The regular monthly meeting of the Li$gston Planning Board was held on August 1, 2012 and opened at 7:01 p.m. In attendance were Chairman Larry Hermance, Chip Keil, John Alvarez, Martin Schroeder, Bernie Stickles, James McFarland, Frank Santacroce and Philip Schmidt.

Attorney Theodore Hilscher Engineer Jay Trapp CEO Thomas Jacques.

A motion to accept the minutes of the July 11, 2012 meeting was made by Martin Schroeder and 2^nd by James McFarland. All voted AYE. Motion Passed unanimously.

Correspondence: A letter was received from the Livingston Town Board regarding the Ballpark restaurant obtaining a liquor license.

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 September meeting.

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

The public hearing for Edward, Timothy and Mary Egan a lot line adjustment for Eva Helen Egan to convey 0.65 acres to Edward, Timothy and Mary opened at 7:04. Property located Black Bridge Road. Fee paid.

No comments from the public or written correspondence were received concerning this application. The public hearing closed at 7:06.

Attorney Ted Hilscher 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 Martin Schroeder and 2^nd by Frank Santacroce. All voted AYE. Motion passed unanimously.

A motion to approve the Egan's subdivision application as submitted was made by Chip Keil and 2^nd by John Alvarez. All voted AYE. Motion passed unanimously.

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

Proposed Uses

1. Post office (existing).

2. Proposed apartment house in existing building.

3. Proposed farm stand , {

4. Proposed storage units.

What our ordinance says:

1. No more than one principal use per acre is allowed in LC-I zone (see2.2 (h)- needs use variance for additional uses.

2. Multi-family dwelling needs special use permit.

3. Post Office is grandfathered.

4. Farm stand needs special use permit.

5. Storage units - not mentioned in ordinance, therefore not allowed (see3.2)­ needs use variance.

6. Parking: (see 4.23)

   1. 2 spaces per apartment unit

   2. 1 space per 150 ft of retail.

   3. 1 space per 1000 ft of storage

   4. Post Office is grandfathered in at 8 spaces.

7. Site plan review - Look at sign.age, and traffic flow, particularly for parking spaces in front of proposed apartment house. Columbia County DOH must approve sewage system as part of application.

Procedure:

August 1 Planning Board must decide whether or not to accept site plan application. Applicant must also apply for special use permits. Once application is accepted Planning Board declares Unlisted Action for purposes of SEQRA and gives notice for lead agency status to ZBA, Columbia County DOH and Columbia County DOT. Applicant must go to County for 239 reviews, go to ZBA for variance applications, and get County DOH and DOT approvals.

September ZBA sets public hearings for use variances.

October ZBA holds public hearings on variances.

A motion to deny the site plan application was made by Bernie Stickles and 2^nd by Chip Keil. All voted AYE. Motion passed unanimously.

Applicant advised to submit an application to the ZBA. The applicant is to return to the Planning Board and set up an escrow account starting with $2,000.00.

Discussion:

The letter from the Livingston Town Board, regarding the Ballpark restaurant obtaining a liquor license. Several citizens spoke asking when is the project going forward and is a liquor license appropriate for a project that will be for children.

The Board requested that the owner (Burke St. John) appear in person to the September meeting and explain the progress of the original site plan and what are his future plans.

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

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

Respectfully submitted,

Eileen Yandik
Secretary, Livingston Planning Board