The regular monthly meeting of the Livingston Planning Board was held on November 07, 2012 and opened at 7:00 p.m. In attendance were Chairman Larry Hermance, Chip Keil, John Alvarez, Bernie Stickles, James McFarland, Martin Schroeder, Frank Santacroce and Philip Schmidt. Attorney Theodore Hilscher Engineer Jay Trapp, CEO Thomas Jacques.

A motion to accept the minutes of the October 03, 2012 meeting was made by Chip Keil and 2^nd by Bernie Stickles. All voted AYE. Motion passed unanimously.

Correspondence: A letter dated November 07 was received from Ciro Interrante re: Fumbo Reality Site Development in response to review comments made by James Trapp in a letter from Crawford & Associates dated October 24, 2012.

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 November meeting.

The Board decided since the applicant has not appeared in 18 months it was decided to close the hearing. Attorney Hilscher will send a letter to the applicant advising him to submit a new site plan.

A motion to close the hearing and have the applicant submit a new site plan was made by Chip Keil and 2^nd by Frank Santacroce. All voted AYE. Motion passed unanimously.

7:04. the public hearing for Paul Savarese a subdivision application to sub divide 7:01 acres from 137.021 acres. Property located 412 Cold Springs Road opened. Mr. Savarese did not attend and the hearing will be deferred to the December meeting.

Fumbo Realty submitted a site plan with multiple uses. Property located 677-679 County Route 2, consisting of 1.968 acres.

1. The concerns from the letter received from Jay Trapp have been addressed.

   1. All labeled as requested...

   2. Existing road frontage added.

   3. Faulty printing of maps. New received.

   4. No new signs to be added existing ones need to be shown.

   5. New maps show types and location of lights

   6. Display area wording removed.

   7. 2 Roadside stands not located in required setbacks. Moved to be in compliance

   8. Now 3 handicap spaces.

   9. Blacktop paving to be done in some areas.

   10. 2 way right and left, 1 way for apartments, 2 way for rear and 2 way for road stands.

   11. Widened roadway to be 24' wide.

   12. All level now.

   13. Shown by heavy and dashed lines.

   14. New septic fields. Perk will be looked at by BOH.

   15. Corrected on A2. Scaled correct now.

   16. SP-I Adj site plan.

   17. Drawing submitted.

   18. Power will be using a utility pole and feeder box.

   19. EAF form#10 area variance ZBA to be added.

2. All proposed uses must be listed in the special use permit application to avoid a conflict.

3. Return to the December meeting.

4. The Board cannot act until the ZBA hold their meeting concerning the area vanance.

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.

Mr. Birch reporting meeting with Joe Visconti regarding the egress for this project.

1. The Board requests a letter from DOT with the specifications.

2. Architect plans to be submitted at a later date.

3. Mr. Birch was advised to look up the Zoning regulations and meet requirements on page 72. And submit a site plan that meets those requirements.

4. Return in December.

Jody Jackson of Columbia Ice and Storage appeared at the direction of the Livingston Town Court, after Columbia Ice and Storage was prosecuted for violation of the town zoning law. Discussion was had as to what businesses were permitted there as "grandfathered". After presentation by Mr. Jackson, the Board adopted the following resolution:

1. Cold storage of perishable food is grandfathered.

2. On-site parking of trailers which are not refrigeration units is grandfathered.

3. Non-emergency operation of mobile refrigeration units is limited to active loading and unloading.

4. Non-emergency operation of mobile refrigeration units not being actively loaded or unloaded is prohibited and shall be subject to court injunction. The code enforcement officer is empowered to seek an injunction of such prohibited activity.

5. Any emergency requiring temporary operation of refrigeration units not being actively loaded or unloaded shall be reported immediately to the code enforcement officer. All reasonable measures must be taken to remedy emergency in the shortest time.

A motion to approve the above resolution for Columbia Ice and Storage was made by Chip Keil and 2^nd by James McFarland. All voted AYE. Motion passed unanimously.

Drake Petroleum Company represented by Ronald Fortune to be able to install a drive up window and lane to an existing building for a site for a Dunkin Donuts. Property located Comer of Route 9 and 82.

Parker Fennelly and Conrad Decker gave a presentation of what they would like to do.

1. Make the restaurant smaller

2. A 14 car line

3. New septic will not be needed.

4. A site plan will be required.

5. Application will have to go to County Planning

The applicant will return when they are ready to do the project with a detailed site plan.

Hudson Ball Park liquor license was discussed.

A letter will be written to the Livingston Town Board to inform them that the Planning Board would recommend that the license to be beer and wine only, all youths will be supervised and not allowed in the area without an adult , no bar, just serving beer and wine to dinner patrons only.

A motion to send a letter for the above to the Livingston Town Board was made by Chip Keil and 2^nd by Frank Santacroce. All voted AYE. Motion passed unanimously.

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

Next scheduled meeting will be held December 05, 2012. Meeting closed at 8:45 p.m.

Respectfully submitted,

Eileen Yandik
Secretary, Livingston Planning Board