Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

Michael Short Corrine Volo

Chris Centola Donald Hauza

Rich Feola

James Spampinato

Dan Lagoner

Josh Artuso, Director of Community Development

Katherine Kolich, Recording Secretary

Kyle Taylor, Attorney

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

:

604 DRUMM ROAD PROJECT CHICKENS

e© LOCATION OF COOP WILL BE LOCATED AT SW OF PROERTY TO THE

CORNER OF THE HOUSE.

« NO MORE THAN 8 HENS ALLOWED.

© FOLLOW-UP REVIEW AFTER 6 MONTHS FOR SPECIAL USE.

Pg. 32 March 12, 2024 Zoning Meeting

743 COUNTY LINE ROAD GARAGE

¢ OBTAIN ALL OTHER REGULATORY APPROVALS REQUIRED FOR THE

PROJECT.

e¢ PROCEED TO PLANNING BOARD.

1175 RIDGE ROAD LIMELIGHT AUTOMOTIVE

e FENCE SHOULD BE PLACED AS INDICATED ON PLANS DATED: 2.19.24

DRAWING # C-10; 33 FEET OFF OF SOUTH PROPERTY LINE.

¢ ADDITIONAL PLANTINGS TO BE INSTALLED ON THE EAST SIDE.

¢ APPLICANT TO OBTAIN LETTER OF SUPPORT FOR FENCE AND

PLANTINGS FROM SURROUNDING NEIGHBORS AND PROVIDE TO

TOWN.

e THE APPLICANT HAS WITHDRAWN REQUEST FOR THE USE

VARIANCE

(Chris Centola read the first application)

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

Applicant Joc Barone 1s 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 [am an architect working on this project with

Joe Barone who is in the audience, and he is scheduled to be the builder. Shawn Feco next to Joe

and he is the site owner and Vanesa Cara who keeps Shawn in order.

So, what we are in the middle of that we submitted to you folks is the site plan that is shown on

the overhead screen here but I did pass out a few copies of an adjusted site plan which is the

same thing as this other than showing the potential shift of the building because of some

discussion points we wanted to have so there is nothing more than what | gave to you other than

justa dotted building shift so you can kind of see that.

So, we are here for some site side yard variance request on both side yards, and | also passed

around a footprint of the house that is planned for this site. Shawn has selected a plan that is

small enough. This is a very long and narrow site, so he selected a plan from Joe that is small

enough to fit on the site, but it is still required some side yard variances because the site is so

small, This site plan was in front of you a few months back and we have some more detail here

but to give you a little history, there was a house on the property when it was purchased, and the

house had a fire and has since been moved and you can see that site plan especially on this

Pg.

33. March 12, 2024 Zoning Meeting

overhead to the left, so the existing house and existing site plan is there, There are cut marks in it

and that is why it looks not as long. It is the same site, there are just cut marks to show you.

The reason why I gave you an updated plan that shows a potential shift because there is a flood

zone on the property, and | showed it by that delineated, darker line that is the offset buffer to the

creek that ts there. I also sent a copy to each, and | don’t know if you each got one, but I had of

four, so copies from FEMA to show you where the buffer was, and we are trying to determine

off of Ridge Road what if any are they set back off of the front that we want to set that we

potentially need a variance off the front yard.

So, we wanted to kind of discuss, review of what might make the most sense. We are a little

concerned if we were to position the house outside the floodway it might be a little too close to

the road, it would than require a front yard setback which is what we submitted on, but we

wanted to talk through that and see what approach that we could go forward with the towns

acceplance.

tank and distribution box are still in place, and we are having an INAUDIBLE stake it out and I

don’t have a location of where that exactly is. Itis south of the house right now, so I have

positioned the tank in a distribution box with an assumed delineation of leech behind it with

expansion thal is still yet to be determined because they were trying to use the existing tank but

they to have Dean inspect 1t first. So, our goal would be to use that system and likely will have to

make some adjustments to the leech portion. I don’t know that until he has inspected but with

the weather coming, we want to get going on the house portion with an understanding that if, the

current septic does not work that we would submit a septic design for a new system.

lip assuming they were not previously approved.

is the narrowest footprint they could find with a front loading garage and the reason we could

equalize that, if that is what you are getting at bul we shifted to the one side so there could be

more walk around on the other side that is why there is an ask of five feet on one side and then

seven, I forget exactly 7 point something on the other side...7.86 on the other side and I think the

owner would be amendable to splitting that difference and there was no magic other than trying

lo move to one side and be able to walk around.

shown, which docsn’t match the footprint, so it show so is there a new layout that ts that

identified for the house?

Pg. 34 March 12, 2024 Zoning Mecting

it’s just reversed. The image on the site is just a mere image of that house just because we

wanted the garage on that side.

transitions into the house, it makes more sense to have it on that side.

ability and the hope is that we can utilize the majority of what is left ?'m guessing because

removal of the house orchestrated probably has some disturbance of the leech field that they are

going to have to look at that and access that and 1f Dean determines that the system is not usable

then we are going to have to submit for a septic design. We have delineated it but that ts all this

is, | just want to be clear, it has not been designed but all the requirements are there, and

everything is shown. I just wanted to make sure it fit but technically it has to get perked, and we

have to understand the size. It is probably more than they need but I wanted to be sure.

INAUDIBLE dry well, are you going to have perks done on that?

not much saturation there and once you get further south tt is a little bit saturated but even on a

wet day it is kind of not so based on historic data that | have utilized and that we are just using

that volume that 1 show where the drain leaders are coming off the roof there is room Chris if

that needs to be bigger but I don’t think it will.

additional septic system in there INAUDIBLE more water to it.

but | think that we can splash block it and let it roll away from the house. I think this is a better

lay oul just to....

INAUDIBLE design that you are wailing to get more information. It’s a likely location.

Pg. 35 March 12, 2024 Zoning Meeting

size and quantity putting the septic on the side, on the north side of the house which would be

ideal of course especially if the shift occurs but...so, the perimeters that of potential raised bed

all that would have to be looked at and Dean is going to hep us with that if we can’t use what is

there. So really, I guess the point 1 is how can we go forward with the towns acceptance of

trying to get things started with the information that we have in front of us understanding that

there is a couple of things to do but mostly there are around the septic.

(WE SKIPPED THE READING OF APPLICATION. CHRIS CENTOLA READS INTO

RECORD)

that was provided and it is actually more of a L shape other than what you are showing.

SCREEN) are you seeing what Iam moving? OK, so this is the garage right here (SHOWING

EVERYONE PLANS ON THE SCREEN) It is just a mirror of what is there of what I

submitted. So, the driveway comes down and hits that right now.

footprint that is on you plan. (MICHAEL APPROACHED APPLICANT TO SHOW HIM THE

PLANS)

CONVERSATION WITH APPLICANT) The garage is the only spot INAUDIBLE

the public portion of the meeting.

RESOLUTION 24-0016 Michael Short made a motion for TYPE ISEQR

which was seconded by: Chris Centola

VOTE:

Mr. Hauza ABSENT

Mrs. Volo ABSENT

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr. Short AYE

Pe. 36 March 12, 2024 Zoning Meeting

;

|. This request is not out of character in the neighborhood: Even where it is located there are

limited neighbors on either side.

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

3. The benefit is not achievable by any other method: Based on what I am secing, it is not

achievable by any other method. The previous house there was a fire, and they need a house

up Lo current standards

4. This request is not substantial: No

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

but there is a question on flood land components.

6. The difficulty is not self-created: As the previous home caught on fire and deemed

unsalvageable a new structure needs to be built for the property to be usable.

7. This is not an undesirable change:

8. This request is not significant:

questions relalive to the septic system and it sounds like it is pending further review in Monroe

County whether this board will need additional information from the INAUDIBLE prior to that

so the question for this board would be, are you comfortable moving forward as presented or do

you require additional information to make a determination,

confident that if the existing septic system doesn’t work INAUDIBLE septic system work within

the confines of Monroe County Health Department and the soils there?

end we will make sure that as we go forward the owners certainly doesn’t want to start pulling up

a house, he can’t have sewer in

relief you are asking for, | would hate to think you just spun your wheels and have to come back

asking for different ones based on the results of the perk tests.

seplic design and it is going to be towards the south. There is no other spot to put it.

might necessitate you coming back.

to do that. We are not trying to do something we shouldn't do but I think this is the right course

of action because there is no other piece of property to put it on.

Pg. 37 March 12, 2024 Zoning Meeting

some risks that may not work.

and approved today ends up staying on the property, even if Monroe County Department of

Health does not approve the septic system. When do you anticipate getting the Department of

Health approval.

SHOULD BE COMING UP TO THE MIC)....it’s hard to hear. What happens in that situation

usually Monroe County comes out and inspects the system and you can not get a C of O until

that town gets that inspection so then that will definitely pass. So, it’s kind of like a no brainer.

We can’t allow anyone in until we get that C of O.

were to approve it today, and it moves forward, and then if it is not approved the area variance

still lives with this property. So, really the question for me is.... Your right, the C of O is

dependent on the Department of Health. So, the chicken or the egg.

gotng to make sure it is done right for Shawn and Vanessa because INAUDIBLE.

chent understands that there are some risks. That they are stuck and will he to come back and

appear if they needed to Dan Pieters: chose another house. Like one with less bedrooms for

smaller septic system and you know, just in case it doesn’t 1 don’t want them to feel that they are

stuck with this without having to come back again. So, if we were to vote on it and grant il

INAUDIBLE and if you come back and have several perk tests, sometimes they don’t work.

INAUDIBLE but then again you may have some other issues based on because it is a flood zone

and Monroe County is going to make you jump through some hoops for. Your clients are the

ones taking the risk of that and obviously your feel comfortable and Dan does, and 1 just want to

make sure that there is some risks on their part vs. us voting tonight and either approving or

disapproving itor INAUDIBLE get the results from the system.

Pg. 38 March 12, 2024 Zoning Meeting

that affects the environmental impact being able to determine the SEQR component. So, where

are you with the department of health INAUDIBLE, EVERYONE SPEAKING.

not sure ye INAUDIBLE and go from there....schedwed INAUDIBLE.

location if | received the variances

with INAUDIBLE and actually approve it. INAUDIBLE town attorney whether it

INAUDIBLE. | feel what they are asking for is minimal and this lot isn’t really INAUDIBLE.

SEQR with the information presented however if the information is relative INAUDIBLE the

septic system ts to change from the comments from Monroe County and maybe you can speak to

this a litte more INAUDIBLE and that could affect the SEQR determination.

can’t do it-speaking to attorney) Are understand and you are hearing our comments right now, is

that enough for you to get Dean on board to take a look at the location and they say yes, this is

going to be the location and to be able to get the Department of Health to get that approval and

then come back next month and get everything else that you need with what our conversations

have been here. Docs that’s make sense?

? Joe Barone: Yes

board meeting, are there any questions or concerns with the offsets front and side setbacks that

are presented in this plan?

? Board: No

Pg. 39 March 12, 2024 Zoning Mecting

information to be able to take INAUDIBLE, J am not going to say it’s approved because it's not

but al the end of the day 1 is enough information to take to being able to say, this is tentatively

the location INAUDIBLE conversations with the Department of Health and hopefully by next

month and come back here to so we can formalize everything.

RESOLUTION 24-0017 Michael Short made a motion for TABLED

APPLICATION TO APRIL 16, 2024 which was

seconded by: Chris Centola

VOTE:

Mr. Hauza ABSENT

Mrs. Volo ABSENT

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr. Short AYE

(Chris Centola read the second application)

requesting a SPECIAL USE PERMIT to allow the raising and stabling of chickens closer than

75 feet to any residential lot line on a 0.6-acre parcel having SBL# 063.02-1-41 located in an R-

2 Single Family Residential District under Sections 350-41 and 350-103 of the Code of the

Town of Webster.

Appearing before the board was Elio Realbuto and thanks for hearing me out tonight. I am just

going lo read my letter of intent just so you have a little bit of background of what is going on.

So, this is our survey map, and I will read over this real quick and then | will go over this.

(SEE ATTACHED LETTER-ORIGINAL)

My family and I first got our chickens early last spring. They have been an absolute

joy to us. Allowing my wife Amy and | to teach our 9-year-old son Giovanni some

important life skills like having a strong work ethic, sustainability, and self-reliance.

We take good care of our flock, and they provide us with eggs and sustainable food

for our family. On top of that, they are amazing emotional support animals. We

often sit outside and watch the chickens run around and forage for snacks. It is one

of Gio's favorite after school activities, but ! would say collecting the eggs is his

favorite thing to do with the chickens.

Pg. 40 March $2, 2024 Zoning Mecting

As | mentioned before, we have had these chickens for almost a year now. They are

enclosed in a “chicken run” (non-permanent field fencing) and are never left to free

range. The first time we had a complaint was when we received the Notice and

Order letter in the middle of December, last month. am fairly certain that the

complaint has come about due to the unexpected rooster we had in our flock. We

never intended on having a rooster, we are by no means trying to be disrespectful

to our neighbors. Sometimes you buy chicks that are said to be pullets (females), but

they end up being cockerels/roosters (males). As soon as we started to hear the

crowing, we immediately thought of our neighbors. We are pretty secluded behind

trees and large arborvitae hedge rows. There are maybe 3 houses that might be

affected by the crowing. | brought them all farm fresh eggs and local honey witha

note from our family. We apologized for any issues with the crowing, we are

working on rehoming the rooster and come spring we were going to move the Coop

to another area of the property that would be virtually out of site. This was the

beginning of December, maybe a week later | received the Notice and Order letter

from the town.

We have found a home for the rooster, and he has been removed from the property.

Last month we were also fostering a piglet, he too has been removed from the

property and re-homed. Along with the removal of both the piglet and rooster | am

planning on moving the non-permanent chicken coop to a Jocation on our property

that would make the coop virtually invisible. This location would be a minimum of

100 feet from any other dwelling around. It would be confined by fencing that is

already in place and large arborvitae hedge rows that are at least 12-15 FT high. No

other person or dwelling would be able to even see the chicken coop in the area of

the property, jet alone hear any noise from the chickens.

With the removal of both the piglet and rooster alongside the change of location for

the chicken coop, | believe this will alleviate any problems going forward with our

neighbors. The coop along with our chickens would be out of sight and out of ear

shot to all properties around us.

Sincerely,

Elio Realbuto

Pg. 41 March 12, 2024 Zoning Mecting

RECEIVED

FEB O2 2024

TOWS OFWEBSTER

. COMMUN TYDEN ELOPMEN

So, as you can see (MR. REALBUTO’S PHONE RINGING) I apologize. So, if you can see here

on the survey map, down at the bottom, this is where our current coop is so again, this is the back

of our property. We would like to move the coop, again, this house was built in 1842 and re-

done in 2015-2017 (PHONE RINGING) and so the front side of our house is kind of where I

want to pul the coop. So again, in front of that you have double, there is a double row of large

arborvitae and there ts a slight little hiil, tons of holly bushes, saw grass and cat tails, there is also

trees there. Across from Drumm Road it is all woods. It’s all woods again, the closest home is

well over 100 feet away. Left side, again, arborvitae and fencing. You can’t even see it from

say if you are walking by our house or home or you are driving by you wouldn't be able to see it,

say coming from the north and south just because of the way the arborvitae go all the way across

and then again on the other side of the driveway. It would be 30 feet away from the road and

again, with all that material and things between that and then the coop would be 20 feet away

from the property line but again, this is the absolute back of their property. They have a very

large lot and there house is well ...and 1] know it’s a silly square but that is a pretty good

presentation how are that house is. So again, the other house is on the other side and then there

is a home with a private drive over here so that ts kind of my thought and my hope. | am talking

a lot so if anyone has any questions and again, | apologize for the phone.

8. Michael Short: Are you going to grow that flock or maintain?

them, and I keep things clean, controlled so Tam not really looking for anything more than [0 if I

had them but again, absolutely no rooster.

10. We have tons of wild birds which are crazy loud so compared to

the hens they really don’t make a peep.

Pe. 42 March 12, 2024 Zoning Meeting

it looks like some sort of tying to the ground or....... (?)

there when we purchased the property and I had to put a2 x 4 just to level it out but no, that is

free standing. I moved that myself after I got that off the trailer but yes, we would tratler it and

then just move it to the back and all the field fencing I have, everything that is set up is all going

to come down because I would just need a piece of field fencing covering where our concrete is

so it would actually be less busyness than it is now.

around?

don’t like the aesthetic of it and there was always a though you know....we love Webster, we

love the area and my wife’s family has a little farm on Phillips Road, so we have a lot

INAUDIBLE, so we are not looking to upset anybody INAUDIBLE so no, that is a great

question though. It would just be the coop.

Seeing no public comment.

RESOLUTION 24-0017 Michael Short made a motion FOR TYPE II

VOTE:

Mr. Hauza ABSENT

Mrs. Volo ABSENT

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr. Short AYE

Based on the presentation here tonight,

1. This request is not out of character in the neighborhood: [tis minimal and does not appear

1o disrupt the character of the neighborhood although the problem is self-created and once

again, Minimal impact

Py. 43 March '2, 2024 Zoning Meeting

[

2. The difficulty is not self-created: The difficulty cannot be fixed by any other method

INAUDIBLE chicken coop and the character of the neighborhood will not have a negative

affect on the neighborhood.

permil gives us the opportunity to see how things go along for a certain duration and then kind of

re-visit it. Again, [am recommending, and I will allow the other board members to weigh in. It

is a six-month duration, and I will also recommend no more than 8 hens and I really do appreciate

it if you relocated the coop to the front of the house. I went by the house earlier today and you did

a very nice job of hiding that area. You have heard the complaints from the neighbors, and you

have done everything you can to work INAUDIBLE, so I appreciate that. With that 6-month

duration and the max hens of which you have now is what I want to indicate for this special use

permit, Do you have any questions?

noise if that happens. [ think that is far and I appreciate it 100 % and like you mentioned before |

appreciate that because I have been doing everything that ] can to work with the town 100 % and

Josh and Katherine have been fantastic helping me through it and I appreciate it. Thank you.

use permit and the max number of hens is

8. After six months we will have to re-visit. So, after

six months if we get complaints again you will have to come back to this board, and they have

every right to INAUDIBLE additionally you had indicated that location of your chicken coop

which is in the southwest corner of the property at the corner of the house, and I am going to put

that as a condition as well and hopefully INAUDIBLE and the hens INAUDIBLE

RESOLUTION 24-0018 Chris Centola made a motion to APPROVE THE

AREA VARIANCE Located at 604 Drumm

Road. Applicant Elio Realbuto is requesting a

SPECIAL USE PERMIT to allow the raising and

stabling of chickens closer than 75 feet to any

residential lot line on a 0.6-acre parcel having

SBL# 063.02-1-41 located in an R-2 Single

Family Residential District under Sections 350-41

and 350-103 of the Code of the Town of Webster.

which was seconded by: James Spampinato.

VOTE:

Mr. Hauza ABSENT

Mrs, Volo ABSENT

Mr. Centola AYE

Mr. Lagonot AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr, Shart AYE

Pe. 44 March 12, 2024 Zoning Mecting

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire March 12, 2025.

e Six-month special use permit and a max of 8 hens.

e Chicken coop to be located at the southwest corner of the property at the corner of

the house.

(Chris Centola read the third application)

COUNTY LINE ROAD GARAGE REBUILD & EXPANSION: Located at 743 County

Line Road. Applicant Kirk Willis is requesting an area variance to allow a side setback less than

what is required associated with the demolition of an existing garage and construction of a new

848 SF garage on 2.5-acre parcel having SBL # 066.03-1-46 located in LL Large Lot Single

Family Residential District under Sections 350-13 and 350-36 of the Code of the Town of

Webster.

Appearing before the board was Bryan White from McMahon LaRue Associates. ] am here

tonight with the applicant and the property owner, Kirk Willis. We are proposing to demolish an

exisling garage structure located at the property of 743 County Line Road and we would like to

construct a new pole barn and generally from the same footprint. This property also includes a

flood zone and flood way, and we are looking to mitigate the encroachment to the floodplain

with a side setback vartance. I do see on the plan that we do have a type o. We are proposing a

5.1-foot side setback area variance for this particular pole barn. There is an existing garage there

of 431) square feet and we are proposing an 848 square foot structure. | am available to answer

any questions along with Kirk.

lo be siding?

I can certainly distribute it if you would like to see a very similar structure to what we are

proposing. (HANDED OUT PACKET, SEE ATTACHED)

of the pole barn or the garage?

Bryan White; | will let Kirk answer that.

much anything for outdoor, garden equipment, tools, and things of that nature and of course J

was looking tor some area fora woodwork shop and things like that a hobby shop so that is the

primary reason for it.

Pg. 45 March 12, 2024 Zoning Mecting

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did, and we did attempt to look at the structure towards the rear of the parcel and if we fook at

the instrument survey, [ would say approximately 90-95% of the property is in the flood plain so

we did originally propose the structure toward the south westerly corner of the parcel

unfortunately the volume of fill to mect the flood plan requirements exceeded the budget that we

had for the project. So, we have actually reduced the proposed size of the structure as well as

relocated it partially outside the flood plain to help mitigate the construction cost and flood plain

requirements. We did try and push the structure as well. There is a different designation between

a FEMA flood way and a flood plain. The flood way is more restrictive as far as improvements

within that area so on our grading plan I actually pushed it as far as we could into the flood plain

while staying out of the flood way zone, which again, very regulated when it comes to

permitting.

So, we are working on this particular structure proposes flood vents and we are still finalizing

our design. The footprint will remain the same, itis just a matter of establishing the final floor

elevation for the structure.

we are reviewing the possibility of trying to raise that finished floor up 10-12 inches to bring our

FEMA requirements for FEMA, so we don’t have to have food vents, so we are still reviewing

that and that certainly won't impact any off-sight drainage that we propose.

would just be raising the finished floor?

proposed on this plan so we can maintain our drainage courses, but we would raise the finished

floor potentially and then have to retaper the entrance where the driveway areca is.

orientations? You have a concrete pad there further closer towards Monroe County line or even

rotating it to INAUDIBLE outside of the flood plane.

Sherry so that was a critical part of the project which 1s why we have that jog in the proposed

structure to keep the patio where it is.

well?

Pg. 46 March 12, 2024 Zoning Mecting

removed and start from the ground up for that from the foundation,

the board.

RESOLUTION 24-0019 Michacl Short made a motion for TYPE IT SEQR which

was seconded by: Chris Centola.

VOTE:

Mr. Hauza ABSENT

Mrs. Volo ABSENT

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr. Short AYE

1. This request is not out of character in the neighborhood: No

2. There will not be a detriment created to nearby properties: No. Based on the flood way

and the elevations it doesn’t appear that he can solve his need for a larger space for a garage.

The benefit is not achievable by any other method:

4. This request is not substantial: Especially based on the size of his lot or at least the useable

lot area

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

not appear to be any other than grading with in the 100-year flood zone

6. The difficulty is not self-created: Although it is self-created it is minimal in it’s approach

7. This is not an undesirable change: It is not undesirable for the neighborhood.

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

~~

maintain what itis or?

for the flood zone if | remember correctly. There is another application that needs to go to

Monroe County.

development permit issued through the town. f would also like to note as well, because this

structure exceeds 500 square feet we have to go to the Planning Board as well for review. So,

contingent on your approval we would prepare an application for the Planning Board as well.

Pg. 47 March 12, 2024 Zoning Meeting

;

RESOLUTION 24-0020 Michael Short made a motion to APPROVE TWO

AREA VARIANCES COUNTY LINE ROAD

GARAGE REBUILD & EXPANSION: Located at 743

County Line Road. Applicant Kirk Willis ts requesting an

area Variance to allow a side setback less than what ts

required associated with the demolition of an existing

garage and construction of a new 848 SF garage on 2.5-

acre parcel having SBL # 066.03-1-46 located in LL Large

Lat Single Family Residential District under Sections 350-

13 and 350-36 of the Code of the Town of Webster which

was seconded by: Dan Lagoner.

VOTE:

Mr. Hauza ABSENT

Mrs. Volo ABSENT

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr. Short AYE

required and INAUDIABLE to the Webster Planning Board.

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire March 12, 2025.

APPROVED WITH CONDITIONS:

¢ OBTAIN ALL OTHER REGULATORY APPROVALS REQUIRED FOR THE

PROJECT.

¢ PROCEED TO PLANNING BOARD.

(Chris Centola read the fourth application)

requesting an area variance to allow a district buffer area less than what is required associated

with the installation of a privacy fence and Iegalization of a parking area as well as a use

variance to allow a Penske Moving Fruck rental operation on 2.03-acre parcel having SBL #

O80. £3-2-3.11 located in MC Medium Intensity Commercial District under Section 350-18 of

the Code of the Town of Webster.

Appearing before the board was Steve Smith and 1am the owner of Limelight Automotive. This

has been quite a large project if you will too get the approvals needed to complete this project.

Pe. 48 March 12, 2024 Zoning Mecting

Starting in 2022 we came in front of the Planning Board and received our approvals there. We

went through the Zoning Board and essentially what out project included was the purchase of

1175 Ridge Road and then to construct an addition to the west of that building and then the site

work involved with that. Upon our original application, we had placed a fence in an area that

was not allowed in the Town of Webster and essentially creating an area situation that was not

allowed in Webster. Our original plan is very similar is like what we have at this point and

unfortunately through the year and half of construction, miscommunication and a few things

occurred, and the parking lot was paved beyond what was approved during those meetings.

Again, our original application had included a fence about 6 feet off of the edge if the concrete or

I'm sorry, off the edge of the pavement and what we were asking for is when it is to the

pavement or within a foot and half of what we have at this point, but we did not come back for

the approvals in time to have that, those before the paving was done unfortunately. 1 am not

going to get into too much, unless you guys ask what really happened with that but to make a

long story short, we did end up coming back last year for approvals for that and that was the first

time through out this project that I represented myself and completely, honestly, I rushed through

that process a little bit more than ] should have. When I had submitted that and placed a fence

on the property line which after further conversation with the neighbors and everyone, it was not

acceptable essentially. After that board meeting where we were denied last year, | have been in

constant communication with the neighbors looking to come up with a solution to the problem

and essentially shrinking our parking lot would create some a very difficult turning cavironment

for trying to get vehicles in and out of the new building so that was something that I requested

that we try to maintain the size of the parking lot that we have which by the way

was...essenuially very similar to the preexisting limits of that parking lot prior to me purchasing

the property. So essentially, I have come back and requested tonight is that we add a fence 6 feet

past that parking fot. White vinyl is what we have chosen for the material of that and that 1s

largely because of the request of the neighbors. We have already planied some trees in

conjunction with some of that plan and plan on planting more as a request from the neighbors at

this point so. Again, F apologize for unfortunately tonight coming here and asking for some

forgiveness for what has already happened and that is kind of where we are at, bul I am looking

to make sure that we are a staple in this town, and we want to be here fora long time. Again, |

didn’t intend on crealing a negative impact on us whatsoever just some unfortunate situations

have come up or had come up through this process and being new to this entire thing, I didn’t do

things [00 percent correctly per some of these things. I am here tonight to make sure that

neighbors are involved and that the minimal changes that we made to the original site plan that

we requested in 2022 hopefully get approved tonight and we can go forward and finalize this

design plan,

as an area variance?

moving across the street, | met with my lawyer, I met with my designer for the property so aside

Pg. 49 March 12, 2024 Zoning Meeting

from the arca variance that we are requesting, I am sorry, let me go back. We had renting 1186

Ridge Road across the street for 5 years and upon renting that facility you could sce that it hac

already been used as a Penske location before that, so we reached out to Penske, and it was very

easy for us to get the truck and the rental business started in that Facility. We operated that

facility as a rental place for over, almost 5 years prior to us moving. When we did move across

the street, we did continue with the operations of that and did not realize that was any or was

going to be a violation of the code from what we requested unti] what we have gotten through

these approvals and unfortunately through the code enforcement stuff, we did receive a letter a

few months ago that basically asked us to seize the operation of that business but prior to that we

did operate out of this current location at 1175 doing these Penske truck rentals for roughly 9

months before that is was something that we eventually stopped. Right now, the communication

between me and the Penske representative is that we are on pause and if I need to call him and

tell him we are not allowed to be able to do this, that is a phone call away but this is something

that we have been building as a business in Webster for over 6 years now and to be honest, we

do like doing it and 11 1s fairly a simple process for my sales and associates in the front to

maintain. These trucks are not so the difference between a Penske and a U-Haul because I see

what happens on North Ave, there is a ton of trucks over there and occasionally they can not be

moved and causing an issue with storage. I believe that U-hauls are franchised so once you are

the owner of a U-Haul you are essentially responsible for everything on that lot. As a Penske

rental facility, we have the ability to call different or other Penske’s around Rochester. There is

a home or hub if you will in Henrietta and through out a lot of this process, we have

communicated with them and across the street we had a litthe bit more room, so we were able to

keep a tuck or two on the lot but as we have multiple trucks sometimes, they get dropped off in

the summer months when moving when it’s a little more common. We had communicated with

them and were able to very quickly get these trucks moved off the lot as they got dropped off

from being used, dropped off at our location and sometimes an hour or two prior to them being

rented. Typically, it would be the night before a rental would have been scheduled but we have,

if you will, runners (o move these things around so it’s a litte bit different then some of these

other rental companies if you will. We have a litthe more freedom moving these trucks but that is

essentially what we are looking to do is continue the operation of that with some contingencies

that | have added, which is to not to essentially allow any storage on the property. We don't

need a truck to sit there at any point and time. In the 6 years that we operated this way, in the

amount of times that someone walked in looking for a truck there on the spot was very little.

Maybe | or 2 times over the 5-6 years and so essentially, most of these were scheduled; we knew

about them weeks in advance and obviously people are not buying houses and moving within

days or anything like that, so these are usually scheduled weeks in advance, and we are just there

lo be a friendly hub to allow that to be rented from us. If we are not able to do that then these

customers are going to have to travel further and that is going to create a Jarger miles, they will

have to travel more miles in order to get these trucks to and from Webster so they can use these

trucks to move and that increases the bill for these customers. It is based off a flat rate and then a

mile additive to that so.

Pg. 50 March 12. 2024 Zoning Mecung

ft setback for what a 100 foot was required, and I was here at the last board mecting and for

various reasons, the pavement was constructed at the 41 foot is what I recall and that is what

your survey maps are all showing?

foot setback vs the 41-foot setback and you are saying !6 off of the edge off of the asphalt?

board that we do separate out the use variance and we discuss the use variance separate from the

arca variance. We can make a determinations in the end, but I do want to look at cach one

independently of each other. One of the reasons that | want to do that is, as the Zoning Board

especially with use variances, there is a fairly stringent component that we really need to meet

and there have been a bunch of different case studies and what not that at the end of the day we

need to have proof for the use variance of the INAUDIBLE reasonable return that it is not just

closing the Penske business that must be evidence by dollars and sense proof to be able to prove

that component. I know Josh has mentioned specifically for the use variance it would probably

be beneficial for you to work with and have an attorney to help support you through that use

variance.

that the hardship is (7?) [S (I can’t hear) created and again, that has to be proved out by dollars

and cents proof which has not been provided to this board. So, one of the things that we can do

again, | recommend that we separate them out and we can look at reviewing them together,

approving and denying or we can look at the use variance, table the use variance, look at them

separately so T guess Tam looking to you, are you....1 don’t know how the board is going to go

one way or the other with it but one is a lot more stringent than the other. H you want to take the

use Variance back and continue to do research and pull together your documentation that might

be something worth considering. INAUIDBLE the area variance, | was here for the last board

meeting in 23 and it’s...again with the board in 22 approving the different setbacks, you got that

approval and you attempted to address that in your ietler to us, but they granted that condition to

you that you accepted and then again, not rehashing the 23-board mecting but ended up, not

following. Whether is was you or whether it is the contractor at the end of the day it is still to the

Py. St March 12, 2024 Zoning Meeting

benefit you and limelight. Tam glad to hear that you started a dialog with your neighbors. Do

you have letters from any of the neighbors approving, agreeing to with the concession

INAUIDBLE.

willing to speak on this. We have had dialog and I have requested that there be some, but I was

not going to push on that much. Again, | take full responsibility for everything that has happened

with the situation as far as the area variance. There is not much to say, I am here, and it’s been

an unfortunate circumstance and untimely events that for some of this stuff to happen, but !

realized that after that 2023 meeting and I very quickly and immediately called the neighbors

and apologized to them deeply and realized what my mistakes were through that board meeting

and that a lot of the communication with the neighbors would have very likely created a

difference aspect and potential outcome with the board here. I set myself up for failure during

that meeting and | completely take the fall for that so. To go over the use variance really

quickly, | would like to retract that completely tonight and if 1 do choose to go forward with

anything like that as you said, I should talk to a lawyer. That has not been the lingering stress

that I have had over the last year and half so. A lot of things have caused these things to go on

bul again it was worth a try and it’s kind of where [’m at with the use variance, but I would just

like to retract that and separate these two matters tonight.

are going to do anything with that, | would be much better prepared for that, and it ts probably

going to take me more than a month to get to that point. Currently Pam still in contracts with the

danks that | need to close on this property and completely honestly the area variance is much

more important to me and the use variance, if denied tonight and it sounds like not only would it

be done tonight but it would be a very difficult thing to argue in the first place and it probably is

not worth my while. Lam taking a lot of my efforts to get to the end of this rope here with the

purchase of my own property, it turned from exciting to a little frustrating at times and again, |

apologize for any of this that | have caused but that use variance was something I felt ] owed

mysclf at least to try for tonight but | igured the board would Jook at it like they are so again |

don’t want to table that I would like to retract that portion and hopefully separate/break this into

just an area variance on request tonight. So again, just to reiterate you had mentioned at 41 fect

and 35 feet, Fam just going over the paperwork and so we did end up being slightly past that 41

Pe. 52 March 12, 2024 Zoning Mecting

feet. | believe we ended up at 39 and halfas of right now, where the concrete ends. | misspoke

as well, | said 6 fect from the pavement, iC is 8 feet from that pavement, so we end up requesting

at 31-foot variance tonight. Again, the original request in 2022 was for a41-foot variance to

what we thought was pavement. There is a special code in the town of webster that does not

allow a fence in that area so upon that request that we had, we learned this and we were forced to

make a decision fairly quickly in that board meeting to either come back with an edited version

of our site plan or to accept the area variance that we had requested but to move the parking lot

back and allow that area we requested to be the fence rather than to the parking lot line. So,

essentially, we have done exactly what that original request was within as I said a foot and half

to that parking lot that we requested, and the onty difference is the formality and the actual

request that we had tonight is for what the town of webster needs to see which is for that fence

rather than that parking Jot line and that is where we end up with our 31-foot request tonight.

survey map that I have has the 6 fect off the edge at 33 feet and 39 feet is where INAUDIBLE

again, that is what INAUDIBLE.

which is what I was reviewing prior to tonight. It does mention a 31-foot request tonight so |

am, tnless | am mistaken, ] would like to go off of the drawings that the engineer had given us.

So, 33 feet and either way, you can’t pul a fence where there is already some pavement so

whether it is a foot or two off that paving line, 6-8 feet is very minimal to me. | want enough

space to be able to put snow fall if we get anymore here in NY but that is kind of the idea, Aside

from that, if it's a 33 feet request on the drawings that is what I would like to go off of. Six feet

off the pavement there. (MICHAEL SHORT APPROACHED APPLICANT TO

COMPARE/DISCUSS PLANS) I am not sure if my stakes......... if anybody visited the

property.

slightly inside of that.

and again, it’s been a couple months, Tam sorry.

you already mentioned i, ts for snow?

landscape installation?

Pg. 53 March 12, 2024 Zoning Meeting

made a couple of mistakes as well. The cast neighbor, Gary here, has requested a few extra

arborvitaes so those will be added as well. That is on the plan, just east of the property, past the

parking lot there.

that fence and their property line, we are more than open to doing that and ] know that doesn’t

require approval from the town to add that kind of stuff but again, Iam not here to bother the

neighbors, I never want to do that in the first place. This is a pretty bad situation [ got myself

into and hopefully we can resolve this tonight. The goal is to really increase the buffer; stop any

unsightiiness if any, although, | think we have developed the property pretty well to look well

but sounds or any of that kind of thing, we are looking to make a nice, wooded area of about 30

feet from that fence to their property linc, so it’s added privacy and things like that.

it in.

should put it in our conditions as part of the approval process.

the audience for public comment. Is there anyone who wishes to speak? Ok, | will close the

public portion for comment.

RESOLUTION 24-0021 Michael Short made a motion to FOR TYPE Il SEQR

which was seconded by: Chris Centola.

VOTE:

Mr. Hauza ABSENT

Mrs. Volo ABSENT

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr. Short AYE

Py. 54 March (2, 2024 Zoning Meeting

1. This request is not out of character in the neighborhood: It is not, and he has talked to his

adjacent neighbors and has worked out a solution to their concerns. Based on the way the

lot is already developed, it is not achievable by any other method.

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

3. This request is not substantial: It is not.

4. There are no adverse physical or environmental tmpacts to the site or neighborhood: [t does

not include any type of impacts

5. The difficulty is not self-created: It is somewhat self-created but once again, the relief is

minimal.

6. This is not an undesirable change: It does not create any undesirable characteristics for the

property of surrounding neighborhood.

7. This request is not significant: Ht is not.

RESOLUTION 24-0022 Michael Short made a motion to APPROVE THE AREA

VARIANCE Located at 1173-1175 Ridge Road.

Applicant Steven Smith is requesting an area variance to

allow a district buffer area less than what is required

associated with the installation of a privacy fence and

legalization of a parking area as well as a use variance to

allow a Penske Moving Truck rental operation on 2.03-

acre parcel having SBL # 080.13-2-3.11 located in MC

Medium Intensity Commercial District under Section 350-

18 of the Code of the Town of Webster which was

seconded by: Dan Lagoner.

VOTE:

Mr. Hauza ABSENT

Mrs. Volo ABSENT

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Feola AYE

Mr. Spampinato AYE

Mr. Short AYE

permit for the fence as well.

town, it usually lake a couple of days.

Pe. 55 March 12, 2024 Zoning Meeting

;

CONDITIONS:

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

Building Permit.

That one-year significant construction shall expire March 12, 2025,

FENCE SHOULD BE PLACED AS INDICATED ON PLANS DATED: 2.19.24

DRAWING # C-10; 33 FEET OFF OF SOUTH PROPERTY LINE.

ADDITIONAL PLANTINGS TO BE INSTALLED ON THE EAST SIDE.

APPLICANT TO OBTAIN LETTER OF SUPPORT FOR FENCE AND

PLANTINGS FROM SURROUNDING NEIGHBORS AND PROVIDE TO

TOWN.

THE APPLICANT HAS WITHDRAWN REQUEST FOR THE USE

VARIANCE.

ADMINISTRATIVE ITEM:

e No minutes were approved.

Since there is no further application before the Board Michael Short adjourned tonight's mecting

at 8:45 p.m.

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

APR 17 9a saa

FILED SERSTER Tun cLK

Pe. 56 March $2, 2024 Zoning Meeting