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Village of Pittsford
PLANNING and ZONING BOARD OF APPEALS
May 28, 2002 - Regular Meeting held on Monday at 7:30 P.M.

PRESENT:
  Chairperson: Remegia Mitchell
  Members: Linda Lanphear
Harold Danko
Sally Chamberlin
Ted Weniger
  Attorney: John C. Osborn
  Building Inspector: Skip Bailey
  Recording Secretary: Anne Hartsig
     

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:

  1. proper and adequate screening of the parking area shall be included on the Final Site Plan submittal,
  2. 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,
  3. 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

  1. This application addresses only the front parcel of 27 North Main Street and does not included the rear property.
  2. 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:

  1. Roger Powers is still working on a site plan for the grain buildings on Schoen Place.
  2. JAYA Juicery may or may not continue with their plan to open a juicery in the Wiltsie-Crump Building.
  3. 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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