By Jeff Lipton
The facility must now perform a cleanup and closure of the site, Anthony J. Cava, state Department of Environmental Conservation's regional solid and hazardous materials engineer, wrote in a Jan. 4 letter to owner of New York Depot Corporation, Joseph Aragona. The DEC said it was revoking the registration it needs to operate because the stockpile of dirt exceeded the maximum 30 feet in height standard imposed by the state in a consent order and regulation.
The facility has also been processing material on top of the stockpile without any barriers and the dust control has been inadequate, Cava said. In addition, the outer slope of the pile has no seeded material, as requested by the state.
Aragona and his attorney, William Cohn, have appeared at a public hearing before the Town of Hempstead Board of Zoning Appeals seeking a permit to operate after the town's building department denied a permit to the company because it has generated noise, dust, dirt and vibration, posing a nuisance and an offensive use. NY Depot, which has been operating for about two years without a permit, recycles dirt, concrete, rock and asphalt into top soil for other construction projects.
Neighbors have vehemently complained that the dirt piles, sometimes measuring upwards of 40 feet, have posed quality of life problems, with dirt and dust blowing from the piles onto their property. They also testified at the hearing that the dust has caused them breathing problems. The hearing, which has been going on for about a year, has been continued several times. The next hearing is scheduled for Wednesday, Jan. 23.
Opponents hailed the DEC action as a major first step toward a victory before the zoning board.
It's a mixed victory, said Elisa Hinken, one of the main opponents of the way the facility has been operating. When the site is totally cleared, I will feel much more relieved.
Nathaniel Swergold, attorney for Sanitary District One, which is located across from NY Depot and has opposed the facility's operation, said he was delighted with the DEC decision to revoke the registration, but the state must now follow up on that by making sure the site is cleaned up and the facility closed down.
Now we have to see if they will strictly enforce it, said Swergold. They are not permitted to bring in any materials at this point. Right now this is the best we could have hoped for on behalf of the interested citizens.
Swergold said that recent measurements show that the height of the lowest pile was 35 1/2 feet and the highest was 46 feet. An engineer called by Sanitary District One's attorneys at the last hearing testified that the dust gets into the air and street and then seeps into the water as a result of runoff after a rainfall.
Swergold said he plans to bring the DEC letter to the zoning board on Jan. 23 and request the board to summarily deny Aragona's application for a permit, which he said has been pending too long.
Cohn said he is attempting to resolve the issue with the DEC. Eventually, we feel everything will be resolved, he said. We are in the process of attempting to get them to change their minds. Things were not moving fast enough to suit them.
He added that the case is far from over.
Cohn and Aragona have maintained that steps were in place to control the dirt and questioned how neighbors were certain the dust has been blowing from the Depot onto their property, if a similar facility has been operating nearby.
Cohn has maintained that there was no evidence presented that proved the facility has been operating in a noxious and offensive manner.
