Andrew M.

Cuomo

Board of Directors

Governor
Charlene M. Indelicato
President/Chief Executive Officer
Donald D. Lewis
Vice President/General Counsel

Roosevelt Island Operating Corporation

of the State of New York
591 Main Street, Roosevelt Island, NY 10044
T: (212) 832-4540 F: (212) 832-4582
http://rioc.ny.gov

Darryl C. Towns, Chairperson

Fay Fryer Christian
Dr. Katherine Teets Grimm
David Kraut
Robert L. Megna
Howard Polivy
Michael Shinozaki
Margaret Smith

Agenda Item V, 7. December 12, 2013

PROPOSED RESOLUTION
AUTHORIZATION TO ENTER INTO AN AMENDMENT OF THE MASTER
LEASE WITH THE CITY OF NEW YORK AND TO TAKE RELATED
ACTIONS IN CONNECTION WITH THE CORNELL TECH CAMPUS
DEVELOPMENT, INCLUDING MAKING ENVIRONMENTAL FINDINGS
AND ENTERING INTO A DEVELOPMENT AGREEMENT AND OTHER
RELATED AGREEMENTS
______________________________________________________________________________
WHEREAS, the Roosevelt Island Operating Corporation (the Corporation) is
desirous to: (1) amend the Master Lease with the City of New York (the City) to exclude the
2.62 acre surrounding site (the Parcel), so that it may be incorporated into the Citys 9.8 acre
Goldwater Site (the Goldwater Site) for the Cornell Tech Campus; (2) approve and adopt the
State Environmental Quality Review Act (SEQRA) Findings Statement; (3) execute the Letter
of Resolution regarding State Historic Preservation Act (SHPA); (4) enter into agreements
with the State of New York (the State), Cornell University (Cornell), and New York City
Economic Development Corporation (NYCEDC), including a Development Agreement with
Cornell; and (5) authorize all related actions.
IT IS HEREBY RESOLVED by the Board of Directors of the Corporation as follows:
1. that on the basis of the materials presented to the Directors at this meeting, a copy of
which is hereby ordered to be filed with the records of the Corporation (the Materials),
the Corporation hereby makes and adopts the SEQRA Findings Statement attached as
Exhibit E to the Materials, substantially on the terms and conditions set forth in the
Materials;
2. that in addition to the mitigation commitments set forth in the SEQRA Findings
Statement, the Development Agreement between the Corporation and Cornell shall
include the additional project commitments by Cornell relating to parking management
during operation; construction protocols; bus service; barging of materials; and other
commitments related to transportation and construction;
3. that on the basis of the Materials, the Corporation is hereby authorized to execute the
Letter of Resolution with respect to mitigation under the State Historic Preservation Act,
substantially in the form attached as Exhibit F to the Materials;

4. that the Corporation hereby determines, after giving due consideration to the appraisals of
the Parcel, and the Citys intent to develop the Goldwater Site for the Campus, that the
proposed transfer is within the purpose, mission and governing statute of the Corporation
and there is no reasonable alternative that would result in the same benefits to the public
or achieve the same purpose of the proposed transfer;
5. that on the basis of the Materials, the Corporation is hereby authorized to amend the
Master Lease with the City to exclude the Parcel, so that it may be combined into the
Goldwater Site, to create the 12.4 acre site for the Cornell Tech Campus, substantially on
the terms and conditions set forth in the Materials;
6. that on the basis of the Materials, the Corporation is hereby authorized to enter into the
Development Agreement and other agreements with the State, Cornell and NYCEDC,
substantially on the terms and conditions set forth in the Materials;
7. that the President/Chief Executive Officer or her designee(s) be, and each of them hereby
is, authorized in the name and on behalf of the Corporation to execute and deliver, and
affix the seal of the Corporation to, all such agreements, contracts, deeds, certificates and
instruments and to take any such action as may be considered to be necessary or proper to
effectuate the surrender of the Parcel back to the City pursuant to an amendment of the
Master Lease and to implement the transaction set forth in the Materials;
8. that the President/Chief Executive Officer or her designee(s) be, and each of them hereby
is, authorized in the name and on behalf of the Corporation to take all such actions as are
necessary to implement the transaction set forth in the Materials; and
9. that this resolution shall take effect immediately.

Andrew M. Cuomo

Board of Directors

Governor
Charlene M. Indelicato
President/Chief Executive Officer
Donald D. Lewis
Vice President/General Counsel

Roosevelt Island Operating Corporation

of the State of New York
591 Main Street, Roosevelt Island, NY 10044
T: (212) 832-4540 F: (212) 832-4582
http://rioc.ny.gov

Darryl C. Towns, Chairperson

Fay Fryer Christian
Dr. Katherine Teets Grimm
David Kraut
Robert L. Megna
Howard Polivy
Michael Shinozaki
Margaret Smith

MEMORANDUM
To:

Board of Directors

From:

RIOC Staff

Re:

Cornell NYC Tech Project (the Project)

Date:

December 10, 2013

This Memorandum and the transactions described herein have been facilitated by the Empire
State Development staff.
REQUEST FOR:
Authorization to amend the Master Lease (the Master Lease) between The City of New York
(the City) and Roosevelt Island Operating Corporation (RIOC) to exclude from the Master
Lease the 2.62 parcel (the Parcel) surrounding the Citys 9.8 acre Goldwater Site (the
Goldwater Site), so that it may be incorporated into Cornells NYC Tech Campus (the
Campus or the Project Site).
BACKGROUND
RIOC was created by the New York State Legislature in 1984. RIOCs mandate is to manage,
develop and operate the 147 acres of Roosevelt Island. RIOC has promoted the development of
a mixed use, residential and commercial community that is home to more than 14,000
residents. RIOC provides municipal services that include security, waste disposal, tramway
service, Red Bus service, maintenance and landscaping, and parking in the Motorgate Parking
Facility.
The purpose of the Project is to provide a campus to focus on research in the applied sciences
and fields of study related to the technology sector that will offer graduate degrees only. An
important goal of the Project is to maintain and increase New York Citys global
competitiveness, diversify the Citys economy, drive economic growth, and create jobs for New
Yorkers.
Zoning amendments have been instituted to create a Special District for the Campus. The
Special District goals include the following specific purposes:

To provide opportunities for the development of an academic and research and

development campus in a manner that benefits the surrounding community;
To allow for a mix of residential, retail and other commercial uses to support the
academic and research and development facilities and complement the urban
fabric of Roosevelt Island;
To establish a network of publicly accessible open areas that take advantage of
the unique location of Roosevelt Island and that integrate the Campus into the
network of open spaces on Roosevelt Island and provide community amenities;
To strengthen visual and physical connections between the eastern and western
shores of Roosevelt Island by establishing publicly accessible connections
through the Special District and above grade view corridors;
To provide flexibility of architectural design within limits established to assure
adequate access of light and air to the street and surrounding waterfront open
areas, and thus to encourage more attractive and innovative building forms; and
To provide the most desirable use of land in this area and thus conserve the
value of land and buildings.
A description of the Project is attached hereto as Attachment A.
PAAA COMPLIANCE
Cornell University (Cornell) seeks an amendment to the Master Lease, to exclude the Parcel
from the Master Lease, so that it may be incorporated into the Project Site and leased by the
City to Cornell. The proposed consideration for the transfer of RIOCs interest in the Parcel, as
set forth below, is below the fair market value as determined by 2 independent appraisals
performed on behalf of RIOC and without publicly advertising for bids.
In accordance with the Public Authorities Accountability Act, as most recently amended
(PAAA), two appraisals of the Parcel have been prepared. Jerome Haims Realty, Inc., an
independent appraiser, appraised the fair market as is value at $24,000,000 as of March 8,
2013. KTR Real Estate Advisors LLC, an independent appraiser, appraised the fair market as is
value at $90,000,000 as of May 22, 2013. The Haims appraisal has been assessed more credible
than the KTR appraisal because the Haims appraisal is based on residential development that
would have been allowed by zoning prior to the creation of the special zoning district for the

Project. Moreover, the Haims appraisal discounted for the irregular shape of the Parcel,
whereas the KTR appraisal did not. 1
PAAA Section 2897(7)(a)(ii) permits the disposal of property for less than fair market value and
without public bidding if the purpose of the transfer is within [RIOCs] purpose, mission or
governing statute. RIOCs mandate is to manage, develop and operate the 147 acres of
Roosevelt Island as a mixed use, residential and commercial community. The proposed transfer
of RIOCs interest in the Parcel will further these goals by allowing the development of a
campus in a manner that benefits the surrounding community, and allows for a mix of
residential, retail and other commercial uses to support the campus and complement the urban
fabric of Roosevelt Island.
Given that the City has agreed to transfer the Goldwater Site to Cornell, ESD and RIOC Staff
believe and recommend that the Directors determine, as contemplated by the PAAA, that the
proposed transfer is within the mission, purpose and governing statute of RIOC and there exists
no reasonable alternative that would result in the same benefits to the public or achieve the
same purpose of the proposed transfer.
Finally, PAAA Section 2897(7)(b) requires disclosure of the following information:
(i)

Full property description: approximately 2.62 acres of undeveloped land

surrounding the Goldwater Site. See Map at Attachment B.

(ii)

Haims Appraisal: $24,000,000 as of March 8, 2013 and KTR Appraisal:

$90,000,000 as of May 22, 2013. The Haims appraisal has been assessed as
more credible than the KTR appraisal for the reasons set forth above.

(iii)

Purpose of transfer; statement of public benefit: the purpose of the transfer is to

permit Cornell to build the NYC Tech Campus, which will benefit the surrounding

Both appraisers use a Sales Comp approach, and although they use different comps, both
conclude at a value of $125 per SF of developable area (DA). They also agree on total lot size
at 113,912 SF. Therefore, the vast value difference is based on (1) Haims use of a residential
zoning FAR, which is more credible given the prevailing development character of the Island
and (2) Haims finding that the highly irregular in shape [of the parcel, which] could not be
developed to maximize all of its development potential independently, and therefore, by
analogy to TDRs, makes the 50% discount. KTR makes no configuration adjustment.

Zoning
FAR
DA
Discount

KTR
C4 5
6.5
740,428
None

Haims
R7 2
3.44
391,857
50%

community and complement the urban fabric of Roosevelt Island as set forth
more fully in the Environmental Impact Statement adopted by the NYC City
Planning Commission on March 8, 2013.
(iv)

Value to be received by RIOC: the benefits set forth below in Terms of Transfer

(v)

Private participants and value to be received: Cornell will receive the Parcel
through a lease with the City. The value of the Parcel is subject to different
appraisals and different values determined by RIOC, the City and Cornell.

(vi)

Other offers: none, due to the fact that the City has agreed to lease the
Goldwater Site to Cornell.

TERMS OF THE TRANSFER

A summary of terms set forth below have been agreed upon by RIOC, the State, Cornell, the
City in exchange for RIOC surrendering the Parcel back to the City. Many of the non financial
terms reference Cornells commitments made in its letters to David Karnovsky dated March 19,
2013 (the Karnovsky Letter) a copy which is attached hereto as Attachment C and Jessica S.
Lappin dated May 2, 2013 (the Lappin Letter), a copy which is attached hereto as Attachment
D:
RIOC CONTRIBUTION

Surrender of the 2.6 acre RIOC site surrounding the City

Goldwater Site (the Parcel) under the Master Lease to the
City to be incorporated with the City Goldwater Site to
comprise the 12.4 acre Campus. The City will lease the
Project Site to New York City Land Corporation for 99 years
which will assign the lease to Cornell.
RIOC commissioned 2 appraisals for the Surrounding Site
which valued such site at $24 million (Haims Appraisal) and
$90 million (KTR Appraisal). The Haims Appraisal has been
assessed as more credible for several reasons.

STATE CONTRIBUTION

(i) $1,000,000 annually for 55 years payable to RIOC

(escalating 2.5% every 10 years) in accordance with State
budgetary procedure, or
(ii) an equivalent amount to support capital infrastructure
improvements on RIOC as determined in accordance with
State budgetary procedure.

CORNELL
CONTRIBUTION

$400,000 annually for 55 years payable to RIOC (escalating

2% every 10 years).
Execution of a Development Agreement with RIOC
evidencing this payment plus the following material
commitments to be implemented by or on behalf of Cornell
at Cornells sole cost:
Mitigation under SEQRA identified in RIOC findings
statement and other materials 2 ;
Mitigation under SHPA;
Infrastructure Improvements on, around, and under Loop
Road (includes roadway work, sewers, relocation of electrical
duct banks, and gas service);
Parking commitment 3 ;
Red Bus commitment during construction 4 ;
Barging where feasible 5 ;
Access to the RIOC premises under permits and License
Agreements providing work plans, bonding and insurance,
and incorporating construction protocols, all approved by
RIOC;
Construction and truck trips on and off Roosevelt Island may
occur between 7 am to 6 pm to coincide with standard NYC
Department of Buildings (DOB) hours; variances from such
will be approved by RIOC in its reasonable discretion;
Air and Noise Pollution Mitigation;
Payment for RIOC Engineer and RIOC Consultant to review
Work Plans for work to occur on the RIOC Premises and to
monitor performance of work by Cornell or its agents
pursuant to Work Plans;
Ensure Safe Pedestrian and Vehicular Access to areas south
of the Cornell Site (RIOCs request for in bound access was
not agreed to);
Repair of damage on Roosevelt Island caused by Cornell or
its agents;
General indemnification for work performed by Cornell or its
agents;
Environmental indemnification for environmental liabilities
caused by Cornell or its agents; and
Increased security by Cornell at southern end of Roosevelt

See Karnovsky Letter.

See Paragraph C (Parking) and the Parking portion of Exhibit B of the Lappin letter.
4
See Paragraph H (Red Bus Service) of the Lappin Letter.
5
See Paragraph G of the Lappin Letter.
3

Island
CITY CONTRIBUTION
Via (NYC Economic
Development
Corporation (EDC)

Execution of a Side Letter between RIOC and EDC evidencing

the following payment and commitments by the EDC:
$70,000 in payment for one time legal fees accrued by RIOC
for SEQRA related issues in connection with the transaction.
NYCEDC, in its role as lease administrator, agrees to meet
with the Roosevelt Island Operating Corporation (RIOC) on
a quarterly basis, beginning on or about February 14, 2014
until completion of the Full Build as defined in the Cornell
Lease, in order for RIOC to have the opportunity to brief
NYCEDC on Cornells compliance (or lack thereof) in
connection the commitments set forth in the Lappin Letter in
Paragraph A (Construction Practices), Paragraph B (Security),
Paragraph C (Parking), Paragraph G (Barging), Paragraph H
(Red Bus Service), Exhibit A (Construction Noise Control and
Air Quality), the Construction Measures portion of Exhibit
B, and the Parking portion of Exhibit B.
Pursuant to such briefings, if RIOC disagrees with NYCEDCs
enforcement of a commitment that Cornell has made
through the Lappin Letter, RIOC, in its sole discretion, has the
right to commence mediation with the Governors Office and
the Mayors Office to reach a resolution, which mediation
shall promptly commence within five (5) business days from
the receipt of the written request from RIOC.
If RIOC disagrees with NYCEDCs enforcement of a
commitment in the interim period between quarterly
meetings with NYCEDC, RIOC, in its sole discretion, has the
right to mediation with the Governors Office and the
Mayors Office, which mediation shall promptly commence
within five (5) business days from the receipt of the written
request from RIOC.

ESD CONTRIBUTION

ESD is waiving its fees in connection with facilitating the

transaction.

NON DISCRIMINATION AND CONTRACTOR & SUPPLIER DIVERSITY

Not Applicable.

ENVIRONMENTAL REVIEW
The Directors are being requested to adopt the SEQRA Findings Statement, attached hereto as
Attachment E. The Directors have also been asked to authorize RIOC to enter into the Letter of
Resolution, attached hereto as Attachment F with respect mitigation under the State Historic
Preservation Act (SHPO).
RECOMMENDATION
Based on the foregoing, the approval of the requested action is recommended.
ATTACHMENTS
Resolution
A Description of the Project
B Map of Parcel
C Karnovsky Letter
D Lappin Letter
E SEQRA Findings Statement
F Letter of Resolution re: SHPO
The final Environmental Impact Statement is available at:
http://www.nyc.gov/html/oec/html/ceqr/12dme004m_feis.shtml

ATTACHMENT A
PROJECT DESCRIPTION

Phase 1 will include approximately 790,000 square feet of development

including approximately 200,000 square feet of academic space,
approximately 100,000 square feet of corporate co location space,
approximately 300,000 square feet of residential space (approximately
442 units) and approximately 170,000 square feet of hotel and
conference facilities and approximately 1.3 acres of open space.
Phase 2 will include approximately 1.34 million square feet of
development including approximately 420,000 square feet of academic
space, approximately 400,000 square feet of corporate co location
space, and approximately 500,000 square feet of residential space and
a total of a minimum of 2.5 acres of open space. Both phases may
include additional central utility space on the Project Site.
Location:

The Project Site will be located on an approximately 12.4 acre site to

the south of the Queensborough Bridge that is currently occupied by
Goldwater Memorial Hospital. It will be ringed by various mapped
streets including the North Loop Road, West Loop Road, South Loop
Road and East Loop Road. Public access to the existing waterfront
esplanades, Four Freedoms State Park, and Southpoint Park will not be
impacted by the Project.

ATTACHMENT B
MAP OF THE PARCEL

ATTACHMENT C
KARNOVSKY LETTER
Attached

ATTACHMENT D
LAPPIN LETTER

Attached

ATTACHMENT E
SEQRA FINDINGS STATEMENT

Attached

FINDINGS STATEMENT
STATE ENVIRONMENTAL QUALITY REVIEW ACT
This Findings Statement has been prepared in accordance with Article 8 of the Environmental
Conservation Law, the State Environmental Quality Review Act ("SEQRA") and its
implementing regulations at 6 NYCRR Part 617.
Involved Agency:

Roosevelt Island Operating Corporation (RIOC)

Address:

591 Main Street

Roosevelt Island, New York, 10044

Name of Action:

Cornell NYC Tech Campus (Project)

SEQRA Classification: Type 1 Action

Description of Action: New York City leases Roosevelt Island to RIOC through a 1969 master
lease agreement (Master Lease) that expires in 2068. The Master
Lease does not include two hospital sites, Goldwater Hospital and Coler
Hospital, which the City retained.
The City (acting through the New York City Office of the Deputy
Mayor, City), and Cornell University (in conjunction with Technion
University) 1 now propose to create a new college campus that includes
the 9.8-acre Goldwater Hospital site and a 2.62 acre parcel surrounding
the hospital that is leased to RIOC (the Surrounding Parcel). The
City expects to enter into a long-term lease with Cornell for the entire
approximately 12.42 acre college campus (the Project Site). 2 The
City and Cornell therefore seek RIOCs agreement to a lease amendment
to release the Surrounding Parcel back to the City.
The Office of the Deputy Mayor for Economic Development acted as
lead agency under SEQRA and the City Environmental Quality Review
regulations, which implement SEQRA in New York City. RIOCs lease
amendment will also constitute an action under SEQRA and RIOC
therefore acted as an involved agency in the environmental review.
Other actions will include: (i) RIOCs approval of certain development
agreements between itself and Cornell and itself and the City, and (ii) a
Letter of Resolution among the State Historic Preservation Office, RIOC
and Cornell whereby Cornell at its cost and expense will carry out
certain historic work, attached hereto as Exhibit A.

The New York City Economic Development Corporation is also assisting Cornell in the process.
In 2010, independently of the Project, the New York City Health and Hospitals Corporation (HHC) decided to
close the Goldwater Hospital and move patients to other facilities. The closure will take place in late 2013. In
conjunction with that decision, HHC issued a negative declaration under SEQRA.

SEQRA Findings
The Project will involve several phases of construction: Phase 1
(approximately 2014 through 2018); Phase 2A (approximately mid-2024
through 2028); and Phase 2B (approximately 2034 through 2037).3
Phase 1 will include approximately 790,000 square feet of development
including approximately 200,000 square feet of academic space,
approximately 100,000 square feet of corporate co-location space,
approximately 300,000 square feet of residential space (approximately
442 units) and approximately 170,000 square feet of hotel and
conference facilities and approximately 1.3 acres of open space.
Phase 2 will include approximately 1.34 million square feet of
development including approximately 420,000 square feet of academic
space, approximately 400,000 square feet of corporate co-location space,
and approximately 500,000 square feet of residential space and a total of
a minimum of 2.5 acres of open space. Both phases may include
additional central utility space.
Location:

The Project Site will be located on an approximately 12.4-acre site to the

south of the Queensborough Bridge that is currently occupied by
Goldwater Memorial Hospital. It will be ringed by various mapped
streets including the North Loop Road, West Loop Road, South Loop
Road and East Loop Road. Public access to the existing waterfront
esplanades, Four Freedoms State Park, and Southpoint Park will not be
impacted by the Project.

Date FEIS Filed:

March 8, 2013.

I.

INTRODUCTION

This Findings Statement for the Project provides RIOCs rationale for its decision on the
Project, drawing upon information in the Final Environmental Impact Statement (FEIS)
prepared at the direction of the Office of the Deputy Mayor as the SEQRA lead agency, as well
as related documents and public comments received on the Project, including the Draft
Environmental Impact Statement (DEIS) dated October 2012.
This Findings Statement also certifies that the City as lead agency, has met the applicable
requirements of 6 NYCRR Part 617 in reviewing the Project, including but not limited to:
Establishing the City as the lead agency;
3

FEIS p. 20-14.

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SEQRA Findings
Preparing a Draft Scope of Work for the Draft Environmental Impact Statement
for public review and comment (issued April 18, 2012);
Holding a public meeting and receiving written comments on the Draft Scope of
Work (held May 22, 2012);
Preparing a Final Scope of Work for the Draft Environmental Impact Statement
(issued October 5, 2012);
Causing the preparation of the DEIS by the project sponsor;
Accepting the DEIS for public review and comment (issued October 2012);
Holding a public hearing on the DEIS (held February 6, 2013);
Receiving public comments on the DEIS within the prescribed period after the
close of the public hearings (deadline for comments of February 19, 2013);
Causing the preparation of the FEIS; and
Accepting the FEIS and filing a Notice of Completion (March 8, 2013); and
Acting through the City Planning Commission, adopting SEQRA findings
statement and issuing its approvals of the Project (March 20, 2013). 4
A.

Project Purpose and Need

The Citys goals for the Project are to foster local economic growth and, in particular, fill
a demand for top engineers and scientists to work with new and re-locating technology,
engineering and other science employers. To that end, in December 2010 the City began to
solicit ideas for new technology colleges. In 2011, the City formally released a Request for
Proposals for an educational institution to develop such a campus. Several universities submitted
proposals for various locations and the City chose the joint Cornell and Technion proposal,
which focused only on the Project Site. The new campus will offer graduate studies in
engineering and applied science-related fields.
B.

Description of the Project Site

The Project will be located on Roosevelt Island in the Borough of Manhattan in New
York City. The Island is generally located within Block 1373, Lot 1. The Project Site includes
approximately 12.42 acres on the southern portion of the Island that is landlocked by several
public streets and public open spaces. The City owns and controls the approximately 9.8 acre
4

In addition to complying with SEQRA, New York City agencies following their own regulations and procedures
for environmental review. These are set forth in New York City Executive Order No. 91; Title 62, Chapter 5 of the
Rules of the City of New York,

-3-

SEQRA Findings
Goldwater Hospital site and RIOC leases (from the City) and controls the 2.62 acres of the
Surrounding Site. Upon RIOCs surrender of the Surrounding Site, the Project Site will be
comprised of both the Goldwater Hospital site and the Surrounding Site, located on respectively
Borough of Manhattan, Block 1373, Lot 20 and Borough of Manhattan, Block 1373, part of Lot
1.
C.

Description of the Project

Cornell will carry out the Project over a twenty-four (24) year period in several phases
and the campus will eventually include 2.13 million square feet of applied science facilities set
on approximately 12.42 acres. Under the Citys new zoning, described below, 2.5 acres will be
set aside as public open space. The building heights will vary considerably, but several tall
buildings will be constructed. Cornell will construct four buildings 5 in Phase 1 and an
additional six buildings 6 by the end of Phase 2. They will all meet LEED silver certification and
will include additional environmental features. For example, the Phase 1 academic building is
proposed to achieve net-zero energy consumption.
In addition to academic buildings, the campus will feature several unique uses:
One corporate co-location building is proposed for Phase 1 and two are proposed
for Phase 2. These buildings will include office space, labs and academic space to
attract technological businesses and start-ups.
An executive education center is proposed for Phase 1. The facility will include
a conference center and over 200 hotel rooms.
Phase 1 will include 442 residential units. Phase 2 will include an additional 652
units.
One cogeneration plant is proposed for each phase to provide on-site electrical
power and heat generation.
The zoning requires a minimum of 2.5 acres of publicly open space. The spaces
will include a central open area with active and passive uses and pedestrian
promenades going north-south (50 feet wide) and east-west (30 feet wide).
Phase 1 (2018)
Use
Academic/Research

Size
200,000-gsf

This includes the following 4 buildings: a Cornell building for academic purposes; a corporate co-location
building; a residential building; and an executive education center.
6
This includes the following 6 buildings: an additional academic building; 2 additional corporate co-location
buildings; a mixed-use building containing academic and residential uses; a mixed-use building containing corporate
co-location space at its base with a residential tower; and a potential second central utility building.

-4-

SEQRA Findings

Use
Residential
Residential Units (Total)
Faculty Housing
Student Housing
Partner corporate co-location and R&D
Executive Education Center/ Hotel &
campus oriented retail (Total)
Central Utility Plant

Size
300,000-gsf
442 units (total)
104 units
338 units
100,000-gsf

Total

790,000-gsf (approx.)

170,000-gsf
20,000-gsf

Phase 2 (2038)
(use totals are cumulative Phase 1 + Phase 2)
Use
Academic/Research
Residential
Residential Units (Total)
Faculty Housing
Student Housing
Partner corporate co-location and R&D
Executive Education Center/ Hotel and campus
oriented retail (Total)
Central Utility Plant

Size
620,000-gsf
800,000-gsf
1,094 units (total)
246 units
848 units
500,000-gsf

Total

2,130,000-gsf(approx)
D.

170,000-gsf
40,000-gsf

Summary of Discretionary Approvals and Involved and Interested Agencies

Development and operation of the Project will require certain discretionary state, and
local regulatory agency notifications, actions, permits and approvals. The Citys approvals are
coordinated through the Uniform Land Use Review Procedure, which involves reviews by the
community board, borough president, City Planning Commission, City Council and the Mayor.

New York City

The New York City Planning Commission undertook four actions related to the Project
on March 20, 2013. They include:

-5-

SEQRA Findings
Mapping streets surrounding the Project Site, including East Main Street, West
Main Street, North Loop Road, South Loop Road, East Loop Road and West Loop
Road;
Amending the zoning map to change the zoning of the Project Site and adjacent
areas from R7-2, which exists on most of the Island, to C4-5, which allows for the
desired commercial corporate co-location uses;
Amending the zoning map and New York City Zoning Resolution to create a
Special Southern Roosevelt Island District, which specifies open space and lot
coverages for the Project Site; and
Authorizing the disposition of the Project Site from the City to Cornell.

Roosevelt Island Operating Corporation

Approval of the Amendment to the Master Lease to release the Surrounding
Parcel to The City so that it may be incorporated into the Project Site.
Issuance of a Notice pursuant to Public Authorities Law Title 5-A for the
disposition of property by negotiation.
Review of the Project under section 14.09 of the State Historic Preservation Act,
which requires RIOC to identify adverse effects of the Project on historic resources
and explore all feasible and prudent alternatives and give due consideration to
feasible and prudent plans which avoid or mitigate adverse impacts on such
property. RIOC, the State Historic Preservation Office, the City and Cornell have
consulted under Section 14.09 and prepared a draft letter of resolution regarding the
Project, which is attached to these findings as Exhibit A and which RIOC must
approve prior to amending the master lease or entering into other agreements with
Cornell and the City.
Approval of a Development Agreement by and between RIOC and Cornell.
Approval of a Development Agreement by and between RIOC and the City.
Miscellaneous staff-level approvals related to construction including use of
esplanade areas for barging construction materials, street opening licenses, etc.
New York State Department of Environmental Conservation (DEC)
If Cornell desires to use barging for construction, Cornell may need approvals
from the DEC, U.S. Army Corps of Engineers and N.Y.S. Department of State.

-6-

SEQRA Findings
E.

Project Schedule

Cornell expects to carry the Project out in phases. Phase 1 will occur from approximately
2014 through 2018. Phase 2A will occur from approximately mid-2024 through 2028. Phase 2B
will occur from approximately 2034 through 2037.
F.

Procedural History

The following actions have been taken pursuant to all applicable laws, regulations, orders
and guidelines regarding the environmental review process:
The New York City Office of the Deputy Mayor for Economic Development
served as lead agency for the environmental review. It issued a positive declaration
on April 18, 2012, initiating the preparation of the EIS.
The City issued a draft scope of work for the EIS on April 18, 2012 and held a
public scoping meeting on Roosevelt Island on May 22, 2012. The public comment
period closed on June 8, 2012. The City issued a final scope of work on October 5,
2012.
The City issued a notice of completion for the DEIS on October 10, 2012 and held
a public hearing on February 6, 2013. The comment period on the DEIS closed on
February 19, 2013.
The City issued a notice of completion for the FEIS on March 8, 2013. The City
Planning Commission held its ULURP hearing on March 20, 2013, adopted its
SEQRA findings and approved the city actions outlined above.
The FEIS and its supporting documents are incorporated by reference into this Findings
Statement. The FEIS is on file at the RIOC offices at 591 Main Street, Roosevelt Island, New
York. It can also be obtained online at the website of the Mayors Office of Environmental
Coordination, http://www.nyc.gov/html/oec/html/ceqr/12dme004m_feis.shtml333.
II.

Alternatives Considered

In addition to the Project, the City also considered alternatives to the Project that were
described, analyzed and assessed in the DEIS and FEIS.
A.

No-Action Alternative

As required by SEQRA, the FEIS analyzes a no-action alternative. The No-Action

Alternative assumes that the proposed Cornell Tech NYC project will not be constructed and the
Goldwater Hospital complex will remain vacant. 7 Because of its age, it is very unlikely that the
7

The New York City Health and Hospitals Corporation announced its intention to close the hospital in 2010 and
issued a negative declaration under SEQRA on December 6, 2011.

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SEQRA Findings
complex would be re-used for medical or other purposes. This alternative will have none of the
significant impacts of the Project (such as historic resources, transportation (buses), and
construction (traffic, noise, transit and pedestrian)) and none of its benefits.
B.

No Unmitigated Significant Adverse Impact Alternative

Preservation of the complex was explored but deemed infeasible due to the age of the
buildings and its unusual and inefficient design. While this alternative will avoid historic
impacts, it will not meet project goals.
To avoid traffic impacts at the various intersections identified below, the size and
scope of the Project will need to be reduced substantially (perhaps limited to
Phase 1), defeating the purpose of the Project, which is to create a dynamic new
college campus with enough students, faculty and research facilities to
meaningfully contribute to science, research and the Citys tech sector.
No configuration will avoid the historic impacts related to demolition of the
hospital.
It is unlikely that even a scaled back alternative will avoid the significant adverse
impacts associated with construction, including traffic, truck noise along Main
Street and nearby open spacesalthough the frequency and duration might be
reduced.
III.

Environmental Impacts Of The Project

RIOC has considered the potential environmental impacts and benefits resulting from the
Project, as set forth in the FEIS and below.
A.

Land Use, Public Policy and Zoning

RIOC finds that the Project will not result in any significant adverse impacts to land use,
zoning or public policy.
Although the majority of Roosevelt Island is used for high-density residential buildings,
the Project Site is currently dedicated to hospital uses and as such the Project will continue the
sites use for community facility purposes. Moreover, it will create a more dynamic use on the
Project Site than currently exists.
The Project includes two zoning changes to the R7-2 zoning that governs the majority of
the Island. The City has rezoned the site to C4-5, which allows commercial partners to operate
offices and research facilities on the campus, and creates a Special Southern Roosevelt Island
District that imposes additional building height and open space requirements. The Project will
comply with these two new zoning requirements.

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SEQRA Findings
RIOCs use and development of the Island is guided by the General Development Plan
(GDP), as amended to date. The GDP is silent regarding the Goldwater Hospital site because
RIOC does not lease that land from the City. But the Master Lease requires RIOC and the City
to consult in developing a plan for the hospital campus if it were to no longer be used for hospital
purposes. They have done so through the planning for the Project. The City has also concluded
that the Project is consistent with PlaNYC 2030 and its Waterfront Revitalization Program.
B.

Socioeconomic Conditions

The Project will not result in any significant socioeconomic impacts. There will be no
direct residential or commercial displacement. There may be indirect impacts on the residential
and commercial character of the Islandbut these benefits are expected to be largely positive.
The Project will ultimately add 2,326 residents to the Island, many of whom will be students and
faculty with incomes similar to those of the existing population of the Island. The new residents
and workers (5,431) 8 at full build will add customers for the retailers on the Island.
C.

Community Facilities

The Island is located in sub-district 5 of New York City Community School District 2.
The elementary schools operate at slightly above capacity and the intermediate schools have a
surplus of seats. The Project is expected to generate 49 to 75 new elementary schools students
and 16 to 25 intermediate school students and up to 36 high school students by 2038. 9
According to the CEQR Technical Manual, the addition of students constituting less than 5% is
not a significant adverse impact. Since new students from the Project will constitute
approximately 1% of the districts capacity, the Project therefore will not have a significant
adverse impact on local schools.
The Project will add its own sizable library that will serve most of the new residents
needs. The Roosevelt Island library branch, however, has a holding to resident ratio that is
substantially higher than the average in the rest of Manhattan and will continue to be so after the
Project.
D.

Open Space

Roosevelt Island slightly exceeds the Department of City Plannings open space
goal of 2.5 acres of open space per 1,000 residents in a community district. The FEIS measures
the open space based on a mile study area around the Project Site. The current ratio is
3.04/acres per 1,000 residents and the no-action condition is 2.71. The conditions after 2018
(Project Phase 1) and 2038 (Project Phase 2) will be 2.63 and 2.43 acres per 1,000 residents
respectively.10

FEIS, p. S-10.
FEIS pp. 4-8, 4-10; FEIS p. S-14.
10
FEIS pp. 5-10; 5-11.
9

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SEQRA Findings
The Island has a relatively high ratio of passive open space and a low ratio of active open
space. The Department recommends a ratio of active open space of 2.0 acres per 1,000 residents
and passive of .5; the Islands current ratios are 1.42 active and 1.63 passive. After the Project
Phase 1 in 2018, those ratios will be 1.20 (active) and 1.43 (passive) and in 2038, 1.09 (active)
and 1.34 (passive).11 These declines are at least partly attributable to the growth in Southtown.
Because the declines noted above are not substantial and because the study area will
remain close to the 2.5 acre/1,000 residents goal, the Project will have a minimal negative impact
on open space. The Project is not expected to produce a large student population that will seek
out active open spaces. And the Island will continue to be well-served by passive open spaces,
including approximately 2.5 acres on the Project Site itself. At all times during construction of
the Project, Cornell will maintain pedestrian and vehicular access to Southpoint Park.12
E.

Shadows

The FEIS evaluates the Projects shadow impacts on the east and west promenades,
sports parks basketball court, Southpoint Park and other parks, and the East River. It concludes
that there will be no significant adverse impacts and that each location will continue to receive
enough sunlight each day to avoid impacts on growth and vegetation. Although portions of the
esplanade will be shaded for up to four additional hours during summer months, the intermittent
nature of the shadows from neighboring buildings on the campus will mean that no shaded
portion of the esplanade will be more than a short walk from a sunlit area. Moreover, all
vegetation will continue to receive enough sunlight each day to maintain health. Although
portions of the East River will receive up to five hours of new shadows in limited locations, fish,
phytoplankton and other organisms move swiftly through the river due to currents and tides and
no significant adverse impacts are expected.
F.

Historic and Cultural Resources

The FEIS concludes that the Project will not have any significant adverse effects on
archeological resources. The Phase 1A archeological study found low or no sensitivity for
artifacts at the Project Site. Both the New York City Landmarks Preservation Commission and
the State Historic Preservation Office concurred.
The FEIS concluded that the demolition of the Goldwater Hospital will be a significant
adverse impact on architectural resources. Cornell determined, however, that it will not be
feasible to adapt the existing buildings to its needs and the State Historic Preservation Office
concurred. RIOC therefore satisfied the requirements of Section 14.09 of the State Historic
Preservation Act by drafting a letter of resolution among the parties that sets forth certain
protocols for documenting the hospital prior to demolition and preserving certain Work Project
Administration-era murals.

11
12

FEIS p. 5-13.
FEIS, p. 20-45.

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SEQRA Findings
G.

Urban Design and Visual Resources

The FEIS compares the no-action alternative to the Project. In the no-action alternative,
HHC will leave the hospital vacant. The Project will introduce tall, bulky structures, creating a
distinctive and recognizable campus.13 The zoning change from R7-2 to C4-5 would not change
the permitted density for residential or community facility buildings but would allow commercial
buildings, which are not normally permitted in R7-2 zones. Most buildings will be consistent in
height with other buildings on the Island with the exception of the proposed Phase 1 residential
building, which will be below the height of the Bridge. Views from the esplanades to Queens
and Manhattan will not be impacted. And the Project will create public site access and public
open space where none currently exists. The Project will therefore not have a significant adverse
impact on urban design or visual resources.
H.

Natural Resources

The Project Site does not contain any significant natural resources. Moreover, the
unpaved, vegetated surfaces on the Project Site will increase from 3.1 acres to 3.46 acres. The
Project is expected to improve the natural environment by incorporating better stormwater
controls, such as green roofs, than currently exist at the Goldwater Hospital.
The Project Site does not include any portions of the (current) 100-year floodplain.
Entrances to buildings on the campus will be about 4 feet above the 100-year floodplain
elevation, which should ensure resiliency in case of sea level rise and storm surges. The Project
is therefore not expected to have any significant adverse impacts on natural resources.
The Project is consistent with New York Citys Waterfront Revitalization Program and
its ten policies for the waterfront.14 Although the Project would have a significant adverse
impact on historic resources through the demolition of the Goldwater Hospital, the hospital is
not significant to the historical or cultural legacy of New York Citys coastal area.15
I.

Hazardous Materials

The Project is not expected to have any significant adverse impacts with regard to
hazardous materials. A Phase I environmental site assessment identified possible sources of
contamination, including urban fill, hospital laboratories, an incinerator room, transformers that
may contain PCBs, and oil storage tanks. These sources are not unusual in an urban
environment. A Phase II environmental site assessment identified some elevated soil levels of
semi-volatile organic compounds and metals, which it concluded came from historic fill.
Groundwater, however, met drinking water standards with the exception of certain metals that
are likely related to urban fill.

13

Notice of Completion, FEIS, p. 18.

FEIS pp. 2-23 et seq.
15
FEIS p. 2-30.
14

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SEQRA Findings
Exposure to any potential hazardous materials during construction will be managed
through a remedial action plan and construction health and safety plan approved by the New
York City Department of Environmental Protection (DEP) which is standard practice at urban
construction sites. The Project is therefore not expected to result in any significant adverse
impacts from hazardous materials.16
J.

Water and Sewer Infrastructure

The Project will increase water and sewer usage over the no-action alternative and the
current hospital operations. Cornell will construct new sanitary sewer connections to the East
and West Road sanitary sewers. And it will consult with DEP to determine if any upgrades are
necessary to the South Pump Station.
Impacts on the local wastewater treatment plant should be minimal because the Project
will decrease or maintain existing stormwater runoff levels. During construction, Cornell will
implement a stormwater pollution prevention plan.
K.

Solid Waste

The FEIS concludes that the Project will not have any significant impacts on the Citys
sanitation system. Depending on the residential or commercial nature of the building on campus,
the Project will rely on the Department of Sanitation and private haulers to remove waste. This
sanitation removal will add at least two new sanitation truck trips each week to the Island in
Phase I and additional trips in Phase II.17
L.

Energy

The FEIS concludes that the Project will not have any significant impacts on energy
generation and transmission. The buildings will comply with New York City and New York
State energy codes. And the Project will include green-building measures to reduce electricity
usage; Cornell has committed to meeting LEED Silver levels for all buildings. Cornell has set a
net zero goal for at least one Phase 1 academic building.
M.

Transportation1718

The FEIS analyzed impacts on vehicular traffic, transit (bus, tram, subway) and
pedestrians. It concluded that there will be some significant adverse impacts in this category but
that the impacts could be mitigated.
Traffic

16

One public comment on the DEIS suggested that the Project Site had been a disposal site for fly ash or a quarry.
This comment is not accurate. See FEIS, Response to Comments, p. 26-24.
17
FEIS p. 12-5.
18
See pp. 14-6, 14-7 for modal splits that explain what assumptions were made in the FEIS for car, transit, tram
and other transportation usages.

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SEQRA Findings
The FEIS studied 14 intersections, including two on Roosevelt Island. The Project will
result in the following significant impacts:
Phase 1: Of the 14 study area intersections analyzed, the proposed actions will
cause significant traffic impacts at five intersections in the weekday AM peak hour,
three in the weekday midday peak hour, and four in the weekday PM peak
hour.19 None of these intersections will be on Roosevelt Island.
Phase 2: Of the 14 study area intersections analyzed, the proposed actions will
cause significant traffic impacts at nine intersections in the weekday AM peak hour,
seven in the weekday midday peak hour, and 11 in the weekday PM peak hour.20
These will include impacts at West Road and Main Street in the weekday PM and
impacts at the Bridge and Main Street in the weekday AM and weekday PM.
Transit
The EIS studied subway capacity (turnstiles, stairs, escalators), bus capacity and tram
capacity. In 2018 with the Project, the subway station will continue to operate at acceptable
levels of service. The eastbound Q102 bus will experience overcrowding in the weekday PM
peak period. As discussed below, the City will consult with New York City Transit (NYCT)
about adding bus capacity. And the tram will operate within its capacity of 109 persons at all
studied times.
In 2038, there will be additional significant transit impacts. Subways and the tram will
continue to operate within their capacity. As described in the EIS, buses will experience certain
significant adverse impacts: the Q102 route will exceed guideline capacity for the AM and PM
peak periods in the eastbound and westbound directions. The Red Bus will exceed the guideline
capacity in the southbound direction in the AMpeak period and the northbound direction in the
PM peakPotential measures to mitigate the significant adverse bus lien-haul impacts include
scheduling additional buses to increase capacity.21
Pedestrians
In 2018, all sidewalks will operate at acceptable levels of service. In 2038, two locations
will experience unacceptable (D) levels of services. They are: In the PM Peak period (1)
West Road between West Main Street and the Subway Station and (2) West Main Street between
the Bus Stop and the Queensboro Bridge.22 Adequate mitigation measures are addressed below.
Parking

19

FEIS p. 14-42.
FEIS p. 14-56.
21
FEIS p. 14-72.
22
FEIS p. 14-79.
20

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SEQRA Findings
The CEQR Technical Manual, which guides environmental reviews in New York City,
advises that parking shortfalls in Manhattan are generally not considered significant because of
the City policy of discouraging traffic in the core business districts where public transportation is
readily available.23 Nevertheless, the FEIS includes a complete analysis of parking impacts.
Cornell may, as determined by the results of studies of its parking needs at established
points in the Project, build up to 500 onsite parking spaces as allowed by zoning (250 in each
phase) on its Project Site. FEIS assumes that on-street parking policies will continue on the
Island.24 The FEIS is also conservative because (1) it assumes that Southtowns buildings 7, 8 and
9 will not have onsite parking and (2) it analyzes Motorgates existing capacity without
discounting cars that belong to employees and visitors to Goldwater Hospital. Based on this
analysis, the FEIS finds that with onsite, on street and the Motorgate Garage, there will be
adequate parking for both Phases 1 and 2 of the Project.
N.

Air Quality

The Project will not result in any significant adverse air quality impacts. Although
Cornell plans to incorporate energy efficiency features and renewable energy sources into its
campus, the FEIS conservatively assumed that all heat and some electricity will be produced
through onsite gas-fired generators. Because the Project will generate some traffic, the FEIS also
looked at emissions from vehicles. The national ambient air quality standards established by the
Environmental Protection Agency under the Clean Air Act serve as the primary measure of
impacts. State and local rules regarding carbon monoxide and particulate matter are also
assessed.
The study looked at impacts from vehicles, the parking garage, the planned central utility
plan, boilers and emergency generators and found that the Project will have very little impact on
ambient air quality. Cornell will consult with the DEP regarding proper stack heights for
emission points within the campus.
O.

Greenhouse Gas Emissions and Climate Change

The CEQR Technical Manual suggests a quantitative study of greenhouse gas emissions
for projects that will generate more than 350,000 square feet of building area. Since Phase 1 will
result in 790,000 square feet and Phase II will bring the total to 2.13 million square feet, the
FEIS includes a quantitative analysis. After the full build out, the Project will generate 20,053
tons of carbon dioxide annually.25 The FEIS concludes that the emission rate is substantially
lower than a similar project located elsewhere. This lower rate is due to the Projects heavy
reliance on public transportation, use of green building measures to reduce energy use,
renewable energy, use of cleaner construction equipment and use of recycled and renewable
building materials.
23

CEQR Technical Manual p. 16-65.

RIOC worked with the environmental consultant to obtain current parking capacity figures from the operator of
Motorgate Garage.
25
FEIS p. 16-6.
24

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SEQRA Findings
The FEIS also addresses adaptation to climate change. The FEIS concludes that the site
is within the 500-year floodplain and likely within the revised 100-year floodplain (as sea level
rises in later decades). The FEIS concludes as follows: By designing the [finished floor
elevations] to be at least one to five feet above the [FEMA advisory base flood elevations], the
project will be resilient to sea level rise within the likely range of rise projected by the [New
York City Panel on Climate Change] by the end of the century.26
P.

Noise

The FEIS concludes that the Project will not result in significant increases in noise levels
at sensitive locations, as such term is defined in the CEQR Manual to include residences,
churches, schools and open space. A significant noise impact occurs when a project will
increase ambient noise by 3 to 5 decibels. The primary source of noise for residences and open
spaces north of the campus will be vehicle traffic. Traffic noise after both Phases 1 and 2 will
decrease as compared to the current operation of Goldwater Hospital.27
Q.

Public Health

The construction of the Project could result in significant adverse noise impacts on open
spaces, as discussed below. But because residents can move from such noisy spaces at
appropriate times, the FEIS concludes that the noise will not constitute a significant public health
impact.
R.

Neighborhood Character

The FEIS concludes that there will not be significant adverse impacts on neighborhood
character. It studies land use, zoning, public policy, socioeconomic conditions, open space,
shadows, historic resources, urban design, transportation and noisestudy areas that are
addressed above. The FEIS states: the proposed Cornell NYC Tech project will substantially
transform the character of the project site and its relation to the larger area; however, these
changes will not be considered adverse. Instead, the proposed project will add new activity,
vibrancy and vitality that will be compatible with the defining characteristics of the
neighborhood.28
S.

Construction

The construction phases of the Project will have significant adverse impacts for traffic in
a few locations (all but one can be fully mitigated) and for noise on open spaces on Roosevelt
Island, which cannot be mitigated. A noise increase of 3 to 5 decibels is considered significant,
depending on the time of day and the background noise levels. The noisiest periods of
construction will be during Phase 1 demolition, excavation and foundation work. Construction
traffic (workers and materials) will also cause exceedances of the guidelines for noise for open
26

FEIS p. 16-11.
For charts depicting the comparisons, see pp. 17-10 and 11 of the FEIS.
28
FEIS p. 19-1.
27

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SEQRA Findings
spaces such as sidewalks and plazas in Southtown and the waterfront promenade.29 There are no
practical and feasible mitigation measures that could be implemented to reduce noise levels in
open spaces to below the 55 decibel guideline in the CEQR Technical Manual.
The FEIS also addressed construction impacts on hazardous materials, natural resources,
open space, socioeconomic conditions, community facilities, land use and neighborhood
character and concluded that there will be no significant adverse impacts. There will be
significant traffic impacts at certain locations off of the Island, which could be mitigated except
in one instance.
The FEIS also discussed the possibility of Cornells barging construction materials
during Phase 1 of construction.30 The barging techniques include a roll-on/roll-off barge and
stationary harbor barge. Both will require creation of temporary docking facilities. Barging will
have the potential to reduce truck trips by 45 to 55% during Phase 1, which could reduce adverse
impacts from construction truck trips and noise. The barging will not change conclusions in other
impact categories.
T.

Cumulative Impacts

The FEIS assesses all impacts by assuming that a variety of other construction projects
will take place on the Island and in nearby Queens, including Southtown buildings 7, 8 and 9.
The FEIS impacts therefore reflect a cumulative analysis.31
U.

Other Environmental Impacts

The Project will have some unavoidable significant adverse impacts on historic resources,
a few off-island traffic impacts, and noise/open space impacts during construction. The Project
will have some growth inducing impacts, mainly on the Project site itself but also with regard to
retail in the nearby community. The Project will also likely require an upgraded Con Edison gas
line to the Island to serve the campus, which Con Edison will construct in compliance with its
usual protocols for such lines around the City. In sum, while the Project will result in the
irreversible and irretrievable commitments of resources, the Projects academic, economic and
environmental benefits outweigh those costs.
The Project will have no significant adverse
impacts with respect to other short or long-term impacts, irreversible and irretrievable
commitments of resources, or growth-inducing aspects, and will not result in any significant
adverse impacts that cannot be avoided.
V.

Mitigation

Historic resources: The FEIS concludes that the demolition of the Goldwater Hospital
will constitute a significant adverse environmental impact on historic resources. RIOC and
29

Residences along the traffic routes have double glazed windows and are therefore not expected to experience
significant adverse noise levels.
30
The construction period for Phase II will be studied at the later date.
31
The FEIS lists the other projects that are assumed to be completed by 2018. See FEIS p. 14-28.

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SEQRA Findings
SHPO have agreed, however, that there are no alternatives that will involve saving the hospital
that will meet Cornells project goals. They have therefore worked out mitigation measures as
set forth in the attached letter of resolution. Cornell has committed to carry out the following
measures: document the existing hospital and provide the reports to OPRHP and the Landmarks
Preservation Commission; provide historic markers on the campus about the hospital and re-use
Work Project Administration-era murals re-using the floor within the campus.
Transportation:
Traffic. Mitigation is available to address all six intersections in 2018 that will
experience significant adverse impacts and eight of the 11 in 2038 that will
experience such impacts. The mitigation measures are standard procedures
implemented by the New York City Department of Transportation (NYCDOT),
such as signal timing changes, new traffic lights or adjusting intersection
configurations. The mitigated intersections include two on Roosevelt Island that
will experience impacts after Phase 2West Road and Main Street and the Bridge
and Main Street. The specific mitigation measures are set forth in detail in the
FEIS, but include a new traffic light at the Bridge and the elimination of the traffic
triangle at West Road and Main Street.32 Cornell will carry out these mitigation
measures with RIOCs reasonable cooperation at no cost or expense to RIOC.
Transit. The Project will have some significant adverse impacts on the Q102 line
after phase 1 and both the Q102 and Red Bus after Phase 2, all of which can be
mitigated by providing additional service.
o After Phase 1, the Q102 eastbound route will be overcrowded in the PM peak
period.
o After Phase 2, the Q102 eastbound and westbound buses will exceed capacity
during AM and PM peak periods.
o After Phase 2, the Red Bus will exceed RIOCs capacity guideline in the
northbound and southbound directions during AM and PM peak periods. One
additional bus will be needed in the PM period going Northbound. Two
additional buses will be needed in the AM southbound direction. 33
Cornell will look to the New York City Department of Transportation to add any
necessary additional city buses. Cornell will work with RIOC to add necessary Red
Bus service.
Pedestrians. Phase 1 of the Project will not result in any significant adverse
impacts on pedestrians. After Phase II, sidewalks at West Road between West
Main Street and the Subway Station and West Main Street between the Tram
32
33

FEIS pp. 22-17 to 22-19.

A chart of this mitigation is provided at FEIS p. 22-30.

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SEQRA Findings
Station and the Bridge will experience crowding. The impacts could be mitigated
by widening the sidewalks by about two feet. Cornell has consulted with the
FDNY and determined that these widenings are feasible.34 Cornell will carry out
these mitigation measures with RIOCs reasonable cooperation at no cost or
expense to RIOC.
Construction. As noted in the construction section above, construction will have some
adverse impacts on traffic, transit, pedestrians, and noise/open space.
With regard to mitigation of these construction traffic impact from phase 1, the
FEIS states: These measures would also be similar to those proposed to mitigate
the intersection impacts associated with the projects build-out and
occupancy.35 The FEIS does not call for construction traffic mitigation on the
Island as part of Phase 1.
With regard to Phase 2 construction traffic impacts, the FEIS similarly states:
The required mitigation measures for those locations that could be mitigated are
expected to be part of those presented for the 2038 full build-out of the proposed
project. These mitigation measures could be implemented at the discretion of
NYCDOT during construction of Phase 2.36 Cornell will carry out these mitigation
measures (at the intersections of West Road and Main Street and the Bridge and
Main Street) with RIOCs reasonable cooperation at no cost or expense to RIOC
prior to the start of Phase 2 construction.
Cornell has studied barging of waste and construction materials to reduce truck
trips on and off the Island. RIOC will work with Cornell to maximize the use of
barging to reduce such truck trips and the impacts associated with them.
With regard to transit impacts, the FEIS states: During construction of Phase 1,
because most construction workers parking at the Motorgate garage would rely on
the Red Bus for travel to/from the project site, during off-peak hours when the Red
Bus operates at comparatively lower frequencies, there is a potential for a line-haul
impact on the Red Bus that would warrant an increase in its service during off-peak
hours (i.e., three additional buses during the 6 to 7 AM and 3 to 4 PM construction
peak hours). Cornell has committed to fund the operating costs associated with
providing additional Red Bus service if project activity adversely impacts the Red
Bus service during the construction period.37
With regard to sidewalk impacts: Pedestrian trips generated by construction
workers are not expected to result in significant adverse pedestrian impacts during
Phase 1 construction. After the completion of the Phase 1 and Phase 2A
34

FEIS p. 22-31.
FEIS p. 22-32.
36
FEIS p. 22-32.
37
FEIS p. 22-32.
35

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SEQRA Findings
components of the proposed project, the combination of the Phase 2 construction
worker pedestrian trips with those generated by the completed Phase 1 and Phase
2A buildings during the commuter peak hours may result in similar significant
adverse pedestrian impacts as those discussed in Chapter 14, Transportation, and
may warrant the earlier implementation of the recommended sidewalk widening
described above.38 Cornell will therefore carry out these mitigation measures at the
two sidewalks locations with RIOCs reasonable cooperation at no cost or expense
to RIOC prior to the start of Phase 2 construction.
Construction Noise: No practical and feasible mitigation measures have been
identified that could be implemented to reduce noise levels to below the 55 dBA
L10(1) guideline within the impacted open space areas (i.e., the open spaces along
Main Street, the waterfront promenade, or South Point Park). Noise levels in these
spaces would exceed the 55 dBA L10(1) noise level recommended for outdoor
areas requiring serenity and quiet by the CEQR Technical Manual noise exposure
guidelines. However while the 55 dBA L10(1) guideline is a worthwhile goal for
outdoor areas requiring serenity and quiet, due to the level of activity present at
most New York City open space areas and parks (except for areas far away from
traffic and other typical urban activities) this relatively low noise level is often not
achieved.39 Cornell will work with RIOC to schedule construction traffic to
minimize noise, traffic and disruption to the Island.

CERTIFICATION OF FINDINGS TO APPROVE

RIOC has considered the relevant environmental impacts, facts and conclusions disclosed
in the FEIS and has weighed and balanced relevant environmental impacts with social, economic
and other considerations.
Having considered the DEIS and FEIS and the above written facts and conclusions relied
upon to meet the requirements of 6 NYCRR 617.11, RIOC certifies that (1) the requirements of
6 NYCRR Part 617 have been met; and (2) consistent with social, economic, and other essential
considerations from among the reasonable alternatives available, the Project is one that avoids or
minimizes adverse environmental impacts to the maximum extent practicable, and that adverse
environmental impacts will be avoided or minimized to the maximum extent practicable by
incorporating as conditions to the decision those mitigative measures that were identified as
practicable.

38
39

FEIS p. 22-33.
FEIS p. 22-33.

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SEQRA Findings

The above Findings Statement was approved and adopted by the RIOC Board of Directors
on December ___, 2013.
_______________________
Charlene Indelicato
President

________________
Date

Additional information can be obtained by calling RIOC at 212-832-4540 or writing to

the RIOC, 591 Main Street, Roosevelt Island, New York, 10044, Attention Cornell NYC Tech
Project.

Exhibits
A.

Section 14.09 Letter

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ATTACHMENT F
LETTER RESOLUTION REGARDING SHPA
Attached

LETTER OF RESOLUTION
AMONG
CORNELL UNIVERSITY
THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION,
THE NEW YORK CITY LANDMARKS PRESERVATION COMMISSION,
AND THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION ON
BEHALF
OF THE ROOSEVELT ISLAND OPERATING CORPORATION
REGARDING
THE CORNELL NYC TECH PROJECT
ROOSEVELT ISLAND, NEW YORK COUNTY
WHEREAS, Cornell University ("Cornell") proposes to develop the Cornell NYC Tech Project
(the "Project") on the southern portion of Roosevelt Island on an approximately 12.4 acre site
located at Borough of Manhattan, Block 1373, Part of Lot 1and Lot 20), a description of which is
annexed hereto and incorporated by reference herein as Exhibit A(the Project Site);
WHEREAS, the overall objective of the Project is to meet the City of New York's expressed
goal of developing an engineering and applied sciences campus in New York City, the
development of which is overseen in part by the New York City Economic Development
Corporation ("NYCEDC");
WHEREAS, the Project Site is comprised two sites, a 9.8 acre site known as Borough of
Manhattan, Block 1373, Lot 20 which is owned by the City of New York and is occupied by the
Coler-Goldwater Specialty Hospital and Nursing Facility's Goldwater Memorial Hospital
("Goldwater Hospital"), and which is operated by the New York City Health and Hospitals
Corporation ("NYCHHC"). The remainder of the Project Site, a 2.62 acre parcel known as
Borough of Manhattan, Block 1373, part of Lot 1, is vacant and owned by the City of New York
and leased to the Roosevelt Island Operation Corporation ("RIOC") and being surrendered by
RIOC to the City for development of the Project;
WHEREAS, the Project would redevelop the northern portion of the Project Site with up to four
new buildings, new publicly accessible open space, roadway improvements, a central utility
plant, and possible below grade parking. The southern portion of the Project Site would be
developed with up to six new buildings, new landscaping, publicly accessible open space,
roadway improvements, and a second central utility plant. At full build, the entire Project Site
would contain up to10 new buildings with academic, corporate co-location, residential, and
Executive Education Center uses;
WHEREAS, the Office of the Deputy Mayor for Economic Development ("ODMED") is the
lead agency responsible for the preparation of a Final Environmental Impact Statement ("FEIS")
in conformance with the State Environmental Quality Review Act ("SEQRA") and City
Environmental Quality Review ("CEQR") for the Project;
WHEREAS, through the preparation of the FEIS and consultation with the New York State
Office of Parks, Recreation, and Historic Preservation ("OPRHP"), OPRHP determined that the

Goldwater Hospital is eligible for listing on the State and National Registers of Historic Places
("S/NR-eligible");
WHEREAS, the FEIS identified properties of historic architectural significance in the Project's
historic and cultural resources study area other than the Goldwater Hospital;
WHEREAS, consistent with Section 14.09 of the State Historic Preservation Act ("SHPA"), the
Project has been reviewed by OPRHP;
WHEREAS, the Project will include the demolition of the Goldwater Hospital which constitutes
an adverse impact on historic architectural resources under Section 14.09 of SHPA;
WHEREAS, pursuant to Section 14.09 of SHPA, a study was prepared in consultation with
OPRHP to evaluate all prudent and feasible alternatives to avoid or minimize this adverse
impact. The study concluded that it is not feasible to retain and reuse all or portions of the
Goldwater Hospital as part of the Project. OPRHP concurred with this conclusion;
WHEREAS, OPRHP has determined, and LPC has concurred, that the Project is not expected to
have an adverse impact on other historic architectural resources that are within the historic and
cultural resources study area of the FEIS;
WHEREAS, RIOC has consulted with OPRHP and LPC regarding the Project Site's potential to
contain archaeological resources and OPRHP have determined that there are no archaeological
concerns;
WHEREAS, the purpose of this Letter of Resolution ("LOR") is to ensure that appropriate
mitigation measures are undertaken in conjunction with the development of the Project;
NOW, THEREFORE, in accordance with Section 14.09 of SHPA, the parties including RIOC,
Cornell, OPRHP, LPC, and NYCEDC agree that the Project may proceed subject to the
Stipulations specified below:
STIPULATIONS
1.

Prior to the commencement of construction of the Project, Cornell will undertake the
preparation of Historic American Buildings Survey ("HABS") Level II documentation of
the Goldwater Hospital, including preparing photographic documentation, locating and
archivally reproducing historic plans, and preparing an accompanying historical
narrative. This documentation will be conducted by a recognized professional
credentialed to prepare such reports. Copies of the documentation will be provided to the
Museum of the City of New York, the New-York Historical Society, the Roosevelt Island
Historical Society, the Cornell University Library's Division of Rare and Manuscript
Collections, and two copies to OPRHP, one to include original negatives (one copy for its
files and one copy to be submitted to the New York State Archives).

2.

Cornell has investigated the locations and conditions of the murals that were
commissioned for Goldwater Hospital as part of the Federal Art Project ("FAP") of the
Works Progress Administration ("WPA"). To date, Cornell has confirmed that four
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Cornell has also investigated four additional murals (works by Goldman, Haupt, and two
by Browne) and determined that they are not present in Goldwater Hospital. These
murals were identified by the New York City Public Design Commission as having been
commissioned, but there is no record of their installation. The investigations, conducted
by EverGreene Architectural Arts and who met the American Institute for Conservation
of Historic and Artistic Works (AIC) standards, did not confirm the presence of these
four murals at Goldwater Hospital.
a.

Cornell will prepare a report on the findings of the investigations. A copy of the
report shall be provided to OPRHP and LPC for review and comment.

b.

Cornell will, in consultation with OPRHP and LPC, develop and implement
appropriate measures to remove and restore the four extant WPA murals to the
extent practicable and display them in public areas of its campus.

c.

In consultation with OPRHP and LPC, Cornell will develop a digital media
display about the murals, including information obtained through Cornell's
investigations of the murals. The digital media display shall be submitted to
OPRHP and LPC at the preliminary and pre-final stages for OPRHP and LPC
comment. The location and management of the digital exhibit will be established
through ongoing consultation with OPRHP and LPC.

3.

Cornell will develop and install one or more plaques or historic markers on the new
academic campus that will provide information and a photograph describing and
illustrating the history of the site, the Goldwater Hospital, and the WPA murals. Design
for the interpretive materials shall be submitted to OPRHP and LPC at the preliminary
and pre-final stages of development for OPRHP and LPC comment.

4.

If construction activities or Project plans change such that the Project may affect a
historic or cultural resource in a manner not analyzed in the FEIS, ODMED shall notify
RIOC, OPRHP and LPC for further consultation regarding an appropriate course of
action.

5.

Any party to this LOR may propose that the LOR be amended, whereupon the parties
shall consult to consider such amendment. Any amendment must be agreed upon in
writing by all parties to this LOR.

6.

Execution of the LOR by the undersigned, and implementation of its terms, evidences
that all parties have taken into account the impact of the undertaking on historic and
cultural resources and complied with requirements of SHPA.

7.

This LOR shall take effect on the date it is signed by the last signatory and will remain in
effect until the Stipulations have been met.

8.

Cornell will provide timely updates to each of the parties to this Agreement of its
compliance with the requirements of this LOR.

CORNELL UNIVERSITY
BY:
TITLE:

DATE:

NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC

PRESERVATION
BY:
TITLE:

DATE:

NEW YORK CITY LANDMARKS PRESERVATION COMMISSION

BY:
TITLE:

DATE:

NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION

BY:
TITLE:

DATE:

ROOSEVELT ISLAND OPERATING CORPORATION

BY:
TITLE:

DATE:

EXHIBIT A
Legal Description of the Project Site
Attached

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