On May 13, 2024 a
Exhibit,Appendix
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. 15 RECEIVED NYSCEF: 05/13/2024
Hogan, Rossi & Liguori, 3 Starr Ridge Road, Suite 200, Brewster, New York
10509, (845) 279-2986
PLAINTIFF’S
EXHIBIT “5”
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/13/2024
Stormwater Management Consultants, Inc.
January 14, 2014
Mr. George Brehm, Chairman and
Membersof the Planning Board
Town of Pawling
160 Charles Colman Boulevard
Pawling, NewYork 12564
Re: Tremblay
Libby Lane
- Town of Pawling Tax Grid ID
# - 134089-7057-00-210557
Tax Grid ID - 134089-7055-00-190695
Dear Chairman Brehmand Membersof the Planning Board:
Subject parcels are located on Libby Lane in the Town of Pawling and contains approximately 8.85 acres and
26.87 acres respectively in the V RD(Variable Residential Development) Zoning District.
Subject parcels are also located in the Ten Mile River Watershed Overlay Zone and encumbered by a
designated NYSDEC Freshwater Wetland, DP-22 and a one-hundred ( 100) year flood plain.
A site inspection of subject parcels was conducted on January 10, 2014 by this office, the Town Planning
Board Chairman, the TownCodeEnforcement Officer and the Applicant for purposes of observing the area of
disturbance and discussion with the Applicant as to their future intent for use of the property. Said site
inspection was a follow-up site inspection conducted by this office and the Town Planning Board Chairman
conducted on September 18. 2013.
Although there was light snow cover at the date and time of the January 10. 2014 site inspection, it was
observed that additional site work has been conducted from the previous site inspection conducted on
September18, 2013. Based upon our observations at the January 10. 2014 site inspection. it was determined
that an area greater than 20,000 square feet. but less than one (1) acre of land has been disturbed.
Given subject parcels are located in the Ten Mile River Watershed Overlay Zone and an area exceeding
20,000 square feet of land has been disturbed. a Stormwater Pollution Prevention
Plan (SWPPP)is required to
be submitted as per § 1 71-5.(5) of the Code of the Town of Pawling "Stormwater. Soil Erosion and Sediment
Control".
P.O.Box 202, LaGrangeville. NewYork 12540
Phone 845-462-0022 " Fax 845-462-0033
w.artus@verizon.net 1
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/13/2024
Ordinance"
Therefore, the Applicant to immediately submit an "Application
is directed for Environmental in
accordance with. and for compliance with § 171 "Stormwater, Soil Erosion and Sediment
More specifically, said application shall be submitted in accordance with §l 71-8, "Application
Requirements". Also, in addition to the application requirements as set forth in § 171-8, the Applicant shall
provide a detailed written narrative of the proposed ongoing and future use of the site.
As per the directive
to the Applicant by the Planning Board at the July 1, 2013 Planning Board meeting. the
Applicantshall also submit a Site Plan to the Planning Board in accordance with §215-47 of the Code of the
Town of Pawling, "Site Plan Approval". The Site Plan and accompanying documentation shall be submitted to
the Planning Board within sixty (60) days of the date of this memorandum.
It is noted given the excessive amount of land on the site that is encumbered by NYSDEC Freshwater Wetland
DP-22, any existing or proposed intrusion into said wetland or its associated one-hundred ( 1 00) foot controlled
area will require a Freshwater Wetland Permit from the NYSDEC in addition to a Town of Pawling "Application
Ordinance"
for Environmental in accordance with § I I I of the Code of the Town of Pawling. "Freshwater
Wetlands and Watercourse Protection".
It is further noted that without the benefit of an Environmental Permit in accordance with § 1 71, "Stormwater,
Control"
Soil Erosion and Sediment and Site Plan approval in accordance with §2 15-47, the Applicant is
risk"
currently operating "at their own as existing site activities are in violation of § 171 "Stormwater, Soil
Erosion and Sediment Control", and the Applicant has neglected to submit a Site Plan Approval application as
per the directive of the Planning Board.
Please feel free to contact me directly at (845)-462-0022 if you have any questions or concerns.
Sincerely.
Walter R. Anus, CPESC,CMS4S
Principal
cc: JoAnneDaley, Planning Board Secretary
TomCorrao, CEO. SMO
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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FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/13/2024 Hogan, Rossi & Liguori, 3 Starr Ridge Road, Suite 200, Brewster, New York 10509, (845) 279-2986 PLAINTIFF’S EXHIBIT “5” FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/13/2024 Stormwater Management Consultants, Inc. January 14, 2014 Mr. George Brehm, Chairman and Membersof the Planning Board Town of Pawling 160 Charles Colman Boulevard Pawling, NewYork 12564 Re: Tremblay Libby Lane - Town of Pawling Tax Grid ID # - 134089-7057-00-210557 Tax Grid ID - 134089-7055-00-190695 Dear Chairman Brehmand Membersof the Planning Board: Subject parcels are located on Libby Lane in the Town of Pawling and contains approximately 8.85 acres and 26.87 acres respectively in the V RD(Variable Residential Development) Zoning District. Subject parcels are also located in the Ten Mile River Watershed Overlay Zone and encumbered by a designated NYSDEC Freshwater Wetland, DP-22 and a one-hundred ( 100) year flood plain. A site inspection of subject parcels was conducted on January 10, 2014 by this office, the Town Planning Board Chairman, the TownCodeEnforcement Officer and the Applicant for purposes of observing the area of disturbance and discussion with the Applicant as to their future intent for use of the property. Said site inspection was a follow-up site inspection conducted by this office and the Town Planning Board Chairman conducted on September 18. 2013. Although there was light snow cover at the date and time of the January 10. 2014 site inspection, it was observed that additional site work has been conducted from the previous site inspection conducted on September18, 2013. Based upon our observations at the January 10. 2014 site inspection. it was determined that an area greater than 20,000 square feet. but less than one (1) acre of land has been disturbed. Given subject parcels are located in the Ten Mile River Watershed Overlay Zone and an area exceeding 20,000 square feet of land has been disturbed. a Stormwater Pollution Prevention Plan (SWPPP)is required to be submitted as per § 1 71-5.(5) of the Code of the Town of Pawling "Stormwater. Soil Erosion and Sediment Control". P.O.Box 202, LaGrangeville. NewYork 12540 Phone 845-462-0022 " Fax 845-462-0033 w.artus@verizon.net 1 FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 05/13/2024 Ordinance" Therefore, the Applicant to immediately submit an "Application is directed for Environmental in accordance with. and for compliance with § 171 "Stormwater, Soil Erosion and Sediment More specifically, said application shall be submitted in accordance with §l 71-8, "Application Requirements". Also, in addition to the application requirements as set forth in § 171-8, the Applicant shall provide a detailed written narrative of the proposed ongoing and future use of the site. As per the directive to the Applicant by the Planning Board at the July 1, 2013 Planning Board meeting. the Applicantshall also submit a Site Plan to the Planning Board in accordance with §215-47 of the Code of the Town of Pawling, "Site Plan Approval". The Site Plan and accompanying documentation shall be submitted to the Planning Board within sixty (60) days of the date of this memorandum. It is noted given the excessive amount of land on the site that is encumbered by NYSDEC Freshwater Wetland DP-22, any existing or proposed intrusion into said wetland or its associated one-hundred ( 1 00) foot controlled area will require a Freshwater Wetland Permit from the NYSDEC in addition to a Town of Pawling "Application Ordinance" for Environmental in accordance with § I I I of the Code of the Town of Pawling. "Freshwater Wetlands and Watercourse Protection". It is further noted that without the benefit of an Environmental Permit in accordance with § 1 71, "Stormwater, Control" Soil Erosion and Sediment and Site Plan approval in accordance with §2 15-47, the Applicant is risk" currently operating "at their own as existing site activities are in violation of § 171 "Stormwater, Soil Erosion and Sediment Control", and the Applicant has neglected to submit a Site Plan Approval application as per the directive of the Planning Board. Please feel free to contact me directly at (845)-462-0022 if you have any questions or concerns. Sincerely. Walter R. Anus, CPESC,CMS4S Principal cc: JoAnneDaley, Planning Board Secretary TomCorrao, CEO. SMO