Zoning Board Meeting
Zoning Minutes 2024.12.10

Minutes

December 10, 2024 · 19 min read · extracted text · View original

WEBSTER ZONING BOARD OF APPEALS MINUTES

PLACE

Webster Town Board Meeting Building 1002 Ridge Road

DATE

December 10, 2024

TIME

7:00 pm

PRESENT

ABSENT:

Michael Short

Corrine Volo

Donald Hauza

Dan Lagoner

Chris Centola

James Spampinato (alternate)

John DeMarco, Attorney

Katherine Kolich, Recording Secretary

Josh Artuso, Director of Community Development

Erika Corsi, Junior Planner of Community Development

Michael Short

Good evening and welcome to the Zoning Board Appeals meeting for December

10, 2024. We do have proof of publication in the Webster Herald.

Call Roll/Pledge of Allegiance

Summary of Application Outcomes

TABLED MATTERS

:

SHARON COURT-GARAGE

Applicant

Dale Weiss

Status

APPROVED AS PRESENTED

SCHEDULED MATTERS

:

693 SUMMIT DRIVE-PERGOLA ADDITION

Applicant

Sally Ingrassia

Status

APPROVED AS PRESENTED

1822 LAKE ROAD-GROUND MOUNTED SOLAR PV SYSTEM

Applicant

Belle Beachner

Status

APPROVED AS PRESENTED

Pg. 318 December 10, 2024 Zoning Meeting

(Corrine Volo read the first application)

SHARON COURT GARAGE

Located at 1093 Sharon Court. Applicant Dale

Weiss is requesting an AREA VARIANCE to allow for construction of a 14’ x 28’

ready-made garage/workshop being placed nearer to the front property line than the

rear wall of the main residence and for exceeding the total allowable lot coverage by

4.4% on a 0.55-acre parcel having SBL# 079. 18-1-40 located in an R-3 Single

Family Residential District under Section 350-12 of the Code of the Town of

Webster.

Appearing before the board was Dale Weiss at 1093 Sharon Court. I am here for a variance for

an accessory building on the property.

Michael Short

Alright, we will bring it to the board for discussion. Any questions or comments.

NO COMMENTS FROM BOARD.

Michael Short:_] will open it up to the public if anyone wants to speak for-or against this project.

Seeing none, I will bring it back to the board if anyone has any comments.

NO COMMENTS

RESOLUTION 24-0076 Michael Short made a motion to TYPE II SEQR

which was seconded by: Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

FINDINGS OF FACTS

Corrine Volo

I. This request is not out of character in the neighborhood: We have reviewed this application

a couple of times. The request is not out character with the neighborhood it is a relatively

small accessory structure. There are other sheds and maybe not to this extents as far as

size but it’s going to be screened and it’s location it’s going to be almost invisible to the

neighbors.

2. There will not be a detriment created to nearby properties: No. There is a hedgerow right

next to this that shields it from the neighbor to the north and that would be the only neighbor

that would really be able to see it.

3. The benefit is not achievable by any other method: It’s a very odd, shaped lot and given

the location of the house, garage, and the pool...and it’s such a short backyard, there really

Pg. 319 December 10, 2024 Zoning Meeting

6.

7.

8.

is no other location where this building can go. This is also the best location and based on

there’s a driveway that goes to this already.

This request is not substantial:

There are no adverse physical or environmental impacts to the site or neighborhood: It’s a

shed or accessory structure. It is not going to impact anything.

The difficulty is not self-created

While the difficulty is self-created it is an unusual lot size

and shape, and this is the best location for this type of a structure.

This is not an undesirable change:

This request is not significant:

Corrine Volo

I guess I will note that we have already granted the side set back. So, this was an

administrative return back to the board based on lot coverage and the location of it just to make it

complete for the applicant so that when they go to sell their house, they’re not stuck with having

to come back again.

Michael Short

So, we still have to make the motion for the coverage and location.

RESOLUTION 24-0077 Michael Short made a motion to

APPROVED AREA VARIANCE

Located at 1093 Sharon Court.

Applicant Dale Weiss is requesting an

AREA VARIANCE to allow for

construction of a 14’ x 28’ ready-made

garage/workshop being placed nearer to

the front property line than the rear wall

of the main residence and for exceeding

the total allowable lot coverage by 4.4%

on a 0.55-acre parcel having SBL#

079.18-1-40 located in an 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 AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

CONDITIONS:

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

Building Permit.

Pg. 320 December 10, 2024 Zoning Meeting

e That one-year significant construction shall expire December 10, 2025.

(Corrine Volo read the second application)

PERGOLA ADDITION

Located at 693 Summit Drive. Applicant Sally Ingrassia is

requesting an AREA VARIANCE to allow addition of an 18 foot 4 inch x 28 foot 10 inch

pergola on the south side of the property with a setback of 5 feet 10 34 inches, where the

minimum setback required is 15 feet on a 1.10 acre parcel having SBL# 063.17-1-29 located in

an R-2 Single Family Residential District under Section 350-11 of the Code of the Town of

Webster.

Appearing before the board was Doug Templeton with Hanlon Architects on University Ave on

behalf of Sally and Angelo Ingrassia of 693 Summit Drive. I am here today to discuss the

pergola addition that they would like to do to the side of their home. As you have seen in their

plans, they are going to be doing some other things as well on the property but the pergola off to

the side of their home they are looking to create something that’s a little more sheltered than

where their grill area is currently because they use that patio often. Sally and Angelo own

properties on both sides of this. The subject property and so they regularly go through this door

and use this patio between the two properties and so they would like to construct this pergola to

just make a better use out of it and kind of enjoy that outdoor space there. So, we don’t believe

that it’s necessarily out of character for the area because it’s an end of a cul de sac and the last

two properties on the end of this cul de sac. It’s visible from the road but as you can see it’s

very open compared to the existing that is around it. The yellow building is the house

obviously that you can see in the rendering and then that stone structure. To the left is kind of

their pool house that is existing, so this is going to extend about 2 and half feet past that existing

building that is there today hence why we are coming here today obvisioyly that’s closer than

the 15 foot set back per the zoning code. It will have solar shading on the top of it so it will

allow water to drain through it and just kind of mitigates it a little bit but a very open structure

so there is sight lines through it at all times and in my opinion, it looks pretty nice from the road

so, but | am here to answer any questions you have about it or any concerns. Thank you.

Michael Short

Out of curiosity, why extend it 2.6 beyond the current building.

Doug Templeton

As you can see on the rendering a little bit, the existing patio that is there

today if they were to put those foundations into that patio there is going to be some structural

hardships with the construction so they could put them in the landscaping bed that makes it

clear of all those existing conditions so that they don’t have to work around.

Michael Short

So, the landscaping bed is existing so to avoid cutting up the existing is why the

2.6.

Doug Templeton

That’s correct, yes and that 2.6 is to the outermost edge of the pergola so it’s

not where the posts are it’s where the roof canopy is.

Pg. 321 December 10, 2024 Zoning Meeting

Michael Short

Yep, understood. How far beyond the existing structure are the posts.

Doug Templeton

1 would have to check here but I would have to say it’s probably 18 inches or

so that is going to be extending past those posts .

Michael Short

The posts are 18 inches beyond the existing structure.

Doug Templeton

No, sorry. [ was talking the roof edge from the posts. So, the posts

themselves are 17 feet 4 inches off the existing house. So, outside of that , existing shed that

stone building that you see in the background there it looks like it would be about | foot 4

inches.

Michael Short

So, about 16 inches...the posts are about 16 inches beyond the existing building.

Doug Templeton

Yes, and that is...oh, I’m sorry. Forgive me I’m looking. A little bit too late

in the day so it looks like the roof edge is about 16 inches so to the center line of the post it’s

probably 4 to 6 inches beyond that.

Michael Short

Thank you.

Chris Centola

The rendering that you just handed out doesn’t include that covered walkway

then right.

Doug Templeton

There wouldn’t be any covered walk way.

Chris Centola

It looks like a covered walkway going from...

Michael Short

Where Josh is pointing to on the screen

Chris Centola

Right, is that a covered walkway.

Doug Templeton

That is not a covered walkway today.

Chris Centola

No, no, no, f understand that but is that the plan. I’m just looking at the plan and

] just saw the rendering and

Doug Templeton

It is not part of this application no; this would just be for the pergola.

Chris Centola

Ok, Thank you.

Michael Short

Any other questions from the board.

Donald Hauza

What does that represent then.

Pg. 322 December 10, 2024 Zoning Meeting

Doug Templeton

I am not sure what that represents. I know they have paving there along the

way.

Michael Short

There is nothing. There’s a walkway there right now.

Chris Centola

Yeah, there’s a walk but I’m saying, I knew that as a covered walkway.

Donald Hauza

I just want to make absolutely sure that this application does not include that.

Chris Centola

I was just curious because it wasn’t labeled if that is what it was.

Corrine Volo

Well, that walkway not that it’s part of the application but that can’t be covered

because that goes over the property line.

Donald Hauza

Both these parcels came in to the Zoning Board many years ago

and that walkway was discussed quite a bit of detail if I’m not mistaken... I just want to make

sure that this application does not include any covering of that walkway.

Michael Short

My other questions is, how would access be...] understand that they own both

parcels however, in the future if they don’t own both parcels, how does one gain access to the

west portion of the property.

Doug Templeton

So, if you are looking that the rendering you’re talking about what’s beyond

this pergola correct.

Michael Short

Looking at the plan going towards the pool. So, if you can pan down so we can

see how....a little bit more Josh. Keep going up just a little more. You are pushed up against

the property line to the north and there really is no access on the north side and now we’re

shortening the access even more on the south side

Doug Templeton

So, the access as far as pedestrian is walking in along that walkway and then

turning and going under the pergola and down the steps to the pool area which access the back

portion of the lot.

Michael Short

No thought or no need for vehicular access in any way shape or form.

Doug Templeton; There would not be vehicular access in this area anyway because of that

existing concrete patio and the steps.

Michael Short

Maintenance of the pool, in-ground pool etc. right, I mean so at the end of the

day and I don’t know if this is on sewer or not but access to the inground pool for larger

maintenance there’s no need to be able to get back there or anything else. What I’m trying to

avoid is when somebody comes and needs to do renovation to the inground pool, they’re going

Pg. 323 December 10, 2024 Zoning Meeting

to be bringing bobcats, or going to be bringing or other types of vehicles. I’m not talking it’s a

daily occurrence but has there been any thought given on that access. Again, right now there’s

not an issue because they own both parcels. It becomes more of an issue in the future. If they

don’t own both parcels or the next person doesn’t own both parcels.

Doug Templeton

Understood. I don’t or I can’t speak on behalf of the owner of what his plans

are as far as maintenance of the pool, but I know they’ ve been maintaining it in this way and not

using that are for vehicular access at all and they’ ve done landscaping and pool maintenance

back there for years.

Michael Short

Ok. Any other questions from the board. NO COMMENTS FROM THE

BOARD. 1 will open it up to the public to speak for or against this application NO ONE

SPOKE. I will bring it back to the board.

RESOLUTION 24-0078 Michael Short made a motion to TYPE II SEQR

which was seconded by: Donald Hauza

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

FINDINGS OF FACTS

Chris Centola

Based on the design, the request will not create an undesirable change in the existing character of

the neighborhood or the property. I believe the benefit sought is relatively minor. There are other

remedies but because of the unique situation of the existing house and patio this makes the most

sense.

This request is not out of character in the neighborhood:

There will not be a detriment created to nearby properties:

The benefit is not achievable by any other method:

This request is not substantial:

There are no adverse physical or environmental impacts to the site or neighborhood:

The difficulty is not self-created:

This is not an undesirable change:

This request is not significant

Is not significant. The proposed variance would not affect

any environmental of physical characteristics conditions of the site and although, like I

said, is somewhat self-created . I think it’s a logical design for the house and I think it’s a

good solution.

Ge) eS ha toe) ad

Pg. 324 December 10, 2024 Zoning Meeting

r

RESOLUTION 24-0079 Michael Short made a motion to APPROVED

THE AREA VARIANCE

Located at 693

Summit Drive. Applicant Sally Ingrassia is

requesting an AREA VARIANCE to allow

addition of an 18 foot 4 inch x 28 foot 10 inch

pergola on the south side of the property with a

setback of 5 feet 10 % inches, where the minimum

setback required is 15 feet on a 1.10 acre parcel

having SBL# 063.17-1-29 located in an R-2

Single Family Residential District under Section

350-11 of the Code of the Town of Webster which

was seconded by: Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor 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 December 10, 2025.

(Corrine Volo read the third application)

GROUND MOUNTED SOLAR PV SYSTEM

Located at 1822 Lake Road. Applicant Belle

Beachner with ACES Energy is requesting AREA VARIANCES to allow a ground mounted

solar installation in the front yard, and to have a second accessory structure where only | is

allowed associated with the construction of a 98.4 by 13.7 solar array on a 5.0 acre parcel

having SBL# 037.03-1-33.1 located in an LL Large Lot Single Family Residential District

under Sections 155-5 and 350-13 of the Code of the Town of Webster.

Appearing before the board was Steve Mikolajczyk with ACES Energy in Honeoye Falls and

this project is for a ground mounted solar system a residential system. Basically, it’s very

straightforward and install will offset most of their electrical use. It’s a pretty big house and

it do most of it for them.

Michael Short

Any questions from the board. NO QUESTIONS FROM THE BOARD. I will

open it up to the public Seeing that there is no public here, ] think we are good on that part,

and I am assuming no other comments from the beard.

Corrine Volo

Now I guess, just for the record I want to clarify the reason you can’t put this

behind the house.

Pg. 325 December 10, 2024 Zoning Meeting

Steve Mikolajczyk

The trees and the space. The size of the lot, it’s kind of funky back there. It

wouldn’t fit.

Corrine Volo

It’s a very narrow portion but I just want to make sure that we capture that in the

record.

RESOLUTION 24-0080 Michael Short made a motion TYPE II SEQR which

was seconded by: Chris Centola

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

FINDINGS OF FACTS

Michael Short

I.

2.

as

7.

8. This request is not out of character in the neighborhood: The house is set way back from

the property and it won’t be seen from the neighborhood itself.

There will not be a detriment created to nearby properties: It is not, the closest house is

about 400 feet away from where this is, and the lot is lined with trees on all sides, so it

won't cause any visual detriment to any of the nearby properties.

. The benefit is not achievable by any other method: Because of the odd shape of the lot

being narrow on the rear side of the property as well as the vegetation that is on the property

itself

This request is not substantial

There are none.

There are no adverse physical or environmental impacts to the site or neighborhood: There

are none and again, it is a large lot so its pretty self, on it’s own if you will.

The difficulty is not self-created

And really, it’s because of the shape of the lot, where the

house is situated on the lot itself and really doesn’t offer the ability to be placed anywhere

else on the lot.

This is not an undesirable change: It is not.

This request is not significant

It is not significant to the impact of the property.

Does anyone want to add anything else.

Chris Centola

And the fact that to keep it treed and buffered that, that is probably the best

location for the array itself.

Corvine Volo

Any other location it would be closer to the home at

820. Chris Centola: The biggest environmental or physical or visible is going to be to the applicant.

Pg. 326 December 10, 2024 Zoning Meeting

;

RESOLUTION 24-0081 Michael! Short made a motion for AREA VARIANCE

Located at 1822 Lake Road. Applicant Belle Beachner

with ACES Energy is requesting AREA VARIANCES to

allow a ground mounted solar installation in the front

yard, and to have a second accessory structure where only

| is allowed associated with the construction of a 98.4 by

13.7 solar array on a 5.0 acre parcel having SBL# 037.03

1-33.1 located in an LL Large Lot Single Family

Residential District under Sections 155-5 and 350-13 of

the Code of the Town of Webster which was seconded by:

Corrine Volo.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor 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 December 10, 2025.

e Proceed to the Planning Board.

Michael Short

Is that right Josh.

Josh Artuso

Actually, they have to go to the Planning Board

Michael Short

Don, Congratulations on this being your last meeting.

Donald Hauza

Thank you and it was an honor working with the board and the applicants really.

Michael Short

Jim, we look forward to having you up here at the next meeting.

ADMINISTRATIVE ITEM:

e No Minutes were approved.

e Since there is no further applications before the Board Michael Short adjourned tonight’s

meeting at 7:30 p.m.

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

Pg. 327 December 10, 2024 Zoning Meeting

JAN 15°25 pH19:16

FILED WEBSTER TWN CLK

End of document