Meeting Minutes : ZONING BOARD OF ADJUSTMENT – May 4, 2020 – Draft

Zoning Board of Adjustment Members Present – Stanley Markowski – Chairman, Rick Conway – Vice Chairman, Ed Keith, Jr., and Jack Orvis.  ABSENT:  Dan Adams, Nicholas Michael, Clarence Greeno

Others Present – Kim Spensley, Barbara Lalancette, Betsey Morgan, Jerry Carbine, Bruce Pyle, Beth Saradarien, Peter Armitage, Atty. Gary Kupferer, Louis Gaudreau, Mark Winslow, Donna Wilson, Lorrie Byrum, Bruce Faulkner,  Jeff Biasuzzi – Zoning Administrator and Kelly Giard – Recording Secretary

This was a teleconference meeting.

S. Markowski, Chairman, called the Zoning Board of Adjustment to order at 7:00 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 R. Conway and seconded by E. Keith to approve the agenda as presented.  Motion passed unanimously 4 – 0.

S. Markowski opened the Public Hearing for Application 20-03, which was a request by The Pittsford Village Farm to approve the building(s) and grounds at 42 Elm Street (Parcel #0435) for use as a Community Center (for indoor & outdoor events), a Family Child Care Center, a Playground area and Professional Offices.  These are all Conditional Uses in the Town Village Zoning District.

Betsey Morgan stated that this is a 501c3 organization and is operating under the name of The Pittsford Village Farm, Inc.

Bruce Pyle, President of the Board of the Pittsford Village Farm was present to answer any questions.  J. Biasuzzi explained that in 2019 the Pittsford Village Farm received permits for small retail shops, which were permitted uses in the Town Village Zoning District.  There was also discussion at the time of the initial permitting to use a portion of the house as an area to house guest performers or speakers.  Mr. Pyle indicated that this is no longer in the plans.

J. Biasuzzi stated that the current consideration for Conditional Uses would be for the Community Center, a Family Child Care Center, a Playground area and Professional Offices.

Mr. Pyle explained that the Community Center would host large outdoor events, up to 1500 people.  Mr. Pyle stated that the Pittsford Village Farm would not be the organizers for any of the large events.  The VSO and the Paramount Theatre have contacted the Pittsford Village Farm regarding the possibility of holding events on the site and they would be responsible for security, parking, food vendors and portable restroom facilities, just to name a few.  The intention is to host no more than 6 events per year.  The current site is surveyed and it is expected to be able to hold 500 cars parked on the site.  Mr. Pyle indicated that there would be no permanent structures constructed on the site.  The stage and other structures would be set up and removed for each event.  The VSO has cancelled their plans for this summer, therefore, there is nothing planned for this summer.  J. Biasuzzi inquired if the events would be limited to warm weather events.  Mr. Pyle stated that they would be warm weather events. 

S. Markowski inquired if Mr. Pyle has met with the Zoning Administrator.  Mr. Pyle stated that he and Baird Morgan met with the Zoning Administrator.  S. Markowski read the Conditional Use provisions.  Mr. Pyle stated that there would be no impact on the town water due to the use of portable restrooms, however, there is town water on site and in the house.  J. Biasuzzi inquired if there was sewer available on the site.  Mr. Pyle stated that there was sewer available on the site.  J. Biasuzzi inquired the number of bedrooms that were on the Listers’ Card.  Mr. Pyle stated that the number of bedrooms is unknown, however, there are 2 fully functioning bathrooms in the house.  S. Markowski stated that the events inside the house would impact the town entities.  S. Markowski inquired if there would be any impact on the town school system.  Mr. Pyle stated none.  S. Markowski inquired if there would be any impact on the Municipal organizations.  Mr. Pyle stated that the has spoken with Police Chief Warfle and Fire Chief Hemple and explained the use of professional organizers that would be providing security and other necessary services.  S. Markowski inquired if there would be communication with each event.  Ms. Morgan stated that she has also spoken with Police Chief Warfle and agreed to contact the Pittsford Police Department in advance of any events.  S. Markowski stated that this would be included in the conditions of the permit.  S. Markowski inquired if there would be any adverse effect on the neighborhood.  Mr. Pyle stated that the area would be set up the day before the event and removed the day after.  R. Conway inquired the timing of each event.  Mr. Pyle stated 90 – 120 minutes of performance, then the plan for exit.  Times would be worked into the plans.  S. Markowski inquired if the events would occur on the weekends.  Mr. Pyle stated that the timing is performer dependent.  Baird Morgan stated that the timing of the events can be worked into the contracts.  Mr. Gaudreau stated that the Mountain Top Inn takes about 1 hour to exit 1000 people following one of their events.  R. Conway inquired if there has been a traffic study conducted.  Mr. Pyle stated that there has not been a traffic study conducted.  S. Markowski expressed concern of vehicles using back roads to exit and the possibility of limiting traffic down Elm Street.  S. Markowski inquired if the parking area is wet.  Mr. Pyle stated that the parking area is a level, well drained field.  Mr. Faulkner inquired the square footage of the parking area.  Mr. Morgan stated that Eric Mallette from the Paramount has reviewed and stated that there can be 500 vehicles safely parked. Barbara Lalancette is an adjoining property owner and has offered her field for parking.  J. Biasuzzi stated that the Lalancette property is not included in the permit request. S. Markowski stated that a traffic engineering study should be considered.  J. Biasuzzi stated that sections – 501-503 and 701-703 are the guidance areas and section 1003 also has information that should be reviewed.  Ms. Lalancette stated that any areas of concern can be addressed by the group.  S. Markowski stated that these areas of concern are presented as part of the application process.  Mr. Morgan stated that the Touch A Truck event that was held last year had 2 lane entry/exit off of Town Hill Road and he felt that this went smoothly, however, people were not all trying to exit at the same time. 

R. Conway reviewed section 503 and stated that the findings are items that the Board finds before the permit.  R. Conway inquired if there had been a Site Plan Review by the Planning Commission.  J. Biasuzzi stated that the Site Plan Review can be conducted by the Zoning Board of Adjustment. 

S. Markowski recommends that the Zoning Board of Adjustment recess the hearing to do a site visitation.  The Board agrees to visit the site on May 11, 2020 at 6:00 PM.  J. Biasuzzi inquired if there could also be a tour to see where the various locations would be in the house for the child care, etc.  Motion by R. Conway and seconded by E. Keith to recess until May 11, 2020 at 6:00 PM at the Pittsford Village Farm and to reconvene the hearing immediately following the site visit.  Motion passed unanimously 4 – 0.  There will be an update on the Town website for the log in and possibility of postponement due to weather.

The Pittsford Village Farm attendees exited at 8:06 PM.

S. Markowski opened the Public Hearing for Application 20-05, which is a request from Howard and Sandra Marcell (dba Marcell Oil Co.) to install a commercial propane bulk supply & storage facility in the Commercial Zoning District, on their property at740 US Route 7s (Parcel # 0844).  This application requests special Conditional Use approval under Section 301C (Interpretation of Table of Uses) as the proposed facility is not identified as permitted, conditional or exempt use in Article III; Section 300 (Table of Uses).  Marcell Oil was represented Howard Marcel, Alex Marcell.  Interested Parties:  Mark Winslow, neighbor.

J. Biasuzzi explained the project and stated that there would be proper fencing installed around a large tank.  The project meets the required setback on all sides, however, fuel storage is not in the Commercial Zoning District.  Mr. Marcell explained that this is a 30,000 gallon propane tank.  AOT has been notified and have no issues with access to the tank.  Mr. Marcell stated that his designs include widening the driveway for easier access.  Mr. Marcell stated that he currently has 7 trucks that are used for delivery of fuel oil and the addition of the propane would increase the vehicular traffic by 1 regular delivery truck and a tractor trailer unit to fill the tank, on an as needed basis.  S. Markowski inquired if the Marcell’s currently sell propane.  Mr. Marcell stated that he is looking to expand his business by adding propane.  S. Markowski inquired if bulk propane storage was allowed in any zoning district.  J. Biasuzzi explained the permitted areas and read section 301A.  S. Markowski inquired if there were any anticipated concerns.  Mr. Martell stated that there is a water supply on site and that he has spoken with Fire Chief Hemple regarding response times and training.  Mr. Marcell stated that the company would be setting the tank.  Atty Kupferer inquired the need to require an Act 250 permit.  J. Biasuzzi stated that there was an Act 250 permit obtained when the Driving Range was constructed.  S. Markowski inquired if there was a permit for the fuel building.  J. Biasuzzi stated that this was originally a home occupation, however, the company has outgrown the home occupation and the house only houses offices.  R. Conway inquired if there was a permit for the offices.  Mr. Marcell stated that there was no permit as it was residential and offices when a home occupation.  R. Conway inquired if there was a possibility of selling to customers at the site.  Mr. Marcell stated that there would be no retail sales and his company would be the sole distributors from the tank.  J. Biasuzzi stated that fuel distribution is permitted in the Commercial District and that the bulk storage is the concern.  Atty Kupferer stated that in Section 300, the bulk plant would require an industrial permit.  J. Biasuzzi stated that this would be more of a distribution and not a storage facility.  R. Conway inquired where others purchase propane.  Mr. Marcell stated Proctor Gas is one place.  Mark Winslow, neighbor, inquired if the tractor trailer was a concern.  Mr. Marcell stated that this was not a concern.  R. Conway stated that he feels that he envisions fuel storage as setting a presidence.  Mr. Marcell stated that hazmat is different for propane than for fuel oil.  Propane pricing is not consistent.  Atty Kupferer stated that Propane Distributor is specific in the Zoning Regulations and that propane is different than fuel.  S. Markowski inquired if the tanks would be purchased or leased.  Mr. Marcell stated that they would be purchased.  J. Biasuzzi stated that Mark Winslow communicated to him that the is a neighbor/interested party with no opposition. 

S. Markowski inquired the color of the tank.  Mr. Marcell stated that none has been determined but probably white.  Atty Kupferer inquired if there would be proper fencing.  Mr. Marcell stated that there would be proper fencing and hedges, etc, which are already on the property. 

S. Markowski reviewed the criteria for a conditional use.  Mr. Marcell stated that there would be no effect on community facilities; no impact on the character of the neighborhood; neighbors to the south are Mark Winslow; north Vailancourt Trees; West Country House Restaurant; the traffic impact would increase by 1 delivery truck per day and when the tractor trailer delivers, which holds 10,000 gallons; the bylaws and setbacks comply; the state regulations will be met; the fire department has been contacted; no school impact; the hours of delivery will be limited to 7:00 AM – 5:00 PM; there will be a turn around area for the tractor trailer; there was a site plot presented; no impact on noise, glare, pedestrian.  R. Conway reviewed the Site Plan Review with no concerns expressed.  Atty Kupferer inquired who owns the house, pool and garage.  Mr. Marcell stated that he owns the property. 

Motion by R. Conway and seconded by E. Keith to approve the application as presented.  Motion passed unanimously 4 – 0.

The next meeting of the Zoning Board of Adjustment will meet on May 11, 2020 at 6:00 PM at the Village Farm. 

The meeting was adjourned at 9:15 PM.

Respectfully submitted

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