence, local codes couldn't be enforced by by NYC may be limited to together with Section 168.2 (d), then the need for record evidence measures. instances where an applicant is requesting waivers of substantive other The NYC Building and Fire Safety Code is implemented by Building Permit process; connections, etc.) permitting are implicated in administration of Building Code (i.e., DOT, sewer

DISCUSSION ABOUT SPECIFIC NYC CODES AND REQUIREMENTS: bureaus), DOT permits, including Street Closings, Excavation, Land Contour (involves cther Street Surfaces, etc., have permit fees and filing info. needs

DOT permits involve some discretionary decisions; are not as-of-right; and DOT maintains interest in the time, place and manner of construction.

Siting Board needs to see substantive standards for permits to apply; make sure compliance is achieved; and could authorize DOT to issue actual permits.

The SCS-Astoria project involves a mapped street (Berrian Blvd) on private property that is not open to public traffic: applicant will need to get deed clearance from NYC as a proprietary, not governmental matter. Will need to address this, and other project- specific questions, in individual proceedings.

DOT permitting review occurs as soon as site plans are available: some issues can be identified in review of conceptual plans (as at Article X Application) and detailed review hinges on site plan following Art. details (typically developed later in Art. X proceeding, as compliance documentation X Certification).

__ Forward applicable DOT details, fee structures, etc.

ZONING ISSUES

NYC has not identified any significant zoning issues with proposed projects, but there may be issues with application of performance standards, especially at industrial sites adjoining residential zones. Performance standards become more vigorous (noise, etc.) at sites adjoining residential districts.

Likely to be issues at ConEd ERRP and Keyspan-Ravenswood facilities.

Zoning reviews do not apply to existing generation facilities (i.e., ConEd ERRP siting is within existing powerhouse) unless new buildings, taller stacks, or enlarged buildings are proposed.

NOISE performance standards are out-of-date, and are practically supplanted by City Noise Code. Board findings would need to acknowledge City Codes, address limitations of performance standards. Record needs to include ordering clauses/certificate conditions that would satisfy NYC-DEP.

PERFORMANCE STANDARDS become part of a building permit: developers need to agree to meet underlying standards; show details in plans; provide statement acknowledging compliance with standards. BUILDING PERMITS can utilize a self-certification process or go to Buildings Dept. for review and permitting. Interpretations of compliance could be sought prior to self-certification.

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