[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 933-936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00090]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6437-N-01]


Notice of Intent To Prepare an Environmental Impact Statement for 
the Fulton Elliott-Chelsea Houses Redevelopment Project in Manhattan, 
New York

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, Department of Housing and Urban Development (HUD).

ACTION: Notice of Intent (``NOI'') to prepare an Environmental Impact 
Statement (``EIS'').

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SUMMARY: New York City, through the New York City Department of Housing 
Preservation and Development (``HPD''), and the New York City Housing 
Authority (``NYCHA''), are providing Notice of Intent (``NOI'') to 
prepare an EIS for the proposed Fulton Elliott-Chelsea Houses 
Redevelopment Project in Manhattan, New York. As part of the NYCHA 
Permanent Affordability Commitment Together (``PACT'') Program, NYCHA 
intends to submit an application(s) to the United States Department of 
Housing and Urban Development (``HUD'') for: disposition of public 
housing, and conversion of Section 9 public housing subsidies to 
Section 8 Project Based Vouchers (``PBVs'') under the HUD Rental 
Assistance Demonstration (``RAD'') Program and Section 18 of the U.S. 
Housing Act of 1937 (``USHA'') as amended. This NOI initiates the 
public scoping for the EIS, and provides project information on the 
proposed action, the proposed action's purpose and need, and the 
alternatives being considered for evaluation in the EIS. This NOI 
invites public comments on the environmental impacts that may be 
associated with the proposed action and alternatives.

DATES: Comments on the Draft Scope of Work (``DSOW'') will be accepted 
during the Public Scoping Meetings and, in writing, until 5 p.m. on 
Tuesday, February 20, 2024. See ``Instructions for submitting 
comments'' below for further information.

ADDRESSES: Interested members of the public, tribes, and agencies are 
invited to submit comments to be considered on the proposed scope of 
the EIS, the proposed action's purpose and need, the identification of 
alternatives to be considered, the environmental benefits and impacts 
to be evaluated, and any other project-related issues or analysis. 
Written comments may be submitted electronically via email to 
<a href="/cdn-cgi/l/email-protection#9ef0fbeeffc1fbf0e8def6eefab0f0e7fdb0f9f1e8"><span class="__cf_email__" data-cfemail="84eae1f4e5dbe1eaf2c4ecf4e0aaeafde7aae3ebf2">[email protected]</span></a> and, in hard copy via regular mail, to: Department 
of Housing Preservation and Development, Attn: Anthony Howard, 100 Gold 
Street, #7-A3, New York, NY 10038.

FOR FURTHER INFORMATION CONTACT: Anthony Howard, Director of 
Environmental Planning, Department of Housing Preservation and 
Development--Division of Building and Land Development Services, 100 
Gold Street, #7-A3, New York, NY 10038; email: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="df91baafbe80bab1a99fb7afbbf1b1a6bcf1b8b0a9">[email protected]</a>, 
phone: 212-863-7248.

SUPPLEMENTARY INFORMATION:

A. Background

    New York City, through HPD, as Responsible Entity and joint lead 
agency in accordance with 24 CFR 58.2(a)(7), and NYCHA, serving as 
local project sponsor and joint lead agency in accordance with 40 CFR 
1501.7(b), are providing this NOI to prepare an EIS for the proposed 
Fulton Elliott-Chelsea Houses Redevelopment Project in Manhattan, New 
York (the ``proposed action'' as further described below). The proposed 
action to be evaluated in the EIS includes the replacement of existing 
NYCHA buildings (including residential and community facility uses and 
the development of new residential buildings) across the Fulton, 
Elliott, Chelsea, and Chelsea Addition Houses campuses in Manhattan 
(the ``Project Sites''). As part of the PACT Program, NYCHA intends to 
submit an application(s) to HUD for: (1) disposition of public housing 
property as authorized under Section 18 of USHA as amended and 
implementing regulations at 24 CFR part 970 (``Section 18''), and (2) 
conversion of subsidies under Section 9 of USHA (42 U.S.C. 1437g) to 
PBV subsidies under Section 8 of USHA (42 U.S.C. 1437f) in accordance 
with the RAD Program, created by the Consolidated and Further 
Continuing Appropriations Act of 2012, as amended, and the RAD Notice 
REV 4 (PIH Notice 2019-23 as supplemented in RAD Supplemental Notice 4B 
published July 27, 2023).
    Under the PACT Program, NYCHA would enter into a long-term ground 
lease(s) involving the Project Sites with Elliott Fulton LLC, a joint 
venture between Essence Development and The Related Companies (and/or 
affiliates thereof) (collectively, the ``PACT Partner''). Such planned 
activities and applications at HUD-assisted Project Sites require 
environmental clearance.
    HPD and NYCHA will prepare the EIS in accordance with the National 
Environmental Policy Act of 1969 as amended, 42 U.S.C. 4321 et seq. 
(``NEPA''), the Council of Environmental Quality (``CEQ'') NEPA 
Regulations at 40 CFR parts 1500-1508, and HUD implementing regulations 
at 24 CFR part 58, and as appropriate, the New York State Environmental 
Quality Review Act (``SEQRA'') and New York City Environmental Quality 
Review (``CEQR'').

B. Project Sites

    The Project Sites consist of four NYCHA developments: Chelsea, 
Chelsea Addition, Elliott, and Fulton Houses, which are located across 
two separate public housing campuses in the Chelsea

[[Page 934]]

neighborhood of Manhattan. Existing uses on the Project Sites include 
2,056 NYCHA dwelling units (DUs), community center spaces, recreational 
space, and 95 accessory parking spaces. As they are separated by 
approximately a quarter mile, Fulton and Elliott-Chelsea are described 
separately. Fulton Houses (the ``Fulton Houses Project Site'') is 
generally bounded by West 20th Street to the north, 9th Avenue to the 
east, West 16th Street to the south, and 10th Avenue to the west. The 
Fulton Houses Project Site consists of eleven buildings, including 
three 25-story and eight seven-story buildings. These buildings were 
constructed in the early 1960s and contain 944 residential units which 
house approximately 2,100 residents. Hudson Guild, a multi-service non-
profit community agency serving those who live, work, or go to school 
in Chelsea and the surrounding area, operates a community center and 
office space on the Fulton Houses Project Site.
    There are a wide range of land uses surrounding the Fulton Houses 
Project Site, including residential, commercial, institutional, and 
open space. These uses are governed by different underlying zoning 
regulations, which are applied to certain geographic areas (known as 
Zoning districts). Zoning districts in the vicinity of the Fulton 
Houses Project Site include: a R7B residential district with a C2-5 
commercial overlay along 10th Avenue to the north; a C2-6A commercial 
district (a R8A residential district equivalent), a R8 residential 
district with a C2-5 commercial overlay, and a R7B residential district 
to the east; a M1-5 manufacturing district to the south; and a C6-3 
commercial district (a R9 residential district equivalent) and a R8A 
residential district with a C2-5 commercial overlay along 10th Avenue 
to the west. Some portions of the above are in the Special West Chelsea 
District, an area in which special zoning rules apply. These rules may 
modify or supersede the underlying zoning.
    The Chelsea, Chelsea Addition, and Elliott Houses (collectively, 
the ``Elliott-Chelsea Houses Project Site'') are generally bounded by 
West 27th Drive to the north, 9th Avenue to the east, West 25th Street 
to the south, and 10th Avenue to the west, with Chelsea Park adjacent 
to the north side of the Site. Elliott Houses was constructed in the 
1940s. The campus includes four 11-12 story buildings. These buildings 
contain 591 residential units and house approximately 1,200 residents. 
There is also an early childhood center. Chelsea Houses was constructed 
in the early 1960s. The campus includes two 21-story buildings. These 
buildings contain 425 residential units and house approximately 1,000 
residents. Chelsea Addition Houses was constructed in 1968. It is a 
single 14-story building. The building contains 96 residential units 
and houses approximately 110 residents. The building is designated for 
elderly families (42 U.S.C. 1437e). Hudson Guild also operates a 
community center, offices, and recreational space located within a 
building adjoining the Chelsea Addition building on the Elliott-Chelsea 
Houses Project Site.
    There are a wide range of land uses surrounding the Elliott-Chelsea 
Houses Project Site, which include residential, institutional, 
commercial, open space, and transportation/utility; the latter use 
including the U.S. Postal Service Manhattan Vehicle Maintenance 
Facility and the NYC Department of Sanitation Repair Shop, both located 
between 11th and 12th Avenues. Zoning districts in the vicinity of the 
Elliott-Chelsea Houses Project Site include: a C6-4 commercial district 
(a R10 residential equivalent) to the north of Chelsea Park (which as 
mapped parkland does not have a zoning designation); a R8 residential 
district to the east; a C2-6 commercial district (a R8 residential 
equivalent) to the southeast; R7B and R8A residential districts to the 
south; a C6-3 commercial district (a R9 residential equivalent) and a 
M1-5 manufacturing district to the west (along with the Special West 
Chelsea District).

C. Purpose and Need

    As stated above, the Elliott Houses were built in the 1940s and the 
Chelsea Houses and Fulton Houses were built in the early 1960s. Chelsea 
Addition was built in 1968. The buildings and units within these 
developments have seriously deteriorated and require substantial repair 
and rehabilitation. These issues include, but are not limited to, 
persistent mold and leaks, the presence of lead-based paint, outdated 
mechanical and electrical systems, and outdated fixtures and 
appliances. These issues negatively impact the quality of life of 
residents.
    The purpose of the proposed action is to improve the quality of 
life and housing stability for existing public housing residents of the 
Fulton and Elliott-Chelsea Houses. It would do so by constructing new 
PBV-assisted housing for all existing residents, while also preserving 
permanent affordability and residents' rights under the PACT Program. 
The purpose of the proposed action is also to facilitate the 
construction of additional affordable and market rate housing units to 
address the critical shortage of affordable housing and housing in 
general in New York City and financially support the PACT portion of 
the project. This would help to address the critical shortage of 
affordable housing in New York City through the construction of 
hundreds of new housing units, both affordable and market rate. The new 
affordable units would directly address the shortage by increasing New 
York City's affordable housing stock while the new market-rate units 
would indirectly address the shortage by increasing the overall supply 
of housing in New York City. The proposed action will also facilitate 
the development of additional community facility, retail and open space 
for the benefit of NYCHA residents and the surrounding community.

D. Proposed Action

    The proposed action contemplates the following activities:
    (a) The staged demolition and replacement of all existing dwelling 
units and community facility spaces at the Project Sites; and
    (b) The staged development of new mixed-use buildings, including 
affordable and market rate residential units, new community facility 
spaces, and new retail (including supermarket) uses at the Project 
Sites.
    The proposed action would facilitate the staged replacement of the 
following existing uses, including:
    (a) 2,056 DUs at the Fulton and Elliott-Chelsea developments;
    (b) Approximately 67,159 gross square feet (gsf) of existing 
community facility space currently operated by Hudson Guild; and
    (c) 95 accessory parking spaces.
    New development would follow the above-described actions. Two 
development alternatives for the proposed action have been identified 
and will be analyzed in the EIS, referred to as the Rezoning 
Alternative and the Non-Rezoning Alternative.
    The Rezoning Alternative would require approvals from the New York 
City Planning Commission (CPC) through the Uniform Land Use Review 
Procedure (ULURP). This alternative would result in additional 
development, including:
    (a) Up to an additional 3,454 new DUs, with a mix of up to 1,038 
affordable DUs (i.e., up to 30 percent of the total) and up to 2,416 
market rate DUs (i.e., up to 70 percent of the total). The affordable 
DUs would be developed in mixed-income buildings consistent with New 
York City's Mandatory Inclusionary Housing (MIH) requirements;

[[Page 935]]

    (b) Up to 46,364 gsf of local retail (including supermarket) space;
    (c) Up to an additional 108,693 gsf of community facility space; 
and
    (d) 1 additional parking space at the Fulton Houses Project Site.
    The Non-Rezoning Alternative would not require the approval of the 
CPC. It would result in additional development, including:
    (a) Up to an additional 1,783 new DUs, with a mix of up to 536 
affordable DUs and 1,247 market-rate DUs in new mixed-income buildings. 
The affordable DUs will be developed in mixed-income buildings and 
recorded in the NYCHA Regulatory Agreement and other transaction 
documents between NYCHA and the PACT Partner;
    (b) Up to 29,075 gsf of local retail (including supermarket) space;
    (c) Up to an additional 132,549 gsf of community facility space; 
and
    (d) 1 additional parking space at the Fulton Houses Project Site.
    The proposed action would involve the staged demolition of all 18 
existing buildings across the Project Sites and their staged 
replacement with new buildings. The staging of the proposed action will 
be designed to minimize disruption to the existing residents on site. 
The estimated completion date for the proposed action is 2040 (which is 
referred to as the ``build year''). Under the Rezoning Alternative, 
there would be 15 new buildings ranging in height from 11 stories 
(approximately 140.33 feet) to 39 stories (approximately 416.0 feet) 
with a total of 96 accessory parking spaces on site. Under the Non-
Rezoning Alternative, there would be 17 new buildings ranging in height 
from 11 stories (approximately 140.33 feet) to 39 stories 
(approximately 416.0 feet).
    The EIS will analyze the net incremental changes to the Project 
Sites under both the Rezoning Alternative and Non-Rezoning Alternative. 
These alternatives will be compared to a No-Action Alternative, which 
assumes that the existing buildings would remain, no new development 
would occur on the Project Sites, and routine maintenance and repairs 
would continue. This analysis ensures that the potentially most severe 
environmental impacts resulting from the proposed action are considered 
in the environmental review.
    In October 2023, the New York State Office of Parks, Recreation, 
and Historic Preservation, State Historic Preservation Office 
(``SHPO'') stated that review was required under Section 106 of the 
National Historic Preservation Act (NHPA) for Elliott-Chelsea Houses. 
This site is eligible for listing on the State and National Register of 
Historic Places (S/NR). Section 106 requires a process of outreach and 
consultation with SHPO and interested parties, tribes, or agencies. 
Outreach will also be conducted to the general public.
    In addition to outreach and consultation under Section 106, 
implementation of the proposed action will require federal, state and 
local approvals. These include HUD approvals for the disposition of 
public housing property as authorized under HUD Section 18 and NYCHA 
board approval of a long-term ground lease(s) with the PACT Partner.
    The Rezoning Alternative would require approval from the CPC 
pursuant to the New York City Uniform Land Use Review Procedure 
(ULURP). The land use actions sought before the CPC would include: a 
zoning map amendment to establish zoning districts that would allow the 
proposed bulk and height; a zoning text amendment to designate the 
Projects Sites as Mandatory Inclusionary Housing Areas (MIHAs); and a 
large-scale general development (LSGD) special permit to facilitate the 
proposed site plan. The Non-Rezoning Alternative would not require 
approval from the CPC pursuant to ULURP.
    Each alternative described above will be evaluated at an equal 
level of detail for each impact category. The analysis will be 
conducted consistent with the applicable screening thresholds, 
methodologies, and impact determination thresholds.

E. Proposed Action Alternatives

    Consistent with the CEQ regulations implementing NEPA, the EIS will 
examine a range of reasonable alternatives (40 CFR 1502.14) to the 
Proposed Action that are potentially feasible. As required by NEPA, 
each of the alternatives will be evaluated at an equal level of detail. 
As a result of the project planning efforts to date, the alternatives 
currently proposed for evaluation in the EIS include:
    (a) No-Action Alternative: As discussed above.
    (b) Rezoning Alternative: As discussed above.
    (c) Non-Rezoning Alternative: As discussed above.

F. Need for the EIS

    The Proposed Action described above has the potential to 
significantly affect the quality of the human environment. The 
implementing regulations of the CEQ (40 CFR parts 1500-1508) and HUD's 
regulations (24 CFR part 58) require the preparation of an EIS in 
accordance with NEPA requirements. Responses to this notice will be 
used to: (1) determine significant environmental issues; (2) assist in 
developing a range of alternatives to be considered; (3) identify 
issues that the EIS should address; and (4) identify agencies and other 
parties that will participate in the EIS process and the basis for 
their involvement.

G. Probable Environmental Effects

    Due to the increase in the number of residents and expansion of the 
built environment, the proposed action could have the potential for 
significant environmental impacts in the following areas, which will be 
addressed in the EIS: Land Use, Zoning, and Public Policy; Coastal Zone 
Management/Waterfront Revitalization Policies (WRP); Floodplain 
Management and Flood Insurance; Socioeconomic Conditions; Environmental 
Justice; Community Facilities and Services; Open Space; Incremental 
Shadows; Historic and Cultural Resources/Historic Preservation; Urban 
Design and Visual Resources; Natural Resources; Hazardous Materials; 
Water and Sewer Infrastructure; Solid Waste and Sanitation Services; 
Energy; Transportation; Air Quality; Greenhouse Gas Emissions and 
Climate Change; Noise; Public Health; Neighborhood Character; and 
Construction Impacts.
    The NEPA Draft Scope of Work includes a preliminary list of 
anticipated permits and approvals from Federal, State, and local 
agencies. HPD and NYCHA will coordinate with appropriate agencies or 
entities for compliance with federal, local and state laws. The NEPA 
EIS will also assist relevant entities in any eventual CEQR and/or 
SEQRA findings.
    HPD and NYCHA invite all interested parties to participate in the 
scoping meetings.

H. Scoping

    The publication of this Notice serves to initiate the public 
scoping period. Following the scoping process and the finalization of 
the scoping framework, the preparation of the Draft Environmental 
Impact Statement (DEIS) will commence. The DEIS will include relevant 
information, assessments, and analyses of the Proposed Action's 
potential environmental effects. Once the DEIS is completed, it will be 
made available to the public through a Notice of Availability public 
posting in the Federal Register and posted on https://www.nyc.gov/site/nycha/about/pact/Chelsea-Fulton.page. It will be subject to a minimum 
45-day public comment period from the date of publication, including a 
public hearing. Additionally, the availability of the DEIS and public 
comment opportunities

[[Page 936]]

will be announced through public notices, public mailings and the local 
news media. All interested federal, state, and local agencies, Indian 
Tribes and the public are invited to comment on the scoping documents 
and DEIS (when available), including comments on the identification of 
potential alternatives, information, and analyses relevant to the 
proposed action. Agencies with jurisdiction over natural or other 
public resources affected by the project or that possess information 
about the Project Sites that HPD should consider in the DEIS are 
invited to submit comments to the individuals named in this Notice.
    No decisions about the project will be made at the Public Scoping 
Meeting. After the public scoping period, HPD, NYCHA, and the PACT 
Partner will compile the comments that are received to develop a Final 
Scope of Work for the DEIS. A Notice of Availability of the DEIS is 
anticipated to be published in the Federal Register in the Spring of 
2024. After the DEIS public comment period, a Final Environmental 
Impact Statement (FEIS) will be prepared. At this time, it is 
anticipated that a Notice of Availability of the FEIS will be published 
in the Federal Register in the Summer/Fall 2024, after which a Record 
of Determination (ROD) and Statement of Findings will be issued.

I. Instructions for Submitting Comments

    Instructions for participating in the scoping meetings are 
available at https://www.nyc.gov/site/nycha/about/pact/Chelsea-Fulton.page, along with the DSOW. The registration instructions will be 
available on NYCHA's project website a minimum of two weeks prior to 
each public meeting. NYCHA and HPD will conduct two in-person scoping 
meetings. The first will begin at 6 p.m. Eastern Standard Time 
(``EST'') on Thursday February 1, 2024 and will be held at the Hudson 
Guild Fulton Community Center on the Fulton Campus (119 9th Avenue, New 
York, NY 10011).
    The second scoping meeting will be an online scoping meeting and 
will begin at 4 p.m. EST on Monday, February 5, 2024. The meeting will 
be held via Zoom (Zoom information will be shared on the project 
website at least 10 days prior to the meeting; accessible at https://www.nyc.gov/site/nycha/about/pact/Chelsea-Fulton.page). Each meeting 
will have simultaneous Spanish, Mandarin, Cantonese, Russian and 
American Sign Language interpretation. Individuals who require 
additional special assistance, such as interpretation, captioning, or 
signing services to participate in the scoping meetings, should make 
the request by emailing <a href="/cdn-cgi/l/email-protection#4b252e3b2a142e253d0b233b2f65253228652c243d"><span class="__cf_email__" data-cfemail="29474c5948764c475f6941594d0747504a074e465f">[email protected]</span></a>.
    The third scoping meeting will begin at 6:30 p.m. EST on Wednesday, 
February 7, 2024 and will be held at the Hudson Guild John Lovejoy 
Elliott Community Center on the Elliott-Chelsea Campus (428 West 26th 
Street, New York, NY 10001).
    The date of all public scoping meetings also will be announced at 
least 15 days in advance of the meetings through a notice to be 
published in local newspapers and online on the Proposed Action's 
website at https://www.nyc.gov/site/nycha/about/pact/Chelsea-Fulton.page.

Marion McFadden,
Principal Deputy Assistant Secretary for Community Planning and 
Development.
[FR Doc. 2024-00090 Filed 1-5-24; 8:45 am]
BILLING CODE 4210-67-P


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