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 : July 16, 2012
Download Minutes : Download File

Call to Order / Determination of Quorum

The meeting, held at the Historic Watts dePeyster Hall, was opened at 7:12 P.M. and a quorum was determined to be present for the conduct of business.

Planning Board Attendees:

  • Chair Mike Billeci
  • Leigh Palmer
  • John Hallstein

Also Present:

  • Monica Albizu representing applicant Tim Voell
  • Jeff Scales


  • Ginger Grab
  • Donna Matthews

New Business

8 Friendship Street – Site Plan Amendment: Proposed fence by Tim Voell. Ms. Albizu showed the Board a drawing of the proposed fence. She stated that Tim Voell would like the fence to look as close to the original fence as possible, an ornate picket fence. The fence would match the banister on the front of the house. It would be approximately 3 feet tall. The north and south sides would have a stockade fence, approximately 6 feet tall. In the back there would be 4 feet high wire fencing. Leigh Palmer stated that in the code the picket fence would have to be carried back. Chair Billeci spoke to the neighbors on the north of 8 Friendship Street and they are happy with the proposed fence. The neighbors on the south side have some concerns about it, mostly about the aesthetics of the stockade fence. A discussion followed.

The Board gave Ms. Albizu a list for the next meeting:

  1. Bring in an example of the fence and pictures. Show the example to the neighbors prior to the next meeting and reach an agreement with them. Bring in a document from them showing that they agree with the fence.
  2. Along the property line there are some planting, trees, etc. The fence can’t be right on the property line. How would it relate to the trees that are already there?
  3. Find out what the setback is for the fence.
  4. Show the fence on the site plan.
  5. Fill out a short SEQR form.

Old Business

The Board reviewed the minutes from the April 16, 2012 Planning Board Meeting. The sentence “All five members voted in favor of that decision” was changed to “All five members were in agreement.” Leigh Palmer moved to approve the minutes as amended, John Hallstein seconded. All in favor. Motion carried.

The Board reviewed the minutes from the May 21, 2012 public hearing and regular meeting. In the last paragraph before the public hearing, the word “way” was changed to “side”. The sentence “Business will close at 10:00 PM” was deleted. The words “Applicant stated” were added before the sentence “The kitchen will close at 10:00 PM.” On the site plan conditions for 76 Broadway, number 5, the words “beer and wine” were added after the word “food.” In the last paragraph the sentence “He voiced concerns that the patrons would not be leaving at 10:00 PM and the noise would continue past 10:00 PM” was added. Leigh Palmer moved to approve the minutes as amended, John Hallstein seconded. All in favor. Motion carried.


Leigh Palmer moved to close the meeting at 8:35 PM. John Hallstein seconded. All in favor. Motion carried.

Respectfully submitted;

Claire Roff, Planning Board Secretary