On May 13, 2024 a
Party Statement
was filed
involving a dispute between
Town Of Pawling,
and
Tremson Wood Products Llc,
for Special Proceedings - Other (N.Y. C.P.L.R. 6311)
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024
SUPREMECOURTOFTHESTATE OF NEWYORK
COUNTYOFDUTCHESS
------------------- -- --- ---______
___------------------Ç
TOWNOFPAWLING
Plaintif Index No.
-against-
AFFIDAVIT
WOOD
TREMSON PRODUCTS
LLC,
Defendant.
---------------------
---..____---______---___-------------------x
STATEOF NEWYORK )
) ss.:
COUNTYOFDUTCHESS)
RONALDJ. GAINERP.E., being duly swom, deposes and says:
1. I amthe Town Engineer for the Town of Pawling, NewYork ("Town"), and have
personal knowledge of the facts set forth herein.
2. I have been a licensed Professional Engineer in New York
("P.E.") State since
1976. I originally served as the Town Engineer for the Town of Pawling between 1988 through
2012 and have been most as the Town Engineer
recently serving in Pawling since 2022.
3. I submit this affidavit in support of the Town's application for a preliminary
injunction, restraining and enjoining theDefendant fromutilizing the Premises known as 84 Libby
Lane, Pawling, New York 12564, Tax Map Section 7057 Block 00 and Lot 190695 (the
"Premises") without an approved site plan from the Town of Pawling Planning Board
("Planning
Board").
4. The Town of requires that site plan approval be granted
first
by the Pawling
Planning Board for any proposed commercial uses within the Town.
1
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FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024
5. The site plan application process requires, among other things, an environmental
review under the State Environmental
Quality Review Act (SEQRA), to assess any potentially
adverse environmental effects of the proposed activities to be conducted on the site.
6. The Defendant's last appearance in front of the Pawling Planning Board was on
February 21, 2023. See Plaintiff's Exhibit "17" for a copy of the February 21, 2023,
Planning
Board minutes.
7. On March 26th, 2024, I personally observed the Premises, I saw that
whereby the
Defendant and its tenants were occupying the Premises in violation of CODEOFTHETOWN
the OF
PAWLrNG
§ 215-15 and § 215-47(A), as none of theuses have been permitted via site plan approval.
Copies of CODEOFTHE TOWN
OF PAWLING§ 215-15 and § 215-47(A) are reproduced within
Plaintiff's Exhibit "23".
8. Additionally, on March 26th, 2024, I personally observed multiple commercial
trailers in place, one of which looked to be used as an office since a passage door exists along one
wall, also in violation of CODEOFTHETOWN
OFPAWUNG
§ 215-13, a copy of which is reproduced
within Plaintiff's Exhibit "23".
9. Upon my knowledge of the Town's roads, and in conjunction with statements made
previously by the Defendant with myself present, trucks leave the Premises from Libby Lane to
Corbin Road to access NYSRoute 22. Additionally, trucks enter the Premises from NYSRoute
22 to Corbin Road to Libby Lane. With regards to the intersection of Corbin Road and NewYork
State Route 22, the angle of the intersection is not conducive to truck traffic, particularly with the
amount of truck traffic because of the Defendant and its tenants' actions on the Premises. Refer to
Plaintiff's Exhibit "17" for an aerial showing the intersection between Corbin Road and NYS
Route 22.
2
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FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024
10. Trucks going to the Defendant'sPremises should not come north on NYSRoute22
and turn left onto Corbin Road. Similarly, trucks coming from the Defendant's Premises should
not turn right from Corbin Road onto NYSRoute 22 heading south.
11. Due to the angle of the intersection, and the amount of traffic on NYSRoute 22,
tenants'
the Defendant and its operation of the Premises pose a risk to the public at large.
12. Based upon my knowledge and experience, the Defendant'suse ofthe Premises for
an unauthorized tree contracting as well as the Defendant's tenants'
business, various commercial
uses, irresponsibly places the public at large in jeopardy and at risk of potential and irreparable
harm, in particular since the Planning Board has not obtained enough information from the
Defendant to even makea SEQRA
determination.
13. Accordingly, the Defendant and its tenants should be immediately restrained and
enjoined from engaging in such activity.
g RONALD
J. GAI ER, P.E.
Swomto before methis ___
day of May 2024.
Notary Public
BRENDAN HNLIBERATI
NOTARYPUBUC,STATEOFNEW
YORK
No. 05Li0002213
Registration
Putnam County
Qualified in
Commission Expires March 3,20- ..
3
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FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024
I hereby certify that the word count of this Complaint complies with the word limits of 22 New
York Codes, Rules and Regulations § 202.8-b. According to the word-processing system used to
prepare this affidavit, the total word count for all printed text exclusive of the caption, title, and
signature block is 635 words.
Brendan Liberati
4
4 of 4
Document Filed Date
May 13, 2024
Case Filing Date
May 13, 2024
Category
Special Proceedings - Other (N.Y. C.P.L.R. 6311)
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Preview
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024 SUPREMECOURTOFTHESTATE OF NEWYORK COUNTYOFDUTCHESS ------------------- -- --- ---______ ___------------------Ç TOWNOFPAWLING Plaintif Index No. -against- AFFIDAVIT WOOD TREMSON PRODUCTS LLC, Defendant. --------------------- ---..____---______---___-------------------x STATEOF NEWYORK ) ) ss.: COUNTYOFDUTCHESS) RONALDJ. GAINERP.E., being duly swom, deposes and says: 1. I amthe Town Engineer for the Town of Pawling, NewYork ("Town"), and have personal knowledge of the facts set forth herein. 2. I have been a licensed Professional Engineer in New York ("P.E.") State since 1976. I originally served as the Town Engineer for the Town of Pawling between 1988 through 2012 and have been most as the Town Engineer recently serving in Pawling since 2022. 3. I submit this affidavit in support of the Town's application for a preliminary injunction, restraining and enjoining theDefendant fromutilizing the Premises known as 84 Libby Lane, Pawling, New York 12564, Tax Map Section 7057 Block 00 and Lot 190695 (the "Premises") without an approved site plan from the Town of Pawling Planning Board ("Planning Board"). 4. The Town of requires that site plan approval be granted first by the Pawling Planning Board for any proposed commercial uses within the Town. 1 1 of 4 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024 5. The site plan application process requires, among other things, an environmental review under the State Environmental Quality Review Act (SEQRA), to assess any potentially adverse environmental effects of the proposed activities to be conducted on the site. 6. The Defendant's last appearance in front of the Pawling Planning Board was on February 21, 2023. See Plaintiff's Exhibit "17" for a copy of the February 21, 2023, Planning Board minutes. 7. On March 26th, 2024, I personally observed the Premises, I saw that whereby the Defendant and its tenants were occupying the Premises in violation of CODEOFTHETOWN the OF PAWLrNG § 215-15 and § 215-47(A), as none of theuses have been permitted via site plan approval. Copies of CODEOFTHE TOWN OF PAWLING§ 215-15 and § 215-47(A) are reproduced within Plaintiff's Exhibit "23". 8. Additionally, on March 26th, 2024, I personally observed multiple commercial trailers in place, one of which looked to be used as an office since a passage door exists along one wall, also in violation of CODEOFTHETOWN OFPAWUNG § 215-13, a copy of which is reproduced within Plaintiff's Exhibit "23". 9. Upon my knowledge of the Town's roads, and in conjunction with statements made previously by the Defendant with myself present, trucks leave the Premises from Libby Lane to Corbin Road to access NYSRoute 22. Additionally, trucks enter the Premises from NYSRoute 22 to Corbin Road to Libby Lane. With regards to the intersection of Corbin Road and NewYork State Route 22, the angle of the intersection is not conducive to truck traffic, particularly with the amount of truck traffic because of the Defendant and its tenants' actions on the Premises. Refer to Plaintiff's Exhibit "17" for an aerial showing the intersection between Corbin Road and NYS Route 22. 2 2 of 4 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024 10. Trucks going to the Defendant'sPremises should not come north on NYSRoute22 and turn left onto Corbin Road. Similarly, trucks coming from the Defendant's Premises should not turn right from Corbin Road onto NYSRoute 22 heading south. 11. Due to the angle of the intersection, and the amount of traffic on NYSRoute 22, tenants' the Defendant and its operation of the Premises pose a risk to the public at large. 12. Based upon my knowledge and experience, the Defendant'suse ofthe Premises for an unauthorized tree contracting as well as the Defendant's tenants' business, various commercial uses, irresponsibly places the public at large in jeopardy and at risk of potential and irreparable harm, in particular since the Planning Board has not obtained enough information from the Defendant to even makea SEQRA determination. 13. Accordingly, the Defendant and its tenants should be immediately restrained and enjoined from engaging in such activity. g RONALD J. GAI ER, P.E. Swomto before methis ___ day of May 2024. Notary Public BRENDAN HNLIBERATI NOTARYPUBUC,STATEOFNEW YORK No. 05Li0002213 Registration Putnam County Qualified in Commission Expires March 3,20- .. 3 3 of 4 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/13/2024 I hereby certify that the word count of this Complaint complies with the word limits of 22 New York Codes, Rules and Regulations § 202.8-b. According to the word-processing system used to prepare this affidavit, the total word count for all printed text exclusive of the caption, title, and signature block is 635 words. Brendan Liberati 4 4 of 4