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

PLANNING BOARD

1. Talbot's - 66 Monroe Avenue: continuation of Public Hearing of 5/28/02 - parking lot lighting site plan
Present: Mr. Paul Mitrano, Mike Lauterborn Enterprises, Inc
Proposed: to obtain site plan approval for parking lot lighting.
Discussion: Chairperson Mitchell explained that this application is the continuation of a public hearing held in May 2002. At that time, Mr. Mitrano was asked to return to the Board with photometrics for the parking lot. The Public Hearing was left open.

Mr. Mitrano presented three photometric options. Board members discussed each option. Board members also discussed the application for an addition to the Talbot's building that has also been left open. They determined the addition would have an affect on any light plan passed tonight. Chairperson Mitchell stated that the goal was to resolve this issue to keep the light spill away from Monroe Avenue and from the neighboring residential properties.

There were no additional comments from the public

Public Hearing Closed: There being no public comment, Chairperson Mitchell closed the Public Hearing.
Motion: A motion was made by Member Weniger, seconded by Chairperson Mitchell that based on the fact that an open, incomplete site plan application was presented to this Board by this applicant at the June 24, 2002 meeting to seek approval for the construction of an addition, the Board will temporarily allow the existing lighting to remain with the understanding that the angle of the light fixtures be modified immediately so that the light spill approaches zero foot candles on the West property line and that the lighting limits off-site spill and visibility on the South and East sides. In addition, within six months, a full lighting plan that is in compliance with the Village Code must be approved. That plan must be implemented in the subsequent ninety days. If this plan is in conjunction with a possible addition to the Talbot's building, such schedule will be modified to meet the plan. The Building Inspector will determine the compliance.
Vote: Mitchell - yes, Weniger - yes, Danko - yes, Chamberlin - yes, Lanphear - yes. Motion carried.
This decision was filed in the Office of the Village Clerk on August 26, 2002.

ZONING BOARD

1. Cyndi Weis - 19 South Main Street: Public Hearing for Special Exception Use to operate a recreational and instructional facility (yoga studio)
Present: Ms. Cyndi Weis, business owner
Proposed: to obtain approval for a Special Exception Use to operate a combination yoga studio/juice bar/retail business in a B1-A district

The secretary read the legal notice that was published in the Brighton-Pittsford Post on July 31, 2002: Please take notice that a Public Hearing will be held before the Village of Pittsford Zoning Board of Appeals, Tuesday, August 26, 2002 at 7:30 PM at the Village Hall, 21 North Main Street, Pittsford, NY to consider an application made by Cyndi Weis for a Special Exception Use to allow the operation of a recreation and instructional facility (yoga studio) in the building located at 19 South Main Street, which building is located in the B-1A Special Historic Business District, pursuant to Chapter 210-31A (1), of the Code of the Village of Pittsford. This application will be heard pending approval from the Board of Trustees on August 13, 2002 for a Special Permit to allow the operation of a carry-out restaurant in the same location."

SEQR: Chairperson Mitchell stated this is an Unlisted Action under 617.4 #9. A Short Environmental Assessment Form was completed and is on file in the Village Office.
Discussion: Ms. Weis explained that a Special Permit has been issued by the Board of Trustees to allow a juice bar in this location. She is now seeking a Special Exception Use so she can open a yoga studio in combination with the juice bar and a retail section of her proposed business. Numbers of patrons per class, proposed hours of operation, refuse, noise and parking issues were discussed. Board members suggested that the streetscape windows in the building be dedicated to advertising and the display of merchandise so that they have the appearance of retail. Member Lanphear reminded the Board that because this is the first business of this type in the Village, the Board's action on this application would be setting the standard for future applications of this nature. The board reviewed the standards for granting special exception use permits and determined that this application meets all standards as set out in the Pittsford Village Code, Chapter 210-113 (B) (2).
Public Hearing Opened: Chairperson Mitchell opened the Public Hearing. No comments were received in the Village Office. No one was present to speak for or against this application.
Public Hearing Closed: There being no one present to speak for or against this application, Chairperson Mitchell closed the Public Hearing.
Motion: A motion was made by Chairperson Mitchell, seconded by Member Weniger to approve this application submitted by Cyndi Weis and date stamped 7/23/02 for a Special Exception Use to allow a business consisting of a yoga studio, juice bar and retail store in space located at 19 South Main Street with the following conditions:

1. the hours of operation shall be between 6 AM and 9 PM
   
2. the number of persons per class shall be limited to 25
   
3. the Zoning Board will review this permit in one year

In addition, the Board requests that the streetscape windows have a retail appearance and that the applicant endeavors to hold classes at off peak parking hours.
Vote: Mitchell - yes, Weniger - yes, Danko - yes, Chamberlin - yes, Lanphear - yes. Motion carried.
This decision was filed in the Office of the Village Clerk on August 26, 2002.

Findings of Fact

1. Classes will be held in off peak parking times.
   
2. Classes will have low levels of noise.
   
3. The business meets the guidelines of the Comprehensive Plan as it applies to the historic retail district by helping to create "a new balance of uses and services" in the Central Business District (Comprehensive Plan, page 49).
   
4. Classes are limited in size.
   
5. Food service entails no cooking or cooking odors. There will be minimal refuse.
   
6. The application includes retail.

2. Todd and Meg Rubiano, 11 Eastview Terrace: construction of an open porch requiring area variances for front setback and extension of a structure on a non-conforming lot
Present: Todd and Meg Rubiano
Proposed: to build an open porch on the house front

The secretary read the legal notice that was published in the Brighton-Pittsford Post on August 14, 2002: "Please take notice that a Public Hearing will be held before the Village of Pittsford Zoning Board of Appeals on August 26, 2002 at the Pittsford Village Hall, 21 North Main Street, Pittsford, NY to consider an application made by Todd and Meg Rubiano, owners of property located at 11 Eastview Terrace, Tax Number 164.06-3-73, to construct an open porch on the front elevation of their residence which construction requires an area variance to permit a front setback of 21.8 feet where a front setback of 30 feet is required in this R-2 District and a second area variance to permit the extension of a structure on a non-conforming lot, (a lot area of approximately 9,000 square feet where a lot area of 10,500 square feet is required and a lot width at the street line of approximately 60 feet where a width of 70 feet is required) pursuant to Chapters 210-12B and 210-6D of the Code of the Village of Pittsford."

SEQR: Chairperson Mitchell stated this is a Type II Action under 617.5 #10, 12 & 13. No further review is necessary.
Discussion: Mr. and Mrs. Rubiano told the Board that the steps on the existing front porch are rotting. In addition, the landing is not large enough to stand on and still open the front door. They would like to rebuild the porch so that seating could be accommodated. An eight-foot width is needed for that purpose. Mrs. Rubiano measured the front yard setbacks of neighboring houses. The average seemed to be about 25 feet. This application approaches 22.8 feet. The Board reviewed the five factors of consideration for the issuance of an area variance. All factors have been met.
Public Hearing Opened: Chairperson Mitchell opened the Public Hearing. No comments were received in the Village Office. No one was present to speak for or against this application.
Public Hearing Closed: There being no one present to speak for or against this application, Chairperson Mitchell closed the Public Hearing.
Motion: A motion was made by Member Lanphear, seconded by Chairperson Mitchell to approve this application submitted and date stamped 8/21/02 for two area variances, the first to allow the construction of an open porch with a maximum depth not to exceed 9 feet from the foundation and a front yard set back which will be a minimum of 21.8 feet, and the second variance to allow the extension of a structure on a non-conforming lot.
Vote: Mitchell - yes, Weniger - yes, Danko - yes, Chamberlin - yes, Lanphear - yes. Motion carried.
This decision was filed in the Office of the Village Clerk on August 26, 2002.
Findings of Fact
1. There is no foreseeable detriment to the health, safety, welfare or character of the neighborhood by granting of this variance, while there is a substantial safety, and functional benefit to the applicant.

Building Inspector's Report - no report.

Member Items - none

Minutes
July 22, 2002: A motion was made by Chairperson Mitchell, seconded by Member Weniger to approve these minutes as written.
Vote: Mitchell - yes, Weniger - yes, Danko - yes, Chamberlin - yes, Lanphear - abstain. Motion carried.

Adjournment
There being no further business, Chairperson Mitchell adjourned the meeting at 10:30 PM.

Anne Z. Hartsig, Recording Secretary