DRAFT – TOWN OF PITTSFORD – ZONING BOARD OF ADJUSTMENT
MINUTES of August 26, 2019
Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Dan Adams, Ed Keith, Jr., Nicholas Michael, Clarence Greeno, and Jack Orvis. ABSENT: Rick Conway – Vice Chairman
Others Present –
Keith Maseroni, Christine Maseroni, Bill Gladski, Jeff Biasuzzi – Zoning Administrator and Kelly Giard – Recording Secretary
S. Markowski, Chairman, called the Zoning Board of Adjustment to order at 7:02 PM.
S. Markowski introduced the members of the Zoning Board of Adjustment.
S. Markowski swore in all in attendance and explained the process of the hearing.
Motion by C. Greeno and seconded by J. Orvis to approve the agenda as presented. Motion passed unanimously 6 – 0.
S. Markowski opened the Public Hearing for Application 19-33, which was a request by Outfront LLC, Keith and Christine Maseroni, who own the property for a change of use to retail sales, rentals, storage, one residential rental dwelling unit and signage for property located at 3036 US Route 7 in Pittsford Village.
J. Biasuzzi explained that this hearing falls under Article 3 of the Zoning Regulations, which is a mixed usage of building and grounds. This request is for a change of use from a home based transportation business. The Maseroni’s previously resided in the home and have moved, renovated the building to include a 2 bedroom upstairs apartment, office space for the retail sales and rentals of self storage containers.
Mr. Maseroni confirmed that they no longer live on the property. D. Adams inquired if this was a previous home business. Mr. Maseroni stated that there used to be a home based towing and equipment hauling business, now they would like to change the use to store containers for self storage. D. Adams inquired who would occupy the office space. Mr. Maseroni stated that his business would be the occupant. D. Adams inquired if these were pods. Mr. Maseroni stated that they were pods, that were stored outside and the number on site would vary, depending on time of year, with 10 as a minimum and a maximum of approximately 20. Mr. Maseroni stated that there is a possibility that there may be another office space in the future that could be rented. D. Adams inquired if there was a plot plan available for review. J. Biasuzzi stated that the requirement for the plot plan was waived as there was no change in the parking or grounds structure. Mr. Maseroni stated that there was a lot of off street parking. J. Biasuzzi presented an aerial map of the property.
S. Markowski inquired if the Maseroni’s have moved out of the home. Mr. Maseroni stated that they have moved, however, are still selling beef out of the office that is in the rear of the house, however, will be moving the entire office operation to the front of the building, as there is a ramp to allow handicap customers access.
D. Adams inquired if the apartment was rented. Ms. Maseroni stated that there is 1 vehicle that belongs to the tenant.
S. Markowski inquired how long the pods remain on the property. Mr. Maseroni stated that there is no determined time. E. Keith inquired the accessibility to the pods. Ms. Maseroni stated that there is access, however, not regular visits to the units by the renters.
S. Markowski inquired what was stored in the pods. Mr. Maseroni stated that there were personal items, tools, etc., and flammables are not permitted and there are warning stickers attached.
S. Markowski inquired where the pods were located on the property. Ms. Maseroni stated that they are visible from Route 7 and Mr. Maseroni stated that they are mainly on the back of the property as he needs room for trucks to maneuver in the lot.
J. Biasuzzi stated that the signage is part of the application, however, this is to update the past illuminated sign. There is currently a banner advertising the containers and this is not part of the Zoning.
Mr. Gladski, who is an abutting neighbor inquired the hours of operation. Mr. Maseroni stated that the business has always been 24/7 at the property when he had the towing business and now will depend on the customer needs. C. Greeno inquired if daylight hours were possible. Mr. Maseroni stated that the office would not be open 24/7 and felt that there were no issues in the past.
Mr. Gladski inquired the hours that the illuminated sign would be lit. Mr. Maseroni stated that he is willing to work with the neighbors. Mr. Gladski stated that there would be no issue if the sign is dark after 11:00 PM or 12:00 midnight. J. Biasuzzi explained that the State Highway Department dictates illumination and that the sign would be part of the Planning Commission actions.
Mr. Gladski stated that there is a gravel washout along the property that occurs every time it rains. There was discussion regarding this concern and there was no source determined.
S. Markowski read Article 5 from the Zoning Ordinance and it was determined that the request would have no adverse effect.
Mr. Gladski inquired if there would be any boats or RV’s stored. Mr. Maseroni stated that possibly in the future, however, not at this immediate time. Mr. Maseroni stated that they are using the yard as income. J. Biasuzzi stated that there is a possibility of converting the barn to storage.
D. Adams inquired the location of the storage containers. Mr. Maseroni stated that the containers would be stored behind the house, however, they are currently located more toward the front of the property due to construction in the back of the lot. D. Adams inquired the retail portion of the permit request. Ms. Maseroni stated that the container rental and sales are considered retail.
S. Markowski inquired the banner that was hung on the container. J. Biasuzzi stated that this is a “gray” area and explained that there is a permit for the container which the banner is hung.
D. Adams stated that the parking spaces need to be considered. S. Markowski explained that the office is their own business. J. Biasuzzi stated that the project must comply with Fire Marshall codes. S. Markowski inquired the number of parking spaces. Mr. Maseroni stated that there would be approximately 6 spaces available. J. Biasuzzi stated that there is also a second driveway that could be used for parking. Mr. Maseroni stated that this was an option for increased parking.
S. Markowski inquired if the ramp was within ADA regulations. J. Biasuzzi stated that the ramp was exempt and required by Labor & Industry. Mr. Maseroni confirmed that the ramp was installed to allow handicap access.
There was no further discussion or questions.
Motion by D. Adams and seconded by N. Michael to enter into Deliberative Session at 8:07 PM.
The Zoning Board of Adjustment exited Deliberative Session at 8:25 PM.
Motion by C. Greeno by N. Michael to approve Permit 19-33 with the following conditions: that the containers not be stacked higher than 2 high and that there be a maximum of 21 containers on the property, 1 of which is located at the Route 7 view line. The Zoning Administrator will issue the permit with the conditions. Motion passed unanimously 6 – 0.
Motion by C. Greeno and seconded by N. Michael to approve the minutes of the November 26, 2018 meeting, as posted on the website and as sent by the Recording Secretary. Motion passed unanimously 6 – 0.
The next meeting of the Zoning Board of Adjustment will meet on September 23, 2019.
Motion by C. Greeno and seconded by N. Michael to adjourn the meeting at 8:50 PM.
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 September 2019, by:
Stanley Markowski, Chair