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Judge dismisses challenge to environmental reviews for mushroom company
Mid-Hudson News
March 4, 2006

State Supreme Court Judge Robert Sackett has denied a petition from the Basha Kill Area Association and two of its members, Patricia and Kevin Moore, to annul the state environmental quality review findings statement issued by the Town of Mamakating Planning Board in connection with the construction of a proposed mushroom production and processing plant in the town.

The Yukiguni Maitake Manufacturing Corporation of America wants to build a facility on a 48-acre parcel of land zoned for light industrial/office development that is located at the intersection of Route 209 and McDonald Road. When completed in stages, the plant would be four stories tall with a footprint of over 206,000 square feet.

The court decision "independently confirms the integrity of the environmental review process," said Yukiguni Maitake company spokesman Josh Sommers.

"Yukiguni Maitake hopes to have site approval in the next few months and to help create over 200 good paying jobs for the community," her said. "This project is an $80 million investment and according to figures from the Sullivan County Partnership, the positive spin off will be over $300 million into the local economy." Yukiguni applied to the planning board for a special use permit and site plan approval and to the Zoning Board of Appeals for a number of area variances.

The Basha Kill Area Association and the Moores contended the project, which would manufacture 30 tons of mushrooms per day and employ 210 people, could impact the quality of the Basha Kill Preserve, and water usage in the immediate area and because of its height, have visual concerns for recreational users of a number of area facilities and sites.

In his ruling, Sackett said the court finds the planning board determination "was lawful, not arbitrary, capricious nor as abuse of discretion and was amply supported by substantial evidence in the record." His decision continued that the court concludes "that the planning board's determination was made after a long and hard look at the proposed project and its impact on the environment and community as required by environmental conservation law."

www.midhudsonnews.com/News/Maitake_ruling-04Mar06.htm