WEBSTER ZONING BOARD OF APPEALS MINUTES
Webster Town Board Meeting Building 1002 Ridge Road
October 8, 2024
7:00 pm
ABSENT:
Corrine Volo Michael Short
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
Good evening and welcome to the Zoning Board Appeals meeting for October 8,
2024.
Pledge of Allegiance , Call Roll
We do have proof of legal publication from the Webster Herald for the agenda for
this evenings meeting. We do only have a board of four members, and we do have one board
member that is absent this evening. For any of the applications, you still need to get three yes
votes out of the four. Is there anyone who would not wish to proceed this evening because of
that. Ok then, we will proceed with the meeting. Anyone who does speak at this evenings
meeting I would request that you write your name and address on the sign up sheet that is by the
entry door so that we have the record for the minutes of the meeting.
Summary of Application Outcomes
TABLED MATTERS
:
671 WILLOW LANE/ACCESSORY STRUCTURE
Bryan Bishoping
The applicant has requested to table this application until the November 19'
meeting to respond to additional material specification requests from the Planning and
Zoning Boards.
WILLOWPOINT WAY/WATERVIEW APARTMENTS PHASE 3
Legacy Development Co.
Applicant has indicated that a revised design will be submitted to the Town,
therefore this application will be tabled to a future meeting**
Pg. 242 October 8, 2024 Zoning Meeting
SCHEDULED MATTERS
:
219 MILL STREA RUN/ SINGLE FAMILY
John DeFazio
Approved with the conditions:
e 39.85 feet rear setback
* The screened-in portion of the covered terrace shall not be enclosed.
e Miust obtain all governmental permits.
¢ 1-year meaningful construction.
Significant landscaping along the rear of property shall be installed.
1093 SHARON COURT/GARAGE
Dale Weiss
Application was tabled to the November 19% meeting due to noticing error.
1146 BROOKTREE LANE/COVERD PORCH
Todd M. Elsbree
Approved with conditions:
e 42’ front setback for 8’ x 9’ covered front porch.
e Must obtain all necessary governmental permits.
e 1-year meaningful construction.
671 WILLOW LANE/COVERED PORCH
Bryan Bishchoping
Approved with conditions:
e 30° front setback for gabled covered front porch
¢ Porch dimensions will be 10’ x 22° and design drawings shall be submitted to
the Town of Webster prior to receiving a building permit.
e 1-year meaningful construction.
751 MAPLE DRIVE/DETACHED GARAGE
Raymond Schlegel
Approved with conditions:
e 35’ front setback for pole barn (4 feet from existing driveway).
e Requires Planning Board approval and building permit.
e 1-year meaningful construction
(Chris Centola read the first application)
671 WILLOW LANE ACCESSORY STRUCTURE: Located at 671 Willow Lane.
Applicant Bryan Bishchoping is requesting AREA VARIANCES to allow a side
setback less than what is required and to allow the placement of the accessory structure
Pg. 243 October 8, 2024 Zoning Meeting
to be nearer to the front property line than the rear line of the main residence associated
the construction of a 500 SF detached wood-framed structure on a 0.46-acre parcel
having SBL # 065.13-2-11 located in an R-3 Single Family Residential District under
Sections 350-12 and 350-36 of the Code of the Town of Webster.
So, did you want to give us an update of this application.
Appearing before the board was Bryan Bishoping. So, I submitted a couple of pages, and the
new idea is to take the metal siding and install it horizontally to make it look similar to the
primary residence and that 9 inch to rib to rib is going to be very close to the existing siding on
the primary structure.
Now Josh, additional information was submitted today, picture wise to...does that
applicant want to show that.
I will speak to that. It is just part of the presentation. Some of the ideas off of
this, we want to make sure to clarify or give clarification, At the last meeting we were, once
again, to make sure that it was more residential and neighbor friendly in nature and once again
instead of the elevation project bucket evaluation showed at the last meeting, where it was
vertical, and it was felt that it looked more industrial like a pole barn would be in an industrial
park. The alternative is then to move it horizontally which is what most of the siding is in this
neighborhood and then the pictures what were given today were just , once again, accent pieces.
Have the light fixtures above the door or adjacent to the doors rather matching the ones on the
main structure of the house and then later on today and I don’t want to speak to it right now, but
later on he has rethought my idea to try and blend the tow together for the main house and the
accessory structure and that is part of why he has brought in an application to enhance the front
of the house with a front porch. Plus, he was hanging out with his neighbor, and they wished
there was a front porch so that blends this one with the siding that would be horizontal in nature
and accent them each of them together. In addition, there are shutters are the main structure and
putting shutters on this accessory structure to match the house to make it more complimentary to
the residential nature. Is that what the board is looking for from the last clarification at the last
meeting after it was tabled. Sorry I missed that one I was out of town.
Yes, do you have any renderings of what it is that you are planning on building.
The renderings would still be the same elevations that they were before. The
only alternative is the architect drew the lines vertically and the lines would be horizontally on
the siding, but no the architect has no been commissioned additional renderings beyond that.
The only pictures that there were neighboring residential structures in multiple communities and
the other accent piece is possible wainscoting at the bottom Just to break up the siding as it is but
once again, those are just accent pieces. We are trying to find out exactly what the Zoning Board
is looking for, for residential in nature.
Pg. 244 October 8, 2024 Zoning Meeting
I am going to have the attorney...the chairman of the Planning Board, Mr.
Casciani has provided a letter to the Zoning Board with recommendations as to what the town
looks for with this type of a structure.
Did you receive the letter from chairman Casciani date October 4'"?
I have not received anything.
I just received this, this evening.
I know that Josh had mentioned it was in the outside of the deadline, correct?
The letter from the chairman, yes. We had mistakenly thought that it was provided
to the board in one of the previous months applications and we recently discovered that it was
not, so, yes, we did just provide it all to you tonight.
So let me just read this for the applicant. (SEE LETTER FROM CHAIRMAN
CASCIANI ATTACHED) So, it might be helpful because I know some of these issues were
addressed in the previous meeting as to where we left off which was....because I knew there
were multiple components and some of which were ok and other which were problematic.
My recollection is that the structure looks very commercial and needed to be
softened up so that it met the character of the neighborhood, so it did not look like a commercial
building. That is what I am recalling and that was one of the biggest issues that I have with the
proposal,
Right, we were concerned with the height since it was going to be over a single
story structure and requested renderings so that we could see exactly what the structure is going
to look like and more than just the one page sketch that we received. Um, I guess my own
thoughts, given that this is recently received material from the Planning Board chair person and
that the applicant has not seen this, I guess I would not be opposed to the applicant tabling for
one more time. Looking at the Planning Board letter that is from Tony, from Mr. Casciani and
then if you choose to come back the next meeting, have a design for us that meets this criteria
or...
So, just to clarify, Is this going to go to the Planning Board for their review
where it would add another month or are you doing the review that the Planning Board did?
We...the Planning Board...
Do you want us to meet what that letter says.
Pg. 245 October 8, 2024 Zoning Meeting
The Planning Board gave us...... IT am just speaking from me; the Planning Board
gave us this letter of the things that they would expect from an accessory structure in a
neighborhood such as this is going to be located. We just received this correspondence so I
understand that the applicant has not received yet but there is a paragraph here that is specific of
what we have been trying to beat around the bush of what we would like to see as far as the
esthetics of the building. There is the function that you need to be able to store stuff inside but
the outside, based on where it’s located. If it was behind the house and met all the location
criteria, I don’t know that the board would be as concerned with the esthetics but because of it’s
location and right out in the open and visible.
Ok, thank you. So, you would like to table it for another month?
Well, I am just one person.
I just want to be clear on something, Josh you had indicated, coming from an
email from mid-after noon/3:00, there is a change between you and the applicant. | guess that
was what I was referring to, there was late submittals.
Correct.
The only submittal that I have and maybe I don’t have everything, is the example
of the horizontal setback siding. Was there more than this?
I can clarify that. I transmitted to him asking if I could present it as part of
our presentation today meaning the presentation that we would put on the screen, and he said it
was beyond the deadline. It was clarifications as we gathered more information even ideas from
this weekend, so it was not part of the submission no, but it was once again, working the design
progress to this, That is, what is in your hand......
This is a totality of what was submitted. (BOTH PARTIES SPEAKING AT
THE SAME TIME)
The last meeting. ...yes
That is what I wanted to know. So, I just want to get clarification again, you said
renderings that if the board and it seems inferentially that they would like to see that, and you are
indicating that ...
I am indicating that the architect gave them before and that is what the
architect felt was a rendering.
Just this? (HOLDING UP WHAT WE RECEIVED)
Pg. 246 October 8, 2024 Zoning Meeting
Right, that is elevation view which was what the architect deemed as being a
rendering. You want more detail on the selections of exterior of the elements. The wainscoting
at the bottom that the Planning Board just clarified up because that is what I am feeling is that
was not submitted to any other prior applications and what was submitted from last month to this
month and correct me if 1 am wrong Bryan, was the asking of switching of the siding from
vertical to horizonal to make it less industrial.
You are of course free to submit or not submit anything and I don’t think the
boards trying to drive you to spend more money on the application by asking the architect to do
more work than is necessary, but it sounds like the board is struggling with this whole
commercial appearance look and I would assume that it addresses that, and I am assuming
favorably for yourselves some softening, whatever that might consist of . It’s probably going to
be the best thing for you to do.
So, for instance, this one, pointing to it directly, that is what it’s trying to
resemble is showing how the architecture will soften it and match the house. Is that clear.
No that isn’t what...if I am looking at the same thing master ribbed/wide ribbed
panel, that is a material specification. It says nothing about how it looks on the structure; it says
nothing about the color or how it fits in, stuff like that. Although this is good information and it’s
not the only information and I am not going to speak for the rest of the board, but we want to see
what it’s going to look like. Have them draw almost a perspective or something like that or even
if it’s elevations showing each side.
That is what was submitted other than the lines are vertical. (BOTH
PARTIES SPEAKING AT THE SAME TIME-Chris Centola) Mr. DeMarco...
With the current stuff. This way, we can look at it and help and decide whether
or not we believe it’s fitting with the character of the neighborhood. I don’t believe I have
enough information to say yes it does. I don’t think it actually meets that threshold but that is just
my opinion, and I think if you are to look at Chairman Cassiani’s letter and address those , that
would go a long way and illustrate to the board what we would like to see with that.
Going back to it, for the submission, the month prior, that that was submitted
from Jeff Losen the architect. That was the rendering and once again, it just wasn’t
commissioned to have him change the siding line from...... (DONALD HAUZA SPEAKING
OVER APPLICANT)
This is all new information. In order to for us to have a clear picture of what you
are intending on doing based on the information that the Planning Board Chairman gave to view
and that is a big hint from him, I mean he is providing you a lot of “ins” in that letter, and I know
you don’t have a copy.
Pg. 247 October 8, 2024 Zoning Meeting
We have not seen it yet.
I haven’t seen it either until this evening.
Other than the softening parts two weeks ago, were those rendering enough to
show the scale of the structure other than the lines of the siding . The orientation of the building
doors and windows.
I think and again, speaking just for myself, but I think the consensus of the board
at the...[ lost count of how many meetings was that if this is what is going up, this is too
industrial looking. It’s very plain; the height has been a concem to the board. Since it’s no
longer going to have two floors there truly is no reason for it to be 23 feet tall which makes it
larger than any other accessory structure in the neighborhood, in that entire track. It is very
warehouse looking and that, I think every member of the board has conveyed that in some way,
shape, or form every time we have discussed it.
It is so secret that your client is an electrician.
Can I ask a question?
Go ahead, ask.
I guess, how was the Planning Board brought into his and how my occupation
was brought into this.
At one meeting you provided testimony that you were going to have racks in
there that were going to be 25 feet tall and you thought that was customary in a residence to have
racks.
I have them in my garage right now, yes.
Ok, it is not customary for a residential property to have storage racks that high.
That tells me you have a commercial business or your intentions of a commercial business
occupying that site. We are trying to avoid that. This is a residential neighborhood.
I would like to bring it back to...we just seem to...but back to
the original gentleman, are you asking to table it until next month. I mean this is new and we
just got this.
We also just received this today. We had originally approved the side setbacks
and then referred the design of the building for the applicant to take that to the Planning Board.
The applicant determined that or optionally go to the planning board, and we would have had
this information in July but since the application did not go to the planning board the conditions
Pg. 248 October 8, 2024 Zoning Meeting
referred it back to the Zoning Board to go back to go, do not collect 200.00 dollars, start all over
again. I don’t know how many different ways to convey to you that this storage structure is not
appropriate for that neighborhood in that location. The way it is currently presented.
So, we are recommending that you table it. Go back to the drawing board if you
will, because if you don’t and the board was to vote tonight, it sounds as though it would not
pass. So, to keep the possibility alive, I am recommending it to you.
So, before it was not a motion by or a recommendation by the board that you
table it with this new information, you would like us to request tabling it.
The board is happy to act on it tonight, but I don’t know that you would get the
result that you desire.
We will request to table until next month and once again, get a rendering with
materials and a depiction on it from a licensed architect or does it have to be a licensed architect
or not.
No, just....if you have someone, your kid or a cousin, nephew or niece, is good
with phot shop, just something that shows us what you are going to build and how it is going to
look next to the house with colors.
You want a rendering with the house rendered too?
It doesn’t matter. Just something that shows us the basic volume and scope of the
building with how that new horizontal siding is going to look with it and any other conditions
that you need in the planning board letter that you may or may not want to add on to the drawing.
So, we would like to request this to be tabled until next month for this
application.
So, you are requesting to table this until November 19" which is the next meeting
of this board.
Yes, and real quick to Josh, I can find the deadline date on the website?
Yes.
And we would still have to meet the same application as if it were and
application deadline, correct?
Yes, thank you.
Pg. 249 October 8, 2024 Zoning Meeting
The deadline is October 29". Does it make sense, because it is the same
applicant for 6 this evening ok or no, Ok, you don’t want to keep them together.
I don’t think there is a reason to.
SOMEONE FROM THE AUDIENCE SPEAKING OUT.
We closed the public portion. two, three meetings ago.
RESOLUTION 24-0054 Corrine Volo made a motion to TABLED
APPLICATION TO THE NOVEMBER 19, 2024
Donald
Hauza.,
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
(Chris Centola read the second application)
WATERVIEW APARTMENTS PHASE 3: Located at the northwest corner of Willow Point
Way and Nautical Mile Drive. Applicant Legacy Development Co., Inc is requesting AREA
VARIANCES to allow:
* A front setback less than what is required
* A district buffer area less than what is required
* A building length longer than what is permitted
* Less parking spaces than what is required
associated with the construction of (2) 45-unit apartment buildings, each 3 stories in
height on a proposed 13.15-acre parce! having SBL# 093.06-3-64.11 located in an MHR
Medium High Residential District under Section 350-14 of the Code of the Town of
Webster.
RESOLUTION 24-0056 Corrine Volo made a motion to TABLE
APPLICATION AS APPLICANT
REQUESTED UNTIL FURTHER NOTICE
which was seconded by: Chris Centola.
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Pg. 250 October 8, 2024 Zoning Meeting
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
(Chris Centola read the third application)
MILL STREAM RUN SINGLE FAMILY RESIDENCE: Located at 219 Mill Stream Run.
Applicant John DeFazio is requesting an AREA VARIANCE associated with the construction
of a new single-family dwelling with a rear setback of 35 feet where the minimum required is 55
feet on a 0.51-acre parcel having SBL# 036.03-1-96 located in an WD Waterfront Development
District under Section 350-11 and Section 350-25 of the Code of the Town of Webster.
Appearing before the board was Al LaRue with McMahon LaRue Associates. Adrian DeFazio
and John could not attend this evening. A little bit of history, as Mrs. Volo knows, during
COVID of 2020 the board granted a variance for 44 foot minimum rear setback. The project
didn’t go forward due to COVID and due to cost of construction during that period of time but
since then the home has been redesigned with a covered porch in the back in the rear extending
further into, he setback. Now we have a letter that submitted to the town the Costal View HOA
and approved it with conditions of course. Architectural etc.....and the home owner does want
to build as soon as possible and if we get a variance tonight, he will be preparing site plans for
submittal to the Planning Board.
Other than the covered terrace that has been added to the back, it’s essentially
the same home that was improved in 2020.
It is except for the exception of that covered porch which extended back into the
further end of the setback.
Ok
J think it enhances the structure for sure.
But the lines of the house, other than that porch........(COULDN’T HEAR
WHAT WAS SAID, BOTH PARTIES SPEAKING)
Oh, very much so
That terrace is not enclosed?
It is partially enclosed it’s just screened in.
Ok, so it’s a screened in terrace with a roof on it.
Pg. 251 October 8, 2024 Zoning Meeting
Yes, that’s right. In this town you better be screened in. If you want to use it. There
will be a roof over it.
I just want to clarify in my mind what is being proposed because it says covered
and obviously the definition.........
Yes, its covered by the screen. It’s not part of the structure, you know the main
Structure,
Is there any intention to ever, grant it the house isn’t even there, ever to enclose
it completely and make it part of the interior space.
No there is not.
As long as the applicant doesn’t mind us establishing a condition that it can not
be fully enclosed and the screened in porch would remain screened in.
This is a public hearing, and I will open the discussion to the audience for
anyone who would like to speak for or against this application.
Erich Koenig at 392 Coastal View Drive: It is the property directly behind the property here in
question this evening. I do recall having a notice from the town about 4 years ago with he
request of the variance, and I believe at the time it was 1] or 10-11 feet for the minimum
setback difference and to be honest with you, I really didn’t have a problem with it at that point
10 feet on a larger lot like that you are probably not going to notice the difference and now you
are talking beyond that amount. I went out there today in fact with a tape measure and I have
a general idea of where the stakes use to be and since then, they have been knocked down after
4 years of mowing and what not around that area, so I have a general idea of where that is.
There is a raised berm that is between the Property in question and my property that does
partially obscure the two properties. Like if the house were to be built there is a raised berm in
there and it's probably about 6 feet in height and on the one side, it would be like the western
side of the property but does essentially slope down to nothing on the Jar side. My concern, 35
Jeet, it’s very close to that rear berm and especially with that covered porch, I don’t understand
why the whole house itself. if you want to keep that original setback of the 44 Jeet or whatever
had originally been approved, like just push the whole house forward 10 feet. I know I just
said 10 feet doesn’t make a lot but like when you are talking either 55 feet or 35 feet, you are
talking almost half of the distance that the house is now going to be coming into that minimum
setback that was allowed by the town. So, again, I didn’t have any issues with it at first, but I
Jeel like 35 feet, especially when you look down that line of all those homes and neighborhood.
fam very familiar with that HOA with the restrictions and rules and stuff, and they apply to
everybody in that neighborhood and have a very particular idea of how that neighborhood is
supposed to look and I just feel like that house, it it’s offset that much compared to the rest of
the homes is going to look out of place and basically going to encroach essentially into my
Pg. 252 October 8, 2024 Zoning Meeting
back yard. Especially if they decide, I don’t know what there future plans are but if they decide
to put like a concreate patio in or something like that which typically people do on these semi
enclosed porches so they can kind of get outside, they are going to be right beside that berm.
My kids play out back there and stuff like that, so I am just concerned that...... the originally
setback of 44, I probably wouldn't have much of an issue with that but when you are talking a
whole 20 feet when you are talking the distance, I think is a little bit too much. Unless they
would be up to an agree to plant up some screening. Some evergreen trees or something that
like that that would create some sort of natural barrier to kind of mitigate any sound. Iam
more concerned with the view. We have a pool in our back yard, and I have planted some trees
on the top of that berm already at my own expense with the permission of the HOA. They have
been going there for 5 years. They are evergreen trees, and they are probably about 10 feet
tall and most of them are ready now so it is providing some sort of buffer right and I did that in
semi anticipation of a home being built back there but it doesn’t completely screen it off so if
the applicant hear tonight would be willing to agree to some sort of additional screening at
their cost and kind of split the difference. I am trying to be neighborly, and I don’t want to
cause a big problem right, but rules are rules, and, in our neighborhood, we are kind of forced
into certain things that we didn’t want to do necessarily with our property, but I just feel like
that would be a big change in that area of the property.
Sir, does your rear property line abut their rear property line or do you have
common space between.
Yes, the berm is common space the berm itself. If I had to guess, the back of my
property line to the back of where theirs is, it's probably...the thickness of the berm, if I had to
guess it is probably 15 feet maybe at the base and then of course it naturally slopes upward.
There is actually a walking path for the neighborhood that goes across the top of that berm.
Js it reflected on this Google Earth.
I am going to pull something up.
If you are saying that common space is 15 feet, I think it’s a little wider.
It might be, it’s a rough estimate.
Ok, what number are you.
At 392
That common space provides that much more distance between your property
and their property.
Pg. 253 October 8, 2024 Zoning Meeting
Yes, but if you look at all the rest of the homes on Millstream Run and the
distance between....even just that first one there, 217 I believe it is, they have that large patio
in the back and they are still 40-50 back to the property line. It is a significant distance so due
to the construction or the outline of the for basically the footprint of the house and that garage
way out in the front, really causes that house to be pushed back quite a distance and that lot is
not actually quite as deep as the other 217 next to it there. The berm kind of runs on an angle
and cutting into that back corner there.
It looks like there is approximately 37, 35 to 37 feet between the two lot lines.
Ok, it was just my estimate.
Approached the board and showed survey map, having discussion.
Ok, thank you.
Again, I would just like to reiterate that I would be totally fine with the original
10 foot. I don’t understand why this modification has to be beyond that so the board should
entertain the original one that was allowed. I would be fine with that. Thank you.
A! LaRue: Actually, the setback that we are requesting is from the step down and not the actual
covered porch which sticks out on a 45 degree angle it looks like and then just bumped out a
little bit. There is a step down, so we took the extreme.
Massimo Pietrantoni at 394 Coastal View: (NEVER SIGNED IN) I agree with Erich. There is
an original proposal which seemed fair, and this one is exceeding with what the original
proposal was, so I am supporting the last speaker, and I am opposed to it.
David Winfield at 384 Coastal View: (NEVER SIGNED IN) I just wanted to reiterate support
for Erich as well. We are against it.
Ok, I am just trying to get the location of the houses and the reason that you are
against it.
David Winfield at 384 Coastal View: I feel like it's to close to the properties that are already
there.
Mr. LaRue, I am scaling the width of that step at 4 feet .
Pardon me?
Alright, I am going to close the public hearing portion.
Pg. 254 October 8, 2024 Zoning Meeting
I scaled the width of that step as far as and it looks like it’s 4 feet wide.
Al] LaRue: I don’t understand.
You indicated that the rear setback was taken from the step.
Yes, that’s right. It’s about 4 feet or 3%. It’s just like a little step down into a
patio like. That’s what that is. So, that is the extreme.
Josh, do we count the setback to the edge of the step or the edge of the building?
It would be the edge of the structure. So, the post holding up the roof. I don’t
think we count the step towards....... (CORRINE SPEAKING OVER)
Count the step
Right. It was a little unclear on the drawing that it was a step, so we used the
dimension that was provided. (HARD TO HEAR, BOARD AND AL LARUE HAVING
CONVERSATION). BOARD AND AL LARUE (not at the mic) CONTINUING
CONVERSATION.
Instead of being 44 feet or 43.8 it is actually 39.8 from the rear line.
Just to be clear, Mr. LaRue, the difference between the original approved and
what is proposed today distance from the rear setback is how many feet?
Um, 9...
That includes the steps?
EVERYONE TALKING AT ONCE. I DON’T UNDERSTAND, IF A QUESTION IS
Ce es
5 feet?
5 feet right.
I am sorry again so that we are clear on the record, the reason for the change,
you said from the 2020 approval for the extra 5 feet is what reason?
To fill in the....to make it architecturally better looking in the rear and also provide
the covered space, screened in covered space.
Pg. 255 October 8, 2024 Zoning Meeting
Right but esthetically the architectural look is open to I guess debate and
opinion but the covered, I am sorry, the porch...the covered terrace that was capable of being
placed in the original approval had it been there.
I don’t know if it was there in 2020 or not, I do not know.
There is nothing about the distance that would have prevented that they wanted
to have it included in 2020 is that right.
That is true.
Have you thought about just keeping the building line.. just extending it from
one end to the other instead of angling it out like it is shown on the plan. Just continuing it
across from comer to corner and you would still have the original setback or at least the
original setback that was approved 4 years ago.
That is a pretty small space 10 feet is fairly small for a significant home.
I know that you are...the folks that you are representing are not here this
evening correct.
That is correct.
The neighbors have proposed a lack of opposition in the event there berm and
the second two speakers supporting the closest neighbor if you will, did not indicate that they
were requiring or recommending the berm as well. I am assuming that they are on board with
the original neighbor that is opposing it.
Yes, he had requested additional screening between the two...
We would be ok with the screening we understand that.
That’s the point where I am driving at. The question is the placement of the
berm is that what the HOA controls the parkland space in between and I am assuming the
proposal (HARD TO HEAR, NOT CLOSE ENOUGH TO THE MIC) is because then you
would have to inquire with the HOA and actually be on your clients property, the berm as
opposed to the space in between 219 and 390 and there would be enough room as best as you
can tell to do that.
Yes, we can do something on that berm. In fact, the HOA was in favor of this as it
stood but certainly installing some landscaping on the property is anticipated in the HOA
approval. So, we are on board with that. We want also to be good neighbors.
Pg. 256 October 8, 2024 Zoning Meeting
And that is what we are all shooting for and maybe I missed it at the beginning.
So, the comments from the HOA represented, you have already obtained there approval or is
that yet to come.
We have, we have a letter as a matter of fact.
And is the HOA requiring the berm.
No, they say prior to installing any landscaping on the property it has to be approved
by the HOA, but they brought up the issue of landscaping, so they are anticipating it though,
I’m sure.
There is currently a berm between the two lots as the land stands right now
without any structure there.
Yes, and we can certainly add some landscaping to that berm.
Because I think the concern from the neighbors is that they don’t want to see it
and they don’t want to hear it. So, if there is screening for both the sound and the visual, I think
that 392 wouid be most impacted; 394 it’s quite a distance between those two corners and there
a bit of public space in between it and 384 is far enough away that I think any planting is going
to shield any view that they would have. There is already some screening back there. So, I
guess my question is, what is the true dimension that we are looking at if we are not
counting. ...so it’s, instead of 43.8 at 38.8 so almost 39 feet.
Assuming he gets approval he still needs the landscaped plan to be approved by
the home owner or association. So, in theory if we were to grant him a variance even with the
conditions to provide additional landscaping anyone opposed to the project or at least trying to
make it better will still have an opportunity to appear in front of their HOA of their concerns
and have them be far more aggressive than I think we can be in providing landscaping.
Exactly. Josh, does this also need to go to the Planning Board?
Single family....CORRINE SPEAKING OVER AND BOTH PARTIES
SPEAKING AT THE SAME TIME.
Correct, it would be an administrative.
Just for the record, what was the initial application variance.
44 feet I think it was.
The original was
44. Pg. 257 October 8, 2024 Zoning Meeting
It covered the edge of the covered area vs minus the steps is about 40 feet. Just a
little over 40 feet from the...
So, there is a 4 foot difference from CHRIS CENTOLA SPEAKING OVER
From what they are requesting this evening.
So, it’s not 10, it’s 4 feet. Does someone want to go through the findings.
RESOLUTION 24-0058 Corrine Volo made a motion TYPE II SEQR
which was seconded by: Donald Hauza
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
Chris Centola
The proposed house will fit in with the basic character of the neighborhood and not resulted in
undesirable change to the essential character of the neighborhood although there may be some
visual impacts to people behind either side of it . It is an empty vacant lot right now so there is
opportunity for redesign for a building that would fit in there, but the applicant has already gone
through the expense of having something designed and receiving variance, so I understand their
desire to use this even though it is it self created. The variance requested is not substantial
especially based on the variances that were approved four years ago for an additional four foot
variance. The application is not have an adverse impacts and like I said, although it is self-created,
I believe it is trying to work within the initial variance granted four years ago.
Ok, I am going to add, and I do have the findings from the original approval. This
application minus the additional extra 4 4% feet was approved on March 10, 2020 and it did note
that there is a forever wild buffer along the rear with a berm so it should shield this from the
properties to the north; there are several other homes in that subdivision with, it looks like
essentially the same foot print so the house is in character with the neighborhood; request is not
substantial it is about 25 percent but given that there is a buffer, it’s not significant; no adverse
physical or environmental impacts; Yes the difficulty is self-created but again the lots are small
and homes in that subdivision are larger so we have trying to minimize and that’s about it from the
previsions meeting.
Pg. 258 October 8, 2024 Zoning Meeting
| just want to clarify that the variances to the main structure or the screened in
covered structure not to the steps and that why the difference from what is advertised to what the
board approved this evening.
And so, the setback instead of being 35 feet with the approximately 39.8. (HAD TO
GO BACK AND DO SEQR)
RESOLUTION 24-0059
Corrine Volo made a motion to APPROVE THE
AREA VARIANCE Located at 219 Mill Stream
Run. Applicant John DeFazio is requesting an
AREA VARIANCE associated with the
construction of a new single-family dwelling with a
rear setback of 39 feet where the minimum required
is 55 feet on a 0.51-acre parcel having SBL#
036.03-1-96 located in an WD Waterfront
Development District under Section 350-11 and
Section 350-25 of the Code of the Town of Webster
which was seconded by: Chris Centola.
CONDITIONS:
The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
39.85 feet rear setback
The screened-in portion of the covered terrace shall not be enclosed.
Must obtain all governmental permits.
1-year meaningful construction.
Significant landscaping along the rear of property shall be installed.
That one-year significant construction shall expire October 8, 2025.
We do have a letter of approval from the HOA for this plan
VOTE:
Mr. Short
Mrs. Volo
Mr. Hauza
Mr. Lagonor
Mr. Centola
Mr. Spampinato
(Chris Centola read the fourth application)
Located at 1093 Sharon Court. Applicant Dale Weiss is
requesting an AREA VARIANCE to allow for construction of a ready-made garage/workshop
with a side yard setback of 5 feet where the minimum required is 15 feet, a difference of 10 feet
ABSENT
AYE
AYE
ABSENT
AYE
AYE
Pg. 259 October 8, 2024 Zoning Meeting
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 and we would like to put a small garage/workshop
off our side driveway and requesting the variance for 5 feet from the property line along the
northern hedgerow of our property. The structure will be mostly for some power tools and
summer and winter storage.
When I visited the site, this afternoon, noticing the knickknacks in this
gentlemen’s garage and I am not mocking you or anything but that’s what I found, and he
really needs something to clear out his garage LAUGHTER.
I did note the staked position when I visited the property which was helpful,
thank you. My initial thought, was that it would make more sense to put it on the other side of
the property on the south side but then realized upon my property visit that there is already a
garage addition in there so, never mind. So, that location is probably the most shielded. I was
just concerned with the 5 feet being so close to the side just being able to maintain between the
shrubbery and the building but...
There is a hedgerow there of tall arborvitae in the back of what he is proposing
so both will be shielded from his next door neighbor. My other concern would be, what is the
coverage on this lot, Josh. Because it looks like. ... well, it?s a ranch but it tooks like it’s really
sprawled out so I would be concerned that it may need a variance for coverage.
Yes, unfortunately we were not able to come up with the exact coverage because
the survey map does not necessarily reflect some of the most recent additions to the house.
Well, there is the garage that has been added.
Yes, so originally, we added the garage and converted the old garage as a mud
room so that is the only thing that was added to that house since we owned it was the new
garage.
The deck and the pool, on the north side. (MRS. WEISS SPEAKING AT THE
SAME TIME) and that was to the south side.
And we do have signed letters from our neighbors, all of our neighbors in the
circle. We emailed them to Josh.
My idea putting it close to the property line on the side is to keep it out of the
middle of the yard basically on that north edge because if it was 15 feet from the setback it
would be out in the middle of the yard, and I think it wouldn’t look very good.
Pg. 260 October 8, 2024 Zoning Meeting
You do back up to the high school, correct?
We do and on the other side of the tree line, is actually the bleachers and the
bathrooms that they built for the field. So, our back yard is just the football field.
This is a public meeting so I will open it up for anyone wishing to speak for or
against this application. Seeing no one, I will return the discussion back to the board.
I don’t’ like establishing a precedent of 5 feet. I feel more comfortable with 7
or
8. Corrine Volo: With the hedgerow there, it helps but it will be right up against that hedgerow.
There won’t be any wiggle room between the building.
So, I believe on the application that Dale filled out, it is just the corner would be 5
feet and the back would be more like 7 because of the way the property line. The front is 7 and
the back is
5. Dale Weiss: If you look at the picture of the map because I referenced it off the corner, the
north driveway which is according to the survey map is 7 feet from the property line, so I just
moved it back to the required, I believe it’s 50 feet from the front and positioned the stakes
basically in that area. So, the idea is to leave the hedgerow in tack and not infer with the
hedgerow at all.
What if you ran that parallel with that property line of 7 feet.
So, then it wouldn’t be angled at ...it wouldn’t go with the property line. Which 1
think is not aesthetically pleasing look.
Yes, the idea of pushing it back is to hide it more than anything to get it to the
edge of the property.
We will take whatever recommendations from the board that you make or offer
but aesthetically it would look more pleasing if it actually followed the property line.
That is what we are asking for.
Well, you said 7 feet in the back as well.
So that it is parallel to the property line. The front comer would be 7 feet
(EVERYONE SPEAKING AT THE SAME TIME), and the rear corner would be 7 feet.
It will push the back out just a couple feet but......
Pg. 261 October 8, 2024 Zoning Meeting
I just want it to be angled in the same direction of the property line.
(EVERYONE SPEAKING AT THE SAME TIME)
The side driveway doesn’t follow the property line as you can see it’s angled but
When you are in the space you won’t notice a difference. You can see it on
paper but when you are in the space you won’t even notice it.
It will provide you with the extra footage for maintenance between the
structure and the property line.
| understand it can’t be pushed back any further because of the location of the
pool....
It would be closer than I would like to the pool it would kind of eliminate that area
walk through that we have but I also, since it is going to look like a garage and going to have a
garage door on the front, I really wanted it to be at the end of the driveway.
Yes, the driveway is within 50 feet of the setback from the front (DALE AND
MRS. WEISS SPEAKING AT THE SAME TIME)
Do we need an extra variance because it is not behind the rear line of the house.
Isn’t that what you asked us to pay for Josh, already?
Yes
We already did that for extra variance.
That is correct. Unfortunately, that component is not advertised. Does the board
have a copy of the letter of support and the visual representation of the proposed garage. Just to
get that on the record,
We have photos of yard and location.
Approached the board with information. Materials that will match the house and
signatures from all their neighbors right in their circle. ] scanned and sent to Josh.
Ok, so we do have all the people in the cul de sac and that end of Sharon Court
have signed a letter with the picture of the proposed shed that they do not have any problem
with it. INFORMATION SENT AROUND TO EACH BOARD MEMBER TO VIEW) SEE
ATTACHED.
Pg. 262 October 8, 2024 Zoning Meeting
You are calling it a garage workshop are you going to run electric out to it.
Eventually I would like to because I am going to put my power tools in there, but I
have not put any projected research on it.
But it won’t be used for living space.
No.
| think that we should condition as not to be used as living space and not to be
used for commercial purposes just the gentleman’s hobby of woodworking and what not.
Now we can act on the setback, but do we need to table it to the next meeting.
Unfortunately, yes.
The code ...the way the code is written the front of the accessory structure has to
be behind the rear most line of the house which in this case it wouldn’t even fit because it does
not meet the rear setback anyway but that was not part of the notice in the public notice in the
Herald, so we unfortunately do have to table this to the next meeting to get that noticed so we
are not changing the location. We do have to publish that it doesn’t meet that qualification.
Can you just explain it a little bit more to me. So, we were told it had to be 50 feet
from the back and 50 from the front but it has to be behind your house.
It has to be 50 feet from the rear lot line and behind of the front of the building,
it has to be behind the rear most line of the primary structure or the home which in your lot
would not fit because your lot is pie shaped and kind of short but unfortunately....I don’t think
the board has a problem with the location, but we just can’t approve the location because of the
notice to the paper. So, are you ok with tabling this until the November meeting.
Mrs, Weiss: Yes, we were hoping to get it in before winter, but it is what it is.
You have already paid for the variance, and I do apologize. It was an over sight
on my part.
So....(MRS. WEISS EXPLAINED THAT THERE HAD TO BE A NOTICE IN
THE PAPER) so we will be back then.
RESOLUTION 24-0060 Donald Hauza made a motion to TABLE
APPLICATION TO NOVEMBER 19, 2024
Corrine Volo.
VOTE:
Pg. 263 October 8, 2024 Zoning Meeting
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
(Chris Centola read the fifth application)
Located at 1146 Brooktree Lane. Applicant Todd
M. Elsbree is requesting AREA VARIANCES to allow for construction of a new 8” x 9° gabled
covered front porch with a front setback of 42 feet where the minimum required is 50 feet, a
difference of 7 feet on a 0.40-acre parcel having SBL# 065.05-1-96 located in an R-1 Single
Family Residential District under Section 350-10 of the Code of the Town of Webster.
Appearing before the board was Todd Elsbree. It’s a simple and humble 8 x 9 covered from
porch just to protect from the elements as I am getting older. I just want a little protection from
the weather and some place to sit and look over the neighborhood and hopefully beautify the
neighborhood. A couple of posts that sit just passed the current side walk to be dug into he
ground below the frost line according to what the construction manager said and that is really
about it. Pretty simple.
How far will that extend beyond your front stoop?
That will go as far as the front stoop there is a sidewalk in front of the front
stoop and it’s going to go just past the sidewalk, matter of inches.
Just enough to get that post in.
Just over 9 feet.
I think it’s about 8 % feet from edge of the door to the post.
This is a public hearing. If anyone would like to speak for of against this
application. Seeing no one I will return the discission back to the board. It is straightforward
and the only location that makes sense for this house is at the front door in the front of the
house. It will dress up the front of the house. A lot of the houses along this subdivision that
have had additions over the years so it will fit right in with the rest of the neighborhood and it’s
only going to be 8 feet wide and 9 feet deep so that is not at all excessive. Um...no plans to
enclose it.
No, no plans to enclose it at all.
Pg. 264 October 8, 2024 Zoning Meeting
[
RESOLUTION 24-0062 Corrine Volo made a motion for a TYPE IH SEQR
which was seconded by: Donald Hauza.
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
Corrine Volo
1. Opel Fao ad
This request is not out of character in the neighborhood: Driving around that subdivision,
a lot of porches have been added and features. When they were built, they were all rather
flat and now they are all getting just a little bit of embellishment/style to the front. The
house has a southern exposer so the sun comes right in and probably bakes right in to your
front door so that is going to cover the front door from the sun and it’s also going to cover
it from the elements, the rain, snow and it is only coming out 9 feet so it certainly not
excessive.
There will not be a detriment created to nearby properties:
The benefit is not achievable by any other method: None
No, it’s not based on the dimensions.
There are no adverse physical or environmental impacts to the site or neighborhood: None
I guess I will call it self- created, but the house was built
without a front porch and just had a stoop. It is definitely going to be an attractive change
and there is no one in the neighborhood speaking against this so really the neighbor to the
west isn’t going to see it with the hedgerow that is there, and it will be attractive for the
neighbor to the north or the neighbor across the street.
This is not an undesirable change:
This request is not significant:
RESOLUTION 24-0063 Corrine Volo made a motion tt APPROVE THE
AREA VARIANCE Located at 1146 Brooktree
Lane. Applicant Todd M. Eisbree is requesting
AREA VARIANCES to allow for construction of a
new 8’ x 9” gabled covered front porch with a front
setback of 42 feet where the minimum required is
50 feet, a difference of 7 feet on a 0.40-acre parcel
having SBL# 065.05-1-96 located in an R-1 Single
Family Residential District under Section 350-10 of
the Code of the Town of Webster which was
seconded by: Chris Centola.
Pg. 265 October 8, 2024 Zoning Meeting
fs
CONDITIONS:
e The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
That one-year significant construction shall expire October 8, 2025.
Porch will not be enclosed and will not be used for living space or commercial use.
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
(Chris Centola read the fifth application)
Located at 671 Willow Lane. Applicant Bryan
Bischoping is requesting AREA VARIANCES to allow for construction of a new 13’ x 22°
gabled covered front porch with a front setback of 27 feet where the minimum required is 40
feet, a difference of 13 feet on a 0.46-acre parcel having SBL# 065.13-2-11 located in an R-3
Single Family Residential District under Section 350-10 of the Code of the Town of Webster.
Appearing before the board was Adam Cummings representing or helping my friend Bryan
represent this one along with Bryan Bischoping at 671 Willow Lane. I do have to clarify on the
letter of intent that we did provide as part of the application we were under the impression that
we were under different zoning so thank you to Josh and the Building Department for
correcting that and making sure it’s accurate on the agenda and public notice. So, I just wanted
to point that out. We wrote it wrong in the letter of intent, but he did it correctly. I just want to
compliment him and commend him for catching that.
So, for this one, what we are looking for is the front porch. Right now, there is an existing
front stoop and very similar to the one previously, but Bryans house is a little bit different than
that one. So that is the front stoop and there should be another rendering on it but what he is
looking to do is cover...and this all came about from not only the previous one that keeps
getting tabled each month, but he has a neighbor, a couple of neighbors that come and hang
out. Like you said, it’s nice to hang out and have lunch like you said at the last application and
nice to get front porches back onto houses so that neighbors want to talk to each other instead
of going to the back of their houses in their private living room spaces.
So, if you can zoom in and J am not sure that you can Josh but that is what we are looking to
do. That is an exact replica of the front porch. The angles of the roof match what are above his
windows here in terms of angles but that is an exact measurement from the house across the
street on the east side of the road so. That is actually the same dimension as that one in terms
of this elevation there. It is deeper because of the way his house is with the over hang and to
Pg. 266 October 8, 2024 Zoning Meeting
cover the front stoop that is why it is 13 feet closer. His house is currently at is 40.8 on the
garage or on the house side and then on the garage side it is 40.4 because you have to take into
account the overhang so he always. ..any structure for a porch to go on to a front would have to
go closer to the road and require a variance. So, in this case, the reason why the 13 feet is
brought in is because of that stoop that is there, and he does want to extend it a little further
because of the swing of the door and having a step that is big enough is problematic as you are
trying to do both. He is trying to remedy a couple of things. We don’t feel that it is substantial
in nature. It is a corner lot; it does allow it to be 10 feet closer and but what we are looking for
to also compliment hopefully the accessory structure if he ever does succeed in getting that, but
it does give a covered entry way that he doesn’t currently have; it does architecturally match
the neighborhood and with it being the corner lot, it does not obstruct any views for any traffic
or pedestrians or anything else that would be going in there. So, while it is 13 feet closer I don’t
feet that it is substantial or a high enough magnitude to be detrimental to his application
success.
How wide is the front door,
I believe it is a standard 36 width and 7 foot tall.
So, the swing of the door will be 36 inches.
And not that I am speaking for him, having a wider stoop architecturally is
nice if you ever want to put a double door and this type of house does lend itself to having
doubie doors or 7 foot wide houses because staircases are immediately in, so some people do
modify those. Once again, this sticks with the land not just Bryan Bishoping owning this, but it
would lend himself or a future owner wanted to add in a second door that stoop would
accommodate that. With the symmetry of the house and you can see it right there with the 4
windows. You have the two double on the sides and the two in the middle and if you just put it
above the one single door it doesn’t symmetrically look as appealing.
No, the location makes perfect sense. It’s because it’s symmetrical between the
upstairs windows.
And it’s directly in between the two double hung windows on the lower
side and yes, it does allow itself to move the lamps if you needed to, but he also has the foot
and half over hang that he has to contend with, with the house architecture and that is
incorporated into the 13 feet. Once again, the 13 feet is the total overhang. The actual post of
the structure is in, but he has a one foot overhang from the post.
So is it 13 feet from the face of the house
Peete tee wees
13 feet from the face of the porch to the front setback... .SOITY, We are
looking for the 13 foot reduction from this porch so...
Pg. 267 October 8, 2024 Zoning Meeting
From the front of the porch not from the overhang...
Yes, I misunderstood that one. So, we are looking for a front setback of 27
feet and I was getting confused with the numbers. He is supposed to have 40 feet, and he is
asking for 13 feet relief so he will be 27 feet from the right of way line to the front face of this
porch...so from the front face of the porch back to the front of the building is 13 feet.
You are calling it a porch are you going to put any type of railing around the
exterior of it or just going to be covered.
It will just be like the last application; it will just be a gabled roof with no
sides and because it’s only one step it doesn’t really need a railing on it.
Are you going to pave underneath it to facilitate sitting.
It’s going to be the concrete stoop and once again, it’s a one step stoop onto
a sidewalk, that’s existing . It’s depicted right there, the concrete stoop.
What is outside that concrete stoop that is being covered. Lawn?
Yes
CHRIS CENTOLA AND DONALD HAUZA SPEAKING AT THE SAME TIME.
Planning on putting any decking there.
The concrete step is getting enlarged.
Ok.
Sorry, I misunderstood the question. (HAVING A CONVERSATION
WITH BRYAN BISCHOPING)
So, you have a step up approximately 5 feet from the existing stoop line now.
Going from the driveway
I believe it is 5 feet from the edge of the house over to the sidewalk so your
adding 8 feet.
Why does it need to be 13 feet deep.
Functionality. If you put a table and chairs there for 3-4 people to sit at it
gets eaten up very quickly.
Pg. 268 October 8, 2024 Zoning Meeting
The size to me seems large. I ran around with the tape measurement measuring
my porch; my sons porch; and the next door neighbors porch mine is very similar with the
offset door and a little bit wider porch um, and it’s just over 7 feet and I have ample room for a
couple of chairs; a table, um, the door to swing and not be in the way of anybody um, so I
extended it to 10 feet and made it 10 feet and with 10 feet it seemed significantly large and
given how close your house is to the road already my concern is the depth of it...it just seems
deep.
So, if you are at 10 feet and I am only doing 12 feet of concrete. So, the
overhang is 13 so the roof line is 13, there is a 1 foot overhand. So, the concrete is 12 feet off of
the house, 20 feet wide.
Where are the posts going to be. Furthest most point out closest to the street.
BOTH PARTIES SPEAKING AT THE SAME TIME.
13 feet....going to be touching the concrete.
So, posts are not going to touch the concrete
They are going to be on the concrete, but they are going to be in right on the
comer and then the sofit goes one foot over the overhang. One foot beyond the post and
concrete. That is why we are here for 13 instead of
12. Bryan Bishoping: The concrete itself is 12 x 20
Alright, this does not give me that.
So that is an elevation view of the entire roof structure not the concrete that
would be below the roof.
I believe I only need a variance for the structure and not the concrete.
So, if we were going to depict the concrete, we would have a dash line
underneath it and it would be inside of that rectangle by a foot on each side. So, this is strictly
the roof . So, are you saying that your visioning more just covering the sidewalk.
No, I am envisioning the roof covering the entire porch which is what I have but
mine is a little over 7 feet and I brought it out another 3 feet and it seemed, 10 feet seemed like
a significant porch as far as depth which would then allow the setback to be 30 feet from the
road which makes it just a little less impactful, but I am just one voice.
I would agree with you Corrine. I am looking at the sketch the survey and they
have 13 feet from the overhang so that gives them a 14 foot deck if I could use that word or
Pg. 269 October 8, 2024 Zoning Meeting
patio underneath the coverage porch.
The intent is to go from the face of the building not from the overhang on
the second floor.
I understand. So that would be 14 feet.
The overhang is not called out on this.
I understand.
So, 13 feet from the building and 12 feet from the existing overhang.
But as those numbers are shown up there 40.8 is to the structure and then
you have 13 feet from the structure over which is why
eee eee eee
40.8 is.......... (BOTH PARTIES CONTINUE TO SPEAK AT THE SAME
TIME)
We are at 27 feet instead of 27.8.
The 40.8 is measured to the foundation, not the overhang.
Correct, yes.
Ok, so if I am looking at what you are proposing as far as the patio, you are
proposing a 14 foot wide patio having 22 feet in length.
No, the roof is 13 x 22
So, this dimension should be from the building not
We are talking apples and pears, but I know where you are coming from now,
thank you.
Alright, this is a public meeting I will open it to anyone wishing to speak for or
against this application.
Jann Armantrout at 670 Willow Lane: Bryan faces my property directly as we talked before
about the out building that he wants to build. I was pretty shocked by this proposal for the
porch when I first learned that given its looking for a 286 square foot porch. That is kind of a
huge porch because it stretches not only into the variance request to the road, but 22 feet is
that, across the front of the building. If you look at the drawing and you look at the numbers
Pg. 270 October 8, 2024 Zoning Meeting
there and you look at the picture with the lines drawn in, they don’t seem compatible and I
would really like to know if those are...the picture Josh, do you have that. See that, it doesn’t
look like what we are talking about in the drawing . It looks like on the drawing; it goes almost
to that next window, and I am not sure about the peak really doing anything. The letter of
intent that came with the application was confusing; it brought information like this is going to
be compatible with the soon to be approved storage unit or whatever it is that Bryan is seeking
to build. That puts him 25% of what is required for setback closer to my house which I already
look at his house that has the trailers and the boats and the request for the shed or whatever it
is called. It strikes me as being manipulative to talk about, well this will be compatible with the
shed/the outbuilding. Because if we put that black industrial siding up there then the case
could be made that (BOARD MEMBERS SPEAKING AT THE SAME TIME) and now we can
put the black industrial siding horizontally on the out building. Bryan, as we speak right now,
has a boat, a recreation car, the airstream trailer and the snow mobile trailer all in the places
on his property and three of which are right in my face. So, if this goes through, now he will be
closer to my property. That is a pretty big porch. I have concerns about the business nature
and the use of that house and property as a business. As late as yesterday, there was a
laborers car or truck in the driveway where they meet to go on business. There have been
ladders all over the place all summer in terms of the yard. When you start to get to 22 feet,
really? That fits a lot of things besides people. The house is not......the upkeep is terrible.
Should that hedgerow be every tended for and be moved back as it probably should be, in terms
of traffic visibility than again there is this big jetting out porch with the cars and the trailer and
another trailer and possibly this building and this huge porch coming out now in front.
Please stay at the microphone because we can’t pick you up for the record,
please.
So, | want you to realize what we are talking about here. We are talking
about a horizontal line of various objects will call it and now he wants to encroach upon the
stated setback with this huge porch. I object to this type of thing. I also find it controversial
that, I realize that perhaps it was posted as it should be in the Herald but the sign that this
property is under review has been up continuously so the neighbors, unless Bryan told them,
you know, someone walking by that is going to be reviewing this porch proposal, they don't
think that anything else is going on. They think that sign just pertains to the out building. It
really concerns me that letter of intent that will put this on and it will coordinate with the out
building.
Mrs. Armantrout: Did you receive the postcard that would have come out for this
application?
Yes, but the post card doesn't say what is being reviewed. It only says the
property is under-review.
That information would be on the town website also.
Pg. 271 October 8, 2024 Zoning Meeting
There is an active review going on already so if you go that, you'd say, oh
yeah, that’s right. The neighbors are objecting to that thing, you wouldn't realize it was under
review.
All I can say is the neighbors were appropriately notified and then what I would
do is go look at the town website and see if there is any new information.
Again, I understand fully what you are saying but ....
We do understand your concerns but right now we are not discussing the
outbuilding we are discussing the porch.
But the outbuilding is in the application.
It is a separate application.
We are separating it, and we are looking at just the porch not considering the out
building.
In that case, we are not talking here about we need an extra foot, we are
talking about 25% of the required setback being modified to accommodate this big porch, 286
square feet of porch on an already crowded property and other concerns things that will be
appropriately put in the garage. Bryans stores a big, huge machine in that which I am sure is
related to business, somebodies private business. But when the ladders were outside and the
snow mobile trailer which is sometimes used as a work trailer and now, we are going to have
this porch.
We can certainly condition any approval on the porch that material will not be
stored on the porch other than tables and chairs and the appropriate porch type décor.
Iam concerned about again, I guess I am just baffled that you would suggest
building something that requires a variance as we go through this other process for such a
huge thing. You could have a ten foot. Bryan, why don’t you stay in the variance.
Are your comments complete? I will answer your question. The setback is 40
feet, and the house is at 40 feet and 8 inches. So, anything beyond 8 inches that is done to this
home requires a variance. Because all of the houses along that street are put right on that
setback line.
But not necessarily 25% of that setback because that is what we are talking
about.
Pg. 272 October 8, 2024 Zoning Meeting
It is whatever the board grants if the board determines to grant it. We do take
that into consideration.
I will conclude my comments with that I would appreciate very much if this
application was tabled until there was resolution on the out building because I think that would
give me and the neighbors a much clearer picture of what this property is going to look like in
our neighborhood, and I realize you guys have put in a ton of time on these projects and I
thank your expertise and for your concern.
Fortunately, I don’t think we could tie the two projects together. This is a
separate application.
I am not so sure about that. I was just trying to do a little research on it. If the
board feels like, when you look at the character of the neighborhood and you look at all the
criteria, globally you want to see the entire picture. If the board wanted to vote to consolidate
that I don’t think there would be anything wrong with that. Otherwise, in a sense, you are
sticking your head in the sand. I am not saying that there is a relationship that impacts character
but there could be.
I would like to interject. We are trying to compliment the two.
Don’t interject us yet. So, I am just responding Don to your comment, J don’t
think there is anything that prohibits you from consolidating and that doesn’t mean if they are
both considered the same time you couldn’t approve one and not the other but in affect, I
think......
Well, I made the distinction that front porches are found around town all the
time and I think this board has taken special consideration into the accessory building
application above and beyond the call of duty but my opinion, 1 would separate the two.
Well, you could separate the two of them in the same application to I am just
saying, I think the board would be fooling themselves to pretend that the other item is not there.
We know it’s there. We are talking about it. LAUGHTER.
I think it’s the applicant that has made it more difficult in that references the
other one as part of the application for this. Like it’s going to match the other structure that
they are trying to get approved. He is the one tying it together, not us. I agree with you, he
opened the door and tied it together because he references it.
| don’t see....I don’t personally see them being tied together . The porch is a
roof, pillars and concrete slab and doesn’t bare impact to esthetics of any possible accessory
structure and if anything, it would give some character to the front of the house and maybe
Pg. 273 October 8, 2024 Zoning Meeting
dress it up a little bit. I know when I had visited that property the applicant had discussed
slowly making improvements, residing the house as time goes on and maybe the porch is the
first step to do that, J don’t know.
Just so the record is clear ...Josh, the neighbor that is in opposition with respect
to the manner in which the home is being maintained in spite of the fact that all of the
collection of vehicles and what may not be dully pleasing her is there any code violation on
existence given what the neighbor described.
Yes, I believe there is an open code violation, and I think there is one too many
recreational vehicles or trailers being stored on the property. There are some that are in code
compliant with location, but I believe there are a couple open issues which is what prompted
the applicant to come forward with the accessory building application. We have not taken any
further code enforcement actions recognizing that he has been in the process trying to apply for
this to help alleviate and negate some of the existing violations.
And so out of compliance in terms of simply recognized by the town where
there is a matter pending in terms of the actual file violation.
I can not recall off the top of my head. It started back in January or February of
this year. Do you want to speak to it.
(NOT CLOSE ENOUGH TO MIC, HARD TO HEAR) So, there is currently
no issue. We talked and the location of the snow mobile trailer is the issue, and it is currently in
my driveway. So, currently there is no issue. But when it was parked next to the driveway it
was an issue.
And I’m sorry, that is respect to the boat trailer.
Snow mobile trailer.
And how does the accessory structure alleviate that issue.
That was the one code issue.
So, if it’s in the driveway it’s a non-issue.
Correct.
ee ey
Audience member speaking out
Pg. 274 October 8, 2024 Zoning Meeting
Our public hearing is now closed. We are aware of all the different pieces of
stuff in the yard. A car, boat, RV, the snow mobile trailer and I think that is it and the dog
house.
I agree with you that 13 feet is too excessive as far as the width 10 foot front
porch would more than accommodate the front porch, so I think this one also.
I also and based on this one alone, it would still be nice to have since it is just a
large structure not some 8 x 9 overhang with two additional posts. This is far more of a
significant structure and as the structure becomes more complex, I think I would like to see
more detail .
I noticed that there are only two posts expanding 22 feet.
Right, that is what I am saying. I would assume you would have to have an
architect or engineer stamp those drawings and get a building permit because that is a long span
for that plus a lot of it is, I won’t say misleading but difficult to understand as far as what is
going on underneath it. It required the applicant to ask him a question twice before he actually
answered about whether or not It’s going to be paved underneath there a simple dash line with
arrows pointing to whether it’s the overhang or the building, so it clearly shows dimensions,
you know, between what and if your structure is going to be 13 feet what is the width of the
concrete underneath as well . I think it would be nice to have additional information to help me
make a better decision on that.
Are you comfortable with the dimensions being requested.
I personally think it’s a little large, but I am not going to tell someone to have a
picnic or enjoy a beer with their neighbors afterwork. Size wise doesn’t bother me as much as
the span and the setback if he was still 40-50 from the street it wouldn’t bother me as much but
the fact that he is encroaching more into the setback is the part that bothers me about that 13
foot depth.
That is what I meant by size.
I agree with you. For me it’s not the size it’s the fact that it’s eating up....
If he narrowed it up it would be that much greater of a setback.
| agree, it would be a lot more palatable for me but like I said...just because we
think it’s too large maybe that is the size they need. I question whether or not based on the front
setback whether or not it should be that large.
My porch goes the whole length of the front of our house so I
ee oe ey
Pg. 275 October 8, 2024 Zoning Meeting
Front porches are great.
Um, because unfortunately you are on a corner lot and only 40 feet from the
road, I would be more comfortable with a 30 foot setback than a 27 foot setback. It’s the joy of
the corner lot.
Part of what is driving it, he said a table and umbrella with 4 chairs. It’s
because he does have neighbors contrary to the one who keeps speaking at these. He does have
neighbors come over and hang out with him and he does have dogs, and they like to congregate
at the front part so that is driving it with the size of the portion. Would you be able to reduce it
down to ...... and J agree, your job is to find the minimum variance possible so...reducing it
down to 10 feet instead of the 13 foot dimension would reduce down the variance request to 30
feet from the front setback so therefore you would only be looking at a deviation of going from
40 feet to 30 feet. So, we would like to revise the application to be that and once again, that is
for a gabled roof porch and the construction being similar to it. In terms of the engineering
part, we do acknowledge that that would go through the building permit, that process. So that
could be a condition that a building permit would be needed for this one and any requirements
he has.
Mr. Centola, are you still requesting additional information as far as the
architectural.
No, I think as along as somewhere along the line that 22 foot span for a clear
span is large.
It is very large.
So, I am just assuming that his zeal to get something submitted he put a minimal
afford into projecting what he wants to show us. I am not saying its architectural or engineering
stamped drawing but assuming that he will need one to get a building permit, I’m good with it.
Yes, the Building Department will have to issue the permit and will have to
approve what is submitted to them.
Once again, the key is having that setback.
Having a front setback of 30 feet.
Pg. 276 October 8, 2024 Zoning Meeting
RESOLUTION 24-0064 Corrine Volo made a motion for TYPE II SEQR
which was seconded by: Chris Centola.
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
I don’t think it affects the essential character of the neighborhood as Don
mentioned, front porches are common although his one might be a little larger than most it’s still
doesn’t upset the character of the neighborhood. I believe there is other remedies but the fact that
he has already agreed to reduce it down to 10 feet instead of 13 feet it was achieved by other
methods. He lowered the amount of the variance that was requested while it is still large, I don’t
think it is really significant.
No matter what he does because (BOTH PARTIES SPEAKING AT THE SAME
TIME) .............008 the setback he would need a variance.
And there is no adverse impact on the physical or environmental conditions of the
lot or the neighborhood and being on a corner lot what you purchase or build there you are kind
of tied in there so while it is self-created, there is very little remedy except to get a variance to do
anything to improve your home.
And the house was placed there, and the applicant purchased the house from
someone else so it’s not like he placed the house right at the front.
RESOLUTION 24-0065 Donald Hauza made a motion to APPROVE THE
AREA VARIANCE Located at 671 Willow Lane.
Applicant Bryan Bischoping is requesting AREA
VARIANCES to allow for construction of a new
10° x 22’ gabled covered front porch with a front
setback of 30 feet where the minimum required is
40 feet, a difference of 10 feet on a 0.46-acre parcel
having SBL# 065.13-2-11 located in an R-3 Single
Family Residential District under Section 350-10 of
the Code of the Town of Webster which was
seconded by: Corrine Volo.
Pg. 277 October 8, 2024 Zoning Meeting
[
CONDITIONS:
¢ The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
¢ That one-year significant construction shall expire October 8, 2025.
¢ No outside storage other than typical porch things will be on the porch. This is not
going to become a pile of eye sore and that the 10 feet is from the face of the building
not from the face of the overhang; it can not be enclosed.
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
(Chris Centola read the fifth application)
Located at 751 Maple Drive. Applicant Raymond
Schlegel is requesting AREA VARIANCES to allow for the construction of a new 24° x 28”
garage with a front setback of 30 feet where the minimum required is 60 feet and for the
placement of the proposed garage being closer to the front property line than the rear line on a
0.52 acre parcel having SBL# 063.19-1-9.1 located in an R-3 Single Family Residential District
under Section 350-12 and 350-36 of the Code of the Town of Webster.
Appearing before the board was Raymond Schlegel. I am doing a 12 x 28 pole garage at 751
Maple Drive.
Mr. Schlegel, you said 12 x 20...wait a second, my screen switched.
Is you dimension 12 x 28 or 24 x
28. Raymond Schlegel: 24 x 28 sorry.
And it will be located.
To the north side of the house.
On that arched driveway.
Yes, right behind the driveway.
Can you push the garage back a little further to the west, toward your rear yard.
Pg. 278 October 8, 2024 Zoning Meeting
To the west.
To the back of your home that is what he is saying.
Yes
Is this garage going to be used to store your vehicles.
Yes
So, it needs to be tied to the driveway roughly.
I’d think he’d want it further back just to gain entry to get in to the garage. With
the geometrics of the driveway with the current curve it is going to be tough to turn into it if it
is adjacent.........
You can make asphalt do anything. Myself, I think it would look a little nicer if
it was pushed back
I think it would like nicer but more importantly I think it would make it easier to
get in and out.
Even if he lined up the rear of the proposed garage with the house and I see he
has a catch basin back there and you don’t want to encroach on that because the ground does
collect a lot of water in his back yard.
And that is partially a concern. Is this....are you on septic at this location or on
sewer.
Sewer
So, I don’t have to worry about leech lines. Is it possible to take the back line of
garage and move it closer to be in line in with the back line of the house.
Yes
Which would then give you a little more apron to pull in and out of it as well.
Right, yes.
Make the front setback 38
Pg. 279 October 8, 2024 Zoning Meeting
Or if you just want to tell him back of the garage to line up with the rear of the
house.
Ok, we don’t need to set a distance.
It will be 30 feet from that.
This is a public meeting; I will open it up for anyone wishing to speak for or
against this application. Seeing no one, I will retum it back to the board. What the board is
discussing is moving the garage further to the west by 8 feet so that the back of the garage lines
up with the rear wall of your house.
I don’t know if I can move it back that far because of the slope. I would
like to keep the garage close to the driveway if I could, the front of it.
Doesn’t that slope run towards that catch basin.
Yes
But there isn’t a lot slop there, is there? Not that much.
There is probably a 3 foot drop down to that catch basin.
I notice the slope I didn’t.........
(PICTURE OF MR. SCHLEGEL’S YARD SHOWING ON THE SCREEN)
Because the front of the slope...the one in the back with the three trees looks far
more significant than the one from the driveway to the catch basin.
BOARD HAVING DISCUSSIONS REGARDING THE SLOPE/DROP/CATCH BASIN)
Maybe push it back at least 5 feet. Do you think you could push it back 5?
From the driveway?
From the driveway and push it back 5 feet which then gives you some apron as
well.
I would have to look at that. I could probably push it back
4. Corrine Volo: It is still further back than the house and if it were attached to the house it
wouldn’t matter,
Pg. 280 October 8, 2024 Zoning Meeting
The house is already close to the right of way line. What we are talking about,
we are just trying to make it esthetically and honestly give him better access if
Well, the house is preexisting. (BOTH PARTIES SPEAKING AT THE SAME
TIME) grant the variance to the garage. It could be there forever.
I understand but I am a little disappointed that I didn’t notice the slope to be
honest with you. I generally try and pick up on those things but if he says 4,
I would be ok with
4. It still pushes it back a little bit
35 feet, instead of .65 give 35 feet and call it a day.
There is no way to make it comply with code putting it behind the house and
have it serve the purpose it needs to which is basically a garage and the location of the front
door or of the house you are not going to want to walk to the back of the house....
[ am looking at the picture on the screen right now, you don’t see that dip in
that property. I did not see that dip.
It would be easier after rain. I could see not wanting to move it too far from the
front of the house as well just based on...so, what the board is talking about, instead of being
30.65 feet to the garage make it an even 35 so it’s moving about 4 1/3" feet so it’s back a little
bit, it’s a little closer to compliance .
Ok, so move it back 4 feet. Ok. I can do that.
Alright, any other comments from the board.
RESOLUTION 24-0066 Corrine Volo made a motion for TYPE II SEQR
which was seconded by: Chris Centola.
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
Pg. 281 October 8, 2024 Zoning Meeting
Corrine Volo
1. This request is not out of character in the neighborhood: It is not. This house in the
neighboring house are both very close to the road so the garage is going to be further from
the road then either of the houses and a lot of house up and down Maple Drive have added
accessory structures or detached garages as some point and time.
2. There will not be a detriment created to nearby properties: It will not, there is a hedgerow
to the north that shields it and there is a house between this and the neighbor to the south.
No complaints from the neighbors.
3. The benefit is not achievable by any other method: There is no good way to make it comply
completely with the code so this is a compromise balancing all of the factors.
4. This request is not substantial: It is less substantial. It is certainly further from the road than
the front of the house is.
5. There are no adverse physical or environmental impacts to the site or neighborhood: No
and in fact we are trying to make sure they stay out of the catch basin with the building, so
it was not going to impact storm water retention and flow.
6. The difficulty is not self-created: This house was built a long time ago, so the difficulty has
been there as long as the house has been there.
7. This is not an undesirable change:
8. This request is not significant:
RESOLUTION 24-0067 Corrine Volo made a motion to APPROVE THE
AREA VARIANCE Located at 751 Maple
Drive. Applicant Raymond Schlegel is requesting
AREA VARIANCES to allow for the
construction of a new 24’ x 28’ garage with a
front setback of 35 feet where the minimum
required is 60 feet and for the placement of the
proposed garage being closer to the front property
line than the rear line of the existing home on a
0.52 acre parcel having SBL# 063.19-1-9.1
located in an R-3 Single Family Residential
District under Section 350-12 and 350-36 of the
Code of the Town of Webster which was
seconded by: Chris Centola.
CONDITIONS:
The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
That one-year significant construction shall expire October 8, 2025.
VOTE:
Mr. Short ABSENT
Mrs. Volo AYE
Pg. 282 October 8, 2024 Zoning Meeting
Mr. Hauza AYE
Mr. Lagonor ABSENT
Mr. Centola AYE
Mr. Spampinato AYE
Ray before you go, this needs Planning Board approval as well because of the size.
Ok, when is that going to happen.
You are welcome to submit the application any time before October 29".
ADMINISTRATIVE ITEM:
e Approved minutes for August 13, 2024. (Volo/Centola)
* Since there is no further applications before the Board Michael Short adjourned tonight’s
meeting at 9:15 p.m.
Ne Ne
Corrine Volo, Secretary
Katherine Kolich, Recording Secretary
NOV 20°24 PH? 17
FILED WEBSTER THN CLK
Pg. 283 October 8, 2024 Zoning Meeting