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

PLANNING BOARD

1. Chase Bank - 31 State Street - site plan approval for landscaping update
Present: Mr. Thomas Swartele, agent
Proposed: to obtain site plan approval for the removal of a large locust tree and the installation of a low retaining wall and plantings on the State Street side of the bank building.

The secretary read the legal notice that was published in the Brighton Pittsford Post on March 13, 2002: "Please take notice that a Public Hearing will be held before the Village of Pittsford Planning Board, Monday, March 25, 2002 at 7:30 PM at the Village Hall, 21 North Main Street, Pittsford, NY to consider an application made by Chase Bank for site plan approval of a landscaping upgrade for the building located at 31 State Street, Pittsford, NY, pursuant to Article XVII, Site Plan Approval, Chapter 210-83 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. Swartele told the Board that two large trees in the front of the bank are disrupting the sidewalk and causing it to heave creating a tripping hazard. The bank would like to remove these trees and replace the current landscaping with an upgraded plan as shown on plans submitted on 3/25/02. A low retaining wall of 10 to 12 inches is planned with a cap of 3 to 6 inches.

Board members asked if the bank would be willing to contribute to the cost of a Village tree that is larger than the trees the Village usually plants if the larger Chase trees are removed. Mr. Swartele said he would inquire.

Chairperson Mitchell asked about the possibility of removing the top roots of the large tree. Mr. Swartele said a well would have to be built around the existing tree to do this. Chairperson Mitchell asked the Secretary to check with DPW Superintendent Spencer about cutting the top roots of the tree down, whether underground utilities will allow for a large tree to be planted between the sidewalk and the curb and whether or not the retaining wall will cause a problem for the sidewalk plow. She also asked that the Mayor review the site plan submitted this evening and give his opinion on the types of plantings specified.

Attorney Osborn said the Village is responsible for sidewalks along a State highway. Building Inspector said generally, the right-of-ways in Villages are fifteen feet.

Member Lanphear said she is concerned that if the trees are removed, the bank will look like a suburban bank rather than a bank in a village. She wondered if tree trimming would help. Mr. Swartele said the tree has been trimmed frequently.

Public Hearing opened: Chairperson Mitchell opened the public hearing.

Janet Reynolds, Church Street: Ms. Reynolds stated the existing trees are about 30 feet high and are very attractive. She did not see any evidence of the sidewalk being pushed up by tree roots. She asked if there were alternatives to removing the trees.

With the permission of the applicant, Chairperson Mitchell will leave the Public Hearing open for another month for further discussion.

ZONING BOARD

2. Insuranceworx Agency - 19 South Main Street - appeal of Building Inspector's interpretation
Present: Sam Mazzola, Personal Financial Representative, Allstate Financial Services

The secretary read the legal notice that was published in the Brighton Pittsford Post on March 13, 2002: "Please take notice that a Public Hearing will be held before the Village of Pittsford Zoning Board of Appeals at the Village Hall, 21 North Main Street, Pittsford, New York, on Monday, March 25, 2002 at 7:30 P.M. to consider an application made by Sam Mazzola, who proposes to have his business known as Insuranceworx Agency occupy the first floor of the building located at 19 South Main Street. This application is to appeal the interpretation of the Building Inspector that an insurance agency is an office use and is not a permitted first floor use in the B1-A Special Historic Business District pursuant to Chapter 210-113 B. (1) of the Code of the Village of Pittsford."

Discussion: Mr. Mazzola explained the nature of his business. He distributed a packet explaining details of the business services offered as well as ways in which the business intends to strengthen the business climate of the Village, promote resident involvement and maintain the historic character of the Village. Mr. Mazzola said he anticipates 25 clients daily who would come into the Village. He said there would be services such as CD's, mortgage, checking accounts and insurance policies. There will be no processing of cash at this location. Mr. Mazzola reminded the Board that 19 South Main Street has been vacant for 15 months as are other store fronts in the Village. He said he intended to update and improve the exterior of the building.

Member Weniger asked about the proposed interior space of the building and how it will be designed. The reply was that there would be counter area and offices. A conference room is also proposed. Member Weniger also asked for names of competitors. Mr. Mazzola said he did not feel he had any competitors. He said each agency does niche marketing. When asked if Chase Bank would be considered a competitor, Mr. Mazzola said it would not.

Public Hearing opened: Chairperson Mitchell opened the public hearing.

Jim Cronin - Pittsford Pendleton Shop and member of PVBA: Mr. Cronin said he was speaking in the capacity of a PVBA member. In that capacity, he recommended the Building Inspector's decision be upheld. He stated that the Village recently adopted the Comprehensive Plan whereby it was recommended that first floor space be kept as retail. If service agencies are mixed in at first floor locations, it will chop up the retail environment and create a dull visage along the street. Mr. Cronin said filling retail spaces has been a problem for some time but particularly in recent times when the economy has been suffering. He said the problem could be solved. He said it is important to show this part of the Village as retail.

Jim Burdett - 18 Lincoln Avenue - resident and landlord: Mr. Burdett stated the space has been empty for 15 months. He said Mr. Mazzola is ready to rent the space and has proved he is a retail business.

Dan Buchieri - Napa Valley Wine - North Main Street: Mr. Buchieri stated that diversity in the Village is a good thing. He said the applicant is a quality person whose business would add fabric to the community.

William Webber - 31 Monroe Ave.: Mr. Webber said it is a tough issue but he sides with the retail owners. He said it is a stretch to call an insurance agency a retail business. He thinks the space should be used as it is intended to be used.

The secretary read two letters that were received by FAX on 3/25/02. One letter was from Craig Smith from the C. Smith Agency and the other was from Craig H. Bauer, President of the C. Bauer Agency, Inc. Both letters urged the board to uphold the decision of the Building Inspector for reasons of consistency.

Member Weniger said that from an appeals standpoint, the Building Inspector's decision was correct. He said retail establishments should have people walking in off the street and not be just a destination place. Member Weniger said the business would be a great one for second floor space.

There being no further comments, Chairperson Mitchell closed the Public Hearing.

A motion was made by Chairperson Mitchell, seconded by Member Weniger to uphold the Building Inspector's interpretation of the Zoning Code.
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 3/25/02.

Findings of Fact

1. Insurance businesses are not specifically listed as an allowed use in the B1-A District.
   
2. Insurance businesses are listed specifically as an allowed use in the B-3 District of the Village Code.
   
3. As stated in Section 210-30 Purpose located on page 21028 of the Village Code, "It is the intent of the village through the establishment of the B1-A District to recognize the special significance of the Four Corners/South Main Street Business District as the physical center of the greater Pittsford Community, the historic center of retail business within the village and as the location of architecturally and historically important commercial structures.
   
4. The decision of the Board furthers the intent of the Comprehensive Plan adopted by the Board of Trustees in January 2002.
   
5. As stated in Section 210-31 A. (3) (a) of the Village Code, offices, business or public are specifically limited to full-story floor areas above the first story (street level or ground level) of a building.
   
6. According to a New York Planning Federation's Fall 2001 Newsletter article entitled Amending Land Use Regulations to Promote Smart Growth by Joel S. Russell, Esq., under Principle 4, Action B it states "Require that ground floor spaces be used for activities that will generate pedestrian traffic, such as retail and restaurants. Require that upper floors of these buildings contain a mix of apartments, offices and other compatible non-residential uses such as studios."
   
7. The applicant's business is not a bank, savings, loan or finance office. (See Use regulations, Section 210-26 A. (7) of the Village Code).
   
   

3. Napa Valley Wine - 50 North Main Street - Information Only
Present: Dan Buccieri, Owner
Discussion: Mr. Buccieri told the Board he experienced a noticeable decline in sales over the past year. To attempt to rectify this, he intends to change the name of the business and to expand his selection of "spirits". He stated that he needs more visibility from North Main Street. He would like to have a sign on Main Street, preferably a freestanding sign such as Robert's Kitchens has. He presented photos of neighboring signs. Mr. Buccieri told the Board that the directory sign for his complex is hard to read and does not offer enough exposure.

Board members discussed options for Mr. Buccieri's problem. They decided that a sign placed flat against the building on the North Main Street elevation using gooseneck lighting would probably be the best option. A 30 square foot sign on the North Main Street elevation would be allowed according to the Code, as well as a 4 square foot sign at the entrance. Board members reminded Mr. Buccieri that his current sign would not be allowed and the directory sign may not be allowed. He said he was willing to compromise. Board members suggested that before he has a plan drawn up, he talk to the landlord about modifying the landscaping along the North Main Street elevation of the building so the proposed sign would be more visible. Building Inspector Bailey will help with the process of approvals including a lighting site plan and APRB approval of light fixtures.

Building Inspector's Report
Mr. Bailey had nothing to report this month.

Member Items
Member Danko mentioned plastic flowers in front of L'Vant Garbe. He said they discourage walk-ins from the sidewalk. Mr. Bailey will check on it.

Chairperson Mitchell mentioned an upcoming seminar on the Open Meetings Law and the Genesee Valley Regional Planning Council spring training workshop to be held in Mt. Morris. She suggested Board Members consider attending if possible.

Minutes
February 25, 2002: A motion was made by Chairperson Mitchell, seconded by Member Danko to approve these minutes as amended.
Vote: Weniger - abstain, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

ADJOURNMENT
There being no further business, Chairperson Mitchell adjourned the meeting at 9:35 PM.

Anne Z. Hartsig, Recording Secretary