Zoning Board Meeting
Zoning Minutes 2024.10.08

Minutes

October 8, 2024 · 91 min read · extracted text · View original

WEBSTER ZONING BOARD OF APPEALS MINUTES

PLACE

Webster Town Board Meeting Building 1002 Ridge Road

DATE

October 8, 2024

TIME

7:00 pm

PRESENT

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

Corrine Volo

Good evening and welcome to the Zoning Board Appeals meeting for October 8,

2024.

Pledge of Allegiance , Call Roll

Corrine Volo

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

Applicant

Bryan Bishoping

Status

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

Applicant

Legacy Development Co.

Status

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

Applicant

John DeFazio

Status

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

Applicant

Dale Weiss

Status

Application was tabled to the November 19% meeting due to noticing error.

1146 BROOKTREE LANE/COVERD PORCH

Applicant

Todd M. Elsbree

Status

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

Applicant

Bryan Bishchoping

Status

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

Applicant

Raymond Schlegel

Status

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.

Corrine Volo

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.

Corrine Volo

Now Josh, additional information was submitted today, picture wise to...does that

applicant want to show that.

Adam Cummings

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.

Corrine Volo

Yes, do you have any renderings of what it is that you are planning on building.

Adam Cummings

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

Corrine Volo

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.

John DeMarco

Did you receive the letter from chairman Casciani date October 4'"?

Bryan Bishoping

I have not received anything.

Donald Hauza

I just received this, this evening.

John DeMarco

I know that Josh had mentioned it was in the outside of the deadline, correct?

Josh Artuso

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.

John DeMarco

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.

Donald Hauza

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,

Corrine Volo

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...

Adam Cummings

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?

Corrine Volo

We...the Planning Board...

Adam Cummings

Do you want us to meet what that letter says.

Pg. 245 October 8, 2024 Zoning Meeting

Corrine Volo

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.

Adam Cummings

Ok, thank you. So, you would like to table it for another month?

Corrine Volo

Well, I am just one person.

John DeMarco

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.

Josh Artuso

Correct.

John Demarco

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?

Adam Cummings

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......

John DeMarco

This is a totality of what was submitted. (BOTH PARTIES SPEAKING AT

THE SAME TIME)

Adam Cummings

The last meeting. ...yes

John Demarco

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 ...

Adam Cummings

I am indicating that the architect gave them before and that is what the

architect felt was a rendering.

Corrine Volo

Just this? (HOLDING UP WHAT WE RECEIVED)

Pg. 246 October 8, 2024 Zoning Meeting

Adam Cummings

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.

John DeMarco

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.

Adam Cummings

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.

Chris Centola

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.

Adam Cummings

That is what was submitted other than the lines are vertical. (BOTH

PARTIES SPEAKING AT THE SAME TIME-Chris Centola) Mr. DeMarco...

Chris Centola

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.

Adam Cummings

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)

Donald Hauza

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

Adam Cummings

We have not seen it yet.

Donald Hauza

I haven’t seen it either until this evening.

Adam Cummings

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.

Corrine Volo

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.

Donald Hauza

It is so secret that your client is an electrician.

Bryan Bishoping

Can I ask a question?

Donald Hauza

Go ahead, ask.

Bryan Bishoping

I guess, how was the Planning Board brought into his and how my occupation

was brought into this.

Donald Hauza

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.

Bryan Bishoping

I have them in my garage right now, yes.

Donald Hauza

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.

Adam Cummings

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.

Corrine Volo

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.

John DeMarco

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.

Adam Cummings

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.

Corrine Volo

The board is happy to act on it tonight, but I don’t know that you would get the

result that you desire.

Adam Cummings

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.

Chris Centola

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.

Adam Cummings

You want a rendering with the house rendered too?

Chris Centola

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.

Adam Cummings

So, we would like to request this to be tabled until next month for this

application.

Corrine Volo

So, you are requesting to table this until November 19" which is the next meeting

of this board.

Adam Cummings

Yes, and real quick to Josh, I can find the deadline date on the website?

Josh Artuso

Yes.

Adam Cummings

And we would still have to meet the same application as if it were and

application deadline, correct?

Josh Artuso

Yes, thank you.

Pg. 249 October 8, 2024 Zoning Meeting

John DeMarco

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.

Corrine Volo

I don’t think there is a reason to.

SOMEONE FROM THE AUDIENCE SPEAKING OUT.

Corrine Volo

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

MEETING 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 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.

Corrine Volo

Other than the covered terrace that has been added to the back, it’s essentially

the same home that was improved in 2020.

Al LaRue

It is except for the exception of that covered porch which extended back into the

further end of the setback.

Corrine Volo

Ok

Al LaRue

J think it enhances the structure for sure.

Corrine Volo

But the lines of the house, other than that porch........(COULDN’T HEAR

WHAT WAS SAID, BOTH PARTIES SPEAKING)

Al LaRue

Oh, very much so

Donald Hauza

That terrace is not enclosed?

Al LaRue

It is partially enclosed it’s just screened in.

Donald Hauza

Ok, so it’s a screened in terrace with a roof on it.

Pg. 251 October 8, 2024 Zoning Meeting

Al LaRue

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.

Donald Hauza

I just want to clarify in my mind what is being proposed because it says covered

and obviously the definition.........

Al LaRue

Yes, its covered by the screen. It’s not part of the structure, you know the main

Structure,

Corrine Volo

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.

Al LaRue

No there is not.

Donald Hauza

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.

Corrine Volo

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.

Donald Hauza

Sir, does your rear property line abut their rear property line or do you have

common space between.

Erich Koenig

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.

John DeMarco

Js it reflected on this Google Earth.

Josh Artuso

I am going to pull something up.

Donald Hauza

If you are saying that common space is 15 feet, I think it’s a little wider.

Erich Koenig

It might be, it’s a rough estimate.

John DeMarco

Ok, what number are you.

Erich Koenig

At 392

Donald Hauza

That common space provides that much more distance between your property

and their property.

Pg. 253 October 8, 2024 Zoning Meeting

Erich Koenig

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.

Corrine Volo

It looks like there is approximately 37, 35 to 37 feet between the two lot lines.

Erich Koenig

Ok, it was just my estimate.

Al LaRue

Approached the board and showed survey map, having discussion.

Corrine Volo

Ok, thank you.

Erich Koenig

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.

Corrine Volo

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.

Donald Hauza

Mr. LaRue, I am scaling the width of that step at 4 feet .

Al LaRue

Pardon me?

Corrine Volo

Alright, I am going to close the public hearing portion.

Pg. 254 October 8, 2024 Zoning Meeting

Donald Hauza

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.

Donald Hauza

You indicated that the rear setback was taken from the step.

Ai LaRue

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.

Corrine Volo

Josh, do we count the setback to the edge of the step or the edge of the building?

Josh Artuso

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)

Corrine Volo

Count the step

Josh Artuso

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.

Corrine Volo

Instead of being 44 feet or 43.8 it is actually 39.8 from the rear line.

John DeMarco

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?

Al LaRue

Um, 9...

Chris Centola

That includes the steps?

EVERYONE TALKING AT ONCE. I DON’T UNDERSTAND, IF A QUESTION IS

Ce es

John DeMarco

5 feet?

Al LaRue

5 feet right.

John DeMarco

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?

Al LaRue

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

John DeMarco

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.

Al LaRue

I don’t know if it was there in 2020 or not, I do not know.

John DeMarco

There is nothing about the distance that would have prevented that they wanted

to have it included in 2020 is that right.

Al LaRue

That is true.

Chris Centola

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.

Al LaRue

That is a pretty small space 10 feet is fairly small for a significant home.

John DeMarco

I know that you are...the folks that you are representing are not here this

evening correct.

Al LaRue

That is correct.

John DeMarco

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.

Corrine Volo

Yes, he had requested additional screening between the two...

Aj LaRue

We would be ok with the screening we understand that.

John DeMarco

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.

Al LaRue

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

John DeMarco

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.

Al LaRue

We have, we have a letter as a matter of fact.

John DeMarco

And is the HOA requiring the berm.

Al LaRue

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.

Corrine Volo

There is currently a berm between the two lots as the land stands right now

without any structure there.

Al LaRue

Yes, and we can certainly add some landscaping to that berm.

Corrine Volo

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.

Chris Centola

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.

Corrine Volo

Exactly. Josh, does this also need to go to the Planning Board?

Josh Artuso

Single family....CORRINE SPEAKING OVER AND BOTH PARTIES

SPEAKING AT THE SAME TIME.

Josh Artuso

Correct, it would be an administrative.

Donald Hauza

Just for the record, what was the initial application variance.

Corrine Volo

44 feet I think it was.

Al LaRue

The original was

44. Pg. 257 October 8, 2024 Zoning Meeting

Chris Centola

It covered the edge of the covered area vs minus the steps is about 40 feet. Just a

little over 40 feet from the...

Donald Hauza

So, there is a 4 foot difference from CHRIS CENTOLA SPEAKING OVER

Donald Hauza

From what they are requesting this evening.

Corrine Volo

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

FINDINGS OF FACTS

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.

Corrine Volo

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

Donald Hauza

| 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.

Corrine Volo

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)

SHARON COURT GARAGE

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.

Donald Hauza

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.

Corrine Volo

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...

Donald Hauza

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.

Josh Artuso

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.

Chris Centola

Well, there is the garage that has been added.

Mrs. Weiss

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.

Dale Weiss

The deck and the pool, on the north side. (MRS. WEISS SPEAKING AT THE

SAME TIME) and that was to the south side.

Mrs. Weiss

And we do have signed letters from our neighbors, all of our neighbors in the

circle. We emailed them to Josh.

Dale Weiss

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

Donald Hauza

You do back up to the high school, correct?

Mrs. Weiss

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.

Corrine Volo

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.

Donald Hauza

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.

Mrs. Weiss

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.

Donald Hauza

What if you ran that parallel with that property line of 7 feet.

Mrs. Weiss

So, then it wouldn’t be angled at ...it wouldn’t go with the property line. Which 1

think is not aesthetically pleasing look.

Dale Weiss

Yes, the idea of pushing it back is to hide it more than anything to get it to the

edge of the property.

Mrs. Weiss

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.

Donald Hauza

That is what we are asking for.

Mrs. Weiss

Well, you said 7 feet in the back as well.

Corrine Volo

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.

Dale Weiss

It will push the back out just a couple feet but......

Pg. 261 October 8, 2024 Zoning Meeting

Mrs. Weiss

I just want it to be angled in the same direction of the property line.

(EVERYONE SPEAKING AT THE SAME TIME)

Dale Weiss

The side driveway doesn’t follow the property line as you can see it’s angled but

Chris Centola

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.

Donald Hauza

It will provide you with the extra footage for maintenance between the

structure and the property line.

Corrine Volo

| understand it can’t be pushed back any further because of the location of the

pool....

Mrs. Weiss

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.

Dale Weiss

Yes, the driveway is within 50 feet of the setback from the front (DALE AND

MRS. WEISS SPEAKING AT THE SAME TIME)

Corrine Volo

Do we need an extra variance because it is not behind the rear line of the house.

Mrs. Weiss

Isn’t that what you asked us to pay for Josh, already?

Josh Artuso

Yes

Mrs. Weiss

We already did that for extra variance.

Josh Artuso

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,

Board

We have photos of yard and location.

Mrs. Weiss

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.

Corrine Volo

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

Chris Centola

You are calling it a garage workshop are you going to run electric out to it.

Dale Weiss

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.

Corrine Volo

But it won’t be used for living space.

Mrs. Weiss

No.

Donald Hauza

| 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.

Corrine Volo

Now we can act on the setback, but do we need to table it to the next meeting.

Josh Artuso

Unfortunately, yes.

Corrine Volo

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.

Mrs. Weiss

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.

Corrine Volo

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.

Josh Artuso

You have already paid for the variance, and I do apologize. It was an over sight

on my part.

Dale Weiss

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

MEETING which was seconded by

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)

BROOKTREE LANE COVERED PORCH

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.

Donald Hauza

How far will that extend beyond your front stoop?

Todd Elsbree

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.

Donald Hauza

Just enough to get that post in.

Chris Centola

Just over 9 feet.

Todd Elsbree

I think it’s about 8 % feet from edge of the door to the post.

Corrine Volo

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.

Todd Elsbree

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

FENDINGS OF FACTS

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

This request is not substantial

No, it’s not based on the dimensions.

There are no adverse physical or environmental impacts to the site or neighborhood: None

The difficulty is not self-created

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)

WILLOW LANE COVERED PORCH

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.

Corrine Volo

How wide is the front door,

Adam Cummings

I believe it is a standard 36 width and 7 foot tall.

Corrine Volo

So, the swing of the door will be 36 inches.

Adam Cummings

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.

Corrine Volo

No, the location makes perfect sense. It’s because it’s symmetrical between the

upstairs windows.

Adam Cummings

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.

Corrine Volo

So is it 13 feet from the face of the house

Peete tee wees

Adam Cummings

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

Corrine Volo

From the front of the porch not from the overhang...

Adam Cummings

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.

Chris Centola

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.

Adam Cummings

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.

Chris Centola

Are you going to pave underneath it to facilitate sitting.

Adam Cummings

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.

Donald Hauza

What is outside that concrete stoop that is being covered. Lawn?

Adam Cummings

Yes

CHRIS CENTOLA AND DONALD HAUZA SPEAKING AT THE SAME TIME.

Donald Hauza

Planning on putting any decking there.

Bryan Bischoping

The concrete step is getting enlarged.

Donald Hauza

Ok.

Adam Cummings

Sorry, I misunderstood the question. (HAVING A CONVERSATION

WITH BRYAN BISCHOPING)

Chris Centola

So, you have a step up approximately 5 feet from the existing stoop line now.

Going from the driveway

Adam Cummings

I believe it is 5 feet from the edge of the house over to the sidewalk so your

adding 8 feet.

Corrine Volo

Why does it need to be 13 feet deep.

Bryan Bishoping

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

Corrine Volo

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.

Bryan Bishoping

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.

Corrine Volo

Where are the posts going to be. Furthest most point out closest to the street.

BOTH PARTIES SPEAKING AT THE SAME TIME.

Bryan Bishoping

13 feet....going to be touching the concrete.

Corrine Volo

So, posts are not going to touch the concrete

Adam Cummings

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

Corrine Volo

Alright, this does not give me that.

Adam Cummings

So that is an elevation view of the entire roof structure not the concrete that

would be below the roof.

Bryan Bishoping

I believe I only need a variance for the structure and not the concrete.

Adam Cummings

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.

Corrine Volo

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.

Donald Hauza

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.

Adam Cummings

The intent is to go from the face of the building not from the overhang on

the second floor.

Donald Hauza

I understand. So that would be 14 feet.

Bryan Bishoping

The overhang is not called out on this.

Donald Hauza

I understand.

Corrine Volo

So, 13 feet from the building and 12 feet from the existing overhang.

Adam Cummings

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

Donald Hauza

40.8 is.......... (BOTH PARTIES CONTINUE TO SPEAK AT THE SAME

TIME)

Adam Cummings

We are at 27 feet instead of 27.8.

Donald Hauza

The 40.8 is measured to the foundation, not the overhang.

Adam Cummings

Correct, yes.

Donald Hauza

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.

Bryan Bishoping

No, the roof is 13 x 22

Corrine Volo

So, this dimension should be from the building not

Donald Hauza

We are talking apples and pears, but I know where you are coming from now,

thank you.

Corrine Volo

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.

Corrine Volo

Please stay at the microphone because we can’t pick you up for the record,

please.

Jann Armantrout

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.

Corrine Volo

Mrs. Armantrout: Did you receive the postcard that would have come out for this

application?

Jann Armantrout

Yes, but the post card doesn't say what is being reviewed. It only says the

property is under-review.

Corrine Volo

That information would be on the town website also.

Pg. 271 October 8, 2024 Zoning Meeting

Jann Armantrout

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.

Corrine Volo

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.

Jann Armantrout

Again, I understand fully what you are saying but ....

Corrine Volo

We do understand your concerns but right now we are not discussing the

outbuilding we are discussing the porch.

Jann Armantrout

But the outbuilding is in the application.

Donald Hauza

It is a separate application.

Corrine Volo

We are separating it, and we are looking at just the porch not considering the out

building.

Jann Armantrout

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.

Corrine Volo

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.

Jann Armantrout

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.

Corrine Volo

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.

Jann Armantrout

But not necessarily 25% of that setback because that is what we are talking

about.

Pg. 272 October 8, 2024 Zoning Meeting

Corrine Volo

It is whatever the board grants if the board determines to grant it. We do take

that into consideration.

Jann Armantrout

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.

Donald Hauza

Fortunately, I don’t think we could tie the two projects together. This is a

separate application.

John DeMarco

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.

Adam Cummings

I would like to interject. We are trying to compliment the two.

John DeMarco

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......

Donald Hauza

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.

John DeMarco

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.

Donald Hauza

We know it’s there. We are talking about it. LAUGHTER.

Chris Centola

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.

Corrine Volo

| 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.

John DeMarco

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.

Josh Artuso

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.

John DeMarco

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.

Josh Artuso

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.

Bryan Bishoping

(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.

John DeMarco

And I’m sorry, that is respect to the boat trailer.

Bryan Bishoping

Snow mobile trailer.

John DeMarco

And how does the accessory structure alleviate that issue.

Bryan Bishoping

That was the one code issue.

John DeMarco

So, if it’s in the driveway it’s a non-issue.

Bryan Bishoping

Correct.

ee ey

Audience member speaking out

Pg. 274 October 8, 2024 Zoning Meeting

Corrine Volo

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.

Donald Hauza

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.

Chris Centola

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 .

Donald Hauza

I noticed that there are only two posts expanding 22 feet.

Chris Centola

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.

Donald Hauza

Are you comfortable with the dimensions being requested.

Chris Centola

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.

Donald Hauza

That is what I meant by size.

Chris Centola

I agree with you. For me it’s not the size it’s the fact that it’s eating up....

Donald Hauza

If he narrowed it up it would be that much greater of a setback.

Chris Centola

| 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.

Corrine Volo

My porch goes the whole length of the front of our house so I

ee oe ey

Pg. 275 October 8, 2024 Zoning Meeting

Donaid Hauza

Front porches are great.

Corrine Volo

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.

Adam Cummings

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.

Donald Hauza

Mr. Centola, are you still requesting additional information as far as the

architectural.

Chris Centola

No, I think as along as somewhere along the line that 22 foot span for a clear

span is large.

Donald Hauza

It is very large.

Chris Centola

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.

Corrine Volo

Yes, the Building Department will have to issue the permit and will have to

approve what is submitted to them.

Adam Cummings

Once again, the key is having that setback.

Donald Hauza

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

Chris Centola

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.

Donald Hauza

No matter what he does because (BOTH PARTIES SPEAKING AT THE SAME

TIME) .............008 the setback he would need a variance.

Chris Centola

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.

Corrine Volo

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)

MAPLE DRIVE DETACHED GARAGE

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.

Donald Hauza

Mr. Schlegel, you said 12 x 20...wait a second, my screen switched.

Corrine Volo

Is you dimension 12 x 28 or 24 x

28. Raymond Schlegel: 24 x 28 sorry.

Corrine Volo

And it will be located.

Raymond Schlegel

To the north side of the house.

Corrine Volo

On that arched driveway.

Raymond Schlegel

Yes, right behind the driveway.

Donald Hauza

Can you push the garage back a little further to the west, toward your rear yard.

Pg. 278 October 8, 2024 Zoning Meeting

Raymond Schlegel

To the west.

James Spampinato

To the back of your home that is what he is saying.

Raymond Schlegel

Yes

Corrine Volo

Is this garage going to be used to store your vehicles.

Raymond Schlegel

Yes

Corrine Volo

So, it needs to be tied to the driveway roughly.

Chris Centola

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.........

Donald Hauza

You can make asphalt do anything. Myself, I think it would look a little nicer if

it was pushed back

Chris Centola

I think it would like nicer but more importantly I think it would make it easier to

get in and out.

Donald Hauza

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.

Corrine Volo

And that is partially a concern. Is this....are you on septic at this location or on

sewer.

Raymond Schiegel

Sewer

Corrine Volo

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.

Raymond Schlegel

Yes

Corrine Volo

Which would then give you a little more apron to pull in and out of it as well.

Raymond Schlegel

Right, yes.

Corrine Volo

Make the front setback 38

Pg. 279 October 8, 2024 Zoning Meeting

Chris Centola

Or if you just want to tell him back of the garage to line up with the rear of the

house.

Corrine Volo

Ok, we don’t need to set a distance.

Chris Centola

It will be 30 feet from that.

Corrine Volo

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.

Raymond Schlegel

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.

Donald Hauza

Doesn’t that slope run towards that catch basin.

Raymond Schlegel

Yes

Donald Hauza

But there isn’t a lot slop there, is there? Not that much.

Raymond Schlegel

There is probably a 3 foot drop down to that catch basin.

Corrine Volo

I notice the slope I didn’t.........

(PICTURE OF MR. SCHLEGEL’S YARD SHOWING ON THE SCREEN)

Chris Centola

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)

Corrine Volo

Maybe push it back at least 5 feet. Do you think you could push it back 5?

Raymond Schlegel

From the driveway?

Corrine Volo

From the driveway and push it back 5 feet which then gives you some apron as

well.

Raymond Schlegel

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

Chris Centola

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

Donald Hauza

Well, the house is preexisting. (BOTH PARTIES SPEAKING AT THE SAME

TIME) grant the variance to the garage. It could be there forever.

Chris Centola

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,

Corrine Volo

I would be ok with

4. It still pushes it back a little bit

Chris Centola

35 feet, instead of .65 give 35 feet and call it a day.

Corrine Volo

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....

Donald Hauza

[ 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.

Corrine Volo

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 .

Raymond Schlegel

Ok, so move it back 4 feet. Ok. I can do that.

Corrine Volo

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

FINDINGS OF FACTS

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

Josh Artuso

Ray before you go, this needs Planning Board approval as well because of the size.

Raymond Schlegel

Ok, when is that going to happen.

Josh Artuso

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

End of document