Chairperson Mitchell called the meeting to order at 7:30 PM.

PLANNING BOARD

1. Dibella's Old Fashioned Submarines - 14 South Main St. - site plan approval
Present: Gregory Barkstrom, Real Estate Manager
Proposed: to obtain site plan approval for a submarine shop located at 14 South Main St.

The secretary read the legal notice that was published in the Brighton Pittsford Post on January 9, 2002 "Please take notice that a public hearing will be held before the Village of Pittsford Planning Board at the Village Hall, 21 North Main Street, Pittsford, New York, on Monday, January 28, 2002 at 7:30 P.M. to consider an application made by Gregory Barkstrom, agent for DiBella's Old Fashioned Submarines, and 3180 Monroe Inc., owners of property known as tax map # 164.06-2-7, which property is located at 14 South Main Street, for site plan approval pursuant to Article XVII, Chapter 210-83, Site Plan Approval, of the Code of the Village of Pittsford."

SEQR: Chairperson Mitchell stated this is a Type II Action under SEQR 617.5, #7 and #15. No further review is necessary.

Discussion: Mr. Barkstrom presented an updated site plan received and date stamped January 22, 2002. The number of parking places has been increased from 19 to 25. Green space has been increased on the site. There will be five pole lights, 175 Watt, metal halide. Poles will be 20' high and fixtures will be downcast. There will be some re-curbing in the parking area. Guard rail and some asphalt will be removed.

Board members questioned the location of a dumpster shown on the plan. It was their understanding that a condition of the Special Use Permit granted by the Trustees was to have all trash stored inside. Mr. Barkstrom said inside storage is difficult and would be inconvenient. Member Weniger said the impact of outside trash storage on neighboring properties is also a problem. The Board received a letter from Mr. Cook stating his objection. The secretary read that letter for the record. Other restaurants have the same "indoor storage" stipulation. It was suggested that totes might be stored near the dumpsters for Canal Town Coffee. Building Inspector Bailey stated the refuse issue would need to be resolved with the Board of Trustees.

Mr. Barkstrom stated that Bristol's did the landscaping for the site plan. Plantings near to the Cook building are labeled to be 15-18" high.

Board members discussed the traffic flow into and out of this property. The plan shows an ingress and egress at the Main St. driveway, which could cause a lock-up situation. Mr. Barkstrom said they would change it to one way, ingress only.

Public Hearing Opened
Chairperson Mitchell opened the Public Hearing.
Matt Ensenat - Ensenat's Deli, 1 North Main Street: Mr. Ensenat asked what the estimated opening date was and was told it would be in sixty to ninety days. He stated that the Board of Trustees required his business to have indoor storage of trash. He has four totes that are picked up three times per week.

Richard Dennison - 11 Golf Avenue: asked if there would be receptacles for paper trash. Mr. Barkstrom said the parking lot would be picked up continually during the day. Mr. Dennison asked if there would be outside seating. Mr. Barkstrom replied that there would not.

Peg Willard - Pittsford Picture Framing: Ms. Willard asked if the dumpsters used by Canal Town and the dumpsters in the Burdett Lot were enclosed. Mr. Bailey said the Burdett dumpsters are not because they predate the dumpster ordinance. The two Canal Town dumpsters are enclosed.

Board members noted a reference to the Oswego Water Department on the site plan for 14 South Main St. Mr. Barkstrom said it would be changed.

Public Hearing Closed
There being no one further to speak for or against this application, Chairperson Mitchell closed the Public Hearing.

Board Members discussed the application further. Comments from the applicant were required. Therefore, a motion was made by Chairperson Mitchell, seconded by Member Lanphear to reopen the Public Hearing to allow additional information presented by the applicant.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

After obtaining additional information from Mr. Barkstrom, a motion was made by Chairperson Mitchell, seconded by Member Lanphear to close the Public Hearing.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

Motion: A motion was made by Chairperson Mitchell, seconded by Member Chamberlin to accept this application for site plan approval as presented with the following conditions:

1. there shall be a "one way" sign and directional arrow on the pavement at the Main St. exit from the site,
2. there shall be striping on the pavement indicating direction at the ingress/egress driveways on Church Street,
3. litter receptacles shall be placed on the site and maintained continually,
4. landscaping shall be installed and maintained so as not to block the windows at the Cook and LaVeck properties per discussions with those property owners,
5. all lighting shall be in compliance with the Village Code and additional decorative building lighting shall be reviewed by the APRB,
6. there shall be indoor dining only - no seats or tables outside,
7. outdoor storage of trash and/or dumpsters is denied per Special Use Permit granted by the Board of Trustees on 11/13/01
8. there shall be no overhead wiring for exterior fixtures in the parking lot.

Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

The decision was filed in the Office of the Village Clerk on January 28, 2002.

Further discussion: Member Lanphear stated for the record that she is not in favor of having a two way entrance/exit in the driveway closest to the building onto Church St. Mr. Barkstrom answered that Dibella's wants the traffic to flow smoothly. If this entrance/exit causes problems, they will revisit the issue.

2. Ensenat's Delicatessen - One North Main St. - lighting site plan
Present: Matt Ensenat
Proposed: addition of two exterior lights on building signs located on the Monroe Avenue and the Main Street façade - a total of four new lights.

The secretary read the legal notice that was published in the Brighton-Pittsford Post on January 9, 2002: "Please take notice that a Public Hearing will be held before the Village of Pittsford Planning Board, Monday, January 28, 2002 at 7:30 PM at the Village Hall, 21 North Main Street, Pittsford, NY to consider an application made by Matt and Sandra Ensenat for approval of a lighting site plan for the business known as Ensenat's Delicatessen, located at One North Main Street, Pittsford, NY, pursuant to Chapter 117 of the Code of the Village of Pittsford."

SEQR: Chairperson Mitchell stated this is a Type II Action under SEQR 617.5 #7 and #15. No further review is necessary.

Public Hearing opened
Chairperson Mitchell opened the Public Hearing.

Discussion: Mr. Ensenat told the Board he would like to have two white gooseneck type light fixtures on each of his signs, (North Main and Monroe Ave.) so that his signs are more visible. It is his intention to use 60-watt bulbs in the fixtures. The fixtures will be mounted on the brick above the signs and will be consistent with the fixtures on the Brizee building across Monroe Avenue. Chairperson Mitchell stated that the lighting is needed for visibility of the signs and that no variances are required for this application.

Public Hearing Closed
There being no one further to speak for or against this application, Chairperson Mitchell closed the Public Hearing.

Motion: A motion was made by Member Weniger, seconded by Member Danko to approve this lighting site plan as presented on the application submitted and date stamped January 2, 2002.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

The decision was filed in the Office of the Village Clerk on January 28, 2002.

Findings of Fact

1. There will be two lights per sign on both North Main Street and Monroe Avenue.
2. The wattage intended is in compliance with the Village Code.
3. The gooseneck style is the same as other buildings in the vicinity and the fixtures will be mounted in the same respect.

MEMBER ITEMS
R-4 District
As a result of a request to allow a Bed and Breakfast establishment on North Main Street, Mr. Bailey wrote a draft of a new R-4 district, which would allow B&B's by Special Permit from the Board of Trustees. After review, the consensus of the Board was that the draft is well written. However, the Board members agreed that zoning changes should not be applicant driven.

Member Weniger expressed concern with Section F (11), which states that people who do not reside in the home, may not be employed. He considered it to be too restrictive. He stated that Section F (16) regarding location of B&B's to one another is a good restriction. It is his hope that the number of feet will be small.

Chairperson Mitchell said the Board should look at the zoning issue of extending the R-4 District and at the regulations for B&B's to determine if they are acceptable. She will draft a letter to the Board of Trustees stating that the Planning/Zoning Board is in agreement with extending the R-4 district. Regarding B&B's, she will include the concern regarding Section F (11). She will also state that the Board is opposed to zoning changes that are applicant driven.

Starbucks Parking
Member Danko said that an extension of brick paving encourages people to park on the sidewalk in front of Starbucks Coffee. He suggested it be turned into green space with shrubs or that the area be curbed to discourage parking on the sidewalk. Building Inspector Bailey will check on the history of this space and refer it to the Board of Trustees.

Town Community Center
Member Danko informed the Board that a town committee would soon be voting to recommend that a new Community Center be constructed on the Veconi property. He said the library may be a separate issue. He asked if the community center would be a zoning issue for the Village if it were constructed on the Veconi property.

Attorney Osborn told the Board about a 1995 Court of Appeals case where it was decided that one municipality would have to obtain approvals from another depending on what is in the best interest of the total community. In the case of the Community Center, he said the Board of Trustees would have to decide whether or not to apply Village zoning laws as a result of this 1995 Court case.

Attorney Osborn said the Comprehensive Plan is a powerful document that will be used as a guide. However, it cannot be added to the list of criteria for area and use variances. The Board can state that the Plan was used as a consideration in their decisions.

MINUTES
December 17, 2001
A motion was made by Member Weniger, seconded by Chairperson Mitchell to approve these minutes as written.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

ADJOURNMENT
There being no further business, Chairperson Mitchell adjourned the meeting at 10:00 PM.

Anne Z. Hartsig, Recording Secretary