GARDEN STATE ENVIRONEWS 010726B
Phil Reynolds
GARDEN STATE ENVIRONEWS
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TABLE OF CONTENTS
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** Section B - Part 2 of 2 **
010726A
<*> GOV SIGNS PACKAGE: $230 MILLION TO PRESERVE 58,000 ACRES
<*> STATE OFFICIALS PROPOSE NEW RULES TO REDUCE POLLUTION
<*> DEP PROPOSES NEW RULES TO REDUCE OZONE
<*> ENVIRONMENTALISTS UPSET AS DEMARCO GETS $3M MORE
010726B
<*> STUDY LINKS PESTICIDES TO MALE INFERTILITY
<*> NJEDA AWARDS $800K IN ENVIRONMENTAL GRANTS
<*> HIGHLANDS VICTORY BOOSTS CONSERVATION EASEMENTS STATEWIDE
<*> EDGEWATER: CONDOS AND TOXICS
<*> SERIES ON LAND USE, DEVELOPMENT AND PRESERVATION LAW - NY
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STUDY LINKS PESTICIDES TO MALE INFERTILITY
Date: 010726
From: http://www.planetark.org/
Reuters News Service, July 27, 2001
London - French and Argentine researchers produced new evidence today
showing that exposure to pesticides and solvents could be contributing
to falling sperm counts and rising levels of male infertility.
In a study of 225 men from a productive farming region in Argentina,
the scientists found exposure to insecticides, herbicides and
fungicides could limit their ability to have children.
"Exposure to pesticides and solvents is significantly associated with
threshold sperm values much lower than the considered limits for male
fertility," Dr Luc Multigner of the French research institute INSERM
said in a report in the journal Human Reproduction.
Dwindling sperm counts have been a cause of concern since Danish
researchers reported in 1992 that sperm counts worldwide were
declining. Many experts blame environmental factors for the decline,
as well as an increase in testicular cancer.
Multigner and Alejandro Oliva of the Hospital Italiano Garibaldi in
Rosario, Argentina, questioned all of the men who had attended an
infertility clinic between 1995-98 about their lifestyle, medical
history, occupation and exposure to pesticides.
Although other factors may also be contributing to their infertility,
the scientists said exposure to pesticides and solvents were a factor.
"Our results suggest that toxicants act on the testes and post-
testicular sites, including accessory sex glands," said Multigner.
"The testicles are one of the most vulnerable organs to
environmental, physical and chemical agents."
Oliva also noted that Argentina has become a major user of pesticides
since the 1940s and said developing countries should be aware of the
harmful effects of pesticides and solvents.
* * *
(C) 2001 Reuters Limited. All rights reserved.
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NJEDA AWARDS $800K IN ENVIRONMENTAL GRANTS
Date: 010726
From: http://www.newsday.com/
Trenton (AP) - The New Jersey Economic Development Authority
announced on Thursday nine grants totaling more than $800,000 for
environmental projects in four municipalities.
The grants are intended to help reclaim environmentally contaminated
sites for business and residential development. So far this year 39
municipal grants totaling more than $3.6 million have been awarded.
The latest grants are for projects in Camden, Franklin Township
(Gloucester County), Irvington and Vineland.
The program is operated jointly with the state Department of
Environmental Protection.
Municipalities can apply for grants up to $2 million for the
remediation of sites never officially used by local government.
- - -
On the Net:
New Jersey Economic Development Authority:
http://www.njeda.com
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HIGHLANDS VICTORY BOOSTS CONSERVATION EASEMENTS STATEWIDE
Date: 26 Jul 2001
From: "Jay Biskup" {ja...@njconservation.org}
THE STATE WE'RE IN
Column by Michele S. Byers, Executive Director
New Jersey Conservation Foundation.
July 25, 2001 - Volume XXXI, No. 30
Conservation easements won an important victory when New Jersey
Superior Court Judge Reginald T. Stanton ruled to enforce deed
restrictions on top of Hamburg Mountain, in Sussex County - at the
heart of New Jersey's Highlands region.
Conservation easements are legal agreements that permanently restrict
future development of private or public lands. They are an important
part of New Jersey's campaign to preserve one million acres of
farmland and open space.
In the case of Hamburg Mountain, 1240 mountaintop acres were once
acquired by the state for wildlife habitat. Indeed, Hamburg Mountain
is part of one of northern New Jersey's largest remaining unspoiled
forests, home to several endangered and near endangered species like
barred owls, wood turtles and cerulean warblers. As part of the
Highlands region, the land plays a critical role in naturally
filtering drinking water for millions of New Jerseyans.
Deed restrictions were placed on the mountaintop land in 1986, when
the state sold it at a bargain price, intending to help a struggling
local ski-resort operator. These restrictions were designed to ensure
the land remained protected and open to the public for conservation or
passive recreation uses.
However, the ski-resort failed. The new owners, a major international
ski-resort developer, soon proposed a 1600-condominium "destination
resort" - complete with golf courses, restaurants and retail shopping
- on and around the largely pristine mountain. The development plans
relied heavily on using the deed-restricted mountaintop acres for a
golf course, and rights-of-way for roads and sewers servicing the
development. In addition, the developer proposed using the protected
acres to increase the number of condos that could be built under
special local zoning laws designed to facilitate the resort.
NJCF led a coalition of conservation groups in a lawsuit to stop the
development - to preserve the scenic beauty and important natural
resources on Hamburg Mountain, and to defend and ensure the integrity
of the deed restrictions.
If New Jersey won't or can't enforce its own deed restrictions in
such a critical area, what security will there be for the hundreds of
other restrictions held by private land trusts and government agencies
around the state? Will our million new acres of preserved farmland and
open space remain protected, or will it be safe only until local
officials and developers decided a better offer has come along?
Fortunately, the State of New Jersey agreed with us, and the court
found that punching roads, sewers and other utilities through the
deed-restricted land would violate the conservation protections. In
addition, the court ruled the land can't be used in calculating the
number of units that could be built - meaning the developer must go
back to the drawing board to come up with a new plan that respects the
conservation easement.
This court decision does not guarantee that every conservation
easement in New Jersey will no longer be threatened with development.
It is, however, an important affirmation that once the public pays to
protect a piece of land, they have a right to expect it will stay
protected!
For more information on conservation easements, please visit NJCF's
website at http://www.njconservation.org, or contact me at
1-888-LAND-SAVE or by e-mail to in...@njconservation.org.
* * *
New Jersey Conservation Foundation
Bamboo Brook
170 Longview Road
Far Hills, NJ 07931
(908) 234-1225
Fax: (908) 234-1189
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EDGEWATER: CONDOS AND TOXICS
Date: 010726
From: http://www.nytimes.com/
ABOVE, $700,000 RIVERFRONT CONDOS; BELOW, A TOXIC QUESTION MARK
By Jim Dwyer, NY Times, July 26, 2001
Edgewater - On a gentle, lumpy hill that runs down to the Hudson
River, a landscaper scatters wildflower seeds. Just a few yards away,
residents stroll along a pier where new riverfront condominiums sell
for $700,000. To the south, the sky rings with the crash of piles
being driven into open land, ahead of the hotels, the shops, and
apartments now on the drawing board.
This is the Promenade in Edgewater, and behind the tidy scene, with
its wide-angle views of the Hudson and the towers of Manhattan, is one
of the most contaminated stretches of land in the northeastern United
States.
Here, a developer says he will rescue lost and ruined land by
building a tiny, upscale village on a giant concrete platform, 10 feet
above tainted ground.
The builder, Gene Heller, says he is taking advantage of a new spirit
in New Jersey and more flexible approaches championed by Christie
Whitman, the state's former governor and now the administrator of the
Environmental Protection Agency. "At the end of the day, the property
will be far cleaner than it ever was," Mr. Heller said.
Yet state and federal regulators say they are being outrun by Mr.
Heller, despite a harrowing spectrum of pollution on his land.
Just below the skin of that newly- seeded hill, for instance, is a
slumping gypsum landfill that officials say is producing a toxic gas,
hydrogen sulfide.
The condominiums on the pier were placed there against the wishes of
state officials, who pleaded with the developer to wait for a clean-up
of deadly contaminants that are leeching into the river sediment
around the wharf.
And beyond the pile-driving machinery is a wide swath of ground laced
with heavy metals and most prominently arsenic, a lethal poison that
is deemed unsafe above 20 parts per million in soil. Portions of the
ground at the site, tests show, are 7 percent arsenic _ or 7 parts per
hundred, 70,000 parts per million.
Now Mr. Heller is proceeding on his $100 million complex without
final environmental clearance and with no plans in place to stop the
plume of arsenic and coal tar that runs through two pieces of
property, including his, and down to the Hudson.
The runoff is settling in the sediment and killing marine life as far
as 750 feet into the river, a study done for the E.P.A. found.
Twice this year, regulators have pressured Mr. Heller to shut down
the project, most recently because construction workers were digging
in raw, contaminated soil with virtually no protection. Many of the
workers said they became ill. This week, the pile-driving operation
was suspended by Mr. Heller's contractor when monitors showed that
high levels of carbon monoxide were being released from the ground.
In January, federal officials moved to list the property adjacent to
Mr. Heller's on the national Superfund list for environmental clean-
ups. A portion of Mr. Heller's property, they say, also qualifies for
the list.
Mr. Heller says the regulators have been dithering about the
pollution for years, and that he is actually doing something
constructive. "We're fixing it," he says. "Isn't that good?"
If the difficulties at the Promenade do not provide a simple yes or
no answer to Mr. Heller's question, that is because the site is a
vivid example of the high-stakes arm- wrestling that goes on between
real estate developers and environmental regulators when a piece of
drastically polluted land is simultaneously developed and cleaned.
The pollution there _ and indeed, along much of the Hudson River
south of the George Washington Bridge _ is the residue of a century of
heavy industry. After the last chemical business shut down in 1981,
the site was unused for 20 years. When residential real estate prices
soared during the 1990's, the empty land, within a half mile by water
of Manhattan, became known as the Gold Coast.
Three years ago, Mrs. Whitman, then governor, came to this tiny
borough and signed a bill making it simpler and less risky for
developers to reclaim land just like Mr. Heller's.
Regulators say such places can be made safe for people to live on,
but only with great care. "Our concern is that the development has
been proceeding at a much faster pace than we can keep up with," said
Richard Ho, an official with the E.P.A.
Robert Hayton, who is overseeing the site for the New Jersey
Department of Environmental Protection, said: `The developers have a
schedule, and they need to keep that schedule. That's the way it has
been for the last three years. They just don't have a clue when it
comes to the environment. They ignore it."
Far from ignoring the problems, says Mr. Heller, he has spent a sum
he estimates variously at $3 million, $4 million and $5 million to
clean them up. Mr. Hayton says the state has received documentation
from Mr. Heller of slightly less than $1 million in remediation costs.
To make the land habitable, Mr. Heller plans to bury the existing
soil beneath an 18-inch "cap" of sand and brick. On top of that will
be a garage. And one story above the garage will be a 10-acre concrete
platform, where he will do landscaping, build streets, and then add
homes, stores, and two hotels.
"We will have this massive new earth _ up in the air, an average of
10 feet high," said Mr. Heller. He expects to be finished late next
year.
Mr. Hayton said that Mr. Heller's development approach "will be
protective of human health," meeting the state's legal standard for
residential construction. Nevertheless, state officials have not given
final approval for the project because of concerns about the
uncontrolled release of gases from the ground, which could be
dangerous to people, and because of contaminants in the ground, which
are damaging the environment.
Federal officials say the adjacent Superfund site, which is fenced
off, poses no "immediate public health threats." Because a day care
center is next door, they are conducting air sampling and soil tests.
The developer has generally complied with state requests, according
to Mr. Hayton. For example, he said, when the first apartments on the
site were offered for sale, the prospectus did not disclose the nearby
pollution problems. But after the D.E.P. contacted Mr. Heller's
lawyers, the information was added. The state will require disclosure
of the pollution problems to all prospective buyers.
* * *
Copyright 2001 The New York Times Company
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SERIES ON LAND USE, DEVELOPMENT AND PRESERVATION LAW - NY
Date: 26 Jul 2001
From: Jane Rudofsky {ja...@mas.org}
LAND USE, DEVELOPMENT AND PRESERVATION LAW:
A MUNICIPAL ART SOCIETY CLE SERIES
This fall, the Municipal Art Society is presenting a series of
Continuing Legal Education classes on land use, development and
preservation law. The classes will be held at the Municipal Art
Society (in The Urban Center), 457 Madison Avenue (between 50th and
51st Streets--north side of courtyard), from 8:30 -10:00 a.m.
The series consists of the following five programs:
Topic:
Date:
1. The Uniform Land Use Review Procedure in New York City
Wed., Sept. 5
* Presented by Christopher Collins
Counsel, City Council Land Use Committee
2. Introduction to the New York City Zoning Resolution
Wed., Sept. 12
* Presented by Norman Marcus
Swidler Berlin Shereff Friedman;
Former General Counsel,
New York City Planning Commission
3. Landmarks Law in New York City
Thurs., Sept 20
* Presented by Mark Silberman
General Counsel,
Landmarks Preservation Commission
4. New York City Environmental Quality Review/
Wed., Sept. 26
New York State Environmental Quality Review Act
* Presented by Michael B. Gerrard
General Counsel, Municipal Art Society;
Arnold & Porter;
Co-author, Environmental Impact Review in New York
5. Incentive Programs for Retaining New York City Business
Wed., Oct. 3
* Richard Marshall
Assistant Deputy Counsel,
New York City Economic Development Corporation
- - -
CLE Credit:
1.5 Professional Practice credits for each class.
Fee:
$35 per class, $125 for the entire series. Breakfast will be
provided at each class.
Registration:
* Phone: Register by phone using your MasterCard, Visa or
AMEX. Call the Municipal Art Society at (212) 935-3960 and tell the
receptionist that you are calling to register for the Continuing Legal
Education series.
* Mail: Fill out the registration form below and mail it to:
The Municipal Art Society
457 Madison Avenue
New York, New York 10022
Attn: Menapace Fellow/CLE Series
* Fax: Fax in the registration form below with a credit card number to
the Municipal Art Society at (212) 753-1816. Address the fax to
"Menapace Fellow/CLE Series."
Advance registration is taken on a first-come, first served basis.
There will be no in-person registration. Please arrive 20 minutes
prior to the start of each program to sign-in, receive materials and
partake of breakfast.
Cancellations and Refunds:
All information is subject to change. Refunds are not available if a
cancellation is given less than 24 hours prior to the start of a
program. Cancellations must be in writing and faxed to the Municipal
Art Society at (212) 753-1816, Attn: Menapace Fellow/CLE Series.
Financial hardship information:
Any attorney with an annual income of less than $50,000 shall be
entitled to a 50% discount upon request. Please call (212) 935-3960
and ask for the Continuing Legal Education contact person for more
information.
The Municipal Art Society of New York is a private, non-profit
membership organization that aggressively champions excellence in
urban design and planning and the preservation of the best of New
York's past. The Society believes that the physical city - its light,
air, land and open spaces - and its sensible development are critical
to New York's continued economic health and social well-being. Founded
over a century ago by a group of architects, mural painters, sculptors
and civic leaders, the Society's initial goal was to further beautify
New York through the use of public art. Advocacy efforts led to the
creation of the nation's first zoning ordinance in 1916 and pioneering
landmarks preservation law in 1965.
MUNICIPAL ART SOCIETY FALL 2001 CLE SERIES
ON LAND USE, DEVELOPMENT AND PRESERVATION LAW
REGISTRATION FORM
Please register me for the following programs at $35 each or $125 for
all five programs:
_____ Uniform Land Use Review Procedure (ULURP) - September 5, 2001
_____ Zoning Resolution - September 12, 2001
_____ Landmarks Law - September 20, 2001
_____ SEQRA/CEQR - September 26, 2001
_____ Incentives for Retaining Business in NYC - October 3, 2001
Name:
__________________________________________________________________
Firm/Organization:
________________________________________________________
Address:
________________________________________________________________
Daytime Phone Number:
___________________________________________________
Please mark one of the following boxes and fill in the corresponding
information:
___ Enclosed is my check for $_____________, payable to the Municipal
Art Society (please indicate "CLE Series" on the check).
-OR-
___ I am paying by credit card.
AMEX____ Visa_____ MC_____
Number: ______________________________ Exp. Date: _______________
Amount: $____________.
Signature: ___________________________________
Please mail or fax this form to: The Municipal Art Society
457 Madison Avenue
New York, New York 10022
Attn: Menapace Fellow/CLE Series
Tel: 212-935-3960; Fax:
212-753-1816
___ Please send me information about the Municipal Art Society
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