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

ZONING BOARD OF APPEALS

1. Lee and Anna Walter - 43 Courtenay Circle - area variance to construct an addition
   Present: Lee Walter
   Proposed: construction of an 8x10 foot addition to the rear of the pre-existing, non-conforming structure.

The Secretary read the legal notice that was published in the Brighton-Pittsford Post on 11/28/01
"Please take notice that a Public Hearing will be held before the Village of Pittsford Zoning Board of Appeals at 7:30 PM on December 17, 2001 at the Pittsford Village Hall, 21 North Main Street, Pittsford, NY to consider an application made by Lee and Anna Walter, owners of 43 Courtenay Circle, property located within an R-1 Residential District, for the following area variance: to allow a front setback varying from 66.31 feet to 65.84 feet where a front setback of 70 feet is required in the R-1 Residential District, in order to construct an 8 feet by 10 feet addition at the rear of the pre-existing non-conforming structure, pursuant to Chapter 210-9B, Dimensional requirements, of the Code of the Village of Pittsford."

SEQR: Chairperson Mitchell stated this is a Type II Action under SEQR 617.5, #9, #12 and #13. No further review is necessary.

Discussion: Mr. Walter explained that he would like to enlarge the family room at the rear of his home with an 8'x10' addition. His home is a pre-existing, non-comforming structure because the front of the house does not meet the front yard setback requirements. However, the front of the home would not change as a result of the proposed addition. A variance is required because of the expansion of the non-conformance.

Pubic Hearing Opened: Chairperson Mitchell opened the Public Hearing. There was no one to speak for or against the application. However, June Reeves, 56 Heatherhurst Drive, telephoned the Village Office on December 3rd to state that she has no problem with the variance request.
Public Hearing Closed: There being no further comment, Chairperson Mitchell closed the Public Hearing.

Board Discussion: Board members reviewed the criteria for granting of an area variance. Members concluded the addition will not cause an undesirable change in the character of the neighborhood, the benefit sought by the applicant cannot be achieved by another method, the requested variance is not substantial, the variance would not adversely effect the physical or environmental conditions of the neighborhood, and the alleged hardship was not self-created.

Motion: A motion was made by Chairperson Mitchell, seconded by Member Lanphear to approve this application as requested and as presented on the application submitted to the Village Hall and date stamped November 14, 2001.
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 December 17, 2001.

PLANNING BOARD

1. Edward F. Collins - Site Plan approval for paved parking area on Schoen Place - continued.
Present: Ted Collins and Timothy Same, Costich Engineers
Public Hearing Re-opened: A motion was made by Member Weniger, seconded by Chairperson Mitchell to reopen the Public Hearing on the basis that additional information has been received.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

Discussion: Mr. Same presented a new plan dated 12/17/01 based on the engineering report submitted by Village Engineer, Scott Harter. A project location sketch and a north arrow were added. A legend and signature will be added to the final plan as mentioned in Mr. Harter's report. On the newly submitted plan, it is noted that the proposed storm sewer and infiltration basin is intended for private use and is to be maintained by the owner. Mr. Collins stated that RG&E is the owner of the property but as the renter of the property, he would be the maintainer. To date, Mr. Collins has not received a written letter from Debra Wegman at the RG&E granting permission for this project.

Robert Corby, speaking on behalf of his parents, stated his parents support the application and think it is a good use of the property. They believe asphalt will be less noisy and the drainage will be better than the material currently used. Mr. Corby reminded the Board that screening of the lot is required by Code and that it is reasonable to expect that the maintenance of the fence along the lot be the responsibility of the renter. Mr. Collins said replacement of the fence would be a different matter. Mr. Corby said it would be Mr. Collins responsibility to replace the fence under the Village Code.

Mr. Collins asked the Board their opinion about the use of cinders rather than asphalt, should the cost be prohibitive. A phased approval within a reasonable time frame was discussed. Differences in grading and alterations to the drainage were also discussed.

Member Lanphear stated that this application was made for a specific site plan using asphalt and including a retention pond. She said this is the application the Board should consider rather than the other options suggested by Mr. Collins.

Board Members agreed that a letter would be sent to Mr. Collins stating that the Planning Board agrees in principal with the plan for improving the parking lot. However, in order for the application to be complete, Mr. Collins would have to supply the following:

1. a copy of written approval granted to him from the RG&E for this project,
2. a written statement in which Mr. Collins agrees to maintain the screening, trees and brush on the property as required in Chapter 210-81 of the Village Code,
3. a written statement in which Mr. Collins agrees to comply with Chapter 210-81 of the Village Code regarding lighting of the proposed parking lot and in which he agrees to a review by the Planning Board if any changes to the current lighting are made,
4. written clarification of the proposed plan relative to timing of the project and materials to be used.

Motion: A motion was made by Member Weniger, seconded by Member Danko to approve drafting and sending a letter to Mr. Collins stating the above items that need to be submitted to complete this application.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

BUILDING INSPECTOR'S REPORT
Mr. Bailey discussed DiBella's Old Fashioned Submarines briefly and reported to the Board that the application would be presented in January when the plan is more complete.

MEMBER ITEMS
Chairperson Mitchell handed out a brochure for training sessions for interested Board Members. A brief discussion regarding a possible zoning change for the R-4 district was held. This will be an agenda item for January 2002.

MINUTES
November 26, 2001: A motion was made by Chairperson Mitchell, seconded by Member Weniger to approve these minutes as written.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - yes, Danko - yes. Motion carried.

December 3, 2001: A motion was made by Chairperson Mitchell, seconded by Member Danko to approve these minutes as written.
Vote: Weniger - yes, Chamberlin - yes, Mitchell - yes, Lanphear - abstain, Danko - yes. Motion carried.

ADJOURNMENT
There being no further business, Chairperson Mitchell adjourned the meeting at 9:15 PM.

Anne Z. Hartsig, Recording Secretary