The regular monthly meeting of the Livingston Planning Board was held on December 07, 2011 at 7:00 p.m. In attendance were Chairman Larry Hermance, Martin Schroeder, Bernie Stickles, Chip Keil, John Alvarez, Frank Santacroce and Philip Schmidt. Engineer Jay Trapp. Attorney Theodore Hilscher.

Absent: James McFarland

A motion to accept the minutes of the November 02, 2011 meeting with the correction that under the Board discussed the following: #2 The Board voted unanimously (not agreed) that the propane tanks should be buried for safety reasons as noted by Attorney Hilscher was made by Martin Schroeder and 2^nd by Chip Keil. All voted Aye. Motion passed unanimously.

Correspondence: None:

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 January meeting.

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

The public hearing for John and Judith Finley a subdivision application to subdivide 25.762 acres from 66.055 acres, opened at 7:02. Property located 210 Spring Road. New maps were received. Fee paid.

The Board reviewed the maps and deemed the application complete.

No comments were received from the public or written correspondence was received concerning this application.

Hearing closed at 7:06.

Attorney Hilscher prepared the SEQRA, asking the required questions.

A motion to declare a negative declaration for the prepared SEQRA was made by Martin Schroeder and 2^nd by Chip Keil. All voted Aye. Motion passed unanimously.

A motion to approve the John and Judy Finley subdivision application as presented was made by Martin Schroeder and Philip Schmidt. All voted Aye. Motion passed unanimously.

The public hearing for Barry Sirmon a subdivision application to Add 3 acres from Parcel 1 to Parcel 2 leaving Parcel I 8.159 acres and Parcel 2 13.213 acres opened at 7:07.

Property located Sparrow Bush Road. Fee paid.

The Board reviewed the maps and deemed the application complete.

No comments were received from the public or written correspondence was received concerning this application.

Hearing closed at 7:12.

Attorney Hilscher prepared the SEQRA, asking the required qµestions.

A motion to declare a negative declaration for the prepared SEQRA was made by Frank Santacroce and 2^nd by Chip Keil. All voted Aye. Motion passed unanimously.

A motion to approve the Barry Sirmon subdivision application as presented was made by Martin Schroeder and Philip Schmidt. All voted Aye. Motion passed unanimously.

A site plan application continued 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.

Hector Gonzales appeared to represent the creamery. The Creamery discussed the following:

1. Per law and code the propane tanks do not have to be underground.

2. Fire Chief Jahns stated the Creamery is not in compliance as an analysis was supposed to be done. The Creamery requested a fire analysis.

The Board discussed the following:

1. Escrow request for an additional $3,000.00.

2. Letter from the Board of Fire Commissioners read regarding the propane tank hazards.

3. Attorney Hilscher and Engineer Trapp have reviewed the site plan. Engineer Trapp has a lot of issues with things not being done in compliance with code. If the original site plan was complete things would be easier. The Board has stated several times the tanks need to be buried. Attorney Hilscher is concerned for the safety issue and the Board has the authority to ask for furtherance in Town Safety.

4. Chairman Hermance stated the site plan does not show the propane tanks underground as requested at the November meeting.

5. Martin Schroeder recommended emptying the tanks and relocating the tanks for the safety of the Town.

6. Chairman Hermance stated the Mr. Nero has disregarded the stop work order.

7. Engineer Trapp reminded them that DEC wants the lagoons filled in and seeded.

8. Chairman Hermance asked if a SPEEDES permit has been issued. Not yet they are working on it.

9. The tanks should be emptied by Friday. Attorney Hilscher, if the tanks are not emptied by 5:00 Friday, George will be in touch with Engineer Trapp.

10. A meeting has been scheduled for Monday December 12, 2011 at 3:00 at the Creamery. Attending will be:
    Chip Keil
    Jay Trapp
    J. Jahns
    Thomas Jacques

Applicant to return to the January meeting.

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

Next scheduled meeting will be held January 04, 2012. Meeting closed at 7:54 p.m.

Respectfully submitted,

Minutes taken by Cynthia Hapeman Typed by Eileen Yandik
Secretary, Livingston Planning Board.