Briar Lane 2007-258
Resolution Accepting Donation of Briar Lane Property
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York,held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on December
10t , 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor _ Joseph Ruggiero
Councilmembers - William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS,Klein and Alexander owns property on Briar Lane and wishes to make a
donation to the Town of Wappinger, and
WHEREAS, a Phase 1 Environmental Site Assessment has been completed and
submitted to the Town Board, and
WHEREAS, said property on Briar Lane would be an asset to the Town of Wappinger.
NOW, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby
accepts the donation for the property on Briar Lane from Klein and.Alexander.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls,New York
12/10/2007
The Resolution is hereby duly declared adopted.
QO
HN C. TERSON, TOWN CLERK
MGM, MARTIN &.DEL BENE
Consulting Engineer, C�,, 3tuveya,v
56 Nlaln Strcct
houg��kecpsic, Ncw York 12601 �
845-471-7898 i
415)-471-0905 (FLS)
November 26, 2007 VIA FAX & MAIL:
Vergilis, Stenger, Roberts, & Davis, LLP.
1 136 Route 9
Wappingers Falls, New York 12590
Attention: Albert P. Roberts, Esq,
Reference: Klein and Alexander to the Town of Wappinger
Dear Al:
am in receipt of Phase I Environmental Site Assessment for Klein and
Alexander Property on Briar Lane in the Town of Wappinger.
I have reviewed the same and have some comments. I have provided
copies of the pages where I do have the comments for your review. If you
think it is appropriate, I would recommend that we transmit the report onto
a third party environmental review firm to look at the conclusions drawn.
Please contact me so we can discuss this.
*seph
y rs,
r/
i
1 gi J ! P.E.
/JEP:pr
enclosure
cc: Supervisor Joseph Ruggiero w/encl.
Town Board w/encl.
!9(77-?ililh
Klein hn r'Ilevander'Properly=
PhlrselEr7virorlrurrNr+lSire,is ca'surerNRepor� ��+tr 8"
3.0 USER PROVIDED INFORMATION
A User Questionnaire was provided by TCC to ALKL Corp, The questionnaire was
completed by James Klein of ALKL Corp., the property user and owner. In addition, Mr.
Klein indicated that this report will be relied upon by the Town of Wappinger. Therefore.',
in order to obtain CERCLA liability pi-otection, the Town of Wappinge.r must also satisfy
the user requirements of this section,
3•1 Title records
Title Records have not been provided to TCC for review,
3.2 Environmental Liens or Activity and Use Limitations (AULs)
The user is not aware of AULs, such as engineering controls, land use restrictions, or .
inst.tutional controls that are in place at the site and/or have been filed or recorded in a
registry under federal, tribal, state, or local law,
i
3.3 Specialized Knowledge i
I
Mr. Klein, as the owner of the property, has specialized knowledge of the subject property
and its historical uses. Mr. Klein has indicated that the subject property has always been f.
vacant wooded land, and has never been used foi- commercial or agricultural use,
3.4 Commonly Known or Reasonably Ascertainable Information
l
As the owner of the property, the user, ALKL Corp, is not aware of any past uses,
specific chemicals currently or historically presents, spills or chemical releases or t '
environmental cleanups occurring on the property that would help identify conditions k
indicative of a release or threatened releases.
l•-;:
3.5 Valuation Reduction for Environmental Issues '
The user has not identified obvious indicators that point to the presence or likely presence r
of contamination at the property based on their knowledge and experience of the property.
x.:
r: .
r:
3.6 Reason for Performing the Phase Z ESA
The owner has indicated that the property is being donated to the Town of Wappinoer,
and that the town requested that a Phase I ESA be performed. The Town has trot
provided reasoning` fdt the Phase I ESA'' (i:e. 13i.lsiness risk evaluation or CERCLA
liabilit
y protection).
12110i00108601?0714("4LICL Coip.)11�eporLslJ'hase IE54.doc
The Chuen Com
p�rnses
Abvemher.I1. 30o `ht
Klein and Alecander Properly pa e. . 10-
Phase
0_Phase 1 Environmental Sae Assessmenl Report
I
of row crops is visible. The surrounding area is comprised of agricultural land with
orchards to the southeast, Briar Lane has not been built yet,
1946: There are no significant changes to the site property or the surrounding area since
1935.
1.967: Briar Lane has been constructed to the east of the southern lot. No residences have
been built along Briar Lane, The surrounding area has become more residential since
1946. There are no other significant changes to the site, property or surrounding area,
1970: The southern lot is now all wooded land. There are no other significant changes to
the site or surrounding area since 1967.
1980: A large commercial/industrial building has been erected east of the subject property
across All Angels Hill Road. This is most likely Fairchild Semiconductors. No other
significant changes are visible on the site property or the surrounding area remaining.
1.994: Power lines are located to the west of the subject property and residences are now
visible along Briar Lane; otherwise there are no other significant changes to the site
property or the surrounding area since 1980.
4.5 Municipal Records/ Local Government Interviews
4,5.1 Assessor's Office
Information on file with the Town of Wappinger Assessors Office was reviewed by TCC
on October 29, 2007. These records provided ownership history information discussed in
Section 4.2 above. A deed on file indicated a proposed road to be built through the
southem parcel as an extension of Briar Lane. This road has not been constructed and no
further documentation was found regarding the proposal.
4.5.2 Building Department
TCC sent a Freedom of Information Law (FOIL) request to the Town of Wappinger
Building Inspector's Office for reoords review. The building department responded that
they have no files for the two lots and that the land is vacant, A copy of the Building
Department's response letter is attached in Appendix D.
454 Fire Department
Mark Lieberman, the Town of Wappinger Fire Inspector, was called to obtain information
regarding the subject property on October 24, 2007. Tl&T—Fd�;u i of Wappinger Fire
Dearttn nt had rt�t xespWndet3 o this'Adate. Any information produced within 20 days of
the request will be revew`ed�and forwarded to the client.
X.'12120700-20800120729 (4LItL Corp.)\Roports\Phase JES4.doc The Chazen Companies
November 14, 2001
Klein iind Alexouder Properly Page 1�
phase!Fnvironnremol.Siie AsseNsrnem Nepor�
Federal Institutional Control/Engineering Controls
The subject property has not been identified as a USEPA Institutional Control Site or as
having any Engineering Controls. Additionally, based on information provided by the .
user, no institutional or engineering controls are known to exist for the subject property
(see Section 3.2 above).
Federal ERNS List
The Emergency Response Notification System (ERNS), a national computer database
system that is used to store information on the sudden or accidental .release of hazardous
substances including petroleum into the environment, was reviewed. No ERNS releases
are reported to have occurred on the subject property or on any adjacent properties,
5.13 State and Tribal
State and Tribal Hazardous Waste Sites
The subject property was not identified as a New York State Department of
Environmental Conservation (NYSDEC) Inactive Hazardous Waste Disposal4�(IHWD)
r , x r 7'Y� m x`¢ 2aa
State or Tribal hazardous waste site. A r g"O' "o, th1�1 ���rrdica�e�F�ti�t�oi�e THUD site is
t,�"r„r Ws..,'¢ � �. �,� bi'3T ri T 1,�r,t�rt�rtr # wL YL"yT f� 1� k
locatad.`�tthi "a:T # e_rdius of the subject property. ,airte� i✓miconductor, located
at 91 All Angels Hill Road, is listed as ar� HWJ site (Site Code 55978). The property is
located approximately 0l; 4 frfileast=af,the-subject property and is listed 0Tperly
closed regU1d11 0.nMt i e m iag r ent. The Fairchild facility was a semi-conductor
manufacturer. On-site Hazardous waste management included acid neutralization and
equalization tanks; four lined lagoons, and underground storage and treatment tanks.
Remedial actions include a groundwater purge system, discharge of treated waters
through a permitted SPDES outfall, and excavation of contaminated soils. wenty-five
post remedial monitoring wells have shown a trend of decreasing contani%M.i 4_rir=levels
from 1985 — 1995.
3
Y� Vi`
Residential well water samples co`1,teced� Fr�Aly2ecIsest�to terte showp'iedence
o£ rte�� lat ti �ontaminarl# However, solven" s; mere tecta r �° c owngr, lent
����;,M�r�� r��-'`- '�r'��i $ v,��t y..��hn � zr fi , 5.7r ;� ^�s� -,� � -��t���� t r�• i
manttaritXg`v �tlrh �ie41iadet+h,>tiedicairtg§„rrzeMaori,kias..>nht been completely
effective aril should cat7tthue. Although, perioC,dnntzg'Wva,„z�supply well sampling
down4iadient has of ;fletected ,sate xlate �ontaminants, suggeiragtht the
contabFtirlatfg �phwngtadent.+ 1
•r.YPrn is i-,iJYti (,:..x_\I'JSw�..k+-
�F ^F 12gsL
Due to the topographic relation between this property and the subject property,-; are s a
rLcu 4” 7 Sii?! tr m k X �,pr -
0 O ialfor this-'sife tto;�havenmpacts tri the s zl,�nd ground a ei^quaIlty f Fhe subject
R4
pia etty,, However; lase `o ,avarlal�li✓ information, d9,iy gra l n :`horneown r wtelTS:xd
.�.
m r ;
not a�pear`:fa have�cetl=arr�pa��ed,. 5, , -� .:5
,x:12120700.20800120724(41,111 Coip.)\ReportslPhase JESA.doc The Chazen Companies
November 14, 2007
'Kici.H{11;d Alexander Property Pogo - J6_
pf4ase
b-
pf4ase 1 Erruirot tmerrtai Site Assessmei?f Rc-por(
State and Tribal Brownfields Sites
The subject property was not identified as a NYSDEC or Tribal Brownfields sites,
Brownfields sites are any real property where re-development or re-use may be
complicated by the presence of a hazardous waste, petroleum, pollutant or contaminant.
No NYSDEC or Tribal Brownfields sites were identified within 0.5 mile of the subject
property.
. 5.2 Supplemental Non-ASTM Environmental Record Sources
The supplemental databases listed below and their corresponding search radii. were
reviewed.,
Siipplomental Non-ASTM. Environmental Record Sources
Ra
Database . thus
NYSDEC Spills Information Database U.5 mile
NYSDEC Major Oil Stora,,e Facilities (MOSFs) 0.5 mile
5.2,1 State
State Spills List
The subject property was not identified on the NYSDEC's Spills Information database
(Including Leaking Above ound Storage Tank events), Based on.a review of the spills
database y g"s i11 ents.`. re identXs as;.`haxXng':oc�ured'wt�un 0 5 mile. e�f=: 1
a -0 ., ?
subject property,
Spill 90505649 occurred on �A {SzOdS atd was due to equipment failure near some
atYsrnt sFc� lines. The spill happen e4 approximately Q�1,�t�e�,
4,x.4.,,... J S.t-• ,..
property
7T V.-
at' 5xdiner Road. Ten gallons of hydraulFc oili,yvas reported to have spilled
onto the ground from a leaky hose. The spill was closed by the NYSDEC onitis
F�
Z�(} :u bye;to lh 'pzest7 n d grout dwater flow dizection and NYSDEC closure,tars �it� rs'..
y'�F Y..
not expected to have oily stg i pant impacfs t6,01l ozgrauridwate quality at° li. su jeo
property.
Spill # 7:02 28 was r ortecl,ap dune ; 2fl0?: A vehicle accident approximately:Q3'9:.
miles northeast of the subject prope �at i9 iclier Road spine an unknown amount
of oil and gasoline into a stream. The spill was closed by the NYSDEC on 3e
Due to presumed northwest groundwater flow direction and NYSDEC c'Iosures:spill
is not expected to impact soil or p=ountlt ater'..quahty at the site property.
X.12120700 208001207 4(4_LJ L Corp.)114eports 1 Phase 7 E.S.1.doc The aezero Companies
Novejnher 14, 2007
Klein nnr AJuaniaderl'ropet'ty Page
Phar p I Envirotunernlnl Site Assessment Report
6.0 SITE vis C
6.1 Conditions of Visit
6.1-1 Site Contacts)
Access to the site was granted by James Klein, the property owner. TCC was not
accompanied during the course of the site.visit,
6.12 Date of Visit
The site visit was conducted by Richard Hochuh of TCC on October 29, 2007.
6.1.3 Areas Observed
Exterior areas of the subject property were observed during the site inspection using a
transect line pattern, The ground was covered with frost at the time of the site visit,
6.2 Chemical and Petroleum Substances
Petroleum and chemical substances believed to be associated with identified uses as well
as those of alternate origin are discussed below,
6.2,1 Petroleum and Chemical Bulk Storage Tanks
No petroleum or chemical bulk storage tanks were identified on the subject property
during the site visit.
6.2.2 Raw Product Drums and Containers
Several:plastic duris141 S) were identified as near the southern parcel during the site
visit. The drums with. visible markings were labeled "Fabulous laundry detergent", and
were located at the boundary between the southern parcel and the southern adjoining
apple orchard, It is uncertain if these drums were on the site property or the adjoining
property to the south, The drums appeared to be empty, but this was not confirmed for
every drum. No staining or odors on the surface soil was noted around the drums.
No raw petroleum containers were identified during the site visit. No unidentified raw
product drums or containers were noted on the subject property at the time of the site
visit,
I".'',2`.30i0D�010D`;20rS4 G4LIiL Go�p.)ltzepolCs\ haselE'SA.doc The Chazen G'ompanies
Nnvemher 14; 2007
Klein oud Alc�xanrter Properly
Pnge -22.-
Phase 1 Enverownewnl Site Assessment Reporl
8.0 REPORT FINDINGS, OPINIONS AND CONCLUSIONS
The Chazen Companies have completed a Phase I Environmental Site Assessment
("Phase t ESA") in conformance with the scope and Limitations of ASTM Practice E
1527-05 on. the Klein and Alexander Property located on Briar Lane in the Town of
Wappinger, Dutchess. County, New York. Any exceptions to, or deletions from, this
practice are described in Section 1.0 of this report.
This assessment was performed during the month of October 2007 and was comprised of
a site reconnaissance by TCC, interviews with individuals knowledgeable of the property,
and a regulatory and historical information review.
The subject property is currently vacant wooded land.
This assessment has revealed no signs of (as
defined under ASTM E 1527=05) regrrdn � huhecproperty,
Although not considered "rec4gffi�>f '�ions" as defined under ASTM
rri
E 1.527-05, the following items were identified.
The subject property is rs, an
Inactive Hazardous Wash-Dpaie (THWD). The site is currently not active,
but is under remediation with, Yf. management. T k �tance and
upgradient topographic relation nto the subject property indicat$ F-is a
potential for impacts to sqd.-affd,t. quality on the sub !ect property.
G fi=�s�a
Records indicate that groundwatera �aina .,xt ji�'eseri � t is IHWD.
However, available information indicates "otafie° homeowner wells
dowrigradient of this site, but upgradient of the subfect$ perty, have not been
impacted by site-related contamip,4,
.k 12120700.20800120724 C4LI"L CoiPJ\Repoi is\Phase I E54.doc The Ghazen Companies
November 14, 2007
i
Klein rmd Alexnnder Prapany Page -23-
P�ias l Lrrvirowneraial SrIe Assessrtien[Repar!
9.0 SIGNATURES) OF ENVIRONMENTAL PROFESSIONAL(S)
We declare that, to the best of our professional knowledge and belief, I/we meet the
definition of Environmental Professional as defined in Section 312.10 of 40 CFR 312.
We have the specific qualifications based on education, training, and experience to assess
a property of the nature, history, and setting of the subject property. We have developed
and performed the all appropriate inquiries in conformance with the standards and
practices set forth in. 40 CFR Part 312.
Emily A. Pereiraj
Environmental Professional
Peter A, Conde, P.G.
Senior Manager-Environmental Services
X-'\2\20700-20800120724 O LNL Corp-A Reports\Phase l ESA.doc The Chazen Companies
November 14 2007
TOWN OF WAPPINGER
HIGHWAY DEPARTMENT
Kenneth T. Croshier 20 OLD ROUTE 9
YffjXX&XXyAXaIXXK
WAPPINGERS FALLS, N. Y. 12590
SUPERINTENDENT OF HIGHWAYS
Acting
December 10 , 1982
Town Board - Town of Wappinger
Town Hall - mill Street
Wappingers Falls, New York 12590
Dear Members of the Board;
Blease be advised that the street known as Ari, ,, ; lane, r.
in the Klein and Alexander Subdivision, has been,"completed
according to Town Highway Specifications and 1 would recom-
mend its acceptance.
Very truly yours,
k�XX61'
Kenneth T. Croshier
KTCkff