Zoning Board Meeting
Zoning Minutes 2024.08.13

Minutes

August 13, 2024 · 66 min read · extracted text · View original

WEBSTER ZONING BOARD OF APPEALS MINUTES

PLACE; Webster Town Board Meeting Building 1002 Ridge Road

DATE

August [3, 2024

TIME

7:00 pm

PRESENT

ABSENT:

Michael Short James Spampinato (alternate)

Corrine Volo

Dan Lagoner

Donald Hauza

Chris Centola

John DeMarco, Attorney

Katherine Kolich, Recording Secretary

Josh Artuso, Director of Community Development

Michael Short

Good evening and wetcome to the Zoning Board Appeals meeting for August 13,

2024. We have one tabled item and 7 scheduled matters for today. We do have proof of legal

publication for all the items. The board does have the right to end meeting by 10:00 with the

number of items we have. If we don’t, we may have to table the last couple of items, but Iam

hoping we don’t get there. During public speaking sessions we will limit public comments to no

more than 5 minutes so keep that in mind.

Call Roll, Pledge of Allegiance

Michael Short

I would like to make a slight change to the agenda that we have. I would like to

move Splash Car Wash, one year extension of approvals up to the first item and then we will

move back to the tabled items.

Summary of Application Outcomes

TABLED MATTERS

:

671 WILLOW _LANE/ACCESSORY STRUCTURE

Applicant

Bryan Bishoping

Status

TABLED TO SEPTEMBER 10, 2024, MEETING: APPLICANT TO RETURN

WITH A PROPOSAL THAT IS MORE RESIDENTIAL IN CHARACTER

SCHEDULED MATTERS

:

1013 RIDGE ROAD/SPLASH CAR WASH-ONE YEAR EXTENSION

Applicant

Fox Five LLC

Status

1-YEAR EXTENTION OF USE VARIANCE GRANTED: APPROVAL TO

EXPIRE ON AUGUST 23, 2025 (one year from prior approval)

Pg. 180 August 13, 2024 Zoning Meeting

210 WOODSVIEW DRIVE/CONVERT PORCH TO 4 SEASON ROOM

Applicant

Keystone Customer Decks

Status

APPROVED AS PRESENTED: 47’ (WEST) REAR SETBACK

858 JORAN DRIVE/FRONT PORCH

Applicant

Tom Mykins

Status

APPROVED AS PRESENTED: 30’ (WEST) FRONT SETBACK

712 BAY ROAD/ADDING COVERED PARKING

Applicant

Michael Mattys

Status

APPLICATION TABLED TO SEPTEMBER 10, 2024 MEETING

823 BANNERWOOD DRIVE/2‘” CAR GARAGE

Applicant

Corinne Mansfteld

Status

APPROVED AS PRESENTED: 32” (EAST) FRONT SETBACK

361 ANNA CIRCLE/IN-GROUND POOL AND CONCRETE

Applicant

Brandon Sosa

Status

APPROVED W/ CONDITION:

4.3’ (SOUTH) SIDE SETBACK TO CONCRETE EDGE OF POOL; NO PART OF POOL

OR CONCRETE TO BE LOCATED IN DRAINAGE EASEMENT

1706 WOODARD ROAD/3®? CAR GARAGE

Applicant

Carl Aquilina

Status

APPROVED W/ CONDITIONS: 6.5’ (WEST) SIDE SETBACK;

MUST RELOCATE FRONT SHED TO REAR OF RESIDENCE; GARAGE ADDITION

TO HAVE (2) GARAGE DOORS FOR ACCESS TO REAR YARD

(Corrine Volo 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 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

ol Webster.

Michael Short

Hello Bryan, how are you and it’s good to see you again.

Bryan Bishchoping

It’s good to see you.

Michael Short

Do you want to go through the project again.

Py. 18! August 13, 2024 Zoning Meeting

Bryan Bishchoping

So, the second floor was eliminated, and I am just going to have shelving

inside now and the measurements have been updated so that it is within the 20 x 25 foot print

and not exceeding 20 feet tall.

Michael Short

Ok, so you also submitted information on the materials so it looks like an

industrial metal building if you will or a pole barn type material.

Bryan Bishchoping

It is metal siding, yes.

Michael Short

Ok, very good.

Bryan Bishchoping

The roof is going to be metal as well.

Michael Short

Ok and you also submitted the break down of the cost as well.

Bryan Bishchoping

Yes.

Michael Short

Thank you. I know the last time that we spoke there was concerns of a building

that is being put up in a residential area that is 20 feet tall, 20 x 25 that ultimately would have a

more industrial type look and would look out of place in the neighborhood itself and I still have

that concern significantly. | appreciate that you submitted on the materials because I know the

last time we had spoke we had mentioned making it look similar to the house, to a residential

and at that point you did not have the materials decided on at that point and time, so I appreciate

all the information here. Does the board have questions.

Dan Lagoner

Yes, with the removat of the second floor, what is the need to the height?

Bryan Bishchoping

| need storage space so 1 am going to have shelving that is 20 feet tall and

be able to store on that shelving so I still need the storage. ..it’s just, Iam looking to have....the

decision that was made at the last meeting by creating a, by saying the structure was now a

1000 square feet because of the second level that required me to get a third variance because my

house is not 4000 square feet so the way to have a 500 square feet structure without needing

that other variance is to eliminate the second level and just have the storage vertically.

Donald Hauza

Are you going to have a business at this tocation.

Bryan Bishchoping

No

Donald Hauza

I don’t know any resident that has a need for shelving 20 fect tall.

Bryan Bishchoping

There is actually currently at Schlegel and Phillips ave larger and the same

R-3 zoning as my property. It is definitely a lot larger because I believe the door is a least 12

feet tall and 10 feet wide and that is the same residential zone that | am in.

Pg. 182 August 13, 2024 Zoning Mecting

Donald Hauza

It stl concerns me.

Michael Short

Any other questions?

Donald Hauza

If he could soften it up so it doesn’t look that commercial. I know one of the

previous meetings we asked a question why he couldn’t incorporate that to his existing house

and if memory serves me correctly, tt was that it was more expensive than having a standalone,

but we are talking a residential area.

Bryan Bishoping

So, the intent is to have both structures look similar.

Michael Short

So, you are going to side you house un metal siding?

Bryan Bishoping

Eventually...its currently metal siding right now.

Michael Short

It is aluminum siding that mimics plank siding so in what you submitted, is a

standing seem commercial grade siding that is roughly 18 or 24 inches on center so it not the

same project. It is a commercials grade product.

Bryan Bishoping

I mean the goal is the longevity of the structure not....so when I make that

transition with the house, the primary structure that's the goal that the two will be similar.

Corrine Volo

Now, are you planning on matching the color of this to the future color of your

residence which is going to be what?

Bryan Bishoping

I have not decided a color,

Michael Short

| guess this is what I am going to say, at the end of the day we have bullets that

we have to abide by, and this board has the option to say, to review it to the best of our ability

and make a decision. The last two, this ts not an undesirable change-this ts in a residential

neighborhood, Phillips and Schlegel and yes, ] understand that it might be same zone however

those are more heavily larger roads then a residential neighborhood so J would say that this

becomes an undesirable change, and this request is not significant. On one hand having a

storage unity 20 x 25, I don’t see as being significant until we put that height of 20 feet on top

of it. Now, it becomes something much more significant. These are my opinions, so I guess

from here, I mean Bryan, are you open to modifications to this structure to have a storage unit

on your property lo be able to store your equipment; materials on the property.

Bryan Bishoping

So, we currently have 3 other accessory structures this size in the

neighborhood, in my current neighborhood.

Michael Short

1 drove your neighborhood, and 1 did not see any structure 20 feet height, 25

Pe. 183 August 13, 2024 Zoning Mecting

Bryan Bishoping

Maybe not 20 feet high but definitely, 18 feet high, 18-19 feet high. There is

one 21 x 25; there is one that is 20 x 25, and they happen to be in the back yard.

Michael Short

The ones that were identified the first time you were here, were not those.

Bryan Bishoping

And then at the corner of Millcreek and Willow, or Millcreek and Holley,

there is one that Jooks like an attached garage, but it is not an attached garage and that is at least

18 feet tall.

Michael Short

What do you have going on Josh.

Chris Centola

| asked him if he could pull up Google Earth.

Michael Short

Thank you.

Michael and Chris having a discussion.

Corrine Volo

NOT SPEAKING LOUD ENOUGH...The one on Phillips and Schlegel.

Chris Centola

Where the general neighborhood is.

Bryan Bishoping

It would be the south east corner on Holley.

JOSH ARTUSO PULLING UP MAP ON GOOD EARTH.

Josh Artuso

Is that attached or detached?

Bryan Bishoping

That is detached.

Chris Centola

NOT SPEAKING LOUD ENOUGH. The peak might be at 20 feet but certainly

the eaves are around

10. Donald Hauza: And it certainly has a residential look.

Chris Centola

The siding, shutters, and windows are all on the same scale of the house.

Michael Short

So that is one of things that Lam get to Bryan without being blunt about it but

the structure that has been submitted, in my opinion, is a commercial looking structure. Itis a

low pitch roof, and it does not fit within the neighborhood. It was just brought up; it was made

1o look to fit within the neighborhood. Are you open to

Bryan Bishoping

Can we look at the ones on Conifer Cove?

Pg. 184 August 13, 2024 Zoning Mecting

Michael Short

Sure

Bryan Bishoping

NOT SPEAKING LOUT ENOGH. | would have to check to see what the

addresses are. Actually Josh, it’s real close to where your cursor is. [ believe the one with the

pool VIEWING THE MAP.

Bryan Bishoping

Right in those back yards right there and you can see the corner of one.

Michael Short

But here is the other issue; yours is not going to be out in the backyard hidden

by your house and hidden by the trees.

Bryan Bishoping

Hidden by the hedge rows.

Michael Short

On one side, right.

Bryan Bishoping

Half of the structure yes. IT have a current picture of what it looks like today

and there ts only 4 feet from the hedge row currently to the stakes or the corners of the

structure. So, when that gets cleaned up and then planted, it definitely will blend in with he

hedge row.

Corrine Volo

Now, were you planning on plantings around the building to soften the look of it.

Bryan Bishoping

Yes

Corrine Volo

Because it Is entirely in your side yard so the hedgerow will hid it from the

neighbor to the north but it’s going to be right there.

Bryan Bishoping

I have a picture from today at 3:45 if you want to pass it around and I have

multiple copies if you like to look at it today and you can sec the stakes and corner closest to the

existing structure.

Michacl Short

| don’t need to see it. | have been to the property a couple of times, so | know

what it books like. I don’t know if anyone clse wants to see it.

Board

No

Michael Short

Ok, what Iam hearing, | guess itis Bryan, you are set on this size; style; height;

material to be installed... what Lam hearing and correct me if a Tam wrong, you are not open to

alterations to the look at this and to the size and the height of this. Correct ?

Bryan Bishoping

The height, the footprint, everything falls into an accessary structure

approved in the Town of Webster so that is what [am going for is that size. The look of is

going to be complimenting of the primary structure.

Pg. 185 August 13, 2024 Zoning Mecting

Michact Short

Ok, for you to build it in the location, you need, you have to have a variance.

This board can cither deny or grant that variance. Speaking for myself, 1 would want to see this

soften and the height reduced, and materials modified so that it fits within the neighborhood,

Again, not speaking for the rest of the board members but that is what |] would want. You are

correct, the height fits within the code. We are not hear talking about the height from a variance

standpoint we are talking about the location, but this board has the ability to grant that variance

based on a number of factors. The look of it being one of them. Again, being an undesirable

change and being a significance of a request those are the two things that we have to ask

ourselves and we have to ask ourselves, is this an undesirable change for that neighborhood is

what we have to ask ourselves and I guess we can vote now as it stands or is there any room on

your end to answer those questions differently for other board members.

Bryan Bishoping

I mean again, I don’t know. 1 looked at some options and I did not know that

metal siding or roofing was going to be an issue. | am sure there are other options for metal

siding, but | don’t know what they all are.

Michael Short

Height wise though, you are set on the height and there is no...... Ok, very good.

With that, did I already open up to the public? I open up for anyone who wants to speak for or

against this project. NO. | will bring it back to the board. Any other comments or questions

from the board?

Donald Hauza

NOT TALKING LOUD ENOUGH. I just want to tel! the applicant, should this

application be denied, you can not reapply in front of this board for a period of one year without

having a substantial change in your application. If you decide to make a submittal within that

one year period but the board would have to approve that significant enough of a change in

order for us to be able to act on it. So, [just caution you.

Bryan Bishoping

It's just the siding and roofing?

Donald Hauza

It is the style. CHRIS CENTOLA OVER TALKING

Donald Hauza

It is the style. It doesn’t look residential. Would 1 want this next to my house?

Absolutely not. | don’t want it by my neighbors house.

Michael Short

So, to Don's point right, it’s the height, | mean, it’s not insignificant right. |

mean we are talking the height of this, is probably close to 18 fect at the eaves based on what I

ain seeing here. So, it’s the height, it’s the materials, is ...............

Chris Centola

And location

Michael Short

Right, it all plays into it.

Donald Hauza

It is going stick out like a sore thumb.

Pg. 186 August 13, 2024 Zoning Meeting

Chris Centola

And while I recognize it, and I am sure the rest of the board does. Is your right,

there is nothing against having a metal shed and there is nothing wrong with have a 25 foot

height or asking for a variance but the way it is presented right now, at least for me, makes it

difficult to help you because I agree with Don and Mr. Short, that I don’t think it fits in and

while it’s not a requirement to fit in, that is why you have a board as opposed to just writing a

check and getting a variance and like I said, I don’t think it’s anyone issue, that if you just made

is shorter you would fit any better. [ think it is a combination of stuff but certainly I think the

height and the material has a lot to do with it at least for the way I would want to vote on it so,

Corrine Volo

Well, I think when you were before the board previously the concern the board

had was just that it needs to look residential, and it needs to kind of fit the neighborhood and I

think you could still get what you need function wise but just make it softer. Right now, it is

just going to look like a metal pole barn standing and not hidden behind your house.

Michael Short

So, 1 guess, Don with your comment, we have two options, you can pull the

application right now and take a look to see if there is something that would appease this board

or we can vote but based on what you are hearing | don’t think it is going to go well. Iam not

going lo promise that, but it may.

Bryan Bishoping

So, if] were to get a metal siding to look similar to the house, the primary

structure,,..

Corrine Volo

In style. Lunderstand that you are going to change that siding because it is aged

and faded but ....

Michael Short

Bryan, there is a lot of things right. We got the material, that is one thing. We

have the height is another thing and the location is one. The one thing that you can probably not

do a whole lot about is the location. The other two, you can do a lot about it and make that

work within that.

Bryan Bishoping

So, the height is going to stay; the location we have already established; and

to me it’s the exterior finish.

Corrine Volo

Esthetics play a big part and that is an entire residential neighborhood. It’s not

like you are in a mixed neighborhood where there is a farm across the street.

Michael Short

If you are keeping the height and you are only changing the materials, talking

for myself, ] would still be against it. There would have to be significant changes to it to make

this look like it fits within the residential neighborhood that you live in.

Bryan Bischoping

| can reapproach the architect and see what he can do.

Michael Short

Ok, so you are pulling the application at this point and time.

Pg. 187 August 13, 2024 Zoning Mecting

Bryan Bischoping

I will table it for next month.

Michael Short

Sounds good. I appreciate it.

RESOLUTION 24-0046 Donald Hauza made a motion to TABLED

APPLICATION TO THE SEPTEMBER 10,

2024 ZONING BOARD MEETING which was

seconded by: Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

(Corrine Volo read the second application)

SPLASH CAR WASH -ONE YEAR EXTENSION OF APPROVALS Located at 1013 Ridge

Road. Applicant Fox Five LLC/962 Ridge Road LLC is requesting ONE YEAR EXTENSION

OF USE VARIANCE APPROVAL (

PUBLIC HEARING

) to allow the construction of a

7,000 SF car wash on a 2.16-acre parcel having SBL# 079.15-1-16.003 located in an MC

Medium Intensity Commercial District under Section 350-101 of the Code of the Town of

Webster.

Appearing before the board was Anne Riley and I represent the applicant owner of the property.

[ actually was not supposed to be here. My client was supposed to be here and last minute I got

sent over here. We are just looking for another extension and we are still involved in litigation.

We don’t want to lose our variance.

Michael Short

Very good. I have had a chance to go through all the paperwork and I don’t

know if anyone here has any questions or comments on the one year extension.

John DeMarco

Ann, briefly if you could, what is the expectation on the ending of the litigation.

Ann Riley

We are getting very close just not close enough.

John DeMarco

Ok.

Dan Lagoner

What docs that mean. Is that going to drag on again?

Ann Riley

We are hoping that once we complete, the depositions have been completed and there

is amouion, the ligation attorney is handling the motion and once it does, this will either go

forward as a car wash,..that is what we are hoping for,

Pe. 188 August 13, 2024 Zoning Meeting

Michael Short

So, we shouldn't have you back here next year for a variance...for an extension,

correct?

Ann Riley

I would say not.

Michael Short

Ok, hopefully knock on wood. Is there any more questions.

Dan Lagoner

Do we need another car wash?

Michael Short

Fortunately, that is not for us to determine. Alright, we are going to open it up to

the public. Does anyone want to speak for or against this project. Ok. Do I have to go through

SEQR again?

Board

No

RESOLUTION 24-0048 Michael] Short made a motion for 1-YEAR

EXTENTION OF USE VARIANCE

GRANTED

APPROVAL TO EXPIRE ON

AUGUST 23, 2025 which was seconded by:

Corrine Volo.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

CONDITIONS ARE TO REMAIN AS THE ORIGINAL APPROVAL

Josh Artuso

Ann, I just have one question, are you going to be applying for an extension of the

site plan approvals?

Anne Riley

I already submitted that.

Josh Artuso

Perfect, thank you.

Michael Short; With that, we are going to go back to our tabled matter, 671 accessory structure.

(Corrine Volo read the third application)

WOODSVIEW DRIVE FOUR-SEASON ROOM

Located at 210 Woodsview Drive.

Applicant Keystone Customer Decks is requesting an AREA VARIANCE to allow a rear

setback less than what Is required associated with the conversion of an existing screened porch

into a four-scason room and addition of a new screened porch on a 0.47-acre parcel having

Pe. 189 August 13,2024 Zoning Meeting

SBL# 050.02-1-98 located in an R-2 Single Family Residential District under Section 350-11

of the Code of the Town of Webster.

Appearing before the board was Nathan Esh and I am from Keystone Custom Decks, and this is

Alan Brick, and he is the owner of the house that we are requesting a variance for. We are

looking to create the current screened in porch to a four season room. It’s like an addition to

the house pretty much and then off the end of that, we would recreate another screened in porch

pretty much similar to the existing structure so it would just be...the existing structure is I

believe 14 feet and we would be doing the same amount just mirroring that same copy right in

front of it. That takes us just across the 60 foot rear property setback so we would be looking

for 3 feet of relief.

Michael Short

I was out at the site yesterday and the backyard is pretty woodsy and nice area.

Can you tell me why to the back of the screened porch vs looking at the plan to the right/south.

Can you tell me why that location, that is my question.

Nathan Esh

So, you are saying why take the porch off the north west side vs like the south or

east side.

Michael Short

Correct.

Alan Brick

That scems to be the casiest approach, and it keeps our view on the woods wooded

area and to the one side we have !ots of planter boxes, raised beds.

Donald Hauza

You would basically be building area over the existing patio?

Alan Brick

Yes.

Nathan Esh

And another point is, the setback obviously would be correct going to the south,

but it is going further away fromthe neighbors and towards the rear of the property and the

other thing as far as building it, we just continue the A frame directly out vs having to reverse

an A frame off the existing A frame and so it creates that whole flow of the building a litle bit

easier.

Michaei Short

Ok. Other questions from the board?

Donald Hauza

] think you had some correspondence from your next door neighbor .

Nathan Esh

Yes, we have a letter here (SEE ATTACHED) and they have no issues with it. 1

also believe that they are the ones that had a similar variance approved on their properly as

well. So, they are on board, and we have a letter here. Do you want to see that.

Michael Short

Did we get a copy of that?

Pe. 190 August 13, 2024 Zoning Mecting

Nathan Esh

| received it after. It was just.an email sent to me from Alan’s wife Kris and also, |

have the conversation between them two as well if you want to see that email as well.

Michael Short

So, 1 will just read this into the record. (SEE ATTACHED) No other questions

from the board, is there anyone who wants to speak for or against this project. No, ok back to

the board. Any other questions that the board may have.

Corrine Volo

Upon my site visit it is the most logical location and um with respect to impact

on the nearest neighbor since it will be pushing out in a direction where the neighbor really is

nol going to be able to sce it because it is up against the retention pond side of the property and

then the property to the rear is a working farm currently so again, I don’t think the farmer will

see It.

Michaet Short

If there is no other discussions from the board, we will vote on SEQR.

RESOLUTION 24-0050 Michael Short made a motion TYPE Hf SEQR

which was seconded by: Dan Lagoner

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

FINDINGS OF FACTS

Corrine Volo

This request is not out of character in the neighborhood: As was noted, the neighbor at 208

had a similar condition previously and I believe it was in 2019 with a similar setback to

add a room off the back of the house.

There will not be a detriment created to nearby properties: Again, the neighbor to the north

is actually a retention pond and the neighbor to the South sent a letter that he is not opposed

to it.

The benefit is not achievable by any other method: They are enclosing the room that is

currently there and extending it using the same reof lines which makes the construction

much more {casible.

This request is not substantial:

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

impacts to the site or impacts.

The difficulty is not self-created

The difficulty is self-created, but most variances arc, and

it really doesn’t impact any of the neighbors in the area.

This ts not an undesirable change: It will be a desirable change. The property is attractive

now and | don’t think it will be any less attractive with this addition to it.

This request is not significant:

Pe. 191 August 13, 2024 Zoning Mecting

[

Donald Hauza

The variance is only to a point on the building really it doesn’t include the whole

side.

RESOLUTION 24-0051 Michael Short made a motion to APPROVE THE

AREA VARIANCE Located at 210 Woodsview Drive.

Applicant Keystone Customer Decks is requesting an

AREA VARIANCE to allow a rear setback less than

what is required associated with the conversion of an

existing screened porch into a four-season room and

addition of a new screened porch on a 0.47-acre parcel

having SBL# 050.02-1-98 located in an R-2 Single

Family Residential District under Section 350-11 of the

Code of the Town of Webster which was seconded by:

Corrine Volo,

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire August 13, 2025.

* APPROVED AS PRESENTED: 47’ (WEST) REAR SETBACK

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

(Corrine Volo read the fourth application)

JORAN DRIVE FRONT PORCH

Located at 858 Joran Drive. Applicant Tom Mykins is

requesting AREA VARIANCES to allow a front setback less than what is required associated

with the construction of a 160 SF front porch on a 0.31-acre parcel having SBL# 078.10-1-56

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 Tom Mykins. | live on the corner Volk and Joran Drive. We

have a ranch house on the corner. We have a front porch today which is 8 x 10 and 18 inches

height off of the ground and I want to expand that to make it 8 x 20 to bring it across the house

shghtly but unbeknownst there is a variance in the current one is actually over that time, so I

didn’t have the information at the lime and it’s close to Joran Drive I believe, is where the

variance is. From the front of the house to Joran Drive and it’s only 30 feet and I don’t know

exactly but | believe the code is tike 34-35 fect on that but that is what 1 am looking for the

variance for. | do have a neighbor next door to us that has a very similar deck with the same

extension onto that also.

Pg. 192 August 13, 2024 Zoning Mecting

Michael Short

So, you are not coming any further closer to Joran than your current porch is.

Tom Mykins

Correct.

Michael Short

You are just making it

Tom Mykins

Just making it a little bit wider than it is and we are going... EVERYONE

TALKING AT ONCE.

Michal Short

Yup, absolutely. Ok, questions from the board. There is a variance already Josh

for that current porch,

Josh Artuso

No. We were not able to find one on record.

Michael Short

Got it. This is pretty straight forward to me, and I don’t have any questions.

Anybody from the board?

Board

NO

Michael Short

I will open it up to the public if anyone wants to speak for or against this

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

RESOLUTION 24-0052 Michael Short made a motion TYPE II SEQR

which was seconded by: Donald Hauza.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

FINDINGS OF FACTS

Michael Short

1. This request is not out of character in the neighborhood: As you mentioned, your neighbor

next door has a very similar porch right in front. The porch is not going to be any taller or

any closer to the front or to the road than your current porch. It will be a little bit wider.

2. There will not be a detriment created to nearby properties: Does not cause a detriment as

this is attached to the house and close to the house.

3. The benefit is not achievable by any other method: To make your porch a benefit, it’s really

not achievable by any other means.

4. This request is not substantial: This is not substantial as there was already a porch there

and the neighborhood has porches all through out that are viewable trom road side.

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

a

Pg. 193 August 13, 2024 Zoning Mecting

L

6. The difficulty is not self-created: It is self-created to want to have a usable porch but it’s

not unreasonable to have a usable porch in ones front yard.

7. This is not an undesirable change: It is not as many of the houses already have front

porches.

8. This request ts not significant: Is not a significant request from this board.

Michael Short

Any other findings that | may have missed?

Donald Hauza

[am trying to figure out the front setback of the new porch.

Josh Artuso

It is supposed to be 30 fect where 40 feet is required.

Michael Short

So, are we going to be 30... what’s the house currently off the street? The house

is 38.4. Ok, gotcha.

RESOLUTION 24-0053 Michael Short made a motion to APPROVE THE

AREA VARIANCE Located at 858 Joran Drive.

Applicant Tom Mykins ts requesting AREA

VARIANCES to allow a front setback of 30 feet

where 40 feet is required associated with the

construction of a 160 SF front porch on a 0.3 1-acre

parcel having SBL# 078. 10-1-56 located in an R- 3

Single Family Residential District under Section

350-12 of the Code of the Town of Webster which

was seconded by: Chris Centola.

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire August 13, 2025.

* To provide the front porch no more than 30 feet in Liu of the 40 feet required by

the code and the porch would be no more than 8 feet x 20 feet in the front of the

house.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

(Corrine Volo read the fifth application)

BAY ROAD PORTE COCHERRE

Located at 712 Bay Road. Applicant Michacl Mattys is

requesting an AREA VARIANCE to allow a front setback tess than what is required associated

Pg. 194 August 13, 2024 Zoning Meeting

with the construction of a 300 SF Porte Cocherre (covered carport) addition to an existing

single-family residence on a 1.57-acre parcel having SBL# 063.19-1-2.1 located in an R-3

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

Applicant requested to table application.

RESOLUTION 24-0054 Michael Short made a motion to TABLE

APPLICATION TO THE SEPTEMEBER 10,

2024 ZONING BOARD MEETING which was

seconded by: Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

(Corrine Volo read the sixth application)

BANNERWOOD DRIVE GARAGE ADDITION

Located at 823 Bannerwood Drive.

Applicant Corinne Mansfield is requesting an AREA VARIANCE to allow a front setback

less than what is required associated with the construction of a 672 SF attached garage addition

to an existing single- family residence on a 0.63-acre parcel having SBL# 081.01-1-75 located

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

Webster.

Appearing before the board was Brian Andrejcak and Corinne Mansfield and we are the home

owners, and we are requesting a variance to add on an attached garage to the existing house.

Michael Short

So, the only thing that we got is the land here, what is the attached garage going

to look like?

Brian Andrejeak

It will mirror the house. Same siding and same look and it will look like it

will be connected to the house and will be an extension of it.

Michael Short

Height wise? Do you have plans already? Is that something you can share with

the board?

Corinne Mansfield

NOT USING THE MIC, CAN BARELY HEAR. I did send

them... TAKES HER PHONE TO SHOW BOARD WHAT IT WILL LOOK LIKE.

Michael Short

Josh, do you have?

Pg. 195 August 13, 2024 Zoning Mecting

Josh Artuso

Ido not. It might have been submitted with your building application but that

didn’t transfer over to this one. If you have them clectronically, you can email them, and I can

pull them up on the screen,

Chris Centola

[s there an actual structure connected to the garage to the existing garage or is

that just a covered walk way?

Brian Andrejcak

It will be ...... (BOARD MEMBERS SPEAKING AT THE SAME TIME AS

APPLICANT) as the garage. The garage will be here and a little...

Chris Centola

Right, is that going to be enclosed or is that just going to be.........

Brian Andrejcak

It will be enclosed.

Michael Short

Why this particular location?

Brian Andrejcak

Because it is near the driveway.

Corinne Mansfield

(NOT AT THE MIC SO IT’S HARD TO HEAR) We had a couple

setbacks had we done it just continuing it on...otherwise our window would be looking into the

garage. So, our only option was to do it that way. We also thought about doing it straight down

the driveway NOT SPEAKING LOUD ENOUGH.... I have a truck and need to turn around.

Michael Short

Gotcha. Can you zoom in on that a Little bit Josh.

Josh Artuso

It’s really not giving me the option.

Chris Centola

Are there any clevations.

Josh Artuso

I don’t believe the elevations were provided. Do you have elevation drawings of

what the building would look like?

Corinne Mansfield

No, that is basically what our contractor gave us.

Corrine Volo

Will the roof line be similar to the other garage?

Corinne Mansfield

Yes...NOT AT THE MIC AND NOT SPEAKING LOUD ENOUGH)

Donald Hauza

Obviously the stairs are going up to the storage area.

Corinne Mansfield

(NOT USING THE MIC) similar to our old house. If you want to google

20 Jeffreys Circle that is pretty much what we want to do with it.

Pg. 196 August 13, 2024 Zoning Mecting

Chris Centola

Do you know what the height of the garage?

Brian Andrejcak

It will be the height of the current structure. The height will not execed the

current structure.

Corinne Mansfield

NOT SPEAKING LOUD ENOUGH AND NOT AT THE MIC.... Make

sure not to do that because it would look like an apartment complex. The height of the garage

going to much higher than...................

Don Hauza

It is not an accessory building because it’s connected to the house.

Chris Centola

That is what f was going to ask if it is not enclosed. It’s an addition.

Josh Artuso

What was the address that you gave?

Corinne Mansfield

20 Jeffreys Circle

Michael Short

So, on that side, the Bannerwood side, you have essentially there is 3 rooflines

and it’s not going to be any higher than the house, which roof line are we talking about.

Ht will be a litthe below,......... the second

Michael Short

The middie roof line, if you will, right. Ok, that makes sense, and you said a

little bit below that.

Corinne Mansfield

Yes

Michael Short

Material wise you said it looks tike you have vinyl siding.

Brian Andrejcak

1 will all match.

Corinne Mansfield

NOT USING THE MIC............ We are actually going to be using the

door we previously had so it’s the same exact door.

Michael Short

You converted the existing garage into living space?

Corinne Manslicld

Yes, during COVID we needed a little bit more room.

Chris Centola

And the garage is going to have a full......the garage area, is that just going to be

a small little area that the stairs are leading to.

Corinne Mansticid

NOT USING THE MIC....... lt will be the full

Pe. 197 August 13, 2024 Zoning Mecting

Michael Short

Any other questions from the board? Any one for or against this project that

wants lo speak? Ok, will bring it back to the board. [am having Josh email me the images and

I want to see if I can actually open them up. So, Josh received a screen shot of what was on

your phone which ts fine, | guess my question ts it....1t looks like there may have been another

page based on the screen shot. If you scroll up there is a title block so it looks like there might

be more to it. TALKING TO THE APPLICANT....they don’t give any dimensions

whatsoever, very nice of them however they are keeping the sofit line and the eave the same as

your current house and it actually looks like it might be taller than that middle portion but

lower than the upper portion of your house based on what | am seeing on this elevation. If you

wouldn’t mind sending that to Josh, | appreciate that. So, the elevatton based on what was just

shown to me is actually below the tope eave but above that middle eave. There is not

dimensions of the heights. There is a dimension on the truss it looks like il says its 9 foot clear,

Fcan’t really tell. Inside the truss it might be 8 foot and then the peak itself. We will just limit it

LO eee ecece eee eee eee ecees CHRIS CENTOLA SPEAKING OVER: over 25 allows us (o vote

Michael Short

Any other questions from the board?

Board

NO

RESOLUTION 24-0056 Michael Short made a motion TYPE 1E SEQR

which was seconded by: Dan Lagoner.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

FINDINGS OF FACTS

Corrine Volo

1. This request is not out of character in the neighborhood: All of the houses in the

neighborhood due have garages and most of them have 2-3 car garage and several of the

homes actually have a third bay garage added where this is house is only going to have a2

car garage because the previous garage was converted to living space.

2. There will not be a detriment created to nearby propertics: This is a corner lot but it looks

like } don’t Know if it’s quite a full double lot but it's wider in the direction to the nearest

neighbor of the garage than most of the lots are and | am going to guess this is a cluster

subdivision because as you go further down Bannerwood the houses are all on lop of one

another but there is significant space between this home and the nearest neighbor the

garage then most of the lots ....the neighbor at lot 211 the neighbor’s house on the garage

side also does not have any windows on that side of the house so as far as impacting and

being in the view of the neighbor they are not going to sce it on the windowless side. The

Pg. 198 August 13, 2024 Zoning Meeting

distance from this addition to the lot line is still going to be 46 feet and then at least another

10 feet to the house next door so it’s going to be significantly spaced.

The benefit is not achievable by any other method:

4. This request is not substantiah It is not an oversize garage. It’s a 2 car garage that is a little

bit deeper to allow room for an upstairs access to a storage loft.

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

6. The difficulty is not self-created: It is self-created, but the applicant does have room on the

lot in order to do so.

a

an

7. This is not an undesirable change:

8. This request is not significant: T will say it Is not significant with the setback in this

instance,........... Is it 40 feet Josh because it’s a corner lot? One side is 40 and the other

would be....

Josh Artuso

This particular lot is a cluster development and has a 35 foot front setback.

Corrine Volo

Ok, so Iam only going 3 feet beyond.

Donald Hauza

(NOT CLOSE ENOUGH TO MIC) If you look at the instrument survey, it’s

really not to scale. It’s really...the way that it is show on the instrument survey that was

provided by the applicant, that location is much closer to the road than it actually will be. I want

to make sure that the applicant is aware of that because it is not that much of an angle as they are

depicting on the survey, or it won't be.

Corinne Mansfield

Lam sorry our contractor drew that up.

Donald Hauza

I don’t want you back in a half a year and say, well our contractor.............

RESOLUTION 24-0057 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at 823 Bannerwood Drive.

Applicant Corinne Mansfield is requesting an AREA

VARIANCE to allow a front setback less than what is

required 320 feet where 35 feet is required associated

with the construction of a 672 SF attached garage addition

lo an existing single- family residence on a 0.63-acre

parcel having SBL# 081.01-1-75 located in an R-2 Single

Family Residential District under Section 350-11 of the

Code of the Town of Webster which was seconded by

Michael Short.

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire August 13, 2025.

Pg. 199 August 13, 2024 Zoning Meeting

« APPROVED AS PRESENTED: 32” (EAST) FRONT SETBACK

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

(Corrine Volo read the seventh application)

ANNA CIRCLE IN GROUND POOL

Located at 36! Anna Circle. Applicant Brandon Sosa is

requesting AREA VARIANCES to allow a side setback less than what is required associated

with the construction of a 16° by 40° in-ground swimming pool on a 0.34-acre parcel having

SBL# 050.04-9-16 located in an R-3 Singse Family Residential District under Sections 350-12 &

350- 46 of the Code of the Town of Webster.

Appearing before the board was Brandon Sosa at 361 Anna Circle. I am looking to install a 16°

by 40° inground pool in our backyard and seeking an area variance for the side setback.

Michael Short

Side yard {5’correct, and based on this to the water fine ts 14.3 feet and I think

when I was there, we were talking that the waterline was going to be 15’

Brandon Sosa

When we had the pool contractor come out and measured it 15° it was fine and |

started doing it on the plat map and it was off by 9” so, T went with worst case scenario.

Michael Short

Ok and then the concreate on that end is 10°?

Brandon Sosa

Yes, that is correct.

Michael Short

Why that size pool and why that location?

Brandon Sosa

That size pool, we originally wanted a shorter and wider, but we ran into the

easement in the back of the yard so trying to keep the same area we went a little longer and a

little skinner. That location, we felt that maximized distance from our neighbors and also kept

a nice symmetrical fook for the back yard. A couple slides down, if you sce or if you move it

any other direction, you get closer to our neighbors than further away.

Michael Short

I think there ts one other with a rotation as well.

Brandon Sosa

That one is in the easement,

Michael Short

Why 40 feet?

Pg. 200 August 13, 2024 Zoning Mecting

Brandon Sosa

They way we were looking, the functionality of the pool, the shallow end and

then a deep end to get everything out of it we wanted. That was the only length.

Michael Short

Ok. How low is the shallow end?

Brandon Sosa

Oh, | don’t know off the top of my head. I believe it’s 10 fect.

Michael Short

They are literally all over the place.

Brandon Sosa

So, the deep end ts going to be 7 feet so it allowed a larger shallow end and that

should be close to accurate where the lines are.

Board members talking.

Michael Short

Ok. Any other questions from the board.

Corrine Volo

Could you swap the location um,.alight, how am I asking this question, | was

going to say can you flip it so that the shallow end is to the left of the pool as J am looking at it

in this view and then the wider concrete would be on that side which would give you

Qeeeeeee eee leave the pool in the same place and flop the widths of the decking on each end if that

makes any sense.

Brandon Sosa

Yes, so the undated plan, if you go to the other one Josh. We are actually

showing 10 feet on cach end so based off of kind of what we have been looking at and we have

10 feet on one side for sun ledging; tanning and lounging and the other side is to give room for

solar cover and kids jumping into the pool, so it wound up being symmetrical in the end.

Chris Centola

Are you going to have a diving board?

Brandon Sosa

No

Michael Short

Any questions from the board?

Board

No

Michael Short

Alright, we are going to open it up the public.

Bob Curtis and | live at 1474 Bushwood Circle: When you look at the lot, that has a point to it,

we live Kitty corner to Brandon at the point and we have no ebjection.

Brandon Sosa

| also forgot to mention that there is a signed affidavit trom my neighbor to the

side where the variance is, and they have no objection. (SEE ATTACHED)

Pg. 201 August 13, 2024 Zoning Meeting

Michael Short

That was in here as well. [do have an online submission that 1 will read from

Amy Delooze at 356 Anna Circle. (GEE ATTACHED) this will be part of the file. With that I

will bring it back to the board. Any other comments or questions from the board.

Chris Centola

Are you going to have to modify the fence to make sure that it meets all codes?

Brandon Sosa

Yes, I have already under agreement with the fence installer to add the correct

locks and self-closing.

Chris Centola

Self closing......

Brandon Sosa

Yes, all that stuff.

Michael Short

You are not removing the fence that will be in place will be in the same location

as the current fence, correct.

Brandon Sosa

Yes.

Corrine Volo

Josh, and you may not... didn’t know where to look for it. I know this board

granted side setback variances at 365 and I think at 367 or maybe it was across the street.

Josh Artuso

There were several,

Corrine Volo

I know at least 365 because I do remember that when the contractor placed the

pool incorrectly and it was a fix it variance. Contractor installed incorrect location, hence

requiring a variance for actual location.

(VIEWING SLIDES AND TALKING ABOUT SOMEONE ELSES VARIANCE) Repeat of

what was discussed above. Corrine and applicant speaking at the same Ume.

Corrine Volo

If its not ready available its ok. We have had similar conditions in that

neighborhood. The lots are .3 acres, they are tiny. It is a cluster subdivision

RESOLUTION 24-0058 Michael Short made a motion TYPE ITSEQR

which was seconded by: Donald Hauza.

VOTE:

Mr, Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

Pg. 202 August 13, 2024 Zoning Meeting

[

FINDINGS OF FACTS

Chris Centola

2.

wh

This request is not out of character in the neighborhood: As there are many residents with

pools in the back yard

There will not be a detriment created to nearby properties: Will not be based on he has

looked at other options, so T think he has minimized the amount of variances that he

required.

The benefit is not achievable by any other method: No

This request is not substantial:

There are no adverse physical or environmental impacts to the site or neighborhood: I don’t

think there will be any the neighborhood. He is asking for the minimum relief necessary

with his setbacks

The difficulty is not self-created

It is self-created, but it is a small lot so to put in something

lo enjoy your investment, I really don’t think that is a bad thing.

This ts not an undesirable change: Overall, | don’t think it is an undesirable usc.

This request is not significant:

Donald Hauza

The next door neighbor submitted a letter that did not object to the request.

Michael Short

We had neighbor in the rear come in with no objection as well.

Corrine Volo

It’s located on the easement side of the lot. There is an easement between 361 &

365 so that just gives it the illusion of having extra space between the pool and the neighbor.

Michael Short

With that, I forgot to ask earlier, you are nol going to be in the easement at all,

anyway, shape or form correct.

Brandon Sosa

No, not in the easement at all.

Michael Short

Ok.

RESOLUTION 24-0059 Michael Short made a motion to APPROVE THE

AREA VARIANCE Located at 361 Anna Circle.

Applicant Brandon Sosa is requesting AREA

VARIANCES to allow a side setback less than

what ts required associated with the construction of

a 16’ by 40° in-ground swimming pool on a 0,34-

acre parcel having SBL# 050.04-9- 16 located in an

R-3 Single Family Residential District under

Sections 350-12 & 350- 46 of the Code of the Town

of Webster which was seconded by: Chris Centola,

Michael Short

Is it the cast and the west side?

Pg. 203 August 13, 2024 Zoning Meeting

Brandon Sosa

It’s north and south.

Michael Short

The pool and deck will not be located in the drainage casement at all; the pool

water line will not be any closer to, is that the north, north line more than 14.3 inches and the

concrete will not be any closer to the property line of 4.3 feet. | meant to say 14.3 feet earlier.

Chris Centola

Did you say it was going to be 15 or just going 14.3?

Brandon Sosa

So, the plan is to center it on the patio and based off the numbers on the survey

map it wilt be 14.3

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire August 13, 2025.

e 4.3’ (SOUTH) SIDE SETBACK TO CONCRETE EDGE OF POOL; NO PART OF

POOL OR CONCRETE TO BE LOCATED IN DRAINAGE EASEMENT

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

(Corrine Volo read the eighth application)

WOODARD ROAD 38” BAY GARAGE ADDITION: Located at 1706 Woodard Road.

Applicant Carl Aquilina is requesting an AREA VARIANCE to allow a side setback less than

what is required associated with the construction of a 420 SF garage addition to an existing

single-family dwelling on a 2.0-acre parcel having SBL# 050.02- 1-28 located in an LL Large

Lot Single Family Residential District under Section 350-13 of the Code of the Town of

Webster.

Appearing before the board was Al LaRue with McMahon LaRue Associates and Carl Aquilina

who is the home owner is here with me tonight. We think that the proposed addition we are

looking for a 6.5 foot side setback and I have calculated, and we have donc the survey, and |

have calculated a 14 foot by 30 foot proposed addition would yicld about a 6.92 or 6.99 side

setback and 6.5 gives us a little bit room during construction or whatever so we have added a

little snuff in there. We don’t think that the character of the neighborhood will be changed at all

by this and in fact, the new garage will be setback 8 feet from the existing garage and there is a

pretty prominent tree stand to the south protecting the neighbor so other than that it looks like a

good location and there is no other way to put the third car on this. So, with that, | will turn it

over lo any questions you may have for me or Carl.

Py. 204 August 13, 2024 Zoning Mecting

Carl Aquilina

Ok, I just want to say one thing basically, ] am 122 feet behind. This addition

will be 122 feet behind my next door neighbors house. He is not objected to it.

Michael Short

Thank you. I was out at your site yesterday and you really don’t have any other

place to provide this addition. You are kind of sandwiched in on the property if you will and

you have a fairly large drop off, off to the east side of the property as well so and I appreciate

that you had it all stacked out for me so I could visualize were it would end up going. So, I do

greatly appreciate that. Height is it your intention to keep the height roughly the same height as

what your peak is of your current garage ts.

Carl Aquilina

Basically, it will probably be a little bit shorter because I have a window on the

east side on the existing structure so it might be 512 or it might be 5 % 12 but it is going to be

within that range. That is why I set it back so far so | would miss the window.

Donald Hauza

Are you intending on keeping the shed in front of the proposed addition? In

front of your house. (NOT CLOSE ENOUGH TO THE MIC)

Carl Aquilina

Yes. (BOARD MEMBERS TALKING AT THE SAME TIME) It is set up on

peers and it’s not connected to anything ------- foundation what so ever.

Donald Hauza

Do you have a variance for that shed?

Carl Aquilina

This was basically done 30 years ago.

Al LaRue

Preexisting, nonconforming.

Donald Hauza

I think we had an ordinance 30 years ago. | know we had an ordinance 30 years

ago. How casy ts that to relocate? (HAND OVER MOUTH)

Carl Aquilina

1 would have to slide it off of the peers that it’s on and drag it around the back of

the house going to the west, Fim sorry, going to the cast. It would be a litte impractical because

I would have to bring it about 200 feet.

Donald Hauza

| would like to have this conform. Either by relocating the shed that’s in front

of existing house or have the applicant apply for a variance for that shed to make it comply.

My preference is, you know, if they have equipment to butld the addition to utilize that

equipment and maybe move itin the back. If, he possibly can. Other option is to apply for a

variance.

Josh Artuso

There are two sheds...........c0. cease ee

Chris Centola

SPEAKING OVER..........0..00......

Pg. 205 August 13, 2024 Zoning Meeting

Donald Hauza

I wasn’t even going (o get to that one because that one looks like it’s falling

apart,

Corrine Volo

It’s open in the front because it is the fire wood storage.

Al LaRue and Carl Aquilina having a discussion.

Al LaRue

We are talking about the shed right now. There is a slope on the east side of the

existing home, and it wouldn’t be very easy to move that or slide that shed....

Michael Short

You would have to do it before the construction started because you could

move it to the west side of the house.

A! LaRue: Oh, before the construction, I’m sorry. I am Jooking at it built but it is not built so

you could slide that back like that, behind the house before construction,

Carl Aquilina

That is possible and that is the only way that I could get it back there.

Donald Hauza

It would be appreciated. EVERYONE SPEAKING AT ONE TIME. I would

like to make that a condition that it complies with the ordinance.

Al LaRue

Carl agrees that he will slide that back prior to construction of the addition.

Michael Short

| will open it up to the public.

Bryan Bishoping at 671 Willow Lane: 1 am here representing the property directly to the east

and my only concern ts what if, after the structure is completed, the addition is completed, how

do you get any equipment in the back yard to maintain a septic system, Other than that, if there

ig away te make things happen than no objections.

Audience member; (NOT CLOSE ENOUGH TO THE MIC) Lam that owner to the east and you

don't show the property stake up by the road and if you look down through the rock wall and

the wood storage are on the property line on the west side of our property. See that posted

sign? Right in there is where the GPS survey was done. There are two stakes missing up

further but...

Someone speaking from the audience.......... CAN NOT HEAR.

Donald Hauza

What ts your question sir? That the survey stakes are

Audience member

(owner) 1 an just saying that the only one that! can locate right now is the

one by the posted sign.

Pg. 206 August 13, 2024 Zoning Meeting

Bryan Bishoping

So, the only issue would be, in the future after construction, getting

equipment into the back yard.

Carl Aquilina

Basically, what 1 would like to say is, it’s an access road. To the east of that

access road and there is still 15 feet of road way going back . To the east of that is a 100 foot

easement because the water pipeline went through for the water treatment plant, and it is not

obstructing anything. The pins that have supposedly been removed by me, have never been

touched. The stakes have rotted out and have fallen down. I am not going to replace the stakes.

I did not touch the pins.

Al LaRue

When we did a survey for that piece to the east, and we put those stakes in the

ground, when we did Carl’s house, we found those pins and used them on part of the survey.

So, they are there but the wooden lath that marks them, it rotted out, but they are still there, and

we can always markers beside them so you can find them.

Chris Centola

And you have placed capped rebars along the eastern property line.

Al LaRue

Right, rebars with my name capped on it.

Michael Short

So, can you tel! me where your septic system is because I don’t see it identified

on the survey. Do you know where it is.

Carl Aquilina

My septic system is in the center of the back yard.

Michael Short

So, kind of dead center.

Carl Aquilina

Yes, I am at least 20 feet either way.

Michael! Short: But how far back from the house.

Carl Aquilina

(NOT AT THE MIC AND NOT LOUD ENOUGH) I would say about to the

---- it’s about 50 feet.

Al LaRue

Carl’s house is 19.36 feet off the property line outside.

Michael Short

I see that and how far off is the stone wall. The stone wall looks like it is

roughly on the property line. Maybe 2 feet off the property line if 1 had to guess but Lam

stricly guessing.

Carl Aquilina; COULD NOT HEAR WHAT HE WAS SAYING.

Michael Short

The stone wall on the east side correct.

Pg. 207 August 13, 2024 Zoning Mecting

Al LaRue

We did not locate it.

Cari Aquilina

I would say that is at least 8 or 9 feet back and like I said, it is not obstructing

the roadway going back. It’s on a slope-----house.

Chris Centola

It also appears in front of the wall that protrudes to the east like where Josh is

pointing to right now. I didn’t check that out at the time because [ didn’t think it was pertinent

when I went to visit the site, sorry.

Michacl Short

Mr. LaRue, did you....in the survey that I have here it indicates the and lam

calling it a fire wood shed, you did locate that.

Al LaRue

We did.

Michael Short

So again, looking at the photos here and again, perspective changes things

obviously but it looks like the stone wall is roughly in line with the back of that shed roughly.

Al LaRue

That is what it looks like in the photo.

Michael Short

Plus, or minus. How would you propose to service your septic system in the

rear of your house with the addition,

Carl Aquilina

(NOT USING THE MIC) We drive down back down the driveway which is on

the west side, he runs his hose out, so | am not on anyone’s land at that particular time.

Michael Short

Ok. | am going to ask a silly question here Josh. Septic systems are allowed in

the front property.

Josh Artuso

The town actually does not regulate septic systems it is the County Health

Department.

Michael Short

So, if a new septic system was required and the applicant did not have access or

permission from anybody to use their property to get equipment, he could put it in the front

yard if he needed to.

EVERYONE TALKING AT ONCE

Michael Short

Another option would potentially be putting a garage door on the back of, on

the back of the addition as well to be able to do a drive through if you had to, is that something

you would be open to.

Al LaRue

Yes, he could do that.

Pg. 208 August 13, 2024 Zoning Mecting

Chris Centola

The other thing is to; ] wouldn't expect that shed to outlast the septic system ,

Michael Short

No. Lam assuming that shed won’t last long.

Donald Hauza

We are speaking about the wooden one, correct.

John DeMarco

Is the party that is opposing this is that what the concern is or is there some

other issues.

(NOT AT THE MIC) (OWNER) Fam just concerned about that lane way is our farm lane way.

That lane belongs on the farm, Yes, Monroe County Water got an easement to put in the water

line 5, 10, 6 years ago. Whatever is was, now we can work the farm but that is the lane for the

farm. It is not for everyone to use. My brother and 1 own the farm together now.

John DeMarco

Who else would use that land other than................

Audience member

(OWNER) a lot of people to drive back.

John DeMarco

To do what.

Michael Short

Horse around. They go through my way to and down my backyard as well.

Audience member; (owner) I is clear that that lane way is part of the farm. That's all.

Corrine Colo

Sir, I don’t know if we got your name and address for the record.

Audience member, (owner) My address is 19 Pierce Street in the Village, but Lam the one you

sent that card to at 1780 Woodard Rd is where the farm is located.

John DeMarco

Again, because I am not clear on this, how does the garage going up or down

impact the frequency of other people other than the applicant use the roadway.

Audience member

(owner) My address is 19 Pierce Street in the Village (James Bishoping) It

is private property,

John DeMarco

T understand but relevant to the garage approval, how does that impact......

EVERYONE SPEAKING OUT AT ONCE.

Michael Short

(DID NOT HEAR BECAUSE EVERYONE WAS TALKING) On one side he

wants to make sure that it is know thal there won’t be any access on the

John DeMarco

| understand that it’s just the applicant, but this genUeman concerned about the

rest of the public. I just don’t know whether the garage ts on the other side of the house.

Pg. 209 August 13. 2024 Zoning Meeting

Audience member

(owner) My address is 19 Pierce Street in the Village (dames Bishoping)

No, Fam not even worried about that.

John DeMarco, I just don’t understand it.

Michael Short

You concern is access in and the applicant using that............ EVERYONE

YELLING OUT AT ONCE.

Bryan Bishoping

It is not the vest of the public, it’s if a structure goes there and blocks that

path, another path is potentially going to be utilized.

John DeMarco

But how many times could somebody have a septic issue?

Bryan Bishoping

Do you have a septic system.

John DeMarco

Yes, I grew up on one yeah.

EVERYONE TALKING AT ONCE

Michael Short

I think we have made that point that basically the back side of the wood storage

on the east side of the wood storage is private property and not an access lane and the applicant

understands that , correct.

Al LaRue

We acknowledge that.

RESOLUTION 24-0060 Michael Short made a motion TYPE IT SEQR

which was seconded by: Corrine Volo,

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

Donald Hauza

The application in front of the board is asking to build a garage addition which is

not uncommon and especially within this area. They are looking to located that on the east

side.,.1’m sorry, the west side of the existing garage.

FINDINGS OF FACTS

Michael Short

1. This request is not out of character in the neighborhood:

2, There will not be a detriment created to nearby properties: There will be no detriment

created to nearby properties. The owner has acknowledged that the parcel to the cast is 17

Pe. 210 August 13, 2024 Zoning Meeting

feet off the rear of their wood shed is private property and the access road to the rear of

their house. The neighbor to the west has not provided any objection so their will be no

detriment created to nearby properties.

3, The benefit is not achievable by any other method: It’s really not achievable by any other

method. The garage, the current garage is on the west side of the property, and this is

adding an additional bay on the west side of the property. On the east side there is an

elevation change as well as further away from the garage, far away from the existing

garage. So, really not feasible.

4. This request is not substantial: It is adding to the existing house. The house is already about

120 feet behind the closest residential house/neighbor.

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

being so far back and the plans that were submitted are going to mimic the current house

as currently submitted.

6. The difficulty is not self-created: Where the house is located the difficulty is really not self.

created it is to be able to make the addition. They would have to go into the side setback.

7. This is not an undesirable change: Not undesirable being so far back and the style of the

addition.

8. This request is not significant: Is not significant.

RESOLUTION 24-0061 Michael Short made a motion to APPROVE THE

AREA VARIANCE Located at 1706 Woodard Road.

Applicant Carl Aquilina is requesting an AREA

VARIANCE to allow a side setback less than what is

required associated with the construction of a 420 SF

garage addition to an existing single-family dwelling on a

2.0-acre parcel having SBL# 050.02- 1-28 located in an

LL Large Lot Single Family Residential District under

section 350-13 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,

e That one-year significant construction shall expire August 13, 2025.

e APPROVED W/ CONDITIONS: 6.5’ (WEST) SIDE SETBACK;

e MUST RELOCATE FRONT SHED TO REAR OF RESIDENCE; GARAGE

ADDITION TO HAVE (2) GARAGE DOORS FOR ACCESS TO REAR YARD

eo

There is an existing shed in front of the residence that will need to be moved to

moved to the rear of the residence and a garage door both on the front and rear of

the garage addition will be required for access to the rear of the property.

Pg. 211 August 13, 2024 Zoning Mceting

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola AYE

ADMINISTRATIVE ITEM:

¢ No Minutes were approved.

¢ Since there is no further applications before the Board Michael Short adjourned tonight's

meeting at 8:45 p.m.

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

OCT 9°24 9H10:10

FILED WEBSTER TWN CLK

Pe, 212 August 13, 2024 Zoning Meeting

End of document