Zoning Board Meeting
Zoning Minutes 2025.12.09

Minutes

December 9, 2025 · 42 min read · extracted text · View original

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WEBSTER ZONING BOARD OF APPEALS MINUTES

PLACE

Webster Town Board Meeting Building 1002 Ridge Road

DATE

December 9, 2025

TIME

7:00 pm

PRESENT

ABSENT:

Michael Short James Spampinato

Adam Prescott

Corrine Volo

Chris Centola

Alternates

Anthony Moscaret; John Accorso

John DeMarco, Attorney

Katherine Kolich, Planning & Zoning Secretary

Josh Artuso, Director of Community Development

Erika Corsi, Planner of Community Development

Michael Short

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

Michael Short

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

Applicant

Lisa McBride

Status

TABLED TO 1.13.26

2. SHED-1140 BROOKTREE LANE

Applicant

Bryan Weise

Status

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

Applicant

Bryan Bishoping

Status

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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CARPORT

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

SHED

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.

Erika Corsi

The applicant did not put the shed there. It is pre-existing.

John DeMarco

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...

Michael Short

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......

Bryan Weise

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.

John DeMarco

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.

Michael Short

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.

Erika Corsi

Yes, that’s correct. This is the only remaining.

Michael Short

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.

Bryan Weise

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.

Michael Short

I appreciate that. Thank you. Other questions from the board?

John DeMarco

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.

Michael Short

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

Erika Corsi

That is correct. The survey that we have on file from the town is from I believe 1980

27? One moment,

Bryan Weise

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.

Michael Short

The shed isn’t on here. And if it was 84, the shed would have been on here.

Erika Corsi

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.

Michael Short

What? Drainage pipes or sanitary or not sanitary, but it’s drainage pipes

underneath. Is that what it is?

Erika Corsi

It’s drainage yes, for the storm.

John DeMarco

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?

Bryan Weise

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.

John Accorso

Erika, did you say that this map was drawn up in 1988?

Erka Corsi

Correct.

John Accorso

And the shed has been there since when?

Bryan Weise

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.

John Accorso

Doesn’t that predate the easement even?

Pg. 209 December 9, 2025 Zoning Meeting

QC

Bryan Weise

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.

Michael Short

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...

Bryan Weise

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.

Michael Short

I can’t speak for the town. BOTH PARTIES SPEAKING AT THE SAME TIME

Bryan Weise

Yeah, hypothetical, If they need access, I’m happy to allow them access, if that

answers the question.

Chris Centola

I guess, do we know there are pipes there or is it just access.

Erika Corsi

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.

Chris Centola

Because the only reason they would need that is if they were replacing or ...

Erika Corsi

Or cleaning

Chris Centola

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.

Bryan Weise

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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Erika Corsi

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.

Corrine Volo

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.

Chris Centola

And there’s significant screening.

Corrine Volo

And there’s...that’s really the most logical location because of all of the hedge row

around it.

Michael Short

BOTH PARTIES SPEAKING... Driving by and you don’t really see it.

Adam Prescott

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.

Chris Centola

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.

Michael Short

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.

John Accorso

[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.

Erika Corsi

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

Michael Short

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.....

Chris Centola

or without it being much closer to the street.

RESOLUTION 25-0081 Michael Short made a motion TYPE II

ACTION which was seconded by

Chris

Centola

VOTE:

Mr. Short AYE

Mr. Moscaret ABSENT

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

FINDINGS OF FACTS

(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.

This request is not substantial

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

Michael Short

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

John DeMarcco

Do we typically have the approvals conditioned upon the execution of the

licensing agreement.

Erika Corsi

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.

Michael Short

That would be correct.

Bryan Weise

Then what’s the point of the contingency?

Michael Short

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.

Erika Corso

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.

Bryan Weise

So, do I need to contact them to initiate that or to start the application process for

license agreement?

Erika Corsi

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.

John DeMaro

It’s not an application process.

Erika Corsi

No, it’s not an application.

John DeMarco

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.

Bryan Weise

So just, to cover my axis if my approval here is contingent upon DP what is it W the

water authority or whatever...

Erika Corsi

The highway department

Bryan Weise

If my approval here is denied, denied through the highway department

John DeMaro

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.

Bryan Weise

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.

John DeMarco

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.

Michael Short

And yeah, I mean, you agreed to it with this board, but the licensing agreement is

a legal document that outlines it.

Chris Centola

I think the confusion may have been we use the word approval verses just him

accepting the agreement.

Bryan Weise

Yes, ’'m just looking for definitive answers here. I’m assuming there’s a fee

associated with the licensing agreement.

John DeMarco

I don’t think so.

Erika Corsi

I will have to double check that and get back:to you with a short answer.

Bryan Weise

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.

ACCESSORY BUILDING

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

-

ADMINISTRATIVE ITEM:

e 478 Lakeview Terrace-Anthony Ottaviani is requesting to amend a condition of prior

variance approval.

Erika Corsi

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)

Michael Short

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.

Erika Corsi

1366

Michael Short

Thank you. So, we were making it 80 square feet smaller than what was....what

is actually permitted per the zoning. So, ....

Erika Corsi

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.

Michael Short

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 ....

John DeMarco

What brought the matter up?

Erika Corsi

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.

Anthony Ottaviani

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.

Corrine Volo

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.

Anthony Ottaviani

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.

Corrine Volo

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.

Anthony Ottaviani

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.

John DeMarco

So, could you put those side to side. Right, the requested modifications.

ALL BOARD MEMBERS SPEAKING | |

John DeMarco

There’s 4 total.

Erika Corsi

No, just these 2 show the changes......

Michael Short

How many changes are there?

Anthony Ottaviani

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

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| oveennTDO NS

Corrine Volo

Right. It’s just deeper. That’s not any wider.

Anthony Ottaviani

No, it’s not any wider. Everything is the same. It’s from the original

variance. We did not exceed the variance.

Erika Corsi

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.

Applicant

And the window is for safety. You have to have an exterior window for a bedroom

for fire code.

Michael Short

Right, but your layout doesn’t have to be the layout it is.

Corrine Volo

Well, and I’m trying to remember because it was a while ago. Why did we

condition it that there be no window.

Michael Short

It was a compromise with the neighbor.

Corrine Volo

Okay, but it’s on the garage side of the house of the neighbor.

Anthony Ottaviani

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.

Michael Short

This is an administrative matter so it’s not open to the public.

John DeMarco

Is there anyone here.

Michael Short

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.

Adam Prescott

This window right here in bedroom two, you go to the floor plan.

Pg. 218 December 9, 2025 Zoning Meeting

nes

John DeMarco

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.

Adam Prescott

That’s the new window in bedroom 2 that was not there.

Michael Short

Yes, the one that Erika is circling there. That’s the window there.

John DeMarco

And the neighbor that wants the plantings is the same neighbor that’s on the side

of the window or they’re on...

Michael Short

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.

John DeMaraco

Representation is now that the neighbor is accepting of the window as long as —

the arborvitaes there.

Anthony Ottaviani

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.

John DeMarco

Did you...you don’t have anything recently from the neighbor confirming what

you’re representing.

Anthony Ottaviani

Yes, we submitted a letter from the neighbor.

John DeMarco

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.

Anthony Ottaviani

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.

Corrine Volo

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.

Chris Centola

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

Michael Short

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.

Anthony Ottaviani

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.

Michael Short

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.

Corrine Volo

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.

Chris Centola

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.

Michael Short

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?

Adam Prescott

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.

Michael Short

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.

Adam Presecott

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.

Erika Corsi

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.

Erika Corsi

Correct.

Corrine Volo

So, we’re just amending the conditions of the approval. The variances were for

the side setbacks which are not changing.

Erika Corso

Correct.

Applicant; None of the setbacks or the variances changed.

Erika Corsi

It’ all the conditions of the approval.

Corrine Volo

So, do we make a motion to accept the proposed changes.

John DeMarco

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.

Erika Corsi

It’s 1,500 square feet , even.

Anthony Ottaviani

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

Anthony Ottaviani

I just want to be clear, and J don’t want to have any problems.

Michael Short

I have not reviewed the zoning code for that particularly and I don’t want to

know. I don’t want to know.

Erika Corsi

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.

Michael Short

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.

Anthony Ottaviani

Do I need a variance for the deck or the....

Michael Short

You'll have to go back and look it over.

Chris Centola

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.

Erika Corsi

I would like to shift back to what we’re focusing on this evening.

Michael Short

So realistically, the proposed changes is to change the arborvitae, the condition of

the arborvitae to 4-5 mature flowering....

Erika Corsi

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.

Corrine Volo

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

Michael Short

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.

Anthony Ottaviani

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.

Erika Corsi

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.

Michael Short

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.

Corrine Volo

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.

Anthony Ottaviani

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.

Michael Short

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

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| i Pg. 224 December 9, 2025 Zoning Meeting

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