Expert Testimony
Town Consultants’ Memo on Carvel/Durst NND Pre-Application
March 30, 2010
As per the Town’s zoning regulations, the submission of a NND floating zone petition application requires that the applicant appear before the Town Board and Planning Board at a pre- application meeting. The purpose of the first meeting is to:
- solicit preliminary non-binding comments of the Town Board and Planning Board with regard to the consistency of the NND proposal with the criteria set forth in §100-28.B;
- identify any issues that would need to be addressed during the NND review process; and
- review a sketch plan that conveys conceptually the use and site improvements being proposed.
PPU Lawyer’s and Other Expert Testimony in Response to Zoning Proposal
May 15, 2009
Comments delivered to the Town Board relating to the Zoning Proposal submitted for public review. The comments center mainly around the New Neighborhood District component of the proposed law. Read the letter here.
→ Lyons Testimony on Proposed Zoning
→ Lisa Nagle of Elan Planning and Design’s Testimony
→ Mark Wildonger of Scenic Hudson’s Testimony
Scenic Hudson Report Addresses Regional Ecological Impacts
April 11, 2008
During a Friday, Feb. 29, 2008 public comment meeting before the Pine Plains (Dutchess County) Planning Board, Scenic Hudson’s Dr. Michael Klemens spoke out about the ecological impacts of the Durst housing development proposed for an important wildlife area along the Pine Plains-Milan border.
→ Regional Ecological Impacts of Massive Proposed Development Detailed in Scenic Hudson Study
Completeness, Substance and Mitigation: Clauser & Associates Report finds DEIS lacking
April 10, 2008
David Clauser and Associates were hired by Pine Plains United to address issues of overall completeness, substance and mitigation within the DEIS. His report to the Planning Board is available below.
Traffic Impact: Resource Systems Group highlights DEIS deficiencies
April 10, 2008
Pine Plains United has retained Resource Systems Group to review the completeness and substance of Chapter 11 (Transportation and Traffic) of the Carvel Property Development DEIS. The report contains important critiques and concerns that the impact of the Durst development is far greater than that conveyed in their DEIS.
Land Use and Community Character Impact: Lisa Nagle’s Report finds DEIS inconsistent with Comprehensive Plan
April 10, 2008
Lisa Nagle, of Elan Planning and Design Firm, was hired by PPU to study the Land Use and Zoning and Community and Visual Impacts chapters of the Durst DEIS. Her findings reflect and inconsistency between the DEIS and the town’s Comprehensive Plan and proposed zoning regulations, among other things. View her powerpoint presentation to the Planning Board below.
Legal Case: John Lyons’ Testimony on DEIS
April 8, 2008
John Lyons’, the lawyer representing PPU, spoke to many of the most poignant issues in the Durst DEIS on Saturday. He also provided testimony about the power of the Planning Board in the SEQR process. Download the whole document below.
John Lyons Testimony April 5, 2008
Visual Impact: Durst DEIS Photosimulations Seriously Flawed
March 20, 2008

George Janes has provided a visual impact assessment that addresses some significant flaws in the Durst DEIS. The simulation above, for instance, matches the grading plan with the building locations to provide an accurate representation of disturbed land. In the DEIS, according to Janes, Durst makes unsubstantiated assumptions in order to show little to no visual impact.
→ George Janes’ Photosimulation Critique of Durst DEIS”
Peer Review of Chapter 14 “Community Services and Fiscal Impacts”
March 20, 2008
Pine Plains United commissioned Michael N’dolo of Camoin Associates to conduct an objective peer review of Chapter 14 of the Carvel/Durst Draft Environmental Impact Statement, “Community Services and Fiscal Impacts”. Below are the Summary of Findings and a link to the entire document.
Peer Review of Chapter 14 “Community Services and Fiscal Impacts”
SUMMARY OF FINDINGS
There are a number of omissions and material errors in Chapter 14 that render it invalid. Camoin Associates finds that Chapter 14 does not meet the requirements of the Carvel DEIS Final Scoping Document because it does not accurately reflect the fiscal impacts of the proposed project. As such, Camoin Associates recommends that the Town of Pine Plains Planning Board, as Lead Agency for the Carvel DEIS:
(a) reject Chapter 14 in its current incomplete form,
(b) require that substantial revisions be made by 1133 Taconic, LLC/Landmark Land
Company, Inc. (“Project Sponsor”),
(c) ensure that such revisions are reviewed by an expert party and that the revisions
are made to the satisfaction of the Lead Agency, and
(d) provide the general public the opportunity to comment on the revised version of
Chapter 14.



