The regular monthly meeting of the Livingston Planning Board was held on December 05, 2012 and opened at 7:00 p.m. In attendance were Chairman Larry Hermance, Chip Keil, Bernie Stickles, James McFarland, Martin Schroeder, Frank Santacroce and Philip Schmidt. Attorney Theodore Hilscher Engineer Jay Trapp CEO Thomas Jacques.

Absent: John Alvarez

A motion to accept the minutes of the November 02, 2012 meeting was made by Chip Keil and 2^nd by James McFarland. All voted AYE.

Motion passed unanimously.

Correspondence:

Coldwell Banker a request for clarification on a subdivision.

Clarke Engineering a packet containing the update on the Hudson Baseball Camp that was also forwarded to the Greenport Planning Board.

A letter from the Livingston ZBA approving the 2 area variances for Fumbo Realty as follows:

Lawrence Hermance
Livingston Planning Board
PO Box 65
Livingston, NY 12541

Chairman Hermance:

At the November 13^th ZBA meeting the public hearing for Fumbo Reality's area variances were as follows:

Before any motions related to the FUMBO applications, Chairman Alvarez read each of the five following considerations separately and discussion was had on each one before proceeding to the next.

1. Will an undesirable change be produced in the character of the neighborhood or a detriment to nearby properties be created by the granting of an area variance?

2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than an area variance?

3. Is the requested area variance substantial?

4. Will the proposed variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district?

5. Is the alleged difficulty self-created? This consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

The board then voted on the following resolutions.

The first resolution:

An area variance be granted for the purpose of permitting two uses on the FUMBO parcel of 1.97 acres. Applicable zoning for this zone permits one use per acre, or two uses per two acres. The granting of this variance in no way indicates approval of a future two lot subdivision consisting of one lot of one acre and one lot of 0.97 acres.

Motion made by Charles Schneider, seconded by David Kimball.

Discussion: The board found this variance to be not substantial. The board also recognized that two uses had historically operated on this site - a post office and a commercial space.

Motion carried 5-0.

The second resolution:

An area variance be granted for the purpose of allowing a third use on the FUMBO parcel. The third use is limited to a farm stand consisting of two units.

Motion made by Charles Dickens, seconded by Charles Schneider. The discussion consisted of the following:

1. The pennitting of a third use would represent a substantial variance of 50 percent, meaning three uses would be allowed in two acres when the law requires three acres for three uses.

2. The proposed development would be beneficial to that area of the town.

3. The third use consists of a rolling farm stand, not permanently attached to the ground.

Motion carried 3 -2.

In favor:

Charles Schneider

Charles Dickens

Tomas Alvarez

Opposed:

Robert Fleming

David Kimball

Respectfully, Eileen Yandik

Fumbo Realty returned for the Site Plan and Special Use applications before the Board.

1. Post Office (Existing)

2. Apartment house (5) in existing building.

3. 2 Mobile Farm Stands.

1. New maps were received.

2. The 5 unit apartment house will have a sign 12 feet x 3.5 feet, Elizaville Commons.

3. Road side stands will have the logo of Feather Ridge.

4. In front of property on the split rail fence a small sign with the hours.

After discussion by the Board.

A motion was made by Martin Schroeder 2^nd by Philip Schmidt to deem the paper work complete and. All voted. AYE. Motion passed unanimously.

A motion was made by Martin Schroeder and 2^nd by Chip Keil to have the Livingston Planning Board as the lead agency in an unlisted action SEQRA application for this project. All voted. AYE. Motion passed unanimously.

Attorney Ted Hilscher will send the required paperwork to the Columbia County Planning Board for their review.

A public hearing will be held for the Special Use permit and Site Plan applications January 02, 2013 at 7:02.

To be advertised.

David Birch submitted a site plan to have a mini mall (50x150 commercial steel or masonry building). Property located Rt. 9 South of Bells Pond.

1. New maps were submitted dated 12 05 12 SP-1.

2. New application was received.

3. Existing road cut is proposed to be used subject to DOT approval.

4. Asphalt will be placed in front of the 50 x 150 building.

5. Parking has been shown on the new maps.

6. 2 signs on Route 9 4 x 8 feet.

7. 3 dry wells south of the building that will lead into a catch basin.

8. Lighting on all 4 comers.

9. Remove the trees by the road and replace with shrubs.

10. The design for the building will be forthcoming.

Applicant to return in January to give the Board a chance to review the new application. A $2,500.00 dollar escrow is required.

7:42. the public hearing opened for Paul Savarese a subdivision application to sub divide 7.01 acres from 137.021 acres. Property located 412 Cold Springs Road.

David Kimball asked if this should be a major subdivision as this property has been subdivided many times. It was reported that this was a separate parcel.

No written correspondence was received concerning this application. The public hearing closed at 7:46.

Jay Trapp prepared the short form SEQRA and reported the results to the Board.

A motion to approve a negative declaration for the short form SEQRA was made by Chip Keil and 2^nd by Bernie Stickles. All voted AYE. Motion passed unanimously.

A motion to approve the Savarese subdivision as presented was made by Chip Keil and 2^nd by Philip Schmidt. All voted AYE. Motion passed unanimously.

Attorney Hilscher will write a letter to the Creamery regarding a long past due escrow.

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

Next scheduled meeting will be held January 02, 2013. Meeting closed at 7:55 p.m.

Respectfully submitted,

Eileen Yandik
Secretary, Livingston Planning Board