Village of Pittsford
PLANNING and ZONING BOARD OF APPEALS
May 28, 2002 - Regular Meeting held on Monday at 7:30 P.M.
| PRESENT: |
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Chairperson: |
Remegia Mitchell |
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Members: |
Linda Lanphear
Harold Danko
Sally Chamberlin
Ted Weniger |
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Attorney: |
John C. Osborn |
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Building Inspector: |
Skip Bailey |
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Recording Secretary: |
Anne Hartsig |
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Chairperson Mitchell called the meeting to order
at 7:30 PM.
PLANNING BOARD
1. Keith Miller - Canal Lamp Inn - 27 North
Main Street - site plan approval continued
Present: Mr. Keith Miller
Proposed: to obtain site plan approval for the construction
of a parking area at the Canal Lamp Inn, 27 North Main Street
Discussion: Chairperson Mitchell explained
that this is a continuation of a Public Hearing held on April 22,
2002. Mr. Miller presented site plan updates. He told the Board
that with the approval of the APRB, he is dismantling the present
garage and will relocate it on the property. It is his hope to eventually
relocate the garage to 27 ½ North Main Street. He would need
to seek an area variance to do that. APRB has given him one year
to reassemble the garage.
Board members had questions about the proposed
sign for this business. Mr. Miller said he plans to have a small,
free-standing sign directly in frontof the Beech tree on Main Street.
Building Inspector Bailey said the code allows this sign to be lighted.
Mr. Miller also intends to have canal lamps lighting the sidewalk.
Screening the parking area was discussed. Board
members decided screening would be necessary especially when the
foliage is no longer on the trees.
Public Hearing closed: There being no further
comments, Chairperson Mitchell closed the Public Hearing.
Motion: A motion was made by
Chairperson Mitchell, seconded by Member Lanphear to approve
the preliminary site plan application submitted and date stamped
April 5, 2002 with the following conditions:
- proper and adequate screening of the parking
area shall be included on the Final Site Plan submittal,
- plans for all exterior lighting including but
not limited to driveway lighting and sign lighting shall be included
on the Final Site Plan submittal. Hours the lights will be on
shall be included,
- the final site plan is subject to review and
approval by the proper State agency regarding changes to be made
to land owned by the New York State Canal Corporation.
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
May 28, 2002. Failure to comply with the Conditions of Approval
may result in revocation of said approval.
Findings of Fact
- This application addresses only the front parcel
of 27 North Main Street and does not included the rear property.
- Keith Miller is bound by the standards of
the Special Use Permit granted by the Board of Trustees.
2. Cyndi Weis - 19 South Main Street - Information
Only regarding a combined juice/Yoga/ retail business
Discussion: Ms. Weis told the Board she would like to open
a business that combines selling nutritional juices, a yoga studio
where instructional classes would be taught and the sale of related
retail goods. She said it would be a destination business and would
bring people into the Village. Building Inspector Bailey said according
to code, retail was allowed. He said a Special Permit would be required
from the Board of Trustees to sell juices in that location. He stated
further that a Yoga Studio is not a permitted use in that location.
Either the ordinance would have to be re-written to include this
use or a "use" variance would have to be granted. The
criteria for "use" variances are hard to meet. In addition,
Mr. Bailey said there would be some State Building Code Issues to
address. He said the applicant could apply for a variance from the
State since there will be no actual cooking on the premises and
because two of the walls are cement block and two are steel frame.
Ms. Weis asked why the Yoga portion of the business
wouldn't be considered a club, which is an allowed use. Attorney
Osborn said it is the charge of the Zoning Board to interpret whether
a Yoga Studio is or is not allowed. To make this interpretation,
the Board would have to substantiate why a business should be included
or excluded.
Regarding parking, Mr. Bailey stated that our
ordinance does not address parking requirements for this "combination"
type of business. Attorney Osborn said in the B-1A district, there
is only so much parking available so businesses are not required
to have more unless there is a change in permitted use. Therefore,
parking is not an issue with this potential application.
After discussion, the Board decided that they
would recommend that the Trustees pass an ordinance that will more
clearly permit uses that this applicant has applied for. The Board
felt this business is an appropriate type of business. The Yoga
classes would be small, not noisy or intrusive and the restaurant
will be largely carryout food with no preparation on the premises.
It will have an emphasis on and appearance of a retail establishment.
Chairperson Mitchell will draft a letter to the Board of Trustees.
3. Hall Associates (Talbot's) - 66 Monroe Avenue
- lighting site plan approval
Present: Chris Corrigan, Property Manager and Sam Mitrano,
Mike Lauterborn Enterprises, Inc.
Proposed: to design a lighting plan for the parking lot that
will meet the needs of the business and also comply with the Village
Code.
The secretary read the legal notice that was
published in the Brighton-Pittsford Post on May 15, 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 Tuesday, May 28, 2002 at 7:30 P.M. to consider
an application made by Hall 66 Associates, owner of property known
as tax map # 151.18-01-50, which property is located at 66 Monroe
Avenue and by Paul Mitrano, Mike Lauterborn Enterprises, Inc. as
agent for Samuel Hall, Property Owner, for lighting site plan approval
for a paved parking area pursuant to the Code of the Village of
Pittsford, Chapter 117-6, Lighting, Exterior."
SEQR: Chairperson Mitchell stated this
is a Type II Action under SEQR 617.5 C #11 & 15.
Discussion: Mr. Mitrano stated the current poles would be
cut and lowered. The fixtures will be changed from 400 watts to
250 watts. He said the light spill would be eliminated because the
poles will be so much shorter. The fixtures are shoebox style and
will shine down so there is no need to shield the light from Monroe
Avenue.
Public Hearing Open: Chairperson Mitchell opened the Public
Hearing.
John Watt - 42 Monroe Avenue: Mr. Watt stated that the front
parking lot lights shine a white light into his family room and
bedroom. He said the rear parking lot lights are very bright and
shine into his home especially when the leaves are off the trees.
He asked if the parking lot lights could be turned off at a reasonable
hour.
Mr. Corrigan said the lights are there and on
for safety and security purposes. Mr. Watt will write a letter to
Mr. Hall (the property owner) to ask if the lights can be turned
off during the night.
Board Members said they will need a photometrics
plan to show the foot-candles. The lights must be no more than 2
foot-candles at the property line and 6 foot candles throughout
the lot. Mr. Mitrano said he would strive to achieve this. Board
Members said he might have to put in additional poles or possibly
seek a variance if the goals of Talbot's cannot be met within the
stipulations of the Village Code.
Chairperson Mitchell left the Public Hearing open.
Mr. Mitrano will attend another meeting in the summer and present
a photometrics plan.
Building Inspector's Report
Mr. Bailey reported the following:
- Roger Powers is still working on a site plan
for the grain buildings on Schoen Place.
- JAYA Juicery may or may not continue with
their plan to open a juicery in the Wiltsie-Crump Building.
- Sunoco Station now has an auto showroom. Mr.
Bailey has written a Notice of Violation.
Member Items
Chairperson Mitchell spoke to the members about the Community Forum
Meeting and the possibility of relocating the High School, Community
Center and possibly the library to the Veramark building on Monroe
Avenue. Members expressed concern about the viability of the Village
if the library was to be relocated outside the central business
district. Chairperson Mitchell will draft a letter to the Town expressing
those concerns.
SEQR - JAYA Juicery
As an involved agency, the Planning Board received a letter from
the Board of Trustees requesting Lead Agency status in the matter
of JAYA Juicery application.
A motion was made by Chairperson Mitchell, seconded by
Member Danko to grant Lead Agency status to the Board of Trustees
in the matter of the application for JAYA Juicery.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear
- yes, Danko - yes. Motion carried.
Minutes
April 22, 2002: A motion was made by Chairperson
Mitchell, seconded by Member Weniger to approve the minutes
of April 22, 2002 as amended.
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 :50 PM.
Anne Z. Hartsig, Recording Secretary
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