The regular monthly meeting of the Livingston Planning Board was held on February 01 2012 opened at 7:00 p.m. In attendance were Chairman Larry Hermance, Martin Schroeder, Bernie Stickles, Chip Keil, James McFarland, and Philip Schmidt. Engineer Jay Trapp. Attorney Theodore Hilscher. CEO Thomas Jacques

Absent: John Alvarez Frank Santacroce

A motion to accept the minutes of the January 04, 2012 meeting was made by Martin Schroeder and 2n by Chip Keil. All voted Aye. Motion passed unanimously.

Correspondence: None:

The hearing for Mark Eger continued a site plan application to replace 2 existing 190 feet communications towers and erect one heavy duty 190 foot tower. Mr. Eger called and requested to be deferred to the March meeting.

The Board decided to keep the hearing open and the hearing is to continue at the March meeting.

The public hearing for the site plan application Hudson Valley Creamery LLC a food processing plant to be able to process frozen curds to make cheese,. Property located 2990 Route 9 opened at 7:05.

George Schmitt, Engineer from Morris Associates, Attorney Tim Turner and Attorney Paul Freeman represented the Creamery.

Received the following:

1. Notification of neighbors and copy of the letter sent.

2. Letter from DOT - Joseph Visconti.

3. Letter from AG & Markets - Casey McCue.

4. $5,000.00 escrow check received.

Attorney Paul Freeman reviewed the project for.the Board and the public.

Engineer Schmitt reviewed the following.

1. Existing location consists of 10 to 12 aces of which the building is a small portion.

2. Meets code requirements and a site plan was submitted.

3. Location of propane tanks were moved for safety reasons.

4. AG&Market will regulate the plant(food processing). Secure a permit and inspect equipment as it arrives for manufacturing. Does the water test every 6 months

5. DOT State HGY showed the layout they need to update the curbing.

6. Entrance stays the same.

7. Replace culvert pipe clean up the area.

8. Paving will be done in April when paving plants open.

9. ENCON will monitor waste water as generated and design a system to handle it.

Public comment:

1. Bruce McCord representing Sygenta property.

   1. Use of evaporation ponds? Lagoons will no longer be used and will be seeded.

   2. Septic System? Holding tanks will be used and inspected as required.

   3. Underground fuel tanks? Yes permitted by a DEC permit inspected one year ago in January.

   4. Landscape underground drain concerned it will drain across into their property. No drain is proposed.

2. Fire Chief Joseph Jahns.

   1. Bollards not installed yet? They are ordered and will be placed when they come.

   2. Lagoons need to be filled? They will do in the Spring;

   3. Hold and haul waste? Being addressed.

3. Sue Keegan.

   1. Level of organic water will have a sub surface system (leach field) May need a treatment plant to be determined by DEC.

   2. Increase square footage of building? No.

   3. Will there be more fencing in the rear? No same as now.

4. Dave Kimble.

   1. Water amount used in the holding tank? 2200 gallons a day.

   2. Holding tank capacity? 10,000 gallons will be pumped out every 4 days

   3. Who? Where? Sub service discharge? DEC to regulate waste water.

   4. Is DOT aware of runoff from roof to ditch?

   5. Who is in charge of the project? Hudson Valley Creamery owner Apple Partners. Allen Foster leasing the property possibly purchasing it in the future.

   6. Foot Traffic daily? Answer to follow when open. Not much expected.

   7. A line needs to be capped. Discussed with CEO Jacques who will inspect it.

Attorney Turner reported the following:

1. Testing is largely completed

2. Shelves and storage completed.

3. Wrapping operation in place.

4. Engineers from France helping to get thing running.

5. Testing had some problems with the multi vacuum machine,

6. Products are quarantined for shelflife and will not be sold.

Chip Keil asked who is in charge? Apple Partners have no input in this operation, only to lease the land and building. Hudson Valley LLC and Coturier N American LLC marketing are in charge and have the option to purchase the property.

James McFarland asked what will happen to offsite water? It can be brought to an approved site. EG. City of Hudson. Records will be kept daily.

A letter was read from Eric and Dorothee Leifer to welcome this new business as it will provide employment, tax revenues and a market for local goat milk.

Attorney Hilscher reviewed the correspondence received for the resolution and read the Zoning requirements.. A resolution will be prepared. The site plan will be prepared and approved with conditions. A special meeting will be held to pass the resolution.

A motion to hold a special meeting on Wednesday February 15, 2012 to approve the resolution and site plan was made by Martin Schroeder and 2^nd by Philip Schmidt.

James McFarland recused himself as he is a neighbor property owner of this project and will not be voting on it.

All voted AYE. Motion passed.

There being no further business before the Board a motion to adjourn was made by Chip Keil and 2^nd by Martin Schroeder. All voted AYE. Motion passed unanimously.

Next scheduled meeting will be held March 07, 2012. Meeting closed at 8:12 p.m.

Respectfully submitted,

Eileen Yandik
Secretary, Livingston Planning Board