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Brownfields Case Study
J.T. O'CONNELL REALTY CO. (FORMER)
Bristol , R.I.
Last update: February 1998
Site Characteristics:
The site of the Miles Avenue Property Co.,LLC (formerly the J.T. O'Connell Realty Co.) is located at 253 & 267 Thames Street in Bristol, Rhode Island and consists of two buildings formerly used as a lumberyard office and storage facility. The site is situated along the Bristol waterfront area which has historically been used as a commercial and manufacturing area for over 200 years. A residential area with intermixed commercial businesses is located along the opposite side of Thames Street.
Environmental Issues:
In July 1997, J.T. O'Connell Realty Co. notified the Department of a release of hazardous materials based upon findings from a Phase I Environmental Site Assessment conducted in May 1997 by BETA Engineering, Inc. (BETA) for the property. The area of contamination appeared to be historical in nature and consist primarily of lead and some polycyclic aromatic hydrocarbons (PAHs). A Phase II Environmental Site Investigation conducted in June 1997 by BETA and the final Environmental Site Investigation Report dated July 1997 by BETA, defined the extent of contamination to the subsurface soils in two areas of the property.
The Brownfields Issue:
Initially, the contaminated soils represented a barrier to the pending sale of the property. The barrier was due to the perception of an unpredictable regulatory process which translated into unknown cost for managing the contamination. It was thought that the remediation and associated institutional controls (land usage restrictions) would render the site undevelopable or at least severely impact the conceptual site development process. Nevertheless, a prospective purchaser, Miles Avenue Property Co., LLC (Miles), expressed interest in purchasing the site, provided that these issues could be worked out up-front and that they would be held harmless with respect to existing contamination.
The Settlement Agreement:
The Settlement Agreement/Covenant Not to Sue with the Department in December 1997 allowed Miles to move forward with the reuse and redevelopment planning for the property. The agreement stipulates that Miles will place a geotextile material over the certain contaminated areas to eliminate any future direct exposure threat and record a land usage restriction for those areas. The restriction would not allow any excavation or intrusion activity in the contamination areas, thereby ensuring the permanency of the remedy. Once the development plans have been approved by all the necessary local and State agencies, the formal reuse plan and the Remedial Action Work Plan describing the technical issues regarding the remediation will be sent to the Department for final approval.
Other Issues/Economic Benefit:
This project demonstrates how the implementation of an environmental remedy can proceed simultaneously and cooperatively with the reuse construction work. The Thames Street property totals an area of 1.0 acre (42,208 sq.ft.) of land and has two existing buildings. The total land and building assessment for the three lots is $312,000. The property taxes paid to the Town of Bristol by Miles Avenue Property Co., Inc. totaled $5596.21. The redevelopment of the property is designed to create new jobs through the restoration of harbor buildings that will be used as restaurants, office space, public waterfront and a hotel.
page last updated: 04/03/03
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