Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

Michael Short Donald Hauza

Corrine Volo John DeMarco, Attorney

Dan Lagoner

Chris Centola

Rich Feola

James Spampinato

Kyle Taylor, Attorney

Katherine Kolich, Recording Secretary

Josh Artuso, Director of Community Development

2024. We have two tabled matter and three scheduled matters, and we have proof of legal

publication.

Call Roll

Pledge of Allegiance

Summary of Application Outcomes

TABLED MATTERS

:

1599 RIDGE ROAD SINGLE FAMILY RESIDENCE

671 WILLOW LANE ACCESSORY STRUCTURE

SCHEDULED MATTERS

:

1246 STAFFORD CRESCENT GARAGE ADDITION

FROM MONROE WATER AUTHORITY

Pg. 78 May 14, 2024 Zoning Meeting

633 F INCHINGFIELD LANE SHED

941 GRAVEL ROAD SPECIAL USE PERMIT/MAJOR HOME OCCUPATION

REVIEW

APPLICANT HAS 60 DAY TO FIND OTHER MEANS OF STORAGE FOR BUSINESS

EQUIPMENT

941 GRAVEL ROAD PARKING OF RECREATIONAL VEHICHLES

(Corrine Volo read the first application)

1599 RIDGE ROAD SINGLE FAMILY RESIDENCE: Located at 1599 Ridge Road.

Applicant Joe Barone is requesting AREA VARIANCES to allow front and side setback less

than what is required associated with the construction of 1,508 SF single family residence on a

0.62-acre parcel having SBL# 080,02-2-32 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 Dan Pieters and J am the architect involved in this project and

we appeared before this board a couple months back. Last time we were here, we presented

essentially the same plan with some adjustments that ] am going to talk about. I did hand out an

updated folded plan that is in front of you there. I also, so you know, it included from the

Department of Health for the septic system that designed as well as a footprint of the house plan.

It is just a mirror image because the last one I gave you was the wrong one. So, this one is the

right one.

So, the adjustments that were done last time when we were here the septic system was planned in

the south portion of the property which would have been within the floodplain. There is a

delineated kind of grey snake looking line that is on the property there, whoever is navigating,

thank you. The house itself is the shaded-out rectangle looking piece there and that is in the

same position that we showed last time

66. Something feet, I can’t remember and see that far but

the setback off the road is 60 so we are not asking for a variance there. The septic system was

... which last time was designed south of the house is not in the front of the house, north of the

house. You can see where the line comes out of the house into a 1250 tank and then the

delineated leech area that has all been submitted to Department of Health and approved based on

that paperwork, I gave you and the ask tonight is similar to last time is side yard setback variance

so instead of the 15 feet, it is the same numbers that this plan shows this last time, so we are

asking for leniency on the two side yards.

Pg. 79 May 14, 2024 Zoning Meeting

With me tonight, I forgot to say, Shawn Feco, he is the owner of the property and Joe Barone

who [ am assisting as the applicant.

We did load the house closer to the east than the west because that is where the majority of the

utility lines are going to be coming through, so we thought we needed the room there, so we

were not digging on the neighbors property.

concern with building in the protected FEMA flood way at this point or is there anything that

you are doing.

means and methods that we are aware of that we have to build. I will state, it is not part of this

application but the owner likely is going to re-delineate and it has not been confirmed he is not

sure on that, and we are trying to get an idea of time and process. We are asking for approval as

this sits. It is understood that if he leaves the delineation the way it is currently shown he will

have to build the house per standards within a floodplain.

7.86 on the west; 5 feet on the east; and then 66.36 front setback now as opposed to what was the

previous house.

house, you don’t mean the existing house?

bit, the original house was in the 35-foot range and that is off the west property corner which is

the closest one. From the east property corner, it is further away.

Pg. 80 May 14, 2024 Zoning Meeting

delineated on your plan, would the grading change at all. You would raise the grading or just the

house itself.

trying to get out of potentially a wet area but the grading that we determined is just going to keep

anything away from the house. It’s not going to be graded and I would think plus or minus 10

feet around the house perimeter. The intention is not to go regrade the whole site.

Ok, seeing none we will bring it back up to the board. Is there any other questions that the board

may have?

RESOLUTION 24-0032 Michael Short made a motion for TYPE II SEQR

which was seconded by: Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza ABSENT

Mr. Lagonor AYE

Mr. Centola AYE

Mr. Feola ABSTAINED

Mr. Spampinato AYE

or...

flood plain permit that would be issued by our office.

that require to submit to DEC for a permit.

Pg. 81 May 14, 2024 Zoning Meeting

;

RESOLUTION 24-0033 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at 1599 Ridge Road. Applicant Joe

Barone is requesting AREA VARIANCES AS

setback; a front setback of 66.36 associated with the

construction of 1,508 SF single family residence on a 0.62-

acre parcel having SBL# 080.02-2-32 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:

Dan Lagoner.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza ABSENT

Mr. Lagonor AYE

Mr. Centola AYE

Mr. Feola ABSTAINED

Mr. Spampinato AYE

CONDITIONS:

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

Building Permit and flood plain development permit.

e That one-year significant construction shall expire May 14, 2025.

(Corrine Volo read the second application)

671 WILLOW LANE ACCESSORY STRUCTURE: Located at 671 Willow Lane.

Applicant Bryan Bishchoping is requesting AREA VARIANCES to allow a side and rear

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 of Webster.

Appearing before the board was Adam Cummings and I am the Engineer for the project and

helping out my friend Bryan Bishchoping who is the applicant and owner of this property. So, 1

don’t have anything else to add on those two variances that we have on there. It is a unique lot

and since it is a corner lot with tow intersecting roads so they always present unique challenges

since there is not real back yard or no real lot, there is always two front yards and two sides.

We did look into making this accessory structure code compliant but that would push it to the

back or further to the west part of this property and that is where the overhead power lines are

Pg. 82 May 14, 2024 Zoning Meeting

that feed the building so as the application states, it is deemed to be unfeasible because the cost

that would be incurred to move such a service line and I would like to note that the plan is to

remove the existing shed that is in the same location. That has been there for decades, and this

would replace that. The other variance part is to have it further than the back plane or the rear of

the building plan so having that a little pushed forward it is still not beyond the front of the house

so there wouldn’t be a front setback variance which is why that is not listed there, and J don't

have anything else to add other than any questions that the board may have.

is not nearer to the front property line than the rear line of the main residence. Which is the

wording of your code here in town,

this couldn’t be attached to the existing house so that than at least than the side setback variance

would not be required as well or the....

architecturally is a lot more different just to attach it onto the existing garage and then in terms of

the side, it could be pushed further to the south but to minimize that one, but the thought was

there is already an existing structure at that point. There was an original conversation with the

Code Enforcement and Building Department here to push it closer to the property line but that

wasn’t deemed to be wanted by the applicant and really didn’t want to push it to the 3-foot

threshold that would require a state variance so 5 foot was agreed upon and looks similar to a lot

of the other accessory structures that are in the neighborhood. I counted a least 7 from when I

went around the neighboring streets in the area.

instead of...and starting to ............. 20 feet plus or minus off of the house and 57.8 to the

property line not to the structure itself.

15. Michael Short: I] guess my question is, did you guys explored moving it closer to the house

further away from the property line .

wooden shed there.

Pg. 83 May 14, 2024 Zoning Meeting

is, Lam, that is certainly the prerogative of the board if the to deny it in terms of that, he still

could still shift it and hoping with that location in terms of proximity to it’s a location with

the...it’s a strange one , no nearer to the front property line then the rear line of the main

residence. So, meaning it could be shifted to the south if that other variance was granted but the

applicant would like to pursue this location. Once again, the other original one it is code

compliant but as soon as the overhead lines came in, we didn’t deem it to find full code

compliances as a viable option.

then the rear line or the footprint of the main building of residence. So, as we currently have it

situated now. The front of the proposed garage is in line with the front of the house vs pushing it

back. We do have the overhead power lines. It has been about 4-5 weeks since I been out there,

but it is also feasible to push that back .

be pushed back the 25 feet in line with and the dimension line says 7.8 and that is pointing to the

back side of the building . That whole building would have to be pushed back 22 feet and that is

still close of proximity for the overhead powerlines .

use the structure for?

storage items. He does have multiple snow mobiles; lawn tractor; and he has some neighbors

asking if they could, or if he could, move some of his items to not be out on the lawn so this

would provide him storage for them to get them out of there but no plans for a driveway.

It is really just a, for a lack of a better term, it’s called a garage but it’s an accessory structure,

but he would drive his tractor in there.

overhead line is it possible to shift it back from the front setback of the house. I don’t know 5 or

8 feet or so it is just a little further back.

Pg. 84 May 14, 2024 Zoning Meeting

Jane Armantrout at 670 Williow Lane: (GAVE PRESENTATION, SEE ATTACHED)

Tom Sorrento at 1239 Cloverwood Lane: This is around the block from where I live, and the size

of this structure is my biggest concern. There is no structure standing in our neighborhood of

this size and magnitude and the fact that utilities lines would have to be moved because it is 2-

story. That is a massive freestanding building that I think would be an eyesore for our area and

that is my biggest objection. It’s a huge building that is freestanding and tt really should be an

attached garage in my opinion to match the rest of the netghborhood.

the variance, Once again, his preference is to put it where it is. Its more symmetric; it lends itself

to it but yes, it can be pushed back a little further.

it on the site is the garage door going to be facing Willow Lane or is it going to be facing the

back property line.

Michael Short? So, is there going to be a driveway then that the applicant is going to be seeking

to be able to INAUDIBLE?

and if he had to pull in his snowmobile trailer, he would just put that across the lawn as well. Just

like he is doing right now.

address anything.

point out and remind of everybody that we are here about the variances, and I appreciate what

the neighbors are saying about the height of it but it’s code compliant. The square footage of the

Pg.85 May 14, 2024 Zoning Meeting

My Name is Jann Armantrout of 670 Willow Lane, neighbor

across Willow Lane from the subject property. Thank you for the

opportunity to address the Board regarding the application to the

Zoning Board of Appeals by Bryan Bischoping, of

671 Willow Lane, Lot 44 tn the Lakedale Subdivision. Mr.

Bischoping ts seeking to erect a 500 square foot standing

Accessory building on his property, which is located directly

across the street from my home and is requesting multiple

variances for the proposed accessory structure.

Monroe County is known nationally for its well planned, well

preserved, beautiful suburbs. Webster is rated in the top 10 of

Rochester suburbs for the reasons we know, having chosen to

live here. The Lakedale subdivision began to be developed by

Krautwurst and Little tn the late 60's. It is now a charming

neighborhood with middle class, affordable homes, mature

landscaping, and well-maintained properties, with the property at

671 Willow being the exception. Planning and zoning have

allowed this to continue to be a most desirable neighborhood by

carefully evaluating variance appeals and enforcing code.

Area Variance:

Two area variances are being requested.

In his documentation, Mr. Bischoping suggests that there will be

no undesirable changes in the character of the neighborhood and

no detriment will be created to nearby properties.

In fact, the proposed project will create undesirable changes and

will be a detriment to my property, specifically.

This neighborhood ts zoned residential and looks residential. The

construction of a 25'w x 201 x 20h outbuilding will cause Mr.

Bischoping s property to look even more commercial than tt

already does, in contrast with the rest of the neighborhood. Mr.

Bischoping is also proposing to violate 350-36.A.(1), from which

he has not requested a variance.

Should the plan be approved, the direct view from my living room.

front porch, and front gardens will be a house in need of upkeep

with an attached garage, a deteriorating Airstream trailer that has

not moved in 30 years and does not have a license plate in

violation of Town Code Chapter 324 Sections 2 3 and 4, a slab of

concrete and 20 feet of siding, 20 feet high, with no windows. This

is not compatible with any other property in the neighborhood and

suggests that the proposed building may be used to operate a

business.

Further, the late afternoon sun will be blocked by the building

causing lack of spring and summer sunshine in my side yard and

gardens as well as impacting my neighbor to the east, across

Millcreek. In Webster, sunshine when it is available, is important

The applicant contends that “accessory structures and utility

sheds are common in the area.” Common perhaps. numerous not

so much, and none approaching the 500 square feet that is being

proposed. As the existing sheds in the neighborhood do not

appear to be over 200 square feel, the applicant is requesting a

150% variance from existing allowances. To my knowledge, there

are no accessory buildings within the development, only ulility

sheds.

In the “Physical and environmental conditions” section of the

application, Mr. Bischoping contends that the neighborhood would

be improved by the placement of this large building where it is

proposed, as it would provide screening of recreational vehicles

and rubbish that currently exist on the property. | am less than

confident that the work trailer, , snowplows and other various and

sundry items will be removed from sight, particularly with the

large, recently appearing construction equipment on the property.

| have two other concerns that | wish to share with you.

The applicant has submitted signatures from my immediate

neighbors that voice no objections to his plans. Of course, he did

not approach me, directly across from his house. These are the

views from those neighbors’ homes.

The intended use of this building is questionable as one of those

neighbors told me thal, “Bryan has to have a place for his

business equipment.” | replied we are not zoned for business

Another elderly neighbor, a practicing Jehovah's Witness, told me

she only signed because she was told it was just a shed and was

horrified to learn that she was misled into becoming a part of

government and politics, as it is incompatible with her religion.

Most concerning though, a third neighbor, told me not to look

closely at the border between his and Mr. Bischoping’s property.

as he had business going with Mr. Bischoping. ! believe this

business was the placement of buried drainage pipes by Mr.

Bischoping last month, necessary for construction of the proposed

building. No permit was displayed.

The pipes empty into the storm sewer that discharges into Mill

Creek. As this drainage affects adjacent properties, |

understand that it should have had the scrutiny as described in

#1/ of the Shorl environmental assessment form, “Will the

proposed action create storm water discharge either from point or

non point sources?”

Mr. Bischoping referenced screening within his letter to the board

and maintaining the existing screening along the northern side of

his property. He has neglected screening on any other side of his

property.

How is the building to be accessed? The plans make no mention

of driveways, reinforced grass areas, or other turf reinforcement

for accessing the structure

My property ts in the floodway for Millcreek. In the 32 years | have

lived here, the volume of storm water and the size of the creek

bed have increased. Especially in Webster following rules for

stormwater management is particularly imporlant. This month an

additional small ditch was dug for discharge into the Willow Lane

storm sewers.

Call tt a shed, a utility building, a garage, a pole barn, all names |

have seen on documents, submitted by the applicant, this project

is not appropriate for the residential neighborhood in which it ts

proposed,

| thank you for the opportunity to convey my concerns to the

Board and | ask that the board consider denying his application

for the variances proposed

area, it’s code compliant so it is really difficult for the town to deny something that is code

compliant in that respect.

furthest we could back the structure up is approximately 5 feet just to give distance from the

overhead wires during weather and then....

story structure and this is not a utility shed and that is why I am calling it an accessory structure

for a reason but even if it was just 12 feet tall or 14 feet tall

the middle of it where it’s hanging, I can reach and touch it and then the whole point of the 5 foot

setback from the north property line is to push more of the structure into the existing hedgerow

that has been overgrown for 20-30 plus years which there are plans to, with other neighbors to

clean that all up but obviously I am not going to do that before the structure goes in place so it is

more to utilize 20 feet of space that was an overgrown hedgerow.

what has been written down, which we talked about trailers, tractors, and snow mobiles. What is

the second floor because you are not carrying them up the stairs.

lot of their stuff and my parents at the same time want to give me more stuff. So, yes, I want to

keep that stuff but I don’t have the room right now to store it right now so that would just

be...and the second floor is a pull-down stair and it’s not a permanent everyday fix it’s just

storage. Take stuff up and store it. Stuff that ] am not going up and down everyday to utilize.

the barn roof.

we heard that the neighbor across the street is in the floodway not just a floodplain but a

floodway that is the Millcreek water shed do you have a constant running sump pump? Is your

basement wet or is it conductive to storage down there?

is to get all the stuff that is currently outside inside and like you said, ] have three snowmobiles;

Pg. 86 May 14, 2024 Zoning Meeting

snow mobile trailer and yes, I do use that for helping out friends and moving there stuff if they

need to. It would be nice to get them out of the trailer and into the structure and then use that

trailer for other things.

architectural plans someone else did that and the plot plan was actually done by a survey firm

here in Webster by McMahon-LaRue so he is putting the investment in to actually find the

monumentation at each of his property corners so this isn’t just a guess of a plot plan these are

actual monumental corner points to know where his property boundaries are so he has put

significant investment into that and not just old tape surveys of measuring with dimension lines

about where the structure would do. So, he is definitely very serious about putting it in the right

place and making sure it is compliant and not having any issues.

finalized anything yet.

math on that and have not had that conversation of do we hit that 20-foot requirement. So, that

will definitely be met and there will be some windows and definitely going to be two doors and a

garage door.

personal belongings up above, you have two rooms on the first floor, what are the two rooms

for?

going to be used for .

to put my car in the garage currently. It is reworking things, but | think I can make this all

happen with this structure.

of times, attic space yes, two spaces inside, it starts to raise question.

Pg. 87 May 14, 2024 Zoning Meeting

is just INAUDIBLE floor. That’s all.

boat and it looks like probably an old car in the back plus the snowmobile trailer, things that are

perhaps eyesores to the neighbors, will those be able to be put inside of the building so the

outside of the property will be cleaned up.

the accessory structure. It is designed that way so that the garage door is large enough to fit the

boat in there in the winter and if I have to get my truck in there to work on it, everything can fit

the way that it is designed right now.

regulation, how far off the overhead lines, does anyone on the board know or do you guys

know?

the house is 5 feet.

Pg. 88 May 14, 2024 Zoning Meeting

would be the northwest corner and it is actually shown on the plot plan as the two power poles.

So, that is where Bryan said, that would be 10-foot separation and then horizontally from the

overhead powerlines, it’s 5 feet as they go towards the house.

property line. If 1 am 15, I can maybe go back | or 2 feet.

feet off that north property line, he can move it back further OR if he moves it to be more

compliant, to the north property line, that puts him closer to the diagonal so he can’t move back

as far to maintain that buffer away from the property lines.

feet closer to the house and if you move it 10 feet closer to the house, you can probably move it

10 feet back. Just based on the dimensions that are given on the plan that are provided.

AT THE SAME TIME)

on the 20 x

25. Chris Centola: He is referring to the one diagonal line that is OHP.

THE SAME TIME)

going to be exact as it is anyway. So, it looks like we can move it 10 feet closer to the house and

10 feet back. Again, ] don’t have exact dimensions with me but just based on what I am seeing,

that looks like it is feasible.

feet off the property line to the north.

Pg. 89 May 14, 2024 Zoning Meeting

enough, not to say it is predetermined decision by the board, but if it is granted, we want to make

sure to give a conservative estimate of what the dimensions would be because we wouldn’t want

to come back to the board if we were off by a foot or two on the variance request. So, just want

to make sure we are in on that with the compromise of shifting it. So, what I am getting at is

where you are saying moving it 10 feet each direction, west and south, we may want to go with 8

feet to give us 8 feet on each so that if those overhangs or the soffits do end up in such a fashion

that when the building department does the inspection and then finds out that the whole building

and [ am just stating from experience, then he would have to come back in front of the zoning

Board.

(BOTH PARTIES SPEAKING)

is within code; the size within in code; although I will point out, that the floor plan that is

provided is actually larger than 20 X 20-25 because your dimensions are from the center of the

wall not to the exterior of the walls. Small technicality and it is not completed, and you are still

working on that. So, 1 am assuming it will be 20 X 25 if the variance is granted but as the 8-foot

high and it’s actually talker than 8 foot on the second floor to the eave, is there a reason...are you

amenable to something lower? And again, you are within code so it is more of just a question.

considered an accessory structure, so 1 said OK, what is an accessory mean. Here’s what it gives

me.

for your dimensions, the house where the overhead power wires are attached is 23.3 feet deep

and the proposed structure is 25 feet deep.

snowplow guys, and I put those right in and in different spots and I know that the most if we are

15 feet off that property line, the most I can go back is 3 feet.

Pe. 90 May 14, 2024 Zoning Meeting

still have the PowerPoint open.

Zoning Board proposing for us to amend our application to minimize this or maintain it as we

have presented it and not that I am asking what your vote is, it’s just up in the air of what the

discussions have been had. I would like to ask the question to Bryan, of that, if shifting it to

the...to lesson it from 5 feet to say 10 feet off the or from the north lot line and once again if it

does get shifted a few feet back that would minimize, well, not to say minimize, I don’t want to

make it sound like it is set in stone, but moving it so that it is not as close to the road and making

it closer to compliance with being in the backyard even though there is no backyard on this

corer lot.

would think it could easily be !0 feet off of the north lot line and moved back 10 feet from the

front line of the building and still clear with plenty of swing room because | know powerlines

drape and swing in the wind, but | think that would absolutely fit. I prefer to see 15 just because

it will eliminates one variance but I also don’t want to cause an interference with the lines so I

don’t ......without actually having an INAUDIBLE in front of me, I’m not sure I can do better

than my sketch.

The hedgerow is going to be maintained just no in the space where the structure is. So, the idea

is to minimize the footprint in open space. That was the reason for pushing that forward.

to be some work being done to that hedgerow in the future at some point in time whether that

means reducing it, whether that means maintaining it, | can’t tell you what to do with the

Hedgerow so at the end of the day our focus is the accessory structure. So, I understand the

reason why you did it and I appreciate that. This middle Photo (SHOWING ON THE SCREEN)

of the items here, what is going to be stored inside the accessory structure.

that is around and, in the shed, currently.

Pg. 9! May 14, 2024 Zoning Meeting

BOARD SPEAKING OF ITEMS)

where he stores it on the driveway just like he is doing here.

cleaned up. Since this picture, the drainage was actually finished on Saturday with grass seed

and straw. So, just wailing for that grass to grown. So, yes, that could be it is a half second

picture right there.

much of this is going to get cleaned up because if we decide to move forward or however, we

decide to move forward, there is possible restrictions or highly likely restrictions will be placed.

Again, we want to understand what and what cannot and what your intent was.

paid for survey, shows that there is more room to move that shed both southernly and westerly at

least based on the drawing and doing the same exercise that both of you did, I did as well and

based on that it looks like there is room. Once again, we are not in the position to tell people

what to do, if they want to as for multiple variances, I think the applicant can make it easier on

themselves to eliminate at least one variance and then possibly even be a better neighbor and

make the building even more aesthetically pleasing. Once again, the plans do not show either of

those conditions, right now. So, my personal opinion is, if they really want to, I would like to see

them respond to not only our concerns of the setback but their neighbors concern about the

physical appearance of it. Even though | know they are in code, that is kind of I’m a nice guy

doing it. | know we can’t force them to add any type of architectural element to make it look

less than a huge shed. I am assuming il is going to be T111 on the outside or stain, maybe it is

and if it is INAUDIBLE to do that because it’s not illegal but at least as far as the drawings go, |

believe there is room and not living there, he may be right, they could have wild swings that we

are unaware of, that is not showing or illustrated well on the drawing.

Pg.92 May 14, 2024 Zoning Meeting

Unless they are telling us INAUDIBLE the ability to come back and show us that and if they

want to vote now, then whatever the applicant wants to do. I would fee! a lot more comfortable

seeing if some of those issues are addressed.

understand that?

plan...So, I point to those overhead lines like a jump rope so the widest part is going to be in the

middle, if the wind is swinging it as Bryan said, it’s 90 feet from the ground and those power

poles are usually 25-35 feet tall so therefore you have from the very top 35 feet and J will call it

25 feet since its residential. Then you have powerlines and then you have telecommunications;

the phone lines so on this one, he is saying that Spectrum which is going to be

telecommunication so that is going to be your middle tier not the bottom tier of that

INAUDIBLE pole so we will call it 6 feet down so now you are from 25 to 19 feet and you are 9

feet off the ground for the telecom ones so that thing might be sagging about 6 feet so therefore

when the wind whips it like a jump rope, you are going to have that 6 foot dip and it is going to

go sideways and then add 5 feet onto that so we are going to say from this line (SHOWING ON

PLANS} in the middle point, it can go diagonally to the north east 11 feet. Is that a fair enough

analogy to explain what happens with the (CHRIS CENTOLA SPEAKING OVER

APPLICANT)

want to place the corner of that shed.

the shed and that would be the closest we would go. (CHRIS CENTOLA SPEAKING OVER

APPLICANT) If we offset that | 1 feet

easier on themselves by eliminating one of the variances they are asking for. It makes not make it

easier on us, but you are asking for less relief INAUDIBLE to get approved.

Shorts is (LAUGHTER) So, it could be moved back about 8 feet back to the west to the

south... (CORRINE SPEAKING OVER)

Pg. 93 May 14, 2024 Zoning Meeting

based on our very inaccurate rough estimates or would you perhaps.....] guess there are two

things I'd like to see, If you were to table this until the next meeting and go back and actually do

real measurements as opposed to our blind dart , Um, how far back could the building be if you

maintain the 5 foot setback and then if 1 maintain a 15 foot side setback, how far back could it be

and then I know someplace within that window, it’s not going to get wrapped up in the utility

wires nut still be less of an imposition on the code and less of an imposition on the neighbors.

last month and due to the towns failure to public notice, he has already lost one month of time,

and | am not saying that to try and sway it, it is just want to voice his frustration that he has time

and money invested into this and now he is possibly going to lose a month. | just want to point

that out because I don’t have all the tools here to measure that out on this one, but I will propose

it to Bryan to see if he wants to hold off to get that more accurate to see how far we can get it.

So, if we get a decision tonight and they say no, you are done or....

measurements? Who can provide the measurements to you that you will accept?

where it becomes a danger to you and your family.

(EVER YONE SPEAKING)

dimension line?

much you can get away from the north property Jine and how far, if you can get it, back to the

west and then if he feels it’s something he can live with, submit it and say here’s where it is but

also just SO we can see it and everyone is aware of it because I agree with you, if you say it is 6

feet, you basically want to be 11 feet like we said INAUDIBLE and then you move that where

you think it works and then we will be in a much better position to feel comfortable bringing it to

a vote unless he wants to do that this evening.

Pg. 94 May 14, 2024 Zoning Meeting

as we can go and then we will bring it right up to the 15-foot setback (EVERYONE

SPEAKING)

those two places.

going to be a little less of a variance that you are asking for.

until next month pending this additional information.

Audience member speaking out loud and not at the mic.

Audience member still speaking from audience: When we come back next month.

Audience member still speaking from audience: And to talk about other contingencies on the

property about screening or whether the garage door is going to open INAUDIBLE

size of the structure is not required to go to the Planning Board, but the Zoning Board ts just

going to consider the setbacks that have been discussed.

Audience member continues to speak from audience : INAUDIBLE

require it to,

Audience member continues to speak from the audience: INAUDIBLE even though he is

crealing change to the neighborhood.

Audience member continues to speak from the audience: Last time I was here, there was a 10

foot fence that you all were having a lot of conversation about blocked views and that they

would have to be screening onto the fence so that INAUDIABLE, can we put those types of

Pg.95 May 14, 2024 Zoning Meeting

requirements in terms of screening because 20 feet this way and I realize there is money invested

but I have 32 years of investment in my property and that needs to be taken into account

INAUDIBLE decrease INAUDIBLE of my house and that is significant. There are other places

on the property.......

concems again.

RESOLUTION 24-0034 Michael Short made a motion te TABLE

APPLICATION TO 6.11.24 which was seconded

by: Corrine Volo.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza ABSENT

Mr. Lagonor AYE

Mr. Centola AYE

Mr. Feola ABSTAINED

Mr. Spampinato AYE

swinging power lines, I was looking at the ground when you come up with those two footprints,

if you could let Josh know and stick some of the flags in the ground and then when | come back

then [I can actually see it.

it’s a visual aid (EVER YONE SPEAKING )

the two different locations to show the differences. (EVERYONE SPEAKING OVER

APPLICANT)

for your time and the discussion.

Pg.96 May 14, 2024 Zoning Meeting

(Corrine Volo read the third application)

1246 STAFFORD CRESCENT GARAGE ADDITION: Located at 1246 Stafford Crescent.

Applicant Bob Peters is requesting AREA VARIANCES to allow a front and side setback less

than what is required associated with the construction of a 245 SF 3 bay extension to an

existing 2 car garage on a 0.41-acre parcel having SBL# 065. 13-3-60 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 Bob Peters and I am here to acquire a couple of variances to

build a 245 SF addition to our 2-bay garage to allow us a little more room to park some cars

inside instead of outside. We need two variances. We need one on the west side and it’s a 15

foot variance there and we need to be 9 foot closer and then and then in order to get the depth

in the back we need to come towards the road which is a variance of 50 foot and we have to be

4 feet into that which is 46 feet from that front setback and then other than that and I don’t

know if you have pictures there but | did hand in pictures of what it is going to look like. It sets

right into the house so it’s a beautiful rendition and J have an architect that has put it together

for me.

There were a couple things that I had to deal with Monroe County Water Authority. There is a

water main going right up threw there so I called them, and I settled that out and [ got them to

put together a license for me to build over into their easement area as long as I maintain so I

have that license for that side of it. So, really all I am looking for is a variance from the road

which is a 4 foot and then on the west side I am looking to be closer to that lot line. I can not go

back any further because the house is set but where the kitchen is there, and the windows are

there so I can’t go back to bring it back, but I need that 26 feet to be able to have the garage

door go up because I am going to have a two-car lift in there to store some of my older cars.

footer may not extend into the easement area however on this plan, if I am reading this

correctly, the easement is 10 feet off your property line, and it looks like you are building

within 9 feet, so you are going to be within, and the footers are going to be within the easement

and that contradicts what the email indicates.

something from them just in case it did build onto it and what they were concerned about was

the overhang on the building. They said, the overhand may be over the line even though the

footers are there, bul my over hand is going to go over.

property on their easement, so I wanted to get that license from there to make sure everything

was fine.

Pg. 97 May 14, 2024 Zoning Meeting

easement area, The roof overhand may extend into the easement area. So, what ts presented

to us right now, does not comply with the water authority.

to you from them with the licensing and everything that I have giving me permission to onto

their easement.

me, the Monroe County Water Authority. I have it here and it explains how I can go onto it.

OVER TO CHAIRMAN AND HANDS HIM A COPY OF THE MC WATER AUTHORITY

LICENSE/PAPERWORK) I believe the additional footage is stated.

ago and too a walk around and I think you started to and maybe you said it, the reason why the

garage or the reason why the addition as not be pushed back the 4 feet is why again?

and we kitchen windows that kind of stick out; we would have to revamp the whole house and

the structure and everything. It’s not feasible financially to do that.

garage would actually would not affect any of that. You would have a 12-foot courtyard if you

will, in that particular area so ] don’t Know if it would require any reconfiguration of the main

house.

going to do il. We are not going to take the structure of the house and upset it to have that

garage stick back. It’s just not feasible. I don’t know if you have a picture in there. I have a

drawing of what it looks like from the architect. | know, we went around to quite a few of the

neighbors, not just the side neighbors but 8 neighbors and explained to them what we were

doing, and they were all 100% for it.

submitted to water authority?

Pg. 98 May 14, 2024 Zoning Meeting

Authority, and he is the one who put these papers together. One of the things that we found out

when I went to the water authority because I knew the main was there is that they did not have

a recorded easement with you guys, with webster. It was never recorded when they put the

main through. So, I brought that up and they found that, so I had to sign a paper about the

easement so now there is a leg easement there and then when I got a little leery about

encroaching onto the side and into there easement, that is when we talked about a license and

then they came over at looked at it and they said no problem and then I got the license that you

see there.

car garages and the side easements. This would be the first one that is trying to move forward

beyond the 50-foot setback. Any questions from the board?

the email which the water authority indicated that the footers could not encroach on the

easement. I do see the license agreement that does permit a foot and a’ encroachment, but it

doesn’t distinguish between the footers and the overhang and that is why | was asking to what

you have submitted to as part of this INAUDIBLE (APPLICANT SPEAKING OUT)

ago. 1 had the print all drawn up and then I just decided not to do it and now I decided to bring

it back and so I am having it redrawn again and it’s not finalized yet. I have had discussion

with the architect, and he has done some prints for us here and I have to have......1 am going to

go out 9 feet from my original structure. That is what I need to be able to do what I am doing.

staked but I took the stakes out so that is what I am doing but then there is an overhang of, I

think it is 14 inches on the eaves so that would be 10 feet so that would go onto the easement

from the water authority. That is why I did the license with them.

Pg. 99 May 14, 2024 Zoning Meeting

constructed. You overhang itself would not... your overhang may extend beyond the footers.

The footers INAUDIBLE may be 24 inches wide so 12 inches behind and that would put you

at....if it’s 9 foot, you would be at....if the building was 9 foot the footer would extend another

foot beyond that, and your overhang isn’t beyond the footer your overhang is off the wall itself.

determine that, but it could be. 1 appreciate that. The drawings we have, or at least that I have,

don’t have dimensions for the overhangs; they don’t have dimensions for the footers. There is

a lot of information here that I don’t have. | personally would not feel comfortable making a

judgement on and for me, | definitely want to....again, we have the license agreement which

contradicts the license agreement that was said before. Me personally, { want that all cleared

up before.

water authority.

were very lenient and very considerate. They even said if you wanted to go more than a foot

and half, they would come back and re-write it. They were...(CHRIS CENTOLA SPEAKING

OVER)

be, and you are to resubmit that, I think is what..... am not trying to talk or speak for you Mike.

agreement that indicates that the footer and overhang is able to extend one and half feet beyond

the edge of the easement that would help me tremendously.

Pg. 100 May 14, 2024 Zoning Meeting

So, that is the side easement part, and we also have the front easement, and | don’t know if

anyone has questions on the front easement.

they are and it the way the house is laid out now and I don’t think it’s a major issue as far as the

front setback is.

the way across because...breaking it up tends to make it more less impactful.

don’t have any issue with the front setback areas.

application? None, ok we will bring it back to the board. I am proposing that, with your

approval, I propose we table this until we get the additional information, and we can meet again

on June 11 to discuss the matter with the additional information.

have builders set up certain days and nowadays if 1 miss the threshold INAUDIBLE.

tomorrow in the email and then you will have it so 1 don’t have to wait 30 days and now I don’t

even know that I can get the contractor now or | have to set it back another 30 days.

approved contingent upon receiving this letter with INAUDIBLE (BOARD MEMBERS

SPEAKING AT THE SAME TIME)

County Water Authority or is it the applicants duty to make sure he is in compliance with

Pg. 101 May 14, 2024 Zoning Meeting

Monroe County Water Authority for the easement.

want to go down.

what I am saying.

under town control. It’s another entity that....[ have no feeling for the water authority knowing

what they INAUDIBLE or.......

feeling, 1 don’t have an issue with it, so I think from a legal! standpoint it is not in our best

interest to do it, subject to.

RESOLUTION 24-0035 Michael Short made a motion to TABLE

APPLICATION TO 6.11.24 which was seconded

by: Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza ABSENT

Mr. Lagonor AYE

Mr. Centola AYE

Mr. Feola ABSTAINED

Mr. Spampinato AYE

(Corrine Volo read the fourth application)

663 FINCHINGFIELD LANE SHED: Located at 663 Finchingfield Lane. Applicant Jeremie

Mathias is requesting an AREA VARIANCE to allow the construction of an 8’ x 12” storage

shed placed in a wooded area beyond the boundary line created by the outer wall of the side of

the house on a 0.38- acre parcel having SBL # 065.1!3-1-87 located in 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 Jeremie Mathias. I own the home at 663 Finchingfield Lane as

the agenda indicates. 1 would like to build a shed on my property. Our property and you can

see from the survey that is rather a unique shape. The house is angled so the backyard is rather

small. We want to be able to put our cars in the garage and we have two children who have a

bunch of stuff and [| expect the amount of stuff to increase so | think we could really benefit from

the use of a storage shed. | would like to maximize the backyard area for my children to play.

Pg. 102 May 14, 2024 Zoning Meeting

We have a playset back there right now. There is not a lot of space that could accommodate a

shed back there and if 1 did put one back there, it would allow for minimal play area so because

of that, I was looking outside of the outer walls of the house as indicated on the agenda there is a

wooded area with kind of just the right size for this size of shed.

It requires an area variance because it is not directly behind the house so that is the bases for the

application. I did talk to most of my neighbors around the area and everyone I talked to is ok

with it. So, I welcome any questions or anyone that has any to ask.

and what is out there, I was not physically sure where it is going.

pictures that I believe I included with he submission.

woods essentially creates a line. There is a fence along that it’s like a metal kind of chicken wire

type fence to keep our smal! dog in the back yard. It would be right along that fence, so it is not

well into the woods, its right on the boarder of the woods.

determine when I was out there.

that fence is.

close to the corner of that fence.

Pg. 103 May 14, 2024 Zoning Meeting

Piron, Nicholas

a = a)

rom: NICHOLAS PIRON <ndp81@scarletmatl.rutgers edu >

attachments or clicking links, especially from unknown senders.

ee ee ee

~--------- Forwarded message ---------

wo eeeenn=- Forwarded message ---------

Hey Jeremie,

Thanks for letting me know about the shed you are looking to putin the area behind your house. [dont have any issues or concerns

with where you are planning on putting the shed. Thanks

Chad Williams

(662 Finchingfield Lane)

Jeremie R. Mathias

jerenviemathias@ gmail.com | 585.472.1388

Piron, Nicholas

[ sen Monday, April 22, 2024 355 PM

attachments or clicking links, especially from unknown senders.

Pe ee A ee te Re et Me ie Me

~--+~----- Forwarded message ---------

...--.-» Forwarded message ---------

To whom it may concern. As the owners of 666 Finchingficld Lane Webster NY, 14580. We give our full

support and are in agreement of The Mathias family , owners of 663 Finchingfield Lane, to their desired

location of shed location.

Sincerely,

Matthew and Kristin Corsi

Jeremie R. Mathias

jeremiemathias(y emailecom | 585.472.1388

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

a

yard ready for kids to play in, I don’t believe it is a significant request to ask.

6. This is not an undesirable change: I don’t believe the applicant or application presents any

type of undesirable change to the character of the neighborhood as it is based on the shape

of the lot and the way he needs to use the lot; I don’t really think there is any other remedy

to allow his kids to play and for the shed

location.

7. This request is not significant: I don’t think the variance is significant

corner lot, it’s a “curve” corner lot so most of the usable space of the lot is actually the north side

yard so the backyard is minuscule, and I don’t know that it would actually fit well in the

backyard and meet code.

RESOLUTION 24-0037 Michael Short made a motion to APPROVE THE AREA

VARIANCE Located at 663 Finchingfield Lane.

Applicant Jeremie Mathias is requesting an AREA

VARIANCE to allow the construction of an 8’ x 12’

storage shed placed in a wooded area beyond the boundary

line created by the outer wall of the side of the house on a

0.38- acre parcel having SBL # 065.13-1!-87 located in 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: Corrine Volo.

VOTE:

Mr

Mr

Mr

Mr

Mr

Mr

Mr

CONDITIONS:

. Short

s. Volo

. Hauza

. Lagonor

. Centola

. Feola

. Spampinato

AYE

AYE

ABSENT

AYE

AYE

ABSTAINED

AYE

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

Building Permit.

e That one-year significant construction shall expire May 14, 2025.

Pg. 105 May 14, 2024 Zoning Meeting

(Corrine Volo read the fifth application)

941 GRAVEL ROAD SPECIAL USE PERMIT / MAJOR HOME OCCUPATION

Board of Appeals is requesting a review of the special use permit and approval conditions to

conduct a major home occupation associated with a landscaping and excavation business ona

2.09-acre parcel having SBL # 078.16-1-1.1 located in R-3 Single Family Residential District

under Section 350-103 F of the Code of the Town of Webster.

Appearing before the board was Kevin Feor. I am good friends with Tim, and I am here

assisting them this evening. Would you like me to give you a brief history of the property with

the special use permit at the time?

the property, correct.

you will have an opportunity to respond.

SPEAKING LOUD ENOUGH) | am going to speak on the violations of the property that are

strictly involved with the special use permit that was granted a couple years ago. VIEWING

PRESENTATION AND GOING OVER VIOLATIONS; NEXT SLIDES- PARKING OF

COMMERCIAL VEHICHLES; REVIEWING SPECIAL USE PERMIT LIMITATIONS THAT

WAS GRANTED TO APPLICANT IN 2011. 1] can go over each one of them. (JIM READS

THROUGH ITEMS) Now we will be going over the violations that ] have observed on the

property. (VIEWING, VIOLATION OF CONDITION #4) So on the right, you can see clearly

that there is a bobcat on the property and on the left, you can see a backhoe and dump truck.

Next is a video showing two employees or two people who are actively shoveling materials into

a truck. They actively shovel into the truck for the next minute and half .

GOODS OR MATERIALS. This ts a general condition not a specific condition that the board

sel, it’s a general condition in our town code. “There shall be no exterior display or storage of

goods, materials, equipment or inventory” as you can see clearly there are all of those as the

pictures I have provided. NEXT SLIDE, again, going further in you can see the materials

showing in the picture circled in red. NEXT SLIDE, and then the equipment shown, and the

materials shown as well. There are bags of concrete and a large pile of gravel on the right.

Pg. 106 May 14, 2024 Zoning Meeting

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NEXT SLIDE, REVOCATION OF SPECIAL PERMIT- (? CAN NOT HEAR CLEARLY) I just

want to let the current residents today and those who are watching on the board to note, this

board has the power to revoke this special use permit by reading the two paragraphs that goes

into details that is INAUDIBLE insubordinate in the past.

equipment which is supposed to be undercover ...

compliant, he addressed it. He has never been to court because he refused to put his equipment

undercover or remove any stored materials.

PARTIES SPEAKING) Tim needs to comply with this...

Pg. 107 May 14, 2024 Zoning Meeting

is to be done at night, this is during the day. I mean all my equipment has been stored in the barn

at night.

was to store it in the barn at night. It was to be stored in the barn.

didn’t realize that. That is my fault, I apologize for that.

do with either dirt, stone, or his equipment not being in a building?

(APPLICANT SPEAKING AT THE SAME TIME) and other components as well.

do have a permit for, and | was told that the one neighbor was going to put up another fence so I

stopped progress of re-installing the fence so that is what the concrete was there for.

automatically dictate for his business it could be for residential use ok, I am not making a claim

one way or the other, I don’t reside there ok, but my point is that every time that he has been

cited, he has been more than cooperative and immediately addressed the situation. Which is why

he never ended up in court.

appearance ticket.

adjourned.

Pg. 108 May 14, 2024 Zoning Meeting

surface that it was fine, but it has been sitting in there for years.

for the property line.

too wet to get back there, or you are going to make a mess.

against this property? Please state your name and your address.

Sandra Brzoza at 937 Gravel Road: So, we are the neighbors right next door, we have no issues.

Joe Biehler at 955 Gravel Road: INAUDIBLE National Guard and I live right next door; no

issues and I don't have a problem at all with that property. No noise issues and don’t see any

curb side issues of appeal. I support them and continue to what they are doing. They are making

an honest living, thanks.

Jonathan Bernard at 951 Gravel Road: The images that were taken of Mr. Bestor’s back yard,

the greenhouse that you can see physically in the backyard there, I have a direct line of sight in

that area and as far as my concerns, Tim has been good about taking care of the general area. I

have been there since 2013 and have had no issue with him working back there. His time that he

spent caring for that yard, he has done what he can obviously to maintain his business and also

maintain the view that we have with his property and even to go so far as building a property

line and the berm that is on our side obviously and putting in the arborvitaes in there in order to

help with the visibility on that side. 1 believe he has done his part to work well as a good

neighbor and Lam in support of him.

John Barry at 949 Gravel Road: I have been a resident of Webster for 39+ years and I have

known the Bestor’s for 20+ years as my neighbor and I saw them when they moved in before

Pg. 109 May 14, 2024 Zoning Meeting

they had kids. I recognize that they were a young married couple, very hard working. | would

see him leave in the morning and not get back until dark, around the clock seven days a week, I

know that he has had a few different opportunities to work in other fields. [ happen to bring him

to my place of employment to try and get a job when he was in between jobs. I know he work for

Mr. Feor, and I know he struggled for a good many years as a self-employed businessman and I

am happy to see that he has improved his business, and I don’t find a problem with him having a

business and Llook right at his yard; I look at his barn; it's a well-kept piece of property. He

has, as Jonathan said, he put berms up with arborvitaes up to hid some of the businesses that he

has and I know he has complied with other town issues by building a shed behind his barn, at a

pretty good cost of money and I can tell you from the years that I have known him, if there is

anything that I have asked him to do, he would do it. He plows are road ands sometimes we

don't even see a contract, we pay him and sometimes he doesn't even come looking for the

money. We pay him as he does our driveways and our private road. I noticed through the years

of being his neighbor that he has been associated with K9s with orphans as a foster home, taking

dogs in and two of which are now his personal dogs. I know that he has had a relative move in

with him that he is taken care of, and | know that there are people that have come here tonight to

support him are doing that because he has been good to them as a neighbor and as helped them

as well as he has helped me. So, 1 couldn't ask for a better neighbor. am 73 years old, and I

have had a lot of neighbors, and I would say that this is probably one of the best neighbors that I

have had and a nice family. Thank you.

Alex Lalonde and husband Nate Corr at 541 Galbro Circle: So, unfortunately, we have had a

different experience. We are on the opposite side of the property. It has the greenhouse in the

back, and I have included some photos since we moved in September of 2021. So, | have

included some photos through out the years (SHOWING PHOTOS OF NEIGHBORS

PROPERTY) I don’t know if you can zoom in on that but it shows two recreational trailers; a

dump truck another dump truck with it’s bed up and there is also a truck in the back and that

was Stored during the winter time behind our fence so he INAUDIBLE in the winter time as far

as to physically see it so 1 included another photo so that is what it used to look like in the

sunmner time and that is in August of 2023 so there were some trees that would fill in and

unfortunately that tree coverage has changed. If you go to the next photo, so that is in Novernber

of 2023 so a lot of trees were cleared and unfortunately there were 3 different trailers or 4

different trailers that were stored in that big open area and you can see the dump truck sitting

out there as well. So, to my knowledge I believe the neighbor was notified that they could not

store recreational vehicles back in October by Jim, I don't know if you can confirm that that is

correct.

Alex Lalonde at 541 Galbro Circle: So that is in November, if you go to the next picture, that is

later in November showing like 3 different trucks parked back there and if you zoom in, you can

also see the trailer with equipment on it. If you go to the next picture, this is in December when

the trailers are still there and you can see more equipment outside and I will note, 1 am not sure

Pg. 110 May 14, 2024 Zoning Meeting

of the duration, but the equipment is staying there. This is not every single day occurrence with

his equipment out there but there are times when there is equipment out there and this happens

to be one of them. If you go to the next photo, that is in February 2024 and there are

recreational trailers still have not moved and still trucks, one truck with a travel trailer attached

to it and then if you go to the next photo, this is in March and you still see the recreational

trailers so unfortunately if he was notified back in the fall, theses recreational trailers sat there

for six months, and Iam not really seeing that as a timely solution.

I think the biggest thing for us, like I said, this is out backyard view. This is the view from my

office, this is the view from our kitchen, and this is the view from our backyard so unfortunately,

we just have a different perspective than the other neighbors.

Nate Corr at 541 Galbro Circle: Yes, the way our house is set up, we spend 99 % of our time in

the back looking out towards this.

Alex Lalonde at 541 Galbro Circle: So, the other thing to, as far as our understanding from the

original uses is that the property needed to be maintained and I understand other neighbors

experienced where it has been but unfortunately for us, we are looking at something that has not

been maintained. The stone pile for example, has been sitting out there for at least 2 years if not

longer. Like I said, we moved in 2021. We are just looking for some sort of solution to be able

to enjoy where we live, | guess so we were here last month for an application for a 10-foot fence

to try to block some of this. Our property is significantly lower than our neighbors property so

that ts why we asked for the 10 foot, It is still not going to be able to block everything but that

was the only thing we thought to do in our power. We got a quote for that fence, and it was close

to 11,000 dollars and that is an expense that we don’t want to do but it might be something that

we have to do if this is going to occur.

Nate Corr at 541 Galbro Circle: Yeah, based on the original agenda from the meeting minutes

from the special use permit, based on the amount of variances that are required to use this

property in the way they are trying to use it, it is obvious that it is way too big. His business is

too big for the residential area that we are currently in.

Alex Lalonde ai 541 Galbro Circle: | also think too, one of owr concerns is what happens I guess

after however you vote or however this over, like how is it going to be enforced because I think

the biggest question for us is it hasn’t been enforced and it has been considered for violations on

itand we appreciate you guys rehearing this now, but I guess Tam just not sure how to move

forward with it and then if things are in violation how would it addressed. So, unfortunately, we

cannot be in support of it. We don’t know you gitys personally; we have only really only talked

to you guys twice. We do apologize but unfortunately, it's just the way our property is. [t just

doesn’t work for us.

address the issues directly with the owners at 941 Gravel Road.

Pg. 111 May 14, 2024 Zoning Meeting

Alex Lalonde at 541 Galbro Circle: No, we have talked to them, so they never talked to us either

as far as they are going to INAUDIBLE. So, they came to our house once and asked us if we

were ok with the recreational vehicles and we said no and then I talked to the neighbor one other

time when they were taking down the fence to ask them what the plan was with, he fence and that

is when I said, Ok, we may try and pursue. Because he said he was going to re put up the existing

fence on the one side on the lower portion directly on the property line which would have given

us like no coverage that is why I said we were going to seek a taller fence which I told him and

that is the only time | have talked to him.

the end of the day, we don’t know it’s an issue until someone tells us right, so it needs to come

back through Josh and Jim for the town to do much of anything.

Nate Corr at 541 Galbro Circle: What Alex is saying, her point is that it should not be on us to

make the neighbor comply with the rules.

Alex Lalonde at 54] Galbro Circle: Yes, which we get, and I think the other thing too, just to

kind o f close this out, is really take a look at these pictures and ask yourself if this is something

you would want to look at day in and day out for months, months, and months and how you

would be able to enjoy your property or potentially sell your property if you were going to put it

in the market. So, I think there is a lotto consider. So, I appreciate your time and everything.

Kim Jenkins and Olga Podzoroy at 545 Galbro Circle and we are directly behind this portion of

the property that has the most hanist that I would say of things going on. Olga has owned the

property since 1998 and when she bought it, it was a premium lot because right behind her was

all woods. There was nothing else back there. So, at that time it was premium and not our

property value....we both sell real estate for a living so the property value has diminished

because of what now we have to look out at behind the property, and it is absolutely untrue that

all those things are only out at the daytime. They are there all night long but obviously we

cannot take a picture at night because it is not going to show up.

But it is absolutely not true that they INAUDIBLE. And, we have the original notes from the

public hearing for the special use perinit for and we are asking tonight that that be revoked

because it is really a difficult decision to deal with. We/Olga has had contact with the neighbor

for instance, a tree that was on his property. A tree fell and cause a 40,000-insurance and her

claim. She asked him to do something about it and he did absolutely nothing about it. There

was another tree that feel a few month prior to that onto the property and she asked him to. move

that, and he said he would, but he never did. We had to cut it up and get rig of it. We have text

message proving all that. But just literally today, the bobcat is not actually pushed into the he

Pg. 112 May 14, 2024 Zoning Meeting

shed. It’s out and even today, as he sits here, its not where it supposed to be. In their original

permit it says, THERE CAN BE NO OUTSTANDING VIOLATIONS IN ORDER FOR THIS TO

BE HERE AND THAT THE OCCUPANCY IS OPERATED IN SUCH A WAY SO THAT IT DOES

NOT DISTRUB RESIDENTIAL COMMUNITY and all of the business that goes on here, disturbs

the residential community. The people that live up on Gravel Road that spoke in support, his

property looks nice from Gravel Road and those are the neighbors that are here speaking.

Those of us who are behind are the ones that are most impacted by all this and are here asking

this to be revoked. There is videos of him operating early in the morning, 6AM.

Olga Podzorov at 545 Galbro Circle: They are not long | made sure to keep them a few minutes

long.

(REVIEWING THE VIDEOS ON THE SCREEN OF WHAT WAS SUBMITTED)

Olga Podzorov at 545 Galbro Circle: So, | assume that this is something that is not allowed as of

the storing of the vehicles and from what I understand, it was supposed to be driving them in and

out and parking in the structure which obviously is not what is happening, and this is the noise

that we hear all the time and not to mention the diesel fumes and it is tnpossible to clean that

side up. They have to INAUDIBLE clean and the windows because of all the debris and I try and

enjoy and open the window to smell the lilacs that I planted and instead all I can smell is diesel

fuel and all of that noise.

Kim Jenkins at 545 Galbro Circle: In addition to paperwork, it says no business activities are

conducted on site with the exception of office bookkeeping. So literally, only things inside of the

house are supposed to be conducted for the business and it is clear that he is operating the

business outside.

Olga Podzorov at 545 Galbro Circle: Also, all the debris that he is bringing in from his jobs is

getting buried and INAUDIBLE....that is from Alex’s view. In the pictures that you will be able

to see especially now that the rains have come through this spring just how much wash off has

happened and all the asphalt; debris; that got INAUDIBLE.

Kim Jenkins at 545 Galbro Circle: Yes, it’s hard packed so it doesn’t absorb any of the water so

everything is coming into our yard, and you will see in some of the pictures what has happened

fo our yard because of how that has been filled and grated.

Olga Podzorov at 545 Galbro Circle: You can just scroll through Josh. VIEWING ONE OF

THE PICTURES, this is obviously something he got at a job because that is like, like a lamp or

Pg. 113: May 14, 2024 Zoning Meeting

cement post or something like that. lam sure if like the neighbors from Gravel Road had to look

at that all day, they would probably have a different opinion.

AUDIENCE MEMBER YELLING OUT.

Kim Jenkins at 545 Galbro Circle: Not this part of it. We look at all this. Nobody else has this.

We are the most impacted lot by all of this literally.

SCROLLING THROUGH THE PICTURES

Olga Podzorov at 545 Galbro Circle: All of these vehicles had been stored knowing that their in

violation and they have not been moved until three days before the court appearance. So, we

cannot pretend that we don’t know what the rules area.

Kim Jenkins at 545 Galbro Circle: There are still three trailers on the property today and an

RV. INAUDIBLE both applicants speaking at the same time. There is a small grey trail; a big

white trailer; there is a flat bed trailer in front of the barn and then there is the RV. .

KEEP SCROLLING THROUGH THE PICTURES.

Olga Podzorov at 545 Galbro Circle: With the grade issue, Mrs. Volo was over there earlier,

and she literally stood on my property and the grade on the neighbors property is over her

height.

Kim Jenkins at 545 Galbro Circle: When the property was purchased it was all leveled from our

property to his property and since then, his property is built up.

OVER)

Kim Jenkins at 545 Galbro Circle: But it all goes over......he is bringing this fill in from other

jobs and putting it on the property and then pushing it out. That. still is...

allowed.

Kim Jenkins at 545 Galbro Circle: It’s not because it has hard pack in it. We have that here to.

Olga Podzoroy at 545 Galbro Circte: You can see asphalt under it that is buried. We can just go

quickly. (VIEWING THE PHOTOS) That is the drainage situation with what was created, and it

sat for 4 weeks, and all the green algae grew and basically there has become wet INAUDIBLE a

little bit, but I still have not been able to cut lawn there for an entire season so far because it is

all wet. (VIEWING PICTURES ON THE SCREEN OF NEIGHBORS PROPERTY) Keep going

Pg. 114 May 14, 2024 Zoning Meeting

Josh, | want to show one particular. Once the rain washed off where you can see the asphalt

being buried underground INAUDIBLE. He just brings the dump trucks and dumps it there

(VIEWING MORE PICTURES ON THE SCREEN) and you know, we don’t have arborvitaes or

fence. We didn't do any of those things, to our side of the property. There you go, that is the one

i was looking for. (PICTURE) So, as you can see, from my angle is that once the rain washed off

underneath, underneath the dirt there is asphalt so you can see that everything that is in multiple

feet of that, fill that he put in there, it’s all the junk.

Kim Jenkins at 545 Galbro Circle: It's debris from his job.

Seeing none, if the applicant and representalive can come back up.

locust trees rot.

what I am seeing, and from what I have seen because I have been to the property that is not in

compliance with what this board had provided, you know, was it 10 plus years ago and then

there’s’ stuff that is mother nature. So, | am trying to separate the two and at the end of the day

we have 5 components of storage, materials, storage of equipment, and what is happening on the

property for the business and NOT for the property. So, there are components that is happening

on this property that is in violation of the variance that was provided with the guidance that was

provided at that time. So, I guess, ] don’t want to talk about the trees; ] don’t want to talk about

the fill, that is a different application. ] want to talk about....(KEVIN FEOR SPEAKING

OVER)

for the 3 trailers was February 26 of this year, not September. I have the letter right here from

the town.

and one in the back. I can give you the code number if you would like it. So, he chose to

originally put it in the back because he thought it was nice and neat. Why have the snow Mobil

out front, his camper on the side, and then his motor cross trailer is the back. It just doesn’t seem

to make logical sense, From the neighbors’ point, | can see their point of view if they don’t want

to look at all three stacked up nice and neat. We are not claiming that Tim has not made errors,

OK, we are not claiming that at all. We are claiming that every time he has been sited, he has

been quick to modify the situation and get his equipment under cover etc.; etc..... and it’s not like

he can’t use it his bob cat on his own property to regrade.

Pg. 115 May 14, 2024 Zoning Meeting

away.

understand, INAUDIBLE (EVERYONE SPEAKING AT THE SAME TIME) you owning a

dump truck that is stored on your property and so.......

Stephens cam over and I needed a 2 to 1 sloop. Behind the barn where there are trees coming

down tomorrow it needs to be re-stoned. I got a stone delivery today that is going to get graded

out once the trees are down. Pat, correct, you came over and took a look at everything and

everything looked ok, do you want to say something?

because I have the equipment, I am allowed to use it on my property. The kids use it for their

bike jumps all the time. They ride their electric dirt bikes all the time in the backyard. They ride

their little pit bikes in the back yard, and they are not stuck in the house all day, they are kids. |

am sorry we use the property for recreation, but I don’t want my kids stuck in the house all day.

this was the storage of the commercial vehicle to be stored inside, does the building that is out

there, did that meet the requirements or what was presented to the board at that point, I don’t

know, you were on the board then. (SPEAKING TO MRS. VOLO)

Pg. 116 May 14, 2024 Zoning Meeting

another section that goes up to the back of it. That was added at the request of the Zoning Board

so the equipment could be stored inside the building, when not in use as opposed to being out in

the open all the time.

sided...

for a larger footprint so that more could be stored inside, and the size was reduced | believe at

the request of the Planning Board but I would have to go through the minutes again but it was

reduced from what it was originally requested to satisfy someone but that was the condition that

the equipment be stored in the barn when not in use. Someplace in the minutes, and I

couldn’t/can’t find it right now, I am sure. If I read it more thoroughly, the homeowner could use

the equipment in their own yard for their own......... maintenance but that the employees could

not be on the premises working on the equipment....] am trying to think of what else.

acceptable, somewhere along those lines.

point.

Jim Montgomery; One of the stipulations was the completeness of the construction must occur

by June 12, 2012 and I would like to point out to the board that the building permit is still open

and active, and it is probably expired now. It never was closed out. The Building Department

also reached out in 2021 to notify them and there was never a response.

barn.

chippers; INAUDIBLE grinders. It is me and my son, that is it. 1 got a dump truck and bob cat

and an excavator, that’s il, that’s all | have now. So, we have downsized quite a bit.

equipment, the intent was that all that equipment would be stored inside (BOTH PARTIES

Pg. 117 May 14, 2024 Zoning Meeting

SPEAKING AT THE SAME TIME-UNCLEAR) Again, I am looking at the photos and I have

been out to the site in over the last 2 or month or so, every time I have passed it, there has been

equipment outside so now that you have downsized, everything can be stored inside but it’s not.

I guess, so why is it not.

barn. We can take a ride over there right now if you want to see it.

want it outside because we are allowed

3. So, we did stuff one in there.

about if he proposes putting a berm along his property where the two neighbor are and plant

some trees for screening and work harder with complying with his special use permit.

closed unfortunately. I have a couple concerns right and I appreciate you offering that. I look at

myself, if | was in an R-3 district and you have some great neighbors, they are very happy with

you and they came here to speak, and it takes a lot for someone to take time out of their Tuesday

to come out and support their neighbor, so you have obviously made good with some of the

neighbors. You are in an R-3 district and you have made good with some neighbors and again,

on the flip side, you have a couple of neighbors that are speaking against it. There was a special

use permit and at your own omission there has been things that you have not complied with and

every time that it has been brought to your attention, you comply with but then all of a sudden it

looks or appears to be lax again. So, we shouldn’t be having this conversation that you are not in

compliance you should just be in compliance. So, to have you offer something to make amends, |

appreciate it, but on the flip side, it’s been 10 years, and I don’t know how many times there

have been violations or what not but there has been what appears to be re occurring. So, I don’t

know....

there (POINTS OUT TO THE AUDIENCE) looks directly at my barn and he will tell you my

equipment is in there every night, nice and neat. ] put it away every night since Jim has given us

the letter.

Pg. 118 May 14, 2024 Zoning Meeting

or citations except in the last 10 — 12 months. So, either he has done a pretty good job for 21 out

of 22 years or he’s............

AT THE SAME TIME) There ts a plethora of reasons but at the end of the day you are still in an

R-3 district; there are still components that need you need to comply with, and you are saying

that the equipment is stored in there right now, that was not part of the conditions. The

conditions were in that barn and if you are driving home for lunch, I don’t think anyone here is

going to make a boo about it but at the end of the day, that equipment and I look at all these

photos, that you sat through as well, there was more than just a night that they were stored there.

The pictures were taking during the day and throughout, so I am seeing one thing, and 1 am

hearing something else, is what it comes down to.

morning and the equipment is coming out of the barn per say, I mean A, it might need to be

loaded on the trailer; or B, one piece come off the trailer and the other piece goes on; and I am

not saying INAUDIBLE dump truck. So, the photos and videos can be deceiving, and I didn’t

see any date for any videos but the point that I] am making, is that if there have not been any

issues in 21 years to revoke his permit because he’s had.......

have | year where there are INAUDIBLE photos.... and concerns from your neighbors

people that have presented evidence has a snapshot that show a different story.

you a free pass even the past year to say well, 1] have my first one here (BOTH PARTIES

SPEAKING AT THE SAME TIME)

INAUDIBLE

SPEAKING AT THE SAME TIME) Sometimes you need to get to a certain point INAUDIBLE

(BOTH PARTIES SPEAKING AT THE SAME TIME) Just to say that they have not said

anything until the past year doesn’t mean they have not been affected or concerned about it. It’s

just sometimes, just to be a decent neighbor will let them go this far, this far, until finally you

Pg. 119 May 14, 2024 Zoning Meeting

say, I can’t do this anymore so. The history of it, whether it has been 5 years, 20 years, or

whatever, has very little to do with it. It’s what’s happening now, which is why you are here.

(EVERYONE SPEAKING AT THE SAME TIME)

INAUDIBLE (BOTH PARTIES SPEAKING AT THE SAME TIME)

sorry but it sucks. I don’t want it like that.

the majority of a lot of this has occurred, right. So, I get it, prior you didn’t have a fill permit, so

you were not filling prior; you had vegetation......

our yard with a drainage project to help out the prior drive next to us and tied into the catch basin

in her yard (? Not sure who HER is) and brought a pipe through our property, which I told him

go ahead. I didn’t want to get a variance because I didn’t want to have to deal with the 15 feet for

the variance, so I just said, yes, go ahead. So, they brought a catch basin over and did a complete

drainage project on part of the drive because the INAUDIBLE when they did that, | got a fill

permit because I was doing some grading and then COVID happened and all the ash trees died,

took them all down

3. Michael! Short: My point here is, a lot has changed on the property over the years right, so the

point of there has not been complaints, the property has changed.

(AUDIENCE MEMBERS YELLING OUT...... CONSTANTLY HAPPENS)

cover and try harder to make sure that we are in 100% compliance.

from the permit that was issued |2 years ago, do you have a file of complaints that have been

received? I don’t know how any of that works.

only one that I have in the system is from 2015 and it was logged by the previous building

inspector.

Pg. 120 May 14, 2024 Zoning Meeting

SPEAKING OVER JIM)

remind the board of the standard review here, direct your attention to Section 351-103

section F (1) A use authorized under this section by special permit may be

revoked by the Zoning Board of Appeals if it has been determined, after a

public hearing, that there has been a material failure of compliance with

any one of the terms, conditions, limitations or requirements imposed by

said permit.

Obviously, that is a bit of a vague standard as to whether it is material non-compliant, that is for

the board to determine. [| would note that the board can decide whether to revoke a special use

permit or alternatively pose any further conditions they see fit, ensuring future compliance.

happening on the property and obviously there are some neighbors that are happy with the

particular property and other are not. There are a lot of components and I agree a tree falling is a

tree falling . 1 am not interested, could it be from fill, maybe they have a lot more ash trees and

the ash bore got to a lot of my trees as well. So unfortunately, trees do die especially when they

are ash’s in our region. By what I heard, was some violations of the requirements that were

imposed upon this. Me personally, I have witnessed equipment out there, over the last month or

so. I am not out there on the regular basis, I guess I look to, if it’s an R-3 Residential

neighborhood, I personally would not be happy with some of the photos in my back yard so I can

definitely feel for some of the neighbors.

I went to the private drive on the other side, and it is night and day to be honest from at least at

what I saw. One side is landscaped, lawn, berm, arborvitae and the other side is NOT. So, there

has definitely been a lot of moving parts on this. I definitely see that there has been violations

with it. One of the comments of the violations and it’s been resolved but again you see loading

stone, there is still a pile of stone out there and in fact, I don’t know what to believe is really

what it comes down to and that is where I am struggling.

permit and ] know that Pat Stephens has been out and looking on the impact on the drainage and

looking out for the fill to even it out, there’s between a private drive and Galbro. The private

drive on that side of Gravel are one level and then that whole neighborhood of Galbro is

probably 2-3 feet lower than the entire neighborhood. So, anything that happens on the parcel is

exacerbated by change in topography between the two neighborhoods and I don’t know that

Pg. 121 May 14, 2024 Zoning Meeting

there is anything... don’t know what resolves it. That’s and I know Pat is keeping an eye on it

and I am going to stay in my lane and let him manage that but Um...is part of the situation there

now because of, you have to take the trees down and then put in the gravel to remediate it and

then you can do the 2 to | slope to make that side better but how can you hide it. The berm

would obviously INAUDIBLE trees and you are not going to plant any along the property line

because it is low and wet and nothing will grow there except, well, swamp willows but those are

not actually going to hide anything. Um and would I want to look at it, no if it were buffered, I

don’t know because there is just so much going on with it right now,

immediate effect.

to be at the peak of the elevation.

feel for someone when they buy something, especially when you are buying your house, it’s a

beautiful, treed lot behind you and you think this is great, but you have no say or no guarantee

that that is ever going to stay that way.

something and, in that respect, there is no guarantee applied and especially if they were all ash

trees and they all just died because the ash bore, they can not be respond for that for the act of

god.

other active parts that are all affected. If it was just the home occupalion, we would have

probably put t a vote to it half an hour ago. There are just too many things I think , although they

are separate, | think are difficult to separate from the over all action which we have to but for me

it’s difficult to separate one from the other.

Pg. 122 May 14, 2024 Zoning Meeting

non-compliant and really what the hearing is about !s just determining whether it us material

noncompliance with the use permit. SO, that is the level thresh hold question. So, does this

board find the material in not compliant? If yes, then the options are to either revoke the permit

or impose other conditions to ensure compliance and perhaps other efforts to mitigate any visual

impact.

(INAUDIBLE, CHRIS CENTOLA SPEAKING OVER)

every time we have been out there, there have been vehicles there.

couldn’t tell because it was through the brush, but it was at different times of the day so it’s not

like I cam at the same time every time, everyday and it was the same situation. So, I believe that

it is. There is some based on the level of threshold that you presented. I agree with you on that.

That there is but he has obviously worked with a number of neighbors to make it right with them

so maybe a condition could be that he has to work with them.

members how they feel if they find material noncompliance or not. I guess I am asking the rest

of the board.

my mind.

is noncompliance there then there are two options, it is finding an alternative solution or

revoking so what I am hearing and grant it, I don’t know if your in agreement or not....

have been noncompliance’s visible. The conditions as to why, I can’t speak to.

forward. Two options, we find a solution that satisfies the neighbors and impose additional

conditions or do we revoke. [ am not going to speak for the other neighbors, I don‘t know if there

is any conditions. I like the option that was thrown out, but I am not the one living there to be

honest is what it comes down to.

Pg. 123 May 14, 2024 Zoning Meeting

neighbors, but I would suggest that the board consider, if you are going to not revoke but impose

conditions that there should be conditions to ensure there is compliance be it working with the

Code Enforcement Officer on a periodic basis; reporting back to this board on periodic basis; so

that the board can ensure actual compliance.

to the board six months after it was granted, and I don’t think we have record one way or the

other.

and went to December; the Zoning Board gave conditions; it went to the Planning Board to

approve the barn. It had to come back to the Zoning Board because of the size and then we don’t

have that documentation and | don’t....] can’t remember what I did yesterday, but it seems like

maybe it would be there, but I don’t know that that will give us any information.

“wordily” specific that...because going back and looking at them now, at the time they seemed

very clear cut, but we weren’t specific as to, did the equipment have to be back in the barn; and

is it ok to have it out; so, we......

(INAUDIBLE....EVER YONE TALKING)

unless it is leaving the property.

Pg. 124 May 14, 2024 Zoning Meeting

AT THE SAME TIME) It’s not parked outside.

(INAUDIBLE, EVERYONE SPEAKING AT THE SAME TIME)

around the corner; we go to work and when we come home, we put the bob cat back in. [didn’t

think that was an issue.

(AUDIENCE MEMBERS SPEAKING OUT) This is continuous.............

my standpoint, I will be frank, I am struggling myself. I can come up with a number of additional

conditions and | personally have not interacted with you other than here and so all I know is what

I see with my own eyes and then what | am hearing, it kind of contradicts. | am glad you have,

what appears to be a thriving business and I think that’s great, and I go back to, you are in a R-3

Residential district; you have a special use permit; the intent of the special use permit is to make

sure you don’t piss off your neighbors and right now, you have right. So, where do we go from

here. I am not your neighbor, and I didn’t come up with things that would make me happy, I am

not your neighbor. I guess, the arborvitaes are great and as Chris mentioned, they are not going

to grow in from day one. A 10-foot fence would be phenomenal, with the arborvitaes, that is not

going to stop the noise. That also doesn’t relieve you of the requirements of the initial position

of the board so I guess for me, I am at the opinion it’s a revocation unless we can come up witha

solution and I am open to it, but I need to hear from everyone else.

have an issue with it, which again, they are in different positions, I mean different locations

throughout the site vs looking at the back end of it like the ones that have complained about it

but still, my issue is that I have been out there a number of times and it’s always in violation and

the fact that he says, every time that he has been told he takes care of it but then it appears since

they are not new violations and repeat of the old ones that he isn’t as on top of all of the permit

requirements as he probably should be. Now whether that is intentional or just the way we work

as human beings. I don’t know, I don’t think it is anything nefarious, but I don’t see how

anything, any stipulations that we could put on are going to rectify the situation for the neighbors

on Galbro, Just like you said, a fence could block it, a fence with vegetation could make it a

little more esthetically pleasing but that is not going to change the noise or potentially any issues

from other things that are going on with the site. So, for that reason, I would agree with you right

now if you said YAH. I am leaning toward revocation as well unless the neighbors themselves

that have issues with it said, no, we would be ok with that. Which I would not be willing that

they would say at this point and time.

come back and apply again and be monitored by code enforcement.

Pg. 125 May 14, 2024 Zoning Meeting

would remediate the problems that are on Galbro. Nothing that will be easy or affective. If he

was to comply with the stipulations that were in the original agreement with the hours of

operation; putting stuff away and things like that and maybe clean up around Galbro a little bit, I

don’t think there would be much of an issue as there is right now.

again? Since it’s a revocation of an existing one.

are you familiar with that?

neighbors and cleaned up and got it to the point where they supported it and he reapplied, in

theory he could apply next week, right? According to code, we are not keeping him from

rectifying the situation, we are just making him jump through another hoop.

all his vehicles so all his commercial! vehicles, right.

midnight tonight or does he have 30 days.

OVER)

be mitigated by a berm or by the plantings and even if it’s early in the morning and just late at

night and nothing in the middle there is no way to cancel out the noise of diesel trucks or the

backup alarms on the bob cats and I lived it....we had a similar situation with a neighbor, so |

don’t

of the barn .............

Pg. 126 May 14, 2024 Zoning Meeting

be mitigated by the barn being pulled onto a trailer and you are not going to eliminate it

completely, to your point, but it ends up being mitigated. (CORRINE SPEAKING OVER)

the door is at on that building, if they are truly in the barn the neighbors at 949 and 951 would

be the ones that were most impacted by it, and they are not. So, there is a small berm there and

there are some arborvitae but those arborvitae are not blocking anything at this point and time.

They are fairly new and young, and I don’t, I don’t know the right answer.

suggest again that there has to be some sort of schedules similar to what was in the original

permit and probably on a more frequent basis to ensure compliance with the actual, again, not the

mitigation but actual compliance with the terms of the special use permit. The Code

Enforcement Officer coming to the property for inspections and happen every so often and set

that schedule and then at the boards discretion on how often and if there is continual

noncompliance, including some of the other things that were noted on the property that appeared

that needed to be cleaned up if the board was inclined to do so but that is if you are seeking an

alternative short of revocation.

but I also don’t want to...(CHRIS CENTOLA SPEAKING OVER)

think we all kind of feel the same way that that seems to be the course to take but ...like I said,

his neighbors, you don’t defend someone like that if you are just kind of “ah”; you don’t spend 3

hours here speaking up for him and say, I’m ok with it. However, we can’t ignore the people that

have come out in opposition of it and presented and having an honestly, what we have all seen as

well. So, that is the part that I am torn but like I said, if we were to revoke it at least he knows

what he needs to do and that if he fixes the situation and he feels he has made good effort he can

reapply for it. It’s not like he has to wait 6 months or a year if he meets with the neighbors that

has issues with them and says ok what can | do to make this tolerable for you because it is never

going to be like it was before then maybe he reapplies and whether that happens next week, next

month or whatever he has an opportunity because to me, if he couldn’t apply for another year, |

would be even less INAUDIBLE (MICHAEL SHORT) for it because we are keeping him from

doing what he needs to do.

highlights the standards in that particular section.

Pg. 127 May 14, 2024 Zoning Meeting

HAVING A DISCUSSION) Ok, I am going to try this, please if I mess it up, somebody correct

me. Regarding 941 Gravel Road for a special use permit and home occupation review, located at

941 Gravel Road, Town of Webster Zoning Board Appeals has reviewed the major home

occupation and has found the home occupation Is in violation of material failure; non compliance

with eliminating outside storage; parking of the commercial vehicles which includes the bob cat

and the chipper with the construction and outdoor storage of the commercial vehicles with terms

of (CORRINE VOLO: material as well? With all terms of 225-37)

reviewed this special use permit at 941 Gravel Road and has found the applicant has violated and

material failure out of compliance with outside storage; parking of commercial vehicles as well

as materials as identified in section 350-37- A 2 G this board is, | guess making a motion to

revoke the special use permit for said home occupation.

TIME)

60....and also allows, if he feels it’s worth it, to try and work out any issues with the neighbors.

of compliance to find other means of for his home occupation is I guess what it comes down to

and 60 days to cease the home occupation.

RESGLUTION 24-0038 Michael Short made a motion to REVOKE SPECIAL

USE PERMIT DUE TO THE FOLLOWING:

Violation of storing material; parking of vehicles;

outside storage; as stated in code 350-37 (A to G)

Applicant has 60 days to find other means for home

occupation which was seconded by: Chris Centola.

Pg. 128 May 14, 2024 Zoning Meeting

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza ABSENT

Mr. Lagonor AYE

Mr. Centola AYE

Mr. Feola ABSTAINED

Mr. Spampinato AYE

There has been a lot of discussion here. We, ] strongly recommend, you get with your neighbors

to see what resolution can occur because | hope to see you back here for it again with a

resolution as well.

So, there was a survey map that did not have all the information on 941 Gravel Road, parking of

recreational vehicles . Ido recommend that we table that till the next meeting at which time

hopefully they can get us more accurate information.

(Corrine Volo read the sixth application)

941 GRAVEL ROAD PARKING OF RECREATIONAL VEHICLES: Located at 94!

Gravel Road. Applicant Kevin Feor is requesting an AREA VARIANCE to relocate the

storage of an RV and (2) recreational vehicle trailers to the rear yard, where only (1) is

permitted on a 2.09-acre parcel having SBL # 078.16-1-1.1 located in R-3 Single Family

Residential District under Section 350-45 of the Code of the Town of Webster.

RESOLUTION 24-0039 Michael Short made a motion to TABLED

APPLICATION TO 6.11.24 MEETING which was

seconded by: Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza ABSENT

Mr. Lagonor AYE

Mr. Centola AYE

Mr. Feola ABSTAINED

Mr. Spampinato AYE

Pg. 129 May 14, 2024 Zoning Meeting

ADMINISTRATIVE ITEM:

* No minutes were approved.

Since there is no further application before the Board Michael Short adjourned tonight’s meeting

at 10:30 p.m.

Cerri QAR

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

JUL 16°24 pHi 2327

FILED WEBSTER TWN CLK

MM Wow

Pg. 130 May 14, 2024 Zoning Meeting

PRESENTATION TO

ZONING BOARD OF APPEALS

REGARDING

671 WILLOW LANE

May 14, 2024

Jann K. Armantrout

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- Accessory structures (circled

in red) - 18

¢ Percent of houses with

accessory structures -4.5%

¢ If the number of unofficial

accessory structures double,

only ~9% of houses have

accessory structures and/or

sheds.

- The accessory structures in

existence appear to

accommodate residential

lawn tractors, recreation

items and garden tools etc.

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Property

© 20’L x 25’ W x 20’ H structure would have significant visual impact on the neighboring properties

whose residents use the neighborhood for recreation and scenic environment.

- Would be largest accessory structure in entire neighborhood

- Proposed building location in northern side yard also contains immobile Airstream trailer, further

cluttering space

Additional Screening for Property Itself

¢ 20’x25’x20’ structure would

be next to rubbish and

construction materials.

« When the hedgerow is

removed or dies off, little to

no additional screening for

property is provided.

- The need to store recreational vehicles, be it land-based or marine, is always self

created.

- The applicant is a self-employed electrician with a home-based business. If the

business requires storage or equipment that exceeds the residential standards, it is no

longer a home-based business.

- The claim that the structure would be an asset to the community because it would

increase “screening” is only appreciated because of the unkempt property, yard

waste and multiple vehicles the applicant already has placed on the property.

Views from Non-Objecting Neighbors

¢ Views from South /

Southwest of Property

1275-1277 Mill Creek

1279 Mill Creek

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Views from Non-Objecting Neighbors

- Views from North of property

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2023, a large yellow

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