Appendix E LWRP Consistency Letter

NYC Department of City Planning

DEPARTMENT OF CITY PLANNING CITY OF NEW YORK

WATERFRONT AND OPEN SPACE PLANNING

Marisa Lago, Director Department of City Planning

September 17, 2018

Mr. Matthew Maraglio

New York State Department of State

Office of Planning, Development & Community Infrastructure

99 Washington Avenue, Suite IO I 0

Albany, NY 1223 I

Re: Sea Gate Community Upland Bulkhead Repair

3700 Surf Avenue, Brooklyn, NY

WRP #18-129

DOS# F-2018-0826

Dear Mr. Maraglio:

We received your request for comments on the project as described below for consistency with the

policies and intent of the New York City Waterfront Revitalization Program (WRP).

Sea Gate Community Upland Bulkhead Repair

Department of Homeland Security and Emergency Services (DHSHES) requests federal financial

assistance for the reconstruction of 1,900 linear feet of bulkhead along the western & southern

shores of Sea Gate in Brooklyn, NY. The proposed project will replace deteriorated bulkheads

in order to provide a contiguous level of flood protection.

Based on our review of the materials provided, as well as subsequent information shared with DCP

from the consultant and representatives of Sea Gate Association in a meeting on September 13, 2018,

our comments on the relevant policies are as follows:

Policy 6.1: Minimize losses from flooding and erosion by employing non-structural and structural management measures appropriate to the site, the use of the property to be protected, and the surrounding area.

Based on information provided to DCP at a meeting on September 13, 2018, this project

appears to advance this policy. DCP has requested that the applicant provide more detail in

their policy response on how the project is design to minimize the potential for erosion of sand,

particularly in areas where the seawall is close to the shoreline.

Policy 6.2: Integrate consideration of Integrate consideration of the latest New York City projections of climate change and sea level rise (as published in New York City Panel on Climate Change 20 I 5 Report, Chapter 2: Sea Level Rise and Coastal Storms) into the planning and design of projects in the city's Coastal Zone.

This project appears to advance this policy, though DCP has requested that the applicant should

provide more detail on how the project is designed to incorporate sea level rise projections by

completing the Flood Elevation Worksheet and providing policy responses in accordance with

DCP's Climate Change Adaptation Guidance document.

Policy 8. I: Preserve, protect, maintain, and enhance physical, visual and recreational access to the waterfront

The project appears to advance this policy based on what was described to DCP by the Sea

Gate Association representatives at a meeting on September 13, 2018. There is currently public

access along the northern shores of the community, extending west from Coney Island Creek

Park. This public access would be preserved and not affected by this proposal. DCP has

requested that the applicant describe this element in more detail in their policy responses.

Policy 8.2: Incorporate public access into new public and private development where compatible with proposed land use and coastal location.

Policy 8.2 (b): All development on the shoreline, including industrial development, that receives public financial assistance, or is on publicly owned land, should, to the extent practicable, provide some form of public access unless one of the following criteria is demonstrated: Public access would be inconsistent with the functional and operation needs of the proposed facility and would create risk to public safety and/or security. For instance, public access would not be consistent with Federal Port security zones; Public access would not be safely accessible from upland areas and other public access areas.

Although this project does constitute public financial assistance as described in Policy 8.2(6), the

representatives from Sea Gate Association, in a meeting on September 13, 2018, confirmed that

the public has access and will continue to have access to the waterfront along the bayside after

the completion of the project. Moreover, as clarified at the meeting, the project is limited to

the replacement of existing bulkheads, and therefore appears to be almost entirely replacement

in-kind. As such, consistency with this policy does not necessitate the creation of additional

public access is not required.

This finding is only applicable to the information received, as well as what was presented at the

September 13, 2018 meeting. Any additional information or project modifications would require an

independent consistency review.

Michael Marrella, Director 120 Broadway, 31st Floor, New York, NY 10271 , (212) 720-3626

nyc.gov/planning

For your records, this project has been assigned WRP # 18-129. If there are any questions regarding

this review, please contact me.

Sincerely,

)1\J-Q ~ · t ,___L -

Michael Marrella

Director, Waterfront and Open Space Division

New York City Department of City Planning

cc: Sheila Hascall, New York Division of Homeland Security and Emergency Services

Kristine Sinkez, Ardurra Group

Barbara Garofalo, Sea Gate Association

David Wynn, Sea Gate Association

Michael Marrella, Director 120 Broadway, 31 st Floor, New York, NY 10271 , (212) 720-3626

nyc.gov/planning