A Nassau County Supreme Court judge lifted a temporary restraining order on Wednesday that had been issued against the construction of an air stripper purification system in Christopher Morley Park that would rid water contaminants from a Roslyn Water District well in the Village of Roslyn Estates.
The restraining order had been granted at the conclusion of an emergency hearing last Tuesday following the filing of a lawsuit by three Roslyn residents – including two from Roslyn Estates – against the destruction of several trees in Christopher Morley Park as part of the project. Nassau County Executive Edward Mangano, North Hempstead Town Council, Nassau County Legislature and the Roslyn Water District were listed as defendants in the lawsuit.
The lawsuit said the project violated several state environmental protection laws and challenged the validity of a park land alienation agreement between the Nassau County and the New York State Legislatures to allow the Roslyn Water District to build the air stripper in Christopher Morley Park.
“The judge was unreceptive, to put it in very polite terms,” said Richard Brummel, of East Hills, who filed the suit with Roslyn Estates residents Joshua Dicker and David Greengold.
Peter Fishbein, the attorney for the Roslyn Water District, said “the court decision regarding [the temporary restraining order] is an appropriate and right decision.”
Brummel said he plans to appeal the decision.
The $3 million air stripper project, initially proposed for district’s Diana’s Trail site, was approved by the Town of North Hempstead in late February as part of the Roslyn Water District’s $20.9 million capital bond on the condition that officials work to acquire the land to build in the park.
The Roslyn Water District serves the villages of Roslyn, Roslyn Estates, Roslyn Harbor, East Hills and Flower Hill as well as parts of North Hills and Port Washington and the unincorporated Roslyn Heights, Albertson, Greenvale and Glenwood Landing.
The Nassau County Legislature unanimously approved a home-rule message enabling the legislation to come before the state in late May. The state Assembly and Senate approved the agreement prior to the end of the legislative session on June 20.
Water pressure within the district has decreased in the last year with demand at an all-time high, officials have said, leading the district to implement a water rationing plan supported by Roslyn’s villages to avoid a possible shortage through the summer.
Contaminants – including the chlorofluorocarbon Freon-22 – were found within the water at the Diana’s Trail well in August 2013, and levels spiked so severely that water district officials closed the well completely in November. Wells on Mineola Avenue and beneath the William Cullen Bryant Viaduct are also being treated to remove contaminants.
Exposure to Freon-22 can cause dizziness, loss of concentration, depression and/or cardiac arrhythmia if inhaled in high concentrations, and can also cause asphyxiation if inhaled in confined spaces.
Roslyn Estates residents opposed the construction of an air stripper at the water district’s well at Diana’s Trail because it would rid contaminants from the water and emit them into the air in a neighborhood where small children are often present.
The state Department of Environmental Conservation has launched an investigation to find the source of the Freon-22, but water district officials said the contaminant could have been in the ground for more than 20 years before it made its way into the water supply and may never be found.
Several environmental advocates have opposed the use of park land for the air stripper, urging lawmakers to find an alternative location for the project.
In mid April, officials from the Green Party of Nassau County issued a statement urging lawmakers and Roslyn Water District officials to undertake a “full public process” before moving forward with construction.
The Long Island Group of the Sierra Club also issued a statement in April saying the air stripper “would detract significantly from the character of the park.”
More recently, East Hills village resident Richard Brummel has held rallies at Christopher Morley Park and circulated a petition favoring an alternative site for the air stripper.
Brummel in early June was denied a permit to hold a protest in advance of the county Legislature’s vote and filed suit against Nassau County stating that his First Amendment rights had been violated.
The county parks department later issued permits allowing him to hold protests over three consecutive weekends in June, and Brummel successfully challenged the county’s initial decision in state Supreme Court.
Reach reporter Bill San Antonio by e-mail at bsanantonio@theislandnow.com, by phone at 516.307.1045 x215 or on Twitter @b_sanantonio. Also follow us on Facebook at facebook.com/theislandnow.
