3compatible uses within the same building as the School, and to coordinate theconstruction of the School with FCRC’s construction of the remainder of the building inwhich the School is to be located. The School shall be constructed to provide adequatenoise attenuation so that noise in the vicinity of the School (including Project-relatedtraffic, general construction and the School playground) will not result in interior noiselevels within the School in excess of 45 dBa L
.3. In order to avoid a significant adverse impact to day care servicesas a result of the Project, FCRC shall: (i) construct on the Project site and arrange for thelong-term operation of a duly licensed day care center that shall accommodate at least100 children with publicly funded vouchers available to income-eligible households (or with some alternate form of publicly funded day care for income-eligible households);and (ii) assess day care enrollment and capacity in the study area identified in the FEIS asconstruction of the Project progresses, and, as and to the extent necessary to avoid asignificant adverse impact (following the methodology of the
CEQR Technical Manual
,as of the date of the FSEIS), make arrangements with one or more duly licensed day care providers for the long-term operation of a duly licensed day care center (or centers) thatshall accommodate approximately 250 additional children, either on or in the vicinity of the Project site. FCRC shall place into operation the day care center specified in clause(C)(3)(i) above by the date that certificates of occupancy have been issued for 620 of thePhase II affordable housing units targeted to households earning up to 80% AMI, or assoon thereafter as is practicable, provided, however, that the operation of the day carecenter may be delayed to a later point in the Project as determined by ESD based oninformation provided by FCRC and the City that there are adequate day care facilities inthe area to accommodate children requiring subsidized day care services from theexisting and immediately anticipated Project buildings.
1. FCRC shall design and construct the Open Space as described inthe FEIS, Technical Memorandum and FSEIS and in accordance with the DesignGuidelines. Such Open Space shall be placed into operation pursuant to a phasedschedule (which schedule shall call for the construction of a portion of such Open Spaceas each building in Phase II is constructed) as specified in the Design Guidelines.2. The permanent Open Space shall be owned by a Conservancy or other not-for-profit entity established by FCRC, which shall be responsible for themaintenance, operation, and security of this public amenity. The Conservancy or other not-for-profit entity shall be funded in the first instance by FCRC, and when thesurrounding parcels are developed, by the owners of the surrounding buildings pursuantto restrictive declarations recorded against the surrounding Project properties. TheConservancy or other not-for-profit entity shall be governed by a board, which shallinclude representatives of FCRC, civic group(s) active in park matters, representatives of surrounding properties on the project site, and, on an
basis, BrooklynCommunity Boards 2, 6 and 8, and the New York City Department of Parks andRecreation (the “Parks Department”). The initial program and plans for the Open Spaceshall be subject to the reasonable approval of ESD, consistent with the Design