Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023
DETERMINATION AND FINDINGS PURSUANT TO ARTICLE 2
OF THE NEW YORK EMINENT DOMAIN PROCEDURE LAW
CONTRACT 2--PHASE 2 OF THE SECOND AVENUE SUBWAY PROJECT
In accordance with Section 204 of the New York Eminent Domain Procedure Law ("EDPL"), the
Board of the Metropolitan Transportation Authority ("MTA") hereby approves the acquisition of
property interests described below by eminent domain, if necessary, and adopts the following
statutory findings:
1. EDPL Public Hearing. On March 30, 2021, MTA held a virtual EDPL public hearing to inform the
public and to receive the public's comments on proposed property acquisitions for Contract 2 of
Phase 2 of the Second Avenue Subway Project (the "Project"). All oral comments received at the
hearing and all written comments received by the end of the written submission period following
the hearing have been reviewed, made part of the record, and given due consideration.
2. Location of Property Required for Contract 2. The location and nature of the property interests
required for Contract 2, and hereby approved for acquisition, are as described on the chart below.
At the March 30, 2021 public hearing and in letters and maps mailed to property owners and
interested parties prior to the public hearing, MTA provided more detailed descriptions of the
required property interests and estimated time frames when the property interests would be needed
for Contract 2.
MTA reserves the right to acquire a lesser interest in any of the properties described below, or to
refrain from acquiring any of such property interests, as dictated by the needs of the Project.
3. Public Use, Purpose and Benefits. With respect to the Project in general, the Second Avenue
Subway will be a new, two-track, approximately 8.5-mile rail line with 16 new stations extending
125th
the length of Manhattan's East Side corridor from a terminal station at Street and Lexington
Avenue in Harlem to Hanover Square in Lower Manhattan. The new line will make the
neighborhoods of the East Side more accessible not only to those who live there, but to visitors
and workers traveling from other parts of New York City as well. Not only will the Second Avenue
Subway serve existing neighborhoods on the densely developed East Side of Manhattan, it will
also support emerging growth in several areas, including East Harlem, the Lower East Side and
Chinatown.
The Second Avenue Subway will provide for two subway services in the East Side corridor. The
125th
first will be a full-length Second Avenue route operating between Street and Hanover
Square with 16 new stations serving this area. The second service will operate along Second
125th 63rd 63rd
Avenue from Street to Street, where it will divert west along the existing
Avenue/63rd
and terminate at the existing Lexington Street Station; it will then join the existing
Broadway Line via an existing tunnel connection and serve existing express stations along
Seventh Avenue and Broadway before crossing the Manhattan Bridge to Brooklyn. Passengers
traveling to Lower Manhattan on this route could transfer for local service to destinations south
of Canal Street.
As a result, passengers traveling between East Harlem and the Upper East Side will be able to
reach both the eastern and western sides of Lower Manhattan. Passengers traveling to and from
Brooklyn also will be better served by the new service to the East Side provided both through the
Broadway Line service and the anticipated free transfers to be provided at several stations,
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023
including the Grand Street B/D Line and the Second Avenue F line. Subway passengers from the
125th
Bronx will benefit from free transfers at the Lexington Avenue 4/5/6 Street Station, among
others.
The Second Avenue Subway will provide more flexibility for passengers traveling along the
eastern side of Manhattan, where subway service is currently limited to one line - the severely
overcrowded Lexington Avenue Line - for much of the area. The new Second Avenue service
thus will provide a needed alternative to the Lexington Avenue Line in the event of shutdowns to
125th
that service due to emergencies or breakdowns. Finally, with a new connection at Street, the
Project will also improve regional access to the various East Side neighborhoods from the existing
Metro-North Railroad.
The Second Avenue Subway is already partially open. Currently, the northern terminal for the Q
train is on Second Avenue and 96th Street. The line runs south to 63rd Street where it joins the
existing Broadway Line The instant project, which is the second phase of the Second Avenue
Subway, will extend the Q service further north in Manhattan to 125th Street and Lexington
Avenue.
Contract 2 is the second of four Contracts in Phase 2 of the Project. Phase 2 covers construction
96th 125th
of the subway line from East Street, north along Second Avenue to East Street and
Lexington Avenue, which will connect to the current northern terminal of the Project on Second
96th 63rd
Avenue and Street, which joins the Broadway subway line at East Street. The work
elements covered by Contract 2 are critical for the completion of the Second Avenue Subway as
they consist of the construction of the launch box for the Tunnel Boring Machine(s); bored tunnels
120th
north starting at Street and Second Avenue and running to the end of the train storage tracks
125th
on Street between Malcolm X Blvd. and Adam Clayton Powell Jr. Blvd. together with
125th
construction shafts used for the excavation of the mined Street Station.
4. Reasons for Selecting the Location Covered by Contract 2: The property interests necessary to
be acquired for Contract 2 are generally located on Second Avenue between East 119th Street and
120th 125th
East Street as well as along Street as the work covered by Contract 2 consists of the
construction of the launch box for the Tunnel Boring Machine(s); bored tunnels north starting at
120th 125th
Street and Second Avenue and running to the end of the train storage tracks on
between Malcolm X Blvd. and Adam Clayton Powell Jr. Blvd. together with construction shafts
125th
used for the excavation of the mined Street Station. MTA will utilize properties to be acquired
for this work as entrances and ancillary facilities that will be constructed in subsequent contracts.
The Project's specific location and alignment within this area were determined after years of detailed
planning, environmental review and public outreach. MTA and the Federal Transit Administration
("FTA") fully evaluated alternatives during that process, as set forth in detail in the Final
Environmental Impact Statement for the Second Avenue Subway ("FEIS") issued in April 2004. In
July 2004, FTA issued a Record of Decision for the Project, which signified that the project is
eligible for continued federal funding and support. Additionally, MTA prepared a Supplemental
Environmental Assessment ("SEA") for Phase 2 of the Project, for which FTA issued a Finding of
No Significant Impact ("FONSI") in November 2018. Finally, FTA issued a Supplemental
Environmental Assessment Re-Evaluation in August 2020. The FEIS, Record of Decision, SEA and
Supplementai Environmental Assessment Re-Evaluation, and all evaluations and environmental
findings presented in the FEIS, Record of Decision, SEA and Supplemental Environmental
Assessment Re-Evaluation are hereby incorporated by reference.
5. General Effect of Contract 2 on the Environment and Residents of the Locality. The
environmental impacts of the Project as a whole and for Phase 2 are thoroughly covered in the
FEIS, the SEA and Supplemental Environmental Assessment Re-Evaluation. The general
2
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023
environmental impacts under Contract 2 are summarized as follows:
Construction activities under Contract 2 will result in unavoidable increases in traffic, truck
118th
movements, dust, noise, and vibrations in the areas nearby. In the construction zone from
1215t
Street to Street, approximately half of Second Avenue and some of the adjacent sidewalk
125th
will be closed at a time to facilitate construction. In the vicinity of the Street Station, there
will be two staging areas for the mining constructionand of the station cavern at the southeast
125th 125th
corners of Street and Lexington Avenue, and Street and Park Avenue; each occupying
124th 125th
the full length of the Avenue between and Streets. There will also be an extraction shaft
125th
and staging site on Street, approximately 300 feet west of Malcom X Blvd. In these areas,
trucks will travel to and from the site making deliveries and removing earth and other materials.
Certain construction activities could require restricting access to buildings for several hours. In
most cases, safe access to buildings, including street-level businesses, will be maintained
throughout the construction period, although pedestrian and vehicular access will be altered or
restricted by the construction of sidewalk sheds and the removal of parking and travel lanes, and
the visibility of some businesses will be reduced. To help minimize potential impacts, MTA will
make every reasonable effort to maintain access; control dust, noise and vibration; screen
construction activities; control rodents and pests; and minimize other disruptions, where
practicable.
Contract 2 will impact on transportation as it will require that up to half of the width of the Second
120th
Avenue roadway be closed at the construction work zone for the Street Tunnel Boring
Machine Launch Box site. A minimum of four lanes will be maintained on Second Avenue for
vehicular traffic adjacent to work zones by prohibiting curbside parking, pick-ups/drop-offs and
deliveries, relocating bus stops and narrowing sidewalks to a minimum of 7 feet. Construction
activity for Contract 2 will also increase traffic volumes on Streets and Avenues within the project
area and will generate an increase in the volume of truck traffic through the project area for soil
removal from and materials deliver to the construction sites.
With respect to socio-economic impacts, businesses could be adversely affected by the
disruptions associated with construction activities, such as reduced pedestrian and vehicular
access, removal of parking, and reduction in the visibility of some businesses, particularly retail
establishments with outdoor activities on the sidewalk, which may have to be removed when
construction is occurring nearby. Though temporary, these disruptions could affect the
businesses'
revenue streams and could make the areas in the vicinity of construction activities
less desirable locations while construction is underway. To help mitigate these impacts, MTA will
promote high-quality design of sidewalk sheds, such as the addition of windows, better lighting,
and good store signage around construction sites. MTA will coordinate with businesses in each
phase to address access/delivery issues; and provide special loading and unloading areas on
nearby side streets to locations where access will be curtailed in front of buildings during
construction. In those designated side street areas, parking may be prohibited to allow more
reliable deliveries and pick-ups.
There are no open space impacts resulting from Contract 2.
120th
With respect to displacement and relocation, properties at Street and Second Avenue will be
116th
acquired for an ancillary facility for the Street Station, which will also be used to support the
launch and operation of the tunnel boring machine(s). Another ancillary facility will be located on
125th
property at the southeast corner of Lexington Avenue and Street, which was recently
demolished in preparation of a development site and is being coordinated with the MTA for the
125th
station entrance and ancillary building. The ancillary and entrance site at Park Avenue and
Street is a vacant lot that will require no displacement. The displacement at the Ancillary A site
3
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023
125th
on West street consists of a single commercial retaii store. This business may be eligible for
relocation benefits and assistance under the Uniform Relocation Assistance and Real Property
Acquisition Act ("URA"). Temporary construction easements also will be needed along portions
of the tunnel route. These easements will be below ground and will not require any
displacements.
With respect to archeological resources, research that was done for the FEIS found that the area
125th for American resources at a
along Second Avenue and along street was sensitive Native
depth of up to 23 feet below the surface. MTA will perform additional work to determine whether
any archaeological resources are actually present and whether those resources are significant and
eligible for the State and National Register of Historic Places. Mitigation measures such as data
recovery, public interpretation, or additional analysis and curation, will be developed and
implemented where future work confirms the presence of significant archaeological resources
(i.e., resources that are eligible for listing on the State and National Registers) that will be
adversely affected by the Project.
With respect to air quality, construction activities, including truck trips, congestion, and diversions
to existing traffic, will not result in significant adverse impacts to air quality. To the maximum
extent MTA's contractors will be required to follow measures to reduce construction-
practicable,
related impacts to air quality. These measures include dust covers for trucks, water spray misting
of exposed soil areas, and using safe chemical dust suppressants to treat and control spoils at
construction areas. In addition, a fence of an appropriate height will surround the construction
sites to reduce wind-borne dust. To reduce emissions from construction equipment, diesel
emission controls for non-road equipment will be required. These controls will require that all
heavy equipment use ultra-low sulfur diesel fuel and diesel particulate filters, or other retrofit
technology, in accordance with MTA policies. In addition, idling time for all diesel equipment will
be limited to 3 consecutive minutes, except in certain limited circumstances.
With respect to noise and vibration, construction
Preview
FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023 DETERMINATION AND FINDINGS PURSUANT TO ARTICLE 2 OF THE NEW YORK EMINENT DOMAIN PROCEDURE LAW CONTRACT 2--PHASE 2 OF THE SECOND AVENUE SUBWAY PROJECT In accordance with Section 204 of the New York Eminent Domain Procedure Law ("EDPL"), the Board of the Metropolitan Transportation Authority ("MTA") hereby approves the acquisition of property interests described below by eminent domain, if necessary, and adopts the following statutory findings: 1. EDPL Public Hearing. On March 30, 2021, MTA held a virtual EDPL public hearing to inform the public and to receive the public's comments on proposed property acquisitions for Contract 2 of Phase 2 of the Second Avenue Subway Project (the "Project"). All oral comments received at the hearing and all written comments received by the end of the written submission period following the hearing have been reviewed, made part of the record, and given due consideration. 2. Location of Property Required for Contract 2. The location and nature of the property interests required for Contract 2, and hereby approved for acquisition, are as described on the chart below. At the March 30, 2021 public hearing and in letters and maps mailed to property owners and interested parties prior to the public hearing, MTA provided more detailed descriptions of the required property interests and estimated time frames when the property interests would be needed for Contract 2. MTA reserves the right to acquire a lesser interest in any of the properties described below, or to refrain from acquiring any of such property interests, as dictated by the needs of the Project. 3. Public Use, Purpose and Benefits. With respect to the Project in general, the Second Avenue Subway will be a new, two-track, approximately 8.5-mile rail line with 16 new stations extending 125th the length of Manhattan's East Side corridor from a terminal station at Street and Lexington Avenue in Harlem to Hanover Square in Lower Manhattan. The new line will make the neighborhoods of the East Side more accessible not only to those who live there, but to visitors and workers traveling from other parts of New York City as well. Not only will the Second Avenue Subway serve existing neighborhoods on the densely developed East Side of Manhattan, it will also support emerging growth in several areas, including East Harlem, the Lower East Side and Chinatown. The Second Avenue Subway will provide for two subway services in the East Side corridor. The 125th first will be a full-length Second Avenue route operating between Street and Hanover Square with 16 new stations serving this area. The second service will operate along Second 125th 63rd 63rd Avenue from Street to Street, where it will divert west along the existing Avenue/63rd and terminate at the existing Lexington Street Station; it will then join the existing Broadway Line via an existing tunnel connection and serve existing express stations along Seventh Avenue and Broadway before crossing the Manhattan Bridge to Brooklyn. Passengers traveling to Lower Manhattan on this route could transfer for local service to destinations south of Canal Street. As a result, passengers traveling between East Harlem and the Upper East Side will be able to reach both the eastern and western sides of Lower Manhattan. Passengers traveling to and from Brooklyn also will be better served by the new service to the East Side provided both through the Broadway Line service and the anticipated free transfers to be provided at several stations, FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023 including the Grand Street B/D Line and the Second Avenue F line. Subway passengers from the 125th Bronx will benefit from free transfers at the Lexington Avenue 4/5/6 Street Station, among others. The Second Avenue Subway will provide more flexibility for passengers traveling along the eastern side of Manhattan, where subway service is currently limited to one line - the severely overcrowded Lexington Avenue Line - for much of the area. The new Second Avenue service thus will provide a needed alternative to the Lexington Avenue Line in the event of shutdowns to 125th that service due to emergencies or breakdowns. Finally, with a new connection at Street, the Project will also improve regional access to the various East Side neighborhoods from the existing Metro-North Railroad. The Second Avenue Subway is already partially open. Currently, the northern terminal for the Q train is on Second Avenue and 96th Street. The line runs south to 63rd Street where it joins the existing Broadway Line The instant project, which is the second phase of the Second Avenue Subway, will extend the Q service further north in Manhattan to 125th Street and Lexington Avenue. Contract 2 is the second of four Contracts in Phase 2 of the Project. Phase 2 covers construction 96th 125th of the subway line from East Street, north along Second Avenue to East Street and Lexington Avenue, which will connect to the current northern terminal of the Project on Second 96th 63rd Avenue and Street, which joins the Broadway subway line at East Street. The work elements covered by Contract 2 are critical for the completion of the Second Avenue Subway as they consist of the construction of the launch box for the Tunnel Boring Machine(s); bored tunnels 120th north starting at Street and Second Avenue and running to the end of the train storage tracks 125th on Street between Malcolm X Blvd. and Adam Clayton Powell Jr. Blvd. together with 125th construction shafts used for the excavation of the mined Street Station. 4. Reasons for Selecting the Location Covered by Contract 2: The property interests necessary to be acquired for Contract 2 are generally located on Second Avenue between East 119th Street and 120th 125th East Street as well as along Street as the work covered by Contract 2 consists of the construction of the launch box for the Tunnel Boring Machine(s); bored tunnels north starting at 120th 125th Street and Second Avenue and running to the end of the train storage tracks on between Malcolm X Blvd. and Adam Clayton Powell Jr. Blvd. together with construction shafts 125th used for the excavation of the mined Street Station. MTA will utilize properties to be acquired for this work as entrances and ancillary facilities that will be constructed in subsequent contracts. The Project's specific location and alignment within this area were determined after years of detailed planning, environmental review and public outreach. MTA and the Federal Transit Administration ("FTA") fully evaluated alternatives during that process, as set forth in detail in the Final Environmental Impact Statement for the Second Avenue Subway ("FEIS") issued in April 2004. In July 2004, FTA issued a Record of Decision for the Project, which signified that the project is eligible for continued federal funding and support. Additionally, MTA prepared a Supplemental Environmental Assessment ("SEA") for Phase 2 of the Project, for which FTA issued a Finding of No Significant Impact ("FONSI") in November 2018. Finally, FTA issued a Supplemental Environmental Assessment Re-Evaluation in August 2020. The FEIS, Record of Decision, SEA and Supplementai Environmental Assessment Re-Evaluation, and all evaluations and environmental findings presented in the FEIS, Record of Decision, SEA and Supplemental Environmental Assessment Re-Evaluation are hereby incorporated by reference. 5. General Effect of Contract 2 on the Environment and Residents of the Locality. The environmental impacts of the Project as a whole and for Phase 2 are thoroughly covered in the FEIS, the SEA and Supplemental Environmental Assessment Re-Evaluation. The general 2 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023 environmental impacts under Contract 2 are summarized as follows: Construction activities under Contract 2 will result in unavoidable increases in traffic, truck 118th movements, dust, noise, and vibrations in the areas nearby. In the construction zone from 1215t Street to Street, approximately half of Second Avenue and some of the adjacent sidewalk 125th will be closed at a time to facilitate construction. In the vicinity of the Street Station, there will be two staging areas for the mining constructionand of the station cavern at the southeast 125th 125th corners of Street and Lexington Avenue, and Street and Park Avenue; each occupying 124th 125th the full length of the Avenue between and Streets. There will also be an extraction shaft 125th and staging site on Street, approximately 300 feet west of Malcom X Blvd. In these areas, trucks will travel to and from the site making deliveries and removing earth and other materials. Certain construction activities could require restricting access to buildings for several hours. In most cases, safe access to buildings, including street-level businesses, will be maintained throughout the construction period, although pedestrian and vehicular access will be altered or restricted by the construction of sidewalk sheds and the removal of parking and travel lanes, and the visibility of some businesses will be reduced. To help minimize potential impacts, MTA will make every reasonable effort to maintain access; control dust, noise and vibration; screen construction activities; control rodents and pests; and minimize other disruptions, where practicable. Contract 2 will impact on transportation as it will require that up to half of the width of the Second 120th Avenue roadway be closed at the construction work zone for the Street Tunnel Boring Machine Launch Box site. A minimum of four lanes will be maintained on Second Avenue for vehicular traffic adjacent to work zones by prohibiting curbside parking, pick-ups/drop-offs and deliveries, relocating bus stops and narrowing sidewalks to a minimum of 7 feet. Construction activity for Contract 2 will also increase traffic volumes on Streets and Avenues within the project area and will generate an increase in the volume of truck traffic through the project area for soil removal from and materials deliver to the construction sites. With respect to socio-economic impacts, businesses could be adversely affected by the disruptions associated with construction activities, such as reduced pedestrian and vehicular access, removal of parking, and reduction in the visibility of some businesses, particularly retail establishments with outdoor activities on the sidewalk, which may have to be removed when construction is occurring nearby. Though temporary, these disruptions could affect the businesses' revenue streams and could make the areas in the vicinity of construction activities less desirable locations while construction is underway. To help mitigate these impacts, MTA will promote high-quality design of sidewalk sheds, such as the addition of windows, better lighting, and good store signage around construction sites. MTA will coordinate with businesses in each phase to address access/delivery issues; and provide special loading and unloading areas on nearby side streets to locations where access will be curtailed in front of buildings during construction. In those designated side street areas, parking may be prohibited to allow more reliable deliveries and pick-ups. There are no open space impacts resulting from Contract 2. 120th With respect to displacement and relocation, properties at Street and Second Avenue will be 116th acquired for an ancillary facility for the Street Station, which will also be used to support the launch and operation of the tunnel boring machine(s). Another ancillary facility will be located on 125th property at the southeast corner of Lexington Avenue and Street, which was recently demolished in preparation of a development site and is being coordinated with the MTA for the 125th station entrance and ancillary building. The ancillary and entrance site at Park Avenue and Street is a vacant lot that will require no displacement. The displacement at the Ancillary A site 3 FILED: NEW YORK COUNTY CLERK 04/19/2023 11:24 AM INDEX NO. 451115/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/19/2023 125th on West street consists of a single commercial retaii store. This business may be eligible for relocation benefits and assistance under the Uniform Relocation Assistance and Real Property Acquisition Act ("URA"). Temporary construction easements also will be needed along portions of the tunnel route. These easements will be below ground and will not require any displacements. With respect to archeological resources, research that was done for the FEIS found that the area 125th for American resources at a along Second Avenue and along street was sensitive Native depth of up to 23 feet below the surface. MTA will perform additional work to determine whether any archaeological resources are actually present and whether those resources are significant and eligible for the State and National Register of Historic Places. Mitigation measures such as data recovery, public interpretation, or additional analysis and curation, will be developed and implemented where future work confirms the presence of significant archaeological resources (i.e., resources that are eligible for listing on the State and National Registers) that will be adversely affected by the Project. With respect to air quality, construction activities, including truck trips, congestion, and diversions to existing traffic, will not result in significant adverse impacts to air quality. To the maximum extent MTA's contractors will be required to follow measures to reduce construction- practicable, related impacts to air quality. These measures include dust covers for trucks, water spray misting of exposed soil areas, and using safe chemical dust suppressants to treat and control spoils at construction areas. In addition, a fence of an appropriate height will surround the construction sites to reduce wind-borne dust. To reduce emissions from construction equipment, diesel emission controls for non-road equipment will be required. These controls will require that all heavy equipment use ultra-low sulfur diesel fuel and diesel particulate filters, or other retrofit technology, in accordance with MTA policies. In addition, idling time for all diesel equipment will be limited to 3 consecutive minutes, except in certain limited circumstances. With respect to noise and vibration, construction