Search Results for: NYSDEC

DEC ordered to admit site into brownfield program

Courtesy of Ismael Leyva Architects.

Court previously overturned DEC’s denial of developer’s application and ordered additional analyses. A developer planned to construct a 341-unit mixed-use building on a 17,700 sq.ft. parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn. An environmental assessment of the site revealed the presence of lead and semi-volatile organic compounds. The developer subsequently applied to the State Department of Environmental Conservation’s Brownfield Cleanup Program.

DEC determined that the … <Read More>

Lower court reversed; Piers project moves forward

First Department rules NYSDEC was not an “involved agency” in project’s environmental review. In 2008, the City’s Economic Development Corporation selected MMPI Piers LLC, a subsidiary of Vornado Realty Trust, to renovate Piers 92 and 94 along the Hudson River between West 52nd and West 55th Streets in Manhattan. The piers have been used as exhibition space and for trade shows, and Pier 92 has served as a cruise ship dock when Piers … <Read More>

Denial of State brownfield benefits overturned

DEC denied access to State’s brownfield cleanup program on theory that contamination did not complicate development. In 2007, a developer purchased a 17,700 sq.ft. former parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn, intending to build a 342-unit residential building. An environmental assessment of the site’s subsurface revealed the presence of lead and at least seven semi-volatile organic compounds at levels exceeding regulatory standards. In April 2008, the developer filed an application with … <Read More>

Site qualifies as brownfield

DEC acted outside its authority by creating “but-for” test to deny eligibility. East River Realty Company LLC owned several contaminated properties in the Murray Hill neighborhood of Manhattan and in 2001 entered them into the NYS Dept. of Environmental Conservation’s Voluntary Cleanup Program. The sites are former Con Edison sites, and are among the largest and most valuable development sites in the City.

Following the enactment of the State’s Brownfield Cleanup Program in 2003, East … <Read More>

Court compels DEC to accept brownfield application

DEC overstepped its authority by judging application against eligibility regulations not found in Brownfield statute. HLP Properties LLC owned a 1.75 acre surface parking lot bounded by West 17th and 18th Streets between 10th and 11th Avenues in Manhattan. The lot was part of the former West 18th Street manufactured gas plant, a 19th century facility that converted coal to combustible gas for all of Manhattan north of Canal Street. The plant operated for more … <Read More>