Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

PRESENT; ABSENT:

Michael Short Adam Prescott

Corrine Volo Josh Artuso, Director of Community

Development

James Spampinato

John Accorso

Chris Centola

John DeMarco, Attorney

Katherine Kolich, Planning & Zoning Secretary

Erika Corsi, Planner of Community Development

LO, 2026 mecting. Today we have two items on the agenda. There are three tabled items for the

April 14, 2026 meeting. When we get to public comment period, we will limit public comments

lo tive minutes. [here are only two applicants today. E don't suspect us running long, but we

get near 10:00 this board does reserve the right to table matters at that point.

Call Roll/Pledge of Allegiance

Sununary of Application Outcomes

TABLED MATTERS

:

I. ACCESSORY BUILDING-671 WILLOW TREE LANE

SCHEDULED MATTERS

:

2) RENEWAL FOR PIGS.261 VOLK ROAD

Status; APPROVED EXTENSION OF SPECTAL USE PERMIT FOR TOTAL OF S&S

YEARS FROM DATE OF MEETING TO ALLOW THE (2) POT BELLY PIGS

TO REMAIN AS PETS; SPECIAL USE PERMIT SET TO EXPIRE ON 3/10/31 AT

WHICH TIME THE APPLICANT MUST COME IN FOR A RENEWAL.

3. GARAGE ADDITION-1068 FAWN WOOD DRIVE

© Garage addition has to be bud to carreat NYS bire aud Building Code

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Standards.

e Addition siding shall match the existing home, to the best of their abilities.

4. REALLOTMENT OF SUBDIVISION-RIDGE ROAD & BAY ROAD

5. VERIZON CELL TOWER

(Erika Corsi, Town Planner presented a PowerPoint Presentation for each application and

read inta the record)

Use Permit that is set to expire, | believe this month. Along with that, you will have a letter from

the Code Enforcement Officer stating that the properly is in good condition and there are no

concerns from him.

requesting AREA VARIANCES to allow side and rear yard setbacks less than what is required.

and to locate the building closer to the front wall-plane than the rear wall of the main building

associated with the construction of a 500 SF detached accessory building on a 0.46-acre corner

lot parcel having SBL# 065,13-2-11 located in an R-3 Single Family Residential District under

Sections 350-12 and 350-36 of the Cade of the Town of Webster

APPLICANT REQUESTED TO TABLE APPLICATION TO APRIL 14, 2026

261 VOLK ROAD: Located at 261 Volk Road. Applicant Tammy Proof is requesting a

SPECIAL USE PERMIT to allow two (2) pot-belly pigs as pets and maintain the small

outdoor area that includes fencing in the rear yard on a .30-acre parcel having SBL #078. 10- 1-30

located in an R-3 Single Family Residential District under Sections 350-41 and 350-103 of the

Code af the Tavwn of Webhcter

Appearing before the board was Tammy Proof. Lam just reapplying, | suess this is a new thing

for you guys. So, you told me in 5 years to come back. T haven't had any problems with them.

from the code entorcement officer with a letter of compliance and there were no issues. | visted

the property and you woulda’t know, Its a dug backs ad of whatever.

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RESOLUTION 26-003 Michael Short made a motion TYPE II

Volo.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mir. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

So, you would have to come back in five years.

since we haven't heard anything, J don’t think there’s any need for that.

The use will not prevent the orderly and reasonable use of adjacent properties. As I

had stated upon visiting the property, is a fenced in backyard that looks no different

than a fence in backyard that would have a pet dog or I guess cats don’t stay in

backyards.

The public heatth safety, general welfare, and order of the town will not be adversely

affected by this proposed use in this location.

The board had agreed upon this five years ago and we've not had any complaints, and

it's not been an issue, and it’s located in one single lot.

The use will be in harmony with and promote the general purposes and intent of the

most recent comprehensive plan of the town and voning ordinances: Thats true

The proposed use will not interfere with the preservation of the genera! character of the

neighborhood in which such building or use is to be conducted. That is again true but

Pee PR NEED TA, AA EE PCC

visiting the properly you are not going to know what uses the backyard and lives in the

house. [

e The physical characteristics and topography of the proposed site make it suitable for

the proposed special use, that’s true. It’s a standard residential fot with no special

equipment for it.

e And the use provides appropriate landscaping in other forms of buffering. The

backyard where they would be visible is surrounded by a fence and then there's like

privacy curtains on the edges of the fence so unless you poke your nose over the fence

looking, you are not going to know what’s in the backyard at all so. It meets all of the

criteria for a special permit.

RESOLUTION 26-004 Corrine Volo made a motion for

RENEWAL ON A SPECIAL USE

PERMIT AT 261 VOLK ROAD:

Located at 261 Volk Road Applicant

Tammy Proof is requesting a RENEWAL

ON A SPECIAL USE PERMIT to allow

Iwo (2) pat-belly pigs as pets and maintain

the small outdoor area that includes

fencing in the rear yard on a .30-acre parcel

having SBL #078. [0-1-30 located in an R-3

Single Family Residential District under

Sections 350-41 and 350-103 of the Code

of the Town of Webster of which was

seconded by Chris Centola,

CONDITIONS:

© No more than two pot-belly pigs and they will continue to be kept in the same

enclosure and in the same manner has you have been.

e = Erika Corsi: You should add no need for an interim.

¢ The permit would be granted for the full period of 5 years from this evening.

(3.10.2031 to expire)

pot beily pigs.

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jammy Proot: 135 to 2U years if they re healthy. So, | might be here another one to two umes.

Thank you very much. I appreciate you.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr Snamninaio AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

GARAGE ADDITION; Located at 1068 Fawn Wood Dr. Applicant Brian Kosel is requesting

in AREA VARIANCE to allow a side setback of 3.4ft where 15ft is required, associated with

the construction of a 407 SF garage addition on a .37-acre parcel having SBL #080.04-1-66

jocaled in an K-3 Single Fanuly Residential District under Section 350-12 of the Code ol the

Town of Webster.

Appearing before the board was Brian Kosel. We are secking a variance to widen the existing

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garage that is there by I] feet wide and 37 feet long, which is the same length as the existing

garage that is there, Basically, that’s about it.

the distance between the proposed addition and the garage next door seems to be rather narrow,

and I’m wondering if it would be a violation of the fire code, it it’s that close.

Brian Kosel; There is an 8 foot wide black top driveway neat door, So, then they are off the 10

feet as well Tdon’t know if that anewers vour questions ar

irika Corse Tdon’t have that on hand,

setback because | was concerned with the distance between the two buildings. The house at

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backyard from....in the future?

have a man door and then we also have an exit like with a patio in off of the kitchen in the

normal house, We're just going to have a garage door to open, and this is just storing basically

my personal vehicles. So, that would be it and you know......

you could also get through the other side of the property line as well. There’s an opening of ]

don't know. (0 to 15 feet there as well like on the other side

would have to take basically the living room. So, unless you had a driveway that would go

around, wrap around the house, we have a pool in the back, so there’s......you’re not going to be

able to puta, you know, like a standalone garage back there. | mean you know, the other option

would be to basically puta trailer, you Know, you could lechmeally (BOARD MEMBERS

TALKING WHILE APPLICANT IS-HARD TO HEAR) put a trailer there or store a vehicle in

a trailer, which I don’t want to do. But that would technically be an option.

like 15 and a half and then the fence itself was right on the lot line.

CAPTIONING. if we were to approve it, can we make it contingent on the building inspector

any submitted plans for building permit knowing that they'd have to follow code.

Obviously

Michael Short Uhey have to anyway.

CAPTIONING But I'm saying but at least this way we've done our due diligence even though

we don't have the answer tonight because obviously you can make iteven closer depending on

the miuiutcrnd of the structure,

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building.

CAPTIONING or in a more densely populated area. The way I was told it’s...... BOARD

MEMBERS SPEAKING ALL AT ONCE. If you had like, in more densely populated area, you

had two garages 3 feet off the property line. It’s not the six feet but they're going to want make

block instead of wood frame.

CAPTIONING The driveway looks to be over property line. If you look at the aerial...

CAPTIONING No, what other but I'm saying but when you're out there... you unless you're

really talented you can’t tell where the property...cven if there’s a fence that the fence is

properly located.

CAPTIONING . As Mike. as Mr. Short said. the building inspector and the permit erant gettine

his permil, they're going to have to prove thal. But we" make it just contingent and we've done

our due diligence.

CAPTIONING. [don’t think we're making him do any extra step that he wouldn't do even

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siding and we’re going to stay with that. They’re going to kind of use what we have and kind of

fade it in or whatever to their best knowledge.

there living space behind it.

smaller area in the back. It’s not big enough to put a car. So, what we are hoping to do is when I

expand that then I could put. you know, have like two, you know, one after another in a head and

then also have cars parked.

would be like four spaces. Like an L shape.

USING CLOSED CAPTIONING. There are cluster developments with zero fot line. It really

comes down lo you visita sile if you think it's detrimental to the neighborhood. And when I

drove by il 1 .....awell, P stopped but didn’t see how it would have a negative effeet. Like

Corrine said, if as long as 1070 is okay with it P think theyre the biggest.......... (RECORDING

HAS STATIC. CAN NOT HEAR) made aware.

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RESOLUTION 26-005 Michael Short made a motion TYPE II

Volo,

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

SPFAKING FOUD BPNOTIGH) TSING CIOSEDN CAPTIONING

e The....approving this application will not change the essential character of the

neighborhood. It's already a cluster development and there very....the side setbacks vary

between lots and housing types there. So, the essential character won’t be impacted widely.

© The applicant hast ...doesn’t really have a lot of allernates based un the exiting yard size

and the pool and the shed in the back. So. there weren't any really feasible options to

consider an alternate application or location for a garage

e The variance ts not a significant deviation from the code, and the construction of the

addition have any adverse impacts onto their property. There is a slight impact on the....at

1070 but the applicant said that they’re okay with it. So, | don’t believe there are any

impacts on the environment there.

e While it is self-created, 1 don’t think there are any other alternates to allow him to expand

his garage area.

RESOLUTION 26-006 Michael Short made a motion for AREA

Vyuou Da. Apprteaii ititit Inwout in

requesting an AREA VARTANCE to

allow a side setback of 3.4ft where P5ft is

required, associated with the construction

of a 407 SP garage addition on a .37-acre

parcel having SBL #080.04- 1-66 located

in an R-® Sinele Family Residential

District under Section 450-12 ot the Code

of the Town of Webster of which was

seconded by Chris Centela.

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property line including fire rated walls will need to be constructed is my understanding. That

the siding will match the house to the best of your ability.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

CONDITIONS:

* The applicant must obtain all necessary governmental permits, including a Town

Building Permit that you are re-installing.

e That one-year significant construction shall expire March 10, 2027

1036A Bay Road. Applicant Scott Measday is requesting AREA VARIANCES for the

following listed bolew in asseciation with a proposed re subdivision (ot Hine adjustments) of §

single-fanuly residential lots tolalling2.5-acres having SBL #s 078.18-2-9, 078.18.18-2-10.2,

078.18-2-10.1, 078.18-2-11.11 and 078.18-2-11.2 located in the R-3 Single Family Residential

District under Section 350-12 and 350-36 of the Code of the Town of Webster.

Lot 1:

® Existing Front Setback of 22.3° & 22.5° where 40° is required

e Proposed Side Setback of 8.0° or 40.7" where 15° is required

e Proposed Rear Setback of 8.0° or 40.7’ where 50° is required

e Proposed Area of 10,465sf where 2,22,000 sf is required

Lot 2:

e House - Existing Front setback

OLY. where d0 ts required

e flouse- Proposed Side Setback of 12.0" where 157 ts require

e Garage ~ Proposed Side Setback of 7.5° where 15‘ 1s required

e Garage ~ Proposed Rear Setback of 45.6° where 50° is required

e Proposed Area of 10,097s1 where 22,000sf ts required

¢ = =Proposed Lot Frontage of 90.64"

Whete LO0L007 ts required

Lot 3:

¢ House - Existing Pront Setback of 13.17 where 50° is required

e Barn Proposed Rear Setback of 8.0° where 50° is required

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e Proposed Area of 11,520 sf where 22,000sf is required

e Proposed Lot Frontage of 81.00°

where 100.00’ is required

Lot 4:

® Existing Front Setback of

27.4° where 60° 1s required

Lot 5:

* House — Existing Rear Setback of 10.4’ where 50° is required

e Garage ~ Existing Rear Setback of 8.3’ where 50” is required

e 2 Existing Accessory Structures (Garage & Barn) where only | is permitted

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VERIZON CELL ‘TOWER: Located at Lake Road and County Line Road. Applicant Robert

Burgdort for Bell Atlantic Mobile Systems d/b/a Verizon is requesting an AREA VARIANCE

for the height of a communication tower of 125ft with a 4° lightning red (129°) where the

maximum height allowed is 100ft on a 7.8-acre parce! having SRL# 037.03- 1-44 located in the

LL Large-Lot Residential District under SecUons 130-11 and 350-13 of the Code of the Town

of Webster.

APPLICATION PABLED UNTIL FURTHER NOTICE.

¢ Approval of minutes for January $3, 2026 VOLO/SHORT. |

Since there are no further applications before the Board, Michael Short adjourned tonight's

meeting at 7:30) p.m.

25 tnTebhl ae og there C WAL naw

Katherine Kolich, Recording Secretary

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