OUR WATERFRONT – TIMELINE AND UPDATE FROM THE CSW
10/7/15 City of Glen Cove Planning Board approves RXR’s Amended Planned Unit Development and Subdivision
11/5/15 Article 78 filed in Nassau County Supreme Court challenging the City of Glen Cove Planning Board’s approval of RXR’s Amended Planned Unit Development and Subdivision – copies served on EPA, DEC, DOS, US Army Corps of Engineers, and Nassau County.
5/16/16 Town of Oyster Bay (TOB) sends the City of Glen Cove a comment letter in which it states:
the impacts of the project amendments on water quality have not been adequately addressed, “in terms of stormwater management, including imperviousness bordering ecologically sensitive tidal wetlands, and measures to mitigate same.”
It is inconsistent with the promotion of water quality improvements “that the project would be designed with only the bare minimum stormwater controls”
“this project should not be held to the lowest possible standard for stormwater management given the size of the development and associated magnitude of stormwater runoff volume, and the site’s location adjoining critical coastal resources.”
TOB’s expert consultants confirm that there has not been enough information “provided to demonstrate that the project will achieve the necessary levels of remediation to prevent public exposure and environmental impacts due to site contaminants.”
TOB notes that during the SEQRA process for the original application, the Town “asked about project-related impacts at the intersection of Northern Boulevard (NYS Route 25A) and Glen Cove Road and states that it “would be helpful to know whether there is new data, changes in background conditions circumstances, etc. – either in a positive or negative direction.”
A recent SEQRA review was conducted for a proposed expansion of the New York Institute of Technology’s Campus which specifically addressed impacts and studies regarding this very intersection. There, the City of Glen Gove’s special environmental attorney – representing the Village of Brookville, commented that further impact and congestion to this intersection must be avoided. Here, however, Glen Cove’s position is that the impacts to this intersection cannot be avoided.
5/26/16 The New York State Department of Environmental Conservation (DEC) issued a “Notice of Cleanup Decisions”regarding Captain’s Cove which is part of the Garvies Point proposed development, calling for an enhancement of the excavation previously conducted to reach site-specific soil cleanup levels necessary to achieve groundwater standards, and to revise soil cover requirements. Under this new remedy, DEC states that isolated hot spots of arsenic and lead soil contamination will be removed and disposed of properly.
6/1/16 EPA issues a statement proposing a plan to do additional excavation of contaminated soil in some areas of the Project Site.
6/14/16 Oyster Bay writes a new letter – all their concerns are suddenly and miraculously alleviated based upon a letter from the City of Glen Cove which merely cites to old studies and accuses the opponents of the Waterfront of not understanding the regulatory process, even though 12 days before this letter is written the EPA issued its new proposed clean-up plan.
TOB had stated that the City’s “stormwater program must ensure no increase of a listed pollutant of concern to a waterbody on the New York State 303(d) List of Impaired Waterbodies” of which Glen Cove Creek is one such waterbody. Glen Cove Creek still remains on the 303(d) for 2016 – yet TOB’s concerns are suddenly (and suspiciously) alleviated by a mere telephone call with the City of Glen Cove.
8/17/16 Nassau County Supreme Court Judge’s denies Article 78 – 9/14/16 Notice of Appeal filed (this is not an appeal – just notice of intent to file one)
10/18/16 Planning Board Public Hearing on Stormwater Design RXR’s consultant states that “the DEC has expressed concern about the infiltration relative to the site and contamination on the site” and “that it’s possible that the contaminated soils could potentially increase contamination into the Creek.”
11/16/16 Letter sent to City of Glen Cove Planning Board objecting to the limited time for consideration of application by RXR for its Site Plan application for Phase Two.
11/22/16 RXR purchases land for $1.
11/29/16 EPA confirms in email that remediation is still being conducted upon “vast portions of the properties that were purchased by RXR on November 22, 2016.
12/6/16 Planning Board Public Hearing for RXR’s Site Plan application for Phase Two and Amended Subdivision application.
12/16/16 DEC letter stating that the DEC has not issued Natural Resources permits (tidal Wetlands, Protectionf of Waters and Water Quality Certification); part of this land is only now being considered for DEC Brownfield Cleanup Program due to petroleum contamination which exists on the property; and a “Radiological Monitoring Plan must be included for all work in the Creek.”
1/10/17 Glen Cove City Council issues Resolution repealing its Coastal Erosion Hazard Area Law.
1/18/17 Comment letters submitted to DEC opposing application for permits being deemed complete (select letters can be viewed at https://sustainablewaterfront.org/ )
1/24/17 Glen Cove City Council issues Resolution returning jurisdiction of its Coastal Erosion Hazard Area back to the DEC stating that it doesn’t have the expertise to deal with these issues – the Waterfront Project Site area is not part of this area – when asked who will oversee the Waterfront Project area, the City attorney says that is under the jurisdiction of the Local Waterfront Revitalization Program (LWRP) – when it is pointed out to the city attorney that the City of Glen Cove does not have an approved LWRP, they ignore the comment.
1/30/17 Nassau County Deputy County Attorney responds to Amy Marion’s numerous FOIL requests and multiple appeals of the denial of those requests stating that my most recent letter “speculates that the County must have been involved with and issued determinations” regarding this Project and that “I am advised that not only is the project not under the County’s jurisdiction as involves storm water, but it does not affect County property which would entail the County’s involvement.”
However, the City of Glen Cove Planning Board’s Finding Statement represented that the City had to comply with Nassau County drainage requirements, and that “the Applicant met with the Nassau County Department of Public Works to discuss the minimum stormwater standards that need to be met for the Project. As a result of that meeting, which took place on September 17, 2009, the Project will now be designed to store 2” of runoff generated by the Project’s contributory watershed in accordance with Nassau County requirements.”
The City also stated in its SEQRA Findings Statement that “the proposed stormwater design exceeds the minimum required by NCDPW.”
2/6/17 DEC announces New Sea-Level Rise Projection Regulation for New York http://www.dec.ny.gov/press/109195.html
DEC says that “These projections will guide future planning efforts and must be considered by applicants for certain permit and funding programs, but they will not have any impact on federal flood insurance rates or independently create any new design standards or permit requirements.”
2/11/17 Letter sent to DEC informing them of Nassau County’s letter regarding jurisdiction or lack thereof
3/16/17 – According to this article in Long Island Business News, sales of condominiums will begin later this month. It is a violation of law to put out for sale condominiums without having a signed off and approved subdivision map, which the developer cannot have since the Lead Agency has not even approved the Resolution [RESOLUTION GRANTING PUD SITE PLAN APPROVAL (PHASE TWO) AND AMENDED PUD SUBDIVISION APPROVAL FOR THE GARVIES POINT WATERFRONT PROJECT]
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