The regular monthly meeting of the Livingston Planning Board was held on June O1, 20011 at 7:00 p.m. In attendance were Chairman Larry Hermance, Bernie Stickles, James McFarland, Chip Keil, John Alvarez, Frank Santacroce, Martin Schroeder and Philip Schmidt. Engineer Jay Trapp. Attorney Theodore Hilscher.

A motion to accept the minutes of the May 04 2011 meeting was made by Bernie Stickles and 2^nd by John Alvarez. All voted AYE. Motion passed unanimously.

Correspondence: Crawford and Associates Engineering a letter dated May 26, 2011- Hannaford Supermarket & Pharmacy a Site Plan Submission Review C & A.

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. Attorney Gagen called and requested to be deferred to the July meeting.

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

The hearing for Hannaford continued with Jay Lord, Senior Site Engineering Project Manager Hannaford Bros. Co. who gave an update on the project.

1. The site plan has not changed

2. SEQRA done in May.

3. BOH approval received.

4. SPEDES permit received.

5. Variance from ZBA approved.

6. $10,000.00 received for the escrow account.

7. Waiting for final approval from DOT.

8. Paperwork filed with the County.

A motion to accept the Parking Variance from the Zoning Board of Appeals was made by Martin Schroeder and 2^nd by Chip Keil. All voted AYE. Motion passed unanimously.

No comments or written correspondence was received concerning this application. Public hearing closed 7:15.

The following Resolution was read.

At a meeting of the Planning Board of the Town of Livingston, Columbia County, New York, duly held on the 1st day of June, 2011, at the Livingston Town Hall, 119 County Route 19, Livingston, New York, the following Resolution was proposed and seconded:

Resolution by: Martin Schroeder

Seconded by: John Alvarez

WHEREAS, Hannaford Supermarket and Pharmacy has presented a site plan and supporting documentation to the Livingston Planning Board on or about December 15, 2010. Said site plan and supporting documentation has been reviewed by the Town of Livingston Planning Board as well as the town engineer, Columbia County Planning Board, Columbia County Department of Health, State Department of Transportation and State Department of Environmental Conservation, and amendments and supplements have been made to the site plan and supporting documentation, and

WHEREAS, On May 4, 2011, the Planning Board issued a negative declaration of no adverse environmental impact by said project, and

WHEREAS, On May 31, 2011, the Livingston Zoning Board of Appeals issued an area variance, lowering the amount of parking spaces from 165 to 100 parking spaces, and

WHEREAS, the Planning Board now finds as follows:

1. The site plan meets the provisio of the town zoning law and the intent of the town master plan.

2. The proposed use and layout will be in harmony with the appropriate and orderly development of the surrounding area, which is already commercial in nature, and will not interfere with or discourage appropriate development of adjacent parcels.

The proposed use will not make vehicular or pedestrian traffic hazardous. Signage will not present a hazardous or unattractive appearance to motorists or adjacent property.

NOW, THEREFORE, BE IT RESOLVED the Livingston Planning Board approves the Site Plan of the Hannaford Supermarket and Pharmacy. The site plan being approved is dated November 11, 2010 and last revised May 24, 2011.

Conditions of said approval are as follows:

1. No work shall commence on site until a Building Permit is issued by the code enforcement officer.

2. Prior to the issuance of a building permit, all approvals must be made by: Columbia County Department of Health, State Department of Transportation, and State Department of Environmental Conservation; and

3. Prior to the issuance of a building permit, the code enforcement will have received a copy of subdivision plans filed and stamped by Columbia County Clerk.

4. Receipt of "As Built" drawings by the town code enforcement officer at the completion of construction.

Upon question of the foregoing Resolution, the following Livingston Planning Board members voted "Aye" in favor of the Resolution:

John Alvarez
Bernard Stickles
Martin Schroeder
Frank Santacroce
Chip Keil. and
James McFarland;

The following Livingston Planning Board Members voted ''No" in opposition, thereto: NONE.

The Resolution having been approved by a majority of the Planning Board, the same was declared duly adopted by the Chairman of the Town of Livingston Planning Board.

Dated: June 01, 2011.

Eileen Yandik, Clerk
Town of Livingston
Planning Board

Lawrence Hermance, Chairman
Town of Livingston
Planning Board

Filed.
Dated: Cynthia Hapeman, Town Clerk

A motion to accept the Site Plan Application for Hannafor Supermarket and Pharmacy as submitted with the Resolution was made by Martin Schroeder and 2^nd by John Alvarez. All voted AYE. Motion passed unanimously.

A site plan application was received for a food processing plant to be able to process frozen curds to make cheese, Hudson Valley Creamery represented by Carmen Nero, Apple Partners. Property located 2990 Route 9.

Mr. Nero reports the following:

1. A lease was signed to make the cheese.

2. 25 employees will be hired with more as business requires them.

3. DEC SPEDES permit is in progress.

4. Hector Gonzales is the project manager.

5. Holding ponds are for wash water.

6. 1^st 3 years are going to be a packing operation only.

7. Phase II will be the milk plant.

8. Planning on opening in September.

9. The Board is concerned about the possibility of odors. Mr. Nero replied that it will be monitored.

10. Debris is being cleared up.

11. The process for the lagoons was explained.

12. Existing lighting and signage will be used.

The Board discussed the following:

1. A parking code will be needed.

2. A more detailed site plan. All areas need to be defined. The map needs to be brought up to date.

The applicant is to return to the July meeting.

Shane Newell representing Sequel Stallions NY LLC a subdivision application to be able to subdivide a house from the horse farm consisting of 54 acres. Property located comer of Maple lane and County 19. Applicant did not appear or contact the Board for more than three meetings. A letter will be sent informing the applicant he will have to start over ifhe wishes to pursue this any further.

Michael Potamousis submitted a lot line subdivision. Property located 121 Parker Road, Elizaville. Parcel 2 1.78 acres to be sold to Timothy and Susan Lydon. Parcel 1 to have the 50 foot right of way deleted. He will need new survey maps.

A public hearing will be held July 05, 2011 at 7:02. To be advertised.

Kevin Kuck approached the Board with a question on property sold on Hollow Road, Elizaville. A problem with a title search.

The Board discussed the problem and Attorney Hilscher will write a letter to state note # 2 on map dated 08-01-1907 parcels AB and C would not have to be combined, as it was never combined.

There being no further business before the Board a motion to adjourn was made by John Alvarez and 2^nd by James McFarland... All voted AYE. Motion passed unanimously.

Next scheduled meeting will be held July 05, 2011. Meeting closed at 8:06 p.m.

Respectfully submitted,

Eileen Yandik
Secretary, Livingston Planning Board