Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

Michael Short James Spampinato

Corrine Volo

Adam Prescott

Chris Centola

John DeMarco, Attorney

Katherine Kolich, Recording Secretary

Josh Artuso, Director of Community Development

Erika Corsi, Planner of Community Development

(USING MY RECORDING OF MINUTES. YOUTUBE RECORDING MISSED BEGINNING

OF MEETING....HARD TO HEAR)

2025. I will state that we still have people coming in. During public sessions you will have 5

minute, and we have a total of 6 items. We reserve the right to stop the meeting at 10:00 pm.

We do have proof of publication for the agenda.

Call Roil/Pledge of Allegiance

Summary of Application Outcomes

SCHEDULED MATTERS

:

1. MAMA LOR’S RESUBDIVISION-1315 LAKE ROAD

2. BEST BUY AUTO SUPPLY-771 RIDGE ROAD

3. PRIVACY FENCE-479 SANDYSTONE CIRCLE

Pg. 120 June 10, 2025 Zoning Meeting

4. DRIVEWAY EXPANSION-227 OAKWOOD LANE

The driveway must be sloped so that water drains either toward the back of the

house or toward the front.

5. LOCKWOOD ELECTRIC-633 BASKET ROAD

6. COMMERCIAL VEHICLE PARKING-741 HAILEY DRIVE

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

MAMA LORS’ RESUBDIVISION:

Located at 1315 Lake Rd. Applicant 1315 Lake Road LLC on behalf of Jonathan Oliva is

requesting an AREA VARIANCE to allow a minimum lot size of 19,457.9 SF where 35,000 SF

is required on a 0.66-acre parcel having SBL #050.01-1-51 located in the R-1 Single Family

Residential District under Section 350-10 of the Code of the Town of Webster.

Appearing before the board was Bryan White with McMahon-LaRue Associates and I am here

tonight with Jonathan Oliva owner and applicant of 1315 Lake Road. Also here tonight are the

adjoining landowners of 1309, Lake Road; and neighbor and property owner to the east, John

Watts. We are here tonight requesting an area variance for overall lot area for proposed lot 2 of

re-subdivision at 1315 Lake Road which is currently a multi-family rental property that is owned

also through Jonathan through Mama Lor’s, and we are proposing to do a re-subdivision; to

change internal lot lines between the three properties as shown on the diagram in front of you.

Lot 1,2, and

3. Lot 2 is the single family multi-family rental property; lot 1 is the Mama Lor’s

parcel and 3 is the vacant property to the south. Both of these properties at 1315 and 1319 are

not conforming currently with the zoning code. The rental property has an area of 22,000 sq feet

approximately and currently Mama Lor’s has an area of 29,000 sq feet and are required by code

to have 35,000 sq feet and we are looking to reconfigure that lot line to include a few

encroachments. On the orange colored sketch in front of you. There is a portion around the

parking lot included on the future lot 3 which we are looking to remedy tonight. A small portion

showing in blue in the sketch in front of you a dumpster enclosure is over that lot line.

(NOT SPEAKING LOUD ENOUGH)

Are objective tonight is to obtain an area variance for proposed lot 2 so that we can proceed with

the subdivision of the properties here. Currently, there is 3 properties involved, and we are going

to remain at 3 properties, so it won’t be a creation of any new parcels. Over all future plans we

are looking to improve the southern portion area that is going to be conveyed for a parking lot,

[ Pg. 121 June 10, 2025 Zoning Meeting

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and we are in conceptual design at this point but in long term we are looking at improving that to

remedy the parking insufficiencies for Mama Lor’s parcel. [ am available to answer any

questions,

I reviewed. That is what the requirement is right. Is there a reason that you didn’t take any

additional space away from parcel 3 to accommodate that.

now...I don’t know, did anyone visit the property recently. We had some survey stakes that

follow the new proposed property lines. So, currently it matches what would appear to be visually

the lot line.

here from the public that would like to speak for or against this variance.

RESOLUTION 25-0038 Michael Short made a motion TYPE II

Volo

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

I will say the request is not out of character with the neighborhood. The lots in that area are a

variety of sizes and many of them were probably created before the code reflected what it is now.

There really is no impact on the neighborhood but I have 3 lots now and 2 of which are substandard

in size, and one meets the size requirements, and I will still have 2 lots that are substandard in size

just changing the proportion of the substandardness and lot 3 still remains adequate in size so

there’s really no harm no foul. The benefit, really its...can be achieved by other methods but not

truly because it’s....it matches the natural topography and it also... you have....there’s a couple of

features that have to be incorporated into the Mama Lor’s lot that’s it’s really the minimum amount

in order to do that. It’s not an undesirable change. Driving by no one’s even going to see it and

know and if its’ agreeable between the parties that own the different properties it really isn’t going

to impact anybody but them. I'll say it’s relatively insignificant in that the third lot is still going

to remain a large enough lot to do single family construction without any need for variances.

non-conforming, and you have one conforming.

Pg. 122 June 10, 2025 Zoning Meeting

order to make a solution that works for everybody. You don’t always see that. with that, does

anybody have anything to add or ....

RESOLUTION 25-0039 Corrine Volo made a motion for AREA

Applicant 1315 Lake Road LLC on behalf

of Jonathan Oliva is requesting an AREA

VARIANCE to allow a minimum lot size of

19,457.9 SF where 35,000 SF is required on

a 0.66-acre parcel having SBL #050.01-1-

51 focated in the R-1 Single Family

Residential District under Section 350-10 of

the Code of the Town of Webster. Which

was seconded by: Chris Centola.

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire June 10, 2026

(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 !.73-acre parcel having

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

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

Appearing before the board was Allan Mallette with Best Buy Auto Supply at 771 Ridge Road

in Webster. I am looking for a use variance as you said to obstruct the service department behind

their sales building to be approximately 34 ft by 84 ft in dimensions. We feel that it’s...it would

be a significant thing for our business to get the opportunity to grow and reduce costs of what

we're currently paying to outsource our current service situation to multiple other businesses

within the Webster area and also bordering towns, Guess it’s my opinion and its pretty self-

explanatory of what I’m asking for. It would definitely help us expand and continue to grow in

this area. I’d be happy to answer any questions anyone has.

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looking for service because you do service on the vehicles beforehand or do people come to you

for repairs post purchase.

ready for our customers. That is the biggest portion of it. We do also sell extended warranties so

that would also allow us to service our customers after the sale as far as mechanical issues and

concerns that they may have after the sale as well.

order to accommodate the lift that would need to be put inside.

come on up. Seeing none, back to the board. Any other questions from the board.

5. Michael Short: Lets see, that would be on the west side ’m assuming. The parking lot side.

pocket cost of labor to external vendors as opposed to how that would compare to your mechanics

that you have to pay, I’m assuming some type of hourly rate, some benefits and what the savings

would look like for you. I mean, did you take a look at for an example of year in 2024 what you

spent out of pocket to an outside vendor even if it’s multiple mechanics and compared to what

your cost savings would be if you could do it in house.

have to show some financial hardship in a vacuum.

Pg. 124 June 10, 2025 Zoning Meeting

and in those 70 days’ time frame we’ve paid out in just labor costs, in the area of 60,000 dollars

right so I mean to hire, you know, mechanics per hour and such would be a significant savings to

the business.

burden, actually you have the burden, but we have to show that the record would reflect the

financial hardship and let me just finish. It’s more of a conclusion if you show the gross number

and say I could do it cheaper, you may be 100% right, but can you establish what the would be.

going up, I mean some of garages we are already currently doing business with are asking for,

you know, to increase out labor rates along and you know, to continue to do business it’s going

to be difficult to find labor rates that are affordable and other businesses willing to work within,

you know, affordable guidelines and labor rates that incur of not only servicing the car before the

sale but you know, standing behind all our vehicles we sell after the sale. There’s a lot of .... I

guess I'm not...

the outside vendors?

DEMARCO)

have pay the taxes; you got to pay the utilities; you have to pay the supplies; you have to provide

the tools. Again, there may be a net saving there but if hardship is required, you got to put

something in the record.

lo pay it off salaries; tools that you have to purchase unless the mechanics are coming with their

own tools.

Pg. 125 June 10, 2025 Zoning Meeting

looking for service because you do service on the vehicles beforehand or do people come to you

for repairs post purchase.

ready for our customers. That is the biggest portion of it. We do also sell extended warranties so

that would also allow us to service our customers after the sale as far as mechanical issues and

concerns that they may have after the sale as well.

order to accommodate the lift that would need to be put inside.

come on up. Seeing none, back to the board. Any other questions from the board.

5. Michael Short: Lets see, that would be on the west side I’m assuming. The parking lot side.

pocket cost of labor to external vendors as opposed to how that would compare to your mechanics

that you have to pay, I’m assuming some type of hourly rate, some benefits and what the savings

would look like for you. I mean, did you take a look at for an example of year in 2024 what you

spent out of pocket to an outside vendor even if it’s multiple mechanics and compared to what

your cost savings would be if you could do it in house.

have to show some financial hardship in a vacuum.

Pg. 124 June 10, 2025 Zoning Meeting

and in those 70 days’ time frame we’ve paid out in just labor costs, in the area of 60,000 dollars

right so ] mean to hire, you know, mechanics per hour and such would be a significant savings to

the business.

burden, actually you have the burden, but we have to show that the record would reflect the

financial hardship and let me just finish. It’s more of a conclusion if you show the gross number

and say I could do it cheaper, you may be 100% right, but can you establish what the would be.

going up, I mean some of garages we are already currently doing business with are asking for,

you know, to increase out labor rates along and you know, to continue to do business it’s going

to be difficult to find labor rates that are affordable and other businesses willing to work within,

you know, affordable guidelines and labor rates that incur of not only servicing the car before the

sale but you know, standing behind all our vehicles we sell after the sale. There’s a lot of .... 1

guess I’m not...

the outside vendors?

DEMARCO)

have pay the taxes; you got to pay the utilities; you have to pay the supplies; you have to provide

the tools. Again, there may be a net saving there but if hardship is required, you got to put

something in the record.

to pay it off salaries; tools that you have to purchase unless the mechanics are coming with their

own tools.

Pg. 125 June 10, 2025 Zoning Meeting

it off based on what you're currently paying and then obviously increased rates.

good 8-10 years maybe. I mean, it all depends. The business of car sales is always as I refer to

as a roller coaster. You know what I mean, it’s always up and down. If business slows down, it

takes longer. If it increases. Which we’ re hoping being able to do something like this would hope

it allow us fo increase our sales. It shouldn’t take as long.

your point, I mean, if we are ever challenged, we need to be about to produce ultimately you need

to be able to produce but to be able to...what have you seen | the past that would be beneficial.

property, the lack of buyers, the inability to release spaces and the numbers are more objective

and led themselves to a calculation. This is unique and so, it’s Mr. Mallette, right? So, over the

next 12 months, if we get six more use variance applications and what we try and stay away from

is “you did it for this guy, but you didn’t do it for that guys. So, the measuring stick really

needs to be the same for everybody. So, in terms of what you would need is just, you know you

don’t need to 10,000 dollars for the analysis but some analysis thata breaks down the different

between this relationship that you have with vendors which is really at either a retailer or a

wholesale cost to you because you’re in business as compared to having these folks in house and

what that real cost is. Simple, very simple math is I can hire someone for 25 dollars an hour and

I am paying someone else 75, 50 dollar delta, That’s easy. But that cost is more than 25 dollars

to you and so if you can do a projection that puts together what that additional cost is, then I think

the board is going to have a more accurate picture as to the financial hardship that exists. I don’t

have a vote in this but whether you know the board feels that 10 dollars is not a financial hardship

but 40 dollars an hour is I think that is what the board will turn on.

spent 60,000 dollars roughly in how many months.

that was you per transaction based on outsource. Do you know what the mortgage payment or

the payment is going to be on the building. I guess what he is looking for if you did 50 cars in

that me, times 50 dollars extra an hour on each car was four hours, there’s 200 bucks per car.

Out of that 200 bucks, how much is going to the building, how much is going to the insurance,

how much is going to that kid and at the end of the day, is that 200 dollars leave you with a

hundred or ten bucks.

Pg. 126 June 10, 2025 Zoning Meeting

time, these businesses could tell me they’re not any longer going to do business with us wither

so now, you know, that would create an even more of a hardship to try to do business.

it impact....say you're taking...you do a lot with Midas and you do a lot with Barth, if they’re

doing capacity for their regular customers does that then impact the lead time of you being able

to get the vehicles back.

whatever, but it is certainly an impact.

the vehicle into the service garage and getting it gone through and parts ordered and getting it

back and ready for our customer and I feel if we had our own shop that would definitely help

speed up the process because now, we are not relying on other businesses to conduct our business.

Right? It means now you have to have parts on hand. A lot of mechanic shops don’t do mufflers.

currently ordering all our own parts and having shipped to these separate garages.

labor.

Corrine Volo; Are you able to take those numbers and convert. Okay, this is labor when I go to

Midas and I go to Barth and I go to whoever else vs labor if it was my own including you know,

I'm paying 20-30 dollars an hour plus figure double thata by the time you get benefits of 60

dollars and house, but you have more control as well over the number of hours not just eh hourly

rate. Is there a way that you could take this and make that a table of outsource spending versus

insource spending.

remove a transmission out of a vehicle calls for 10 hours okay, I am paying that current shop, you

know, 10 labor hours at, you know, will say 75 dollars an hour to where if we had our own in-

house mechanics, our own garage, that 10 hours, our mechanics might be able to get it done in

eight. So, we are only having to pay our own in house mechanics their hourly rate for the 8 hour

compared to the 10 hours that it would. We’re going to get charge from the outsourcing all of

Peg. 127 June 10, 2025 Zoning Meeting

our service currently. So, to give a break down, sure absolutely. I could sit down and break down

a lot of different invoices that (BOARD MEMBERS HAVING DISCUSSIONS AND HARD TO

HEAR THE APPLICANT SPEAKING) that we’re out paying in labor costs.

much to this particular vendor. You know, totals by month or by your five month window or

whatever the numbers that you gave me of that 60,000 dollars. What would that cost be if it was

within your shop as opposed to having to source it out. Because parts are going to be the same

cost no matter what but your providing parts to them.

what I am going to propose is that for me and I'll ask the board as well. We have to do our due

diligence for the town, and we need to have...call proper documentation to be able to say we did

our due diligence for the town. If you could provide kind of a breakdown of, you know what you

would anticipate hiring an employee at, what the cost of benefits would be before that said

employee and then what the labor cost and you’ ve already provided what the labor cost is but it’s

not a face value, right. I mean, you spend 60,000 dollars and if I do the math backwards, there’s

a 40,000 labor difference between what you spent versus what you would spend if you had thata

in house. For us to have the proper documentation, tt would make out lives a lot easier, to that I

want to delay this. I’d much rather go through it but having that. We have...again, we have to

have the due diligence; we have to have it in the file. We have to be able to.... If we are ever

audited, we have to say that we reviewed the documentation; we understand what it is and the

bord agreed that it is a hardship and here’s the documentation to be able to do that. You don’t

...you understand what I’m asking for.

having to rely on other businesses that could shut you down at any given time. It would put us

in more extreme of a hardship than what we are currently in. Currently we don’t have that as...

reasonable return. I don’t even think you established what a reasonable return is. So, if you look

at the stature and the language, from there you can put your presentation together and be able to

persuade the board, hey look, I can’t get a reasonable return because these costs are....let’s

assume a reasonable return on the sale of a used car is 15% and let’s say because these mechanical

costs you’re only getting 4% but if you had your own shop, you’d get 15% . That is the kind of

analysis the board would need to decide whether you really are under a financial hardship or it’s

just not a good location for that operation. It doesn’t mean they’re not going to approve it. They

may very well approve it, but you have to give them the proof.

with this. The building two doors to the east, which is an auto sales operation that ha a built-in

Pg. 128 June 10, 2025 Zoning Meeting

service department. The business two doors to the west is an auto sales and service department

all within the same confines, all in the same MC zoned area. Across the street is outside storage

which allows auto service but why are those allowed to have it but not every business along that.

the current MC regulations came into effect or they pursued use variances.

for and they provide the information necessary.

needed an area variance to expand their service department. I don’t remember them getting a

use...but I don’t...

across the street from Garber where I get service. Henderson’s old building which is now west

is right on that side. So, I know a little..........

it. Just based on how the zoning is for...

they’ve ... EVERYONE SPEAKING AT THE SAME TIME. And then the Ford, they all have

service departments.

the north ones......

EVERYONE SPEAKING AT THE SAME TIME.

Pg. 129 June 10, 2025 Zoning Meeting

getting them taken care of for service, do you guys drive them yourself or do you truck them over.

possibly because......

SAME TIME. It takes two people to transport. One of the locations we are...we had....the only

way we could find a reasonable rate was we had to go all the way to Ontario in Wayne County.

So, it’s a you know, it’s a [5 minute drive there and a 15 minute drive back for two guys.

is my first time in EVERYONE SPEAKING AT THE SAME TIME.

files so that if and when we are audited, we have the documentation. Just like, you know, you do

your taxes, you keep all your receipts and everything else. This way if the IRS ever audits you,

we are able to produce. So, that’s what we’re asking.

asking what it would say for us is there are unknown numbers. I don’t...I don’t really fully

but it cost you 75 somewhere else. There’s a savings even if you include benefits. It would....let’s

say it’s doubled, so it’s 50 versus 75..........

well and say on a given month I...it takes six hours of my employee time to get the cars back and

forth. This way when we have that information it’s easier for us to make a decision and hopefully

you’ ll present it so we agree with you so we can grant you the variance. Right now, it would be

difficult for us to do because we don’t have anything to prove that....other than your work which

is good, but we need something that you can present to us that’s on paper. So unfortunately, we

Pg. 130 June 10, 2025 Zoning Meeting

just need to have the proof so if we move forward with ..........

do that inside.......

was your company and not Barth, what would you have made on every...... 1 would go back to

each transaction and pretend like that was your employee working on that vehicle and how much

money would you have made on that transaction if you were paying, you’re employee. Just you

know, out of this...] don’t know, April 7" Midas Auto 18...1,819.99. I don’t know what was

done. 1 would go back and look at what was done and how long it took and if you were paying

me 35 dollars an hour plus benefits to do that job. You might have only had to pay me 400 bucks.

Well, you now have 1,400 dollars for your company times how many transactions. Now you can

come to us and say, Okay, if I was paying Adam 35 dollars an hour plus benefits and Adam did

every single one of these jobs from February to May, Adam would have made X amount of dollars

based on 35 dollars an hour and benefits and my company would have made boom.

he’s going to make money on every single one of these.

have done that in house and we can look at that delta and it gives us... UM...the numbers make

sense I understand what you are telling us, but if we say yes to you, we say no to someone else,

and someone turns around and sues us, we need to justify that. But this is why we said yes,

because here’s the data that shows the excess cost that you had to incur because you did not have

the ability to do the service. So, if you can show us this is what you paid out, but this is what it

would have been internally plus, you’re saving the labor of the two guys driving back and forth

to pick up and drop off cars.

outsource 67449 plus the cost of your two employees to drive it there and back plus the cost of

whatever the gas is for you taking it to and from, right, so maybe you add another 20-30 dollars

to that and maybe it’s more and then on the other column right next to it, what your cost would

be if you were to do it inhouse. Obviously, you lose the employees that are driving it, you lose

the gas that isn’t necessary, and you have the hours that are necessary for the mechanic itself

at... you give us an assumed rate, right? I mean, that’s the best that you’re going to be able to do.

We get it. But you give us an assumed rate of X and you’re going to do the research to tell me,

you know, to tell us what you’re hiring somebody at and what the cost of benefits are for that

particular employee to give us a total all in number of again, maybe it’s 35 maybe it’s 25, maybe

Pg. 131 June 10, 2025 Zoning Meeting

it's 40, [don’t know. You need to tell us what that 1s. The other piece that | would like and Joh

alluded to this earlier is what is industry standard for profitability on each car sold when you

factor in auto repairs and what is your average right because this really then talks to what the

hardship is as John mentioned if it’s taking you...you know, if industry standard is 10%

profitability and because the cost of auto repairs is continuing to increase, you’re now down at

9% or 8% . Now that talks to the hardship as to you going outside to get the work. Does that

make sense?

it could benefit us. But I understand.

provided all that. It’s not a problem.

sent...asked someone for additional information and come back the next meeting and then

reviewed it and got approval so this is not....unfortunately for you, it’s not an uncommon thing.

We just need that additional information.

further, the process is trying to drag out. We anticipate to try to hopefully break down and have

something done before snow falls.

EVERYONE TALKING WHILE THE APPLICANT IS SPEAKING.

landlord said he had already went through all this and got a proposed building and had an architect

drawings done up and was already approved for that. The initial word, that’ what I got and then

when I brought it back too.................. PEOPLE SPEAKING WHILE APPLICANT IS

SPEAKING.

of the use variance for this property.

Pg. 132 June 10, 2025 Zoning Meeting

it on record, we don’t have it. Um, 24 hours... yeah, ] mean, so I’m going to suggest that we table

this until next month. Bring the documentation...Josh, will you be able to take a look at it and

give us any....

confirm that it fits the spirit of what you’ re looking for.

building or to the use variance and not the financial hardship portion.

floor.

RESOLUTION 25-0040 Michael Short made a motion to TABLED

APPLICATION TO JULY 8, 2025 which was

seconded by: Anthony Moscaret.

Mr. Moscaret AYE

Mrs, Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

{ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

an AREA VARIANCE to allow fence in the front yard of a corner lot associated with the

construction of 6’ tall privacy fence on a 1.8-acre parcel having SBL# 078.016-1-70 located in

the R-3 Single-Family Residential District under Sections 350-12 and 350-79 of the Code of the

Town of Webster.

Pg. 133 June 10, 2025 Zoning Meeting

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ee

Before we hand it over to the board, I would like the board to know that they did receive a letter

from the Highway Department back on May 2", 2025 to install fence over town drainage

easement.

Appearing before the board was Roland Maier and one thing I did want to point out, is in the

agenda it highlights our property as 1.8 acres and it’s actually .473 acres and I just wanted to

make sure that the SPL number. 078.016-1-07 is what shows on our survey. I don’t know if the

ieading zero make a difference, but 1 want to make sure that the...if the agenda would make any

difference here. I just want to correct that. So, as the Town Planner, Ms. Corsi pointed out, we

are requesting an area variance to put a privacy fence in the back portion of our property, which

because we’re a corner lot, is our front yard. We have multiple front yards. So, the red portion

here is what he area variance would be for. It would go from the corner of our house over to

where a tree line currently exists and then follow the inside of the tree line to the back of the

property. The appointment that we had with the town board was to put that rear portion of the

fence in that is in the drainage easement. We had the letter from the Highway Department. He

came and took a look at the property and said it shouldn’t be an issue, and no one would try and

access that portion going there anyways because it is all wooded and there is access in multiple

other areas. So, he said it shouldn’t be a problem and when we mentioned the fence would go

along the tree line, he said that wouldn’t be a problem for the right of way given the plows

wouldn’t have any issue since the fence would be on the inside of the trees and then from the

look of the neighborhood, it would be on the inside of the tree line. So, it would only be seen in

winter months when those trees drop their leaves. That would both provide my daughters and

my family privacy for our usage of our property, but it wouldn’t look negatively. I t would

actually match the landscaping quite well in the winter months.

kinds of six foot privacy fences.

Right now, we’re leaning more towards the white vinyl because it matches the home and the

portion of the fence that already exists running along the inside of the property before the pool

fencing.

Pg. 134 June 10, 2025 Zoning Meeting

significant gaps in the vinyl fencing follows the contour of the land and we'll have our seven

month old puppy in the back so I don’t want to dig in under.

have points where it drops or anything.

the street and with he tree line, he’s really not going to see it.

this.

RESOLUTION 25-0041 Michael Short made a motion TYPE II SEQR

which was seconded by: Chris Centola.

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

Allowing the variance of the fence will not affect the essential character of the neighborhood.

There are many lots in the general area that have fences. So, and especially with the material, it

should look good to provide privacy for his yard. There is no other remedy except a fence that

will provide the amount of privacy and security to keep this dog in. So, there is no other remedy.

The requested variance is not substantial and as Corrine mentioned, the mostly effective is across

the street and even that has some existing trees that should help screen it. The area variance does

not have an adverse effect on physical or environmental conditions. While it is self-created, it is

a minimal request to allow him to use his backyard and his pool in a relatively private manner.

have also agreed that this is okay to do pending approval of the Zoning Board.

RESOLUTION 25-0042 Chris Centola. made a motion for AREA

VARIANCE Located at 479 Sandystone Circle.

Applicant Roland Maier is requesting an AREA

VARIANCE to allow fence in the front yard of a

Pg. 136 June 10, 2025 Zoning Meeting

corner lot associated with the construction of 6’ tall

privacy fence on a 1|.8-acre parcel having SBL#

078.016-1-70 located in the R-3 Single-Family

Residential District under Sections 350-12 and 350-

79 of the Code of the Town of Webster. Which was

seconded by Corrine Volo.

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire June 10, 2026

e The fence should be cedar or white viny].

¢ A portion of the fence has already been reviewed and approved by Highway

Department in the rear.

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

requesting an AREA VARIANCE to allow | foot side setback where a minimum of 5’ is required

in association with a driveway expansion a 0.28-acre parcel having SBL# 078.05-1-63 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 Randy Sprague and my wife Mary Sprague. We are having our

driveway replaced dug up and repaired and at the same time we are looking to have the driveway

extended on the west side of the driveway and down the west side of the garage between our

fence and between the garage. It would roughly be one foot, just over a foot from the property

line, existing property line. Currently, it’s just between the garage and the fence. It’s just dirt and

then we had stone put in last year just to get rid of the mud. So, we’re just looking to improve the

visibility of it and just improve the use of the area.

Pg. 137 June 10, 2025 Zoning Meeting

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1) FQUR CORNERS ABSTRACT CORPORATION, ABSTRACT * 192927, DATED JUNE 15, 2000

E> LIBER e829 DF DEEDS, PALE III

2) LIBER 119 OF HAPS, PAGE 12

NOTES:

1) PARCEL SUBJECT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS

>) eee aye IN LIBER 1000 OF DEEDS, PAGE 1000

L SUBJECT TQ AN EASEMENT GRANTED TD ROCHESTER GAS AND ELECTRIC CORPORATION AND

» pea oe roid Ehetlon FOR FIXTURES AS SET FORTH IN LIBER 2803 OF DEEDS, PAGE 3

ASCMCNT GRANTED 10 ROCHESTER GAS AND ELECTRIC CORPORATION

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that correct.

behind the fence. We will store our garbage and recycle bin behind there. It’s just a basic use to

make it simpler than stone. Just a little flatter and a little more usable. 1 mean, it'll be access to

the back yard. That’s the only access, you know, unless you walk out the man door in the garage

or the back of the house. So, to get any wider back there, we would just go through the gate and

over the driveway to get to it.

there... mean at the end of the day you said garbage, a third vehicle would be parked there in the

winter time.

in the driveway behind one of the cars. So, in the summer, it would be parked on the side, you

know, if it’s driveway there and then in the winter, it'll be behind the gate because it’s just a

summer vehicle mainly.

west side and one on the east side. The current owners on the west side, they are completely fine

with that. They said they don’t have any issues with it. The neighbors across the street , they’ re,

you know, fine with it too. Gene on the east side, he’s fine with it and Dan and Bay on...across

the street on the east corner they’re goo with it too. And the other one on the west corner, that’s

currently a rental. So, the owners out of state. I haven’t been able to contact them.

project. No, I will bring it back to the board.

RESOLUTION 25-0043 Michael Short made a motion TYPE Il SEQR

which was seconded by: Anthony Moscaret.

Pg. 138 June 10, 2025 Zoning Meeting

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

driveways on that street within the stones throw of this house that are probably the same setback

or perhaps less. Hard to know, but just based on where the mowing lines are, theyre quarter

acre lots. They’re fairly narrow .

up and it’s probably a foot and a half, two feet from our property line.

common in whole off of DeWitt Road section of town.

didn’t see beyond the gate, but I don’t know where it’s grading but all likelihood it is going to be

pushing water.

neighbors property. It can either be pitched forward to the front of the house or to the back of

the house. Obviously, you don’t want it pitched to the house. Because we don’t want any water

shedding. You have to maintain the water on your property. I don’t want your neighbor to come

back here and say, my property is now flooding.

The request is not out of character for the neighborhood. There are other properties that have

similar driveways that are there and it’s not going to be a detriment to nearby properties

especially if you are having it graded properly so it’s either slopped to the back of the house or to

the front of the house. Not away from the house. The benefit is really not achieved by any other

method to have a pathed access point, and you want it to where the garage is and that is really the

only access point itself. This is not substantial. The fencing, the look of the neighborhood, the

look of the house is not going to change by doing this. There are no adverse or physical effects

or environmental. The difficulty though it is self-created, it is not a significance and it’s not an

Pg. 139 June 10, 2025 Zoning Meeting

;

undesirable change. Docs anyone else want to add anything to the findings. It’s a dirt area right

now and it will actually look nicer.

RESOLUTION 25-0044 Michael Short made a motion for SPECIAL USE

PERMIT Located at 227 Oakwood Lane. Applicant

Randy Sprague is requesting an AREA

VARIANCE to allow | foot side setback where a

minimum of 5’ is required in association with a

driveway expansion a 0.28-acre parcel having SBL#

078.05-1-63 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.

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

CONDITIONS:

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

Building Permit.

¢ That one-year significant construction shall expire June 10, 2026

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

Kuchman of McMahon-LaRue Associates are requesting an AREA VARIANCE to allow a

(east) front buffer area of 26.60ft where 5Oft is required, a (south) side buffer area of 13.20ft

where 20ft is required, a (north) side buffer area of 19.2ft where 20ft is required, and a (west)

rear buffer area of 24.1ft where 25ft is required on a 1.5-acre parcel having SBL# 066.03-1-9.11

located in the I-N Industrial District under Section 350-22 of the Code of the Town of Webster,

Appearing before the board was Greg McMahon with McMahon and LaRue and also, Lon

Lockwood who is the applicant. The project that is being proposed at 633 Basket Road is

construction of a new facility for Lockwood Electric As part of this, this is in the Industrial

Zoning District which carries with it a buffer requirement and do to the size of this lot and the

necessity for parking and access. We’re requesting variances on all four sides from that buffer

requirement. Actually, the west side and the north side variances are I would say rather minor.

The larger ones are on the east side and the south side of the project, and these variances are for

parking for the pavement. They are not for the building, and we are looking....we are mitigating

with landscaping on the east side of the building there is an existing row of large evergreens along

Pg. 140 June 10, 2025 Zoning Meeting

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the west side, and we feel it’s in keeping with the neighborhood; there are several industrial uses

on parcels in this area that have paving or other facilities which we feel are within the same

distance from property lines as we’re proposing.

listed office space for Lockwood Electric; Fleet parking; and vehicle maintenance facilities,

leasable garage spaces for other tenants and dog day care facility. Can you talk a little bit more

about the dog daycare facility.

two of my kids that are interested in opening this dog daycare. So, that’s going to be what that

portions for so that they can run a business. There seems to be a growing need for it.

a dog daycare does fall under different regulations. It’s allowed in here, but there’s minimum fot

sizes; other setbacks and other things that I don’t know if the board took a look at when they were

looking this over.

need variances later so...

kennel.

that as a step in the process that they have to go through.

the use. No, we’d have to crunch some numbers. So, I’m going to look at.............

daycare on the map that is up on the screen.

building and include the existing metal building which is going to remain on the site and be

connected by a small connector over to the new building.

Pg. 141 June 10, 2025 Zoning Meeting

the dog daycare there and it looks like your fencing in that based on what I’m seeing. Am I reading

that correctly.

information that to the north of that is an access for an industrial business that actually falls behind

this and also accesses out onto Salt Road. So, there is a fairly wide parcel that is just a road access

to the north of this.

the dog daycare portion of this, there’s the minimum lot size of 63,000 square feet, which this is

probably pretty close to that because this is an acre and half roughly, right so it would be pretty

close to that. The other one is 80 feet to all lot lines for the structure itself and then it gets into

noise barriers and confinement and other components but from that standpoint for...from a

dimensional standpoint it’s those components there. I drive by this all the time. I mean, it’s an

industrial area. It’s not anything.

separate...that’s going to need permits from the town and probably variances in order for the

portion of it. So, I looked at the building and then the kennels... yep, we'd like to do that if we

could.

project overview to be able to move forward with the building. 1 think kind of along the lines of

what you’re saying Corrine and then at a later time come for the variances and needs for the dog

kennel, dog daycare. Would that be acceptable to you.

BOARD MEMBERS ALL SPEAKING AT THE SAME TIME.

put in there. CHRIS CENTOLA SPEAKING OVER.... That’s what they’d like to do but they’re

asking for the building and the buffers.

anything, we would hear I would think would just be for the building and the setbacks, not how

they plan to.........

then all of a sudden, a dog daycare sets up.

BOARD MEMBERS ALL SPEAKING AT THE SAME TIME.

Pg. 142 June 10, 2025 Zoning Meeting

required anyway. We’ ve done that for any of the dog daycares in town. They’ ve all had to come

before this board. We could give approval to build the building and then.

particular use on this side.

only require a variance for the 80 feet from the property line. So, the lot size is within the

minimum and everything.

happy for me to do it. The waste management is the closest. ...

form. It’s just again, dotting our I’s and crossing our T’s as well.

residents across the street, but the current location of the business is across the street, so they’re

already looking at this lot.

project. Seeing none, back to the board. | have a question, what is the proposed height that you

are looking at for the building.

feet to the eaves. BOARD MEMBERS SPEAKING OVER APPLICANT and probably midline

we're talking about 28-30 feet.

RESOLUTION 25-0045 Michael Short made a motion TYPE II SEQR

which was seconded by: Chris Centola.

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Pg. 143 June 10, 2025 Zoning Meeting

Mr. Prescott AYE

Mr. Centola AYE

The request is not out of character for the neighborhood, it’s residential on one side, but it is an

industrial area. I mean, we have waste management right down the road ; the water authority is

right there; there’s now a milk plant, right so it’s not out of character for the neighborhood. This

will not be a detriment to any of the nearby properties. The benefit is not achieved by any other

method due to the need for the parking spaces; the size of the building; and the size of the lot itself.

It really doesn’t provide the adequate space for the buffer zone itself. It’s not a substantial request,

again because of all the industrial buildings around it. There is no adverse effect to the

environmental...around the area itself. The difficulty is self-created at the end because the

applicant wants the building there but again, there is no other way to achieve the parking

requirements, the size of the building for the company for his company. Any other findings

anybody else wants to add.

is going to be closer to the lot line that allowed. It’s just a parking area and you’ ve got plantings

shown on the preliminary site plan so I’m assuming that you’re going to do some zhuzhing just to

make it attractive to the neighbors across the street.

RESOLUTION 25-0046 Corrine Volo made a motion for AREA

VARIANCE to allow a (east) front buffer area of

26.60ft where 5Oft is required, a (south) side buffer

area of 13.20ft where 20ft is required, a (north) side

buffer area of 19.2ft where 20ft is required, and a

(west) rear buffer area of 24.1ft where 25ft is

required on a 1|.5-acre parcel having SBL# 066.03-1-

9.11 located in the I-N Industrial District under

Section 350-22 of the Code of the Town of Webster

which was seconded by Chris Centola.

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire June 10, 2026

(ERIKA CORSI READ INTO THE RECORD) SEE ATTACHED

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.

Appearing before the board was Bridgitte Fitzgerald. | am requesting to park our small food truck

Pg. 144 June 10, 2025 Zoning Meeting

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of 20 feet by 10 feet tall in our back yard area due to the unique structure of our land. It would

be visible to one lot, which is lot 51 one the map but there is wooded area, 40 feet plus...well, 40

feet to their lot line of wooded area. There is some trees and some foliage that’s missing from

that area. We have parked it there for the past three years and no one seen it. We didn’t know

we were doing anything wrong. We had a crusher pad, stone pad poured to park the vehicle and

then last year we go a compliant. I was pregnant and we didn’t get it into storage, and we got it

into storage a month later than we usually do. So, we are just asking to park it there during foliage

season from end of May to end of September, if possible, rather than using the front driveway.

Because that’s where my husband uses it, he unloads and loads our brick and mortar products

from out garage into his vehicle. We are trying to make everyone happy. We don’t want problems

in the neighborhood. We are friends wit most of the neighborhood and nobody really has a

problem but besides the one lot that I think that can see it, probably has a problem so we are

thinking we can put a camo netting...I think a lot of the neighbors kind of requested that we put

a camo netting, like as a solution to those neighbors. Maybe that would match the foliage. We

did look into planting trees, which was not really cost-effective for us, and we looked into fencing,

which my husband doesn’t really want to do but we’re willing to and open to any ideas.

it goes into a storage.

that you’re looking to do it for more of a convenience factor.

want to do a fence, why not. You already...from what I see is you already have a fence.

convenience. I guess he doesn’t want to spend all that to do that. It would only be six feet and

the trucks 10 foot and he’s like it’s going to be a sail in the wind and that’s why he wouldn’t want

to do that but on the other hand, if we do park it in the front, this is off topic. if we park it in the

front, it’s visible to the entire cul de sac rather than one neighbor when we can try and appease

them.

Pg. 145 June 10, 2025 Zoning Meeting

applicant.

to drive over the grass like it looks like you kind of currently do to get back.

just has freezer, so we keep it plugged in the shed that has electric or actually, the pool pump has

electric to do that with.

so it was plugged in, and you were going to hear the droning of the compressor going all the time.

When I visited the property, the truck is plugged in and it’s silent, but you hear the pool pumps

from all of the pools in the neighborhood that...so, there’s the droning that you get. The....we

did receive letters from three neighbors. One of the neighbors, | guess, on the other side of the

woods who’s really the only one that’s going to see it. The other two letters, from standing in the

backyard at any place, I can’t see their yards. So, if | can’t see their yards, they’re not going to

see it. But I do understand from the one neighbor, it is going to be visible and because it’s a

commercial vehicle the code dictates that it should be in the driveway. I also pulled up the code

for the outside parking of recreational vehicles which are allowed to be significantly larger than

this. They can be up to 40 feet in length and 13 feet tall and they would be allowed behind the

house, next to the house, or in front of the house as long as they’re 20 feet from the road. So, you

could park a much larger vehicle there if it weren’t a commercial vehicle for a business.

business address.

have to squint to see the truck and since it’s not going to be in the fall, but would you consider

Pg. 146 June 10, 2025 Zoning Meeting

adding tandscape or some additional plant material to help screen it to kind of some of

your neighbors.

green giants to hide it, and we also did just regular pines and they were well over three grand so,

we were trying to think of the most cost effective way because we want this foot truck to make

us money.

the two companies that you contacted....[ don’t know if you wouldn’t consider planting them

yourselves or what size trees, they were putting in.

2 feet a year...

probably, once again even planted five footers, it’s going to be awhile before they actually not

only grow to height but grow to a width that actually physically screens it. It’s the attempt that’s

there. So, it’s not.........

section or did you look at actually like a whole row? Like how big was the fence that you guys

looked at.

trees more so. My husband didn’t want to do the fence.

will be to the left, you know, from your driveway. If you put a few 4 x 4 posts into the ground

and then, you know, you separated them 5 feet apart to go 20 feet and then just ran one by sixes

or you know, on it and just tacked them up with the space you could almost create your own

privacy fence probably for very minimal money.

pressure treated and you could paint it. You would secure 4 x 4 posts, and PIl say 16 feet and

you know, you go four feet into the ground and now you've got a 12 foot high and if you separate

them every five feet and then you could run your one by sixes going down the length 20 feet and

it’s really open to the front and the back. You are just using it to block that in. (OTHER BOARD

MEMBERS HAVING CONVERSATION, HARD TO HEAR) I’ve done it, you know, stuff to

Pg. 147 June 10, 2025 Zoning Meeting

block out at my rentals. It’s very cost effective and easy to do. | don’t know if that’s something

that they would, you know, say, okay, based on that, it really hides it at that point and really

answers all the questions of visibility. (OTHER BOARD MEMBERS HAVING

CONVERSATION, HARD TO HEAR). And height wise, it, you know, you don’t have to wait

for anything to grow it. If down the road you got rid of that to pull the post out of the ground is

easy.

line and everything. So, [ mean, if you grab 12-16 foot 4 x 4 posts, you’re accomplishing, you

know, at the end, you’re at least going to be 10 foot high.

BOARD MEMBERS SPEAKING AT THE SAME TIME.

} mean, it’s not out in the open and it’s not out in the field.

THE BOARD AND NOT TH APPLICANT) Well, even if you were to consider that it needs to

be about a minimum 10 if not 12 feet tall to do that.

BOARD MEMBERS SPEAKING

against the project, please come up.

Tom and Joy Piekunka at 745 Hailey Drive: I live on the northeast side of the property that's

asking for a variance, which I'm adamantly opposed to. This...when I sit at my kitchen table or

my family room, | look out the patio room door I see a nice stone patio; I see a flower garden;

and f see a nice lawn, a couple trees and I have a pink commercial food truck as my backdrop.

It has advertising on it, phone number, QR code. It's not the look that l was going for. When I

built in Lake Breeze Estates 26 years ago, | chose a residential so I could enjoy the tranquility of

a nice backyard. I didn’t choose to go to a strip mall, next to a restaurant, next to a billboard,

next to a parking lot or a commercial lot. | chose a residential lot. It’s...d'm quite shocked at

some of the comments that were made here, but uh, you know, we have kids in the backyard. That

commercial truck is driven into the backyard, has a hot undercarriage. Kids kick balls, they hit

balls, they chase balls. If a little kid had their bail in that area and they tried to get that, they

could end up scraping themselves, burning themselves, let alone burning natural vegetation, pine

Pg. 148 June 10, 2025 Zoning Meeting

trees, pine needles, blowing leaves. It's a residence. It’s not a commercial lot. You know, then

having a food truck that brings a different aspect. Okay, we got food scraps. I've been in some

of the nicest restaurants, and I’ve seen what goes on. There's uh you know, are we going to have

an increased rodent problem, mice, uh rats. I've been complaining about this for three years, two

and half years actually. And uh, finally you got a new code enforcement officer that finally hand

delivered the request so, thank you for getting that new code enforcement officer. I'ma licensed

professional engineer. I deal with codes all the time with my business and codes, the main

purpose of them are for the health, the safety and the general welfare of the community. I don’t

see where having a commercial food truck in a residential lot is going to meet those standards

and fortunately, the Town of Webster put together a code book that includes 350-44 that doesn't

allow this. And as far as 19 foot poles (APPLICANT LAUGHS) in the ground....

Michael! Short: So, let me ask you this because the code does allow a commercial truck or

commercial vehicle on the property, right, so they can have the vehicle in their driveway. So, that

is allowed. So, let me ask, is there something that would....I mean, right now it’s affecting one

person. That person is you and at the end of the day, it’s not affecting 737, 743, or 735 or at least

they haven’t voiced their opinion. So, ] guess my question, we can by all means say no and it'll

most likely be parked in the driveway. Which it would then be affecting more people, and it won’t

affect you because you won't be able to see the driveway. Is there an opportunity for some level

of screening or is there something....and that’s why I asked earlier, if the applicant had a

conversation with the neighbors which, here’s the discussion, is there something that would be

amenable to you for that right, is my question.

Tom and Joy Piekunka at 745 Hailey Drive: So, I was going to finish my conversation or my facts

here. You know, having this commercial food truck is...it’s certainly going to devalue my

property and potentially my neighbors property. The owner has options. They can park it in

their garage; modifications; they can park it in their driveway, or they can park it off site. This

is a residential neighborhood, and I trust that the Zoning Board ts going to uphold the codes that

the Town of Webster put in place.

Tom and Joy Piekunka at 745 Hailey Drive: Excuse me, sir.

just want to know how it devalues your property.

Tom and Joy Piekunka at 745 Hailey Drive: Okay, so [I'm in a residential area.

Pg. 149 June 10, 2025 Zoning Meeting

Tom and Joy Piekunka at 745 Hailey Drive: Pmonot next to a commercial lot. A residential area

has a different value than a commercial lot and if | have to have a pink food truck with

advertisement on it, 1......you know, you were the gentleman that asked or suggested 16 foot poles.

Now if I'm not mistaken you are only allowed a 4 foot fence and maybe you could get a variance

for a 6 foot fence but 20 foot poles.

high fence.

Tom and Joy Piekunka at 745 Hailey Drive: So, I can put up a 12 foot fence.

reasoning, you could be granted to do that, but you still haven’t answered my question. How does

it devalue your property. She’s not running the business out of there. She doesn’t have customers

coming to the home. She’s storing her vehicle there to then take her business out of Webster. So,

how does it devalue your property.

Joy Piekunka at 745 Hailey Drive: Because we have a pink food truck in our backyard that's

visible from....

devalue your property.

Tom and Joy Piekunka at 745 Hailey Drive: No, because a purple car is about 4 foot or maybe 5

foot high. I don't have a 10 foot pink.

Tom and Joy Piekunka at 745 Hailey Drive: An RV is usually tan or brown usually.

because you already admit that she could park it in her driveway.

Tom and Joy Piekunka at 745 Hailey Drive: Yes, because that's what your code says.

Tom and Joy Piekunka at 745 Hailey Drive: I don’t have a problem with that. She has......she

can do what the code......

driveway. It’s just parked.

Tom and Joy Piekunka at 745 Hailey Drive: It’s in a driveway tts not in a residential backyard.

Pg. 150 June 10, 2025 Zoning Meeting

Adam Prescott; How does that change, the driveway to the backyard. The resident...it doesn’t

change.

Tom and Joy Piekunka at 745 Hailey Drive: Kids play in the backyard. That development has

houses......

there. So, it doesn’t seem to bother people to spend 750,000 dollars.

Joy Piekuika at 745 Hailey Drive: We don't use our back patio anymore. The past three years,

we haven't even put out our table and chairs and our umbrella.

Tom and Joy Piekunka at 745 Hailey Drive: And your kids, you have a fenced in pool....BOTH

APPLICANTS SPEAKING AT THE SAME TIME.

done if a barrier of sorts was put up to block the view of that vehicle. Right, because as of right

now, what I’m hearing is that you’re not using your backyard because there’s a pink vehicle in

your backyard. At the end of the day, that’s pretty much it. It’s a visual eyesore. I’m just going

to just use that word. Right.

Tom and Joy Piekunka at 745 Hatley Drive: Didn't you hear my other points about the health

and safety aspect.

Tom and Joy Piekunka at 745 Hailey Drive: So, having a commercial food

in your fridge that she does. So, are you bringing mice and rats to the neighborhood.

Tom and Joy Piekunka at 745 Hailey Drive: They’re in my house. My fridge is in my house. I’m

getting a very odd...... that the Zoning Board ts willing to change the code that the Town of

Webster has put in place.

Tom and Joy Piekunka at 745 Hailey Drive: But this is a self-created problem, It's self-created,

right. It’s a business being run out of 0.0.0.0...

applications that [ve seen where you can fall back on it, self-creating. So, aside from that, in all

Pg. 151 June 10, 2025 Zoning Meeting

theory, if you were to park it in her driveway, you still would not be able to use your back patio

because it affects you so negatively.

Tom and Joy Piekunka at 745 Hailey Drive: No, no.

Tom and Joy Piekunka at 745 Hailey Drive: I can, if 1 go upstairs, | can see her driveway.

Tom and Joy Piekunka at 745 Hailey Drive: No, because I don’t look out my windows usually up

from the upstairs.

Joy Piekunka at 745 Hailey Drive: | mean she can’t see the pink food truck from her backyard

or...

EVERYONE SPEAKING

APPLICANT AND NEIGHBOR SPEAKING TO EACH OTHER.

elapsed. So, let’s bring it back to the board to discuss any further questions that you have, and

we’ ll bring the applicant to the podium, and we will continue forward with the variance process.

of the are acceptable to her prior to this evening. Maybe with this additional information, some

of those options may be more palatable to her at this point in time because now she has

information she didn’t have before. I don’t know if that makes a difference to any other board

members...

fence and we talked about a fence or a fence wall, something like that. So, her husband already

nicked that idea without even exploring it. So, they didn’t really explore all options.

in theory...the way she presented tonight, didn’t have prior to coming tonight to tonight’s meeting

so maybe they want to explore other options. REPEATING ALL ABOVE.

Pg. 152 June 10, 2025 Zoning Meeting

It looks like purple, whether it’s purple or pink, it doesn’t matter. In the backyard, I do get that.

I think there....we should be able to find a solution I guess is really what it comes down to. To

be able to park it further back than it is. | don’t know....I’m trying to think where. Ma’am, you

had mentioned that you guys looked at using....your husband nixed the fence without exploring

it, but it sounded like you were also amenable to fencing, is what I had heard. ] don’t know, is

that true.

is a pool shed, if I remember correctly. Is there a reason that it is parked back there versus behind

the garage.

has electric so we can plug it in and so I guess, it’s just not convenient for us to park it in the front

driveway.

] mean the front driveway, you wouldn’t need to be here if it was parked in the front driveway

because it’s allowed by code. If it was parked next to the garage, you would still need to be here

and we’d still have to have these conversations, but it would be further forward. You know, that

would,..that would honestly affect lot 52 more than lot 51, but all the same, right. I mean, 52

and 51 would stil! be able to see the vehicle.

problem, we can put that over it every time.

damaged. You mentioned a wind sail, I mean, if wind does pick up and that’s not tied down, that

will blow. I mean, I have had tarps covering stuff in my backyard and we get some pretty rough

winds and my tarps are gone. Right, so.......

distances between you and your neighbors. It’s better for aerial reconnaissance and stuff further

away. It’s meant just to throw off your eye sight. With the color of the truck underneath it, I

don’t believe the camo netting, unless it’s solid, and then it’s a tarp is going to make any

difference. ] don’t think ils going to achieve what you want it to. I understand the intent, but I

don’t think it’s going to hide it enough where your neighbors are suddenly going to say, “hey,

where did the truck go”.

to call it, come for a variance for that to be able (o hide that.

Pg. 153 June 10, 2025 Zoning Meeting

truck, but you wouldn’t need....as long as you're 15 feet off the property line.

to park the truck.

they....last year in the fall came in to kind of do some separation. They built a berm and dropped

a 12 foot stockade fence in, really nice looking and then put a nice tree; pul another piece of

stockade fence and then another little bush tree and it looks beautiful. You know, it was a nice

separation. It gave them the height to build it up a little bit with the fence and I’m going to guess

they....if ] were to look, there’s your you know that 10 foot and it does, it looks really, really nice

that separation between my lot and their lot. I actually thanked the guys because you know, I

didn’t pay for it. So, If you are looking at that fence, you know, in that realm, that’s, you know,

another thing to explore is building that berm, dropping the post into the berm, stockade fence,

some type of bush tree and another piece of stockage because it’s nice to look at it’s not something

that was slapped up. I don’t know if that suffices. If you know, the problem is obviously getting

rid of it. So, if they look out the back, they don’t see that, right. The truck so it seems that is what

we are trying to come to a conclusion with, and a common agreement is if we can block the look,

does that work.

think it might be in their best interest if they try and resolve the major issue against it. Now, if

they don’t want to or they can’t for whatever reason, then we can vote, but we could ask her, |

don’t know. I mean, are you looking at potential options to screen it or if you...you said your

husband nicks the fence and the tree or the trees/shrubs or arborvitaes were too expensive. I can

guarantee you the 12 foot fence is not going to be inexpensive.

Pg. 154 June 10, 2025 Zoning Meeting

the cost of potentially screening it versus finding a different solution. Potentially offside or in

your driveway. If it’s in your driveway, your done here but if you want it in your backyard it will

need to be screened.

the neighbors do not see.

is that something that I would need to revisit.

to be up or the plantings. Actually, I like Adam’s suggestion of a section of fence and.........

EVERYONE SPEAKING AT ONCE.

comment is right I mean, that’s a really nice 24 inch diameter right next to so EVERYONE

SPEAKING. It’s got to be inside of that OR I’m sorry, outside of that....

from the truck it is, the more the truck it’ll screen.

location, but there’s an opportunity just beyond those clump of mature trees where it’s a little

more open where digging the foundations. If you were to go...............

make you think that if you say. “oh yeah, the fence, it’s not going to be inexpensive.

Pg. 155 June 10, 2025 Zoning Meeting

ALL BOARD MEMBERS SPEAKING

surrounded. It used to be a Christmas Tree farm right. They built up a five foot berm. They had

five feet to already go into. So, it solved a lot of problems and what we are referring to the roots

and hitting roots and rocks an everything that were in the ground. It’s almost like they created

the ground to skip all of that.

think are potential issues if you were to go.

If the applicant would like to discuss the financial options of fencing, then it would be

recommended to table this evening to not provide extra.

you need to hit, if you are going to make a motion there’s going to be an approval. Obviously,

the fence has to be specific. But until that fence goes up, that truck’s got to be put in the driveway

or some place else. So, it’s all contingent upon completion of the fence. I would have the code

enforcement go off, go out, approve it and then advise the town so she can return, if the board

approves it and return.

with a fence. The truck will not be able to be parked there until thata fence.

Pg. 156 June 10, 2025 Zoning Meeting

being.

RESOLUTION 25-0047 Michael Short made a motion TYPE II SEQR

which was seconded by: Chris Centola.

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

if the chair wants to give you an opportunity, it’s something that’s going to add to their decision.

Do you want to give the gentleman an opportunity to respond to anything.

Tom and Joy Piekunka at 745 Hailey Drive: (NEIGHBOR WAS SPEAKING FROM THE

AUDIENCE. HE SHOULD BE AT THE PODIUM. IT’S HARD TO HEAR WHAT IS BEING

SAID). I’m ok with fence and vegetation. If it’s just a plastic fence, I'm opposed to that. It’s a

residential area.

Tom and Joy Piekunka at 745 Hailey Drive: (HARD TO HEAR) I would like vegetation in front

of that fence. Can you do a 5 foot berm with fence with bushes or arborvitae on top of berm......

and the fence and arborvitaes and plants.

fence was put up, now we’re talking, you said natural, right. So, [’m gonna sit here and say a

pressure treated 10 foot fence, right...I mean, that’s wood and that’s as natural as we’re going to

get with planting that go in front of it, would that be acceptable. Whether there’s a berm or not, I

mean, from my perspective, it’s being blocked. So, | guess....1 wanna understand, you know, the

fence going up, will it end up avoiding any balls being kicked onto the applicant’s property and

going underneath the truck . It will block a view to the vehicle....there’s vegetation. I mean, [’m

tooking at this and there’s a 20 to 30 foot of mixed, you know, mixed mature and sapling trees

Pg. 157 June 10, 2025 Zoning Meeting

that are there. So, planting Arbor Vites in that area , they’re not going to grow. They're going to

die because there’s no sunlight that’s within that area. Are there other types of vegetation that

could grow in there. There is. I’m sure there is. I’m not a landscape architect but I’m sure there

is. So, my question is, if there as a 10 foot fence that went up, would that be acceptable.

Tom and Joy Piekunka at 745 Hailey Drive: (HARD TO HEAR, SPEAKING FROM THE

AUDIENCE)

questions and responding answers. So, if there are no further questions, then we need to continue.

your comment to me was, if it was Just a fence, the answer would be no. So, if it was a fence and

vegetation, just a fence and vegetation, I’m getting a head nod. So, that sounds like a yes. I'm

trying to be realistic . I don’t know what will grow in that area. As I look at the photo that’s up

on the screen, there’s saplings but nothing else is growing in that area on that side. That would

be between you and the fence itself. There might be stuff that grows. So, if the applicant attempts

to grow, let’s use arbor vite as an example and they die. Now you have a fence and that’s...... SO

I’m getting back to....I’m not saying, we don’t put that stipulation on that additional vegetation

gets planted. You’re planting in a dense, you know, small, wooded area, the likelihood of

anything growing in that area is limited. So, if she attempts it and the vegetation dies, you end

up with a 10 foot fence, which is, you know, the shed is, I don’t know, an eight foot or a nine foot

shed. If the vehicle is not parked there, you now still have a wall, right. It’s still...it’s the same

length; it’s the same component. So, from a compromise standpoint, if we were to ask for a 10

foot fence with vegetation, would that be acceptable. Yeah, 20 feet long to block the vehicle.

Tom and Joy Piekunka at 745 Hailey Drive: (HARD TO HEAR, SPEAKING FROM THE

AUDIENCE). Yes, I think so. A question I had, there is a difference between code 350-44 and

mic, So, come on up.

Tom and Joy Piekunka at 745 Hatley Drive: The Town of Webster has a code 350-44 which ts for

commercial vehicles and there's a code 350-45 which is for recreational. Why are there....why is

there a distinction and..........

recreational definition.

Pg. 158 June 10, 2025 Zoning Meeting

Tom and Joy Piekunka at 745 Hailey Drive: So, and that’s my point, Mr. DeMarco, is that this is

a commercial business, this is a commercial food truck. [t has their commercial advertisement on

it. So, there a distinction there. And the....and you know, they give them options. You can park it

in the garage, you can park it in the driveway, or you can park it off site.

Tom Piekunka

screening and now we’re going back to the beginning. So, we are not going to rehash this all over

again. 1 understand the question and I guess the board can choose whether to respond to it or not,

but we opened the public hearing back just for that one issue, which you apparently are okay with

it back there as long as the berm and fencing is within the criteria you’re describing. Let’s work

with that and see where we end up.

Tom and Joy Piekunka at 745 Hailey Drive: One other question is, is my letter park of the public

document/record.

Tom and Joy Piekunka at 745 Hailey Drive: Okay, thank you.

don’t, but I don’t know if we a demand....well, we can demand what ever we want but if it were a

shed wall, it would be a brown....well there is a shed there. A shed wall, brown...I’m trying to

balance...I?m trying to balance......

sections, I have this option of solid fence, and she might come back with something that none of

us are even thinking. It might work but it’s nothing that we discussed here.

down on exactly what the end treatment is. Berms and things like that.

ALL BOARD MEMEBERS TALKING.

Pg. 159 June 10, 2025 Zoning Meeting

be a fence. It could be planting of arborvitaes. | guess that’s where we’re looking for you to

come back and say, here’s how I’m going to create this. Ten foot high by 20 foot long.

please them. I] wouldn’t want to do anything more than that or I wouldn’t want to do anything

less. So, that’s as far as I would go on that topic.

Adam Prescott; I think once that’s there, it would probably be easier understanding what we’re

looking at.

front portion.

ALL BOARD MEMBERS TALKING.

going to do anything more to please them” Maybe you meant it differently than ] interpreted.

decide, you know what, they’re not on board. So, try to strive to balance it, right. The economics

of the cost .

looking for, whether you find it to be reasonable or unreasonable, right. Try to come back with a

detailed plan that you believe and not that it should satisfy your neighbors, but that it’s likely to

based upon what they said. That’s going to make the board’s job a lot easier. Okay, because in the

end, they’re your next door neighbors and they got pretty heavy weight on this board in terms of

what they’re going to be looking at. It’s not just, you know, priority 10 with one being the most

important. It’s significant. So, you might even consider running it by them and getting their

blessing. You know what they say on the street? “Do you feel me”.

Pg. 160 June 10, 2025 Zoning Meeting

time for you to pull together a plan of what you would propose to help screen the food truck. The

comments

that I have heard from...you know, the public session is that a 10 foot fence with some level of

vegetation in front of it would be acceptable. Please take that into consideration.

RESOLUTION 25-0048 Michael Short made a motion to TABLED

APPLICATION TO JULY 8, 2025 Which was

seconded by Chris Centola.

Mr. Moscaret AYE

Mrs. Volo AYE

Mr. Spampinato ABSENT

Mr. Prescott AYE

Mr. Centola AYE

ADMINISTRATIVE ITEM:

e No minutes were approved.

e Since there are no further applications before the Board, Michael Short adjourned

tonight’s meeting at 9:00 p.m.

Can ie A AGL pee

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

Pg. 161 June 10, 2025 Zoning Meeting