Waterpointe worked out?

From the Times Ledger:

After the Whitestone community raised concerns about soil contamination, elected officials and local leaders met with the state Department of Environmental Conservation and developers of the Whitestone Waterpointe project to discuss the future of the venture moving forward.

Last week, state Sen. Tony Avella (D-Bayside), Assemblyman Daniel Rosenthal (D-Flushing) and members of Community Board 7 and the Greater Whitestone Taxpayers Civic Association, were able to talk to DEC and developers from the Edgestone Group about key issues facing the 18-acre waterfront property, located at 151st Place and 6th Road.

Avella wrote a letter to DEC Commissioner Basil Seggos requesting a meeting with the commissioner to find out why DEC permitted Edgestone Group to modify the soil cover requirement from Track 2 Residential to Track 4 Restricted-Residential and why DEC allowed the change without first discussing it with elected officials, CB 7 or community members.

Last week’s meeting allowed for a dialogue and Avella said that while there are still a few items that remain to be concluded, he and Rosenthal were able to talk the developer into agreeing to bring in additional “unrestricted” or “virgin” soil so that homeowners will be able to grow vegetables in their garden. Avella said they were also able to have the developers agree that all monies placed in escrow to maintain the environmental monitoring system, which will require a yearly report, will remain with the homeowners association at the end of the original ten-year escrow agreement term.

For now Avella and Rosenthal said they will urge the developer to increase the monies to be held in escrow to ensure that the new homeowners will not be burdened by the expense of the environmental monitoring system. While the senator said he was pleased that the developer agreed to put in unrestricted soil, he is convinced that the current dollar amount planned for the escrow account is inadequate and will prove to be too little over time.

Public advocate offers to help file Whitepointe lawsuit

From the Queens Chronicle:

Whitestone residents upset with the controversial Waterpointe brownfield cleanup may have an influential new ally.

Public Advocate Letitia James said she would help in the potential launch of litigation over the situation at the We Love Whitestone Civic Association's meeting on Wednesday night.

"I'm prepared to seek and try to find a law firm that will represent you in your interests," she said. "This is totally unacceptable."

The Edgestone Group, which conducted the cleanup, plans on building 52 single-family homes at the property. The firm could not be reached for comment.

Many in the community are upset with the Department of Environmental Conversation over the project, because the agency agreed to let Edgestone pursue a different cleanup method than first planned. Rather than the Track 2 residential cleanup that was originally planned, the developer conducted a Track 4 unrestricted residential one, which is less stringent in terms of the chemicals allowed at the site.

The DEC issued a certificate of completion for the cleanup last month.

Waterpointe is being watched

From the Times Ledger:

DEC released a letter in September entitled “Explanation of Significant Differences” explaining why changes to the soil fill had been allowed in the remediation plan. Cervino said the switch from Track 2 residential soil to Track 4 commercial soil will negatively affect future owners in this development. He pointed out that in order to build a house a chemical citeria must be met that guarantees a safe toxicity level for children to play in the yard and for plants to grow there.

According to Cervino, when the board asked for data about the soil, it was estimated that at least 40,000 tons of soil was recontaminated after the site was cleaned up around 2010. Cervino is asking for proof that the 40,000 tons of soil was cleaned up since then because the board was never given data to prove that it was.

“Now we hear that there was this agreement that this property was recontaminated and now they’re going with commercial standard,” he said. “It is now eligible for Track 4, which means the Brownfield cleanup and consent order was not adhered to. I want to know why they were given lax restriction to original agreement.”

Cervino speculated that most of it was left on site. He thinks DEC only cleaned some of the soil out.

CB7 Chairman Gene Kelty said it is out of the board’s hands and can only be handled at the state level. DEC will be voting in two weeks for a certificate of completion. CB 7 said it wants to stall development from moving forward until the board gets clear answers on why the track was changed and the levels of contamination of the soil. CB7 agreed to write a letter to DEC asking state Sen. Tony Avella (D-Bayside), state Assemblyman Edward Braunstein (D-Bayside) and Assemblyman David Rosenthal (D-Flushing) to hold a hearing.

Waterpointe doesn't allow single-family homes

From the Queens Tribune:

Whitestone resident Robert LoScalzo believes that despite the correction made in the September fact sheet, it’s impossible for the DEC to allow single-family homes on a Track 4 site, per the Department of State’s regulations. In a letter to the DEC, he cites one regulation that “the restricted residential use” denoted by Track 4 “shall at a minimum, include restrictions which prohibit…single family housing.”

“It’s right there in black and white,” LoScalzo said. “It just doesn’t seem to wash with what the regulation says.”

The DEC said that the certificate of completion for the remediation should be issued this year. Additionally, the agency is “establishing an escrow agreement with the developer to fund site management activities at this site for a period of 10 years in the amount of $272,000.” In the meantime, Sweeney said that the board has reached out to Councilman Paul Vallone (D-Bayside) seeking the only thing that will guarantee single-family homes at Waterpointe: a rezoning.

DEC too lax with Whitestone brownfield cleanup

Great report by Ryan Brady in the Queens Chronicle:

In September, the Department of Environmental Conservation changed the brownfield cleanup program track for the Waterpointe development planned in Whitestone. A Track 2 residential cleanup was first planned for the site, where a single-family housing development is planned.

But after the agency discovered that material at the site used as fill did not meet the residential use soil cleanup objectives, it changed the project to Track 4 restricted residential use, a less stringent one. And though the DEC initially had said that single-family homes could no longer be built there, it reversed its stance after Community Board 7 protested.

The agency decided to stick with Track 4 restricted residential use when it reverted back to the single-family housing plan. And while the DEC told the Chronicle that the option is permitted when the homes are controlled by a common entity, as the Waterpointe ones are planned to be, Whitestone resident Robert LoScalzo believes that the agency cannot allow them to be built with that track.

As proof, he points to the sheet that the DEC sent CB 7 when it initially changed the brownfield cleanup and said that single-family homes could not be built. It said, “Restricted residential use provides for common ownership or a single owner/managing entity of the Site, however, single-family housing is prohibited.”

According to LoScalzo, allowing the one-family homes is “a bastardization of what they’re obligated to do under the regulation.”

To further back up his argument, the Whitestone resident pointed to a set of DEC regulations that became effective in 2006, which also says that restricted-residential use does not allow one-family homes.

The agency has also said that the Edgestone Group, the firm that owns the site, was responsible for the fill that led the track to be changed. LoScalzo wonders why the company was not punished at all for using it. “By virtue of dumping material there, they failed to comply with the standards for Track 2 cleanup,” he said. “Why are they so easily off the hook by DEC simply changing the cleanup to Track 4?”

We hear LoScalzo was present at Senator Avella's event yesterday at the Waterpointe site, and addressed the press separately afterward. Stay tuned for more because it looks like he's not done yet.