Determination and Findings of the Department of Environmental Protection
Pursuant to Section 204 of the Eminent Domain Procedure Law
The following constitutes the Determination and Findings of the City of New York (“City”) by its Department of Environmental Protection (“DEP”) with respect to the proposed acquisition of property located at the intersection of 73rd Place and South Railroad Avenue, which is identified on the New York City Tax Map as Block 2448, Lot 60, Borough of Queens, (the “Property”) for construction of, and access to, a water supply shaft known as Shaft 18B-2 for City Water Tunnel No. 3, Stage 4 (the “Proposed Acquisition”).
A public hearing was held on February 24, 2016 in accordance with the provisions of Article 2 of the New York State Eminent Domain Procedure Law (“EDPL”), which provides a uniform procedure for condemnation by municipalities and others throughout New York State. The hearing was held in connection with the proposed acquisition of approximately 56,000 square feet of property in fee simple absolute for Shaft 18B-2 of City Tunnel 3, Stage 4.
As provided by section 202 of the EDPL, notices were published in The City Record and the New York Post advising the public that a hearing would be held on February 24, 2016 and comments would be received concerning the public use, benefits, and purposes to be served by the Proposed Acquisition and other pertinent facts. The hearing notices also informed the public that they would be given a reasonable opportunity to comment on the Proposed Acquisition. The hearing provided an opportunity for the public to comment on the project.
The record of the February 24, 2016 hearing remained open for written comments until the close of business on March 9, 2016. No member of the public submitted comments at the hearing and no written comments were received after the hearing. The City made available for public inspection copies of the hearing transcript, and the exhibits introduced at the hearing, such as the notice of public hearing, affidavits of service and publication of the notice, the proposed acquisition map, the authority upon which the Proposed Acquisition is based, and the environmental review record.
Pursuant to 204(B)(1) of the EDPL, and having given due consideration to the complete hearing record, which includes all documents submitted, the City makes the following Determination and Findings:
1. The public use, benefit, and purpose to be served by the proposed project [EDPL § 204(B)(1)]
Shaft 18B-2 is a proposed water supply shaft along the Bronx/Queens leg (Stage 4) of City Water Tunnel No. 3, an underground water tunnel. The proposed project is being constructed to supplement and augment City Water Tunnel Nos. 1 and 2 by increasing the capacity of the New York City water supply system; enhancing peak flow capacity; improving pressure in outlying areas; permitting the inspection and repair of City Water Tunnel No. 1, City Water Tunnel No. 2, and City Water Tunnel No. 3, Stage 1; and providing back-up service in the event of a system failure. Shaft 18B-2 will allow water to be conducted from City Tunnel No. 3 to the surface distribution system, thereby improving water pressure and reliability.
There are two sources of authority for the acquisition of the proposed site. The first is a report entitled “The Board of Water Supply[,] City of New York[,] to the Board of Estimate on City Tunnel No. 3, Stage 2,” which was presented to, and approved by, the Board of Estimate on July 19, 1973, Calendar Number 19. The second is the City Planning Commission’s approval on June 15, 1994, Calendar Number 43, report C 930322 PCQ, of an application filed on January 26, 1993, pursuant to sections 197-c and 199 of the New York City Charter, for the acquisition by condemnation of a parcel of land that is comprised of what was formerly known as Block 2448, Lot 60, and is currently known as Lots 30 and 60.
2. The approximate project location for the proposed project and the reasons for the selection of that location [EDPL § 204(B)(2)]
On February 8, 2008, the City acquired title by eminent domain to the property now known as Queens Block 2448, Lot 30 for the City’s Water Tunnel No. 3’s Shaft 18B. The proposed project involves the acquisition of property located on Queens Block 2448, Lot 60, in Woodside, to construct a vertical water supply shaft to connect to City Water Tunnel No. 3. There are no proposed alternative locations. The reason for the selection of the Property is its proximity to Shaft 18B, which is a water supply shaft along the Queens/Brooklyn leg (Stage 2) of City Water Tunnel No. 3. Shaft 18B-2 is proposed to be constructed 250 feet away from Shaft 18B. Large interconnecting overland pipes running between Shaft 18B and Shaft 18B-2 are planned for construction, as well as large distribution supply piping running from the proposed shafts to the distribution system.
3. The general effect of the proposed project on the environment and the residents of the locality [EDPL § 204(B)(3)]
The proposed project was reviewed in accordance with 6 NYCRR Part 617 of the New York State Environmental Quality Review Act (“SEQRA”) and in accordance with the City Environmental Quality Review, which was established by Executive Order 91 of 1977. Based on that review, DEP issued a Type II determination on May 15, 1992 which explained that the use of the Proposed Acquisition is an excluded action: one that is undertaken, funded or approved prior to the effective dates set forth in SEQRA. Since the acquisition of Block 2448, Lot 60 was originally authorized as part of the original Shaft 18B project and associated Uniform Land Use Review Procedure approval, no further environmental review is required for this acquisition that is for the same purpose. DEP issued a memorandum, dated September 14, 2006, which details the updated environmental assessment that was conducted to determine any potential significant adverse impacts, and explains that there will be no negative effect on the environment once construction of the water tunnel shaft begins. Thereafter, DEP issued a memorandum, dated February 19, 2016, which explains that, pursuant to SEQRA, the property that is proposed as part of this proceeding is an exempt Type II action because it was authorized by the original Shaft 18B City Water Tunnel 3 project.
4. Other considerations [EDPL § 204(B)(4)]
No comments were received from the public at the February 24, 2016 public hearing, and no comments were received subsequent to the public hearing.
Determination
Based on due consideration of the record and the foregoing findings, it is determined that the City should exercise its power of eminent domain to acquire the Property to permit the purposes of the City Water Tunnel No. 3, Stage 4 to be achieved.
Copies of this Determination and Findings by the City are available and will be forwarded without cost, and upon written request to:
New York Department of Environmental Protection
Office of General Counsel
59-17 Junction Boulevard, 19th Floor
Flushing, New York 11373-5108
Attention: Shaft 18B-2 Acquisition
PLEASE TAKE NOTICE THAT:
PURSUANT TO SECTION 207 OF THE EMINENT DOMAIN PROCEDURE LAW, ANY PERSON WHO WISHES TO SEEK JUDICIAL REVIEW OF THIS DETERMINATION AND FINDINGS, OR WHO CLAIMS TO BE AGGRIEVED BY SUCH DETERMINATION AND FINDINGS AND WISHES TO CHALLENGE THE SAME, MUST DO SO, IF AT ALL, BY DULY COMMENCING A LEGAL PROCEEDING IN THE APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT, NO LATER THAN THIRTY (30) DAYS AFTER THE COMPLETION OF THE PUBLICATION OF THIS DETERMINATION AND FINDINGS. SINCE PUBLICATION WILL TAKE PLACE ON MAY 23, 2016 AND MAY 24, 2016, ANY SUCH PROCEEDING MUST BE COMMENCED ON OR BEFORE JUNE 23, 2016.
UNDER SECTIONS 207 AND 208 OF THE EMINENT DOMAIN PROCEDURE LAW, THE EXCLUSIVE VENUE FOR ANY CHALLENGE TO THIS DETERMINATION AND FINDINGS IS THE APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT. ANYONE WISHING TO CHALLENGE THIS DETERMINATION AND FINDINGS IS ADVISED TO CONSULT AN ATTORNEY PROMPTLY.