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>> Mr. Ma Mascar. >> Hi. >> Mr. ASO. >> Here. >> Miss Corsy >> here. >> Mr. Artuso [clears throat] >> here. >> Mr. party >> here. All right, if we could all stand for pledge of allegiance. >> I pledge allegiance to the flag >> of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> All right. Um, our first item. >> Um, so first item is, uh, property address 524 Lake Road. Applicant Tony Symbol, uh, and Agatha Zvelddel. Sorry if I'm not pronouncing that correctly. Uh, this is in an R1 single family residential district.

The request is for the location of a 6-ft fence in the front yard. Um, and the proposal is for relocation of an existing 6ft fence along the east boundary line of the property. and Tony, if you'd like to come up to the podium, we'll go through your application via Power. Relevant sections of the of the code is um 350-10, which is the single family residential district, and 350-79B, which indicates no fence in excess of 4T in height shall be erected in the front setback of a residential lot. So, we're going to go through the PowerPoint. It's just your application and PowerPoint form. Um, but the floor is yours.

>> Okay. Um, just need to relocate a 6ft wood fence on the east side of the property line. Um, the house was sold next door and come to find out it was on the property line. That's why we're relocating it and we'd just like to relocate it on the property line. Okay. >> Any questions from the board at this point? >> No. >> So, the fence currently is on on the neighbor's property. Is that correct? >> It was. I took it down. >> It was. Okay. And the goal is to put up the same fence, [snorts] but >> same fence >> on the property >> on the property line. >> Gotcha. Okay. Um, I mean, the fence [clears throat] has been there.

I' I've driven by that house many a time. Uh, it's a unique shaped lot being a flag almost a double flag lot if I remember correctly. Um, Josh, any any variances given for any of the fencing in the flag, if you will, at this point that you know of? No, we were unable to find any record of any previous variances granted. >> Okay. All right. Um would it be beneficial for the board to look at that flag in totality for variance instead of just what's highlighted on the map in yellow? >> Yes, I think that's a reasonable request. >> Okay. Um, can you pull up the map again? So, if the board can look at both the yellow as well as along Lake and then the west side if you Yeah, that would be what I would consider the front yard.

Um, again, it it's a uniquely shaped lot. Um, those are the fences that I would look at. If the board has any questions on those fences, the one along the one along lake and on the west side of that flag are existing. Uh the intent is to be existing to remain and they've been there for a number of years. Any idea how long they have been there at this point? >> 73. >> Many years. >> Okay, fair enough. 50 years. >> Yeah. >> Um so >> any questions from the board at this point? No, >> no, it's it's been there >> Yep. >> longer than that. >> Um, open up to the public. Does anybody from >> Anybody from the public want to speak for or against the project?

>> No. Uh, bring it back to the board. Any additional comments from the board at this point? I'm guessing not. Okay. Um, I'd like to vote on uh seeker. I'd like to make a motion for a type two action under seeker pursuant to NYC RR section 617.5 of the of the environmental code. >> Second. >> All those in favor? >> I. [clears throat] >> Anybody want to do the findings? [cough] Sure. Excuse me. >> Yes. [laughter] >> Uh the request is not out of character with the neighborhood. [clears throat] The fence has been there for 50 years. So the character is certainly not going to change. Um the only difference is it's being relocated from being slightly into the next door neighbor's yard into actually into the applicant slash property owners yard.

Um certainly a detriment is not created to nearby properties. for actually correcting uh a detriment so to speak that was discovered with the sale of the house to the east. Um I'll say it's not achievable by any other method in that we're just replacing re relocating by mere inches something that's already been there. Um it's not substantial. A sixft fence is permitted on the lot line. It's just that there's so many different sides of this property that could be considered the front setback that um no matter where you locate the front fence, it's somehow going to be considered the front. Um and I don't know if the difficulty is self created or not because I'm not sure if the fence code existed in 1970, [laughter] but but for the most part it's it's inert.

It's It's not anything that's going to change anything with respect to the neighborhood. It's always been there. No one will notice the difference. >> Very good. >> Um, did you want to make a motion? Did you want me to? >> You can make the motion. >> All right. I'll make a motion to grant an area variance at 624 Lake Road to allow the relocation of a 6-ft fence along the east side property line of a privacy fence. All right. Hang on. the >> relocation of a six-foot fence along the east boundary line of the property and a privacy fence on the eastern side of the front yard on a8 acre parcel with SPL number 048.19-1-79 located in an R1 single family residential district under sections 350-10 and 350-79 of the code of the town of >> I like to include the southern Um the southern fence along lake >> actually.

Yes. And the additional section of fence on the western side that is also considered in the front setback. >> It wasn't advertised but since it's existing [clears throat] we we don't need it's not going to come back to uh >> I think we're okay. >> Yep. >> Uh I'll second. >> Okay. >> Okay. Mrs. Bolo. >> I >> Mr. Santo. >> Hi, >> Mr. Moscar. >> I >> Mr. Stanado. >> I >> Mr. Short. >> Hi. >> You have your uh variance. Um you still need to get a permit for the fence that you are reinstalling. Um and then you have one year to complete the project. >> Thank you. >> Thank you. Have a happy Thanksgiving.

>> You too. >> Thank you. Next we have uh 637 Ironwood Circle. Uh if the applicant can come on up. Uh 637 Ironwood Circle. Applicant Ronald Strong uh is located in the R3 single family residential district. The request is to allow a 7 foot fence along the property line uh where a 10-ft setback is required. And the proposal is to install a chain link fence uh directly on the property line. So uh relevant sections of the code is 350-12 the R3 single family residential district and 350-79B which no fence in excess of 4 ft in height shall be erected in the front setback of any residential lot. That's right.

>> You're up sir. >> Okay. Probably the best way to describe this project is if you have the plat map because I live on a pie-shaped lot. So what if you have that visible to you? I bought the property in 1975. There was a split rail fence that went from the front corner of both sides of the house on the east and the west side all the way back to the south property line. And along the south property line, uh there was a green metal post with rolled wire across it. Uh that was existing when I bought the property. Um my proposal as I'm getting older, I don't want if you're familiar with split rail fences.

Every single post that's there has been replaced at some point or other. Every single rail has been replaced just because they deteriorate. And I'm trying to do this one last time. So, I want to put in a split in a chain length fence. I like the the visibility that the split rail offers. Um, but I like I said, they just are constant maintenance. Um, I'm told that I can put in a 6 foot chain link fence on the property line now. And I applied for an easement uh contract for the south property line that was granted. So, what I'm proposing is rather than just the six-foot fence, which would go from not the front corner, but the back corner of the property.

So, the from the front corner to the back would remain split rail fence. So, from the circle, you will see split rail fence. So, this chain link fence is basically invisible to anyone on the circle. >> So, if I'm looking up on the screen, what is in pink would be the chain link fence. Yes. 7 foot as proposed. Yes. >> And everything in front of that going to the circle that would still be split rail >> from actually it'll go from the back corner to the front corner. From the front corner forward there's nothing >> from Okay, I gotcha. So from where to [clears throat] where is the split rail >> from it will continue to be from the back corner of the house to the [clears throat] front corner of the house.

>> So foundation >> the front being the as the circle. So it'll be about four fence posts worth of split rail fence. >> I got you. that will continue to be there simply for the aesthetics. I like the way it looks and I can maintain that amount from the back and then when you see it coming across there is currently no gate. So the pink that goes towards the house is where there will be a gate on both sides. So that um one will be a 4ft gate, one will be a five foot. So if I'm not able to mow my own yard, I can get hire someone to come and mow my backyard as well. So essentially one side would be a one side of the house would be a 4ft gate.

The other side of the house would be a 5ft gate. >> A 5ft gate. Yes. >> The reason I'm well all of the fence has deteriorated to the point that something needs attention and I've been delaying a trying to figure out what was best. Starting about three years ago I began to have a problem with deer discovering my yard. And for the last 50 years, I've been landscaping and bringing in flowers. So I had flower gardens that were in bloom from spring to to fall. And now the deer, not because they're hungry, but because they like the taste of flower buds. I have beautiful dilly plants and not a single blossom because they eat just the buds.

Beautiful aelia bushes, but no blooms because they like just the buds. So, I did some research and this came from the University of Nebraska that they took white-tailed deer and they said they panicked them. And a six-foot fence, every one of them would jump over. A 7-oot fence only 15% would jump over. I'm assuming I don't have panic deer. I have opportunists. And if they see a a good place to have lunch, they will. So, my proposal is to go another foot above what the current code allows to try and prevent the majority of deer from hopping over and grazing in my yard. Um, because uh of the change, I did talk with every single neighbor all around my property.

Um, every one of them said that they had no opposition. The ones along the south easement said, "Just make sure it's a fence so we can continue to enjoy the beauty of your yard. Don't put up a wooden fence so we can't see it anymore." And I said, "No, it's going to be." [clears throat and cough] And I chose black rather than silver because black sort of I'm told silver reflects light and so it's visible. Black absorbs light and so it's about the most invisible transparent fence you can have. and said that's that's my goal is to keep the visibility um which I enjoy and which apparently my neighbors enjoy too on the east and west sides plantings were there when I got there.

So you really can't see from one yard into the other because there are bushes all the way along and so I created a tunnel where the fence installers need a foot of clearance but it will essentially be buried by bushes. So again, Steve Ursnick on the west side and Bob Fischer on the right side said fine and Bob had actually tacked on a m a wire fence on the mine because he had dogs and he said this will help him because his dogs he wants to keep them in his yard. So and Corine did stop and say she wanted to look at the property herself. She said did anybody sign anything to say they approved? And so at 1:00 I was able to get three signatures from Marie Fischer, Nancy Nesbet, and Lloyd and Ruth Caves to say yes.

But I did talk to every single one personally prior to that. Those were the only ones today I was able to actually get a signature so I can offer this to you as well. >> Yeah, if you could, that would be great. >> Yep. So I will >> present that to you. >> Um, any questions from the board? Thank you. Appreciate that. >> No questions. Um >> maybe a comment >> your mic. Yeah. >> Oh dear. Is that better? the um from the from the applicant's yard, there is a drainage easement as noted on the survey to the back along the back property line. when you're standing in the applicant's yard, um the the property drops off quite a bit.

So, it's not actually going to appear to be a 7 foot fence standing from the um the ironwood side yard from the neighbors to the rear. Um it it will appear full height, but I think with the black fence against the trees and the the bushes, it will be um from a point of from a viewpoint um insignificant as far as it >> black vinyl fence less than you would have. >> Yeah, for sure. >> That's [laughter] it. the the black will blend in with at least during this growing season, the black will >> disappear much easier than the rail from the vision >> or and same thing with the silver. The silver fence just >> pops plus the rust and look bad after a while.

Um, just a point of clarification for me. The chainlink fence is going to as it wraps up on the east and west side and then comes back into the house. Is it going to be attached to the back corner of the house? Is it forward of the back corner of the house? And if so, by how much? [cough] Trying to see if there's no there's no picture. So if you look at the drawing of the house, >> okay, I mean we have this is what we have up on the screen. Is that >> okay? Where the corner on the let's see east side it will come exactly onto that corner point >> of the house itself. >> Of the house itself. >> Okay.

>> On the west side because there is a generator. It will miss the generator, but there's stuff on the house itself. >> Sure. >> And so they have to manipulate it so it misses >> all that electrical stuff. >> So the electrical stuff will be behind the fence is the way I understand it. And then the fence will be forward to that closer >> closer to the road. >> Yes. >> Okay. >> Yes. >> All right. Very good. >> Yeah. >> Thank you. >> Other questions from the board? >> No. Um, anything uh any open up to the public for any uh anybody want to speak for against the project? No. Uh bring it back to the board.

Any additional comments from the board itself? No. We want to do the findings. All speaker. Yes. Thank you. Um, I'd like to make a motion for a type two action under seeker pursuant to NYCRR section 617.5 of the environmental code. >> Second. >> All those in favor? >> I. >> Now the findings. >> All right. To do it. I yeah, this request is not out of character for um for the neighborhood. The fence is um going to be back behind and because of the way the vegetation is on the east and west sides, the fence will not be visible. Uh the south side uh will be visible to the neighbors to the south. Um the applicant has identified a um a a fence with minimal uh visual impact uh and the neighbors are aware of uh so it is a uh a minimal uh impact.

Additional additionally to the south side the fence is down inside um or down lower because of a drainage easement. So from the street side again it will not be out of character of the neighborhood itself. Uh it's not creating a detriment to nearby properties uh in any in any uh shape. Uh request is uh is not substantial. Uh there's really not a significant impact across. Um there's no adverse physical or environmental impacts to the site uh or the neighborhood. Um difficulty is it self-created? I mean, the the deer have uh recently found your property, so trying to keep them out um I can understand.

Um so, not necessarily self-created. Um the desire to have the deer out um is a is a personal choice. Um and it's not a not an undesirable or significant uh change to the neighborhood. U anybody else want to add anything? >> No. >> No. Okay. >> Do we need those letters from his neighbors? Oh, you have. Okay, >> I got it. >> Um, >> well, and I guess I'll add that the neighbor the three neighbors that are most impacted by the view of [clears throat] the fence um have signed their agreement or or their lack of disagreement. Um, and and the applicant has spoken to all of the neighbors all the way around it.

So, >> perfect. >> All right. I'd like to make a motion uh for an area variance at 637 Ironwood Circle to allow a 7- foot fence along the uh property line where a minimum setback is uh uh where a minimum setback requirement of 10 ft is required on a uh 0.54 acre parcel having SPL 079.13-1-70. Um the variance provides a I say a zero setback um located R3 family residential districts under sections 35012 35079 of the code of the town of Webster. >> Second >> second >> Mr. Short >> I >> Mrs. Volo >> I >> Mr. Spanado >> I >> Mr. Senola >> I >> Mr. I'm just scared. >> I >> you have uh your variance.

You do need to still if you haven't already gotten your uh permit, you do need a permit for the fence. Uh and you one year to complete your project. [clears throat] Happy Thanksgiving. >> Thank you. >> Next up, uh zoning interpretation for 671 will lane. >> We want to include 52. It's all the same person. Okay. I think this uh I think my PowerPoint got mixed up here. So, Sorry, I'm just following the agenda. >> No, it it should be in there. I'm not sure why it's not in the presentation. >> It is definitely not in there. Bear with us. Well, for the interpretation, you can read it off of the >> We'll do the >> So, um, >> zoning interpretation located at 671 Willow Lane.

Um, the applicant is seeking an interpretation from the zoning board of appeals to determine the location of the side and rear yards associated with uh with application for proposed accessory building, which is is item five on on uh the agenda uh in accordance with sections 3503, 35036, 35101D1 of the town. Um, do you mind just pulling up the map? we can start going. >> So, this is the property. >> All right. So, uh everybody in in the uh packets that you've received for uh item five, accessory building for 671, the uh last page is uh the applicant's uh interpretation. um that he is uh pursuing for the front and rear uh and side set uh side yards for uh his property located at 67 Willow Lane.

Um I guess with that um Brian if you want to just talk a little bit about uh what you are seeking from an interpretation and why you are looking for you know what how you've come to that conclusion. Okay. Uh my name is Brian Bishoping. I live at 671 Willow Lane. Um this was not my application for an interpretation. This was stemmed from last year for uh area area variances that were requested um in [clears throat] the process of asking for a building permit getting sent here. Um, it pretty much we pulled up an old survey map that the town had on file and uh in talking with Josh, he looked at the survey and was surprised that the side and rear um the sideyard was the rear wall of my house and the rear yard was the side of my garage.

So on that in that meeting he flipped them and that's where I was directed by the town to request two variances last year. I've learned a lot in a year and uh last year was actually a bigger waste of time because I actually needed three variances. Um so I'm not really requesting anything to change. I just wanted to go back to the way it was. I have a copy of [clears throat] that survey that the town had on file. >> Okay. prior to me getting the survey done. H I believe last de uh either a year or I believe it was December of 23 or January of 24 is when actually I can tell you right now. It was actually March of 24 when I had the survey done.

Um, but I still have a copy of the old one that the town had on file when [clears throat] I started the whole process for the accessory structure. >> Okay. >> Um, I do have a reason of why the side and the rear are the way they are. Um, and that's because in 94 when my grandparents put the threeseason room on the back of the garage, they just went and requested a building permit. And they were probably advised by whoever was in Josh's position at that time that if they made this the sideyard, they wouldn't need to come and get a variance for a setback. Um, so last year when things got flipped, it got all mixed up.

Now, I'm just trying to get it put back the way it should be. >> And uh >> So, can we pull up um a the aerial and a street view of the property? So, your address uh is 671 Willowbrook. Um >> Willow Lane. >> Sorry, Willow Lane. Thank you. Um your driveway is on Willow Lane, >> correct? >> Um and would you mind giving me a street view as well? And we are now on Willow Lane at in front of your house. Front door uh facing Willow uh Willow Lane. >> Correct. >> Um I'm I'm one person on the board as I look at this. This is your front yard. Um, is how I see this. You are on a corner lot. So, you do have two fronts.

Uh, I look at this as being the front. If I was to then interpret where your side is, I would interpret where the airirstream is is where the side is. And then opposite of where your front door is is where I would interpret the rear uh property to be. I guess I'm going to open that up to discussion with the uh with the board if anybody has questions, comments discuss that. >> Can we read town code for corner lots? >> Sure. >> Okay. I did that was sent to me uh I believe in uh March or April of this year. Um, it says in the town code for corner lot, it says for the purposes of determining dimensional requirements for buildings and structures located on corner lot, the yards included between a rightaway and any uh, let's see.

Yes. Um, and any building lines shall be considered front yards, [snorts] and the yard between one of the remaining boundary lines and any building line shall be considered the rear yard, and the other remaining side shall be considered sideyard. >> So, they're you can switch them around >> until something sets them. >> Sure. I I I get that. >> Yep. >> So once >> once they're set, they're set, right? We can't >> between projects. >> So I can't for one application consider >> correct >> the willow side, the front yard. >> So we can't once once one that first project sets the side in the rear. You can't just flip-flop because I want to say I want to do this over here and I want a 15 foot set back, not a 50.

I can't interchange them back and forth once they're set. So in 94 they were set. So just just to clarify, so the the town put this on the agenda as an interpretation. And it was not at the applicant's request because there is >> a distinct difference in in the town's official interpretation of the code versus the applicant's. But nowhere in town code does it state what what [clears throat] the applicant just stated that once it's set, it's set. That is not anywhere in the town code. >> So if it's not the town code, >> all right, >> then we can flip-flop back and forth. >> I have another question.

How does the survey determine what the front yard is? >> It doesn't. >> Doesn't. >> So then >> town town code does. >> Well, >> well, it fronts two streets. So you get two front yards, >> right? >> So what's on the screen right now is the town's interpretation of what the yards are, and that's what's under review for this particular request. So if you read the definitions >> if this Brian >> Yep. >> So out of curiosity um >> Josh Brian was uh indicating that there was a survey from 93 I think it was. Do we have a copy that that you can bring up? >> Uh that we can bring up. >> I I have copyright here.

>> Do you mind? >> I'd like to take a look at that please. Thank you. >> That's the new one. I think he's looking >> is Josh, is there any um I like the process we're going through because it it is going to be recorded moving forward. Uh is there any record of determination of where the rear and side yard was from 93? No, the only thing we can tell is, as Brian mentioned, at the time that a proposed porch was added to what we believe is the rear of the home, it at the time did not require a variance. The town processed that as the sideyard to make it easier for the applicant at the time. Um, and that's all we can surmise from the records that we have.

>> But, but that's just surmise, right? I mean, we don't >> there is no official determination on file that, >> right? >> Yes. Correct. >> Yeah. I mean, obviously, he didn't get a variance because we don't have that on record. >> Correct. >> Um or at least, let me rephrase it, we don't have that on record if a variance was was given, uh is best way for me to put that. >> Yes. From what we could tell, it was, as Brian mentioned, just a building permit that was issued. >> Okay. All right. You guys want to see? >> I got it right here. >> Oh, okay. Perfect. You can have your copy back, Brian. Thank you.

>> Mike, here's a question for you. The only reason they might do this is because it's too fronted. So, they're probably looking at it from the other road saying, "Well, this is the front. This is why they considered the back the side." >> Well, right. And and that's as a corner lot. >> That's You have two fronts. >> You have two fronts. >> So, that person interpreted it back then that way. >> We're summizing, right? I'm assuming it's a >> so again >> um I don't know but that >> that's what it appears to be. >> Other I mean again I other questions comments from the board. >> I don't know that we've ever been asked this question before and I've only been on the board 18 years.

[laughter] >> That's all. >> But We've always interpreted. All right. There's two front yards based on the corner, but I'll say primary and secondary. The primary front yard has always been the face that has the entrance door and the address. And then the rear would be the face that is on the other side of the dwelling from what we're considering the entrance, front door, street side. >> Yep. Um we also for this particular application granted a variance last October, November maybe >> for the wraparound porch >> with a front set back of I think it was 40 or 44 feet based on >> correct >> that being the front of the house.

>> Right. So, just to bring that into since you're bringing that up, if we consider the back wall that's not across from the front door of the house, then the building per permit that I would was issued for the porch, it goes into that 50-ft setback. So, I would need another variance for the porch. >> We gave Well, we gave you a variance, >> but if you consider that rear yard Then my sun room, my threeseason room is non-conform, pre-existing, non-conforming, non-compliant. >> Correct. And my shed is pre-existing, non-conforming, non-compliant. >> Right. But no one's no one said anything about >> But the porch >> that I already have a building permit for and that I'm working on >> is in the front yard, >> but it wraps all the way around to the side.

>> He made three amendments to his building permit application. So now the wraparound porch does go all the way around to the rear of the home as we see. >> Okay. that was not >> it was issued an error by the building inspector >> who's no longer with us. So just to clarify that that was the confusing part. >> Right. So so the application >> looking at the old documents >> it ended at the corner of the house. >> That was the second version that he presented. Yes. And there was a subsequent third revision which now wraps it around the house but it it does not project any further than the existing >> porch.

That's >> okay. But >> on that side, >> the existing three season room. >> Correct. >> So that that's why I didn't request >> we weren't aware of that. So >> uh it was all part of the porch application. >> Actually the survey map that was submitted with the building permit application actually had this is a rear yard written on it. So I think that's what confused our staff. So >> gotcha. >> That's why the building permit was issued. So the reason there was was not a variance requested is because it the side setback and the other front I didn't need to go into those setbacks. That's why nothing was requested for the porch other than the additional to to be able to wrap it.

So, so for this meeting and moving forward to help clarify where we are, what is the front, what is the side, and what is the rear uh for this particular matter, item number four, um I'm asking the board to make an interpretation um of where the front is um what what road the front yard is on and um where the rear rear of the house and where the side of the house is. Um Ken, I I heard kind of your 18 years of uh [clears throat] experience on the board and and what you know what the president has been uh which kind of falls in line with with what I had indicated uh earlier with my my understanding of the front of the building um and the side of the building.

You know, I like the the comment of primary and secondary front yards. Um, are there other comments or questions or or um discussions from the board? >> I would concur with Karen's interpretation as well. >> Yeah. So would I. >> Yes. >> Okay. >> So So what if the house originally had a Mil Creek Run address? So, um, to move this forward, I'd like the board to make a motion, or I guess I guess I would make a motion to, um, interpret the front yard of 671 Willow Lane to be the front is um, facing 671 Willow Lane. The side yard would be north um the north side of the property. The rear of the yard would be the west side of the property while the secondary front yard would be the south side of the property.

>> Second. >> Agreed. >> Can second. >> Can we agreed? Can we table this so I can uh get an attorney here? >> Because this >> this definitely is not going per town code. >> How so? >> Because town code doesn't call out a primary and a secondary. Doesn't say anything about primary secondary. >> Sure. You have two front yards. >> You have two front yards. >> Correct. >> That's right. >> Primary front. >> And then I have two other yards. One is one, one is the other. >> That's right. >> This this board >> and you have one front door. >> Okay. >> And one driveway >> that are on the road that your address is.

>> Okay. >> So, so which is the front yard. >> That's the front which is right for >> which is not just for your address but for the addresses in town where we've had corner lots in the past. And that's where like I'm not looking at this as an interpretation of just this location. I'm looking at it as as a corner lot interpretation for for the address that is Willow Lane. The house faces the actual entrance and front facade of the house faces Willow Lane. The rear lot would be behind that. Has this town code changed since 2006 when this was written? >> I our interpretation doesn't go against the town code.

>> Okay. The the way you're saying it right now, you're going to decide against what I'm reading in town code. >> I don't see how. >> Okay. Is it it's not calling out which is side and which is rear. >> If we could pull up the definitions of side yard and you can read the exact description, I think it'll clarify everything for everybody. Go to >> yard. >> A yard situated between the sideline building line and adjacent sideline of the lot and extending from the rear line of the front yard to the front line of the rear yard. So this is specifically corner lot rear yard >> for this code. >> Correct.

But there's also additional definitions that spell out what a rear yard is. They're all defined sideyard, rear yard, not just corner lot, but there's specific definitions [clears throat] for each yard >> under under lot corner though it says regardless of which lot line we assign to be their rear. >> So regardless meaning it could be either one. >> Correct. And that's up for the town to decide, not the applicant. So, >> okay. So, the town decided it in '94 with my grandparents >> Yep. >> requesting the building permit that that was that rear wall >> potentially >> was going to be side or sorry, the the rear wall was going to be side and the side of the garage was going to be rear.

And that's why no variants were necessary. And >> and the shed's located where it is. And can I ask maybe it's a dumb question, but what basis or what value is it to change the definition of the sideyard and the rear yard of your property based on what it's con been considered for the past year and a half that you've been coming before us? One, I don't like that it was switched to start with and I was directed to do something that wasted a lot of my time and and your time as well. >> And the town did something kind for your grandparents many years ago before any of these members were on the board so that they didn't have to get a variance >> because they looked at town code and they said, "Here's what we can do.

>> We consider this side and this rear, no variance needed. Here's your building permit >> and [snorts and clears throat] one I mean >> but but what of what value does it >> where where you want to put your accessory building? Well, so so my three >> code >> my my three C's in a room current if if we flip them to the way Josh did last year >> then that should have needed a variance >> correct >> but it's even if it did it doesn't anymore it's existing non >> pre-existing so that's a mood point whether it needed a variance back then or not it's built it's existing nonconforming >> I think and I'm not trying to speak for you Karan I think what we're all wondering is how does switching it back to the way you want it make you believe your >> how does it benefit you >> because then I only need >> one variance >> you still need a variance >> correct >> I don't need three >> it's one instead of three but it's a more significant request >> it's a sign it's >> and that's been explained to the applicant multiple times >> okay so >> which is okay So, so then I if if this goes to the way that it was in 94, then I don't need to come back like the guy did for the fence and say it was it's been there forever and you know, let's let's keep it uh I need a variance so that now it's conforming.

I have a motion. I >> Why don't we make sure you don't have any other thing? Anything else to add at this point? See if there's any. >> Okay. Um >> Yeah, this is >> Oh, it's just a determination. You're right. I'm sorry. Yep. Go ahead. Um, a motion has been made by the board of where the front yard is, the rear yard is, and the sideyard is. Um, I believe I got a second, correct, Chris. Um, I'm going to hold that moving forward. Um, Brian, I understand your frustration. Um, and you indicated you want want to get an attorney involved. I I understand that. Um, this board is going to at this point we're going to vote on uh the motion that has been uh set in motion.

>> Okay. Do you have all the information you need or you may go through it again? >> You said is the >> Can you pull up the map? Sorry. Pull up the >> the primary front is at 671. The secondary is at Mil Creek. The side is north and the rear is west side. >> Correct. That's it. And there is no primary and secondary front yards. So we can strike the primary and secondary, >> but the side would be on the north. Oh, okay. >> And the rear would be on the west. >> West. Okay. Mr. Short. >> Hi. >> Mr. Senola. >> Hi. >> Mr. Mscar. >> Hi. >> Mrs. Vololo. >> I. >> Mr. Spinado. >> Hi. >> Okay. Um, so the town has interpreted uh where the front or where the side and rear yard is um for your property, which honestly sets precedent and precedent has been set over the last uh at least 18 years for Karen on corner lots um for where the front uh front and side rear yards are on corner lots.

Um moving forward, um next uh item on the agenda is uh accessory building located at 671. Um you want to guess we can go through >> I don't I don't think we can go through this now. >> No, the application for was for a rear setback. >> Correct. And the town advertised it the way the town interpreted the code. So it is correct and it can move forward. Okay. So, I I paid for one variance, not three. >> Mhm. You're advertised for two, not three. >> All right. Cuz I'm going to need three now. Last year, I should have had three. >> Right now, we are talking about the accessory building, correct? >> Yep.

>> Okay. >> All right. Do you do you want to move forward or you want to table this? We we can, but if I need three, then it's a waste of time, right? If we advertise two, >> we can't give you >> We can't give you legal advice on it, but if you'd like to table it, you can table it to determine what you need. If it wasn't public notice, the accessory structure putting it that way, I would need >> front wall of the structure ahead of the rear wall of the house. >> Yep. >> I would need side set back and I need rear set back because the depth of it >> rear, >> it goes within 50 ft. >> That's what it was.

>> So there's three. >> Yes. So it's advertised for two out of the three. The rear >> Yeah. The rear dimension isn't on the plot plan. So, we're at a little dis disadvantage there. >> Okay, we we can table this. All right. >> Okay. >> Thank you. >> Table it. >> Um, make a motion to table um accessory building located at 671 Willow Lane to uh December. >> Second. >> All those in favor? I >> I >> All right. December. Next up is Bellator M. >> Have a good Thanksgiving. >> Thanks. >> Thank you. >> Um, yeah. >> Sorry, my final point is okay. Bellaterara Maintenance Garage. Uh, the property address is Terara Verde Way.

applicant was Tom Thomas from Bellaterara Group representing agent Mike Richie from Kasik and Kostich Engineering. Uh zoning district is the low medium residential district. The request is for a front setback of 15 ft where 35 is required side setback of 10 ft where 15 is required uh to and to allow an accessory structure to be located to the front property line. [clears throat] uh than the rear of the main building and to allow an accessory structure to be 69% of the square footage of the main building where the code allows a maximum I believe it's 20 five okay and this is it with proposed construction of a600 foot maintenance garage to be used by Bellotera Maintenance Group >> you're Thank you.

[laughter] Hi, Mike Richie from Postage Engineering. Um, representing the Bellotera group. So, this board may be familiar with the Bellotera subdivision at the corners of Salt and Schlaggel. Uh, it's a four rental duplex community. Um, and the developer is looking to put in a maintenance garage, uh, two bay maintenance garage to hold lawnmowing equipment, plow trucks, anything related to maintenance of the entire subdivision so that they don't have to, you know, sub it out to a separate contractor, they can do it all inhouse. Um, so we are proposing uh to put this 1600 square foot maintenance garage um on I believe it's don't have the lot number exactly right here.

>> 209. >> Lot 209. >> 209. That's And you know, we had looked around and and tried to find one of the larger lots, maybe one of the lots that were more tucked away. Um played around with different sizes and ultimately the the size they came back which they felt would would house all of their equipment was this uh building. Uh we did go to the planning board last week. They granted preliminary approval and did seeker and weren't able to take any action until we we met with this board. Um one point of clarification on our application that was submitted. I know it says uh 10 foot uh side setback.

I think we did submit a revised one uh that is 15 feet. Um so I think that one the side setback variance wouldn't be needed. So we did upon uh town staff request did slide that over. But yeah, um looking to put this kind of tucked away in the corner of that property. Um you know, we potentially could have shifted this farther in and maybe avoided one more variance, but the intent was to kind of keep it as far away from the primary structure uh as we could. And again, I I think we prepared an exhibit that showed this in relation to the rest of the development, Salt and Schlaggle, and really tried to tuck it back, you know, in a corner there.

Um, it does have access off the private drive that connects the Meadows 2 subdivision. U, we don't expect that to be a very heavy volume road. And again, only people using this are going to be Bellotera employees. It's probably going to be one or two gentlemen. You know, maybe they if if it's a lawnmowing day, they'll come park the truck in the driveway, take the equipment, leave the truck at the end of the day. Same thing if they have to come and plow, they'll come bring their vehicle, park it in the driveway, take the plow truck out, and then and then leave. So there there won't be a lot of coming and going.

There's not going to be a shop. There's not going to be, you know, an office or anything like that. It's strictly used to to store the equipment. >> Electric, water. >> It's going to have electric. They'd like to have one toilet. Um the plan to pull a new water service and connect into the existing sanitary lateral that serves the main unit. uh electric and gas if they can for a heater. Um but again, this is just a I can come in and use the bathroom and go back out instead of having to use the uh you know the model unit for the restroom. So it's not intended to be a shop, not intended to be you know constantly staffed or anything like that.

So um yeah, we do understand that a couple variances are needed. Um but this is the request that that they're looking for. So, >> so I know the location. This is a You said it's a for rental community, >> correct? Yep. >> Okay. >> Yeah. Sorry. >> Who Who owns the roads? >> They're all private. >> Yep. >> Okay. >> Yeah. So, they'll be plowing. They'll have to plow that whole development. So, >> Okay. >> And working through town staff. They're actually the subdivision immediately to the west. We worked with town staff so that the town plows will actually be turning around interior in that development and not going in at all to the Bellotera subdivision.

>> And the um on the map up here, what's to the uh left that is also part of the development >> to the left? That's a forale residential subdivision that's currently in construction under construction. And those are separate from this. They'll be for sale lots, not rented. >> Okay. um part of the maintenance for this building. So is I'm assuming that is that will end up being a public road on that side. >> Uh yes. And you can kind of see if you zoom in on the map a little bit, you can kind of see where uh >> this actually that map may not show it well enough, but essentially where um the road keys off.

It doesn't show the future section yet, but there's a turnaround right there. There's a hammerhead right now. >> Right away basically at that intersection. >> Gotcha. Okay. Thank you. >> Any questions from the >> forward? >> I have one. When this project was designed, why wasn't this built into the original project? >> Yeah, I I can't speak exactly for the reasoning of the owner. This project started back >> Oh, I I know. I live right around the corner from him, so I see it all the time when I drive down Salt Road. >> The best I can understand, I think the intent was this to be for a for sale community.

They were all subdivided out individual lots. COVID happened, the economy and the market in which he does business changed and he changed the model. I know there's been some strife with the town how that worked out. Um, but I do believe he's done it in a way that is still a fairly nice development. So, I think initially under preliminary phases, it wasn't the intent to need this. Um, and then we did talk with town staff uh last year when this idea for a maintenance garage was put out by the owner and it was it was uh directed to us that couldn't even make application for an accessory structure until the primary structure was constructed.

So had to wait now until 209 has been built to even make application. >> So and I just have one other question. If I'm the owner of that duplex townhouse in lot 209 and I'm on my patio, am I going to be able to see the back wall of your structure? >> Yes. Y >> you going to block it off so it doesn't really because I don't if I'm an owner, I don't want to look at a storage building, you know, renting. >> No, I I and that's something we had talked internally with. I I going forward when we go to the planning board, we're going to propose some landscaping around probably the two corners most directly facing uh that.

Um and it's going to have architectural siding that's going to match the building. So, it shouldn't be completely out of context. Won't be like a standing seam metal building. It should look architecturally similar to the duplexes. >> Okay. >> Yeah. From what I recall, planning board, it stays with lot 209 and it looks just like the rest of the buildings other than it's a garage. >> What happened to the windows? >> They're going to be added by the >> There was windows inside [laughter] >> not the bathroom. [laughter] >> Are you guys responsible for the drainage easement too or is your client responsible for the drainage?

>> Yes. Yes. Will you be planting that >> or are you just keeping it open? >> The drainage ement itself. >> Yeah. >> Um we were planning on leaving that open um so we don't obstruct if any access is needed to it and I think we were probably proposing around that maybe some arborite something you know >> well because if it's a if it's going to be single family >> drainages >> the drainage gives you not only a a physical buffer but >> you can use it to help create a visual buffer in there. This is just the physical separation, >> right? And and we're talking about the single family development to the west.

Yeah, I think potentially maybe putting some landscaping up along that property line. Uh obviously outside of any storm water features to help kind of buffer that view that [cough] they'll see. Um we can certainly incorporate that. >> Uh since well, the only thing the other thing I would say is and I know that they're being revised as we speak. In addition to the windows, I'd suggest that um you continue the uh artificial stone veneer along the side that fronts along the other street. So essentially you have two fronts and you make that look um just as good as you you did with the front of the >> Yeah, I can make sure they add that in.

>> One other quick question, Josh. I'm the the drawing that's up. The easement there, that's a power line easement, I think, [clears throat] if I recall. Correct. >> Yeah, I believe there's a easement to RG&E. >> Yeah, there's transmission lines that run through that between the two properties because I know Richard uh Richardson can line utility was in there doing work. >> Yeah. Along that west property line, that's where actually power poles run through along that line and then further north. Will your structure allow them if they have to get in there because I know they bring in tread tread trucks to get in there because it's soft land and they and everything.

>> Yeah, it should. I mean, they should the access I believe I think it's maybe 100 foot. >> That's all I just want to make sure. >> I only asked because I grew up in the high voltage line utility family. So I understand part of the approval with the other subdivision is that we need to provide 100 foot separation from the power lines for the single family residential structure so that they do have full access to their easement. >> Uh I do have a question because the elevations don't identify what is the [cough] height of the building. I see the 14 ft to the uh to the sopet. I don't know what the height is to the mid point.

>> I I don't I don't know the pitch on the roof. I I I I know it's under 20 ft, but I don't know I don't know the exact height. >> Okay. Cuz as I calculated, it looked like it was over 20 ft. And that's why I was asking. >> I I can confirm with the architect what that pitch is because if it's >> what I'm going to say is [clears throat] from my standpoint, if we make a motion, we're going to make a motion to make sure it is 20 ft or less. >> Understood. So, >> and you won't be >> storing or using the attic space for anything. That'll be vacant. >> Correct. Correct. >> And that in all likelihood we'll be saying that >> uh it's strictly a storage garage and although it makes sense to put in a bathroom so you're not using the model that it won't be converted to an office or any other commercial.

I think that's a fair condition that it can't be converted without coming to the town for approval of the change of use. >> Yes. >> Thank you. >> Other questions from the board? >> Anybody from the public want to speak for or against this project? >> No. We'll bring it back to the board. Any other comments from the board? >> Okay. >> No. I'd like to make a motion for a type two action under seeker pursuant to NYCRR section 617.5 of the environmental code. >> Second. >> All those in favor? >> I >> um findings. >> Sure. uh because it's not an entirely uh developed community uh I don't believe that based on the applicant's presentation that it will create an undesirable change in the essential cor character of what they believe their neighborhood will be uh based on the uh renderings or the based on the architectural drawings they submitted uh I don't think there'll be a detriment to the nearby properties especially especially right now since there are none.

Uh while there may have been other remedies, this this particular one makes sense based on the size of the lots that are available. Uh I don't believe the uh requested variance is substantial. It's uh based on it's located based on one of the larger lots and based on the applicant's agreement to make the sides of the proposed garage that face streets to to have the same architectural treatment including uh the stone veneer. uh the proposed variance will not have an adverse effect on the environmental conditions and well I believe the difficulty is self-created uh based on current uh conditions it uh ends up being probably the best place for the garage at this point in time for the proposed development.

>> Anybody else want to add anything? >> No. You want to make a motion? >> Sure. Make a motion that uh we approve the Bellotera maintenance garage located at Terra Verde Way 209. Applicant Tom Thomas that we approve his area variance to allow front setback of 15 ft where 35 ft is required. >> A side set back of u is that did you change relative to 15 or just the >> 15? Yeah. >> Okay. side step back of 10 15 feet to allow an accessory structure to be located nearer to the front property line than the rear wall of the main building and to allow an accessory structure to be 69% of the square footage of the main building where the code allows a maximum of 25% on a 0.4 acre parcel having SPL number of 065.02-6-20 02-6-20 located the LMR lowmedium residential district under sections 350-15 and 350-36 of the code of the town of Webster >> uh with with the following conditions of a maximum height of uh 20 ft that the building will not be used for commercial use um unless coming back to the board and getting prior approval.

Uh was there any other >> and and to put in the architectural elements of the veneer and I guess the planning board already you're putting in additional windows for the >> right and landscaping. Yes. >> Okay. >> All right. >> All right. Mrs. Vololo. No, wait. Mr. Senola. >> Hi. >> Mrs. Volo. >> Hi. >> Mr. Short. >> Hi. >> Mr. Spanado. >> Hi. >> Mr. Mascara. >> Hi. >> All right. your uh your client has the variance. Um you know the steps you have need to go through planning u building code all that. So >> thank you very much. >> Happy Thanksgiving. >> Thanksgiving. >> Okay. >> All right. Next up uh 1252 Bruisie uh Drive.

Applicant Brian uh Bowler. >> Hopefully I said that right. >> You did. >> All right. So this property is located in the R1 single family residential district. Uh the request is for a side setback of 1 foot where 15 ft is required and the proposal is the remediation of an overpoured concrete patio of an ingground pool. I would also like to point out to the board that in conversation with the applicant, they had mentioned that they will be removing the portion of the patio that is um on the neighbors property, but given advice by me, uh I told them to wait to do that to see what the board would say so they didn't have to do any digging up of a patio twice.

So, I would just like to make that clear. the applicant is trying to remedy a situation and they are more more than uh happy to be removing anything from anybody's property line. So, >> thank you. I was going to ask that question. I appreciate that. >> I had a feeling. Where did this just go? >> Okay. We uh we moved into our new Baron home in September. We hired Northeastern Pool and Spa to put in a pool for us. Northeast Northeastern's preferred concrete supplier is I forgot what name >> Lake really excited. >> Out of Buffalo, um gentleman named Chuck came to the house. Um I first thing I did was handed him my instrument survey.

Um when we closed on the house, we did not have lot markers. And so immediately after closing, I contacted the surveyor and requested them. The surveyor said he would have to check his contract with Barry to see if the lot markers were included. I said, "It doesn't matter. I'll pay for them. I need lot markers to see where my lot lines are." Um he called me back a few weeks later and said it is in the contract but you're going to have to wait because I'm very busy and I'll get them on your property when I get to them. So the pool went in um the concrete was poured um and the lot markers went in after all of that.

So the night that I came home from work after the lot marker was installed that day I lined things up and said, "Oh goodness, I have a big problem on my hands." So, I unfortunately paid Lakeside $22,000 to pour that concrete for me. Um, they said that their staff was was laid off for the season and they couldn't come remedy it. [laughter] And they wanted me to call this guy named Bob and slip them $350 in cash and he would come cut the corner off my patty and we'd all keep our mouths shut and that would be the end of it. [laughter] >> So, you're still $350 richer? Well, I saved my $350. Um, and my my choice to was to immediately go to the town code and figure out what the deal was.

I was a little bit confused by the town code because there's two references to pool patios. Um, one talks about being um 12 in or less above grade. And I thought, oh, great. I can go right up to the lot line because it's less than 12 inches. It's graded right up to um level with the uh the concrete. But the other one does talk about the extension the setback applies. I I don't know the exact terminology, but it's 15 feet from the edge of the concrete if the concrete is contiguous to the pool. >> So that's when I realized I had a problem. Called Erica, put in my application. So I was hoping to um request a one-oot setback.

I still have to put my permanent fence in. I'm very anxious to get that put in, but I put everything on hold until we came to this meeting and got resolution. >> [cough] >> You have your permit for your fence? >> Well, I was told that the permit for the fence should be included in the pool [clears throat] permit and I included that in my application. >> Okay, very good. >> Any questions from the board? >> Feel for you. That that's a >> selling a house, building a house, and moving was a nightmare. And then having this pop up afterwards was just >> icing on the cake. >> Exactly. Um I I'm curious how the That's not what we're here for.

Uh questions from the board. Um comments. >> I'm assuming they're just going to cut it to fix it or like they going to dig it out. Jack Hammer it out when they >> actually Nor Eastern is willing to make everything right no matter what has to happen. I called the owner of Nor Eastern and he's a great guy. He said, "Don't worry about Lakeside. We will manage this. We will cut it back where we where you tell us." >> So they're going to cut it. Y >> right. It's got to be cut and then they're gonna have to take the stone out. >> Yeah. Okay. >> Okay. That's the simplest way to do it. >> So, you're gonna cut it one foot from the property line just to give you enough room to get your fence in.

>> Enough room to put the fence in. Right. >> Okay. >> Any other questions from the board? My my only question, and it really isn't because everybody has a weed eater, is just maintaining that narrow strip of grass or stone or whatever it is that ends up there. Um, being only a foot wide, you're not going to get a mower through there, but I'm assuming that you have some tool that will do that. >> My plan is to put stone around the pool fence. >> Okay. >> In the past, we've This is our third pool. In the past, we've always had mulch, and it's a nightmare with the pool. So, I plan to put in stone there, so it won't require any maintenance.

>> Okay. >> Okay. Is there a neighbor? >> Is there a neighbor there? >> Um, >> is there a neighbor? Like, does somebody own the property next door? >> The property is under construction. Barry's building the house next door. >> The only So, the neighbor, I guess, >> technically. >> Okay. Um, any other questions from the board? >> It's such an odd shaped lot. All of the lots over there because of the curvature of the road are very unique. >> Um, so without those markers, I would have assumed that the lots the side yards were more parallel than they are. >> There was but he had he had an instrument >> levels of >> a survey instrument.

I just >> I >> I'd fire the concrete guy, but >> for sure >> that doesn't [laughter] >> Well, the same concrete guy did very good friends of ours over on Yardley Court the same week. >> And when he got together with them, he took out spray paint. He knew about the 15- foot setback. He went through the thorough explanation with them. He didn't do any of that with me. >> That That's what I >> That's the part that has me so distressed. >> Yes. Well, yeah, because >> link >> it's a different diligence in your yard than you did [clears throat] for your friends. >> If there's no other question, [cough] I'll open up for the public.

But, uh, [clears throat] anybody from the public want to speak for or against this project? >> Okay. [laughter] Appreciate it. Thank you. >> Bring it back to the board. >> All for it. Um, any other any other comments, questions? I mean, normally I with this situation, I don't I don't have anything. >> The only thing I would say is um based on the application material, his building permit says we'll need to apply for a separate fence permit. >> Well, that if that if that's written in there, then that's exactly >> No, I'm just I'm just letting you know that that's what your building permit says.

So [clears throat] just one more >> paper verify what you need for right ultimately. >> Yeah. Exactly. Yeah. I'll have my fence company take care of >> getting that permit and and it should be able to go right on the lot line because it's within the height. Right. >> Yeah. So I'm I'd like to make a mo uh motion >> seeker. >> Thank you. A seeker motion type two action under seeker pursuant to NYCRR section 617.5 of the environmental code. >> Second. Second. All those in favor I >> I >> um All right. So >> I have to appre appreciate that the applicant didn't just ignore it and is trying to fix it.

>> I did have recommendations from people to ignore it even from my neighbors. They said just don't worry about >> well because it's flat like no one would see it until we did and then >> Right. But I'm the one that has to live with it and that's not how I live. >> I appreciate that very much. >> I do appreciate that. >> Yeah. want to do the findings? >> Sure. >> Okay. >> If I can find my sheet. >> Um, the neighborhood's new, so really not out of character of the neighborhood. We're And we're going in a foot from the lot line. Correct. >> Correct. >> So, it's it's really not out of character. Um, not in this neighborhood, but there's another fairly new neighborhood off of I think Salt where everybody has a pool and all of the edges of the pool seem to end up closer to the lot line than is permitted.

So, it's not we, the board has seen this before. Um, it's not going to be a detriment to other properties. um the applicant is making it right by moving it off of the neighboring property and as it's at grade level um it's it's really not going to be a visual eyesore at all to the other neighbor um achievable by any other method. No, it's already there in error. So this is the method that corrects the error. Um the request is substantial but not um in that it's it's a flat it's just a flat piece of concrete. There's nothing built up on it. So it's not going to be a line of sight issue um to any of the neighbors around it.

No adverse physical or environmental impacts to the site or the neighborhood. Um and in this case it is not self-created. You cut the problem that was created by your subcontractor. >> [cough] >> So with that, anybody have anything else to add? No. >> Then I'll make a motion to grant an area variance at 1252 Abusey Drive to allow a side setback of 1 ft where 15 ft is required associated with the construction of a pool patio for a 512 ft inground pool on a halfacre parcel having SPL number 050.03-1-70 located in an R1 single family residential district. Second >> Mrs. Ber >> I >> Mr. Short >> Hi >> Mr.

Spanado >> hi >> Mr. Senola >> hi >> Mr. Mascara >> I >> you have your variance for um one foot setback of the uh patio um you don't need a permit to get it cut and out of the way. So you just get it cut and out of the way. Appreciate it. um and get that fence installed. Check obviously check to make sure you have the permit for that. >> Absolutely. >> Happy Thanksgiving. >> Thank you all of you. >> Thank you. [clears throat] >> Last item was tabled. Um >> so we just have the garage. >> No, we still have one more line. >> Uh 670 County Line Road. >> So, uh applicant Ryan Kutchman >> Cookman. >> Cookman.

It's uh located in the large lot residential district. It's requesting a variance [clears throat] for the overall size of an accessory structure. The proposal is the construction of a 700 ft² addition to an existing 2500 ft accessory structure totaling 3200 square ft. >> So, uh one one quick correction to that. Um the total total proposed structure of the 3200 ft² is correct. The existing structure is 40x 48 which is 1920 ft. Just wanted to clarify that. Um no no changes to the overall structure of the existing building. The roof line will remain the same. The siding all the characteristics of the building would be the same.

It's just a an extension off the back towards the lot line that I share with the uh Fairlife construction plan. Um I drive by the property regularly. It's actually how I come home most [laughter] of the time. So um I've known that it's there, but you can barely see it from the street. >> Yeah. Um, and going further back, you're not really going to see it at all either. Um, what what is the intent of the additional square footage? >> Just storage. Additional storage. >> Okay. And you said you're keeping the the ridge line the same. You're not going any higher or anything else. >> Correct. Yeah.

Everything about the building, it would just be longer a longer version of what what's there today. >> Same color, same materials, all that. >> Is it heated? >> Pardon? Is your pole bar heated? >> It is not. >> Okay. >> Any intent? >> And no other utilities to it? >> No other utilities to it. >> Okay. >> Electric. >> Pardon? >> No electric. >> Oh, yes, there is. Okay. Sorry. >> But no water, no heat. >> Yep. It has one one center light fixture. >> Okay. And it's only only for storing of your own personal material. It's not going to be used for business purposes. >> Correct. >> Okay. >> Other questions from the board?

>> [clears throat] >> No. No. >> Uh like to open it to the public for um that want to speak for or against this? >> No. Okay. Bring it back to the board. Any other comments from the board? No. I'd like to make a uh motion for a type two action under seeker pursuant to NYCRR section 617.5 of the environmental code. >> Second. Second. >> All those in favor? Hi. >> All right. Um findings uh request is uh not at a out of character for the neighborhood. Uh in the large lot district, there are uh plenty of people with uh pole barns and large pole barns with with on their properties. Uh the structure itself is set uh far enough back behind um behind the residents that uh it's it's very difficult to see that it is there.

Um it's not a detriment to nearby properties um as because of its location because of the uh the distance from uh from the neighbors. Um the request is substantial in the size but again due to the size of the lot the um and the area and um present elsewhere uh it is not uh significant uh no adverse physical environmental impacts. um difficulty is it is self-created but again it is u it is not out of character and not um it's not a detriment to uh to anything um that is anybody else want to add anything >> well selfcreated it it it's a good solution >> yes and the material is going to be the same material so it'll blend very nicely into what is already there.

All right. Anybody else want to add anything else? Nope. All right. I'd like to make a motion uh for uh an area variance uh located at 675 County Line Road um to allow a 700 square foot uh addition to an existing >> How many square feet was it? >> 19. It was 1920 ft. It'll be um the total square footage will increase to 3200. >> 3200 >> um uh to allow uh an addition to an existing 19 uh 1,920 square foot building for a total square footage of 3,200 square ft. um poleb on a 3.2 acre parcel having SPL 066.03-1-36.2 located in a large lot res or LL large lot residential district under sections 350-135036 of the town or the code of town of Webster.

>> Second >> second >> Mr. Short I >> Mr. Senola. >> Hi, >> Mr. Mascar. >> Hi, >> Mr. Spanado. >> Hi, >> Mrs. Wolo. >> I >> uh you have your variance. You have to uh get all other town code um permits. Um due to the size, Josh, does this have to go to the planning board? >> Well, [clears throat] that's a good question. um it did originally when it was built, >> right? Right. >> Because of the size, um this would be what I would refer to as a gray area. It's not explicitly stated in our code whether or not it does. Um but since they've provided material [clears throat] showing that it's going to be consistent with the existing, I don't necessarily feel that it would planning board approval.

>> Okay. Um >> it's an existing structure with an addition technically, >> right? >> And we just did one around the corner on Schliggel. >> So, [snorts] uh building permit, one year to complete. >> Um that's everything at this point. Happy Thanksgiving. >> Happy Thanksgiving. Appreciate your time. >> Thank you. >> Um >> we have minutes. >> Minutes >> or is that next meeting? No, we supposed to do minutes. >> September Erica has we have minutes to approve. >> September 9th minutes. >> The September 9th minutes that I sent to you guys. >> Yep. I look at them. Y >> corrections. >> Yep. >> Yes. I sent those out as well.

Did you not get them the corrections? >> No, >> I Yeah, I don't remember seeing the correction until the original Okay. Would you like that? >> We can double check and do that at the next meeting if needed. >> Yeah, >> that's easy enough. >> Okay. >> All right. Uh that concludes our meeting um zoning board meeting. Thank you everybody. >> See you in two weeks. >> See you in two weeks. That's quick. [laughter]