Notice2026-05289
Notice of Intent To Prepare an Environmental Impact Statement for the Fulton Park Redevelopment Project in Brooklyn, New York
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 18, 2026
Issuing agencies
Housing and Urban Development Department
Abstract
New York City, through the New York City Department of Housing Preservation and Development (HPD) and the New York Department of City Planning (DCP), intend to prepare an Environmental Impact Statement (EIS) for the proposed Fulton Park Redevelopment project in Brooklyn, New York. This Notice of Intent (NOI) initiates the public scoping process for the EIS and solicits public comments from interested members of the public, agencies, and tribes on the proposed project scope, purpose, and need; significant environmental issues, information, and analyses relevant to the Proposed Action; and the identification of potential alternatives to be evaluated in the EIS.
Full Text
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<title>Federal Register, Volume 91 Issue 52 (Wednesday, March 18, 2026)</title>
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[Federal Register Volume 91, Number 52 (Wednesday, March 18, 2026)]
[Notices]
[Pages 13046-13050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05289]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6610-N-01]
Notice of Intent To Prepare an Environmental Impact Statement for
the Fulton Park Redevelopment Project in Brooklyn, New York
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of intent.
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SUMMARY: New York City, through the New York City Department of Housing
Preservation and Development (HPD) and the New York Department of City
Planning (DCP), intend to prepare an Environmental Impact Statement
(EIS) for the proposed Fulton Park Redevelopment project in Brooklyn,
New York. This Notice of Intent (NOI) initiates the public scoping
process for the EIS and solicits public comments from interested
members of the public, agencies, and tribes on the proposed project
scope, purpose, and need; significant environmental issues,
information, and analyses relevant to the Proposed Action; and the
identification of potential alternatives to be evaluated in the EIS.
DATES: Comments Due: Comments in response to this notice will be
accepted during the virtual public scoping meeting to begin at 2:00
p.m. Eastern Time (ET) on Thursday, April 2, 2026; and may also be
submitted in writing until 5 p.m. ET on Monday, April 13, 2026. See
``Instructions for Submitting Comments'' below for further information.
ADDRESSES: This NOI, the Draft Scope of Work (DSOW), and supporting
documents are available on the proposed project website: <a href="https://zap.planning.nyc.gov/projects/2024K0294">https://zap.planning.nyc.gov/projects/2024K0294</a>. The documents will be provided
in hard copy upon request. Interested parties are invited to submit
comments by any of the following methods:
Email address: <a href="/cdn-cgi/l/email-protection#305e5540516f555e46705840541e5e49531e575f46"><span class="__cf_email__" data-cfemail="315f5441506e545f47715941551f5f48521f565e47">[email protected]</span></a>.
Postal mail: Department of Housing Preservation and Development,
Attn: Anthony Howard, 100 Gold Street, #7-A3, New York, NY 10038.
All submissions should include the agency name and the docket
number that appears in the heading of this notice. A summary of the
comments received will be included in the EIS.
FOR FURTHER INFORMATION CONTACT: Anthony Howard, Director of
Environmental Planning, Department of Housing Preservation and
[[Page 13047]]
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#87e9e2f7e6d8e2e9f1c7eff7e3a9e9fee4a9e0e8f1"><span class="__cf_email__" data-cfemail="600e0510013f050e16200810044e0e19034e070f16">[email protected]</span></a>,
telephone: (212) 863-7106. This is not a toll-free number. HUD welcomes
and is prepared to receive calls om individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
A. Background
New York City, through HPD, as a Responsible Entity in accordance
with 24 CFR 58.2(a)(7), and DCP, serving as lead agency in accordance
with New York State Environmental Quality Review Act (SEQRA) and New
York City Environmental Quality Review (CEQR), is issuing this NOI to
solicit comments and advise the public and agencies that an EIS will be
prepared for the proposed Fulton Park Redevelopment project in
Brooklyn, New York. As the Responsible Entity, HPD assumes
responsibility for the environmental review, decision-making, and
actions that would otherwise apply to HUD under NEPA.
Fulton Park Development LLC and HPD (the applicants) are requesting
local and Federal discretionary actions (known collectively as the
Proposed Action) to facilitate the redevelopment of two adjacent,
underutilized sites (the project area) with new open space,
residential, retail, and community facility uses across 12 new
buildings. The existing buildings within the project area contain a
total of 209 dwelling units which are subject to a project-based
Housing Assistance Payments (HAP) contract under Section 8 of the
United States Housing Act of 1937, as amended. The requested amendment
to the current HAP contract is a federal action requiring HUD approval
and subject to environmental requirements.
The proposed action has the potential to significantly affect the
quality of the human environment. NEPA (42 U.S.C. 4321 et seq.)) and
HUD's regulations (24 CFR part 58) require the preparation of an EIS.
HPD and DCP will prepare the EIS in accordance with NEPA, HUD
implementing regulations at 24 CFR part 58, and, as appropriate, the
New York State Environmental Quality Review Act (SEQRA) and the New
York City Environmental Quality Review (CEQR).
Responses to this notice will be used to: (1) refine the project
scope, (2) finalize the purpose and need, (3) determine significant
environmental issues, information, and analyses relevant to the
Proposed Action; (4) assist in developing a reasonable range of
alternatives to be considered; and (5) identify agencies and other
parties, and the basis for their involvement, that will participate in
the EIS process.
B. Project Sites
Project Area
Project Site maps are available on the project website: <a href="https://zap.planning.nyc.gov/projects/2024K0294">https://zap.planning.nyc.gov/projects/2024K0294</a>.
The Project Area comprises Brooklyn Block 1702, Lot 1; Block 1708,
Lot 1; and areas not mapped within a Tax Lot (which include the former
roadbed of closed portions of Utica Avenue and Herkimer Street) in the
Bed-Stuy neighborhood of Brooklyn Community District (CD) 3. The
Project Area contains the Fulton Park Site and the HPD Site, which are
described in detail below. The boundary of the Project Area to the west
of Utica Avenue is to be confirmed pending confirmation of the City's
property boundaries. It is assumed that no development would occur on
the portion of Block 1708, Lot 1 west of Utica Avenue (the Other Area);
this area is part of the Project Area, but it is not included in either
the Fulton Park Site or the HPD Site.
The Project Area is located within the Fulton Park Urban Renewal
Area (the Urban Renewal Area), the plan for which (the Urban Renewal
Plan) was originally adopted by the City Planning Commission in 1985
(ULURP No. C850254HUK) and by the Board of Estimate (BOE) in 1988 (Cal.
No. 16), as amended in 1993 and 2003. The Urban Renewal Plan expires on
February 11, 2028. Within the Project Area, Block 1708, p/o Lot 1 (the
portion of the Fulton Park Site south of the former Herkimer Street) is
designated as Site 7, and Block 1702, p/o Lot 1 (the portion of the
Fulton Park Site north of the former Herkimer Street) is designated as
Site 8. A portion of the HPD Site (the portion of Block 1702, Lot 1
west of Utica Avenue) is designated as Site 8a. Easements run between
Sites 7 and 8, and both south and west of Site 8a. Both Sites 7 and 8
are limited to ``Residential Use'' under the Urban Renewal Plan, which
is defined to include residential uses, community facilities, limited
recreational facilities, and local retail. Site 8a is indicated as
``Public and Quasi-Public'', defined as public and community facility
uses including schools, libraries, community centers, hospitals,
nursing homes, and health related facilities. On Site 7, there is a
supplemental control that states that no building shall be built within
10 feet of the north line of Atlantic Avenue in order to set back from
the elevated train tracks within Atlantic Avenue. Building bulk is
otherwise permitted by the Zoning Resolution, and the Urban Renewal
Plan explicitly permits zoning map amendments.
The Project Area is located entirely within an R6B zoning district.
R6B districts are medium-density districts that require contextual
development pursuant to contextual bulk, height, and setback
regulations. R6B zoning districts are designated for single- and multi-
family residential use, although multi-family apartment buildings are
most commonly found within such districts. R6B zoning districts allow
2.0 FAR for residential uses, 2.40 for Qualifying Affordable Housing
(QAH; including Universal Affordability Preference [UAP]), and 2.0 for
community facility uses. Base heights range from a minimum of 30 feet
to a maximum of 45 feet and the maximum building height permitted is 55
feet (65 feet with QAH).
Fulton Street has a width of 80 feet and is a ``Wide Street'' as
defined in the New York City Zoning Resolution (ZR) Section 12-10.
Atlantic Avenue has a width of 120 feet and is a Wide Street. Herkimer
Street is 70 feet in width and is a ``Narrow Street'' as defined in ZR
Section 12-10. Utica Avenue has a width of 70 feet and is a Narrow
Street, but functions as a Wide Street within the context of the
surrounding neighborhood because it serves as a major corridor,
supports public transit, and has wide sidewalks. Rochester Avenue has a
width of 70 feet and is narrow Street. Hunterfly Place has a width of
50 feet and is a narrow Street.
The Project Area is also located in the Inner Transit and FRESH
Zones. The Inner Transit Zone provides special lower accessory parking
requirements. As such, no accessory off-street parking is required for
newly developed dwelling units. FRESH Zones provide discretionary tax
and zoning incentives through the New York City Industrial Development
Agency for the establishment and retention of grocery stores in
underserved communities. The Project Area is eligible for zoning and
discretionary tax incentives under this program.
The Project Area is well served by public transportation. The A and
C subway lines run along Fulton Street, and the Utica Avenue station is
located directly across Utica Avenue and Fulton Street from the Project
Area with entrances on both the north and south sides of Fulton Street.
There are multiple bus lines serving the Project
[[Page 13048]]
Area. The B25 runs primarily along Fulton Street and stops immediately
adjacent to the Project Area near the intersection of Fulton Street and
Utica Avenue. The B46 runs primarily along Utica Avenue and stops
immediately adjacent to the Project Area at the intersections Utica
Avenue with both Fulton Street and Atlantic Avenue.
Development Sites and Other Area
Fulton Park Site
The Fulton Park Site is an irregularly shaped superblock comprising
(1) the portions of Block 1702, Lot 1 and Block 1708, Lot 1 that are
east of Utica Avenue and (2) a segment of the former roadbed of
Herkimer Street that is located between Utica Avenue and Hunterfly
Place that was discontinued and closed in 1983. The Fulton Park Site
includes a total lot area of approximately 268,100 square feet (SF),
and is bounded by Fulton Street to the north, Rochester Avenue and
Hunterfly Place to the east, Herkimer Street and Atlantic Avenue to the
south, and Utica Avenue to the west. There is an easement for water and
sewer running through the former bed of Herkimer Street between the
northern and southern portions of the Fulton Park Site. There are also
several National Grid and Consolidated Edison (ConEd) easements
traversing the site from east to west.
The Fulton Park Site includes 37 three-story multifamily buildings,
that contain 209 existing housing units, and one single-story accessory
management office building (known collectively as Existing Buildings)
and surface parking lots. As noted above, the existing housing units
are subject to a project-based HAP contract under Section 8 of the
United States Housing Act of 1937, as amended. Originally built in the
early 1980s, the Existing Buildings are configured as part of a low-
scale tower-in-the-park superblock. The Existing Buildings include a
total of approximately 214,111 SF of residential space. One of the
surface parking lots, located in the former roadbed of Herkimer Street,
contains approximately 45 parking spaces for use exclusively by
existing housing units' residents. There is also an unused paved area
along Atlantic Avenue that was once used as a parking lot but is now
not accessible to residents or the public. There are landscaped lawns
and pedestrian pathways running throughout the site, spaces which are
generally underutilized.
The Fulton Park Site is subject to restrictive, disposition, and
regulatory agreements related to the Existing Buildings and Housing
Units; however, it is not anticipated that amendments would require
additional City Planning Commission (CPC) actions beyond the Proposed
Action described below.
HPD Site
The HPD Site comprises (1) the portion of Block 1702, Lot 1 west of
Utica Avenue and (2) the area between the western boundary of Block
1702, Lot 1 and the eastern boundary of Block 1701, Lot 1 (this area is
not part of a Tax Lot; it is the former roadbed of Utica Avenue). The
HPD Site is bounded by Fulton Street to the north, Utica Avenue to the
east, the former roadbed of Herkimer Street to the south, and the
eastern boundary of Block 1701, Lot 1 to the west. The former roadbeds
of Utica Avenue and Herkimer Street are mapped on the HPD Site, along
with a 35-foot-wide sewer easement. The lot area of the HPD Site is
assumed to be approximately 38,514 SF, though the square footage and
the City's property boundaries are subject to confirmation. The HPD
Site is currently vacant. The central portion of the site is surrounded
by a chain-link fence and overgrown with trees. On the northern portion
of the site, there is a paved pedestrian path providing access to an
entrance to the Utica Avenue subway station located near Fulton Street.
There is a single temporary structure on the site: a New York Police
Department (NYPD) guardhouse located at the corner of Fulton Street and
Utica Avenue.
The HPD Site was identified by HPD in its Bedford-Stuyvesant
Housing Plan as the Fulton-Utica Site. The Housing Plan states that
development proposals for the site should incorporate community
facility uses and programming that incorporate youth enrichment
activities and recreation. The site design should improve the
pedestrian experience, and amenities should be catered to the
historically underserved neighborhood.
Other Area
Although included in the Project Area, no development would occur
in either the portion of Block 1708, Lot 1 west of Utica Avenue or the
area south of Block 1702, Lot 1 and north of Block 1708, Lot 1 (this
area is not part of such Tax Lots; it is the former roadbed of Herkimer
Street). This area is unimproved. The total area west of Utica Avenue
to be rezoned is approximately 66,642 SF which comprises the 38,514 SF
HPD Site and approximately 28,128 SF of area where no development would
occur.
C. Preliminary Purpose and Need
The purpose and need statement establishes the basis for developing
and evaluating a range of reasonable alternatives for environmental
review and assists with the identification of a Preferred Alternative.
The purpose of the Proposed Action is to improve site conditions in
the Project Area consistent with statutory requirements, approved
plans, zoning requirements, and existing agreements.
The needs of the Proposed Action are:
--Provide affordable and market rate housing;
--Incorporate community facility and other uses in the Project Area
consistent with approved plans;
--Rehabilitate underutilized public spaces; and
--Facilitate the direct relocation of tenants in existing housing units
into new housing units.
D. Preliminary Description of Alternatives the EIS Will Consider
Consistent with Section 102(2)(C)(iii) of NEPA, the EIS will
examine a reasonable range of alternatives, including an analysis of
any negative environmental impacts of not implementing the proposed
agency action in the case of a no action alternative, that are
technically and economically feasible, and meet the purpose and need of
the proposal. As a result of the project planning efforts to date, the
alternatives currently proposed for evaluation in the EIS include:
(a) No Action Alternative;
(b) Preferred Alternative; and
(c) No Unmitigated Significant Adverse Impacts Alternative.
The No Action Alternative assumes no major rehabilitation or
improvements to the Project Area. Only routine maintenance would be
completed to maintain housing and sites for residents and the public.
At some point, maintenance repairs would no longer be cost effective,
and the deteriorating site conditions could result in additional
underutilization of the Project Area. Additionally, it would not be
feasible to develop affordable nor market rate housing in the Project
Area under the No Action Alternative.
The Preferred Alternative would redevelop the underutilized Fulton
Park and HPD sites with a mixed-use development program that responds
to the needs of the community, allows for the provision of new
community facility space, updates and improves the site layout and
connectivity, builds a substantial amount of new affordable and market
rate housing, and relocates tenants of the existing housing units
[[Page 13049]]
into new housing units. By facilitating the development of
approximately 2,035 dwelling units (DUs) (including 209 Section 8 DUs
as replacements for the existing housing units, 351 100-percent
affordable DUs at the HPD Site, and 337 to 505 new permanently-
affordable units pursuant to Mandatory Inclusionary Housing (MIH)), the
Preferred Alternative would help address the needs of Brooklyn CD 3 and
would be in support of the goals and objectives of several applicable
public policies aiming to address the needs for affordable housing
throughout the City. Such policies include the Bedford-Stuyvesant
Housing Plan, Housing Our Neighbors: A Blueprint for Housing and
Homelessness, and Where We Live NYC.
The Preferred Alternative would seek the following local actions
with respect to the Project Area:
--Urban Development Action Area Project (UDAAP) designation, project
approval, and disposition of city-owned property at Block 1702, p/o Lot
1 (the HPD Site).
--Amendment to the Second Amended Fulton Park Urban Renewal Plan (URP)
to reflect the disposition action above and amend the use designation
of (i) the HPD Site (Site 8A of the URP) from Public/Quasi-public land
to Residential and/or Commercial and (ii) the Fulton Park Site (Sites 7
and 8 of the URP) from Residential to Residential and/or Commercial.
An amendment of Zoning Map 17a to rezone Brooklyn Block 1702, Lot
1, and Block 1708, Lot 1 from an R6B to (A) an R8X/C2-4 zoning district
beginning at the intersection the centerline of Atlantic Avenue and the
extension of the western street line of Utica Avenue a boundary line
perpendicular to Atlantic Avenue running north approximately 679'-0''
to the centerline of Fulton Street, then east a distance of 514'-2'',
then south perpendicular to Fulton Street a distance of 100' from the
southern Fulton Street street line, then west a distance of 119'-3''
parallel to Fulton Street, then at an angle of 124 degrees in the south
westerly direction a distance of 134'-1'' parallel to Utica Avenue,
then south in a line perpendicular to Atlantic Avenue a distance of
243'-5'', then east parallel to Atlantic Avenue to the centerline of
Hunterfly Place, then along the centerline of Hunterfly Place to the
centerline of Atlantic Avenue, then along Atlantic Avenue to the
westerly side of Utica Avenue; (B) an R7D/C2-4 zoning beginning in the
midpoint of Rochester Avenue westerly a distance of 250' along the
centerline of Fulton Street, then south a distance of 140'
perpendicular to Fulton Street, then 250' easterly to the centerline of
Rochester Avenue, then north along the centerline of Rochester Avenue
to the centerline of Fulton Street; (C) an R6D zoning district
beginning at the intersection of the centerlines of Herkimer Street and
Rochester Avenue along the centerline of Herkimer Street to the
intersection with the centerline of Hunterfly Place, then along the
centerline of Hunterfly Place a distance to 222'-11'', then westerly
244'-7'' parallel to Atlantic Avenue, then north perpendicular to
Atlantic Avenue a distance of 243'5'', then at an angle in the north
westerly direction a line parallel to Utica Avenue a distance of 134'-
1'', then in the easterly direction a line parallel to Herkimer Street
to the centerline of Rochester Avenue, then along the centerline of
Rochester Avenue to the centerline of Herkimer Street.
--An amendment to the text of Appendix F of the Zoning Resolution to
designate the Project Area as an MIH Area, as required by the MIH
program. Such designation will facilitate the replacement of the
existing housing units and creation of new permanently affordable
dwelling units. As identified in the City's housing plans and in
various local planning efforts, the City is in dire need of affordable
housing. Consistent with such needs, the Proposed Development will
create a substantial amount of new affordable housing units.
--An authorization to modify the location and width of curb cuts as
required under 25-631 pursuant to 25-631 (f)(2). The curb cuts, as
currently proposed, would be 12 feet wide and located in the same
locations as the existing 35-foot wide curb cuts on Utica Avenue and at
the intersection of Hunterfly Place and Herkimer Street. The proposed
curb cuts decrease the degree of existing non-compliance with the
applicable curb cut location and width requirements.
--In addition, the Applicants are seeking the following Federal action:
HUD approval to amend the current HAP contract that covers the 209
existing units on the site.
--It is possible that the Applicants could seek additional funding or
financing through discretionary State actions at a later date. The
environmental review for the Preferred Alternative under CEQR also
satisfies SEQRA.
Alternatives may be revised based on the consideration of public
and agency comments. The range of reasonable alternatives will be
finalized after consideration of comments received during the comment
period on this notice and will be documented in the Draft EIS.
E. Expected Environmental Effects and Anticipated Permits and Other
Authorizations
The EIS will evaluate the reasonably foreseeable environmental
impacts resulting from the implementation of a reasonable range of
alternatives. The following resources and issues have been identified
for evaluation in the EIS and supporting documents: Land Use, Zoning,
and Public Policy; Socioeconomic Conditions; Community Facilities and
Services; Open Space; Shadows; Historic and Cultural Resources/Historic
Preservation; Urban Design and Visual Resources; Natural Resources;
Hazardous Materials; Water and Sewer Infrastructure; Transportation;
Air Quality; Greenhouse Gas Emissions and Climate Change; Noise; Public
Health; Neighborhood Character; Construction; and Effects on
Disadvantaged Communities.
The DSOW includes a preliminary list of anticipated permits and
approvals from Federal and local agencies. DCP and HPD will coordinate
with appropriate Cooperating Agencies, Participating Agencies, and
entities for compliance with Federal, state, and local laws. DCP and
HPD invite all interested parties to participate in the Public Scoping
Meeting.
F. Description of Scoping Process and Schedule for the Decisionmaking
Process
The publication of this NOI initiates the public scoping period.
All interested Federal, state, and local agencies; Indian Tribes; and
the public are invited to comment on the scoping documents, including
comments on the identification of potential alternatives and
significant environmental issues, 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 Area that DCP and HPD should consider in the Draft
Environmental Impact Statement (DEIS) are invited to submit comments,
as Cooperating Agencies and Participating Agencies, to the individuals
named in this NOI.
No decisions about the project will be made at the Public Scoping
Meeting.
After the public scoping period, DCP and the Applicants will
compile comments received to develop a Final Scope of Work for the DEIS
and will
[[Page 13050]]
prepare the DEIS. The DEIS will analyze the potential environmental
effects of the chosen alternatives that meet the Proposed Action's
purpose and need. Once the DEIS is complete, it will be made available
to the public through a Notice of Availability posted in the Federal
Register and on <a href="https://zap.planning.nyc.gov/projects/2024K0294">https://zap.planning.nyc.gov/projects/2024K0294</a>. A
Notice of Availability of the DEIS is anticipated to be published in
the Spring of 2026. A minimum 45-day public comment period will
commence on the date of publication, and a public hearing will be held
during that period. Additionally, the availability of the DEIS and
public comment opportunities will be announced through public notices,
public mailings, and local news media.
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 Fall
2026, after which it is anticipated a Record of Decision (ROD) will be
issued.
G. Instructions for Submitting Comments
The DSOW is available on the project website, located at <a href="https://zap.planning.nyc.gov/projects/2024K0294">https://zap.planning.nyc.gov/projects/2024K0294</a>. Instructions for participating
in the public scoping meeting are available at <a href="https://www.nyc.gov/content/planning/pages/calendar">https://www.nyc.gov/content/planning/pages/calendar</a>. Instructions for joining the scoping
meeting will be posted on DCP's website the day of the meeting. To
continue to allow for broad public participation options, DCP will hold
the public scoping meeting remotely. The meeting will begin at 2 p.m.
ET on Thursday, April 2, 2026.
Individuals who require additional special assistance, such as
interpretation, captioning, or signing services to participate in the
public scoping meeting, should make the request by emailing
<a href="/cdn-cgi/l/email-protection#aecfcdcdcbddddc7ccc7c2c7dad7eedec2cfc0c0c7c0c980c0d7cd80c9c1d8"><span class="__cf_email__" data-cfemail="432220202630302a212a2f2a373a03332f222d2d2a2d246d2d3a206d242c35">[email protected]</span></a> by 5 p.m. ET on March 18, 2026.
Benjamin Hobbs,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2026-05289 Filed 3-17-26; 8:45 am]
BILLING CODE 4210-67-P
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