At the helm

A word from Captain Bill

 

Wal-Mart: A New Neighbor With Bad Manners Learns A Valuable Lesson

 

 

Last year at this time we were celebrating the dawn of a new era of cooperation in the Meadowlands. The New Jersey Meadowlands Commission (NJMC) had just finished the first substantive rewrite of the Meadowlands Master Plan since the early 1970s and had rezoned its remaining 8,400 acres of wetlands for conservation. With the passing of the new Master Plan, we won the war to save the wetlands.

We were also encouraged because the region’s business community supported the Plan. I have always held forth that a clean environment and a vibrant economy are not mutually exclusive; in fact, they are inextricably linked. Because we believe this so strongly, in 2003 we joined the Greater Meadowlands Regional Chamber of Commerce. I admit I felt a little like a fish out of water when I first approached them but the hearty welcome of Chamber President Jim Kirkos put me at ease and before long I realized that he felt the same way I did about the future of the Meadowlands.

This has led to greater respect, cooperation and an understanding we all have a role to play in shaping that future. Since last year, we’ve been working with the Chamber, the New Jersey Audubon Society and the NJMC to expand public access and increase public awareness of the many outdoor recreational activities that are available in the Meadowlands. Among other initiatives,we are developing an ecotourism guide to the region - something that will benefit area hotels, restaurants and other businesses as well as birders, boaters and anglers. And we’re doing it right in the middle the most densely populated region of the most densely populated state in the country.  Who would have guessed?

So what does any of this have to do with Wal-Mart?

First a little background: In the 1970s, folks around here thought that HMDC stood for “Hartz Mountain’s Development Commission.” In those days Hartz took advantage of the fact that wetlands regulations under the Clean Water Act were so new that there wasn’t much case law or regulatory history upon which to base permit decisions. They applied for and received permits to fill in hundreds of acres of wetlands in Secaucus - much more than they needed for any of their stated projects at the time. I guess the word “minimization” wasn’t in their vocabulary. In fact, they’re still developing land they filled back in the 1970s at both Harmon Meadow and the Mill Creek Mall. This “land surplus” is how Wal-Mart eventually entered the picture and why it again lived up to its reputation as a ruthless corporate bully.

Two years ago I became aware that the company was going to build one of their big-box stores along with a Sam’s Club on a Hartz-owned parcel just north of Harmon Meadow. At the time, I sized up the situation to see if there was any reason for Hackensack Riverkeeper to oppose the project. I discovered that while the parcel lies adjacent to two preserved wetland tracts, no wetlands disturbances were planned and the proposal actually complied with NJMC zoning regulations. Setting aside my personal opinions about Wal-Mart, I decided that picking a gratuitous fight wouldn’t achieve any of our longstanding goals and would only serve to make us look like of one of those environmental groups that opposes everything just for the sake of being contrary.

Soon after the stores were completed last year, I learned that Wal-Mart had applied to the NJMC for a variance from the zoning regulations to build a cut-rate gas station in the parking lot of the new complex. This request immediately set off an alarm with me because the property, although fully developed, is situated just south of the Eastern Brackish Marsh, and just across the NJ Turnpike from the Mill Creek Marsh. The health of these wetlands is critical to maintaining the ecological quality of the Meadowlands. Fortunately, I was relieved to learn that the NJMC was prepared to uphold the integrity of the new Master Plan and deny Wal-Mart’s application. Their response to Wal-Mart was an unequivocal and emphatic “NO.”

Now, under any other circumstances, that would have been the end of the story but Wal-Mart is a ruthless corporation that isn’t used to being told “no” so it decided to try and strong-arm the NJMC into undermining the Master Plan and getting its way.

The next phase of the story demonstrates why “ruthless” is an accurate as well as deserved description for Wal-Mart. As the project’s construction phase was nearing completion, the company began making “generous $1,000 donations” to community organizations in and around Secaucus. Because of its perceived largesse and neighborliness, Mayor Dennis Elwell and Secaucus Town Administrator Anthony Iacono openly touted Wal-Mart as a true asset to the town.

This past December, things began to go into a tailspin for the company when the NJMC rendered its correct and proper decision regarding the gas station variance: they turned it down. Wal-Mart then transformed itself from a friendly benefactor into a vengeful entity. Among other things, the corporation threatened to withhold any future “generosity” from the local nonprofits that had benefited from its first $20,000 round of “donations.” As nasty as that was, what follows is much worse.

After cutting off the local nonprofits (i.e. the Secaucus Ambulance Corps, Fire Department, Library, etc.), Wal-Mart then reportedly coerced Mayor Elwell into appealing directly to the NJMC Commissioners in hopes of overruling their staff and overturning the variance denial. The carrot and stick were one in the same: the promise of continued donations. The Commissioners agreed to hear the appeal at the NJMC on February 1, 2005.

Understand that if such an appeal were to succeed, it would be the first time in the 35-year history of the Commission that a staff decision was overturned. In addition, it would set a dangerous precedent that could undercut the Master Plan by opening the door to unlimited variance requests from other developers.

Hackensack Riverkeeper did not stand idly by and watch all the work we did to save the Meadowlands go down the drain because of Wal-Mart’s greed and intrigue. On February 1, we attended the Commission meeting in the company of a great many of our friends and colleagues. Members of the Hudson River Fishermen’s Association, the Sierra Club, the Wanda Canoe Club, Secaucus residents and many more of our “shipmates” took their turn at the podium to urge the Commissioners to do the right thing and deny Wal-Mart’s variance request - which they did, unanimously.

Commissioner Leonard Kaiser of North Arlington was particularly eloquent in his defense of the Master Plan and his words served as the foundation of the NJMC’s resolution denying the variance.

I wish to publicly thank the Commissioners: James Anzevino, Leonard Kaiser, Eleanor Nissley, Arlene Walther and Chairwoman Susan Bass Levin (Commissioners Michael Gonnelli and Mia Macri were absent), NJMC Executive Director Bob Ceberio and his staff; and all the Hackensack Riverkeeper supporters who took the time to attend the meeting or fax their opinions.

Thank you all for standing up for the Master Plan and for the future of the Meadowlands Estuary Preserve. I’m honored to be your Riverkeeper.

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