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 14, 2020
Download Minutes : Download File

Village of Tivoli

Planning Board

Draft Minutes

September 14, 2020


Present Also Present

Mike Billeci; Chairman Alexandr Neratoff

Pamela Morin

Lisa Schwarzbaum

Donna Matthews


The workshop was held in the Historic Watts de Peyster Village Hall. It began at 7:00 PM.

Old Business

27 Montgomery Street – Site Plan Review

Mike Billeci stated that the Village Planner had prepared a memo on the project. The applicants were not in attendance so a few points were highlighted, but the board will wait until a future meeting to review the memo fully. The proposal for 27 Montgomery is straight forward. Michele Greig made a point in item #9 on the memo that accessory apartments are prohibited in Tivoli. She suggests that a note that accessory apartments are prohibited in Tivoli be included on the site plan. The project needs a variance from the ZBA, so the Planning Board review cannot proceed until the ZBA makes a determination.

New Business

80 Montgomery Street – Site Plan Review

A new dwelling is being proposed at 80 Montgomery Street and requires site plan approval because it is in the HO district. Alexandr Neratoff, the owner and architect, was present to represent the project. He said that it would be a straightforward proposal if it were not for easements on the property for 82 Montgomery. He is proposing to build on the footprint of the house that was permitted in 2005. The house will look like late 19th century in style with a detached garage. There was a variance for the side setback for the house in 2005.

The complications result from the review of 82 Montgomery. It was anticipated that 82 Montgomery would require parking that could not be provided on the parcel, so an easement was made on 80 Montgomery to allow two parking spaces and a garage for 82 Montgomery. It turns out that legally the easement was not required because the house only required one parking space which could be provided on the parcel, but for practicality, it would be better to have space to park and turn around from 82 Montgomery instead of backing all the way out of the driveway.

Alexandr Neratoff said there would be two parking spaces for 82 in the rear of the property, two in the garage and one space in front of 80 Montgomery.

Mike Billeci stated that he seemed to remember that the village attorney had an issue with the easements. Alexandr Neratoff responded that the issue was with building an accessory building on a property without a principle use because the house on 80 Montgomery had been demolished. Otherwise there are no restrictions about what an easement can do. The main issue was that they were told that they needed a maintenance agreement. The easement needs to be adjusted by about 30” anyway.

Donna Matthews asked whether Aleandr Neratoff is the owner and architect for 80 Montgomery. Yes, he is, and he is the architect for 82 Montgomery.

Mike Billeci stated that as part of the Planning Board’s process, money needs to be put into escrow so that the Village Planner can review the project. $500 was requested. He stated that the main complication with the project is the easement.

Alexandr Neratoff stated that they didn’t have an issue with the easements.

Mike Billeci said that as far as the house design goes, it is sympathetic to the Pattern Book. He has some concerns that the main entrance to the house is on the side, not the front. It makes the house seem like it is turning away from the street.

Alexandr Neratoff said that there is a porch on the front of the house. The main entrance is on the side with a classic central hall plan. It conserves space.

Mike Billeci suggested some screening so that it is not seen as a sideways house.

Alexandr Neratoff responded that it is the last house on Montgomery Street that is in a rhythm. The rest of the houses until the edge of the village are more free standing. As an urbanistic approach, the house would be like an endcap.

Mike Billeci asked if there were any other questions. No.


As no meeting was opened during the workshop, the minutes from August 24, 2020 will be reviewed at the next meeting.

Mike Billeci discussed writing a letter to John Fenton with the board. It can be reviewed as a board in a future meeting. It concerns him that the parking from the hotel site plan was never implemented. He believes that the hotel is not in compliance with the site plan. They were to have three additional parking spaces beyond the fence; they might not even have room for them without taking down trees. The letter would be to have the ZEO follow up with the Corner.

The workshop ended at 7:25.

Respectfully submitted,


Laura Gail Tyler

Deputy Village Clerk