Village of Tivoli Public Advisory: Notice of Elevated Lead Levels in Soils at Former Water Tower Site

What is the advisory?

The Village of Tivoli has received soil sample data indicating levels of lead in the soil under the former water tower, in Memorial Park, that are elevated above New York State Soil Cleanup Objectives.

How did we learn about this?

When the old water tower was removed, before and after soil samples were taken as a routine precaution to ensure no lead was released during the take-down. While the before and after samples were found to be the same, both indicated elevated lead levels, meaning the presence of lead predated the removal of the old tower.

What is lead and how can I be exposed to it?

Lead is a heavy metal that is naturally occurring in soils at low levels. Human activity has increased lead levels in soil from sources such as paint and automobile emissions from leaded gasoline. Although the use of lead paint been discontinued since the late 1970s, historic use of leaded products may result in elevated lead levels in soils in the vicinity of buildings and structures historically coated with lead paint.

Exposure to lead in soils commonly occurs when people come in contact with bare soils and soil particles are inhaled or ingested. Having a dense grass or vegetation cover over lead contaminated soils reduces exposure potential.

Lead in surface soils at Memorial Park is very unlikely to affect the quality of the Village’s drinking water. The Village’s water supply is drawn from wells that draw water from the underground aquifer. The Tivoli Water System is in compliance with the Lead and Copper Rule for drinking water.

How is the Village addressing the issue?

The Village has notified the Dutchess County Department of Community and Behavior Health and the New York State Department of Environmental Conservation. The Village and its environmental consultant are working with the agencies to develop a plan to determine the extent of lead in the soils near the former water tower and identify appropriate corrective action.

The Village will be restricting access to the area in the vicinity of the former water tower with snow fence. The Village’s environmental consultant will be collecting additional soil data to determine the extent of the soils with elevated lead levels. During this time, we ask that Memorial Park users avoid entering the restricted area.

The Village will provide additional updates through the Village website and email notification system as information becomes available. The assessment of soil lead levels in the vicinity of the former water tower is expected to take one month.

Meeting Date : April 16, 2012
Download Minutes : Download File

Members Present:
Ginger Grab
Leigh Palmer
Harry Colgan
Michael Billeci
John Hallstein

Members Absent:
Donna Matthews

Susan Ezrati, Board Liaison and Secretary Pro‐Tem

Harry called the meeting to order at 7pm.
Minutes from the November 21, 2011 meeting were reviewed. Ginger moved and Leigh seconded approval of the minutes. The minutes were approved.

Harry distributed materials on a Hydro‐fracking conference sponsored by the Cari Institute. Bessina Harrar, 23 Broadway, was first on the agenda. She presented the Board with a completed plat plan to the Chair. Harry reviewed the plan, noting that the above ground pool is marked. In addition, he noted that the water and sewer would be along the shared driveway and would not need a right‐of‐way. The plan will be completed in time for the next regular meeting of the Board, when a public hearing is scheduled. Bessina will send out notifications.

Tom Jantzen
80‐82 Broadway was second on the agenda.
Tom presented the chair with a new survey that shows the location of the new fence. The Zoning Enforcement Officer needs to issue a fence permit, based on the plat that the Planning Board has approved. Height of the fence is 6 feet. Photos of the fence are provided for the file. No public hearing will be scheduled. The survey will be filed with the County. Assuming that the County approves the location of the fence. A fence permit will be issued by the ZEO.

Jake Stortini
Jesse Feldmus
Murray’s at 76 Broadway
Jake and Jesse presented the Board with a new survey that shows the location and dimensions of the driveway. They noted that Osaka has an easement from 76 Broadway that allows them to use the driveway. It is number 1982 p.568 of the County File. The chair asked for a copy of the existing easement. 76 Broadway will be asking Osaka for a one‐foot easement on their side of the driveway from Broadway. The Board has additionally asked for the fence that exists to be noted on the plot plan. The Osaka easement was presented to the Board. It still needs to be finalized with proper signatures. The board asked additional questions related to the plot plan. The applicant requested operating hours be from 7pm to 11pm seven days per week. The chair noted that he felt strongly that serving hours should conclude concurrent with the Village noise ordinance which goes into effect at 10 pm. The chair noted that acceptable music would be determined by village law. Leigh noted that the 10 pm cut‐off was noted at the prior meeting. Jake noted that it was their intention to keep the kitchen open until 10:30 pm. Ginger asked if it was crucial to their business to stay open past 9:30 pm. They noted that on weekends, concerts, etc. may result in later customers. Their request relates primarily to week end hours. The Board asked that the hours be limited to 10 pm. All five members were in agreement.

Harry delegated the issue of handicapped accessibility to the ZEO. The applicants presented lighting plans. Most lighting is landscaping lighting, i.e. low voltage/wattage lighting. Table candles will also be used. The Board noted that the lighting plan is satisfactory. The plan intention for music is recorded unamplified acoustic music through speakers attached to the building. The applicants will add the fence location to the Plot Plan. Photos of the fence and lighting were provided and will be included in the file. The chair agreed to ask the Village Clerk to schedule a public hearing for this applicants proposed plans for the regularly scheduled May meeting of the Planning Board. The applicant will get mailing addresses and materials from the Village clerk.

Meeting adjourned at 7:40 pm

Susan Ezrati, Secretary Pro‐Tem