The Woodstock Environmental Commission (WEC) will recommend action to stop further contamination from construction debris dumped at 10 Church Road, but will wait until the new administration takes office in January.
Marcel Nagele, who was unsuccessful in a primary bid for town board, made a presentation to the WEC about the series of events that led to contaminated fill being delivered by contractor Joseph Karolys. Karolys has previously faced multiple legal actions including an $8 million lawsuit from the state attorney general over illegal dumping and environmental violations at several sites in Ulster County, including in Saugerties.
The WEC has sprung back to life and is tackling a number of issues after being dormant due to not having enough members to hold meetings.
Frank and Pam Eighmey have endured the effects of the contaminated fill after a poorly constructed retaining wall failed and caused a landslide onto their Reynolds Lane property. They have spent nearly $250,000 in legal fees trying to get the town to force a cleanup.
“My opinion is every safeguard that was available to protect the Eighmeys and the aquifer has been pushed aside,” Nagele said.
Supervisor Bill McKenna’s original plan was to take Karolys and property owner Vincent Conigliaro to court, secure a conviction, and place a lien on the property to fund a cleanup. Instead, Karolys and Conigliaro agreed to a plea deal, and the town opted for what’s known as “Plan E” — the removal of visible construction debris and restoration of the slope above the Eighmeys’ property.
The town considered the matter closed in April when Conigliaro reimbursed the town for engineering fees associated with Plan E.
“It’s not just my opinion Plan E was a farce. It did not remediate hardly anything,” Nagele said.
The DEC has said it finds no issue because state law allows up to 5,000 cubic yards of construction material to be buried.
However, it is a violation of the town’s stricter solid waste law and the fill and grading law. The latter was enacted in response to 10 Church Road.
Town Board member and presumptive supervisor-elect Anula Courtis contacted state Attorney General Letitia James’ office and signed a letter along with Supervisor Bill McKenna and then-WEC Chair Erin Moran asking for assistance. While it is too late for the town to be part of James’ lawsuit against Karolys for illegal dumping, her office did note it will consider Woodstock as part of its ongoing investigation.
But Nagele said the town doesn’t need the state’s help.
“We don’t need them. We need to enforce Woodstock’s laws,” he said.
That prompted Council Member Laura Ricci to ask for references to specific parts of town law, which led to a tense exchange.
“There’s no mystery to what the Fill and Grading Law is, there’s no mystery to what the Solid Waste Law is, and there’s no mystery to what the Zoning Code is,” Nagele said.
“I want you to say chapter and verse,” Ricci said, prompting jeers from the audience.
“You’re a quisling,” said Eliza Kunkel.
“It’s insulting to our town at this point,” Sarah Yanosh said.
“You’re a joke,” Kunkel said, before eventually walking out of the room.
Marcel, a member of the group Woodstockers United for Change, noted that while a link between 10 Church Road and the PFOS in the town water supply can’t be proven, the forever chemicals are present in the materials.
The WEC has decided to wait until a new supervisor and Town Board take office in January before making any recommendations, but has agreed to have some sessions with Nagele to have a proposal ready by the time new officials take office.
Big Deep and Little Deep need priority
Another area in need of immediate attention is Big Deep and Little Deep, town-owned land along the Sawkill Creek that has become a popular summer swimming and hangout spot.
WEC members walked the area and found charcoal briquettes tossed onto dry leaves creating a fire hazard, a lot of trash that neighbors have had to clean up, and other safety issues.
“One day, I counted 62 cars parked there,” WEC Chair Susan Paynter said.
“That could conceivably be a couple hundred people without any bathroom facilities. And we’re talking about water safety and water quality,” she added.
“We know there are algae blooms in the Hudson now. So we don’t want to have any further decimation of our local beautiful spots.”
The WEC plans to write a letter to the Town Board with suggestions for improving and enforcing rules at Big and Little Deep.
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