The secretary read the legal notice that was published in the Brighton Pittsford Post on
October 10, 2001: "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, October 22, 2001 at 7:30 P.M. to consider an application made by Richard A. Marchese of Messala Associates for a temporary permit to allow the use and occupation of an advertising agency, a use not permitted in this B 1 Retail Business District, at 34 State Street pursuant to Chapter 210-109, Temporary permits, of the Code of the Village of Pittsford."

The legal notice having been read, Chairperson Mitchell opened the Public Hearing.

Mr. Cook explained the recent occupant history of the buildings at 34 and 34 ½ State Street, two buildings which are side by side. At the time his daughter leased 34 ½ State St., Taylor, Piston & Associates leased the building next door as office use through 2000. When that lease expired, Friday's Child expanded and used 34 State Street as a design center office. Friday's Child did not conduct retail sales at this location. When the design center option was no longer feasible for Friday's Child, 34 State Street was subleased to Mind's Eye Communications Advertising Agency. The sub-lessee was not aware this location was zoned for retail and not for offices since it had been used as office space since 1996. At one point, the building was used for the sale of tile. It therefore lost any pre-existing non-conforming designation it may have had. It would be a hardship for Friday's Child if Mind's Eye were forced to relocate. Therefore, on behalf of his tenant, the applicant is requesting a temporary permit for three periods of six months each with an adjusted date of April 30, 2003 to continue the operation of Mind's Eye until Friday's Child's lease with Messala Associates expires.

Mr. Marchese, Messala Associates said his tenants are of high character and have the best interest of the buildings and the Village at heart. He expects Friday's Child will be a long-term business in the Village. Therefore, he is strongly in favor of asking for this temporary permit on behalf of the tenants and as owner of the two buildings in question.

Board members generally agreed that as long as this was a temporary permit, there would be no concerns. If it is not allowed, there could be another vacancy in the Village. The buildings are well maintained and tidy, they are not located on, or visible from a main street and a temporary permit would allow the landlord time to find another suitable tenant for 34 State St. There are two separate leases for these buildings. Signage for the business was discussed. It would go along with the temporary permit if granted. When the permit expires, any signs for the business must be removed. Member Weniger asked if the Board would be setting a precedent by allowing a business to operate in this retail district even temporarily. Attorney Osborn said this would not be a zoning precedent because rights that go with the land are not being granted and the permit can't change hands from one tenant to another. The applicant must come back in six months to renew the permit and then again in another six months.

1. the applicant must apply again for any extensions of this permit at the end of six months (April 2002),
   
2. signs will be allowed per Code only for the duration of time that the temporary permit is valid and/or extended.
   
3. the permit is granted for Mind's Eye Communications only, the current sub-lessee.
   

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

The decision was filed in the Office of the Village Clerk on 10/22/01.

The legal notice having been read, Chairperson Mitchell opened the Public Hearing.

Mr. Jewett said this would be his sixth year of operation. All plans for the sale of trees will be the same as in the past. Board members had no objections or concerns.

A letter of support was received from Mr. Ted Collins and is part of the file.

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

1. the site shall be restored to the original appearance by January 3, 2002.
   
2. preparation and sale shall be only on private property side yard no closer than 125 feet from all property lines,
   
3. temporary signage shall not be placed in the public right of way,
   
4. no high-pressure sodium lighting shall be installed or maintained.