Thomas MacMillan Photo
With help from the state and federal governments, the polluted site of a former Newhallville milk-distribution operation may finally be cleaned up, paving the way for a church’s expansion.
The church, First Calvary Baptist at the corner of Dixwell Avenue and Hazel Street, has applied for an Environmental Protection Agency grant through the city’s “brownfields” revolving loan fund. The money would go toward cleaning up environmental contamination on a city property acquired by the church in 2002.
The grant, when combined with a similar grant from the state, would total between $200,000 and $300,000.
The church, headed by the influential Rev. Boise Kimber (pictured), began construction of a new sanctuary on the site several years ago, only to discover pollution left over from a previous owner.
The site is the former home of a milk-distribution operation belonging to Sealtest Dairy. The company abandoned the property, the city took it through foreclosure in 1993, and tore down a plant there in 1994.
“We’re trying to clean up Newhallville,” Kimber said. “Our church has been here 30 years.” He said the church has already invested $500,000 in the expansion project.
Asked about the clean-up, city economic development chief Matthew Nemerson said, “It’s a responsibility that I feel we have. We sold the land to the church and it turned out to be dirty.”
Nemerson said Kimber is kicking in $37,500. The city won’t pay a cent; the money comes from the EPA and is simply disbursed by the city.
“We want the church to be successful,” Nemerson said.
EPA revolving loan fund money is contingent upon a demonstration of community benefits, which Mayor Toni Harp requested after her administration took over the pending request, according to Nemerson. Nemerson and Kimber said the church will expand its soup kitchen, host an after-school program for the new Amistad high School being constructed across the street, and provide services for the homeless.
“We are in the process of finalizing documents,” said Michael Luzzi, Kimber’s attorney. He said he doesn’t know when the clean-up process will begin.
“Everyone has been more than willing to work with my client,” said Luzzi. Between the state and the city, the church will likely receive $200,000 to $300,000 for remediation, Luzzi said.
In 2011, Kimber filed a notice to sue the city, claiming that the city had not informed him of the environmental problems at the property before “quit-claiming” the land over to him. The city countered that it had handed the property over “as is,” without claiming it was pristine.
After negotiations between Kimber and New Haven’s former DeStefano administration, that lawsuit did not go forward, said attorney John Williams, who represented Kimber at the time. Williams said he decided not to proceed after talks with the city.
Since that time, construction at the site has been stalled. A visit to the property this week found an incomplete fenced-off structure, sheathed in faded DensGlass fiberglass panels. Exposed metal studs are visible through windows.
Kiimber has borne “a significant financial burden” dealing with the contamination, according to Luzzi.
The clean-up money would help the church to do away with two separate court cases in which it’s involved: a foreclosure, and a lawsuit stemming from $60,000 in unpaid environmental consulting bills.
In January 2012, the church went into foreclosure. Luzzi said that resulted from stretched finances due to the contamination and stalled construction. He said the lender and the church have come to an agreement and the foreclosure “is in the process of being terminated.”
“I fully anticipate this foreclosure being withdrawn” when grant money comes through from the state and city, Luzzi said.
Part of the grant-application process has been assuring the city that, in the event of a foreclosure, any grant money would be used only for environmental clean up, or returned to the city. Luzzi said that issue has been resolved.
“We have jumped through a number of hoops to make sure my client is in a position to get the grant,” Luzzi said.
Amid the foreclosure, in 2012 the church hired a company called Triton Environmental to do pollution assessment at the work site.
Triton President Christopher Marchesi this month filed suit against First Calvary, claiming the church never paid his company for the work it did. According to Marchesi’s complaint, First Calvary owes, with interest, $68,965.15.
Luzzi said the Triton lawsuit will also be cleared up, when grant money from the state comes through.
“I’ve been working with them for a while, trying to make them realize they are going to be paid,” Luzzi said of Triton. “We hope to continue a relationship with them, so that they can continue the work.”
Paul Bass contributed reporting.
An afterschool program for students attending the new Amistad High School? What will the after school program consist of? How much did the city sell the property for?