The special meeting meeting of the Livingston Planning Board to approve the resolution and site plan for the Hudson Valley Creamery was held on February 15 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

The public hearing continues 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.

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

A revised site plan was received.

Attorney Hilscher and George Schmitt addressed a letter February 13, 2012 from Ted to the Creamery with the remaining issues. Also addressed was a letter from Morris Associates George to the Board commenting on Ted's letter.

1. Tank Certification.

2. Copy of the DEC permit for the underground tank.

3. Ag and Market water sample. The results have not been shared with tl1e Board.

4. Mr. Visconti of DOT indicated marking up a set of plans necessitating corrections to be made by the applicant.

5. Truck trips? 1 delivery a day. Fuel tank will be in a concrete vault in the ground.

6. The lagoons used in the past by a prior occupant of the site will not be utilized by the current occupant. Two of the lagoons will be filled in ad seeded by June 30, 2012. The remaining lagoon will be kept as an ornamental pond at the owners' request. It will be fenced.

7. The ne;,v wastewater plant to be completed, approved by the DEC and operational by December 31, 2012 or such other date as the DEC so directs.

8. Different ,fu..rther and nev1 use if the site \.Vill require the review of a site plan and possm•1 11 e env1• Ionmenta11 i• mpacts.

Jay Trapp spoke of:

1. Lagoons and they ought to be filled in now and was concerned that I pond will be left.

2. Reserve the right to review the location and deadline (12 31 12) of the plant design for the type of waste water system..

3. Septic information will be furnished to the Board as they progress.

4. Fire extinguishers need to be updated to 20 pounds.

Dave Kimble asked if the 10,000 gallon tank for waste water was shown on the map. Yes . There are three certified tanks. Fuel, Septic and in the rear a process water tank.

Motion to close the public hearing was made by Chip Keil and 2^nd by Bernie Stickles. All voted AYE. Motion passed.

Attorney Hilscher advised the Board that the application was sent to the Columbia County Planning Board, 30 days ago and the time for action has expired.

The time frame for input as to opposition of the Livingston Planning Board being the lead agency has also expired without any comment.

Ted Hilscher prepared the SEQRA and asked the required questions.

A motion to declare a negative declaration was made by Martin Schroeder and 2^nd by Chip Keil. All voted Aye. Motion passed.

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

Attorney Hilscher read the Final Site Plan Approval Resolution.

A motion to accept the resolution and Site Plan was made by Phil Schmidt and 2^nd by Bernie Stickles.

Vote as follows:

Phil Schmidt AYE.
Bernie Stickles AYE.
Martin Schroeder AYE.
Lawrence Hermance AYE.
Chip Keil 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.

CC: Resolution

The following Resolution was presented on February 15, 2012 at a Special Meeting of the Town of Livingston Planning Board.

WHEREAS, in late April, early May, 2011, the Town of Livingston Planning Board ("Planning Board") received an application (herein the "Application") from Hudson Valley Creamery, LLC ("HV Creamery"), as applicant, and Apple Partners, LLC (as Owner) for site plan review, pursuant to Town of Livingston Town Zoning Code Section 6.7 for a proposed Cheese Processing/Packaging Plant at the existing commercial building located at 2986 State Route 9, Livingston, New York (Tax Map Parcel No. 161.- 1-2), which parcel is located in the Agricultural Development/Light Industrial ("AD-Li­ l") Zoning District;

WHEREAS, the Application was first reviewed and entertained by the Planning Board at their regular meeting on May 4, 2011;

WHEREAS, following the Planning Board's review at several subsequent meetings, on November 28, 2011, a comprehensive set of 6 engineering drawings representing the site plan prepared by Morris Associates Engineering Consultants, PLLC, dated November 23, 2011, together with a Long Form Environmental Assessment Form ("EAF"), dated November 23, 2011 and a Morris Associates comment letter dated November 28, 2011 were provided to the Board for consideration in furtherm1ce of the Application;

WHEREAS, following comments received from the Planning Board at the December 7, 2011 regular meeting, and following an onsite meeting with members of the fire company and the Planning Board held on December 12, 2011, the site plan was further revised on December 27, 2011 by Morris Associates to provide particulars on various details raised/requested by the Board, including the location of proposed propane storage tanks;

WHEREAS, at a regular meeting of the Planning Board held on January 4, 2012, the Planning Board classified the action as an Unlisted Action under the State Environmental Quality Review Act ("SEQRA") pursuant to 6 N.Y.C.R.R. § 617.2 (ak) and 617 (a) (1) (iv);

WHEREAS, on January 4, 2012, the Planning Board coordinated review among the involved agencies and declared its intention to serve as lead agency; and, on January 9, 2012, through counsel, the Planning Board sent a coordination letter with the full EAF part 1 to the involved agencies; WHEREAS, on January 4, 2012, after consideration of the modifications made to the site plan, the Planning Board voted to accept the site plan application, and set the matter down for public hearing to be held February 1, 2012;

WHEREAS, following comments received from the Planning Board at the January 4, 2011 regular meeting, the site plan was further revised on January 12, 2012, by Morris Associates to reflect the relocation of the onsite propane storage tanks, as well as providing minor particulars on other details raised/requested by the Board and a Morris Associates comment letter dated January 17, 2012, together with the revised site plan were each provided to the Board for consideration in furtherance of the Application;

WHEREAS, the Town of Livingston Planning Board referred the site plan, EAF and supporting documentation to the Columbia County Planning Board on or about January 16, 2012, pursuant to General Municipal Law§ 239-m and thirty days has expired since said referral;

WHEREAS, on February 1, 2012, the Town of Livingston Planning Board conducted the public hearing on the site plan Application;

WHEREAS, the Planning Board reviewed Part I of the full EAF, and on February 15, 2012 applied the criteria set forth in Part II of the full EAF and 6 N.Y.C.R.R. § 617.7 (c) and determined that the project and site plan will not result in any significant adverse environmental impacts;

WHEREAS, on February 15, 2012, after reviewing the criteria set forth in 6 N.Y.C.R.R. § 617.7 (c), the Town of Livingston Planning Board issued a SEQRA negative declaration of significance on the project;

WHEREAS, during the regular meetings of the Planning Board, the Planning Board conducted an independent review and analysis of the information, the site plans and drawings provided by the applicant in the Application, the EAF, the engineered plans and drawings, and the Board further considered the comments raised by members of the public as the public hearing, and further identified and discussed the relevant areas of environmental concern, and the issues related to site plan compliance;

WHEREAS, the Planning Board now finds as follows:

NOW, THEREFORE,

BE IT RESOLVED AND DETERMINED,

That the Planning Board of the Town of Livingston hereby approves the Application submitted by the Applicant for the Site Plan Approval for a Cheese Processing/Packaging Plant at the existing commercial building located at 2986 State Route 9, Livingston, New York, subject to the following conditions:

1. No raw milk will be delivered to the site;

2. The Applicant is responsible for the payment of all consultant fees, both legal and engineering, incurred by the Town as the result of its review of the Application;

3. On or before July 15, 2012, the Applicant will complete any and all work required by the NYS DOT pursuant to a valid highway work permit;

4. The Applicant will comply with any and all requirements of the NYSDEC, including but not limited to a new wastewater plant and/or system to be completed, approved by the Department of Environmental Conservation and operational by December 31, 2012 or such other date as the Department of Environmental Conservation so directs. The Planning Board will retain authority to approve the placement of the system required by the Department of Environmental Conservation;

5. The Applicant will comply with any and all requirements of the NYS Department of Agriculture & Markets in the operation of the processing/packaging plant;

6. The lagoons used in the past by a prior occupant of the site will not be utilized by the current occupant for processing wastewater. As indicated on the site plan, two lagoons to the east of the plant will be re-graded and/or filled in and seeded by June 30, 2012. One lagoon will remain as an ornamental pond and shall remain fenced with six-foot fence. Erosion control will be in place to be inspected by town code enforcement officer;

7. Different, further or new use of the site will require the review and Planning Board approval of a new site plan and possible environmental impacts;

8. The conditions imposed herein run with the land and project and apply to any successors in interest including, but not limited to, all subsequent owners, lessees, occupants, licensees;

9. That the Planning Board approves the Site Plan submitted by the Applicant in accordance with the several stamped maps dated (last revised) February 14, 2012 containing Drawings 1-6, and identified follows:

   1. Cover page with location and area map

   2. Existing Conditions and Demolition Plan

   3. Proposed Site Plan

   4. NYSDOT Improvements Plan

   5. Details - 1

   6. Details - 2

The within Resolution is hereby:

Proposed by: Philip Schmidt

Seconded by: Bernard Stickles

Upon the question of the adoption of this Resolution, the following Board members voted "Aye" in favor of the same:

The following Board members voted "No" in opposition of the same:

The proposed Resolution having been approved by a majority of the Board, the same was declared to be duly adopted by the Planning Board.

Lawrence Hermance,
Planning Board Chair

DATED: February 15, 2012
Livingston, New York

Filed.

Dated: =====

Cynthia-Hap-eman, Town Clerk Town of Livingston