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 River applied to DEC for a transfer of the sites from the Voluntary Cleanup Program to the Brownfield Cleanup Program. After DEC advised East River that its application was complete, the agency delivered a final Cleanup Agreement to East River, which executed the agreement and sent it back to DEC. DEC, in an apparent change of position, refused to execute the agreement, and six months later, issued a determination denying the sites’ inclusion in the program. (read more…)

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 than sixty years, depositing substantial amounts of hazardous contaminants into the surrounding property.

As part of HLP’s plan to develop the parking lot into two mixed-use high-rise towers, HLP submitted an application to the NYS Department of Environmental Conservation for entry into the Brownfield Cleanup Program. The Brownfield Cleanup Program Act of 2003 was enacted to encourage voluntary cleanup of hazardous waste sites and return them to constructive use. If accepted, HLP would be eligible for tax credits and liability limitations upon completing the required remediation. (read more…)

Garage will be part of large mixed-use project. HLP Properties LLC sought a special permit for a 718- space public parking garage on a Chelsea site spanning an entire city block between West 17th and West 18th Streets and Tenth and Eleventh Avenues. Access to the garage would be located on West 17th Street, a one-way westbound street. The 76,400- square-foot site currently contains a surface parking lot used primarily by the United States Drug Enforcement Agency for employee parking and storage of confiscated vehicles. The High Line, the abandoned elevated rail line slated to become open space, cuts through the lot.

The garage would be only one part of HLP’s proposed development plan for the site, consisting of a two-tower, mixed-use development with 870 residential units, 23,000 sq.ft. of retail space and a second parking garage for tenants with 180 spaces. HLP anticipates that only the 718-space public parking garage will require Commission approval. (read more…)