Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Rick Conway – Vice Chairman, Clarence Greeno, Nicholas Michael, Dan Adams and Jack Orvis.
ABSENT: Ed Keith, Jr.
Others Present – Tammy Hitchcock, Matt Casey, Bill Cook, Tom Browe, Bev Browe, Julia Purdy, Ted Gillien, Kristy Hamilton, Barb Lalancette, Deb Reynolds, Barb Willis, Gordon Wallis, Kim Spensley, Kathy Hessions, Rishi Connelly, Donna Wilson, Peter Wilson, Steve Belcher, Mark Winslow, Alicia Malay, Alan Betts, Karen Jones, Christa Rulli, David Bieg, Deborah Bieg, Melanie Clerihew, Ernie Clerihew, Beth Saradarien, Laurie Pelkey, Keith Bishop, Bob Harnish, Tharon Malay, Liz McRae, David Saladino, Atty Gary Kupferer, Atty David Cooper, Abbe Dery, Jeff Biasuzzi – Zoning Administrator, Kelly Giard – Recording Secretary.
The hearing was reconvened at 7:00 PM by Stanley Markowski. Motion by R. Conway and seconded by C. Greeno to adopt the agenda as posted. Motion passed unanimously 6 – 0.
S. Markowski indicated that this was a continuation of Permit 17-38. The applicants submitted binders to the members of the Zoning Board of Adjustment as requested. Copies of this information has been available for purchase or review at the Municipal Office.
J. Biasuzzi stated that a letter was received on May 14, 2018 from Keith Bishop, which was entered into testimony.
Atty Cooper stated that there were some letters that he had composed that were also included in the April 25, 2018 binder presentation. Atty. Kupferer stated that the letters were not formally introduced and would like to add the March 8 and March 21, 2018 letters to the packets.
Developer Matt Casey presented material cut samples in the proposed colors for the Zoning Board of Adjustment to review and enter into evidence. The brick is beige and is of fiber cement. There were photos of the Fairlee store, which is of the same color scheme. S. Markowski inquired the height of the clapboard. Mr. Casey stated that this would be 6 feet. Atty. Kupferer inquired if Mr. Casey would like this statement be entered as evidence, which Mr. Casey agreed.
Ernie Clerihew, representing the Pittsford Historical Society, stated that this structure is disrespectful to the Pittsford historical character and read sections from the Town Plan to back his comments. Mr. Clerihew stated that the proposed building on the proposed site is against the Town character.
Mr. Casey also stated that there has been a new VTRANS traffic study. Mr. Saladino was present to discuss this study and stated that the counts were updated and that the counts were very similar to the counts that were obtained in 2014. The overall operations of the intersection has changed. S. Markowski inquired the progress of the VTRANS proposal. Atty. Cooper stated that the approval is being sought. D. Adams inquired why there was no traffic study conducted during the summer or fall. Mr. Saladino stated that the counts were adjusted by the VTRANS counters that are placed along the roads.
Ted Gillien stated that he is concerned with the vehicle negotiations, weight factors, and level of service and read the VTRANS Guidelines. Mr. Gillien stated that there were residents of town conducted traffic studies at the North Main Street store and came up with the following counts: May 1 – 81 trips; May 10 – 83 trips; May 11 – 76 trips; May 12 – 80 trips; May 13 – 71 trips between the hours of 3:30 and 4:30 PM. Mr. Gillien stated that he does not believe the traffic was done very well. D. Adams inquired who the “friends” were that conducted these studies. Mr. Gillien stated that they were named in the evidence that was presented.
Mr. Saladino stated that the counts and studies that were used based the store as a Variety store and not a Discount store.
Keith Bishop stated that the evidence presented at past meetings indicated that the right turn lane was 1 vehicle per hour and that most of the traffic would be entering/exiting south and inquired what Pittsford had to offer that the stores in Rutland did not have and inquired if the store would be able to sustain itself.
Tammy Hitchcock stated that there are 33 stores in Vermont and there are very few that are located in residential areas. Atty. Cooper stated that the proposed parcel is the last parcel to be developed within the village district and the Town Plan states to encourage commercial development without demolishing historic buildings. Steve Bilcher stated that he disagrees with Atty. Cooper’s statement.
S. Markowski stated that the Zoning Board of Adjustment has been hearing this permit since November 2017 and feels that the residents have been given the opportunity to speak and their concerns and statements have been respected. S. Markowski also stated that the applicants presentations have been appreciated.
Atty. Kupferer stated that everything that was presented has been entered into evidence and it is time to close the hearing. The Zoning Board of Adjustment has 45 days to render a decision. Motion by D. Adams and seconded by N. Michael to close the hearing and evidence submission. Motion passed unanimously 6 – 0.
Motion by C. Greeno and seconded by J. Orvis to enter into Deliberative Session. Motion passed unanimously 6 – 0.
There was discussion regarding the decision information posting. Atty. Kupferer stated that the Board is not required to open the hearing for this and the information will be posted appropriately.
Kelly Giard, Recording Secretary
Following the seven day comment & review period by ZBA Members, the Chairman is duly authorized to approve these Minutes on behalf of the Zoning Board of Adjustment;
Approved this __________ day of June 2018
Stanley Markowski, Chair