Planning Board Meeting
The meeting of the
Hickey opened the Public Comment period.
As there was no one present who wished to speak, Klepack moved to close the Public Comment period. Seconded by Stycos. All aye.
Charter One, Amendment to
the Tops Planned Sign Area:
Hickey stated the first item on the agenda was a proposed
amendment to the Tops Planned Sign Area for Charter One Bank. Charter One Bank is a full service bank. The Board has received a letter from Sherry
Finzer, Permit Expeditor for Total Identity Group, who is applying for signage
for Charter One Bank. Hickey also copied
members with the
Hickey stated the initial denial for the bank was because
there was no separate entrance which is required by the Sign Law. Playland was originally to have had a
separate entrance. Hickey also stated
that the bank and pharmacy did not get approval because there were no separate
entrances. Additionally, Hickey stated
all supplementary signs were limited to 25 sf.
Baranes felt the sign could be downsized if required
although it would not be as visible.
Baranes also stated he was aware that the sign might not be allowed at
all. Baranes also stated that he often
must approach Boards of Zoning Appeals to get variances because there is never
a separate entrance.
Hickey stated Charter One Bank could go directly to the
Board of Zoning Appeals.
Dubow stated the Planned Sign Area is intended to
supercede the normal requirements of the Sign Law to provide flexibility to
incorporate design solutions that enhance the visual appearance and
functionality of signage in an area to a
greater degree than strict adherence to the standard requirements of the Sign Law
would permit. The Trustees must approve
changes recommended by the Planning Board in order for those changes to become
effective.
Dankert was concerned about setting a precedent for other
businesses who might have been denied a sign in the past and would now like to
acquire one.
Hickey did not know if this would be the case. Hickey stated that Code Enforcement Officer
Ben Curtis can approve a sign where there is a separate entrance.
Baranes stated there is not a separate entrance and the
bank knew there was the possibility of no sign prior to going in.
Klepack stated that the bank is similar to Dicks and
Borders at Pyramid Mall which need to be seen from
Hickey stated the bank shares an entrance with Tops Market
and could apply for a variance for a suitable sign of 25 sf. The Planned Sign Area could be changed to
permit a sign where there is a shared entrance if the Planning Board makes such
a recommendation to the Board of Trustees and they approve it.
Stycos asked if a
sign for a shared entrance would require a major amendment to the
Planned Sign Area. Hickey stated it
could be done for the Tops Planned Sign Area as a minor amendment. Pyramid Mall, however, might then request a
similar change. Triphammer Mall Planned
Sign Area is different as each individual business has a separate entrance and
a separate sign on the façade.
Klepack stated if the sign fits within the total square
footage originally approved it would provide for advertising and visual
identification.
Leopold questioned why there is not a separate entrance at
Tops for the bank. Baranes stated none of the existing banks have separate
entrances although there are different arrangements – some are in vestibules
and some have hours different than the store.
Hickey stated he would not like to see signs displayed for ATMs only but
this is a request by a full service bank.
Dubow read from the Planned Sign Area for the Tops
plaza. The Board can consider overall criteria
which make sense and can modify the rules for this bank consistent with that
criteria. The difference would
essentially be to change the Playland sign to the Charter One sign.
Leopold asked if neither Playland nor Blockbuster were
ever built, can Charter One get the additional square footage from both
signs? Klepack noted that there is 50
sf available for additional signage and 25 sf may look too small.
Baranes stated that Total Identity Group is the designated
agent for Tops Market in seeking approval for this amendment. Tops did approve replacing the previously
approved 25 sf Playland sign and he can not say whether they would agree to
replacing both that previously approved sign and the previously approved
Blockbuster sign with one larger sign.
Dubow stated the Board can recommend taking the 25 sf originally
reserved for Blockbuster and adding it to Charter One to allow for a 50 sf
sign. In order to do this, a letter
would be needed from Tops agreeing to this.
Dubow would recommend such a letter be obtained if this is how Charter
One Bank would like to proceed. Charter
One Bank will be placed on the September 30th or October 13th
agenda. Hickey stated that Curtis would
be back on Monday and he will speak with him.
Board members were in general agreement to allow all the unused sign
area to be used for the bank. Baranes feels the bank would also prefer this
option.
Open Space Report – Stycos:
Stycos
gave the Board an update on Open Space.
Stycos has met two times with Margot Chiuten, Kathryn Wolf and Lynn
Leopold. The first meeting was to
determine the desired outcomes. The
second meeting concentrated on requesting maps showing undeveloped plots of
land in the Village. The third meeting
is scheduled for the end of September and Wolf will make a presentation after
that date.
Stycos
stated some of the desired outcomes are:
to develop tools to protect open space (zoning, land acquisition) and to
make this information available to residents; to identify open space for shared
resources; to protect Unique Natural Areas, esthetic views from sprawl; to
inventory and analyze infrastructure types and locations; to obtain GIS maps;
to survey information regarding open space; to hold public meetings; to review
proposals for Poison Ivy Point and the Crossmore Subdivision; and to bring in
as a guest speaker Bob Corby, Mayor of Pittsford.
Hickey
stated that the Newsletter will be published in mid October and this would be a
good venue for an informational article regarding open space. This would allow for those reading the
Newsletter who have an interest in this topic to make contact with the
Village. Stycos will provide Willard
with an article by Sept. 26.
Voting Requirements:
Dubow
referenced the previously distributed handout and recommended all members read
it. Dubow stated that a couple of years
ago a case was brought before the Court of Appeals in NY, regarding an appeal
where a motion to approve a variance was made but a majority of the full Board
did not vote in favor of the motion. The
question then arose as to whether since a majority did not vote for approval,
did that then mean the variance was denied. The Court ruled that the failure of
the motion to approve did, in the case of a BZA, constitute a denial of the
variance. This ruling has been incorporated into the Statutes of New York. The
Planning Board may have the same issues when dealing with a Special Permit or
Subdivision approval. If there is a
motion to approve and it does not obtain the requisite votes or a majority of
the full Board, is that automatically equivalent to a majority of the Board
voting to deny the application. The new
legislation adopted in New York now provides in the case of a Planning Board
that this constitutes no action rather than a denial of the action. Denial requires further action. Dubow stated there are time requirements,
especially in subdivisions, where action is needed by the Board by a specific
date. Dubow stated that if the Board
votes do not approve an action, then the Board must specifically vote to deny
the action or it could be deemed to have been approved. Taking no action within
the time limit prescribed by State Law can constitute approval. It is important that the Planning Board get
approval of the applicant to extend the deadline if it is not prepared to
either approve or deny an application within the prescribed time limit. Dubow stated the Board can either disapprove
the project or can get consent from the applicant to an extension of the time
limit. Hickey noted that the Pyramid
Mall expansion required 3 such approvals of extensions. Dubow stated that a majority of the full
Planning Board must approve or deny an action or it is deemed to have taken no
action. In summary, Dubow stated that
the majority of the full Planning Board is needed for action. Also, failure of a motion to approve or deny
does not in each case result in the opposite action.
Approval of
Minutes – August 11 & 26:
Dankert
moved to accept the minutes of August 11th as revised. Seconded by Klepack. All aye.
Klepack
moved to accept the minutes of August 26th as revised. Seconded by Dankert. All aye.
Other Business as Time
Permits:
Hickey
noted that there is a manual on the traffic calming course taken by Dennis
Reinhart, Phil Dankert and John Piscopo on the Planning Board shelves for use
by Board members.
Hickey
stated there was no Board of Trustees meeting for Sept. 1st so there
was nothing to report.
Hickey
stated the Town of Lansing has sent a draft Zoning Law to the Village for
review. Hickey looked at requirements
for properties abutting the Village and has found them compatible with those of
the Village. Hickey has given the Law to
Curtis. Hickey expressed an interest in
having a joint meeting with the Town Planning Board but they have been too busy
with this Law.
Leopold
distributed photographs of downtown Bellingham, Washington to show wayfinding
signs (standardized posts with round blue circles and arrows showing library,
parking, etc.), pedestrian crossings (large zebra striped), banners, center
islands with angled parking. Leopold
felt this was a very pedestrian friendly village.
Dankert
stated he and Piscopo have met regarding traffic calming ideas for Lansing
Trails and Dart Drive areas. They will
provide a report at the October 13th meeting.
Stycos
noted that Billy Bob Jacks Restaurant needs to have trees replaced as they have
died. Hickey has spoken to Gary Sloan
about them. Hickey will advise Curtis to
write a letter. There is also a need to
rebuild the fence around the dumpster area.
Lake Placid Conference:
Hickey
stated the Lake Placid Conference is scheduled for September 21st –
24th. Attendees will be
Curtis and Piscopo. Stycos would like to
go on Sunday and return Monday and will contact George Frantz about carpooling. Piscopo and Curtis will travel together.
Adjournment:
Klepack moved to adjourn at 8:35 P.M. Seconded by Stycos. All aye.