Ne 7
WEBSTER ZONING BOARD OF APPEALS MINUTES
Webster Town Board Meeting Building 1002 Ridge Road
December 9, 2025
7:00 pm
ABSENT:
Michael Short James Spampinato
Adam Prescott
Corrine Volo
Chris Centola
Anthony Moscaret; John Accorso
John DeMarco, Attorney
Katherine Kolich, Planning & Zoning Secretary
Josh Artuso, Director of Community Development
Erika Corsi, Planner of Community Development
Good evening and welcome to the Zoning Board Appeals meeting for the
December 9, 2025 meeting. We have one item, well, we have two items on the agenda for this
evening. I have here the legal publication that went out.
Call Roll/Pledge of Allegiance
There is one item that is on the agenda 438 McEwen Drive. We are going to
table that until the January meeting.
Summary of Application Outcomes
TABLED MATTERS
:
1. CARPORT-438 MCEWEN DRIVE
Lisa McBride
TABLED TO 1.13.26
2. SHED-1140 BROOKTREE LANE
Bryan Weise
APPROVED WITH CONDITIONS- Applicant is required to obtain a license
agreement with Town of Webster Highway Department.
SCHEDULED MATTERS
:
3. ACCESSORY BUILDING-671 WILLOW LANE
Bryan Bishoping
TABLED TO 1.13.26
(Erika Corsi, Town Planner presented a PowerPoint Presentation for each application and
read into the record)
Pg. 206 December 9, 2025 Zoning Meeting
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Located at 438 McEwen Drive. Applicant Lisa McBride is requesting AREA
VARIANCES to allow a front setback of Oft for a carport where S5Oft is required and a front
setback of 20ft for a deck where 5Oft is required, associated with an existing carport and deck on
a0.41-acre parcel having SBL#093.06-1-27 located in the R-3 Single-Family Residential District
under Sections 350-12 and 350-38 of the Code of the Town of Webster
APPLICATION WAS TABLED TO JANUARY 13, 2026
Located at 1140 Brooktree Lane. Applicant Bryan Weise is requesting an AREA
VARIANCE to allow a shed in the front yard of a corner lot which is not permitted, located on a
0.4-acre parcel having SBL# 065.05-1-99 located in the R-1 Single Family Residential District
under Sections 350-10 and 350-47 of the Code of the Town of Webster.
The applicant did not put the shed there. It is pre-existing.
Can I just have clarification because I spoke to Mr. Artuso. I know there was
some delay. The application fee was in fact finally paid so we’re all square to have the meeting
this evening.
Appearing before the board was Bryan Weise. I can’t read that, but I'll just give you the gist of
what’s going on. I purchased the house in 2021. I’ve been living there for about 10 years.
There’s been about five total transactions from the conception of the shed. The shed was built
on the property in 1984. It’s never been flagged through any of the conveyances of the property
or sales. Ultimately, it’s in a section of the yard that’s unused. It’s covered by a line of arborvitae,
so it’s very tucked away from everything. It’s been there since 1984 and there’s never been an
issue with that side of the property at all. Nobody has ever need access to it for power line work
or anything like that. It’s not moveable or else this would have been taken care of already. And
ultimately it, you know, it houses my children’s bikes, our kids toys so that they’re not sprawled
out, you know, across the yard and everything like that and lawn equipment. So, I use it. It’s
pretty, you know, utilized for my property. It doesn’t seem to be an eyesore bothering anybody.
And again, it’s been there since 1984. So, I’m hoping that we can, you know, allow it to stay so
I don’t have to pay to get it removed. And yeah, if you guys have any other questions or need
any other information, just let me know. Like I said, I couldn’t read that from here. So...
That’s fine. Thank you. That was very good. What cause I mean, J understand
it’s out of compliance what caused this to become......
Great questions. I had a neighbor call the town on me because I had an unregistered
vehicle in.my driveway. I had my landscape trailer in my driveway, and J have a snow plow for
my truck that was parked there. So, they were unhappy with the way that my yard looked. Not
to get too much into that, but I quickly remedied every issue that I could other than the shed
- because my only option right now is to tear it down or go through this process. So, we’ve been
going to court for this for, you know, what Mr. DeMarco, 2-3 months now, something like that.
Pg. 207 December 9, 2025 Zoning Meeting
Nene eel
So, I was trying to get out of the fiscal responsibility because to me, it should have been caught
through the many transactions on the property on both sides of the transactions. As real estate
goes, they should have been remedied already. Obviously, I bought the property. So, like DiSalvo
said, I bought the problem. Um, but other than the shed being relocated or tore down, I’ve
remedied anything on the property that was causing an issue for any one of my lovely neighbors.
As far as I know, those statements are accurate. I’m not aware that there’s any
other I didn’t recall how the attention was originally brought, but that makes sense to me. To the
extent that it’s relevant, you know, the applicant is accurate. It was either he had to self-remedy
the issue or come before the board and we have indicated to him that if the board obviously grants
the variance, then the prosecution will be nullified.
Eric, can you confirm that. I’m assuming that code enforcement had went out
there initially and they’ ve confirmed that all the other violations have been remedied.
Yes, that’s correct. This is the only remaining.
Okay. Thank you. If you don’t mind me asking where...I’m assuming you have
a place that you are storing your landscape trailer and plow and other items.
The plow’s on my truck and the landscape trailer if. It’s not like a huge commercial
landscape trailer. It’s a 5 x 8 that I keep my personal mower for my personal property on. So,
it’s on my property and J had another trailer that was also parked on the front yard. IJ tried to tuck
it away in the nicest spot that I could. Like I said, there’s a line of arborvitae, so it works as kind
of like an outdoor garage, or at least that’s what I looked at it as. So, I had everything nice and
neat in the side yard pretty much away from everybody’s view. I’ve moved those to a different
location to store them. J had a jet ski and boat back there as well and moves those as well. So,
the only thing that’s on my property are the things that I keep on my truck or to service my
property. Now, all of it is register; all of it is legit; so, it should not be any issue for the small
trailer that I have there now, but I have it in a proper place.
I appreciate that. Thank you. Other questions from the board?
And again, to the extent that when he...when the applicant bought the property,
it should have been identified by council, and they should have forced the seller to produce a
variance. That didn’t happen and once the deed closes, it merges and it becomes the applicant’s
problem. Not a pleasant situation for the applicant to accept, but from the judges perspective and
our perspective, he kind of got caught holding the bag here.
Buyer beware unfortunately. You do as much due diligence as you can and
unfortunately, as John said, you got caught hold the bag at this point. Erika, there is also another
component that it is in an easement. Is that correct.
Pg. 208 December 9, 2025 Zoning Meeting
That is correct. The survey that we have on file from the town is from I believe 1980
27? One moment,
I want to say it’s 1982 or something like that because I went to the town to ask for
that info as well. It hasn’t been updated in a while.
The shed isn’t on here. And if it was 84, the shed would have been on here.
So, this is from May of 1988 which indicates there is a 30 foot drainage easement in
the front yard, which unfortunately is where the shed is located. That would require a license
agreement with the Highway Department because that is their easement.
What? Drainage pipes or sanitary or not sanitary, but it’s drainage pipes
underneath. Is that what it is?
It’s drainage yes, for the storm.
In the event that shed has to be disabled in somehow in some way, excuse me,
relative to addressing drainage. Is that something that’s going to be opposed to you or if this
thing, if it ends up needing to get taken out?
I guess my follow-up question would be is where would the fiscal responsibility
come in for that project? If I was to be billed for the town to have to come in in the very small
space that it intercedes, then yeah, I wouldn’t be happy about it, but I would probably be notified
after the fact as well. Again, it hasn’t been touched since 1984. There has never been a need to
get access to that point. So, [hope that it will never come up, but I’m not emotionally tied to the
shed. Iam emotionally tied to the money that goes to my children.
Erika, did you say that this map was drawn up in 1988?
Correct.
And the shed has been there since when?
So, I don’t have a building permit for the shed, but I looked back on the layers of
Google Earth and 1984 is the first year that you can see the shed on the property from the satellites
of Google Earth.
Doesn’t that predate the easement even?
Pg. 209 December 9, 2025 Zoning Meeting
QC
Yes, sir. EVERYONE SPEAKING. There is a creek that runs through the property
that I’m assuming the waterway goes and that’s what connects to the easement. There is a natural
creek that runs through my backyard at that angle. I wasn’t familiar with easements or any of
this stuff when I bought the property.
So, going back to John’s question, right? I mean, a lot of times, I mean we’re in
a little bit of a unique situation. A lot of times, you know, you put something up in an easement.
Whether it’s landscaping, whether it’s a building, and if the agency that needs to do work in that
easement. It’s their easement, they theoretically have the right to tear it down, do their work, and
walk away. And then you’d be stuck holding the financial cost to rebuild it, right. Is really what
it comes to...
Yeah, I’m not worried about that. If that’s what you’re wondering. Like I said,
I’m not going to sue the town over the shed getting torn down. But if they came to my house
because they needed to check for a leak or something and tore it down and then handed be a bill,
I wouldn’t be happy with that. But no, I’m not going to over this at all.
I can’t speak for the town. BOTH PARTIES SPEAKING AT THE SAME TIME
Yeah, hypothetical, If they need access, I’m happy to allow them access, if that
answers the question.
I guess, do we know there are pipes there or is it just access.
In speaking with the highway department, there are pipes theré. So, in the évent that” ~~
they needed to do any work to those pipes, yes, they would be able to come in. If the shed had
to come down, they would tear it down and that would be that. So, but my understanding is there
are pipes there.
Because the only reason they would need that is if they were replacing or ...
Or cleaning
Well, cleaning they don’t even need to do it either. BOTH PARTIES SPEAKING.
Cleaning have access other points. The only reason they would need to remove the ......replacing.
Via repair or just because it was time to put a new one in. So, you probably got a good normal
wear tear at least 15 or 20 years from an everyday issuance uh, occurrence versus an emergency
one. I’m just trying to figure out the likelihood of them needing to do that.
Are there notable plans to be replacing any of the pipes in that area in the
foreseeable future?
Pg. 210 December 9, 2025 Zoning Meeting
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That would be something you’d have to discuss with the highway department.
They’ re in charge of the drainage easements. So, the board cannot speak to that, and I can’t speak
to that. It’s just. It’s really just a formality for those so that the homeowner is aware, you know,
this portion unfortunately of your property belongs to the town so they can do in there when they
needs to.
Well, and we see this situation with corner lots all the time. A, you’ve got 2
easements going through your property, one through the side yard and one through the rear year.
So, even if we were to encourage you to relocate it behind the house, you are in the middle of a
drainage easement. There’s really no good location. And while it’s in the front yard or in front
of the rear line of the house I’m going to say it isn’t, it isn’t as I look in front of the house, it’s
behind it, but because BOTH PARTIES SPEAKING you have such a spot, it’s in the front yard.
And there’s significant screening.
And there’s...that’s really the most logical location because of all of the hedge row
around it.
BOTH PARTIES SPEAKING... Driving by and you don’t really see it.
No, I was actually going to second that. If he was coming here to build a shed, I
would have to think that logically we would be discussing somewhere in that corner anyways for
him to, you know, possibly put it up. Honestly, looking at the yard.
No, as long as he......he seems to be aware that if DPW needs to access or replace
or repair the pipe, the shed may not be long.
I will open it up to the public. If there is anyone wishing to speak for or against
this application. Seeing none, J will return it back to the board.
[have a legal question, Just, you may sell the property at some point. I don’t know
what your plans are, but some. new owner comes in he’s not aware... He’s got a variance at this
point, if we approve it. He’s not aware that there’s ......that the town might come in and or they’d
have to... mean, they wouldn’t do it arbitrarily, but if they have to go in for to correct the sewer
issue. Is there any way we can put any kind of caveat on the approval that says if the town is
forced to tear down the shed, they won’t be responsible for replacing it.
So, I can speak to that. If the board approves the variance, this evening, the applicant
has to get a license agreement with the town highway department. Which would indicate that in
the event of repair or replacement the applicant recognizes that the town is able to go into this
area of the property and replace that under the ground is within their easement. So, this is kind
of step one and step 2 is to get the signing from the highway department indicating. We ‘re aware
that this is in our easement and this is how we are going to proceed forward.
Pg. 211 December 9, 2025 Zoning Meeting
Nn enna
Thank you. It’s funny. I was originally one of the comments I was going to make
was when the shed is no longer viable that it doesn’t get placed in that location but to your point
Corrine, there is no other place on this property to place a shed realistically. Without it being in
an easement.....
or without it being much closer to the street.
RESOLUTION 25-0081 Michael Short made a motion TYPE II
Chris
Centola
VOTE:
Mr. Short AYE
Mr. Moscaret ABSENT
Mrs. Volo AYE
Mr. Spampinato ABSENT
Mr. Prescott AYE
Mr. Centola AYE
(CORRINE VOLO )
1. This request is not out of character in the neighborhood: The shed has been there for 40
year so it’s part of the character of the neighborhood and there’s a lot of sheds in that area.
Given that it is a corner lot, there’s really not any other substantial, really no other method
of placing a shed based on the location of the drainage easements and also the configuration
of the house within the lot. That kind of I the only place it’ going to be able to go.
There will not be a detriment created to nearby properties:
The benefit is not achievable by any other method: Not achievable by any other method.
It’s semi-substantial in that yes, it’s in the front yard, but
the house has 2 front yards and it’s...1f you draw the line, the rear line of the house, it’s
behind the from, sort of kind of behind the house, but considered the front yard. So, it’s the
logical location.
5. There are no adverse physical or environmental impacts to the site or neighborhood: None,
' with the understanding, that itis currently over a drainage easement and if that easement
needed to be torn up for some reason, the applicant is aware of that, and the shed would
have to leave.
6. The difficulty is not self-created: Is not self-created in that the shed was installed many,
many years ago, long before this applicant was in this house.
7. This is not an undesirable change:
Pwd
I just want to re-iterate that this is an existing non-conforming condition that the
owner inherited if you will when he purchased the house and you know, any motion here will
either rectify that pre-existing condition or not. And the fact that the shed is hidden well behind
mature vegetation. .
Pg. 212 December 9, 2025 Zoning Meeting
Le
Do we typically have the approvals conditioned upon the execution of the
licensing agreement.
That can be a condition of approval. If the board chooses to do so.
Bryan Weise; Do you mind if I ask a question about that. So, if the board approves this and then
my next step is to get a licensing agreement from the town, right? So, let’s just say that they don’t
agree to it and then I’m responsible, right? To remove the shed.
That would be correct.
Then what’s the point of the contingency?
It’s there....this board here, only has to vote to give’ you a variance. This board
will vote on that variance either yes or no. If we say yes, there is another component that we don’t
control. So, we want to put the contingency on to go to the next step, right. J mean and don’t then
it gets revoked or it never gets applied and two if the DPW doesn’t give then it gets applied as
well. It’s my understanding that conversations have occurred; at least initial conversations is my
understanding.
We have spoken to the highway department based on the vote here tonight. They
will come to your property to review the easement and then go.
So, do I need to contact them to initiate that or to start the application process for
license agreement?
Based on the decision here tonight you will get an email from me tomorrow or later
this week with the next steps and how to move forward.
It’s not an application process.
No, it’s not an application.
There’s going to be a licensing agreement produced for you to take a look at and
decide whether or not to agree which is...essentially now that you’re aware and the town’s going
to allow it that you’re also aware of the fact that the town has the rights at that location of your
shed and that you’re acknowledging the town has those rights. I don’t think that the licensing
agreement has within it that if in fact that shed had to be removed or destroyed it is at your cost.
But you will be working with my office, and we’ll take a deeper dive into that. What we don’t
want to do here is if the board approves it then kind of allows you to stall that process because
you’ ve already obtained the variance, so we make it a condition, so you continue I good faith like
you are now. We’ll get this last piece of the puzzle resolved and put the matter to bed. It’s also
going to be better for you if there comes a point in time when you sell the property that the records
Pg. 213 December 9, 2025 Zoning Meeting
nee]
complete so that when your lawyer turns to you and says we have to produce these documents or
he won’t say that to you because they will go on to the town file and it will all be there.
So just, to cover my axis if my approval here is contingent upon DP what is it W the
water authority or whatever...
The highway department
If my approval here is denied, denied through the highway department
It’s not an application, it’s an agreement. It’s not approval process and is it highly
unlikely that there’s anything in that agreement that you’re not going to agree.
I thought I agreed to that here and the podium when you guys asked if J agrrr3 to
that or not, so I just thought that wase done.
It’s just kind of a licensing agreement where it’s going to lay out the rights of the
town if they have to come in and you’re just going to acknowledge, yep, I’m aware of it, sign off
on it, and it may not ever come to fruition unless there’s a problem with those pipes.
And yeah, I mean, you agreed to it with this board, but the licensing agreement is
a legal document that outlines it.
I think the confusion may have been we use the word approval verses just him
accepting the agreement.
Yes, ’'m just looking for definitive answers here. I’m assuming there’s a fee
associated with the licensing agreement.
I don’t think so.
I will have to double check that and get back:to you with a short answer.
Then yeah, I’m cool to move forward, and we’ll do so in good faith.
RESOLUTION 25-0082 Michael Short made a motion for AREA
VARIANCE Located at 1140 Brooktree
Lane. Applicant Bryan Weise is requesting
an AREA VARIANCE to allow a shed in
the front yard of a corner lot which is not
permitted, located on a 0.4-acre parcel
having SBL# 065.05-1-99 located in the R-
1 Single Family Residential District under
Pg. 214 December 9, 2025 Zoning Meeting
VOTE:
CONDITIONS:
Sections 350-10 and 350-47 of the Code of
the Town of Webster which was seconded
by: Corrine Volo.
Mr. Short
Mr. Moscaret
Mrs. Volo
Mr. Spampinato
Mr. Prescott
Mr. Centola
AYE
ABSENT
AYE
ABSENT
AYE
AYE
e 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 December 9, 2027
e Applicant is required to obtain a license agreement with Town of Webster Highway
Department.
Located at 671 Willow Lane. Applicant Bryan Bischoping is
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
4y associated with the construction of a 500 SF detached accessory building on a 0.46-acre corner lot
APPLICATION TABLED TO JANUARY 13, 2026.
RESOLUTION 25-0083
VOTE:
parcel having SBL# 065.13-2-11 located in an R-3 Single Family Residential District under
J Sections 350-12 and 350-36 of the Code of the Town of Webster.
Michael Short made a motion TO TABLE
APPLICATION TO JANUARY 13, 2026
which was seconded by: Corrine Volo,
Mr. Short
Mr. Moscaret
Mrs. Volo
Mr. Spampinato
Mr. Prescott
Mr. Centola
AYE
ABSENT
AYE
ABSENT
AYE
AYE
Pg. 215 December 9, 2025 Zoning Meeting
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ADMINISTRATIVE ITEM:
e 478 Lakeview Terrace-Anthony Ottaviani is requesting to amend a condition of prior
variance approval.
I have a quick question; you had made a motion to table
438. Did you want to do
the same thing for 671 Willow Lane. So, the administrative matter on the agenda tonight is for
478 Lakeview Terrace. (ERIKA PRESENTED POWERPOINT ON 478 LAKEVIEW
TERRACE)
I] be honest, I’m a little frustrated that this is coming back to the board. There’s
definitely been changes. Does this board agree to conditions and one of those conditions being a
window; another being the square footage. Now this board, as we made that condition actually
made a something non-conforming because the minimum square footage of a family in an R1
district is 1,440 square feet and we made the condition that this would be right around 1300
square feet, if I remember correctly.
1366
Thank you. So, we were making it 80 square feet smaller than what was....what
is actually permitted per the zoning. So, ....
One more thing, Michael to that point it is the recommendation to remove that
condition because it does create a nonconforming parcel or I’m sorry, a non-conforming
dwelling. So, I'd like to let the board know that.
On one hand, shame on the board for putting that condition on but the other
condition of the window is something that could be easily rectified with the design of the house.
I did recently find out that permits went in prior to coming to the Zoning Board. This board was
not privy to the floor plans of the house. So, on one hand we have a house where conditions were
put on and the applicant decided to one market the house at a larger size and disregarded what
condition this board put on. So, again for me I have a level of frustration with that. Now, one of
the other conditions, the applicant and the homeowner have agreed to, the neighbor have agreed
to change the vegetation. I believe we’ve called for evergreens or arborvitae to be installed. The
neighbor and applicant have discussed and to plant lilac’s if Irecall. So, I’m glad that there were
discussions for that component, but I don’t know, if anybody on the board has any other
questions or comments or ....
What brought the matter up?
So, the changes came up as the applicant indicated they have found a buyer for the
home, and they wanted to make some alterations to the house to suit their needs as a family. At
that point, I indicated to the applicant that because his approval were conditioned, he had to
Pg. 216 December 9, 2025 Zoning Meeting
_
come back to the board to get those amended. This began, I believe, at the end of October. So,
one we received the updated plans, and we put it on the agenda as an administrative matter. So, it
arose from a buyer indicating they needed changes to the home.
And there was never a home. We never ordered or did anything other than
showing the 1500 so that you could see it. There’s nothing ordered. We haven’t built. We
haven’t done anything.
I guess that’s one of my questions, is this proposed home-lot has been on Zillow
for like three months now as a 1500 square foot 3 bedroom, 2 bathroom home so even as
advertised.
It’s actually been on Zillow for 7 months now. It’s something we’ ve....my
realtor and I have discussed, and we just left it up because we haven’t sold the house.
So, it’s the home and I understand the home on Zillow is just a facsimile of an
example of a house that would be on that particular lot. But so, this....the changes precipitated
from a potential buyer who is not quite in favor of the layout that was originally brought before
the board.
The future buyer asked if we could increase the square footage. I in turn said
I will find out. I went and met with Erika, talked with Erika and we said without getting outside
of our approved variance, you can go to 30 feet is the maximum. We then went to Brian at
McMahon LaRue and got everything situated to the map, the current map that you have, just to
make sure we stayed within the variance. That precipitated everything that you see to date.
There has been nothing ordered or we don’t even have a signed contract yet because everything
is percipient on this being approved and the future homeowner is in the gallery today for this |
purpose because I had stated, you know, come. We’re within out guidelines. We...I did my due
diligence way before this meeting, and I did everything that was asked.
So, could you put those side to side. Right, the requested modifications.
ALL BOARD MEMBERS SPEAKING | |
There’s 4 total.
No, just these 2 show the changes......
How many changes are there?
We moved the driveway from going into the side to go forward; we put a
front porch; and we just extended the house from 274 to
30. Pg. 217 December 9, 2025 Zoning Meeting
ee)
| oveennTDO NS
Right. It’s just deeper. That’s not any wider.
No, it’s not any wider. Everything is the same. It’s from the original
variance. We did not exceed the variance.
The amendments that are needed are based on the square footage of the total livable
floor area, The fact that the applicant and the neighbor have a written agreement which is
supplied to the board indicating that they will plant. I believe there were 5 different options that
they had agreed upon and then the final one was the condition that the house had to be...could be
no longer than the
17. Michael Short: And the window.
* Erika Corsi: And the window, correct on the east side of the house.
And the window is for safety. You have to have an exterior window for a bedroom
for fire code.
Right, but your layout doesn’t have to be the layout it is.
Well, and I’m trying to remember because it was a while ago. Why did we
condition it that there be no window.
It was a compromise with the neighbor.
Okay, but it’s on the garage side of the house of the neighbor.
And that was just to, you know, appease our neighbor and she and I have had
numerous conversations, and she was opposed to the arborvitaes. That’s what spurred all of this.
HARD TO HEAR APPLICANT SPEAKING, BOARD MEMBERS SPEAKING AT THE
SAME TIME. On the arborvitaes. She didn’t want them. She didn’t mind the window, but we
were just... whatever we needed to do to make it, you know, appeasable for everybody.
This is an administrative matter so it’s not open to the public.
Is there anyone here.
Does anybody want to speak for or against this. I mean; I guess I can open it up.
Does anybody want to speak to the project. No, okay, that’s fine.
This window right here in bedroom two, you go to the floor plan.
Pg. 218 December 9, 2025 Zoning Meeting
nes
No, look, we didn’t have to , but if there was opposition, which there isn’t from
the community. I think it’s a mood point. I’m assuming from a prospective buyer, you’re in
support of the application. So, we are good there.
That’s the new window in bedroom 2 that was not there.
Yes, the one that Erika is circling there. That’s the window there.
And the neighbor that wants the plantings is the same neighbor that’s on the side
of the window or they’re on...
Correct, it’s the same neighbor. Now, because that lot has been a vacant lot for
so long her concern was privacy in her backyard, because we had to provide a variance for side
setbacks if Iremember correctly. So, part of this was providing a level of privacy and part of
the condition of not having the window there so nobody would be overlooking her yard, if you
would, so that in combination with the vegetation, now we picked or provide, but that in
combination with the vegetation was the compromise that the applicant agreed to for the property
~ and this parcel.
Representation is now that the neighbor is accepting of the window as long as —
the arborvitaes there.
She never had a probe with the window. We extruded the window from the
original plan just to be accepting of her not wanting anything on that side.
Did you...you don’t have anything recently from the neighbor confirming what
you’re representing.
Yes, we submitted a letter from the neighbor.
She was aware that the board, more or less at its own volition, made sure that
there was no window . She’s aware of that but she’s okay with a window.
She is okay. Verbally, we have a letter stating the vegetation. That’s in
writing. VERBALLY, we discussed the window. She doesn’t care about the window because
the window is actually against her garage. Where the window’s placement, that’s her garage.
The back bedroom, that would be the one that would infringe upon her backyard
privacy. That window’s out to the rear. So, it’s not going to be an issue.
It’s a ranch so it’s not like your looking down at the house. More importantly,
we....the board made a decision that....well, if we were presented with this...............
Pg. 219 December 9, 2025 Zoning Meeting
ne)
BOTH PARTIES SPEAKING
The layout would be completely changed to accommodate the boards...other than
the you know, the minimum square footage that we also implemented but we could you know,
they could easily rearrOOange the layout of this.
I want to clarify; there was no malicious intent here at all. The only reason
the first plan that you say was a plan that was just one of our initial plans. It wasn’t anything
outside of that.
I appreciate that. The issue is, we review documents. We assume those
documents are the documents that are going to be moved forward with and when there is a....I
mean, I’m saying significant change, right? Square footage changed, the garage size changed, the
location of the driveway changed, the location of or the size of the front porch changed, the fact
that there’s now a window where this board said don’t put a window. Put yourself in my shoes.
You kind of see where all this goes, right? So, I appreciate that there is no malicious intent. We
voted on what we saw. You agreed on what we...I mean we had a discussion at that point. You
agreed to those conditions and now we’re seeing something different. For me, It’s a little
frustrating. Again, I think I have all the information that I need.
Well, frustrating but understandable. We see this with a lot of lots. Beaver Creek,
Bear Creek. We had a couple of lots where every time somebody looked at the lot, a different
plan came back and different setbacks.
Makes sense and I understand if you’re not a huge developer that you’d put what
you think is the most likely to sell versus the largest that I could possibly fit on the lot. Asa
designer I would normally just put the largest, I could get knowing that anything else would
probably be smaller, but that’s just my way of thinking but like I said, I don’t really see anything
nefarious about anything that assuming that this is a legitimate offer and 6-8 months from now
he comes back with something else.
I am going to ask the buyer in the audience, is this a legitimate offer if tis all
moves forward? Nodding the head yes, thank you. I appreciate it. Any other comments from
the board?
Was this a......[ wasn’t here for the original . Was this proposed to put up a spec
house like this or was this just like why come on a what if and then because if I’m a buyer and I
do want to change he came in here on a what if not like I’m building the spec and then now he’s
got to deal with the original plan. I guess I’m just confused.
I don’t remember it being presented as a speck house or either. Right, I mean so
I’ll be honest. I don’t know. The plans were presented to us and we reviewed it. We conditioned
and move forward with it is what it comes to.
Pg. 220 December 9, 2025 Zoning Meeting
Nn eter ate!
Corrine Volio; Well, one of the issues we discussed at the meeting was that based on the size of
the Lake View used to be like a cottage community. So, the lots are all quite small and no matter
what was going on that lot was going on, that lot was going to require a variance unless you
build a tunnel house.
A 900 square foot small house.
~ Michael Short: Alright, because it’s an administrative matter, and we have already done SEQR.
I’m assuming we don’t have to do SEQR again.
No.
John Demarcco; These are all conditions if you will and not material variances that would have
- needed to be re-noticed, if you will.
Correct.
So, we’re just amending the conditions of the approval. The variances were for
the side setbacks which are not changing.
Correct.
Applicant; None of the setbacks or the variances changed.
It’ all the conditions of the approval.
So, do we make a motion to accept the proposed changes.
I would make a motion to, if there is a motion to amend and then state what the
amendments consist of.
- Michael Short: What is the square footage of the new plan as presented to the building
department.
It’s 1,500 square feet , even.
Just because I want to be clear and what is not be clear. Okay, what’s not
being seen in that drawing right now and what Erika and I have talked about is a deck on the
back and a shed. So, you’re not seeing that right now because we said, don’t put it in right now
because we are not applying for the permit.
EVERYONE SPEAKING AT THE SAME TIME...
Pg. 221 December 9, 2025 Zoning Meeting
I just want to be clear, and J don’t want to have any problems.
I have not reviewed the zoning code for that particularly and I don’t want to
know. I don’t want to know.
I let the applicant know that when they submit their full application to the building
department, the building department will review those plans as they do and if any additional
variance is needed, they will have to come back to this board for that.
Again, it’s been a while since I’ve looked at the property and make sure that
there’s no variance required for it, if you wouldn’t mind.
Do I need a variance for the deck or the....
You'll have to go back and look it over.
It would depend on deck size and shed location. So, until you figure those out,
you have no idea whether you’ re going to need any additional variances.
I would like to shift back to what we’re focusing on this evening.
So realistically, the proposed changes is to change the arborvitae, the condition of
the arborvitae to 4-5 mature flowering....
So, I’ve laid out this slide. So, the proposed changes, the first three bullets go with
the arborvitae. The no window along the east side would go with the fire prevention, requiring
bedrooms and then the last bullet and the dwelling size, those go together. They’re not exactly
aligned, but that’s how it is laid out for you.
So, with respect to the variance that was approved on March 13, 2025, make a
motion to amend the following conditions.
RESOLUTION 25-0084 Corrine Volo made a motion TO AMEND
CONDITIONS OF PRIOR VARIANCE
APPROVAL which was seconded by:
Chris Centola.
AMENDED CONDITIONS:
Applicant to plant 4-5 mature flowering
and/or fruit bearing bushed a minimum of 3-
4 feet in diameter and 4-5 feet high. ¢
Suggested for bushes; red twig dogwood
shrub, elderberry, serviceberry, lilac bush. ¢
New York State Building and Fire
Pg. 222 December 9, 2025 Zoning Meeting
Prevention requires a window in the
bedroom located on the. east side of the
property. * Dwelling size to increase to
1,500SF,
VOTE:
Mr. Short NAY
Mr. Moscaret ABSENT
Mrs. Volo AYE
Mr. Spampinato ABSENT
Mr. Prescott AYE
Mr. Centola AYE
Your conditions have been changed so you can move forward with the project as
planned. The timing still goes from the original variance and obviously you have to get your
permit and everything else. You have a happy holiday.
Can I ask a question because it’s imperative while the potential owners is
here, because honestly, one of the deals, part of this is a deck. I mean if he can’t get a deck the
deal is done. If I have a variance to come back here for a variance on that if it should need it.
If you have to come back for a variance, you have to submit another application and
you have to go through the process again. The board cannot give you a yes or no answer on
something that is not presented in front of them. When you have your building plans submitted.
The code indicates you can be within 20 % of the rear setback. So, that’s what you have to abide
by in order to not need a variance.
So, as Erika indicated, we’re not going to give you any determination one way or
the other without seeing something and ideally, you’ ll be able to figure out how to put that deck
in without needing it. That’s the ideal situation.
A deck is permitted; it’s just the size of the deck is based on the size of the lot and
where your where your setback is.
And I am well aware. I’m just saying, I can tell the temperature of this
room right now coming back for another variance is not going to be a good thing. So, I just
wanted to because I know when we walk out of this room, the potential buyer, that’s the first
thing he’s going to say.
I greatly appreciated all the conversation, and J greatly appreciated your honesty
the goal of putting a deck on the back of it, but we are not going to give you a determination or
an indication one way or the other.
Pg. 223 December 9, 2025 Zoning Meeting
e Approval of minutes for October 14,2025 VOLO/CENTOLA; November 25, 2025
; VOLO/SHORT.
Since there are no further applications before the Board, Michael Short adjourned tonight’s
meeting at 8:00 p.m.
Corrine Volo, Secretary
Katherine Kolich, Recording Secretary
JAN 14°76 ani0c15
awe BEPSTER THN CLE
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| i Pg. 224 December 9, 2025 Zoning Meeting