Planning board presses Wagner estate for concrete remediation plan after testing shows exceedances

Attorney Anthony Centone, representing the Wagner estate, told the Planning Board on Feb. 9 that the family has resubmitted consultant testing and is seeking a path to resolve soil‑contamination issues at 205 Pudding Street (tax map 30.2‑59; file 2023‑0273). Centone said the family is financially strained and hopes to finalize a corrective plan.

Planning staff reviewed a limited site investigation and follow‑up sampling (2023 and 2025 borings) that extended to depths of roughly 10 to 12 feet in many areas and said the results “did not meet the unrestricted residential soil cleanup objectives,” language used by staff in describing the laboratory findings. Staff recommended either removal of the affected material or a capping approach, both of which would require further study and potentially DEC permits. Staff also said a capping approach could lead to a recorded deed restriction if the site became classified as a landfill under DEC rules.

Board members and counsel identified three practical next steps for the estate: obtain updated, deeper testing and a clear engineering plan; secure contractor proposals and cost estimates for removal or excavation work (including access and equipment needs); and, if capping is proposed, prepare a formal plan for DEC review and note possible deed restrictions and long‑term use limitations. One member suggested the estate attempt to remove contaminated material from the neighboring parcel and then cap on the estate parcel, but staff warned material cannot be left on the neighbor’s property and that any capping path requires DEC approval.

The board did not approve a specific remediation action; it directed the estate to provide a concise plan (two courses of action with cost estimates and a construction sequence) and to return with the materials. Members emphasized the need for a single submission package to avoid repeated hearings.