Preview
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024
Hogan, Rossi & Liguori, 3 Starr Ridge Road, Suite 200, Brewster, New York
10509, (845) 279-2986
PLAINTIFF’S
EXHIBIT “18”
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024
o TOWNOF
PAWLING 160 COLMAN
CHARLES
PLANNINGBOARD BLVD.
PAWLING,NY12564
George Brehm, Chairman TEL: 855-0959
(845)
Dr. ThomasBloom
FAX: (845) 855-0980
1788 Gregory Bernard
Aaron Cioppa
Jay Erickson
Mark Friedman
Stephen Jobe
May 9, 2023
Mr. Tyler Tremblay
Tremson Wood Products, LLC
21 Branch Road
Brewster, NewYork 10509
RE: Tremson Site Plan; Libby Lane
Dear Mr. Tremblay:
At the recent public hearing held on the above matter, significant comments were offered which the
Board will require the applicant to formally respond to so as assure that these concerns are
properly
mitigated. Provided below is a listing of these concerns recorded
by the Board, for your review and
response.
NoiseImpacts
" Noise represented a significant area those who spoke at the hearing. There are
of concern to
various residential properties
proximity in While it is acknowledged that a noise study
to the site.
has been performed by Tremson's consultant, this only addressed the site's western
property line.
It did not, in a comprehensive
fashion, investigate other property boundaries or noise propagation
on the adjacent residential properties lying along River Road, Libby Lane or Corbin
Road, as well
as the eastern boundary. Noise readings should be obtained
along all such areas of the site.
" Wasany sound mitigation or silencers utilized on Tremson's equipment
during the noise testing
performed? Could silencers be installed on this equipment to noise levels?
help mitigate
TmckTraMc
" Truck traffic coming into and out Libby Lane via Corbin Road and Route 22 was a concern raised
by many. Fully loaded tractor-trailers reportedly can't negotiate the Corbin Road/NYS Route 22
intersection, and so could create a dangerous situation for other users of the roadway. It was also
questioned whether other potential area roads (River Road, for
example) are able to withstand
increased tractor trailer traffic. The number of trucks which could enter and exit Tremson's
property on a daily basis, including the other renters on the property, should be confirmed. A
discussion/evaluation of the routes such vehicles utilize should be confirmed, as well.
" This should include confirmation as to when the trucking company now on the site first occupied
the property, and the amount of increased vehicular traffic which now enter and exit the
site on a
daily basis from their operations.
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024
Mr. Tyler Tremblay
May 9, 2023
Page 2
RE: Tremson Wood Products, LLC; Libby Lane
Tamson's she opemdons, equipment in piam, and possible dranges in use
" Tremson's current equipment (make, model, manufacturer,
age) which operates at the site should
be confirmed. Additionally, the site's current hours of operation, for both weekdays and
weekends, should be confirmed, so that, once accepted by the Town, can be denoted on clearly
the Site Plan.
" Aerial photos presented at the hearing give the impression that various changes to the site have
occurred since the time of Tremson's purchase of the property, land clearing and
including
expansion of uses occurring on the site. This included much tree on the west side of the
clearing
property, which would affect area noise levels. Tremson should provide explanation as to what
activities have occurred at the site since they purchased the property which relate to the photos
presented.
" Tremson has stated that their
activities are a continuation of what has historically occurred at the
site by prior entities who previously occupied the property. It is acknowledged that Tremson has
performed clean-up/removal of various debris and trucks formerly on the site. Since you have
stated that that the site operations have not changed since you've occupied the
materially
property, please provide confirmation, to the extent that you can, of the nature and extent of these
earlier site operations and their continuation during your ownership.
" In reviewing the Town's files on the property, it is noted that an earlier site plan submitted in 2014
differs greatly from the one submitted in 2022. Yet, you have advised that you are not
proposing
any changes from what has existed at the site as long as they've owned the site. Please explain
the differences between the site plans filed with the Town.
" Has Tremson's site activities expanded into other areas of the site over the time of their
ownership, creating adverse impacts to area wildlife, or reduced available habitat?
Applicable NYSDECmguiations and inspecdons
" Please confirm NYSDEC's Mulch Treatment Facility regulations that govern wood
mulching
operations applicable to your operations, and why the site has been described as "exempt".
Has
this exemption ever been confirmed in writing?
" It was reported that NYSDECstandards
mulch processing facilities
for mandate that they be 200
feet from wetland true, and what buffers are provided by your site operations?
buffers. Is this
" Whendid the NewYork Department of Environmental Conservation
(NYSDEC) last flag the
wetlands?
" Does NYSDEC
inspect the site? if so, when is this done on a specified annual or bi-annual
basis?
Village of Pawling municipal water s ystem concems
" As the Tremson site surrounds an active Village of
Pawling municipal well, has the Village ever
raised any concerns over Tremson's activities which are occurring on the property? Are there
any constituents in the wood products processed which could leach into the groundwater beneath
the site?
" The satisfactory operation of fire hydrants along Libby Lane has been questioned. this
If true,
should be reported to the Village of Pawling Water Department and the Fire Marshall?
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024
Mr. Tyler Tremblay
May 9, 2023
Page 3
RE: Tremson Wood Products, LLC; Libby Lane
VisualImpacts
" While a berm exists along the westerly there are other adjacent
property line, residences which
reportedly have a clear line of sight into the property. It would appear appropriate that visual
screening also be provided to minimize visual impacts for these adjoiners from Tremson's site
activities.
LibbyLaneroe6vay
" If not done previously, please provide a copy of the Libby Lane
roadway maintenance agreement.
Healifs,Safet³andWelfare
" As it is recognized that mulch piles can build up heat and spontaneously catch fire, what plans are
in place in case of a fire at the site?
" Question was raised over the possible dyeing of mulch products onsite. Is this activity
occurring
at present? If so, during what times and duration has this occurred, and could such products or
waste materials leach out into the environment?
" The health, welfare and safety impacts from increased truck trafficfrom West Dover Road to
Libby Lane on area residents and children who may also be using these roadways should be
addressed.
The Planning Board appreciates your efforts to obtain formal approval of your operations on the
site,
looks forward of your responses to each of the issues raised above.
to receipt
Additionally, please make
arrangements to permit the Town Code Enforcement Officer to visit the site so that
additional noise
readings along the site's boundaries and at properties can be
nearby obtained, as discussed in my recent
May 4, 2023 letter.
Should you have any questions on any of these please don't hesitate to contact Ms. JoAnne
matters,
Daley, Planning Board Secretary, or Ronald J. Gainer, PE, the Board's
engineering consultant.
Sincerely,
George Brehm, Chairman
cc: JoAnne Daley, Planning Board Secretary
Michael T. Liguori, Esq.
Ronald J. Gainer, PE
Preview
FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024 Hogan, Rossi & Liguori, 3 Starr Ridge Road, Suite 200, Brewster, New York 10509, (845) 279-2986 PLAINTIFF’S EXHIBIT “18” FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024 o TOWNOF PAWLING 160 COLMAN CHARLES PLANNINGBOARD BLVD. PAWLING,NY12564 George Brehm, Chairman TEL: 855-0959 (845) Dr. ThomasBloom FAX: (845) 855-0980 1788 Gregory Bernard Aaron Cioppa Jay Erickson Mark Friedman Stephen Jobe May 9, 2023 Mr. Tyler Tremblay Tremson Wood Products, LLC 21 Branch Road Brewster, NewYork 10509 RE: Tremson Site Plan; Libby Lane Dear Mr. Tremblay: At the recent public hearing held on the above matter, significant comments were offered which the Board will require the applicant to formally respond to so as assure that these concerns are properly mitigated. Provided below is a listing of these concerns recorded by the Board, for your review and response. NoiseImpacts " Noise represented a significant area those who spoke at the hearing. There are of concern to various residential properties proximity in While it is acknowledged that a noise study to the site. has been performed by Tremson's consultant, this only addressed the site's western property line. It did not, in a comprehensive fashion, investigate other property boundaries or noise propagation on the adjacent residential properties lying along River Road, Libby Lane or Corbin Road, as well as the eastern boundary. Noise readings should be obtained along all such areas of the site. " Wasany sound mitigation or silencers utilized on Tremson's equipment during the noise testing performed? Could silencers be installed on this equipment to noise levels? help mitigate TmckTraMc " Truck traffic coming into and out Libby Lane via Corbin Road and Route 22 was a concern raised by many. Fully loaded tractor-trailers reportedly can't negotiate the Corbin Road/NYS Route 22 intersection, and so could create a dangerous situation for other users of the roadway. It was also questioned whether other potential area roads (River Road, for example) are able to withstand increased tractor trailer traffic. The number of trucks which could enter and exit Tremson's property on a daily basis, including the other renters on the property, should be confirmed. A discussion/evaluation of the routes such vehicles utilize should be confirmed, as well. " This should include confirmation as to when the trucking company now on the site first occupied the property, and the amount of increased vehicular traffic which now enter and exit the site on a daily basis from their operations. FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024 Mr. Tyler Tremblay May 9, 2023 Page 2 RE: Tremson Wood Products, LLC; Libby Lane Tamson's she opemdons, equipment in piam, and possible dranges in use " Tremson's current equipment (make, model, manufacturer, age) which operates at the site should be confirmed. Additionally, the site's current hours of operation, for both weekdays and weekends, should be confirmed, so that, once accepted by the Town, can be denoted on clearly the Site Plan. " Aerial photos presented at the hearing give the impression that various changes to the site have occurred since the time of Tremson's purchase of the property, land clearing and including expansion of uses occurring on the site. This included much tree on the west side of the clearing property, which would affect area noise levels. Tremson should provide explanation as to what activities have occurred at the site since they purchased the property which relate to the photos presented. " Tremson has stated that their activities are a continuation of what has historically occurred at the site by prior entities who previously occupied the property. It is acknowledged that Tremson has performed clean-up/removal of various debris and trucks formerly on the site. Since you have stated that that the site operations have not changed since you've occupied the materially property, please provide confirmation, to the extent that you can, of the nature and extent of these earlier site operations and their continuation during your ownership. " In reviewing the Town's files on the property, it is noted that an earlier site plan submitted in 2014 differs greatly from the one submitted in 2022. Yet, you have advised that you are not proposing any changes from what has existed at the site as long as they've owned the site. Please explain the differences between the site plans filed with the Town. " Has Tremson's site activities expanded into other areas of the site over the time of their ownership, creating adverse impacts to area wildlife, or reduced available habitat? Applicable NYSDECmguiations and inspecdons " Please confirm NYSDEC's Mulch Treatment Facility regulations that govern wood mulching operations applicable to your operations, and why the site has been described as "exempt". Has this exemption ever been confirmed in writing? " It was reported that NYSDECstandards mulch processing facilities for mandate that they be 200 feet from wetland true, and what buffers are provided by your site operations? buffers. Is this " Whendid the NewYork Department of Environmental Conservation (NYSDEC) last flag the wetlands? " Does NYSDEC inspect the site? if so, when is this done on a specified annual or bi-annual basis? Village of Pawling municipal water s ystem concems " As the Tremson site surrounds an active Village of Pawling municipal well, has the Village ever raised any concerns over Tremson's activities which are occurring on the property? Are there any constituents in the wood products processed which could leach into the groundwater beneath the site? " The satisfactory operation of fire hydrants along Libby Lane has been questioned. this If true, should be reported to the Village of Pawling Water Department and the Fire Marshall? FILED: DUTCHESS COUNTY CLERK 05/13/2024 03:13 PM INDEX NO. 2024-51994 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 05/13/2024 Mr. Tyler Tremblay May 9, 2023 Page 3 RE: Tremson Wood Products, LLC; Libby Lane VisualImpacts " While a berm exists along the westerly there are other adjacent property line, residences which reportedly have a clear line of sight into the property. It would appear appropriate that visual screening also be provided to minimize visual impacts for these adjoiners from Tremson's site activities. LibbyLaneroe6vay " If not done previously, please provide a copy of the Libby Lane roadway maintenance agreement. Healifs,Safet³andWelfare " As it is recognized that mulch piles can build up heat and spontaneously catch fire, what plans are in place in case of a fire at the site? " Question was raised over the possible dyeing of mulch products onsite. Is this activity occurring at present? If so, during what times and duration has this occurred, and could such products or waste materials leach out into the environment? " The health, welfare and safety impacts from increased truck trafficfrom West Dover Road to Libby Lane on area residents and children who may also be using these roadways should be addressed. The Planning Board appreciates your efforts to obtain formal approval of your operations on the site, looks forward of your responses to each of the issues raised above. to receipt Additionally, please make arrangements to permit the Town Code Enforcement Officer to visit the site so that additional noise readings along the site's boundaries and at properties can be nearby obtained, as discussed in my recent May 4, 2023 letter. Should you have any questions on any of these please don't hesitate to contact Ms. JoAnne matters, Daley, Planning Board Secretary, or Ronald J. Gainer, PE, the Board's engineering consultant. Sincerely, George Brehm, Chairman cc: JoAnne Daley, Planning Board Secretary Michael T. Liguori, Esq. Ronald J. Gainer, PE