Garvies Point Updates – a Timeline 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:

re: Stormwater:

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.”

re: Contamination:

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.”

re: Traffic:

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 )

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

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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Hempstead Harbor still on NYS “Impaired Waters” list

Hempstead Harbor still listed on 303d [Impaired Waters] listed with suspected source being “stormwater.” The Garvies Point development first filed to address only 2″ of stormwater runoff (as opposed to the typical 8″) After protest, the developer is now proposing an untested system to mitigate stormwater runoff, although history demonstrates both RXR and Glen Cove share little concern in protecting Hempstead Harbor or adequately addressing stormwater runoff in Garvies Point.

Read the full New York State report here

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Union says state should investigate RXR’s general contractor

One of the city’s largest ironworker unions wants Gov. Andrew Cuomo’s housing agency to deny $75 million in construction financing to Scott Rechler’s RXR Realty for its first apartment project in the city.

The development firm helmed by Rechler TRData LogoTINY, who previously served as a Cuomo appointee at the Port Authority of New York and New Jersey, is showing its “inexperience” as a residential developer by hiring a construction manager with a shoddy safety record, the hardhats claim in what’s shaping up to be a debate between union and non-union camps on a highly visible stage.

Read Full Article

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DEC now requires “Radiological Monitoring Plan” for Garvies Point

While Glen Cove Officials try to cite “shovels in the ground,” a publicity stunt and nothing more, the DEC is still making new requests of developer RXR.

We recently learned that on December 16, 2016, the DEC sent this letter to RXR Realty, including telling the developer that they must institute “RADIOLOGICAL MONITORING” for all work areas.  (this is in addition to the “toxic monitoring wells” that are also required permanently, supposedly to be monitored and maintained by the City of Glen Cove).


Would you want to live here?




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Comment Letter to DEC Division from David Berg, Plaintiff

Dear Mr. Evans:

     Please accept this correspondence as a comment regarding the complete application for DEC ID # 1-2805-00193/00001 – the Glen Cove Creek Waterfront Development Project.

    The SEQRA (State Environmental Quality Review Act) review done in 2009 for RXR’s waterfront development project by the lead agency (the City’s Planning Board- which admitted to having no expertise to evaluate such impacts) should now be considered INVALID as critical aspects of the project’s design and scope have changed since then in very significant ways. A SEQRA review of the impacts identified in NYSDEC’s Notice of Completed Application (dated 12/21/2016) has YET TO BE CONDUCTED.

     The original proposed stormwater management plan (SWMP) was redesigned after the DEC expressed concern about infiltration relative to the site and the possibility that pollution from the contaminated soil could flow into Glen Cove Creek. The new SWMP uses collection, treatment by filtration (“Jellyfish” filters) and discharge as opposed to infiltration and retention.

      RXR’s own consultants admitted the new Stormwater Management System will likely be overwhelmed in large storms, prolonged winter flooding and snowmelt- risking the mixing and discharge of polluted and treated water into Glen Cove Creek. This pollution will harm marine wildlife, including our recently resurgent shellfish in the harbor. The overall impacts will be increased nitrogen and phosphorus loadings delivered to the Creek. RXR admitted that the Jellyfish filters will only remove about half the nutrient loadings. The only way to protect the Creek from eutrophication would be to reduce the volume of stormwater being discharged to the Creek by reducing the density of development, and leaving more open space.

      To exacerbate the matter, Nassau County’s waiver of the 8 inch stormwater runoff rule for this project is foolish and does nothing to account for the predicted range of sea level rise as well as higher and more frequent storm surges with greater amounts of runoff. The DEC’s own Tidal Wetlands Guidance Document wisely warns planners and developers to take these factors into account.

      At a public meeting on December 27, 2016 the Glen Cove City Council acknowledged that it doesn’t have the expertise to deal with their own coastal erosion management issues. At the same meeting, the City Council claimed that RXR’s waterfront development project falls under the jurisdiction of the city’s Local Waterfront Revitalization Program (LWRP). When questioned further, the city admitted that it does NOT HAVE an approved LWRP.

     I find it concerning that, as noted by both the EPA and Army Corps of Engineers, there is a significant amount of radioactive material in the sediment at the bottom of Glen Cove Creek- which has prevented the ACE from completing dredging of the Creek. The construction of new bulkhead and marina before the remediation of this problem and before completion of further pending remediation of pollution on the adjacent land by the EPA would seem, at best, imprudent, ill-advised and tragic for the health of the surrounding environment.


David Berg

Glen Cove, NY

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Extension of the Public Comment Period

Update: We have successfully extended the time for public comments – please contact the DEC!

The NYS DEC will be accepting public comments on RXR and Glen Cove’s application for the installation of various bulkheads, marina structures, an educational/observation pier and a boardwalk now through January 20th.

Tell the DEC that Glen Cove’s shoreline needs to be protected as a whole, not just in parts (convenient for RXR and City Officials).

Email your comments to Roger Evans of the NYS Department of Environmental Conservation today: Thank you!




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