Tuesday, April 16, 2024

Excelsior.



Law Office of John J. Tormey III, Esq.
John J. Tormey III, PLLC
1636 Third Avenue, PMB 188
New York, NY  10128  USA
(212) 410-4142 (phone)
(212) 410-2380 (fax)

URGENT

Tuesday, April 16, 2024

VIA FAX: 1-518-357-2291 (1-518-402-8830), U.S. MAIL, and E-MAIL:
Karen Przyklek, Director
Division of Law Enforcement
New York State Department of Environmental Conservation (NYSDEC)
625 Broadway
Albany, NY 12233 USA

VIA FAX: 1-518-402-8541, and U.S. MAIL
Sean Mahar, Interim Commissioner - and Erica Ringewald, Chief of Staff
Office of the Commissioner
625 Broadway
Albany, NY 12233 USA

VIA FAX: 1-518-402-9018, U.S. MAIL, and E-MAIL:
Thomas (Tom) Berkman, Esq. - Deputy Commissioner and General Counsel
Office of General Counsel, Environmental Permits, Internal Audit, Internal Investigations
New York State Department of Environmental Conservation (NYSDEC)
625 Broadway
Albany, NY 12233 USA

VIA FAX: 1-518-402-9016, U.S. MAIL, and E-MAIL:
Patrick Foster, Deputy Commissioner
Office of Remediation and Materials Management
New York State Department of Environmental Conservation (NYSDEC)
625 Broadway
Albany, NY 12233 USA

VIA FAX: 1-518-402-9016, U.S. MAIL and E-MAIL:
Maureen Wren, Deputy Commissioner
Office of Communication Services, Press Office, Constituent Relations (DEC Press Office)
New York State Department of Environmental Conservation (NYSDEC)
625 Broadway
Albany, NY 12233 USA

Re:
The Deliberate Paving-Over Of A Former Sunoco Gasoline Station And Suspected Toxic Site

Location: 447-477 Piermont Avenue, Piermont, New York, 10968 USA

Dear Director Przyklek, Interim Commissioner Mahar, Chief of Staff Ringewald, Deputy Commissioner Berkman, and Deputy Commissioner Wren:

I write to you as a group for now, because it is not yet manifest as to which particular individual and particular office would assert jurisdiction over this matter. However, an external threat like this would I am sure be considered a threat by all of you. It is my carefully-considered opinion that this matter is ripe for pursuit by your offices as a criminal one, for the reasons which I set forth hereinbelow upon information and belief.

What has triggered my letter to each of you today are the unsavory activities of a New Jersey real estate developer and its individual associates, seeking to place a behemoth, overstuffed 14-unit residential building - while at the same time potentially paving-over what is currently believed to be a toxic former gasoline station site on a small property - in the very center of the beautiful and historic Village of Piermont, New York, in the Hudson Valley:

Piermont is directly appurtenant to the Hudson River, as you likely know. The location of the property at issue is 447-477 Piermont Avenue, Piermont, New York, 10968 USA. My understanding is that the reason for the hyphenate address, is the fact that this location is comprised of three or four smaller plots which were deliberately combined for the purpose of the development activity in question.

The developer entity that I believe is threatening to build over this potentially toxic site is known as “Piermont Developers Limited Liability Company” alias “Piermont Developers, LLC”, a New Jersey “LLC” whose status has been revoked for seven (7) years or more by the State of New Jersey for failing to file and pay its Annual Reports. The last-known Manager, Member, and Managing Member of “Piermont Developers Limited Liability Company” is one Gerard M. (Jerry) Polidoro, an individual who was slammed by your ancestral counterparts at the New Jersey Department of Environmental Protection (NJDEP) about a decade ago for failing to remediate a (different) toxic gasoline station site in Bergenfield, New Jersey:

According to a Deed which I just reviewed for a portion of the 447-477 Piermont Avenue property, the recent buyers and current owners of that portion of the property identified as “475 Piermont Avenue” appear to be the same "Piermont Developers Limited Liability Company” alias “Piermont Developers, LLC", and Gerard M. (Jerry) Polidoro:
I am writing to you to therefore try to stop a potential environmental calamity-in-the-making which is unfolding before my eyes and the eyes of the people of the Village of Piermont. At minimum, the residents of the Village of Piermont need immediate NYSDEC attention paid to this environmental threat. The reason that, in my opinion, I believe this matter is ripe for pursuit by your offices as a criminal one, is because both the developers and the soft Village of Piermont government thusfar appear to be steamrollering ahead to pave over this likely-toxic site deliberately:

The site is currently being used as a parking lot for about 24 to 35 cars at a time, and has been used as such from at least as far back as the 1990s – which alone should also raise serious environmental concerns.

While I do not believe that politics should play a part in anything like this, you actually should be made aware in this case, to the extent you are not already aware, that the Chair of the Village of Piermont Planning Board is one Daniel Spitzer, brother of disgraced former New York State Governor Eliot Spitzer of “Client 9”, black socks, and hotel girlfriend luggage infamy. Being that most if not all of you are in Albany, this is something worthy of note, particularly:

I urge you and your colleagues to please visit Piermont, New York immediately - attend to this potential cataclysm-in-the-making - and use every possible resource of the New York State government to protect the New Yorkers who live in the Village of Piermont, New York. The people of the Village need you, and the people of the Village are counting on you.

Thank you, each of you, for your careful consideration of this letter.

Respectfully submitted, and Excelsior,

John J. Tormey III, Esq.