Environmental Concerns Highlighted in Report
While the committee released the report almost three months ago, First Selectman John Raffa had refused to allow the public to view it.
In the Pictorial Gazette September 1 issue, it was reported that over 100 residents signed petitions requesting a land swap town meeting and that an FOI complaint was filed against the commission and Raffa for failing to disclose public records.
The land swap would allow the town to acquire the 5.05-acre DOT garage at 201 Horse Hill Road, also known as Route 145, in exchange for the 2-acre public works facility on Norris Avenue located off Route 154 and the accompanying train station parking lot.
The Norris Avenue site would be the future home of a renovated train station and increased parking while the public works department would receive a larger site and acquire a salt and sand storage facility.
Questions remain on what land would be involved in the swap, according to the report.
“It is unclear whether the property to be exchanged by Westbrook includes the 101 Norris Ave. property, also known as the Zubee property,” the report stated.
If both 101 and 104 Norris Ave. are part of the swap, they estimate it is worth $433,000 but recommends an appraiser should be hired to give a more accurate assessment of the property.
According to Public Law 05-279 section 24(a), the town would get the entire Route 145 parcel but the September 8, 2005 agreement, signed by former first selectman Tony Palermo, has a provision allowing the state to keep 2 acres, initially part of the swap, for construction of a state salt/storage facility.
“It appears that Westbrook provided additional consideration without compensation,” the report stated.
The committee estimates the three acres of the Route 145 property that the town would receive to be worth $438,000.
In 1994, the DOT hired Consulting Environmental Engineers, a company that went out of business in 2005, to conduct an environmental study of the Route 145 property.
Engineers found traces of chromium, chloride, barium, cadmium, benzene, ETPH, (mostly #2 fuel oil), lead, and pesticides such as DDD, DDE, DDT, and dieldrin but quantities of these chemicals were not reported.
Groundwater from the Route 145 property flows close to two residential wells which the commission believes could be contaminated since no reports show the state has tested these wells.
“This committee feels knowledge of the existence of potentially hazardous materials on this property warrants an immediate investigation to determine the extent of the contamination and protect the safety of Westbrook’s citizens,” the report states.
The state hired GEI Consultants to do environmental studies on the Norris Avenue property, which concluded there are “elevated levels of lead, MTBE, and hydrocarbon contamination.”
Scott Hill from the DOT told Committee Chairman Bob Mulvihill that the 2005 agreement signed by Palermo was an “as is” deal and “it was going forward.”
Mulvihill said the agreement is invalid since it never was voted on by residents.
Hill told Mulvihill the property was excluded from the Connecticut Property Transfer Act, an act which requires an analysis by the Department of Environmental Protection.
Letters from Town Attorney John Webber and attorney John Wertam claim the property does apply to this act.
Wertam wrote that usually the buyer assesses the environmental condition of a site by performing Phase I, II, and III environmental assessments.
Phase I identifies areas of environmental concern while Phase II involves obtaining soil and groundwater samples to determine whether there has been a release of contaminates.
Phase III would create a remedial action plan to address contamination and identify costs associated with implementation.
“In a transaction where contaminated real property is being acquired, the buyer/transferee should fully assess the extent and degree of contamination prior to ownership,” Wertam wrote.
DEP Groundwater Unit spokesman Tom Riscassi told Mulvihill that failure to conduct a proper environmental remediation could lead to actions against either party which could result in civil penalties.
Hill claims the environmental contamination is greater at the Norris Avenue property noting fuel spillage and salt leeching, according to the report
“This committee feels there is no additional cost to the state for remediation, since encapsulation is planned. The State will pave the property as a parking lot,” the report states.
Mulvihill told State Representative Brian O’Connor in March about the committee’s environmental concerns and O’Connor promised he would organize a meeting between commissioners of the DOT, DEP, and committee members.
Calls made to O’Connor were not immediately returned.
A town meeting has been scheduled for Sept. 14 at 7 p.m. at the Mulvey Municipal Center to answer residents’ questions about the land swap and allow the town to vote on the transaction.
