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Planning Board Minutes 07/05/05

TOWN OF PAWLING PLANNING BOARD                                                                                           
July 05, 2005 Page  1  

Kent Johnson, Chairman               
John Daniels  
Ray Henderson                                                
B.J. Yankowich                                            
Kathy Greiner                                                  
Marion Nash
Phil DeRosa
John Daniels

Gyimesi & Katz
Tim Rooney
Getaway LLC
Cushman Farms

               Ronald Gainer, Town Engineer
               Norman Benson, Planner/Environmental Director

GYIMESI & KATZ                              Time Extension/ Bundy Hill Road

        Chairman Johnson read a letter dated June 28, 2005 from Zarecki & Associates requesting a six-month time extension, bringing the date to December 28, 2005.  The request is being made due to the fact that co-applicant has not signed the required Mylar.  The applicant is awaiting preparation and execution of a contract of sale.
        Motioned by Mr. Daniels to grant the applicant a time extension to December 28, 2005 as requested.
        Seconded by Mrs. Yankowich.  All were in favor and the motioned carried.

TIM ROONEY                               me Extension/South Quaker Hill Road

        Chairman Johnson read a letter dated July 01, 2005 from Kellard Engineering & Consulting, P.C. requesting a six-month time extension, bringing the date January 01, 2006.  The request is being made due to the fact that the applicant is addressing comments from the Dutchess County Department of Health, which mainly pertains to additional survey information.

        Motioned By Mrs. Yankowich to grant the applicant a time extension to January 01, 2006 as requested.
        Seconded by Mr. Daniels.  All were in favor and the motioned carried.  

GETAWAY LLC                                      Paul Tudor Jones/Route 22/ Discussion

        Chairman Johnson said representatives from Getaway LLC/Paul Tudor Jones were present to discuss with the Board the plans for the property located west of Route 22 and the Town’s Highway Business District.
        Mr. Richard O’Rourke attorney from Keane & Beane P.C., Michael Mitchell, and Skip Sheldon biologists, Roy Paulson manager of Quaker Valley Farms, Brian McGrath from Prudential Serl’s were present.
        Mr. Richard O’Rourke began by informing the Board of Mr. Tudor’s plans for the 513+ acres located on Route 22 in the agricultural district.  Paul Tudor Jones owns Quaker Valley Farm and has done considerable improvements on the property.  He plans to revitalize the Route 22 property, with the expertise of Michael Mitchell, an aquatic biologist from Colorado, and Skip Sheldon from Tennessee to develop a wildlife habitat and agricultural food support project.  The parcel is agricultural and is exempt from Planning Board approval; the applicant would need to get approvals from the Army Corp of Engineers, New York City Department of Protection, New York State Environmental Conservation.   Nevertheless, Mr. Jones wanted to keep the Board apprised of his plans for the property.
        Mr. Mitchell said he has been researching this area for one year.  The primary goal of the project is to allow agricultural renovation to enhance and optimize the use of the property for wildlife and agricultural production.  The property borders the Great Swamp and East Branch Croton River.  Commercial Development or homes is not a part of the project.  The production of food grown would be corn, millet, soybean, milo and clover.  The applicant owns Quaker Valley Farms, a deer farm business.  A large portion of the grains grown is for the deer farm located on Quaker Hill.  The project would monitor white tail deer, wild turkeys, woodcock, and snipe.  In each agricultural area renovation improvements would incur to restore dilapidated soil areas to produce higher crop production.  Once the season’s crops are harvested the largest area of land would be utilized for water management.  Low 2-4 feet high ferns will be constructed around the ponds, as a food source for waterfowl.  Moist soil management includes reservoir of native green trees and shrubs.  These areas are sustained through out the waterfowl migration period.  All seasonal areas are to be tilled and replanted each year for soil management.  Several ponds would be installed. A 50-foot right a way easement exits off of Route 22 to be used as a temporary access road.  In the later stages of the project a permanent road located west of Route 22 is proposed.  Boardwalks to access the great swamp are to be constructed.  The applicant plans to grant a limited amount of hunting by permission.
        Mrs. Nash asked what crops are for the wildlife?
        Mr. Mitchell said the waste crops.
        Mr. Paulson said an agreement with Steven Kessman from Kessman Farm Market has been arranged.  Mr. Kessman plans to utilize the land to plant crops on the improved soils.  After the crops are harvested the impoundment areas are flooded for wildlife enhancement.
        Mr. Mitchell said approximately September 10, of every year the process of flooding the impoundment areas will begin and last throughout freeze up, when the water cannot be managed.
        Chairman Johnson asked if the applicant plans to install fencing?
        Mr. Paulson replied, no.
        Chairman Johnson asked if any new buildings would be constructed?
        Mr. Mitchell said a conservation easement exists on this property.  The Easement would permit limited building construction.  It consists of five sites, for a house with guesthouse totaling 25,000 square feet.  Then we have 30,000 square feet for pertinent agricultural housing.  On Thursday July 7, 2005 a meeting is scheduled with the Dutchess Land Conservancy (DLC), who holds the conservation easement to review the plan.  There are assurances we have to receive by them in order to move forward.    
        Mr. Paulson said the projected building of 30,000 square feet is for a pole barn to house the farm equipment.   The purchase of the property from Mr. Hettinger did not include an equipment building.
        Mr. Mitchell said there are several dilapidated structures on the 217+ acres parcel to the North.
        Chairman Johnson asked if the main house on the North side of the property would be renovated.
        Mr. Paulson said they have not evaluated the house yet.  It would depend on its structural condition, and history before a determination is made to save or demolish the house.
        Mrs. Nash asked about the guesthouse?
        Mr. Mitchell said in the easement each house to be allowed lists a guesthouse.  In the footprint of the buildable lot, the total can only be 25,000 square feet.
        Mr. Gainer asked if the conservation easement is now in place.  Further, does the easement encompass the entire holding being discussed?
        Mr. Mitchell replied, no.  The 102 + acres parcel encompasses the conservation easement.  The existing 203.6+ and 207+ acre parcels do not have a conservation easement, they were purchased separately.

        Mr. O’Rourke said he remembers another developer proposing to develop the parcel to the North.
        Chairman Johnson said over the years a number of applicants came before the Board proposing developments from shopping centers to senior citizen housing.
        Chairman Johnson said since the property is in an agricultural district, the applicant would only need to file for building permits.
        Mr. O’Rourke replied, yes.
        Mr. Gainer asked if the five houses proposed come under the agricultural use?  
        Mr. O’Rourke said the whole use of the property is strictly agricultural use.
        Mr. Paulson said Paul Tudor Jones has never mentioned any plan use of the property for development.
        Mr. DeRosa asked if houses are built on the 207 + acres are they for people to stay in while hunting?  If so, is agricultural use part of this housing?
        Mr. O’Rourke said no decision have been made to build any of the houses and guest cottages permitted by the Conservation Easement.  Paul Tudor Jones intentions are only agricultural use that would provide wildlife enhancement.  In most zones agricultural use is a principal permitted use; on that basis the Planning Board has no jurisdiction on placement of crops.  The applicant merely wanted to notify the Board of his intended plans for the land.
        Mr. Henderson asked if there is any risk to the Great Swamp from what is being proposed?
        Mr. Sheldon said the project expands the Great Swamp by having brood ponds for nesting waterfowl during spring and fall migration.  Species of ducks like the wood duck, come back to the same place each year to nest.   The site expansion would support security and food for waterfowl and wildlife, while monitoring all aspects of activities.
        Mr. Sheldon said the project has to follow strict State guidelines to monitor all pesticides and fertilizer’s used on the fields.  The goal is not pump up the fields with fertilizers but to manage with the latest technology.  
        Mrs. Nash asked if educational tours would be offered to local schools?
        Mr. Paulson said the applicant supports the idea.
        Mrs. Nash said there has been a problem with over population of geese in the area.  What happens if the habitat draws more geese than other waterfowl?
        Mr. Mitchell said the project should take geese away from local golf courses, as available food source would be produced on the property.  Geese go to these locations to feed.
        Mr. Daniels has concerns with contamination into the Great Swamp?
        Mr. Mitchell said they must follow all direction on pesticides, NYC, NYSDEC and EPA rules and regulations.
        Mr. DeRosa said to all the parties involved he wished them all good luck.   He felt that the project would benefit the Great Swamp; it is a pleasure not to see the land being developed.
        Mr. O’Rourke said he plans to submit a letter to the Planning Department on behalf of the applicant stating all goals and use of the property.  Paul Tudor Jones reputation has been to work directly with the Town.
        Chairman Johnson thanked all the parties involved for coming in this evening.  The Board felt is was a pleasure to learn the intention of this project.

CUSHMAN FARMS                                 Bond Reduction/Public Hearing

        Chairman Johnson read the public notice.
        No one was present representing Cushman Farms.  A fax was sent dated July 01, 2005 from Michael Pelczar the applicant representative.  Cushman Farms was in agreement with the Performance Bond reduction, presented in the Dufresne-Henry letter dated June 24, 2005 (attached).
        Chairman Johnson said Dufresne-Henry submitted a letter stating the bond could be reduced from $998,000 to $350.000.

        Chairman Johnson opened the public hearing.
        There were no comments from the audience.
        Chairman Johnson closed the public hearing.

        Motioned by Mrs. Yankowich to recommend that the Town Board reduce the performance bond for Cushman Farms from $998,000 to $350.000 as stated in the June 24, 2005 Dufresne-Henry review letter.
        Seconded by Mr. Daniels.  All were in favor and the motioned carried.

HANNAFORDS                           Discussion on Subsurface Wastewater Disposable System

        Chairman Johnson said The Planning Board received a Letter from Hannaford’s Supermarket dated June 15, 2005 requesting the Town of Pawling be lead agency for their plans to reconstruct the Subsurface Waste Water Disposal System at Hannaford’s Supermarket site at the corner of Route 22 and Akindale Road.
        Mr. Gainer said that he had previously received a copy of this request from the applicant’s representatives.  As a result, his staff made a review of the prior Site Plan application processed in 2002 by the Planning Board.  It was determined from a review of Dufresne-Henry’s files that the applicant clearly made their intentions known about the plans to reconstruct the on-site subsurface sanitary disposal system as part of the overall site work planned for the front parking area, islands and lighting improvements proposed.  At that time, upon evaluating the Site Plan proposal, he has confirmed that the Planning Board previously issued a negative SEQRA declaration on April 15, 2002.   It is his view that this prior SEQRA action should suffice for this latest intended construction activity, since it was understood to be a part of the applicant’s intentions for the planned site improvements for which they received Planning Board approval.
        Chairman Johnson inquired from Mr. Gainer if the Board needs to take any action on a SEQRA for the Subsurface Waste Water disposal System?   
        Mr. Gainer said that, in his professional opinion, the Planning Board is not required to take another SEQRA action on the rehabilitation of the Subsurface Waste Water Disposal System on the site since it was previously understood to be accomplished as part of the Board’s review of the prior Site Plan application, provided that the individual Board members also have the same recollections and we have confirmed in our file review.
        In polling the Board, Chairman Johnson said that it appeared that the consensus of the Board is that the intended septic system repairs do not require any further SEQRA review since it was covered by the their SEQRA action, and therefore the Board does not have to assume lead agency status for the proposed action.

        Motioned by Mrs. Yankowich that the Planning Board is not required to take a new SEQRA action on the Subsurface Waste Water Disposal System work now planned.
        Seconded by Mrs. Greiner.  All were in favor and the motioned carried.


        Motion by Mrs. Yankowich to approve the minutes of June 20, 2005.
        Seconded by Mrs. Greiner.  All were in favor and the motioned carried.     

non-approved minutes     

                                                                Respectfully submitted,

                                                        JoAnne Daley
                                                        Recording Secretary

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Town Hall: 160 Charles Colman Blvd., Pawling, NY 12564

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