Corzine urged to veto Pinelands development

[gagliarchives]

From the courier:

Corzine urged to veto Pinelands development

Wednesday, July 26, 2006


By ANGELA DELLI SANTI
Associated Press

Environmentalists on Tuesday urged the governor to veto a large development project in the Pinelands, calling the proposal the biggest threat facing the South Jersey ecological area in 25 years.

Representatives of New Jersey's four largest environmental organizations sent a letter to Gov. Jon Corzine on Tuesday, calling on the governor to use his veto power under the Pinelands Protection Act to scrap the residential-commercial development.

The Pinelands Commission, the steward group for the 1.1-million-acre national reserve, approved the development plan on July 14 after more than a year of meetings and debate. A small portion of the refuge is zoned for development, and the proposed project falls within the growth area.

Walters Homes Inc. wants to build 565 residential units and 650,000 square feet of retail space on the Stafford Township site. The developer has agreed spend an estimated $30 million to cap two landfills at the site in exchange for the right to build there.

Corzine spokesman Anthony Coley said the governor has 10 days to review the minutes of the Pinelands Commission meeting and to make a decision. He said the governor received the minutes and the letter Tuesday.

No New Jersey governor has rescinded a decision of the Pinelands Commission.

"This is the new scam by developers: 'We'll clean up the site and you give us housing,' " said Jeff Tittel, executive director of the New Jersey Sierra Club and one of the authors of the letter. "Only they're not cleaning up the site; it's still contaminated."

The environmentalists say allowing a big residential and retail development in an ecologically fragile area ignores pollution from runoff and fertilizers and sets a bad precedent for other areas in the Pinelands.

But Joseph A. Del Duca, general counsel and a partner at Walter Homes, said "everybody had their say" during more than a dozen meetings and public hearings about the project. He said he thought it was "extremely unlikely" that Corzine would reverse the state's top environmental regulatory agencies, the Pinelands Commission and Department of Environmental Protection, which was consulted on the proposal.

"The process was deeply complicated and involved a great deal of effort from the Pinelands Commission staff and the DEP staff," Del Duca said.

Before building can begin, the developer will cap two landfills at the site, both of which are leaching contaminants such as benzene, ammonia, arsenic and other toxins. It also must relocate at least two dens containing pine snakes and eggs of the protected species.

The developer has also agreed to fund millions in road improvements, including realignment of Interchange 63 of the Garden State Parkway.

 

[LARGO]

At least two whole dens!
Wow.

 

[bobpbx]

Sierra Club, NJPIRG, NJ Audubon, NJEF, Jul. 26, 2006

ENVIROS TO GOVERNOR: PROTECT PINELANDS, VETO JULY 14 MINUTES

Environmentalists Call for Governor to Cast Veto This Week to Protect
the Pinelands

TRENTON -- Yesterday New Jersey's four largest environmental groups
sent a letter to Governor Corzine calling on him to protect the
Pinelands by vetoing the minutes of the July 14, 2006 Pinelands
Commission meeting. In a 9-4 vote, the Pinelands Commission approved
the development of the Stafford Business Park in Stafford Township.
The size of this development will be approximately equal to 2000
people and five Walmart stores. This would mean the loss of 95 acres
of foraging habitat of the protected Pine Snake and several other
endangered plant and animal species. By vetoing the minutes, he will
be able to stop this development.

"This is the biggest threat that the Pinelands has faced in the last
25 years," said Jeff Tittel, Director, NJ Chapter of the Sierra Club,
"It is the largest development ever proposed through a rezoning, and
that will set a precedent that the Pinelands cannot handle."

"It is more important than ever that we don't fall into false traps --
the environment vs. economic growth or the cleanup of a landfill vs.
protecting endangered species. The Pinelands Commission has failed
this test, now the Governor needs to take it over," stated David
Pringle, NJEF's Campaign Director. "Governor Corzine needs to veto
this action and insist on going after the polluters, using public
funds as needed to clean-up the site, and focus on growth that is
consistent with our environmental laws and plans."

The Commission's approval sends the wrong message. It sets a precedent
for developers throughout the Pinelands who want to begin construction
in environmentally sensitive areas. There are 9 other landfills in
Regional Growth Areas and 120 throughout the rest of the Pinelands.
Instead of Responsible Parties funding the clean up of the
contamination, developers will claim they have the right to simply
build over it or next to it.

"If this development is allowed to occur, the Pinelands can expect a
major influx of pollution from traffic and storm water runoff. The
environmental costs of this large scale development will be greatly
felt, especially considering that there are plenty of other developers
waiting to follow their lead," said Dena Mottola, Executive Director,
NJPIRG.

The approval violates the Pinelands Protection Act by allowing the
relocation of endangered species. Already, 24 Pine Snakes and 78 eggs
have been removed from the site. Many studies show that translocation
of snakes leads to an increased rate in mortality. "This sets a
dangerous precedent for the movement of endangered species in order to
make way for development. They cannot be moved without a severe effect
on their population. This is a deliberate and inexcusable violation of
the Pinelands Protection Act," said Eric Stiles, Conservation
Director, NJ Audubon.

"The Pinelands Commission has turned their backs on the environment in
favor of this sprawl development. We turn now to Governor Corzine to
honor his commitment to the protection of New Jersey's world renowned
environmental gem," stated Jeff Tittel, Director, NJ Chapter of the
Sierra Club.

=============================================================

July 24, 2006

Governor Jon Corzine

Office of the Governor

PO Box 001

Trenton, NJ 08625

609-292-6000

Dear Governor Corzine:

Please accept this request pursuant to N.J.A.S. 13:18A-5(h). We
respectfully request that you return the copy of the minutes of the
July 14, 2006 Pinelands Commission meeting with a veto of the action
taken by the commission to approve a Memorandum of Agreement between
the Pinelands Commission and the Department of Environmental
Protection regarding Stafford Business Park. The Commission's 9-4 vote
on the Stafford Business Park matter represents a serious threat to
incredible protections we have achieved in the Pinelands over the last
two decades.

The Commission's approval sends the wrong message. Throughout the
Pinelands developers will use this precedent to justify the
construction of environmentally inappropriate development in our once
protected areas. There are 9 other landfills in Regional Growth Areas
and 120 throughout the rest of the Pinelands. Instead of Responsible
Parties funding the clean up of the contamination, developers will
claim they have the right to simply build over it or next to it.

This approval also violates the Pinelands Protection Act by allowing
the relocation of endangered species. There are at least two dens on
the site and so far 24 snakes and 78 eggs have been removed from the
site. Many studies show that translocation of snakes leads to an
increased rate of mortality. This sets a dangerous precedent for other
endangered species to be moved in order to make way for more careless
development.

The Memorandum of Agreements should only be done for public purposes,
not private developments. The CMP restricts their use to situations in
which the MOA is "accompanied by measures that will, at a minimum,
afford an equivalent level of protection of the resources of the
Pinelands than would be provided through strict application of the
standards of this Plan" N.J.A.C. 7:50-6.52(c)(2). This MOA simply does
not satisfy that standard. Specifically:

1. A proper environmental analysis was not conducted on the impact of
development at the Stafford site.

2. No proper economic analysis was conducted. The developer will
receive a major windfall as it will cost him only a couple thousand
dollars a unit to cap the landfill. It will be the equivalent of a
choice between maple or oak cabinets in the 677 units.

3. The developer is proposing 677 housing units and 650,000 sq. ft. of
commercial space. This will be the largest development ever proposed
in the Pinelands, equal to housing for 2000 people plus five Walmart
stores.

4. The environmental harms caused by this development will include
direct impact to water quality, ground water, and the scenic view from
the Garden State Parkway. This area of the Parkway is supposed to be
protected for its natural beauty. N.J.A.C. 7:50-6.14.

5. Besides the loss of 95 acres of foraging habitat for the protected
Pine Snake, this development will also lead to the destruction of four
other listed species. It will also greatly impact and infringe upon
the wetlands and buffer areas. The proposed project is inconsistent
with the rare animal habitat protection standard of N.J.A.C. 7:50-6.33
because the proposed project will destroy critical habitat for the
Southern Gray Treefrogs (state endangered) and the Northern Pine Snake
(state threatened), two protected animal species.

6. The proposed project is inconsistent with the rare plant standards
of N.J.A.C. 7:50-6.27 because the proposed project will destroy local
populations of two protected species of plants: Knieskern's Beaked
Rush and Little Ladies tresses.

7. It has not yet been demonstrated that the proposed development and
landfill closure will improve water quality, or that the MOA as
proposed will improve water quality, or that the net effect of the MOA
will be at least an equivalent level of protection for the Pinelands.
The capping of the landfill will not necessarily provide any
environmental benefit. All caps inevitably fail. The Environmental
Protection Agency (EPA) does not consider capping to be a permanent
remedy for contaminated sites. This type of capping is not sanctioned
by the Federal RCRA statute. The impact of such a massive development
will have a bigger environmental impact than an old landfill where
most of the contaminants have already leached out.

We strongly believe that as Governor you have made a strong commitment
to the environment and the protection of the Pinelands. By vetoing the
minutes of the July 14, 2006 Pinelands Commission meeting, you will
direct the Pinelands Commission, DEP and Stafford Township to revise
their plans in accordance with the Pinelands Protection Act and the
Comprehensive Management Plan. We will call your office to arrange a
meeting with you or your staff to discuss this important issue.

Sincerely,

Jeff Tittel

Director, NJ Chapter of the Sierra Club

Eric Stiles

Conservation Director, NJ Audubon Society

Dena Mottola

Executive Director, NJPIRG

David Pringle

Campaign Director, NJ Environmental Federation

 

[BEHR655]

"This is the new scam by developers: 'We'll clean up the site and you give us housing,' " said Jeff Tittel, executive director of the New Jersey Sierra Club and one of the authors of the letter. "Only they're not cleaning up the site; it's still contaminated."

I hate stupid people. Why on earth would the developer start cleaning up the property if there is still a chance they can not build there.

Steve

 

[Hewey]

I hate stupid people. Why on earth would the developer start cleaning up the property if there is still a chance they can not build there.

Steve

yea right, its also nice when they clear cut 200 acres of pines to build Mcmansions and name it the "preserve".

 

[bobpbx]

I'm pretty sure he means they will not actually clean up the dump, just cover it with heavy plastic, which is the deal. They are not building on the dump, but adjacent to it. Therefore, he is technically correct.

 

[gagliarchives]

ugh. Like we haven't built enough in this state to begin with.

 

[Boyd]

Only good thing is, with the slowdown in the housing market they may not be in so much of a rush to charge ahead into these projects. Just yesterday I was talking with someone personally involved with the deal in Medford where Pinelands credits are being traded to preserve "Cow Point" in exchange for building a big new development opposite Camp Ockanickon (150 homes I think). He says they want to go ahead with the project, but it is going to be "significantly less profitable" for them now. He also mentioned something which might interest some of you... they found "some snakes" on the land and now the DEP is involved, so it could take years before that project can get off the ground.

I just closed on the sale of my home in Medford, which was a great wooded location when I bought it, until a developer clearcut several adjacent acres and built two McMansions. Those homes are selling for around $1 million each and have been on the market for quite some time now with no takers. It's such a waste that they ruined some nice land for that, but the payback is that somebody is taking a bath on that deal while $2M worth of real estate sits empty. Hopefully the cooling of the real estate climate will discourage some of this pointless development...

 

[Teegate]

He also mentioned something which might interest some of you... they found "some snakes" on the land and now the DEP is involved, so it could take years before that project can get off the ground.

Nice to know...thanks! I bet the campers in the area over the years are saying "I told you so".

Hopefully the cooling of the real estate climate will discourage some of this pointless development...

Most likely correct, but one day it will rebound and they will be off and running again.

Guy