On Monday (1/7/13) afternoon and evening there were two sessions of a DEC Public Hearing covering the application permits before them regarding the Patrick Farm property and the current planned development. A LOT of people turned out to support our efforts and we really thank every one who came or wrote in comments to the DEC.

Today we are being contacted by many of concerned supporters all dying to know how it went. What happened? How did it go?

Well we know some of you saw the short coverage on News12 – which unfortunately only Cablevision subscribers can watch (FIOS users – get a friend to show it to you).

UPDATE (1/9) – The Journal News published an excellent opinion article on the hearing which everyone should read. http://www.lohud.com/article/20130109/OPINION/301090036/Editorial-DEC-take-time-Patrick-Farm

First – we want to say THANK YOU

ROSA wants to thank everyone who took the time to join us last night at the hearing regardless of whether you came to watch or came to speak or submit written comments. Your presence meant something – not just to the DEC or the news that was covering the hearing but to those of us at ROSA who are working so hard to make a difference on behalf of everyone. One day you can come and make an appearance, next time when you’re busy hopefully it will be your friends and neighbors. Your involvement makes a difference.

ROSA wants to especially thank the public officials who came out as well. This really goes above and beyond their jobs and demonstrated their support for their constituents.  The village mayors who did show up spoke exceptional well and we want to thank Mayor Jeff Oppenheim from Montebello, Deputy Mayor Marshall Katz from Wesley Hills, Mayor Veronica Boesch from Airmont and Mayor  Brett Yagel and Deputy Mayor Rita Louie from Pomona.  We were also please that our Rockland County legislators Joe Meyers and Ed Day attended as well in addition to ex-officio Connie Coker and Rockland County Environmental Management Council Chairwoman Natalie Patasaw . Even officials from Haverstraw showed up to read a resolution against the project into the record.

The Small Cup of Coffee Highlights…

• The attendance was good for both sides; we would argue better for the opponents. Certainly from a speaking perspective the opponents far outweighed the proponents.
• The time constraints were  frustrating. The DEC strictly enforced the time limits and there was much much more that could have been covered but ROSA showed up with written statements to hand in so the fact that we really had to significantly curtail statements – frustrating – will be offset by our clear, legally material objections and evidence. Links to documents below.
• Really excellent points were raised; the most material of which is the proof that the applicant submitted false statements and misrepresentation regarding  getting a jurisdictional determination (ie. agency confirmation) of the wetlands on the property.
• The developer has been dismissing our concerns and claims about unmarked wetlands for years with misrepresentations regarding their dealings with the Army Corps of Engineers so it was good to turn in a letter received from the ACOE confirming that there had never been a jurisdictional determination for the property.

All in all, we believe that the DEC saw very clearly that this was no handful of crazy or crazed people just raising a stink. We made key points and clearly demonstrated the emotional connection we have with the beautiful in which we live.

The Big Cup of Coffee Details…

The DEC sent the primary permit contact: Scott Ballard; an adjudicatory judge: Molly T. McBride; regional director Willy Janeway; a stenographer; and at least two administrators who handled checking people in.

1. Both sessions had a good turn out of people opposing the development – our rough estimates were 50-75 per session. Many didn’t sign up to speak but many did and those that spoke, with rare exception, came prepared, and focused primarily on issues that were related on point for the DEC.
2. The developers had also prepared and organized supporters of their own and there were a large number of supporters in the early session and a respectable number in the evening session. This was not surprising to us because we had been given a heads up about a letter circulating asking for supporters which was to be expected. The one thing that we heard that we were concerned about was that opponents to the project were being characterized as promulgating anti-Orthodox Jewish sentiment.  We really hope that allusion was not to ROSA and if it was, we really hope that our performance at the meeting finally put that sentiment to rest.  ROSA supporters who appeared and testified were representative of all faiths (including orthodox Jewish familes), ethnicities and ages and were united in mutual concern over the environment of our community and our desire to protect our natural resources and with very few exceptions – people we don’t know to be honest – were polite and respectful to everyone.
3. The DEC started off with some canned statements about procedure and a Leonard Jackson representative – Dennis Rocks – presented the highlights of the project on behalf of the developer. Then then the sessions began.
4. Elected officials were given an opportunity to speak first. Not surprisingly the representatives of the villages who were organized to maintain less density and more rural character spoke against the project and those who represented the unincorporated areas of Ramapo or the villages organized to allow higher density development spoke favorably.
5. A key message of those who favored the development was that it will produce jobs in Rockland County. And that it would of course provide diverse housing options that are needed. Many supporters also spoke about the character of the developer and spoke highly about him personally.  Regardless of anyone’s agreement or disagreement regarding the points raised in favor of the project, none of the key points had anything to do with the conservation of natural resources which is what the DEC oversees.
6. Opponents to the Patrick Farm development focused on concern over water quality, water quantity and flooding concerns as well as air quality, noise pollution, traffic, trees and wildlife.  Even a few opponents not coordinating with ROSA who tackled non ROSA concerns (local politics, local zoning concerns, etc) managed to tie their testimony back into topics relevant to the environment. So overall we were pleased that so many people were reinforcing the key concerns that ROSA was raising.
7. Susan Shapiro did a fantastic job reading a prepared statement and presenting some visual boards including an aerial photo showing the pond wetland system that was taken by Ross Pilot.
8. ROSA brought Dan Richmond, an environmental attorney from Zarin and Steinmetz to speak who really did a great job summarizes the legal issues before the DEC and the adjudicatory judge really took notes. His prepared statement can be found here: 2013-01-07 D. Richmond of Zarin & Steinmetz DEC Leg Hearing Comments
9. ROSA and Susan Shapiro brought in Andy Willingham from Clouser Engineering to speak who had also come down last week to review the submission materials on file at the Finklestein Library. His findings were incorporated into Dan Richmond and Susan Shapiro’s written statements. The two spoke back to back and complimented one another.
10. Suzanne Mitchell, director of ROSA, gave an impassioned speech where she revealed to the DEC and the audience that discussions have been made with the developer to find a sustainable alternative but that, while the developer initially agreed to explore working with a planner specializing in sustainability, nothing had materialized but reminded him that there is still an opportunity to bring the community together through true sustainable down-scaled housing.
11.  In the evening session Kim Copenhaver – a wetland specialist with a history as a regulator herself – spoke regarding her review of the  records of this case. She summarized her key points and the submitted this review letter:2012-01-07 Copenhaver DEC permit hearing memo 2013 Final Revision
12. In the evening session bringing up the rear was Deborah Munitz, a ROSA Board Member and keeper of the maps and documents. First  made sure to pull old documents previously submitted to the DEC into the record for this permit review 1) the ROSA Petition to the DEC  (warning large .zip file) and 2) the letter that ROSA developed with Susan Shapiro sent to ACOE and posted on this page: https://rosa4rockland.org/misrepresentation-of-acoe-jd/ With barely time to spare she submitted an analysis of issues which appeared to require an explanation from the developer to the DEC on why is there so much development right up to and within stream and wetland resources. 2013-01-07 ROSA Comments on Patrick Farm for DEC Hearing
    
13. In addition to all the above there were dozens of volunteers reading other testimony into the record as well. If there are urns of coffee in your office and you really feel the need to keep on reading, just email us. We have a lot of this stuff and can keep you reading and reading.