SNEAPA 2013 Thursday d2 3_30_converging_blight
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A Vision of the Future Converting Blight to Public Open Space
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SNEAPA 2013 Thursday d2 3_30_converging_blight
- 1. Responsive. Reliable. Proven. Since 1980 A Vision of the Future Converting Blight to Public Open Space Southern New England American Planning Association Conference Worcester, MA October 17, 2013 © 2013, Mabbett & Associates, Inc.
- 2. Responsive. Reliable. Proven. Since 1980 A Vision of the Future Converting Blight to Public Open Space James Greacen, LSP, LEP, PG (Mabbett) Pamela Brown, Esq. AICP (Brown & Brown, PC) Andrew Glucksman, LEED AP (Mabbett) © 2013, Mabbett & Associates, Inc.
- 3. Responsive. Reliable. Proven. Since 1980 Managing Uncertainties Associated with Environmentally Impaired Properties • Environmental Impairment – Subsurface contamination – Buildings • Addressing Environmental Liabilities – Assessing the magnitude of the problem – Managing the financial impact – Managing the physical impact • Example Case Studies © 2013, Mabbett & Associates, Inc.
- 4. Typical Sources of Contamination • Leaking underground storage tanks • Historic industrial waste management practices (the back 40) • Discharge from floor drains • Sewers in a poor state of repair • Waste burial • Urban fill © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 5. Responsive. Reliable. Proven. Contaminant Migration Since 1980 1. Oils, solvents, and other liquid contaminants can migrate through the subsurface 2. Rainwater or groundwater leaching through contaminated soil or contaminant sources (leaking tanks, drums, waste piles, landfill) © 2013, Mabbett & Associates, Inc.
- 6. Typical Sources of Groundwater Contamination © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 7. Typical Sources of Groundwater Contamination © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 8. Responsive. Reliable. Proven. Contaminated Air Migration of Subsurface Vapors into Buildings Since 1980 © 2013, Mabbett & Associates, Inc.
- 9. Responsive. Reliable. Proven. Since 1980 Contamination in Buildings • • • • • • © 2013, Mabbett & Associates, Inc. Asbestos Lead-based paint PCBs in building material Mercury Mold Radon
- 10. Responsive. Reliable. Proven. Since 1980 Contamination in Buildings - Asbestos © 2013, Mabbett & Associates, Inc.
- 11. Responsive. Reliable. Proven. Since 1980 Contamination in Buildings - Asbestos © 2013, Mabbett & Associates, Inc.
- 12. Responsive. Reliable. Proven. Since 1980 Contamination in Buildings - Asbestos • • • • • • • • • Cement pipes Cement wall floor tile Vinyl floorboard Asphalt floor tile Vinyl sheet flooring Acoustical plaster Decorative plaster Textured Paints/coatings Ceiling tiles © 2013, Mabbett & Associates, Inc. • Construction Mastics • • • • – Floor tile – Carpet – Ceiling tile spray-applied insulation Blown-in insulation Fireproofing materials Elevator equipment panels • HVAC duct insulation
- 13. Responsive. Reliable. Proven. Since 1980 Contamination in Buildings - Asbestos • Boiler insulation • Ductwork flexible fabric connections • Pipe insulation • Heating and electrical ducts • Electrical panel partitions • Electric wiring insulation • Roofing shingles © 2013, Mabbett & Associates, Inc. • • • • • • • Roofing felt Base flashing Fire doors Caulking and putties Adhesives Wallboard Joint compounds spackling compounds
- 14. Responsive. Reliable. Proven. Since 1980 Contamination in Buildings – Asbestos Use a Reputable Contractor © 2013, Mabbett & Associates, Inc.
- 15. Responsive. Reliable. Proven. Since 1980 Contamination in Buildings - Lead Based Paint Used before 1978 Percentage of Homes with Lead Based Paint 24% between 1960-1977 69% between 1940-1959 87% before 1940 © 2013, Mabbett & Associates, Inc.
- 16. PCBs in Building Materials and Industrial Applications • • • • • • • • © 2013, Mabbett & Associates, Inc. Transformers Hydraulic fluids Paints Water proofing sealants Fluorescent light ballasts Lubricating oils Caulking Insulating materials Responsive. Reliable. Proven. Since 1980
- 17. Responsive. Reliable. Proven. Other Regulated Building Materials Since 1980 • Thermostats (mercury) • Switches (mercury) • Refrigerants (ozone-depleting substances) Other Environmental Issues • Mold • Radon © 2013, Mabbett & Associates, Inc.
- 18. The point (if you don’t get it already) is that there is a Big Downside if you are unprepared to assess and manage environmental liabilities © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 19. Responsive. Reliable. Proven. Since 1980 So Why Bother, Why Take on the Risk? • The good, cheap stuff is already gone • Brownfields are often in prime locations • There are ways to manage contamination, sometimes with little incremental cost • Brings properties to a higher use and benefit to the community © 2013, Mabbett & Associates, Inc.
- 20. Before Acquiring a Property Environmental Due Diligence It may be easy to see the smoking drums out back, but most environmental issues are less apparent © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 21. Do We Really Have to Spend All That $$ on Environmental Consulting? • Flag issues that could complicate or delay the transaction • Develop cost estimates to address environmental liability • Develop cost sharing or cost allocating mechanisms • Identify and obtain Brownfields and other financial assistance • Address regulatory requirements © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 22. Responsive. Reliable. Proven. ASTM Phase I Assessment Since 1980 • Site inspection (and interview of persons knowledgeable of site history) by a qualified environmental professional • Extensive file review (federal, state, local records) • Historical aerial photographs • Chain-of-title examination for liens or AULs • Evaluation of risks posed by neighboring properties © 2013, Mabbett & Associates, Inc.
- 23. Responsive. Reliable. Proven. ASTM Phase I Assessment Since 1980 • Fulfills “due diligence” requirements under CERCLA • Allows for “Innocent Landowner Defense” for a prospective purchaser (or lender) © 2013, Mabbett & Associates, Inc.
- 24. ASTM Phase I Assessment Often Does Not Include Responsive. Reliable. Proven. Since 1980 • Asbestos • Lead-based paint • Mold • Radon • Wetlands issues • Building systems © 2013, Mabbett & Associates, Inc.
- 25. Quantifying the Impact Responsive. Reliable. Proven. Since 1980 Search of Deal Breakers •These are often conditions that extend off of the subject property • Pools of oil in the subsurface • Groundwater plumes that extend off of the property •As-is/Quick Closing offers by the seller • Seller will not allow prospective buyer to collect environmental samples • Unrealistically short time frame to assess environmental impacts © 2013, Mabbett & Associates, Inc.
- 26. Responsive. Reliable. Proven. Quantifying the Impact Since 1980 Understand what you don’t know •Inventory past industrial use and practices that pose potential but unknown issues •If environmental assessment has been performed, what are the data gaps? © 2013, Mabbett & Associates, Inc.
- 27. Quantifying the Impact Responsive. Reliable. Proven. Since 1980 “There are known knowns. These are the things we know that we know. There are known unknowns. That is to say, there are things that we know we don’t know. But there are also unknown unknowns. There are things we don’t know we don’t know.” Donald Rumsfeld, addressing the absence of evidence linking Iraq with the supply of weapons of mass destruction to terrorist groups (2-12-2002) © 2013, Mabbett & Associates, Inc.
- 28. Responsive. Reliable. Proven. Quantifying the Impact Since 1980 Understand the Extent of Potential Environmental Liability •Level of comfort proceeding with the property transfer without additional environmental information •Cost-benefit of collecting additional environmental information © 2013, Mabbett & Associates, Inc.
- 29. Quantifying the Impact Some data the could limit uncertainty •Regulated building materials survey •Soil and groundwater sampling •Vapor intrusion study © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 30. Quantifying the Impact Responsive. Reliable. Proven. Since 1980 OK, now what do you do with that information? Assign dollar values to each identified issue: •Asbestos abatement •Environmental site closure (soil or groundwater issues) •Vapor Intrusion • Remediation • Deed restriction • Subslab Depressurization system (radon system) © 2013, Mabbett & Associates, Inc.
- 31. Quantifying the Impact Responsive. Reliable. Proven. Since 1980 With cost estimates to address environmental liabilities you can: • Walk from the deal (or threaten to walk) • Negotiate a lower price • Negotiate an escrow to address the issues • Ask the seller to address the issues and then come back © 2013, Mabbett & Associates, Inc.
- 32. Manage the Financial Impact Federal Assistance Responsive. Reliable. Proven. Since 1980 Brownfields Assessment Grants http://www.epa.gov/swerosps/bf/applicat.htm#apag Targeted Brownfield Assessment Program http://www.epa.gov/region1/brownfields/programs/targeted.html Brownfield Tax Incentive Program http://www.epa.gov/brownfields/tax/ New Markets Tax Credit Program http://www.irs.gov/pub/irs-utl/atgnmtc.pdf EPA Revolving Loan Fund and Cleanup Grants http://www.epa.gov/region1/brownfields/programs/revolving/ HUD Brownfield Economic Development Initiative http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/BEDI © 2013, Mabbett & Associates, Inc.
- 33. Manage the Financial Impact State Assistance Responsive. Reliable. Proven. Since 1980 Connecticut Environmental Assistance Programs http://www.ctbrownfields.gov/ctbrownfields/cwp/view .asp?a=2620&q=319628 • CT EPA Assessment Program • Underground Storage Tank Clean-up Program • Special Contaminated Property Remediation and Insurance Fund (SCPRIF) • Urban Sites Remedial Action Program (USRAP) • Environmental Insurance Program • Targeted Brownfield Development Loan Program • Abandoned Brownfield Cleanup Program © 2013, Mabbett & Associates, Inc.
- 34. Manage the Financial Impact Commonwealth Assistance Responsive. Reliable. Proven. Since 1980 Massachusetts Assistance Programs • Brownfields Support Team Initiative http://www.mass.gov/eea/docs/dep/cleanup/bst1112.pdf • MassDevelopment Brownfields Redevelopment Fund http://www.massdevelopment.com/financing/specialty-loanprograms/brownfields-redevelopment-fund/ • Brownfield Redevelopment Access to Capital (BRAC) Program http://www.bdcnewengland.com/capital-access-program/ • Executive Office of Housing & Economic Development o MassWorks Infrastructure Program http://www.mass.gov/hed/economic/eohed/pro/infrastructure /massworks/ © 2013, Mabbett & Associates, Inc.
- 35. Manage the Financial Impact State Assistance Responsive. Reliable. Proven. Since 1980 Rhode Island Assistance Programs • Brownfields Cleanup Revolving Loan Fund http://www.dem.ri.gov/brownfields/financial/rlfoverview .htm • Brownfields Job Training and Development Demonstration Pilot Program © 2013, Mabbett & Associates, Inc.
- 36. Liability Protection Programs Responsive. Reliable. Proven. Connecticut Liability Protection Programs Since 1980 http://www.ctbrownfields.gov/ctbrownfields/cwp/view.asp? a=2631&q=319608 • Third Party Liability Program • Covenant Not to Sue • CERCLIS Comfort Letter • Land Use Restrictions • Environmental Insurance Program Massachusetts Liability Protection Programs http://www.mass.gov/ago/doing-business-in-massachusetts/economicdevelopment/brownfields-covenant-program/ • Brownfields Covenant Not to Sue Program Rhode Island Liability Protection Programs http://www.dem.ri.gov/brownfields/steps/liabilityprotection.htm • Settlement Agreement and Covenant not to Sue (SACNTS) © 2013, Mabbett & Associates, Inc.
- 37. Manage the Financial Impact Responsive. Reliable. Proven. Since 1980 Environmental Liability Insurance 1.Pollution Legal Liability • Protection against third party claims (property damage, personal injury, cleanup costs) 2.Cleanup Cost Capping • Cleanup cost overruns © 2013, Mabbett & Associates, Inc.
- 38. Manage the Financial Impact Responsive. Reliable. Proven. Since 1980 Pollution Legal Liability • Premiums ($10K+) • Policy Limits ($1M to $150M) • Policy Limits (liabilities of <$1M are typically not covered) • Deductable ($20K per incident) © 2013, Mabbett & Associates, Inc.
- 39. Manage the Financial Impact Responsive. Reliable. Proven. Since 1980 Cleanup Cost Capping • About 8% to 10% of the estimated cleanup cost • Policy Limits ($1M to $150M) • Policy Limits (liabilities of <$1M are typically not covered) © 2013, Mabbett & Associates, Inc.
- 40. Manage the Financial Impact Responsive. Reliable. Proven. Since 1980 Cleanup cost capping insurance covers: •Discovery of unknown pollution •Additional amounts of known pollution •Changes in regulatory requirements It does not cover: •Legal costs •Professional negligence •Investigation of newly discovered contamination © 2013, Mabbett & Associates, Inc.
- 41. Manage the Physical Impact Responsive. Reliable. Proven. Since 1980 Contaminated soil is expensive to manage • Even soil that meets regulatory standards with “minor” levels of contaminants may cost much more to haul offsite than ordinary soil Incorporating a radon abatement system into building design is more effective than retrofitting © 2013, Mabbett & Associates, Inc.
- 42. Manage the Physical Impact Responsive. Reliable. Proven. Since 1980 Incorporate Environmental Remediation into Redevelopment Planning Don’t remove expensive contaminated soil if you can reuse it safely on site. •Use if for regrading (cover with clean soil) •Cover it with parking lots or building foundations This may require a deed restriction to manage future contact with the soil © 2013, Mabbett & Associates, Inc.
- 43. Manage the Physical Impact Responsive. Reliable. Proven. Since 1980 What about all those MassDEP requirements for assessment and cleanup? These regulations and the Massachusetts Contingency Plan are flexible •Flexible does not mean lenient •Privatized system that allows for Licensed Site Professionals (LSPs) to manage cleanups and certify site closures • MassDEP audits a percentage of these LSP Opinions to ensure standards of care are maintained © 2013, Mabbett & Associates, Inc.
- 44. Manage the Physical Impact Responsive. Reliable. Proven. Since 1980 What about all those CT DEEP and RI DEM requirements for assessment and cleanup? • In Connecticut, a Licensed Environmental Professional (LEP) may investigate and remediate most sites in the Property Transfer Program • Rhode Island allows Environmental Land Use Restrictions to allow contamination to remain under certain conditions to facilitate redevelopment © 2013, Mabbett & Associates, Inc.
- 45. Responsive. Reliable. Proven. Since 1980 A Developer’s Perspective ($$) Needs Investment Capital How to attract investment capital? •Return on investment •Management of Risk © 2013, Mabbett & Associates, Inc.
- 46. Responsive. Reliable. Proven. A Developer’s Perspective Since 1980 Primary Needs 1.Access to Information 2.Feasibility of Various Development Scenarios 3.Economic Incentive 4.Incentive Zoning © 2013, Mabbett & Associates, Inc.
- 47. A Developer’s Perspective 1. Responsive. Reliable. Proven. Since 1980 Make as much information available as possible and in one place •Phase 1 Reports •Environmental Data © 2013, Mabbett & Associates, Inc.
- 48. A Developer’s Perspective Responsive. Reliable. Proven. Since 1980 2. Easily Evaluate the Feasibility of Various Development Scenarios Clarity on what can be built, what will be approved • Permit friendly, or no? • Zoning designation • Pre-approval © 2013, Mabbett & Associates, Inc.
- 49. A Developer’s Perspective 3. Responsive. Reliable. Proven. Since 1980 Economic Incentives Tax breaks Municipal Bonds •Ability to secure capital at low interest rates Infrastructure Support © 2013, Mabbett & Associates, Inc.
- 50. A Developer’s Perspective 4. Responsive. Reliable. Proven. Since 1980 Incentive Zoning For example: Offer an incentive in exchange for environmental cleanup • Increased Floor Area Ratio (FAR) or building height © 2013, Mabbett & Associates, Inc.
- 51. Responsive. Reliable. Proven. Since 1980 A Developer’s Perspective Wrap All This Up in a Single Package • Put all of this information into a portfolio • Designate a single individual as a facilitator that can reach back into the municipality on behalf of the potential developer © 2013, Mabbett & Associates, Inc.
- 52. Responsive. Reliable. Proven. Since 1980 Chemistry Station Park – Waltham, MA Former Railroad Station in a Former Industrial Area © 2013, Mabbett & Associates, Inc.
- 53. Responsive. Reliable. Proven. Since 1980 Chemistry Station Park – Waltham, MA Active rail line in the area of the former Newton Chemical Company Maker of sulfuric acid and dyes from 1825 to after the Civil War © 2013, Mabbett & Associates, Inc.
- 54. Responsive. Reliable. Proven. Since 1980 Chemistry Station Park – Waltham, MA The City wanted to redevelop the property into recreational greenspace in what is now a residential neighborhood Environmental Issues: •Arsenic and lead •Pesticides •Coal and coal ash © 2013, Mabbett & Associates, Inc.
- 55. Responsive. Reliable. Proven. Since 1980 Chemistry Station Park – Waltham, MA The design included: •A planting corridor, where soil was also excavated and placed under an engineered barrier, and replaced with a planting mixture to facilitate forthcoming landscaping © 2013, Mabbett & Associates, Inc.
- 56. Responsive. Reliable. Proven. Since 1980 Chemistry Station Park – Waltham, MA Wicked Local Waltham – August 16, 2012 “It is a quiet summer afternoon; the air is dry, hot, and sweet. The neatly cut grass is rich green, and there are borders of shrubs; tall shade trees; a patch of Queen Anne’s lace; and newly planted magnolias. The brick walkway in the long, narrow park is designed to look like train tracks, in their original location. The simulated rails are made of light tan bricks, on a background of darker ones. There are benches, game stations, and a covered area created to look like the old train station.” © 2013, Mabbett & Associates, Inc.
- 57. Kendall Square circa 1925 © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 58. Cambridge Research Park Kendall Square, Cambridge, MA © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 59. Master Plan Drivers Maximize Density: Responsive. Reliable. Proven. Since 1980 FAR of 3.0 + Bonus Housing for total of 1,376,000 SF of Mixed Use Development Below Grade Parking: 2,000 Vehicles Aesthetics and Integrated Design: © 2013, Mabbett & Associates, Inc. Contemporary, Class “A” Architecture Complementary Open Space with Public Amenities
- 60. Master Plan • Building A: • Building B: • Building C: • • • • • Responsive. Reliable. Proven. Since 1980 247,000 SF lab (Vertex) 223,000 SF lab (TBD) 85,000 SF Performing Arts (Constellation) Buillding D: 273,000 SF Office (Genzyme) Building E1: 110,000 SF Hotel (TBD) Building E2: 330,000 SF Residential (Twining) Building G: 50,000 SF Mixed Use (res./retail/office) Parking: Two Below Grade Facilities for 2,000 Vehicles (beneath Building B and Buildings E1/E2/G) © 2013, Mabbett & Associates, Inc.
- 61. Soil Excavation for Underground Parking © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 62. Remediation Challenges • Off-Site Disposal Facility Capacity for 417, 000 Tons of Material: – Unregulated, Instate Unlined Landfill, Instate Lined Landfill, Out of State Disposal/Recycling Facilities for Solid Waste and RCRA Hazardous. • Material Management – 12,000 Truck Loads – Excavation By Grid – Water Management – 45 Ft Deep x 580 Ft x 220 Ft – Adjacent to Broad Canal • Neighborhood Impact – Truck Traffic – Odor & Dust – Noise © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 63. Summary of Remedial Program • Remedial Drivers – – – – – Permanent Solution Neighborhood Impacts Cost & Schedule Compatibility Ability to Obtain Financing • Environmental Liability Insurance – Kemper (1st & 3rd Party Coverage w/ Re-opener) – $20 MM/10 Yr Term © 2013, Mabbett & Associates, Inc. • Responsive. Reliable. Proven. Since 1980 Phase I Remediation – $11 MM Soil Premium – No deed restriction (Activity and Use Limitation) • Phase II Remediation – $8 Million for In situ Stabilization – Five pRAOs filed – Four AULs filed – $6.5 Million Premium for Soil Disposal on Building B Garage
- 64. Genzyme Building © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
- 65. Landscaping Program North Plaza – Open Air Performance Art Space – “Theater-in-the-Round” – Lighting and PA System South Plaza – Summer : seating for outdoor dining and recreation – Winter: public skating rink w/ skate rentals Broad Canal – Canoe and kayak rental – Car-top boat access to the Charles River © 2013, Mabbett & Associates, Inc. Responsive. Reliable. Proven. Since 1980
Hinweis der Redaktion
- Environmental Impairment Subsurface contamination groundwater shallow soil that residential users may contact for gardening, recreation use deeper soil that utility or construction workers may contact temporarily soil that is so heavily contaminated it may require excavation and off-site disposal Buildings hazardous building materials: lead, asbestos, PCBs may need to be demolished or renovated prior to reuse Addressing Environmental Liabilities Assessing the magnitude of the problem (sampling and building investigations) Managing the financial impact (based on sampling data and regulations, proposed land reuse) Managing the physical impact (based on combination of sampling data, regs, and budget) Example Case Studies
- Slide speak for itself. Can review briefly Can also consider consolidating with next slide Leaking underground storage tanks –usually oil, sometimes PCBs Historic industrial waste management practices (the back 40) – metals, PCBs, dumping mixed hazardous wastes in “lagoons” Discharge from floor drains – mixed chemicals Sewers in a poor state of repair - Waste burial – mixed chemicals Urban fill – coal ash, etc.
- Contaminants at a site may also impact down gradient properties. This uncertainty needs to be investigated and managed. 1.Oils, solvents, and other liquid contaminants can migrate through the subsurface 2.Rainwater or groundwater leaching through contaminated soil or contaminant sources (leaking tanks, drums, waste piles, landfill)
- Fuzzy but ok
- This slide shows a Conceptual Site Model and how contaminants are moving in soil and groundwater to a nearby saltwater cove. It shows that site investigation data are critical to understanding the problems—and therefore solutions—at a contaminated site.
- Contaminants in groundwater can rise in soil gas into above-ground buildings, putting occupants at risk. This is similar to a radon problem. PJB – while naturally occurring, Radon is an odorless, tasteless and invisible gas produced by the decay of uranium in soil and water. Radon is a proven carcinogen that can cause lung cancer. The way radon enters a building is similar to other hazardous gasses.
- These are typical contaminants in old building that need to be managed before or during renovation/demolition. These contaminants can also impact the soil and groundwater at a site.
- Example of asbestos
- Asbestos in spray-on fireproofing, and as thermal system insulation
- Asbestos can be widespread in a variety of building materials. Even in newer buildings, old supplies containing asbestos may have been used, and require management.
- In 1971, OSHA published an airborne asbestos standard In 1973, EPA banned spray-on asbestos containing materials for fireproofing
- Use a reputable contractor to INSPECT for asbestos, and a separate contract to REMOVE or abate asbestos.
- Lead pigments are opaque; small amounts can cover large areas Water-resistant and washable Remains durable and flexible over long periods
- Low flammability, fire resistant, chemically stable (durable), softener-plasticizer Often, the PCB transformer may already be gone from the site, but the contamination is hidden in soil or groundwater. EPA recently released new PCB in Caulk guidance. Contact us for more information.
- Mold is not a “regulated” contaminant, but can be a concern to the welfare and comfort of building occupants. Radon is colorless, odorless naturally-occurring carcinogen. Simple tests can detect radon, and well-tested systems can control and reduce radon exposure to building occupants.
- Investigating a site gives us the data or information we need to develop a clean-up strategy. In the long term, we can take a contaminated site and turn it into a productive healthy site.
- Due diligence ideally comes prior to purchase and sale but frequently does not
- What benefits do you get? In next slides: the typical process of an environmental site investigation.
- This is the basic “non-invasive” site investigation to understand potential issues. The process is standardized by ASTM. PJB - A phase I provides limited liability – it is basically an historic use investigation, which might determine that additional investigation is warranted.
- This is the basic “non-invasive” site investigation to understand potential issues. The process is standardized by ASTM. A phase I provides limited liability protection. The conducting party will not be held responsible for causing the contamination—but may be held responsible for cleaning it up if they purchase the property with known contamination. PJB – this is why Lenders often require an Environmental Site Assessment and Environmental Indemnity on commercial transactions. Lenders also require the Seller to certify as to the existence of underground storage tanks and other hazardous waste conditions prior to sale.
- Building systems are electrical, plumbing, mechanical, fire safety. Things that keep the building within code.
- PJB - Some As-Is Offerings simply indicate the Seller has no interest/ability to make improvements and suggest that the listing price reflects the need for certain upgrades. Caution the Offer that does not permit “due diligence” testing to better understand what improvements might be necessary.
- You have the available information from the phase 1, now you must collect your own data
- As consultant, I hate providing cost estimates (because they could be wrong). As with anything, more information will lead to more accurate estimates. Range, no more than……
- As consultant, I hate providing cost estimates (because they could be wrong). As with anything, more information will lead to more accurate estimates. I often provide a range of costs, and maybe a no more than……
- RI Brownfields Funds: purportedly limited to government facilities, non-profits, etc. Not intended for private development for, say, condos.
- PJB – MGL c. 21E provides liability for certain classes of responsible parties, and provides “innocent” protection for other specified groups. “Certain restrictions apply.” Where these protections are not enough, environmental insurance or covenants not to sue can be helpful.
- These can be costly and difficult to obtain
- These can be costly and difficult to obtain
- These can be costly and difficult to obtain
- PJB - These policies presume that you have done your environmental due diligence, and, if appropriate have performed a clean up. The insurance jumps in to cover “unknowns”
- PJB – Contaminated soil. If possible, costs are limited by leaving the soil on site- reuse, cap or pave. Almost always cheaper to do it right the first time.
- PJB - Activity and Use Limitations (AUL) – are used to put the public on record that property cannot be used by sensitive users (day cares, residential use). This often has an impact on property value. IN other instances, parking lots or buildings can be constructed over the previously contaminated area, avoiding the problem.
- PJB – Worked with Mabbett on an environmental clean up of a residential/farm property in Billerica. The clean up was audited, adding cost to the effort to “prove” that all clean up and reporting was done in accordance with the regulations. The property is now the Rangeway Farms golf course and condominiums.
- Each state has a Brownfields program with staff available to assist
- PJB - Some developers “specialize” aka “enjoy” buying dirty property – usually these are sites with an ongoing clean up that are in need of re-development/re-use. E.g. Hartwell Farms Condos in Bedford part of former Raytheon facility.
- PJB – Knowing what process lies ahead will have a huge impact on whether a developer will be able to make the project fly. Length of time in permitting, feasibility of rezoning or waiver authority of boards, ability to forward a public/private win-win situation.
- PJB - Even good press and public education/support which could avoid delays with “perception” concerns
- What opportunities might you have in your backyard.