Dear Editor,
At the Aug. 6 Town Board meeting, residents learned that Somers is applying for a $5 million Water Quality Improvement Program (WQIP) grant to purchase the 28.8 acre Granite Pointe property. Protecting the Amawalk Reservoir is a shared priority — but we must be realistic about the financial and legal implications before moving forward.
Under the WQIP rules, Somers would be required to contribute a 25 percent match, or $1.25 million. That is taxpayer money. At a time when families are already facing rising costs, Somers cannot responsibly commit to a $1.25 million expenditure without a clear plan, clear protections, and clear answers.
Even more concerning is the unresolved Superfund liability. The state Department of Environmental Conservation (DEC) spent $18 million cleaning up toxic lead, arsenic, antimony and other contaminants left behind from the former trap and skeet range on the site. According to public reporting, DEC believes the current owner may be responsible for repaying those cleanup costs. The owner disputes this.
Until DEC issues a formal liability determination, the property carries a cloud of potential financial risk. If Somers were to acquire Granite Pointe before that question is resolved, the town could inadvertently inherit exposure to a multimillion dollar claim. That is not a hypothetical — it is a documented possibility.
Fortunately, Somers has multiple alternatives that protect the reservoir without exposing taxpayers to unnecessary cost or risk.
First, the town should formally request that DEC issue a liability determination letter. No municipality should consider purchasing a former Superfund site without knowing whether liability follows the land or the owner.
Second, Somers should bring New York City’s Department of Environmental Protection (DEP) into the discussion. DEP routinely acquires land in the Croton Watershed to protect drinking water for millions of New Yorkers. DEP has both the mandate and the budget to purchase environmentally sensitive parcels like Granite Pointe — and DEP does not require a 25 percent local match. If DEP acquires the land, Somers taxpayers pay nothing and the reservoir is permanently protected.
Third, if the town continues pursuing the grant, the match does not need to come from Somers residents. Organizations such as the Westchester Land Trust, Somers Land Trust, Scenic Hudson, and Trust for Public Land regularly partner on watershed protection projects. Westchester County and private donors can also contribute. This is exactly how the 654-acre Angle Fly Preserve was secured in 2006 — through a coalition, not through local tax increases.
Beyond funding, Somers has several regulatory and legal tools available:
The town can deny further extensions. Granite Pointe has already received 36 separate 90 day extensions over decades. Updated watershed regulations and contamination concerns justify a fresh review.
The Planning Board can require a new Environmental Impact Statement (EIS). Standards for stormwater, septic systems, and watershed protection have changed significantly since the original review.
The town can request that DEC formally determine whether the site is environmentally unsuitable for residential development, given the risk of disturbing remediated soils.
Somers can explore a conservation easement, which permanently prohibits development without requiring the town to purchase the land.
As a last resort, the town has the legal authority to use eminent domain for environmental protection, compensating the owner at fair market value while safeguarding the reservoir.
Somers can protect the Amawalk Reservoir, protect taxpayers, and protect itself from unnecessary legal exposure. But doing so requires a thoughtful, transparent strategy — not a rushed commitment to a $1.25 million match and not an acquisition made before DEC resolves an $18 million liability question.
We all want the right outcome. Now we need the right process.
-John Mooren, Somers
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