Feb 7, 2019 | Save Craryville Letter Re. Absence of Subsurface Contamination Reporting in Phase I Environmental Site Assessment

February 7, 2019

Attn: Chairman Bob Haight and Members of the Copake Planning Board

FOR THE PUBLIC RECORD

RE: MEETING MINUTES REFERRING TO THE ABSENCE OF SUBSURFACE CONTAMINATION REPORTING [SOIL TESTING] IN THE PHASE I ENVIRONMENTAL SITE ASSESSMENT

Dear Chairman Haight and Members of the Planning Board:

In collaboration with Save Craryville supporter, Leigh McBride’s Letter[1] to the Planning Board dated January 28, 2018, we have included chronological Meeting Minutes in reference to the absence of subsurface contamination reporting, or soil testing, in the July 2004 Phase I Environmental Site Assessment. Relevant quotes are highlighted and summarized below. Our intention is to provide the Planning Board with documentation that supports that the Phase I Environmental Site Assessment does not include subsurface contamination reporting even though the issue of potential existing fuel storage tanks on the site has not been resolved. Again, we are calling on the Planning Board to exercise your authority and due diligence to require soil testing for subsurface contamination on the site by an independent environmental consultant.

SUMMARY OF RELEVANT EXCERPTS

ZBA Meeting Minutes - 7/28/16

~ Tom Casey noted that he could meet all the criteria. He also mentioned that the underground tanks that were on the site were removed in the late 60s, there was an asbestos remediation in the early 70’s as well. He has his own geologist that will do core sampling, he does not know yet anything about the well or the septic system at this time.

Planning Board Meeting Minutes - 9/1/16

~ Mr. Grant asked whether any environmental hazard studies have been done as yet such as a Phase 1. Mr. Case acknowledged that an asbestos abatement had been done on the property and he expects his own geologist will be brought to do core samplings.

ZBA Meeting Minutes - 10/27/16

~Tom Casey mentioned the tanks that were there have been removed a long time ago and were taken to Catamount. A geologist will be hired and will take samples.

~Gus from Beach & Bartolo was present and he said that he will research the papers on the property to find out if there are records on the tank removal.

Planning Board Meeting Minutes - 11/3/16

~ Mr. Grant asked whether a Phase I Environmental Study had been done and was advised by Mr. Casey that one had already been done and the asbestos remediation had already been completed and certified. Mr. Grant questioned whether there was anything in the soil. Mr. Casey acknowledged that he had a letter which stated that there were tanks there at one time and were removed and given to Catamount Ski Area. Mr. Casey also advised that he has geologists on staff that will be brought in to do core samplings. Mr. Grant then asked whether the Phase I Environmental Study had recommended that they proceed to a Phase II and was advised by Mr. Casey that no Phase II Study was required. Mr. Grant asked for copies of those documents.

Planning Board Meeting Minutes - 12/1/16

~ Mr. Casey acknowledged that the Phase I Asbestos Report had been submitted as requested by the Board and the document has stated that any issues have been mitigated. Ms. Becker made note of the fact that Mr. Grant had also requested that a copy of the Phase I Environmental Study be submitted along with the Phase I Asbestos Report.

Planning Board Meeting Minutes - 3/1/18

Ms. McBride brought up the fact that this site was originally a gas station and the ZBA minutes stated that the gas tanks were removed and given to Catamount. It was also stated in the minutes that soil testing was to be done and documentation as to whether the tanks were removed was to be provided. Ms. McBride questioned whether this had or had not been done. Ms. McBride had a lengthy conversation with a representative of the DEC and he was unable to find any record of gas tanks at that site. She did note that if they were removed before 1986 it is possible that there is no record of this as this is when the regulations to register tanks came into effect. Ms. McBride had concerns as to whether soil testing had been done or not.

Planning Board Meeting Minutes - 5/3/18

Mr. Grant questioned whether a Phase I was done during the ZBA process inasmuch as they are the Lead Agency. Ms. DeConti acknowledged that there was a Phase I done at that time and presented the document to the Board.

Thank you for your time.

Regards,

Jamie Carano

Save Craryville

1 Letter to the Copake Planning Board - Craryville Resident, Leigh McBride - https:// www.savecraryville.org/information/2019/1/31/jan-28-2019-letter-to-the-copake- planning-board-craryville-resident-leigh-mcbride