Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

Michael Short Chris Centola

Corrine Volo

Donald Hauza

Dan Lagoner

Rich Feola

James Spampinato

John DeMarco, Attorney

Katherine Kolich, Recording Secretary

Josh Artuso, Director of Community Development

2024. We have one 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

SCHEDULED MATTERS

:

POOLHOUSE AND ADDITION-286 COLORADO DRIVE

ACCESSORY STRUCTURE- 671 WILLOW LANE

Pg. 57 April 16, 2024 Zoning Meeting

FENCE-541 GALBRO CIRCLE

ADDITION-1178 JACKSON HEIGHTS DRIVE

(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.

Applicant requested to table application.

RESOLUTION 24-0023 Michael Short made a motion for TABLED

APPLICATION TO May 14, 2024 which was

seconded by: Corrine Volo

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola ABSENT

Mr. Feola ABSTAINED

Mr. Spampinato AYE

(Corrine Volo read the second application)

Applicant Scott Mitchell is requesting an AREA VARIANCE to allow a second accessory

structure where only (1) is permitted associated with the relocation (and expansion) of an

existing tree house built on 6-foot x 6-foot posts from its current location to the pool area on a

2.0-acre parcel having SBL# 078.10-{1-23 located in an R-3 Single Family Residential District

under Section 350-36 of the Code of the Town of Webster,

Appearing before the board was Scott Mitchell. So, we built a treehouse for our kids a couple of

years ago and they have since grown and it is not getting used. We would like to drop it down

and move it up to the pool and make it like a changing room for the pool.

the pool and add an addition of 312 feet/176 sq ft covered. Can you explain that a little bit

Pg. 58 April 16, 2024 Zoning Meeting

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more. I was viewing the plans, and I am struggling on what you are trying to do. I see the

picture of the treehouse and said great and then | saw the elevation here and I believe the hashed

area was where the treehouse was and then I see the covered area.

line of the treehouse.

the roof framing plan I am assuming?

on the property?

three.

area because the tree house would be shed size, but the added roof makes it ....

then it is right now with respect to square footage.

Pg. 59 April 16, 2024 Zoning Meeting

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there is a lot of trees there is that going to be interfering with having to take down any of those

trees.

comments from the audience. I wil! close it and bring it back to the board.

RESOLUTION 24-0024 Michael Short made a motion FOR TYPE II

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola ABSENT

Mr. Feola ABSTAINED

Mr. Spampinato AYE

I.

2. This request is not out of character in the neighborhood: It is not out of character. The

treehouse is already there, and it is just being relocated forward.

There will not be a detriment created to nearby properties: It is not a detriment to nearby

properties and where the pool is, it is not really going to be in line of site in any of the

contingent properties.

The benefit is not achievable by any other method: The structure is already there it is just

a relocation for it.

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

will not. It is primarily open space with just the enclosed treehouse.

The difficulty is not self-created:

This is not an undesirable change:

This request is not significant:

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RESOLUTION 24-0025 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at 286 Colorado Drive. Applicant

Scott Mitchell is requesting an AREA VARIANCE to

allow a second accessory structure where only (1) is

permitted associated with the relocation (and expansion)

of an existing tree house built on 6-foot x 6-foot posts

from its current location to the pool area on a 2.0-acre

parcel having SBL# 078. 10-1-23 located in an R-3 Single

Family Residential District under Section 350-36 of the

Code of the Town of Webster which was seconded by:

Dan Lagoner.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola ABSENT

Mr. Feola ABSTAINED

Mr. Spampinato AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire April 16, 2025.

(Corrine Volo read the third application)

Bryan Bishchoping is requesting AREA VARIANCES to allow a side setback less than what is

required and to allow the placement of the accessory structure to be nearer to the front property

line than the rear line of the main residence associated the construction of a 500 SF detached

wood-framed structure on a 0.46-acre parcel having SBL # 065.13-2-11 located in an R-3 Single

Family Residential District under Sections 350-12 and 350-36 of the Code of the Town of

Webster.

Application tabled to May 14, 2024 meeting.

(Corrine Volo read the fourth application)

Corr is requesting an AREA VARIANCE to allow a 10’ tall privacy fence on the lot line where

a 15’ setback is required associated with the installation of approximately 147 LF of privacy

fencing on a 0.50-acre parcel having SBL # 078. !2-2-3 located in an R-3 Single Family

Residential District under Section 350-79 of the Code of the Town of Webster.

Pg. 61 April 16, 2024 Zoning Meeting

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Appearing before the board was (NOT SPEAKING LOUD ENOUGH) Nathan Corr and wife,

Alexandra LaLonde. I am looking to build a privacy fence in the rear of our property. There is

an INAUDIBLE as well. Eventually we want to enclose the entire backyard INAUDIBLE and

will connect to the pool fence that is not displayed on there, but it is the intent of that little piece.

We are requesting additional height and on the property line due to the differences in grade

between our property and the rear property. The rear property is like 3-4 feet higher

INAUDIBLE site so you can tell what we are looking at.(Note: the property to the rear is 941

Gravel Road) It is less than desirable so we are looing to build that fence to control our own

backyard privacy/view.

backyard use to look like in August of last year. Basically our backyard neighbor has cleared out

those trees and brush that was on his property so I have included a few different pictures that

show different trailers; different trucks that are parked back there and currently right now, there

were more taken down and it’s kind of been more exposed but basically with the different trucks

and trailers coming in and out, that happens almost daily and the other equipment that is being

stored there and the height difference is why we are going for the fence. Just to be able to have

privacy in our backyard. We would like to enjoy our pool area and backyard.

trees for all the shade and they kind of died so INAUDIBLE and a burning bush or anything like

that would only give us coverage for the summer INAUDIBLE.

water as well from just being at a lower grade so that is another concern as well with trying to

plant certain things and being able to INAUDIBLE. Looking for the fence and a permanent

solution all year around. So, like ] mentioned before, the owner behind us has taken down part of

his fence and unfortunately it has been down since last year INAUDIBLE (PAPERS

RATTLING AND APPLICANT NOT SPEAKING UP) INAUDIBLE.

Alexandra LaLonde.

applied for a ten-foot fence INAUDIBLE situation with your neighbor that is causing

INAUDIBLE, but I don’t like fences but, in this case, INAUDIBLE next-door neighbor to pay

for the installation of the fence for privacy INAUDIBLE doing on his own property.

towns perspective so it’s kind of joined with the application,

Pg. 62 April 16, 2024 Zoning Meeting

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many years ago for a major home occupation and within the past 8-9 months or so, the town

began to receive complaints from adjoining neighbors based upon the fill activity and the loss of

the vegetation that was one there. So, we do have an active/open code violation on the property

associated with the storage of the recreation vehicles and we are going to be exploring bringing

the owner of 941 Gravel Road back in for this board to re-review the special permit and the

conditions that were imposed back in 2011 which did require that all of the equipment that was

associated with the business must be stored in the numerous buildings that are out on the

property. So, it was heard earlier this month in court, it was adjourned to next month because the

owner indicated that they re-parked everything in a code compliant location but again, we are

exploring the original conditions imposed on the home occupation permit and bringing it back to

the board or next month for further consideration.

adjoining property even if it comes into compliance with the visual that you see up on the screen

now. INAUDIBLE.

should all be marked inside INAUDIBLE the property.

INAUDIBLE on his property. Now screening is gone.

screened it for the most part from the neighbors. f don’t know if we ever received noise

complaints until recently, but the screening no longer hides the business. The fence and the

hedgerow were very dense.

taken down last summer at the end of August. There have been a fair amount of trees that have

fallen that as well as all the way down the property line within the last year or so there has been

three major trees that have fallen down and one has fallen and crushed my shed; one has fallen

and crushed our neighbors property as well and one actually fell on his property and there are

trees that are right on the property line. So, they are three big ones and then in the back of the

brush in that one picture has been cleared out since August.

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is where the shed used to be, and it was screen over there a little bit as well and that is no longer

there.

I think there is a lot of other things with he special use permits. I know there are times when the

noise can start at 7:30 in the morning and I have documented it starting at 4:00 AM but for the

INAUDIBLE | guess that is a separate issue but we are really trying to look at it from a visual

perspective right now but there are definitely some other issues that can be frustrating at times

with the situation.

turnaround day and night so without a fence or anything blocking it, they go and turn their trucks

around and sometimes idling for 5-6 minutes on the side of our house and our neighbors house as

well.

there are trucks there, parked there. Whoever came out today, there were a truck parked back

there today and also a trailer parked back there today. Unfortunately, it seems like they are

always coming and going .

fences make good neighbors on one hand, 10-foot fence is a big fence, and it is a 24—30-inch feet

difference between your property and the neighbor’s property but the special use variance is

definitely a component of this right. They were not using that for special use home occupancy

variance. They wouldn’t have trucks there or all that traffic at that location. So, Lam struggling

because I fee! for you and if I was you and standing in your situation as well but on the other

hand it’s not your call it’s them not following the special use that was outlaid for them. Again,

il’s a tough one.

parcels on Sunday afternoon and | went back there today with a tape measure just to make sure

to check the height for my own mind and the difference between the grade of the property at 541

Galbro Road and the rear neighbor at Gravel is at least 2 feet and for a good portion of itis a

good 36 inches and even if the equipment goes away the lot has been filled with a bunch of

construction debris with garbage and asphalt; scrapings from roads and concrete and pylons |

don’t think there is anything that is going to happen from the perspective of the rear property

owner that is going to make a view any better than the fence and when I read the application

initially, a 10 foot fence is obviously quite tall but when I stood there 1 don’t know that the 10

foot fence is quite tall enough but it will certainly buffer the headlights from the vehicle and

buffer the view and will at least not sce all the garbage. If you sit at their deck with a cup of

coffee, you are basically seeing and sitting next to the city dump. There is a lot of construction, a

lot of old tires and so separate from even the extra trailers parked there, | think the fence there is

Pg. 64 April 16, 2024 Zoning Meeting

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the only thing that is going to screen it, and nothing will grow there to shield it. Between the

water that is running between the backyards or the impervious surface that is behind it.

and I do agree that a fence would help. A 10-foot fence like she was saying, it will help, and

buffer and you will still see the tops of some of the vehicles, but f do agree, | think a fence is

probably the only solution for what their situation is.

of an accent and hard to hear) It is a nightmare and the one thing I will dispute is that it is only

in the last 8-9 months, and I have pursued the town multiple times over decades INAUDIBLE. 1

can tell you all the stories of what transpired, and it’s been 25 years and I know he was given a

special use permit, and he violated every single point of that, I understand that now he moved

his vehicles and that was the day of the court and I have zero confidence that he will comply with

that once everyone kind of moves on because that has been the case every single time. So, I get

the privilege of looking at that as well INAUDIBLE negative impact because my property is right

next to him.

permit (?) and not because he compiled with that permit and the trees are dying and I am trying

to rebuild my property, but he is (7) suppose to take down his trees which he didn’t and the

damaged trees INAUDIBLE. So, my point was is that 1 think geographically speaking, | think

IANUDIBLE, and I am for it because we have both suffered enough and just like INAUDIBLE I

literally have INAUDIBLE right to the town at 6:00 AM in the morning, dump trucks dumping

things; all the beeping; the front loaders; it's INAUDIBLE and it has only been in the last 8-9

months and with the new arrival of the new town code enforcement, Jin Montgomery has started

Pg. 65 April 16, 2024 Zoning Meeting

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taken care of it. INAUDIBLE. So, it is only getting worse and worse and worse. f am in full

support of them.

Dave Malecki at 563 Galbro Circle: (NOT SPEAKING CLEARLY) I don't really know you very

well (SPEAKING TO THE APPLICANT) I think I may have talked to you. I have never been to

either property. The only thing [ know is where it is and that it is the property to the right and

five down from mine. I trust Olga, she is a real estate agent and we talked about real estate stuff,

so listen to her. 1 came here tonight to speak against the project. INAUDIBLE listed here and I

am against that. IT want more information. Josh, you may have responded to a complaint that I

had about the neighbor on Allegro at one point, and I was very pleased with the response and

the other thing | wanted to mention, | appreciate the conversation about what you really want to

do and also from the board, I have not changed my mind, Lam still against it.

the maximum height is. INAUDIBLE.

someone on the board just say, when we have this wreck of a property that ts interfering with the

enjoyment of neighbors, why is it not incumbent upon the person who made the mess to put up

the 10-foot fence rather than a young couple who just bought a house.

as of recently, we are working through it at this point.

Someone in the audience speaking.

guy but looking at the situation, why should they pay to install a fence for something that he is

doing but unfortunately his application is not in front of us. We can only act on the application

before us.

frustration with this property and the town and took a blind eye to everything he was doing. So, 1

understand that he came in front of you all and got a permit and he violated every aspect of it,

and he continues to completely laugh in everyone’s face, and he is playing a shell game where he

just keeps moving vehicles around and what not. Right now, my property is flooding and there

property is flooding and not to mention all of it. So, at what point is it the towns responsibility to

enforce what is happening. Like | said, you give him the permits and this whole time he has not

complied with anything, All the complaints from the neighbors were completely ignored. As T

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said, thanks to some of the new people that came on board, things seem to be moving and I know

Josh is trying different aspects but it seems like one person is allowed to affect the quality of life

of everybody else so ok maybe he doesn't have to pay for the fence but how about he level the

whole property right and take all the trash like Corrine was there and was taking pictures and

what I ant looking at is bare asphalt under the ground so make him take it all off | don’t need the

forest back but when he bought the house, it was a beautiful house and beautiful woods, and he

took the trees down, but it is not his right to do this. At what point does the town come in and

does something about it.

sounds of it from what Josh indicated earlier, he may have to come back in front of this board so

we will have a public hearing should they need to come back in front of this board, permits“are

granted, and permits are revoked also.

becatse when we came and we talked about elevation and now it’s affecting our drainage as

well as ail the garbage and debris that was buried there right, what are we going to do about it

because we don’t know what is buried there and you can see with your eyes the cement and the

asphalt right and the answer was well you have to go talk to DEC that is there responsibility and

! actually called DEC and they said it is the towns responsibility right, so where are we going. |

know live next to a landfill and the town has allowed him to do it for decades so who is going to

take responsibility for making sure that this is going to be done right. I don’t worry about the

fence, what I need is not to have the landfill. I have nothing against the fence as long as you

remedy the situation.

know ! was not there for that variance, and J think it was 2013, if ] remember correctly.

the barn that is not the issue here, everything else that has been done about it.

around. ft is not part of his special use permit.

Pg. 67 April 16, 2024 Zoning Meeting

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fix what | don’t know that its broken and I am not saying that you didn’t bring it to the towns

attention before, but I know this board was very active leading up to this meeting and trying to

understand what was happening and we have our triggers that we are able to utilize and as you

mentioned I will give kudos to Josh. Josh has done a phenomenal job as well and all I can say is

we are moving forward, and we are trying to help remedy this and we will do with whatever is in

our powers.

right, if they want to put up a fence and again, | understand there is concern but he is nowhere

near that house. | am the only one going to be looking at it.

shed, } don’t think the 15 feet would be feasible and also, it’s kind of hard to tell from this

picture but our property does continuously sloop down so I think the further in that you go the

taller you would need it to be able to get the coverage so that is just the one thing that I wanted to

point out. Because that permanent fence that you see that is not even on the property line that is

actually the fence that he put up and it’s not on the property line, its that one piece that is angled

that way in the back of the... guess the part closer to his property that is truer (o where our

property line is. So, the original fence was...that he put up was set back to the property line so if

we were going to try and put one and then 15 feet, then essentially you are going to be going

across our pool and it is going to be even lower elevation so I just wanted to point that out since

it's a little bit hard to tell on the pictures and I totally understand everyone’s concerns but I] just

wanted to provide some context of what we are looking for on the property line.

RESOLUTION 24-0028 Michael Short made a motion FOR TYPE If SEQR

which was seconded by: Donald Hauza.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola ABSENT

Pg. 68 April 16, 2024 Zoning Meeting

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Mr. Feola ABSTAINED

Mr. Spampinato AYE

with the neighbor, again, | understand the need for the fence | suggest or consider putting a

duration on the fence. It being a wooden fence, which I believe that you mentioned on building,

it typically has a 15 +/- year lifespan. Is it possible that once that it “rots” out that this variance

ends up going away. Maybe the use of the neighbors property ends up changing special use and

is nol necessary in that area anymore then the fence isn’t necessary but then if it is another

variance could be done at that time, so ] am almost wondering, do we put a 15-year limit on the

variance on it otherwise it ts indefinite with this property.

MIC) That is what I have been looking at for the last 20 minutes. This precedent to do that I was

trying to find something specific in New York State but typically, variances go with the land and

stays with them forever. There is convenance that can be formative or restrictive associated with

he easement between joining property owners because I am not sure whether we are the authority

on what would be in the covenant or the time limit on it . ] am not saying that we can’t because

they do exist. Josh, ] don’t know. I was telling the chairman that ] haven’t had that issue come

up and I think here, in the context of the potential prosecution with the revisit and the special

permit and what goes on with that property. There may come a time and point when the fence

isn’t needed. I tend to think that if the current landowner were to agree with that, I don’t think

that there is anything prohibiting but ] can’t find anything.

fence the applicant would then need to come back in front of the board so the board can revisit

the situation rather than establish a time limit.

in 15-20 years, the fence is no longer viable and needs to be replaced, if, a 10-foot fence is

expensive, 20 years from now it is going to be more cost prohibited if there is no longer a need

for it, | can’t imagine that the homeowner would want to replace it if there was no longer to

block a sightly view. So, it might just kill itself,

Pg. 69 April 16, 2024 Zoning Meeting

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includes a conventional fence that wraps around as apposed to some type of angled buffer, more

of a buffer than a fence per say. In the picture that is reflected on the monitor there is a fence

that wraps all the way around the pool. Is this contemplating just kind of a buffer to kind of ...

(SHOWING MR. DEMARCO ON PLANS) 5 or 6 feet off of their property line.

(CONVERSATIONS AMOUGST BOARD AND LOOKING AT PICTURES)

Gravel recently applied for a permit and was issued a permit to relocate the existing fence to the

property line, so it really doesn’t do too much to screen the view.

panels which are rotting and have been there for a while, so I think in this case too, obviously it’s

a cost that we don’t necessarily want to have to pay but I think us paying for it and putting in a

brand new fence is going to make that area look a litile bit better than just putting the existing

one back up.

that you guys suggest, when we are working on it but technically, we just are looking for

privacy. If there is stain or paint or what not that is more appealing, we are very much fine with

doing that.

come.

be rotted and my original thought is when the fence is rotted out, you could replace it and then

and come back for a variance, if they want a 10-foot fence otherwise a 6-foot fence

a tickler note that we can put in the address that it needs to come back before the Zoning Board

before the higher than allowed fence needs to be.

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to replace the second shed, you need to come back in front of the board and...

once. Sections degrade. We plan on fixing the fence as it goes rather than waiting till it is all

falling down to replace it.

typically degrade, and | am not going to say completely wholesale but even if you look at your

neighbors fence, it is rotted in multiple sections and has fallen out in different sections and if you

do one panel a year, you will never be able to catch up.

have to come back in?

anymore.

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

There was a fence back there, but it is now gone. This is replacing the fence that was on

the other owners property but it’s taller and it is out of sight except for the neighbor at 545

and he is in favor of it.

2. There will not be a detriment created to nearby properties: So, as far as the detriment to

nearby properties, it will not create a detriment. At the one end of that it is connected up to

the chain link fence and in the back of someone else INAUDIBLE lot a couple of

subdivisions there is some kind of INAUDIBLE lines in there. As far as achievable by any

other method I guess I will say that | am not confident that the view will improve quickly

enough that there is any other besides the fence to block the mess that they are currently

dealing with.

3. This request is not substantial: It is substantial, but given the surrounding area, excess

height is required.

Pg. 71 April 16, 2024 Zoning Meeting

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7. There are no adverse physical or environmental impacts to the site or neighborhood: | think

this is actually INAUDIBLE an adverse environmental impact that was created by a

situation done by the original INAUDIBLE, but the fence is not in my opinion, not going

to impact the water table or the way the water is moving and it’s really not going to impact

anyone’s view but yours.

you wouldn’t need the fence if it were not for the difficulty that was created by someone

else behind you.

This is not an undesirable change: This will be a desirable change because it will at least

hide the view of the dump.

This request is not significant:

RESOLUTION 24-0029 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at 541 Galbro Circle. Applicant

Nathan Corr is requesting an AREA VARIANCE to

allow a 10° tall privacy fence on the lot line where a 15”

setback 1s required associated with the installation of

approximately 147 LF of privacy fencing on a 0.50-acre

parcel having SBL # 078.12-2-3 located in an R-3 Single

Family Residential District under Section 350-79 of the

Code of the Town of Webster which was seconded by:

Donald Hauza.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola ABSENT

Mr. Feola ABSTAINED

Mr. Spampinato AYE

CONDITIONS:

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

Building Permit.

That one-year significant construction shall expire April 16, 2025.

The variance will be for the life of the fence and once the fence rots out the variance

is no longer in effect. If you need a ten-foot fence again you are going to have to

reapply or ask the board for an extension.

Pg. 72 April 16, 2024 Zoning Meeting

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(Corrine Volo read the fifth application)

JACKSON HEIGHTS DRIVE LIVING ROOM ADDITION: Located at 1178 Jackson

Heights Drive. Applicants Don & Maggie Mooney are requesting an AREA VARIANCE to

allow a rear setback less than what is required associated with the construction of a 196 SF foot

living room addition on a 0.77-acre parcel having SBL # 080. 13-2-3.2 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 Nick Mooney. I am representing my parents with this

submission. They are requesting a 38-foot rear setback for a living room addition and backs up

to acommercial district. That is pretty much it.

trees taken down.

footprint of the existing deck so there will not be any further than the existing deck.

(A COUPLE OF PEOPLE SPEAKING AT THE SAME TIME) INAUDIBLE

is with Limelight and the buffer space it’s not going to look like its really too close to the lot line.

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RESOLUTION 24-0030 Michael Short made a motion to FOR TYPE II SEQR

which was seconded by: Donald Hauza.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Lagonor AYE

Mr. Centola ABSENT

Mr. Feola ABSTAINED

Mr. Spampinato AYE

RATTLING)

This request is not out of character in the neighborhood: It backs up to a commercial site

and the house is set far enough back and will not be visible from the main street

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

properties because of the commercial and residential district. It is not achievable my any

other method.

3. This request is not substantial: No

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

INAUDIBLE and not affecting the water ways or anything else in the area.

5. The difficulty is not self-created: Due to the way the property is situated

6. This is not an undesirable change: None. Will add value to the property and to the

residents.

7. This request is not significant:

RESOLUTION 24-0031 Michael Short made a motion to APPROVE THE AREA

VARIANCE Located at 1178 Jackson Heights Drive.

Applicants Don & Maggie Mooney are requesting an

AREA VARIANCE to allow a rear setback less than

what is required associated with the construction of a 196

SF foot living room addition on a 0.77-acre parcel having

SBL # 080. 13-2-3.2 located in an R-3 Single Family

Residential District under Section 350-12 of the Code of

the Town of Webster which was seconded by: Corrine

Volo.

VOTE:

Mr. Short AYE

Mes. Volo AYE

Mr. Hauza AYE

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Mr. Lagonor AYE

Mr. Centola ABSENT

Mr. Feola ABSTAINED

Mr. Spampinato AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire April 16, 2025.

ADMINISTRATIVE ITEM:

e 877 Maple Drive-one year follow up review. Board amended Special Use Permit

to allow 12 hens in total from

6. Corrine Volo: Read into record.

one-year evaluation on April 2024 Zoning Board meeting with a possibility of extending the

special permit and allowing more hens. That was the language of the original approval. Are you

requesting more hens?

another batch.

Supply and most places don’t let you purchase anything less than

6. Nicholas Sereni: I wasn’t sure, I thought it was the total that you had,

they are 6 as well but | could be wrong.

Pg. 75 April 16, 2024 Zoning Meeting

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the garage there, so it is just right behind

photo that I have you have a pool in the back yard as well, correct? Is that on the side of the

garage or behind the garage?

sized appropriately to hold up to 12?

than !2 but they recommend 8 to !4 in there. It’s pretty large.

you can leave it the way it is and then that is the end of the review. If the board is comfortable

with increasing the number in exchange, review later if there are any concerns.

residential district. Applicant to return in one year for a follow-up.

Pg. 76 April 16, 2024 Zoning Meeting

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CONDITION:

¢ Board will review in one year from today 4.16.25. If review is positive the board

will extend a 5-year follow-up.

VOTE:

Mr

Mrs

Mr

Mr

Mr

Mr

Mr

. Short AYE

s. Volo AYE

. Hauza ABSTAINED

. Lagonor AYE

. Centola ABSENT

. Feola ABSTAINED

. Spampinato AYE

¢ Minutes for January 16, 2024, February 13, 2024, and March 26 were approved.

Since there is no further application before the Board Michael Short adjourned tonight’s meeting

at 8:30 p.m.

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

JUL 10°24 24 12:95

LED WEBSTER TWN CLK

WL Wann

Pg. 77 April 16, 2024 Zoning Meeting

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