That smell in Atlantic Highlands is starting to worry residents

Dec 02, 2023

ATLANTIC HIGHLANDS - Living a block-and-a-half inland from Sandy Hook Bay, Sasha Pagella is used to the soothing aromas of the sea.

For two days last week, a vastly different smell permeated the air.

“It was really bad, like a strong smell of oil and gasoline,” the father of two said. “It felt like being in a gas station, but all day and all the next day. It was pretty unpleasant, and you could feel it in the back of your throat and in your eyes a little bit.”

Pagella is one of several residents of the neighborhood who made similar observations to the Asbury Park Press and pinpointed the bayfront construction site at the end of Avenue D — the future Brant Point community, which is 16 multimillion-dollar homes spanning seven acres — as the source.

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“Some days I can smell the oil from two blocks away," said Leia Sims, who lives nearby.

“The stench was so bad,” longtime borough resident Mark Fisher said. “I would call it a chemical, hydrocarbon smell. I worked in the oil industry for 40 years (in operations), so this stuff is not unfamiliar to me.”

Vinnie Whitehead, a retired teacher and coach at Henry Hudson High School, was drawn to the waterfront next to the construction site to investigate.

“We started smelling the oil fumes,” he said. “We came down here and did some digging and found some oil sheen. So we’re just concerned.”

The concern echoed by Whitehead and others involves both the source of the smell and the lack of information they’ve received about it. The site’s oil-related history heightens their unease.

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In 1929, the lot was developed by Standard Oil (later Exxon), which used it for decades with oil tanks dotting the tract, before it passed on to McConnell Realty Co.

“When I swam in Sandy Hook Bay as a kid, when you looked down the coastline you were looking at three or four very large tanks at the McConnell property,” said Fisher, who grew up nearby. “You didn’t think twice about it then, but as an adult you think, ‘Man, that was really close to the water, all those chemical and oil products.' In hindsight that’s probably 80, 90 years’ worth of sins that went into the ground there.”

Matawan-based developer Denholtz Properties bought the land from the McConnell family in 2018 and proceeded with residential redevelopment plans for what is being called Brant Point. According to Zillow.com, some of the proposed homes at “0 Brant Drive” are for sale at prices ranging from $2 million to $3.2 million.

Denholtz Properties CEO Steven Denholtz told the Asbury Park Press via phone Wednesday that before the tract was purchased from McConnell, New Jersey’s Department of Environmental Protection “signed off saying there was nothing wrong with the soil. Of course, if it shows up later, you’ve got to clean it up. The last thing we want to do is have people exposed to anything dangerous. You can’t survive running a business without being responsible.”

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Of the tract’s history he said, “It’s not a problem. That doesn’t mean there were never any oil spills because of course there were. You dig up as much as you can, but you can always miss something.”

To that end, Denholtz said, “it did turn out the other day that we did come across some staining (in the soil) and testing showed it’s all below the standards (considered hazardous) for residential development set by the state. But because it’s there, we said we’ll report it to the DEP and truck it out. And then we’ll retest. We’ll be submitting all the results to the state. If more needs to be taken out, we’ll do that.”

On Thursday afternoon, DEP spokesman Larry Hajna said that the department on Aug. 28 "issued a field Notice of Violation (NOV) to Brant Point Development for violation of N.J.A.C 7:14A-24(a)1 for the failure of the permittee to process and/or operate in compliance with a certified soil erosion and sediment control plan. The NOV directs Brant Point Development to comply with the Soil Erosion Sediment Control Plan approved by the Freehold Soil Conservation District or submit a revised plan to the district within 30 days of receipt of the NOV."

Denholtz said once the DEP reviews the results, “we want the residents (of Atlantic Highlands) to have everything” in terms of the data.

“Of course I understand if you’re living next to the site and you smell something, you panic. I get it,” he said. “What I want people to understand is it’s not dangerous; you don’t go through this process with the DEP without testing in accordance with their protocol.”

Denholtz Properties also issued the following statement to the Press:

“The Brant Point site is fully compliant with all New Jersey Department of Environmental Protection (NJDEP) remediation regulations. The property has received several Response Action Outcome letters from the NJDEP certifying the completion of remediation work in accordance with applicable laws and regulations. We continue to work closely with the New Jersey Department of Environmental Protection, Monmouth County, the Borough of Atlantic Highlands, the Freehold Soil Conservation District and the United States Coast Guard to ensure adherence to all applicable national, state and local soil, groundwater and air standards. The site is continually monitored by a state-approved third-party Licensed Site Remediation Professional (LSRP) who will immediately address any additional remediation issues that may arise.”

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Until those results are publicized, locals are left with only their observations. Fisher said he dug holes up to a foot deep in the sand near the construction and jarred the contents.

“Every single one of them smelled like heating oil, like diesel oil,” he said. “All of the holes had oil sheen sitting on top of that water.”

Fisher, who warned Atlantic Highlands' planning board about the tract's environmental challenges during an extensive presentation in 2019, also photographed what appears to be brown plumes in the bay just beyond the construction site. Those plumes, he said, are caused by silt runoff.

Clay Halvorsen is a member of the Sandy Hook Bay Catamaran Club, which sits adjacent to the construction site. Earlier this summer, he said, he took his catamaran out on the day the builders “brought a ground-pounder in, a vibratory roller for compacting the soil” that caused glasses to shake in the club.

“That day I was launching my Hobie Cat, and I was slipping and sliding all over the deck (due to oil sheen on the water),” Halvorsen said. “I came back and I couldn’t clean myself up at the club. I had to go home and use Dawn (dish detergent).”

Nearby resident Angus McDougald, who has a 2-year-old son, has filmed what appears to be oil sheen pooling near the site after rains.

“This was an oil field,” McDougald said. “Why isn’t somebody testing the water weekly while this is going on and informing us (of the results)?”

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Late Wednesday afternoon, with a breeze blowing from the north, the oil smell was obvious at the end of Avenue D, just south of the construction site.

“It would be helpful if we got a report or a newsletter from the town to explain what testing was done and what the results were,” said Pagella, whose children are 10 and 14. “My kids sometimes play in that water.”

Asbury Park Press inquiries to Atlantic Highlands Mayor Loretta Gluckstein and business administrator Robert Ferragina were responded to by a lengthy email from Ferragina, which is appended to the end of this story.

“My opinion is select officials should be the loudest voices on what’s going on with this project on behalf of the 4,300 residents of the town,” Fisher said. “This is a bayside community; that bay is what draws people to this town. And yet when I stuck a jar full of painted sand under the nose of (a borough official), he told me, ‘Our hands are tied; it’s under DEP control.'”

Susan Kavata, who lives nearby, said, “Transparency is critical. Just to get the clarity of whether it’s contaminated or not, that’s a yes-or-no answer, that’s not a maybe.”

Borough resident Ellen O’Dwyer echoed that sentiment.

“There are kids down here playing in the water,” O’Dwyer said. “Is it safe or not? Test it and let us know.”

Borough administrator Robert Ferragina sent the following statement to the Asbury Park Press Thursday morning:

"Preliminarily, the Borough, its engineer and other professionals have been in regular contact with NJDEP and the County Board of Health (MCDOH) regarding the Denholtz construction site. The public was advised of the Borough’s interaction with the contractor and the State and County regulators at the last council meeting. The site is the subject of a remediation plan and has been issued a ground water remedial action permit. Under that plan, a Licensed site remediation professional (LSRP) is on site.

"Since the construction has begun on that private property located off of Avenue D there have been a few residents who have expressed environmental concerns ranging from dust, noxious odors, contamination, to reports of oil sheen on the water. The NJDEP has informed us that several complaints were filed with it, each of which has been investigated. The NJDEP, has visited the site several times and has not taken any action to revise the plan or halt construction. No Hazmat activity is taking place on the site. Likewise, the Monmouth County Health Department (MCDOH), is dispatched each time an official complaint is made and has been on site at least eight times. Neither NJDEP nor the MCDOH have identified any need for action from their respective departments, and the construction site has been kept active. The Borough Code Enforcement Officer has been on site multiple times per day and has not identified any municipal code violations. The Borough Fire Marshall and Water/Sewer Licensed Superintendent have also been on site on several occasions with no concerns or violations to-date.

"The Borough OEM Coordinator has been advised of the complaints to the NJDEP and also does not have any concerns at this time. My office has had conversations with the Atlantic Highlands Police Chief and the DPW Director regarding road closures and any needs or concerns their respective departments may have relative to their respective roles. At the Borough code enforcement officer’s request, the contractor has a water truck on site to minimize dusting. The Borough Department of Public Works is assisting with refilling the water truck. The Borough has also confirmed that all appropriate permits regarding the construction site have been filed, to date.

"My office has advised the Borough attorney and engineer of the complaints filed with the NJDEP and as a result the borough attorney has sent a formal communication to the NJDEP regarding the concerns raised by some residents. The Borough Engineer and I recently met with the site LSRP and Denholtz representatives. We advised that the Avenue D entrance should continue to be the primary entrance for the construction site. The LSRP from the Borough’s engineering firm has been in communication with the site LSRP. The Borough has also had direct contact and conversations with the NJDEP Environmental Specialist who has confirmed the site is in compliance, the MCDOH – Assistant Environmental Health Coordinator who has been at the site approximately eight times, to date, regarding various complaints, and the MCDOH - Public Health Coordinator.

"Residents who have environmental concerns may contact the DEP directly. Those residents who have contacted the Borough have been provided the contact information for the NJDEP and those concerns have been shared with the property Site Manager, the Borough Code Enforcement Officer and the Borough Engineer. At the last council meeting both the Borough Engineer and the Borough Administrator provided thorough updates for the public and welcomed questions. They will update the public with any new developments at the September meeting."

Jerry Carino is community columnist for the Asbury Park Press, focusing on the Jersey Shore’s interesting people, inspiring stories and pressing issues. Contact him at [email protected].