Major Victory Achieved as Town of Dover Planning Board’s Approval of Electrical Substation Overturned

https://www.theharlemvalleynews.net/?p=65790

DOVER PLAINS AND WINGDALE, NY — In a major triumph for the protection of the Great Swamp and community activism, Friends of the Great Swamp (FrOGS), Concerned Citizens of Dover (CCD), and The Oblong Land Conservancy (Oblong) have successfully nullified the Town of Dover Planning Board’s approval of New York Transco’s proposal to build an electrical substation on the grounds of a former automobile junkyard.

The site of the proposed substation, which was used as a wrecking facility for approximately 20 years and was never remediated. This proposed site directly drains into the north flow of the Great Swamp, one of the largest Freshwater Wetlands in the state. It is an important habitat to rare and endangered species, and a critical drinking water source for the region. Recognizing the profound impact of the construction of Transco’s project may have on the local ecosystem by potentially disturbing legacy soil contamination, FrOGS, CCD and Oblong united their efforts and filed a lawsuit challenging to challenging the Planning Board’s approval of the project despite its failure to engage in the “hard look” required under SEQRA (State Environmental Quality Review Act).

In a decision issued on August 28th, 2023, the Hon. Thomas R. Davis of the Supreme Court of New York agreed with the Petitioners, nullifying the Planning Board’s approval of the project and remanding the project back to the Planning Board for it to take a “hard look” at the areas of environmental concern. “We appreciate the court’s consideration and the care taken in reviewing a very lengthy record,” said Petitioner’s attorney, Michael Sussman. “I am confident the judge reached the right conclusion and encourage the Planning Board to take a hard look at the critical issues community groups have raised and commit itself to protecting precious and irreplaceable natural resources. There are no do overs.”

The decision to overturn the Town of Dover Planning Board’s approval of the Transco project is a powerful demonstration of the power of community engagement and activism in safeguarding the environment for current and future generations. “This victory is a testament to the strength and determination of our community. We came together with a shared goal — to protect the land, water, and biodiversity that sustain us,” said Charlie Quimby, founding member of CCD. “We believe in responsible progress and have hope that today’s court ruling will impact future development decisions in our town.”

The efforts of these organizations were considerably bolstered by the overwhelming support of local residents, environmentalists, and concerned individuals who rallied behind the cause. Petitions, public hearings, and rigorous research played a pivotal role in raising awareness about the potential adverse effects of the proposed substation on the region’s delicate ecosystem. “We extend our gratitude to everyone who joined hands in this endeavor, remarked Louis Trombetta, Chair of the Oblong. “ This result provides that a dedicated group of concerned citizens and two small land conservancies can protect an area of considerable environmental importance through education and outreach.

As we move forward from this remarkable victory, FrOGS emphasizes the importance of continued vigilance in protecting our natural habitats, and the ecological balance that sustains them. “Our work is far from over. We hope this serves to alert all Planning Boards that their deliberation and decisions must be environmental sound and clear to the public. Please support our collective efforts to defend our unique local gem the Great Swamp watershed. Together, we can ensure future generations will inherit a vibrant and thriving ecosystem.” Jim Utter stated.

https://tricornernews.com/millerton-news-regional/judge’s-decision-urges-dover-planning-board-take-‘hard-look’-transco

October 11, 2023

DEBORAH MAIER

DOVER PLAINS — A decision by New York Supreme Court Judge Thomas Davis in late August denied New York Transco permission to construct and run a power substation on a former auto wrecking site on Route 22 near Cricket Hill Road that borders on an important wetland.

The Dover Planning Board had granted permission to the company in February, but a coalition of local environmental groups and residents argued that in planning this project, there was insufficient attention paid to the New York State Environmental Quality Review Act (SEQR).

The judge remanded the matter to the Town of Dover Planning Board to take a “hard look” at the areas of environmental concern. The Town of Dover filed an appeal but withdrew its appeal several days later.

Transco’s communications director Shannon Baxevanis, said, “We’re internally considering our options and the timing. We can keep you updated as we execute next steps.”

Transco’s request for permission from the Planning Board began in April 2021, when it was leasing and in contract to purchase the site, which is “…adjacent and to the north of the Cricket Hill Preserve, (also locally known as the Great Swamp), which is a National Historic Landmark, a New York State-designated Critical Environmental Area, and a Class I wetland,” according to the decision.

The company’s formal application followed in October 2021, after a meeting and various correspondence with the Planning Board, which declared itself a lead agency in conducting the review.

The project’s intention is to install a Phase Angle Regulator (PAR), which is a specialized form of transformer used to control the flow of real power on three-phase electric transmission. Over the next year, Transco appeared at the Planning Board’s meetings to discuss it and retained experts to address questions from the board and the board’s own experts, attorney Victoria Polidoro, planner Aaron Werner, and engineer Joe Berger.

In a July 2022 letter, Transco, having submitted numerous documents to bolster its case, maintained that “there are no reported spills at the Site…and it was not listed on DEC’s Environmental Site Remediation database.”

In sum, it concluded, “The planned area of disturbance on the Site is small, relative to the scale of the overall system which feeds water into the Great Swamp.” Public hearing on the project was from September 2022 to Feb. 1, 2023.

The coalition of environmental and conservation groups—Friends of the Great Swamp (FrOGS), Concerned Citizens of Dover (CCD) and the Oblong Land Conservancy—attended Planning Board meetings and voiced their concerns and supplied counterarguments.

FrOGS’ James Utter, who is its board chair, faulted Transco’s soil and groundwater testing as “inadequate and unclear, in that only very few samples were taken, the locations of the samples were not in areas where many of the junkyard vehicles had historically been stored and, though dozens of contaminants (some known carcinogens) were listed as having been detected in the samples, none of the actual data from the testing results was supplied by Transco.”

In referring to a graph that Transco submitted as proof of lack of current and potential damage, the judge’s decision read: “In the three-column graph that had been submitted as above, (Analyte/substance, Applicable Use Standard” and ‘Exceedance of...standard, respectively) there was no underlying data, i.e., numerical concentration for each analyte, which would have revealed “how close the testing came to exceeding the limits.”

Both the Planning Board and the coalition members requested that Transco reveal the relevant data, but the graph and other documents were admitted as sufficient by five out of the seven Planning Board members, which granted Transco the permission to continue. One board member voted against the project, and one was absent when Chair Ryan Courtien announced the Feb. 6, 2023, approval of Transco’s plan.

Coalition members followed with a Notice of Petition on March 8, 2023, to annul the decision and to prevent any further “site disturbance,” which culminated in the Aug. 28 decision by Judge Davis. Named as petitioners were FrOGS, the Oblong Land Conservancy, CCD, and Charles A. Quimby, with the Town of Dover, Transco LLC, and Consolidated Edison Company of New York Inc. as respondents.

For its part, the coalition of environmentalists and other residents is quietly optimistic. “We came together with a shared goal: to protect the land, water, and biodiversity that sustain us,” said Quimby, a founding member of CCD. “We believe in responsible progress and have hope that [this] court ruling will impact future development decisions in our town.”