Guest Post from Nassau Democratic Town Chairman Mark Berger

            March 10, 2011 was an historic day for Nassau. On that day, two separate, but very important and portentous decisions were rendered. We experienced a loss and a win, but the real victory will be a long time coming.

            Let’s start with the loss that is unquestionably a loss. On March 10, a unanimous ruling by the Appellate Court upheld Judge Lynch’s decision which declared the 2008 Comprehensive Plan and its supporting legislation null and void. Nassau has another appeal pending, but our record so far is 0 for 3.

            The terse ruling is available at this link: http://townofnassau.org/content/News/View/27:field=documents;/content/Documents/File/979.PDF.

            Practically speaking, the Appellate Court’s decision means that no recently passed zoning laws apply to the TS&G mining application. If the Town adopts a new Plan and new laws this year or in the future, Troy Sand and Gravel will not be bound by the terms. To underscore this point, in June of 2010, the Town entered into a Stipulation Agreement which said, in part, that if the nullification of the 2008 laws were upheld TS&G “shall be exempt from any subsequent land use regulation that may or will be adopted by the Town Board of Nassau from this date forward.”

            Also on March 10, the United States Environmental Protection Agency, Region 2, added Dewey Loeffel Landfill to the Federal Superfund List. At an information meeting last spring, EPA officials explained the process and heard from the public. According to their news release, which I have attached, adding the toxic waste site to the Superfund List “enables the EPA to initiate and oversee the cleanup of the site.”

            The EPA was “unable to reach agreement on a settlement with General Electric, Bendix Corporation and Schenectady Chemicals” (the so-called Potentially Responsible Parties) and so it will proceed on its own to investigate the landfill and the resultant contamination.

            This coming Thursday, March 24, from 7pm – 9 pm at St. Mary’s Church Parish Hall, another EPA public information meeting will be held to explain and answer questions about what happens next.

            Although I am relieved that the EPA is looking to move forward where the DEC has treaded water for so many years, I am cautiously optimistic about what the EPA will be able to accomplish. Now, Nassau is officially the home of one of the 1200 most toxic waste sites in all the United States and Puerto Rico. For those who still believe that “people should be able to do what they want with their land” and for those who put up signs about “property rights,” I say “Pitch a tent on Dewey Loeffel’s former land and drink a glass or two of the water there as a toast to that outdated idea.”

            I hope we have a good turnout on Thursday with residents of Nassau and Schodack joining together again to hear what is being said and to say what is on their minds. Good government begins with us.

Thanks for listening,

Mark

Town of Nassau Democratic Committee, PO Box 237, East Nassau, 12062: Where your donations lead to good government.