Substantial cleanup costs await Frank’s Nursery buyer
The former Frank”™s Nursery site on Dobbs Ferry Road in Greenburgh is an environmental nightmare, according to a recent study by a West Harrison engineering firm.
Woodard & Curran Engineering P.A. P.C. released its environmental study that the town of Greenburgh commissioned as it prepares to sell the site to Elm Street Sports Group L.L.C. or Game On 365 L.L.C. A decision is expected by the end of the month.
According to Woodard & Curran”™s report, the site contains numerous carcinogens and contaminants, much of it related to a fuel oil spill in April 2001. The property went into foreclosure in 2004, with the town assuming ownership.
While Woodard & Curran did not provide a dollar figure, the firm said cleanup is expected to cost millions of dollars. Last summer, the town estimated that cleanup costs would be $100,000.
Woodard & Curran will be meeting with the state Department of Environmental Conservation (DEC) to discuss the best course of action to remediate the site. Game On 365 or Elm Street Sports would be required to pick up the tab for the cleanup costs.
“It was our intention to not be responsible for the cleanup costs,” Town Supervisor Paul Feiner said. “We are not concerned; this is manageable. We don”™t think this will impact the sale. They”™ll know everything that we know.”
Both groups remain undaunted in their desire to purchase the property, though Elm Street Sports would like more information from the town before they proceed.
Donald Scherer, CEO of Elm Street Sports, said he is concerned by the fact that contaminated water from the site has flowed into neighboring properties.
“Whoever buys the land will be sued,” Scherer said. “There are a lot of carcinogens, which we are not surprised about.”
Scherer said he always believed cleanup costs would be substantial, which is why Frank”™s Nursery walked away from the site rather than attempt to sell or remediate it. If the town decides to sell him the property, Scherer expects to meet with DEC officials to discuss remediation.
“If this doesn”™t give you pause, you gotta be crazy,” Scherer said. “This cleanup involves people in white hazmat suits, it”™s crazy. Everything is on pause until we find out what has to be done and how it is going to be done.”
Martin Hewitt, project manager for Game On 365, said he is not overly concerned about the costs.
“We”™re fully funded,” Hewitt said. “We understand there was an oil spill there, that”™s been discussed for years. We”™d like to get going.”
Game On 365 recently filed a motion to dismiss a lawsuit brought on by Elm Street Sports against Game On 365 and the town of Greenburgh, claiming that Elm Street Sports is trying to drag the two parties through unnecessary litigation to delay the project. Elm Street Sports”™ lawsuit claimed that the town”™s initial attempts to lease the property to Game On 365 were a violation of state law.
Elm Street Sports has offered $3.5 million for the property, while Game On 365 has offered $1.5 million.