The New York state environmental commissioner has selected a Hudson Valley Hasidic Jewish village to lead the review of a request annexing just over 500 acres of land in the Orange County town of Monroe. As WAMC’s Hudson Valley Bureau Chief Allison Dunne reports, the decision is controversial.
New York Department of Environmental Conservation Commissioner Joe Martens has designated the Village of Kiryas Joel as lead agency for the proposed annexation of 507 acres of town land in Monroe. As lead agency, the village will oversee the State Environmental Quality Review, or SEQR, process for the proposed annexation to the village. A DEC spokesman says the village has indicated it will prepare an environmental impact statement in connection with the proposed annexation. Paul Larrabee is spokesman for the village. He points to the DEC decision detailing why the village is best to take on lead agency status.
“It clearly referenced the village’s comprehensive plan of compact, high density development that incorporates walkable, bikeable options, the use of mass transit and other transportation components as the best path towards ensuring sustainability,” says Larrabee.
The Monroe Town Board was one of two disputing agencies seeking lead agency status. Town Councilman Daniel Burke says he is neither surprised by nor disappointed with the decision.
“Everything pointed to this,” Burke says. “Every decision the DEC has made in the past they gave lead agency status to the receiving municipality that was going to be responsible for supplying the water, sewer, and everything else.”
Burke points to tensions within Monroe, between those who own properties on 1-3 acres and those who live on high density parcels. Burke says he represents both sides.
“I have to just make sure that the process is correct and that the environmental review is done correctly,” says Burke. “I’m encouraged by the fact that Kiryas Joel, the Village of Kiryas Joel, said that they would be very careful and follow what the DEC recommended. And we will be able to, as an involved agency, the Town Board of Monroe will be able follow this very closely every step of the way.”
Orange County was the second disputing agency. Orange County Executive Steve Neuhaus says the county should be designated lead agency for all large annexations and he’s repeating his request to the state legislature that counties be given a definitive role in such a process. Emily Convers is chairwoman of grassroots organization United Monroe, a staunch opponent of the proposed annexation.
“This is not an appropriate choice for a lead agent in an environmental review process,” says Convers. “This village has notoriously been a bad steward of the environment. And, in addition to that, the municipality of Kiryas Joel is not even a functioning municipality. So to even consider doubling the size of this village is preposterous.”
In addition:
“It’s essentially a theocracy run by a couple of guys behind closed doors who are just, who have no concern for their neighbors,” says Convers.
Larrabee responds.
“It’s unfortunate and sad that each time a merit-based decision is rendered, whether it be in a supreme court or by a state regulator, that is contrary to Miss Convers’ position, she elects to challenge the integrity and honor of those making the decision,” Larrabee says.
Convers says the group has hired an outside law firm, and could pursue a lawsuit down the road.
“This may very well go to state or federal court because they essentially are segmenting the environmental review process and this is not in the overall public interest, which an annexation must be in order to be approved,” says Convers. “And there may even be an establishment clause argument to be made here, which is a separation of church and state issue.”
In making his decision, Commissioner Martens cited three criteria, in order of importance, for resolution of lead agency disputes. The first is the primary location of an action's impacts. The second is looking to the agency that has the broadest governmental powers for investigating the impacts. The third is considering the agency that has the greatest capability for the most thorough environmental assessment of the action.
