STONY POINT ACTION COMMITTEE FOR THE ENVIRONMENT PO

SPACE
STONY POINT ACTION COMMITTEE FOR THE ENVIRONMENT
P.O. Box 100, STONY POINT, NY 10980 - (845)429-2020
www.stonypointer.org • info@stonypointer.org
Mr. Willie Janeway, Director; Region 3
New York State Department of Environmental Conservation
21 South Putt Corners
New Paltz, NY 12561
845–256–3000 July 7, 2008
Subject: Town of Stony Point Special Permit SEQRA review
RE: Crossroads, LLC application for shopping center on former Kay Fries site
Dear Mr. Janeway,
The Town of Stony Point is currently reviewing an application from Crossroads LLC to construct a shopping
mall on the former Kay-Fries industrial site, which is designated as a NYS DEC Superfund Site Classification
2. From the 1930’s until 1987, large amounts of toxic chemicals were “disposed of” there, resulting in its
current superfund status.
The Stony Point Town Board, as lead agency for the special permit review, is currently conducting the
SEQRA review, which it has designated as an Unlisted action. Since the town has publicly announced its
interest in seeing the project approved as expeditiously as possible, we have grave concerns about its ability
to review this project in a thorough and objective matter and take the “hard look” at environmental issues as
required in its role as lead agency.
SPACE has requested a number of documents under NYS Freedom of Information Law that might help
clarify the safety and environmental issues we have raised in the course of the public hearings. However,
the town’s response to our FOIL requests have been incomplete and the town has not supplied the
documents in what could be considered a “reasonable” time period as required in the FOIL regulations –
thus intensifying our concerns over the thoroughness of the project review. Residents have spoken at the
SEQRA public hearings and have also submitted documentation to the town board, asking that it review and
investigate the superfund status of the site.
One of the documents that SPACE has obtained by FOIL is a 9 page report from H2M GROUP –
Holzmcher, McLendon & Murrell P.C.(March 31, 1993) sent on behalf of the Town of Haverstraw, to James
A. Quinn, project manager, NYS Department of Environmental Conservation in response to the DEC
investigation of Kay Fries. The H2M report thoroughly examines the process used by the DEC to evaluate
the Kay Fries site and raises several questions concerning the operation at Kay Fries, the extent of
contamination, the policy for disposal of hazardous chemicals and the unaccounted locations for disposal of
chemical wastes and that delisting letters were requested from the DEC, but never received. We were not
able to find any documents in the town’s Kay Fries files that replied to the H2M letter.
Despite the extensive list of environmental concerns and questions raised by the NYSDEC Hazardous
Compliance Team, dated April 7, 1981, (see H2M letter, page 3), the scope of investigation of the Kay Fries
site by the DEC was limited and incomplete, as the H2M report clearly states (page 4 paragraphs #4-#6):
“ Subsequent to the executed Consent Order (1983), the consultant for Kay Fries responded
to NYSDEC by limiting the scope of work to one (1) upgradient and four (4) downgradient
wells (TB-1 through 5). Despite NYSDEC disagreement with the scope of work proposed by
Kay Fries consultant, NYSDEC approved the plan and it was implemented.
For the next ten (10) years, the RI proceeded in a series of seven (7) phases. Throughout
that time period, numerous NYSDEC documents reiterated the same initial concerns for
defining the history of waste disposal on site, the nature of the contamination, and areas of
concern on the subject property. To this date, this information as not been available for public
review and has not been adequately addressed in any documents available in the public
record or through FOIL.
As part of this concern, the area west of the railroad tracks (on the subject property) has not
been investigated. It is unknown as to whether this area is a source of contamination..”
SPACE members have conducted additional research at the Town of Stony Point and through FOIL
requests have found the following documents, listed below and attached, from the town’s own files, which
may provide your office with additional information and answer the question as to whether remediation was,
or was not accomplished at the Kay-Fries site.
The attached documents include:
1- Letter from Susan Filgueras to James Schreyer, NYSDEC – (March 31, 2008)
2- H2M Engineering report (9 pages) on behalf of the Town of Haverstraw – (March 31, 1993)
3- Appendix A- Administrative Record Kay-Fries, Site NO 344023 pages A-1 to A3

4- Misc listing of documents starting at point 14 – (October 18,1991)
5- “C” Citizen Participation – points 1 through 12
6- Mics Document – Starting with “Analytical Data package from (May 26,1983), sampling (New York
Testing Laboratories) Point’s 1 through 17 2 pages – (June 13, 1983)
While SPACE wants to encourage appropriate new tax ratables in our town, we have serious questions
about the process that the Town of Stony Point has used to designate this high-density commercial use in
the town’s LI Zone by special permit.
As the lead agency for the SEQRA review, the Stony Point Town Board has a responsibility to consider the
environmental issues raised in this application and we urge the board not to give any special permit
approvals or for the DEC to issue any permits on this application before we better understand the issue
raised in the H2M Group letter and the extent of environmental contamination that may currently exist at this
superfund site.
We are asking for your assistance in assessing the safety of this site for construction before the Town of
Stony Point provides any approvals for a special permit or site plans. The residents of Stony Point and
adjacent neighbors deserve to know if the proposed location of this shopping center construction poses any
risk of disturbance or exposure to hazardous chemicals that may still be present at Kay Fries.
Thank you for your assistance in this very serious matter.
Sincerely,
Susan Filgueras, Board of Directors
Stony Point Action Committee for the Environment (SPACE)
cc: Phil Marino, Supervisor; Town of Stony Point
Joan Skinner, Stony Point Town Clerk
Sal Corallo, Commissioner; Rockland County Department of Planning
Joan H. Facelle, Commissioner; Rockland County Department of Health
Russell Penzer, Lazer, Aptheker, Rosella & Yedid, P.C.

Subject: Town of Stony Point Special Permit SEQRA review-
Re-CrossRoads-
Attachment 3- Appendix A- Administrative Record Kay-Fries, Site NO344023 pages A-1 to A-3
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Subject: Town of Stony Point Special Permit SEQRA review-
Re-CrossRoads-
Attachment 3- Appendix A- Administrative Record Kay-Fries, Site NO344023 pages A-1 to A-3
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Subject: Town of Stony Point Special Permit SEQRA review-
Re-CrossRoads-
Attachment 3- Appendix A- Administrative Record Kay-Fries, Site NO344023 pages A-1 to A-3
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