Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

Corrine Volo Michael Short

James Spampinato Adam Prescott

Chris Centola

John DeMarco, Attorney

Katherine Kolich, Recording Secretary

Josh Artuso, Director of Community Development

Erika Corsi, Planner of Community Development

2025. On the agenda this evening we have one tabled matter and three scheduled matters. We do

have proof of publication that was in the Webster Herald from last week. I will ask if anyone

whose wishing to speak during the public portion will sign in at the podium with your name and

address and then if you are wishing to speak you will then be limited to five minutes and then we

will continue to the next person. The board does reserve the right not to start any further

applications after 10 pm if need be.

Pledge of Allegiance/Call Roll

Summary of Application Outcomes

TABLED MATTERS

:

1. BEST BUY AUTO SUPPLY-771 RIDGE ROAD

2. COMMERCIAL VEHICLE PARKING-741 HAILEY DRIVE

SCHEDULED MATTERS

:

3. VIP MOTOR SPORT-1186 RIDGE ROAD

4. PRIVACY FENCE-457 THRUSHWOOD LANE

Pg. 120 July 8, 2025 Zoning Meeting

r

5, 3-SEASON ROOM-918 LOTHARIO CIRCLE

6. GARAGE ADDITION-860 BUTTERMILK CIRCLE

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

requesting a USE VARIANCE to allow the construction of a 2,856SF motor vehicle service

station addition, associated with an existing used car sales business on a 1.73-acre parcel having

SBL# 079.17-1-21.11 located in the MC Medium Intensity Commercial District under Sections

350-18 and 350-70 of the Code of the Town of Webster.

Appearing before the board was Allan Mallette. So, I put together this packet and I hope it’s

everything you were asking for. Do you have any questions on what is in this packet, and I am

more than happy to answer to the best of my ability. Would you guys like me to go through it or

do you want to ask me questions on anything on it.

that you put together in the document. So, according to the information that you provided, if

you're outsourcing the service I’m going to call it pre-sale and post-sale warranty. So, pre-sale

service, when you outsource il, it’s approximately $1666 per vehicle and if you were to insource

it, it's about $1091 per vehicle and then your warranty would be approximately $900 vs $600 for

vehicles based on the information that you provided with your labor rates vs outsourced labor

rates and then looking at your sales per year from your 2023-2024 sales from April | to March

31" were 321 vehicles and then that same period 2024-2025 was 360 vehicles.

service costs are between 6 and 700,000 dollars a year.

So, wither way, it’s about a $200,000 dollar savings per year for the applicant to be able to do the

service in house as opposed to having to farm it to other people. And that doesn’t take into account

potential delays or delays in either your current customers getting their vehicles back or new

customer. You being able to get a new car into the fleet in order to sell it as well and that doesn’t

take into account if you get price increases because right now, you're getting volume discounts.

Pg. 124 July 8, 2025 Zoning Meeting

Town of Webster

NEW YORK | Est. 1840

Town of Webster Zoning Board of

Appeals

July 15, 2025

Property Address

Applicant

Representing Agent

Zoning District

Request

Proposal

771 Ridge Road

Allan Mallette

Allan Mallette and Nor-Web Inc.

MC Medium-Intensity Commercial District

Use Variance to allow service garage to existing auto sales business.

Construction of an approximately 2,856 SF detached service garage.

§ 350-18 MC Medium-Intensity Commercial District

§350-101D (2)(a) —- Use Variance.

Project Location

e Entire parcel is

outlined in blue.

* Project site is

outlined in red.

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Use Variance Standards Review Cr

No use variance shall be granted by the ZBA without a showing by the applicant that applicable

zoning regulations and restrictions have caused unnecessary hardship. In order to prove such

unnecessary hardship, the applicant shall demonstrate to the ZBA that for each and every permitted

use in accordance with Section 350-101D(2)(a) of the Zoning Ordinance:

1. The applicant cannot realize a reasonable return, provided that lack of return is substantial

as demonstrated by competent financial evidence.

2. The alleged hardship relating to the property in question is unique and does not apply to a

substantial portion of the district or neighborhood.

3. The requested use variance, if granted, will not alter the essential character of the

neighborhood.

4, The alleged hardship has not been self-created.

Reasonable Return

Provide a justification based on competent financial evidence that every permitted use for the site

cannot produce a reasonable return

Currently having to out source all the mechanical work to several repair shops. Some of those

shops being in other towns due to high labor rates.

04/13/2025

Description

Qiyr

COST PER

UNIT

Outsourced

COSI PER

UNIT

Difference

Labor

Service Transport

Parts

Fuel

Standard costs per car sold

Labor per avg repair 10.7 hrs(10

car avg)

2 Employee transport cost 30 min.

per trip

Avg cost of parts (10 car avg)

677.14 per car

Transport Fuel Cost (Monthly AVG

30 cars)

Costs associated with repair/sale

avg lobor+evg port+transport

"7" 44

214.00

8.77 1.44

ve

wn

"9.00

35.00

£65.84

749.00

35.00

8,771.44

5.70

1,666.84

$

(535.00)

(35.00)

(8.70)

(575.70)

Labor, Service Transport, Parts, Fue

Cost per Car Sold Breakdown

* 3575.70 more expensive per repair when ouls — Insourcing repairs saves $575.70 per vehicle, this is driven mainly by lower labor and

transport costs, with parts being equal in both cases. Compared to outsourcing.

Category Insourced Outsourced Savings

Sis $214.00 $749.00 7 $535.00 Higher I.abor Rates which are rising duc to the economy

Transport $0.00 $35.00 Y $35.00 Transport and handling fees

Fue! $0.00 $5.70 Y $5.70 Potential risk of accident injury to cur employees and legal and financial

Total/Car $1,091.14 $1,666.84 7 $575.70 responsibility to the business

_ Seen reagown ¢ Callback — a vehicle that

veces Avs tr) ($509.05) Serpe enn comes back for re pair d Ul ng

Cyt salba cata «08.70 awed se the warranty period after being

veal Sats sn vows sold. On average 1 in 3 cars

sold become callbacks

(fil Assumptions Based on the Sheet

¢ Labor (5.3 hrs) @$20/hr $106.00

« Avg partscost $509.05

* Transport cost (small or internal) is likely minimal but included in $615.05 total.

« Qutsourced vendor charges $920.75 per callback repair.

Employee Hiring Cost Breakdown

¥

1. Hiring Cost per Employee

« Starting wage: $20.00/hour, based on service tech. wages at our other locatians.

8 Wages (for reference)

Description Qty Cost per Unit Tatal «Full-time equivalent:

40 hrs week - 4.33 weeks 173 hours month

173 $3,460/month per employee

e For 3 employees

Hiring cost peremployee 3. $225.00 $675.00 $20.00

‘This includes expenses like:

« Posting ads (Facebook or classifieds)

e Printing road signs

e Background checks, onboarding materials, and admin time

VY

2. Employee Benefits (Optional Monthly Cost) Only 1 in 4 employees opt in

for these benefits on average.

Description Qty Cost per Unit Total

Monthly hencfits (if employee opts in)! $366.45 $366.45 per employee

« ‘[hbis is the monthly cost per employee if they sign up for health or other benefits.

° [fall 3 employees enroll, the monthly total would be:

3 « $366.45 $1,099.35 per month

$3.460

“

2

$10,380/month

Employee Hiring Cost Breakdown

fl Summary

Cost Type Amount Frequency

Hiring Costs $675.00 (3 x $225.00) One-time

Monthly Benefits (all opt in) $1099.35 Monthly

Wages $19,380.00 Monthly

|| Conclusion

This breakdown helps you estimate the initial and ongoing costs of expanding your service

department. Your strategy of using low-cost marketing channels keeps hiring expenses low.

The main recurring costs will be wages and optional benefits.

Uniqueness

Explain what is unique about the proposed request in relationship to the particular property. Justify

how the stated hardship is not experienced by a substantial number of property owners in the

zoning district and surrounding neighborhood.

This property itself is unique that it is currently zoned for “Auto Sales” but not “Auto Repair” when

neighboring properties are. The property is currently relatively flat and wouldn’t require any major

digging or fill to have an accessory building built.

3) Cae

“Ss

Character of the Neighborhood:

How is the requested variance consistent with the character of surrounding properties? How would

the requested variance change the character of the neighborhood?

The intent is to build the structure so it blends in and matches with the existing building on the

property, just like the other businesses in the immediate area.

Self-Created Difficulty

How is the need for the requested variance not self-created?

Loss of business due to slower turn around times, having to utilize other businesses to perform work, when

they have their own customer base to prioritize.

Additional Hardships

e Delays in Scheduling Sold Vehicles for Service

Causes significant delays in completing sales.

Results in potential lost sales due to slow turnaround time.

*« Callback Costs

Callbacks refer to vchicles sold that require rcpair during the courtesy warranty

period.

Outsourcing repairs can extend customer wail times due to scheduling conflicts

and limited service availability.

Leads tu customer dissatisfaction and potential damage to dealership reputation

¢ Higher Repair Costs from Outsourced Services Other Contributing Factors to Financia) Hardship

Repair expenses are ofien higher compared to im-house service.

[ess control over pricing and parts quality. « Extended Vehicle Downtime

* Loss of Efficiency and Communication Control Outsourced vehicles may be out of service longer. affecting inventory availability

Coordination with extemal vendors increases administrative workload. and turnover.

Miscommunication or delays can negatively impact customer service. » Inconsistent Service Standards

Variability in repair quality and timelines when relying on third-party shops

Pre-existing Dealership Standards

Historically, the dealership maintained an average of $1.400 per vehicle in sales

and repair cost before opening the new location.

Current outsourcing and operational challenges hinder matntatning or exceeding

that benchmark.

We have been lucky cnough to receive a special pricing system, due to the

volume of repairs we outsource these service departments. These special

discounts are subject to rise or change to the *full price at any time

give us discounted labor rates because of the volume of business that we do provide them.

spreadsheet, I was like oh my gosh, it doesn’t look like a lot per vehicle if it’s, you know, $1,600

or $1,100, but over the course of many vehicles.

$600 a vehicle times $360 vehicles. Is that right. Which is about 216,000

approximately the savings per vehicle.

couple hundred thousand dollars. $210,000 that you put back in your pocket. Okay, so and you

know, again, when you read what's required of a use variance, we asked, I think to give greater

context for the board last time that we have an idea of the business savings, but the analysis really

runs to the property more so than the business, but I still think it’s a good thing for the board to

work through for the....to get the context of why this is a hardship. So, that $200,000 dollars give

or take, juxtaposed against the cost to build, pay the mortgage right, was that I the previous chart.

taxes is. I’m assuming there is some utility costs, but it sounds like obviously over a 10-year

period, you’re going to...at that $10,000 dollars will be washed in the $200,000 savings so it

certainly sounds like it’s a net positive for the building.

want to re-open it or ....does anyone else from the board have any questions at this point and

ime.

application. All right, seeing no one, I will return the discussion to the board.

Pg. 122 July 8, 2025 Zoning Meeting

the inability to use the property for any of the permitted uses. Was that covered.

business.

of ....how do | interpret it for an existing business.

department.

point of the use variance. Let me say this, there’s going to be a difference between what makes

logical sense and what the law requires, which is not unusual. And so, the use variance requires

that analysis that there are other permitted uses will not allow a reasonable return on the property.

I didn’t took at what the other uses are there.

down by offsetting his repairs and going from there because across the street you've got a Ford

dealership, a Chevy that already have it. He just wants to do this for himself to make more money.

question, what you would do is you’d have to move your business to a location where you can

have a mechanics garage.

requires. The board can do whatever it wants alright. My job is just to advise you what the legal

requirements are,

it Should at least review what the other allowable uses are for the lot. What are those. Can the

staff tell us what those are.

Pg. 123 July 8, 2025 Zoning Mecting

you to review. (ERIKA PULLED UP THE CODE 350-18 MC MEDIUM INTENSITY

COMMERCIAL DISTRICT) SEE ATTACHED.

have to unincluded because I don’t want to sell the property. That is not the standard.

property, and I can’t get anybody within any of those uses to purchase it....that’s typically when

we see this. When it’s a use variance because I can’t find a buyer within the purview that’s

permitted. But in this instance, it previously was an automotives sales and service department. |

believe Neri was the last one that was in there.

helpful.

car there, but they did work on cars they were selling was what I was led to believe in trying to

buy things from them.

would have probably been the time to come for service, but at the time you guys came for vehicle

sales not realizing what an impact it would have on your business not to do the service in house.

Can the board or how does the board consider, that if | leave this driveway and turn left that 1

have two automotive sales and service locations that are on the same side of the road.

Pg. 124 July 8, 2025 Zoning Meeting

7/9/25, 258 PM Town of Webster, NY MC Medium-Intensity Commercial District

[ Town of Webster, NY

Wednesday, July 9, 2025

Chapter

350. Zoning

Article Ill. District Reguiations

§ 350-18. MC Medium-Intensity Commercial District.

{Added 6-17-1993 !"]

The intent in creating this district is to provide a choice of business locations for commercial uses

furnishing a wide range of goods and services to individuals and other businesses. Such establishments

should be scaled to meet Town-wide needs. Such uses are located primarily in single-purpose buildings

or small shopping plazas. Medium-intensity uses should be allowed only on parcels with adequate size

to provide landscaped open space, parking and building setbacks. Conversion of residential buildings to

medium-intensity commercial use should not be allowed on undersized lots. The Town intends to

encourage owners of small parcels to work together to provide shared access and adequate parking

and landscaping. If a landowner cannot combine parcels or work with adjacent property owners to

provide landscaped open space and shared parking and access, such lots will be considered for a

limited range of low-intensity commercial uses. The following shall apply in the MC District:

A. Permitted uses shall include and be illustrated as follows:

[Amended 12-21-1996 by L.L. No. 8-1996; 5-7-2004 by L.L. No. 1-2004; 5-19-2011 by L.L. No. 2-

2011; 3-3-2016 by L.L. No. 1-2016; 8-15-2019 by L.L. No. 2-2019]

(1} All those permitted in LC-| Neighborhood Commercial and LC-!] Low-Intensity Commercial

Districts.

(2) Appliance sales.

(3) Bar, tavern and cocktail lounge.

(4) Child and elder care facility.

(5) Commercial print shop.

(6) Commercial recreational facility.

(7) Convenience store, without gasoline sales.

(8) Drugstore.

(9) Employment agency.

(10) Ftoor coverings.

(11) Funeral home.

[ (12) Furniture sales.

(13) Grocery store.

(14) Indoor amusement center.

(15) Lawn and garden supply store.

Khan Hannd aden nam inrintAMC hon ended BOF IAA

7/9/25, 2:58 PM

;

Town of Webster, NY MC Medium-Intensity Commercial District

(16) Medical and dental clinic.

(17) Medical and dental laboratory.

{18) Office machine sales and service.

(19) Printing and publishing establishment.

(20) Restaurant.

(21) Storage facility-interior access/climate-controlled: defined as a facility that is designed for

internal access to storage space by the various renters or lessees who individually have

personal access to the secure section of the facility so leased for the purpose of storing and

removing personal items from the interior access storage space.

(22) Variety store.

(23) Communications towers.

(24) Any accessory use to a permitted use upon the approval and issuance of a special use permit

by the Planning Board pursuant to the procedures and standards as set forth in Chapter 269,

Article IV, of the Webster Town Cade.

(25) Other similar uses which are not permitted in any other commercial district upon a finding by

the Planning Board that such uses are of the same general character as those permitted in the

district and that such uses will not be detrimental to the other uses within the district or to the

adjoining land uses.

(26) Uses requiring a special use permit by the Town Board under Chapter 269, Article III:

(a) Kennels, subject to the following additional requirements:

[1] Minimum lot size: 50,000 square feet.

[2] Shelters for animals within kennels must be behind the rear building line of the

principal structure and shall be no closer than 50 feet to all lot lines. This shall include

all outdoor areas enclosed by fences.

[3] A noise and visual barrier consisting of suitable fence or dense vegetative planting

shall be provided, fully encircling all kennel areas not enclosed in a building.

[4] All animals must be confined to an individual crate or cage within a building between

11:00 p.m. and 6:30 a.m.

[5] All dogs must be licensed where required by state iaw.

[6} No offensive odors shalt be emitted by the site.

[7} No storage, composting, or incineration of waste shall be allowed on the site.

[8} Kennels shall comply with the requirements of Chapter 140, Dogs and Other Animals.

[9] Fences shall comply with § 350-79 , Fences.

[10] In reviewing an application for a kennel special use permit, in addition to the criteria in

Chapter 269, Article Ill, the Town Board may also consider:

[a] Provisions for controlling odors and noise.

[b] Waste disposal plan.

[c] Supervision of animals.

[d] Adequacy of outdoor areas.

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7/9/25, 258 PM

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B.

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Town of Webster, NY MC Medium-intensity Commercial District

[e] Visual buffering.

[ff Soundproofing for buildings

[g] Maximum number of animals to be maintained.

{h] Hours of operation.

Dimensional requirements shall be as follows:

(1) Minimum fot area: 45,000 square feet.

(2) Maximum lot coverage: 20%.

{3) Minimum lot width: 150 feet.

{4) Maximum building height: 35 feet.

(5) Minimum setbacks:

(a) Front: 50 feet.

(b) Side: 20 feet.

(c) Rear: 75 feet.

(6) Minimum buffer area (except where the district buffer area is applicable):

(a) Front: 50 feet.

(b) Side: 20 feet total.

(c) Rear: 25 feet.

District buffer area:

[Amended 2-18-2010 by L.L. No. 3-2010]

(1) The minimum district buffer area between any proposed nonresidential use and an adjoining

residential single-family residential district shail be 100 feet.

(2) The minimum district buffer area between any proposed nonresidential district and an adjoining

different nonresidential or multiple-family residential district shall be 75 feet upon a finding of

the Planning Board that buffering is desirable because of the variation in levels of intensity of

use between the districts.

Site plan approval under Chapter 269 of this Code is required.

nas fa IR DAMIAN IRA

will or will not be deprived of all economic use or benefit from the property. Now, it’s not that

he’ll be deprived of all economic use, but based on the information provided to us, it would be

approximately a cost ... All right, is a reasonable return if I'm losing $200,000 a year by having

to send out for service.

property. Which the board is skipping over that part of it, or the applicant is skipping over that

part of it. What I am hearing the board say is, hey, look, this is different because he’s already

operating a business there. No question about that. But there wants, there needs to be, or the

applicant wants an additional component of the business which is allowed. So, you need a use

variance and Lypically the use variance. ..the reasonable return is characterized by allowable uses

akin to when you sell a piece of property. If you can’t sell it, and get a reasonable return, that ‘s

usually driven by the fact that the allowable uses for that property, no one’s interested in buying

it because they can not operate it at a reasonable return. The sale price is too cheap, too cheap for

the seller to sell.

let's say everything gets approved and he built it. Now, he wants to move his business to another

town OR it closes up, whatever the reason might be. So, now he has to go sell it. First of all, if

he doesn’t find a business or a buyer doesn’t want to use like the sales room, they may just tear

everything down and then build what they need. How does that now come into effect. Because

what if it’s like....So what you’re saying is it’s got to be usable for this or it’s got lo meet the

criteria, which I understand, but like let’s say, you know, [ don’t need a showroom. I don’t need

this. So, I'll buy it, tear everything down, and build something brand new that fits the code. How

does that fall into place.

wants {0 build..........

sales or automotive, and they said, I just want a piece of property. I’m going to rip everything

down, build my own building. How’s it change.

John DeMarco; It doesn’t. There's nothing...

what I’m saying. You know, you know, you're trying to find someone that meets that criteria,

like, you know, right now it’s set up technically for some automotive sales and service.

Pg. 125 July 8, 2025 Zoning Meeting

doesn't have to have a projection of what they're going to build. Now, most commercial buyers

will say, Hey, I want to buy your property. It's going to be contingent upon the town’s approval

to put X YZ on the property.

Either I’m the owner of the property trying to sell it and | can’t for a reasonable price based on

there’s no...none of the current uses are of interest or can I look at it as the operator of the existing

business who if I can’t add another portion to that business, another function to the business I’m

not realizing a reasonable return with what | have so I have to...

John DeMarco; [ don’t think that is the standard. However,......

out. The board ultimately can vote whatever way it pleases and if no one challenges it going

forward, it becomes a fix. It’s law. It’s enforceable. When | say turn it inside out is that this board

when it creates a precedence, right, and another applicant comes in and says, hey look, I’m...don’t

worry about whether the other approved uses can function here or not. I want to add a barber

shop to my grocery store cuz my kids are barbers, and I want everybody on the same plat. Got

all these people coming in the store, they can get their haircut. It’s just a great setup. You’ re gonna

have to treat...if that applicant indicates, hey, look, over on 771 Ridge Road you let this applicant

expand their business to a use that’s not allowed there, and you did not make the applicant

demonstrate how the current uses that are approved how he can’t get a reasonable return on his

property. That’s what I mean turning it inside out. It makes logical sense what the applicant wants

to do. You know, we’re all sitting around having a up of coffee. It makes perfect sense. It’s a

great idea, I get it. But the board just has to be wary of the fact that going forward you're

stretching or diluting or limiting the standard in my legal opinion by taking on that determination.

] think the applicant has provided exactly what we asked him to provide from last week.

members feel is the appropriate based on their background and experience. But how would we

tidily bundle it with respect to a use variance if that is indeed what the board elects to do for this

applicant. How do we do it correctly and legally so that if it were to be challenged, the man next

to m that has to defend it would be able to do so appropriately,

other users there were pre-existing before the ordinance got changed and I'm not sure the

ordinance should have been changed personally at least to exclude because you have within

walking distance five care dealerships that all have service and I think the biggest difference here

Pg. 126 July 8, 2025 Zoning Mecting

in challenging the using the barbershop scenario is there aren’t any other barber shops in that

neighborhood. But look over here there are several car dealers that have repair shops. In my mind,

it’ fits in the area .

barbershop scenario. I think it was a good illustration, but essentially there’s the same use going

on al around it. And I think I’m not trying to speak for the board, but it’s kind of hard to tell him

no when within a mile away everyone’s doing the same exact thing. But since it is specific to

this application, how much are we opening up the town and someone in your position to someone

that wants to put up a drive-in theater in a residential district. Because the could say, well, you let

someone in along Ridge Road do something that wasn’t already allowed, so why can’t I do it on

my property. And I’m going way off board with the illustrations, but at some point, and time,

and I know, there's a difference between common sense and what’s legal. So, I guess my concern

was well, at least not until you brought it up and made it a clear point. Are we jamming up the

town if we took at this and say, Yeah, I don’t see any issue with it. From a common sense point,

I honestly don’t know whether or not someone else is going to come by 10 years from now and

say, Hey let this guy do this so I can do anything I want in my yard. And you have to let me do

it because you gave this guy.

bev eee sees BOTH BOARD MEMBERS SPEAKING AT THE SAME TIME.

he pointed out. And I don’t want to do that. I mean, this is but I also believe that the property,

the existing use with the proposed addition, I don’t think first and foremost it’s going to be a

detriment to the neighborhood or the environment . The only question I would have is, and |

know it’s supposed to be a gray area, what's a hardship. You know, I can’t make a million bucks

a year on my property, it isn’t necessarily a hardship. And J know he didn’t say that, but 1 don’t

know where the line is drawn at a hardship. So, but I was, in my opinion, that wasn’t as important

as look on the other side of him and across the street. That's no different even though there’s that

zoning line. That was my guiding until our esteemed attorney brought up the legal aspect of it.

in question is unique and docs not apply to a substantial portion of the district or the

Pg. 127 July 8, 2025 Zoning Meeting

neighborhood. 1 would say in that case, yes, because everybody around him is going exactly what

he would like to do. The requested use variance, if granted, will not alter the essential character

of the neighborhood, since everybody else is already doing it, which I know if everybody is doing

it, it doesn’t mean you're still supposed to jump off the bridge. And the alleged hardship has no

been self-created in that...I don’t know, if I were not on the board, I would not necessarily know

based on all of the other businesses around that I could do sales at that location without fixing the

cars that I’m selling. And then let me ask, I’m going to ask another question, and I know I’m

talking too much. If I go back to all or one or two through four makes sense. So just number one

is the one that has thrown us into the weeds.

We had another application in the past before this board that was an existing use on a piece of

property for the gentleman that does the snowblower snow plowing through out town. And

wanted to add another use to his property because based on interest rates went up and cost of

equipment went up and the economy and COVID an everything and he couldn't make ends meet

and his business could no longer be viable unless he was able to rent out two bays of that building.

How is this different.

historical fact and approval that the applicant which you just did for him could point to as a reason

of why you should approve it.

of numbers from that gentleman thata basically showed his business would not be like without

being able to pay some.

was my other question, but Erika helped me realize that it's not possible is could we do a special

permit that’s only for this applicant at this location, but do you sell it...

with the property through Nor Web leasing. The contingencies of us purchasing this property is

going to be based upon whether we're going to build a service department to continue doing

business in Webster.

Pg. 128 July 8, 2025 Zoning Mecting

ORIGINAL PAPERWORK BUT THEY FAILED TO PUT COPIES IN ALL THE PACKETS

WHEN THEY MADE THEM). It’s I the initial agreement that Best Buy Auto Sales. | got the

signed agreement from Nor Web Leasing allowing us to follow through with this process

knowing we are not the titled owners to the property.

if this lease became...

for. You know what I mean. That amount set based upon what the property is now.

Nerry was there for a while. Probably 10-15 years ago. Maybe longer.

that property.

this (o go through, right. If you can’t, it sounded like for a minute that you would have to move

the business out of Webster.

the lease agreement with it. We have the amount to buy the property as it sits now is ironed out.

We do have an extension in place so that it would give us time if we had to go that route. | mean,

hopefully we don’t have to. You know, we like the area. We've been, you know, we wanted to

make sure the area was going to work for us as well.

Pg. 129 July 8, 2025 Zoning Meeting

the neighborhood.

year out of pocket more by not being able to do their own internal service.

with other used car dealers. You know, what your overhead cost determines what you're going

to sell the cars for. I'd like to move the question if we can. I think we’re going to go around

circles personally.

is bulletproof as we can make it. Which doesn’t men it’s absolutely bulletproof, but if someone

says you did this here, we could show every single reasons why we said yes.

is the proximity of the other service the other mechanics locations, you know, immediately

adjacent to this one. ] mean, that’s a significant factor.

and Shoecraft.

Mile Line and Ridge.

BOTH PARTIES SPEAKING AT THE SAME TIME.

it. Well, there’s one guy on Five Mile Line Road just north of Ridge who’s adjacent to the

frontage properties that also is a used car tot that’s within. But that’s the only are within town

that permits vehicle sales and atl those vehicle sales with the exception of the tow that are around

Five Mile do their own service. And I guess I don’t know what happens at properly on Five Mile

Ridge. I'm not sure if they do service or not. I’ve never...I’ ve only ever driven past it.

the legion parking lots behind them. So, they're landlocked.

forward,

Pg. 130 July 8, 2025 Zoning Meeting

but with less information before. So, I think now we at least have the right information.

RESOLUTION 25-0048 Corrine Volo made a motion UNLISTED

Moscaret

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

I think we covered most of them. As far as unique circumstances, the alleged hardship relating to

the property is unique and does not apply to a substantial portion of the district because everyone

else in the district that’s doing this use is already...that is already doing auto sales has the ability

to do auto service.

The essential character of the neighborhood will not be altered if this use variance is granted

because again, two doors to the left, two doors to the right within that section on the south side of

Ridge Road, there are several other businesses already doing exactly what this applicant would

like to do, and they’ ve been there for years.

I'll say it’s not self-created again because the code is limiting this applicant to not be able to do

what I don’t know if they’re your competitors, but your competitors and other similar businesses

are doing right along the same stretch.

The other remedy is that the applicant can continue to outsource, but if the continue to outsource,

then they’re going to be an additional $210 or more thousand dollars out of pocket annually to not

do this.

But then the reasonable return, can we apply that to the reasonable return of the existing business

without the additional function or does it have to be upon the sale of the property. And I guess |

don’t now the right answer to that.

Pm trying to sell it and I can’t or Pm trying to make a go of it with an allowable use and within

Pg. 131 July 8, 2025 Zoning Meeting

that allowable use unless I don’t have a little bit more of a use. J can’t make a reasonable return

Which kind of how I read that.

to....you can’t sell a car for....Well 'm just throwing numbers out there $1,000 dollars that

somebody else can afford to sell for

800. Corrine Volo: Well, and I guess let me ask the applicant that question. Does that then impact your

pricing. And 1] know every car sale there’s some negotiation, but if currently right now you’ re

paying an extra $1600 dollars....All right. What was the delta between them. So about $600

dollars more to service it than say your competitor next door was able to fix his own vehicles. Arc

you eating that $600 dollars or do you have to add that to the price of the car in order to continue

to break even which then impacts your sales.

make the vehicle to New York standards service-wise and with increasing parts and everything

else, it would be hard to continue. These figures are just going to get worse as time goes. In order

for us to price our cars competitively to sell them, you know what I mean. It’s a, if we are having

(o pul more and more into the cars, we obvisioyly have to sell them for more and more money to

try not to lose money.

the next door dealership for the same car.

like the call back like it was further into the thing. We have to take that stuff kind of into

accountability as well, you know. We don’t have a crystal ball to say whether something may or

may not go wrong within the grace period of what New York State requires dealers to stand behind

their vehicles for, right. That also takes initial cost into effect that we have to account for.

used vehicles. They're pre-owned, they’re not new from the factory

eventually Chevy pays that dealer. This....

Pg. 132 July 8, 2025 Zoning Mecting

try to turn left out on Ridge Road on a Friday night at 5:30. 300 vehicles sold in a year they got

to get transported somewhere up and down, turning in and out of there. Ridge Road, 104, like |

said, we're serving. We have to drive all the way out to Wayne County to find affordable labor

rates that allows us to even stay in business.

information with which to make...to grant a variance or make a motion and then would someone

like to be the one to make that motion, please.

RESOLUTION 25-0049 John Accorso made a motion for USE

Applicant Allan Mallette is requesting a

USE VARIANCE to allow the construction

of a 2,856SF motor vehicle service station

addition, associated with an existing used

car sales business on a 1.73-acre parcel

having SBL# 079.17-1-21.11 located in the

MC Medium Intensity Commercial District

under Sections 350-18 and 350-70 of the

Code of the Town of Webster. Which was

seconded by: Chris Centola.

VOTE:

Mr. Short ABSENT

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

is granted based on the financial information that was submitted by this applicant. Erika, would |

condition this? One year significant construction typically applies to an area variance . Would

that also apply in this case or one year to begin.

use Variance runs with the land. So, once it’s granted.

does it expire.

Pg. 133 July 8, 2025 Zoning Meeting

approval, if the applicant has not begun this secondary use at this facility, then the variance

expire, and we can come back and talk about it all over again. And I wouldn't think it would take

a year to get the permits and whatnot, and a building built.

defining and getting that started by construction of the building.

the parking lot and they got a hood open and they’re changing oil, does that count.

to do is be specific. You've approved a 2,800 square foot building.

meeting, you need to be within that building, not just in a tent in the back parking fot or working

in the side parking lot.

for.

done as soon as possible to start saving something. Alright, and the board is in agreement with

that then. Because that will need Planning Board approval?

Board members having conversation,

permits then.

Pg. 134 July 8, 2025 Zoning Meeting

need to go to Planning Board for approval. But you can go to the town and start your permits,

for all your building permits.

CONDITIONS:

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

Building Permit.

e Within (1) year, the applicant must have erected the new service building, and the

service use shall have begun within the approved building, or this use variance shall

expire July 8, 2026

Located at 741 Hailey Drive. Applicant Brigitte Fitzgerald is requesting an AREA VARIANCE

to allow parking of a 20° commercial food truck on a crushed stone pad in the back yard, which

is not permitted, on a 0.66-acre parcel having SBL# 078.08-1-76 located in an R-3 Single-Family

Residential District under Section 350-12 and 350-44 of the Code of the Town of Webster.

Located at 1186 Ridge Rd. Applicant Enzo F. Aquino is requesting a USE VARIANCE to allow

motor vehicle sales associated with an existing motor vehicle servicing business on a 1.35-acre

parcel having SBL# 080.09-3-7 located in the MC Medium Intensity Commercial District under

Section 350-18 and 350-70 of the Code of the Town of Webster,

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

requesting an AREA VARIANCE to allow a 6-foot privacy fence in the front yard of a corner

lot on a 0.45-acre parcel having SBL# 063.14-3-16 located in the R-3 Single-Family Residential

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

Appearing before the board was REPRESENTATIVE (NEVER STATED HIS NAME OR

ADDRESS) So, hopefully this is an easy layout for you. It’s a corner lot and they’re just looking

to extend the fence out to the...[ think there’s a map and everything in there in all your documents.

Out to the right of way and there are actually two other similar Jots within eye distance of the

said parcel. They're 438 Murwood and 446 Murwood almost very similar. Again, corner lots

with very small backyards. There’s a swimming pool in the backyard currently, which was there

when the property was purchased. I’m guessing this is probably...1 don’t know, but I assume this

is probably a pretty standard request with corner lots like this with such small backyards. Creates

more lawn area for young kids to play separate from the pool area and that sort of thing.

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along the right of way in the back of the house.

fence.

little bit on the end of the house and then a gate would be there by the side door.

just...as I drove down the street and looking at the fence, it looks like your going to build a wall

there with a 6 foot fence and that’s...... and J understand why you want it, but I’m just wondering

if you could set it back a couple feet more and put some plantings in to kind of break up the view

of the wooden fence so that it’s not a solid wall that it looks more inviting in a residential area I

guess. If you would consider that.

others in the neighborhood. It sounds like there’s been a precedence on it. | mean they don’t scem

to have plantings at the other places.

other corner lots in the neighborhood that have fences in both front yards or in the side front yard.

Were they all the way up to the right of way. The ones that I] can remember have been set back

five or 10 feet from the right of way, but 1 don’t know if everybody that’s been approved in that

neighborhood.

feet. Again, in this neighborhood I would have to look in our records exactly to see what was

approved so I can’t speak to this neighborhood specifically but in the past, yes, there has been

ones right up to the property line and ones that have been set back five or so feet.

APPLICANT/REPRESENTATIVE: This is James, I was speaking for him. I’m going to let him

answer a few questions. They asked about moving the fence forward a little bit and put some

plantings.

Pg. 136 July 8, 2025 Zoning Mecting

(THE PREPRESENTATIVE NEVER STATED HIS NAME}

James Samuelson

the right of way, bring it in five or 10 feet just so there’s a little bit of more space.

of way which is......

PARTIES SPEAKING AT THE SAME TIME)

be roughly in line with that.

hydrant that sits kind of underneath the edge of that evergreen tree. Is that what you’re referring

to at the corner. That’s actually a pear tree.

tree. I believe that the yellow line that appears on the screen is the right of way, I’m going to be

10 foot inside of that.

Board members speaking.

Chris Centola; No, he is coming up right to the utility easement and quite frankly, | think...I

know shrubs do not have an extensive root system, but I'm opposed to planting anything major

Pg. i37 July 8, 2025 Zoning Meeting

over any type of ublity. Because quite frankly, even if we pul in beautiful shrubs, they come up

and whatever utilities underneath there gets dug up, they’re under no obligation to replace

anything because it’s their easement. So, | would be very hesitant to put a condition on him that

may cost him more money and don’t and won’t guarantee the result that your looking for.

James Samuelson; It would be acceptable to me. If it was three, four feet tops, I could still

shoehorn in some plants.

that, and they’Il run what everything underground.

of the utility easement so that there’s room to put just a little something to break up the wall of

the fence.

446. That is a prime

example of what I am trying to do. They’re about 10 foot inside the right of way as well. Probably

ran into a similar situation where...1 don’t know if there’s a utility easement over there or not.

going right up to the property line, you're going to be 10 feet WITHIN your property line which

is also away from the utility easement,

(o come to the front of the garage.

Pg. 138 July 8, 2025 Zoning Mecting

public hearing. This meeting is a public hearing and anyone wishing to speak for or against this

application, please come forward. Seeing no one, I will return the discussion to the board and

close the public hearing.

set it off a couple fee off it...it gives the option of doing it instead of making it a requirement.

Because having a corner lot myself, you want at least some sort of low strip or gravel bed just to

make it easier to mow. Then if you’re going to tell him he needs to plant it and we don’t force a

planting plan upon him, he could put one shrub and say, I met your requirements, And that is

what I am trying to avoid is that he met our requirement. I added....I put an arborvitae in there

and he’s met our requirement. If we tell him to set it back a couple feet, so if he want to at a later

date, do it himself, he has the ability to do so. Unless we tell him, he needs to plant, you know,

junipers five, 24 inch diameter, installed 5 feet on center for the entire 60 feet. [ wouldn’t want

to design it for him.

fence in that it just kind of blends in better. I mean, the finished side of the fence is going to be

on the outside anyway.

may or may not. Your wife is going to have an idea of what she wants along the outside of that

fence.

enforce, it’s kind of toothless... .technically, ground cover is a plant. So, he could just put ground

cover on the back and say he did it and he'd legally be correct.

wood wall. And I just thought somehow it could be broken up.

there.

can cerlainly suggest it.

before.

Pg. 139 July 8, 2025 Zoning Meeting

;

RESOLUTION 25-0052 Corrine Volo made a motion FYPE II SEQR

which was seconded by: Anthony Moscaret.

VOTE:

Mr. Short ABSENT

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

If approved the application, it would not have an undesirable effect on the existing character of

the neighborhood. It wouldn't be a detriment to his or any other properties. There is no other

remedy to get some privacy in your back yard than fencing it in because it especially since it’s a

corner lot. So, there is no other realistic remedy. The request is not significant, in fact it’s 10

feet, a minimum of 10 feet in more than it needs to or that it could be and that it will not have

any adverse impact on the physical or environmental conditions of the neighborhood. And it

really isn’t self-created because it’s a corner lot and it’s difficult to get in a usable private area on

a corner lot.

were a traditional side yard setback, the 6 foot fence could be permitted right on the lot line. So,

in this case, it will be better than that because it’s going to be in by the 10 foot easement and then

another four feet.

what you are agrecing to.

RESOLUTION 25-0053 Chris Centola made a motion for AREA

VARIANCE Located at 457 Thrushwood Lane.

Applicant James Samuelson is requesting an AREA

VARIANCE to allow a 6-foot privacy fence in the

front yard of a corner lot on a 0.45-acre parcel

having SBL# 063.14-3-16 located in the R-3

Single-Family Residential District under Section

350-12 of the Code of the Town of Webster. Which

was seconded by Corrine Volo.

Pg. 140 July 8, 2025 Zoning Mecting

VOTE:

Mr. Short ABSENT

Mr. Moscaret AYE

Mrs, Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

CONDITIONS:

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

Building Permit.

¢ That one-year significant construction shall expire July 8, 2026

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

3-SEASONS ROOM: Located at 918 Lothario Circle. Applicant Joseph Swick is requesting an

AREA VAIRANCE to allow a rear setback of 40.5° where 50” is required associated with the

construction of a 329.8 SF 3-seasons room on a 0.42-acre parcel having SBL# 079.13-4-26

located in the R-3 Single-Family Residential District under Section 350-12 of the Code of the

Town of Webster.

Appearing before the board was Joseph Swick. Eleven years ago, I built a [7 x 24 deck which I

think at thal time it was a 50 foot setback that was acceptable for the deck . I kind of want to take

up the same amount of area. It’s actually a smaller...... so, instead of a 17 by 24, I want to reduce

ittoa 17 by 19 ina few inches. But with enclosing it, ] found out later on that I have an additional

10 feet that I have of a setback that I wasn’t aware of before. Which would not be really functional

for this kind of a setting or for a building because that would reduce me down froma {7 ft room

to a 7f{t deep room. So, I’m coming in front of the board asking for a variance for an additional

10 ft so that I can have an actual reasonable living space three season room of a size of 17 by 19

and a few inches. The reason the deck is gone is because me and my neighbor both put up decks

at the same time I1 years ago and they both rotted out even though they had air flow and

everything and I wasn’ about to reinvest into another deck and gave the same thing happen again

so, we decided to step it up a little bit to go for a three season room,

three months of nice weather that we have.

and she’s been asking for this. So, I'd kind of like to give it to her .

Circle, are very short rear yards which I don’t know but I'm suspecting this was probably

developed as a cluster subdivision in order to make the houses closer together than have some

Pg. 141 July 8, 2025 Zoning Mecting

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preserved space elsewhere in the subdivision. Which is helpful except when any of the

homeowners want to come put some type of a structure onto the back of the house. Most of the

houses along at least that side of the street are lined up within the 50 feet of the rear lot line. And

there’s also behind most of the houses; I'll call it a hedge row of sorts so that most of them are

really not within view from the neighbors on the street behind them which is John Leo Drive.

There are a couple of other three season rooms that have gone up in that subdivision with some

encroachment into the setback for the same reason because the 50 foot. The house is at the 50

foot line in most instances. | will open this up for public comment if anyone would like to speak

for or against this application please come to the podium and identify yourself. All right, seeing

no one [ will return the discussion to the board.

RESOLUTION 25-0054 Corrine Volo made a motion TYPE II SEQR

which was seconded by: James Spampinato.

VOTE:

Mr. Short ABSENT

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

An undesirable change will not be produced in the character of the neighborhood and no detriment

to nearby properties. There are a couple of other similar additions within, I'll call it the larger

neighborhood of Lothario and John Leo Drive, and the rear yards are fairly short. The benefit really

cannot be achieved by any other method. As the applicant noted, by bringing this into compliance,

the depth of the room is only 7 feet, and it is replacing a deck that was actually deeper than this

addition will be at the end. The requested area variance is not substantial. The applicant’s deck

was further into the setback that this room is going to be so it will be an improvement to the setback

with respect to having a structure there. It will not have any adverse impacts on the environment

or the neighborhood or the district. The backyards do have some greenery in the backyards so it

will be shielded somewhat from the neighbor to the rear. 1 do also want to make note that we do

have signatures both from the surrounding homes on Lothario Circles and the homes behind this

addition on John Leo Drive that have signed that they are in agreement of this addition and most

variances are self-created but given the placement of the house on the lot, there's really not

anything that can be added to the rear of the structure without permission being granted from the

zoning Board.

RESOLUTION 25-0055 Corrine Volo made a motion for TO

GRANT AN AREA VARIANCE Located

at 918 Lothario Circle. Applicant Joseph

Pg. 142 July 8, 2025 Zoning Meeting

Swick is requesting an AREA VAIRANCE

to allow a rear setback of 40.5° where 50° is

required associated with the construction of

a 329.8 SF 3-seasons room on a 0.42-acre

parcel having SBL# 079.13-4-26 located in

the R-3 Single-Family Residential District

under Section 350-12 of the Code of the

Town of Webster. which was seconded by

James Spampinato.

VOTE:

Mr. Short ABSENT

Mr, Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

CONDITIONS:

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

Building Permit.

* That one-year significant construction shall expire July 8, 2026

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

requesting an AREA VARIANCE to allow a side setback of 12° where [5 is required, associated

with the construction of 30 SF second story bump out over the garage on a 0.43-acre parcel having

SBL# 094.06. 1,10 in the R-3 Single-Family Residential District under Section 350-12 of the Code

of the Town of Webster.

Appearing before the board was Michael Hussar. Just looking to have a bonus room essentially

added on top of the garage. The bump out will only be on the second story. I think it’s two and

half feet. So, that brings me to 13 feet within the property line when the ordinance is 15 feet. So,

that’s it. And it’s not running across the entire length of the home. It’s only like Miss Corsi said,

is only 30 square feet of actual bump out. Its 2% by 12 something or 15 fect something for

that matter, And that’s it. As far as the neighbor on that side, it’s our back yard and they have

trees planted on our property lines, so they’re not going to notice, 1 would imagine, either way

but that’s the scope of our project.

Pg. 143 Juty 8, 2025 Zoning Meeting

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the setback, but it’s going to be a portion of the upstairs, which 2 feet of the second floor is

allowed to hang over into the setback, but this will actually be 3 feet, but it won't be for the entire

addition as well.

Hussar is looking essentially for an additional foot. Just on the second. ERIKA SHOWING THE

PLANS ON THE SCREEN TO THE BOARD.

right, | will open the discussion up to the public. Is there anyone here who would like to speak

for or against this application. Seeing no one, we will return the discussion back to the board.

RESOLUTION 25-0056 Corrine Volo made a motion TYPE II SEQR

which was seconded by: Anthony Moscaret

VOTE:

Mr. Short ABSENT

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

There will be no undesirable change in the character of the neighborhood, nor will the

application be a detriment to nearby properties if the variance were to be granted. There is no

other remedy based on the existing house layout and what they need to do. It seems to me that’s

the best option for expanding the area that they need to go into. And the fact that as it’s a bump

out, it really one exceeds the allowable canter lever by one foot. It’s not...because it’s only a 2

¥2 to 3 foot bump out, it’s not a significant request. And if we’re granted, that area variance

would not have an adverse impact on the physical or environmental conditions on the

neighborhood or district. Basically, because it’s existing house it’s really a not an entirely self-

created situation. In fact, it seems to be a really good solution to obtain more room.

RESOLUTION 25-0057 Chris Centola made a motion to GRANT AN

AREA VARIANCE Located at 860 Buttermilk

Circle. Applicant Michael Hussar is requesting an

AREA VARIANCE to allow a side setback of 12°

Pg. 144 July 8, 2025 Zoning Meeting

where 15° is required. associated with the

construction of 30 SF second story bump out over

the garage on a 0.43-acre parcel having SBL#

094.06.1.10 in the R-3 Single-Family Residential

District under Section 350-12 of the Code of the

Town of Webster. Which was seconded by Corrine

Volo.

VOTE:

Mr. Short ABSENT

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Prescott ABSENT

Mr. Centola AYE

Mr. Accorso AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire July 8, 2026

ADMINISTRATIVE ITEM:

* Minutes were approved for April 8, 2025 (VOLO/CENTOLA) and May 13, 2025

(VOLO/CENTOLA)

Since there are no further applications before the Board, Corrine Volo adjourned tonight's

meeting at 8:30 p.m.

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

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Pg. 145 July 8, 2025 Zoning Meeting