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 : September 12, 2022
Download Minutes : Download File

Village of Tivoli

Planning Board

Minutes

September 12, 2022

 

 

Present                                   

Lisa Schwarzbaum; Chairperson

Mike Billeci

Pamela Morin

J.P. Ward, Alternate

Absent:

Donna Matthews

Bill Shilling

Amy Breedlove, Alternate

 

Also Present

Josh Payne, Applicant

 

 

 

The meeting was held in the Historic Watts de Peyster Village Hall. It began at 7:03 PM. Lisa Schwarzbaum stated that JP Ward would be a voting member for the meeting.

Minutes

Minutes from May 9, 2022 were reviewed.

Mike Billeci made a motion to approve the minutes from May 9, 2022. JP Ward seconded. All in favor. The minutes were approved.

New Business

77 Broadway – Site Plan Review

Lisa Schwarzbaum mentioned the property is in the GB district and the HO district and asked the applicant to introduce the project.

Josh Payne stated that the proposal is for a change of use from residential to commercial. The building will be used as an architecture studio. The interior front space will be used as general office space and two rooms will remain in the back as storage and as private office space. The changes to the façade have been driven by the desire to give the building more of a commercial appearance by adding glazing and to take advantage of views of the historic buildings in Tivoli. A picture window will replace the bay window on the east elevation to showcase the neighboring church. There will be a color change to a dark iron color. Other buildings in the HO district including 125 Broadway and Giobatta are similar colors.

Pamela Morin asked if the building will be monochromatic. Yes.

Lisa Schwarzbaum asked about landscaping. The applicant responded that the other change would be to move the stairs from their current location on the west side of the porch to the east side so that they feed directly off of the sidewalk. This will require changes to the landscaping but no plantings are designated at this time.

Pamela Morin stated that she had comments but was unsure whether she should recuse herself because she sold the applicant the property and because she is the adjacent neighbor. Lisa Schwarzbaum requested that they proceed with the proposal details before making comments.

Lisa Schwarzbaum asked whether parking will remain the same. Yes.

She asked about lighting. Josh Payne stated that it is included on the second sheet. The sky is shielded because the lights are under the porch and the fixtures are fully shielded.

Pamela Morin commented that she likes the project but she thinks that the porch steps should be moved in from the property line. They currently are up to the property line. She commented about a drain located at the edge of the sidewalk in the area that has caused ground disturbances in the area previously and suggested the area might need to be excavated again in the future. She also commented that she was trying to discourage people from cutting through her property and might install a low fence in the area in the future. A discussion followed about the drain location and possible future digging.

Pamela Morin asked if there will be railings on the side entrance. No.

Lisa Schwarzbaum questioned the changes in reference to the Historic Overlay District with a goal to preserve the appearance of buildings. She questioned the glazing because it is bigger and more open. She asked if the doors are sliding or French. There is one operable patio door and fixed panels. She solicited Mike Billeci’s opinion. He had no issues.

JP Ward commented that his only issue is with changing the color scheme from white to dark for the porch. Pamela Morin commented that the monochromatic color scheme is the thing that is most out of place with the historic district.

Lisa Schwarzbaum listed other monochromatic color schemes on Broadway including Winn’s and Osaka.

Josh Payne questioned whether it is the color more than being monochromatic. Pamela Morin asked to confirm that the trim, porch and everything will be dark. Yes.

Lisa Schwarzbaum commented that the picture window on the east elevation is out of character and asked whether it extended floor to ceiling inside. Yes. She asked whether the applicant would consider changing the sill height to match the other windows. Yes.

She asked about the relationship between the columns and windows on the porch and the positioning of the front door. The columns are existing and will not be changed. They do not align with the windows. The door is place with an equal space to each side.

Pamela Morin asked if the side door will be glass. Yes. She commented that she does not like the picture window because the building is on the property line and that window will look out onto her side yard where events are held.

Mike Billeci commented that he liked the color scheme, the stairs and the front elevation and thought that the picture window’s sill height should be changed.

Pamela Morin commented that she liked the sign and thought that the picture window should be broken up and the stairs should be moved in from the property line.

County review was discussed. The board requested that the application be sent to the county for review because it is a property on a county road.

SEQR was discussed. Pamela Morin made a motion to declare the action Type II because it is a change from a permitted use to a different permitted use. JP Ward seconded. All in favor. The action was declared to be Type II under SEQR.

Other Business – Process and Training

JP Ward asked about future training. Training will be planned.

Mike Billeci made a motion to close the meeting. Pamela Morin seconded. All in favor. The meeting ended at 7:25.

Respectfully submitted,

Laura Gail Tyler

Deputy Village Clerk