Minutes

WEBSTER ZONING B OARD OF APPEALS MINUTES

Donald Hauza

Corrine Volo, Secretary

Michael Short

Dan Lagoner

Chris Centola

Rich Feola-audience

James Spampinato-audience

Kyle Taylor, Attorney

Josh Artuso, Director of Community Development

Katherine Kolich, Recording Secretary

Michae} Short: Good evening and welcome to the Zoning Board Appeals meeting for January

16, 2024. (AUDIO IS TERRIBLE, CAN NOT REALLY HEAR WELL)

Pledge of Allegiance

Call Roll

the agenda, 1599 Ridge Road and 941 Showmaker have both been tabled to February 13, 24

meeting.

Summary of Application Outcomes

TABLED MATTERS

:

1599 RIDGE ROAD SINGLE FAMILY RESIDENCE

2024 MEETING.

SCHEDULED MATTERS

:

SHOEMAKER ROAD GARAGE AND FRONT PORCH ADDITION

2024 MEETING,

Pg. } January 16, 2024 Zoning Meeting

LAKE ROAD RESIDENCE RENOVATION

SUDORE SUBDIVISION

2024 MEETING.

(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.

RESOLUTION 24-001! Michael Short made a motion for TO TABLED

APPLICATION TO THE FEBRUARY 13, 2024

VOTE:

Mr. Hauza AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Short AYE

(Corrine Volo read the second application)

SHOEMAKER ROAD GARAGE AND FRONT PORCH ADDITION : Located at 941]

Shoemaker Road. Applicant Randall F. Peacock is requesting an AREA VARIANCE to allow a

front setback Jess than what 1s required associated with the construction of a 20° by 22° attached

garage and !2° x 15’ open front porch on a 0.57-acre parcel having SBL# 064.10-1-25 located in

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

Webster.

RESOLUTION 24-002 Corrine Volo made a motion TO TABLED

APPLICATION TO THE FEBRUARY 13, 2024

VOTE:

Mr. Hauza AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Short AYE

Pg. 2 January !6, 2024 Zoning Meeting

(Corrine Volo read the third application)

Schick is requesting permission to allow for the alteration of a non-conforming building

associated with the renovation and reconstruction of an existing 2-story single family dwelling

on a 1.0-acre parcel having SBL# 049.08-1-8 located in an R-1 Single Family Residential

District under Section 350-94 of the Code of the Town of Webster.

Appearing before the board was Jon Schick and | am the applicant. I do have a couple of letters

of approval from a couple neighbors. Should [ bring them up to you?

house is preexisting on both the east side and the west side because it exceeds the setback

requirement, and the lot is also not compliant. So, we are proposing to take the addition on the

north side of the house down to the floor deck and reconstruct it. It has a very low plate light on

the lakeside so and the windows are only this high off the floor, so we are trying INAUIDBLE

and in concept with that, we are planning to move all the living spaces to the rear of the house

the view is pretty specular. So, that is the one area that is having a major reconstruction. On the

south side of the house there was, we think it might have been, a one-car garage al one point. It

that point. It is flush with grade and the floor level of the house that extends to the south the

most. So, once we start doing demo will know for sure what that was intended for. But it is also

the area of the house that 1s most compromised because its proximity to grade and a lot of plates

are rotted and there is no heat in there. [tis not livable or habitable.

The only other change that we are proposing other than renovating the interior, we are adding a

second floor to that same area, that same footprint that extends to the south and we will be

adding a master bathroom above that sink area. Everything else, we will be keeping bearing

walls but gutting the interior and insulating new windows; new walls; new HVAC system. |

mean everything is....some of the rooms have no heat or inadequate heat. We also think that the

house was originally built as a seasonal home. So, the heat that is there is sort of just electric

baseboard heat so there is no central heating system and tonight, I am sure the house is going to

be pretty cold. They did live there last winter and on days like today, they could only get the

temperature of the inside to 60 degrees so it’s in despite need of renovation. So, that is

essentially it. So that is the primary reason for us being here is the fact that the existing house is

preexisting and nonconforming.

Pg. 3 January 16, 2024 Zoning Mecting

January 5, 2025

The Town of Webster

Zoning Board of Appeals

To Whom It May Concern:

We are writing in support of the proposed enhancements that Rich and Susan Fox intend to make to

their residence at 1162 Lake Road, Webster, NY in 2024. We reside as immediate neighbors to the Foxes

at 1160 Lake Road. We have been informed of the proposed enhancements and fully understand that

the footprint of their residence will not be expanded, but rather the intended renovations will add value

to the property as well as the neighborhood, in general. These improvements benefit all partes involved,

both directly and indirectly.

We urge you to consider this letter as our support for their proposed project.

Thank you and kind regards,

dupe IN Kk G Me Ky

James (Jr.) and Kristen Rodenhizer 4

1160 Lake Read

Webster, NY 14580

December 21. 2023

fown of Webster

/oning Board of Appeals

We would like to express our support for the proposed house renovations at 1162 Lake Road. The

changes would improve the livabilty for the Fox's and enhance the value of the property.

— cy Pa

Nancy and Thomas Peeth [te wey fl,

1158 Lake Road. Webster NY

it looks like an additional gas fireplace is going in. Is that protruding beyond the existing

footprint. If you go to Al | Josh.

public that wishes to speak for or against this application? Seeing no one, this closes the public

portion.

RESOLUTION 24-003 Michael Short made a motion for TYPE If SEQR which

was seconded by: Corrine Volo.

VOTE:

Mr. Hauza AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr, Lagonor AYE

Mr. Short AYE

I.

This request is not out of character in the neighborhood: All the lots along that section of

Lake Road were created before the existing code was in effect, many are narrower than

allowed.

There will not be a detriment created to nearby properties: We do have letters from two of

the nearing neighbors and they are in favor of it.

The benefit is not achievable by any other method: The applicant is actually using the

existing footprint and just improving the building so there really is no change at all. It ts

justan esthetic improvement.

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

are none. Being on the lake, do you need permission from the DEC, or have you already

got the approval? Is there any special directions I guess from the DEC, since you are along

the lake front that you need to get changes to elevations, or anything based on....

Pg. 4 January 16, 2024 Zoning Mecting

altering the existing structure, but you have to at least check with them to make sure there is

INAUDIBLE

6. The difficulty is not self-created: The lots have been there longer than I’ ve lived in Webster.

Does anyone need to add to that?

7. This ts not an undesirable change: No

8. This request is not significant: NO

RESOLUTION 24-004 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at 1162 Lake Road. Applicant Jon

Schick is requesting permission to aliow for the alteration

of a non-conforming building associated with the

renovation and reconstruction of an existing 2-story single

family dwelling on a 1.0-acre parcel having SBL# 049.08-

1-8 located in an R-1| Single Family Residential District

under Section 350-94 of the Code of the Town of Webster.

which was seconded by: Chris Centola.

VOTE:

Mr. Hauza AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Short AYE

CONDITIONS:

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

Building Permit.

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

e IF the DEC requires any permissions

Pg. 5 January 16, 2024 Zoning Meeting

(Corrine Volo read the third application)

area variances to allow setbacks less than what are required associated with a lot line adjustment

to separate an existing detached accessory structure from its current parcel in order to facilitate

building a new single family home on adjacent parcel and attaching it to said accessory structure

involving (2) parcels totaling 3.31-acres having SBL #’s 050.01 -1-32.2 and 050.01- 1-32.11

located in both an R-! & R-2 Single Family Residential District under Sections 350-10, 350-11,

and 350-36 of the Code of the Town of Webster.

Appearing before the board was Al LaRue with McMann LaRue Associates and Frank Sudore,

the longtime owner of the property. The parcel used to be quite a bit larger. He is in the

construction business and had a larger building which he demolished part of that building so that

we could put a property line, which is depicted as lot

1. This parcel, lot | is partly in the R-1

zoning and the R-2 zoning so with the structure that remained, existing structure in R-2 zoned

1 5-foot minimum size setback is the code so we placed the property line of lot | 15.02 feet from

that existing structure which resulted in a hold on lot | being 14.57 which is why we are asking

for the 14.5 variance, INAUDIBLE and those kinds of things.

The driveway is going to be removed and fully plans on building a new home on what will be lot

2. So, the garage, the rear setback is 51.019 based on a survey, we did on the survey for these

properties and the rear setback is 55 feet required which is one of the variances required within a

side setback on lot | for the existing home and those are the two variances that we are needed to

make this plan come together. Are there any questions that you’d like answered?

where we thought splitting the difference between the existing structure that is in the R-2 zone

mostly, splitting the difference between them made the most sense but while we are doing il, we

mis well just make the garage that now exists on what we are planning on is lot 2, make that

comply and then INAUDIBLE a little bit less.

longer there?

demolition permit and the town requested me to remove a 20 X 26-foot section INAUDIBLE

Pg. 6 January 16, 2024 Zoning Meeting

(PAPERS RATTLING) asphalt which we took the concreate oul, the asphalt out, and topsoil and

we have nice Jawn in there now and we put all the fence back because the fence was missing, and

I know that you have been by. Cars have been coming in and out and it really does look fantastic.

INAUDIBLE itself. So, we are going to proceed now with the house until the demolition part

was done and get a permit for the house INAUDIBLE which was done with this new survey. [

have house plans that I'll come in and share. It will be a 2500 square foot 2-bedroom ranch.

will be to 3-4 acres, (PAPERS RATTLING) is that where the existing garage was?

hammerhead road going there we are just under | acre lots, but we need the 28,000 sq foot for

both lots.

garage there is that the only reason (PAPERS RATTLING) you are placing the house location

because that is where the existing garage ....

building will become part of anew ranch. [have plans once I go INAUDIBLE to the town.

2015, 2018 one of the uses of this shop is you have a construction site INAUDIBLE

because my son was not into it. At one time he was into it but now he has a little child, and they

are thinking of moving to California. So, all that is lost and the original plan, this is just

INAUDIBLE.

(MR. AL LARUE APPROACHES THE BENCH AND IS HAVING CONVERSATION WITH

MICHAEL SHORT. SPEAKING AT THE SAME TIME AS FRANK SUDORE. A LITTLE

HARD TO HEAR WHEN ALL PARTIES ARE SPEAKING)

house and the garage so compleicly on the other side INAUDIBLE 30-degree angle and once a

bring my plans in INAUDIBLE,

(MR. HAUZA REQUESTS THAT MR. AL LARUE SHARE THE PLANS WITH THE REST

OF THE BOARD-MR LARUE HAVING CONVERSATION WITH BOARD MEMBERS)

Pg. 7 January 16, 2024 Zoning Mecting

original garage was INAUDIBLE with a two car, so I took the whole system down and | am

going to put it on the left side which is where I have all the property on the left side of what is

there.

(MR. AL LARUE MOVES DOWN TO SPEAK TO OTHER BOARD MEMBERS AND HAVE

CONVERSATION)

setback variance was that which was approved, that is for this parcel as well? I guess I am just

trying to......

have a home added to it. When the applicant came before the board and referring back to the

minutes from 2015, June, July, August timeframe...Mr. Sudore and his son came to the board

and they were going to subdivide the lot roughly where they are now so there would be [5 feet

from the existing house, roughly 15 feet from the garage and add a house to it.

Michae! Short: So, did that not occur then? So, you guys didn’t subdivide the property?

the subdivision came in after my son decided to move to California.

to subdivide it, you got the approval and at that point you did not move forward with it, with the

subdividing.

the road and then INAUIDBLE an extra and will do the rest of it which now the rest of the

Pg. 8 January 16, 2024 Zoning Mceting

property is sold and will now be divided by five people. So, we have half the road done now and

then in Spring we will do the other half.

just for the maintenance of that driveway, the private drive?

agreement for the private drive.

General’s office stating......

Kyle Taylor, Attorney: I don’t know that that is a requirement and I’m assuming that if it is an

easement across the property that there is going to be a private driveway INAUDIBLE (two

parties are speaking at the same time) I don’t think 11 is required.

unless they changed it. Are you considering splitting lot 2 into additional lots?

lots now and there are sul! going to be two lots.

parcel. Which would lend itself to possibly further subdivision. Are you anticipating on

subdividing?

survey done, I am going to build on the one lot and then subdivide and build on the second lot.

There is a road that has to have a hammerhead for fire trucks to come in, so I have to get all that

up front and Lam working with Phillippone who is working on the sewer tie in because he has

storage right in the back of that property but again, | need to get through this first,

Pg. 9 January 16, 2024 Zoning Meeting

sul have two lots, but it will be different sizes. INAUDIBLE sub divide lots R-2 INAUDIBLE

future plans.

questions from the board members?

from what the house will be on the revised lot

2. Iam going to assume or perhaps maybe ask the

board to condition that you would not need any further variances or build any further into the

setback then the setback of the house then the garage already is.

setbacks.

INAUDIBLE. Personally, I would like to sce what the future plans really bring.

potentially looks like as well. That is my opinion. (NOT SPEAKING LOUD ENOUGH) For the

Pg. 10 January 16, 2024 Zoning Mecting

public hearing, is there anyone wishing to speak for or against this application. No? Ok, any

other questions or comments from the board.

Iam going to agree with Mr. Hauza, I would like to see what that long term plan is as to where

the house is going to be and the dimensions and then where the property line is anticipated for

when lot 2 is subdivided into a 3™ lot. Just because | want to anticipate...

problem with that, but my property is sold, and I need it surveyed to seil the property and

INAUDIBLE and got it ready and did all the work that’s why I don’t have the plan.

EVERYONE SPEAKING AT ONCE

asking permission......

we will rely on your expertise expert advice but subdividing and making that structure do we

need him to put that hammerhead in for a fire exit for this now?

structure on lot

2. Chris Centola: | know but ever since the garage will be fully in lot

2. Donald Hauza: You cannot have an accessory structure sitting by itself.

and the gentleman INAUDIBLE.

sure that he is aware of afl the conditions that are going to apply and since it is an accessory

structure INAUDIBLE home including that T turn around so INAUDIBLE as an accessory

structure and | don’t know if that would be required or not. Do you understand what lam saying.

additional home, and I don’t want to have another variance for the accessory structure on a

vacant lot INAUDIBLE not permitted. A month, forget about it but if it is going to be a year, that

iS an issue.

Pe. Il January 16, 2024 Zoning Meeting

if | have a house down a long private drive, | don’t think a turnaround for the fire truck is

required down at the end of my long private drive. There are extra houses here and I don’t know

if that...

by the town.

going on then we have been provided and to be able to make any type of a good, educated

determination. My opinion, we table this and look at this and we get the additional information;

we gel the new layout of the new plan or the new house. Me personally, | would love to see

what that subdivision of two ends up looking like to be able to make that full determination. I

don’t know what the rest of the board thinks to tabling this until February to be able to get the

additional information.

change much because we are attempting to comply with the R-2 zoning for the garage so even

with future plans, we can do that with he Planning Board function and we will stipulate today

that we are not looking for any more variances that the property line is in the best place to lot |

INAUDIBLE parcel and that anything that happens outside of that in tot 2 really wont affect that

property line because we didn’t want to ask for a variance from lot 2 also. There is balance

between the two structures right now, so the property line is a really good location in our

opinion.

information to make the determination. | see that it is being removed but I don’t know where the

new one ts going, and I hear what you are saying. | know that you are trying to get this moving

and that you have an offer on the table to close on this house but at the end of the day, we are not

the ones that put you into this situation.

looking at any variances at all or anything else on this property.

Pg, 12 January 16, 2024 Zoning Meeting

to see the layout of the house first.

February when we get the additional information. | will leave it up to you.

additional information is to see the house and lot 2?

of the plans that were drawn INAUDIBLE on lot 2, if lam not mistaken.

the lot 2 and show everything that...with the hammerhead driveway, the whole nine yards if that

is what you want. | thought we just had a simple deal with just a survey on the fot that we are

talking about. You are already into the subdivision, and I didn’t even finish the first part. That is

why | wanted to talk to Josh. He wanted me to demo the building and get rid of the concrete out,

get the asphalt out and put the fence back in but INAUDIBLE topsoil and now the grass and |

did all that and guess what, we are right back where we started from so all that work is not even

being looked at, you know what | mean.

line. The Jot line by itself is not a concern, at least from my point of view. [can’t speak for the

rest of the board. An accessory structure is only an accessory structure if there is a main

structure already on the property and right now, there would only be an accessory structure and

we don’t have the detail as to what is going to be there tn addition so we can’t......the code

doesn’t allow the accessory structure to exist on a separate Jot because i has to be an accessory

to something.

lot line but since itis there, it is an accessory structure, the minute that you add that house

INAUDIBLE now it is truly an accessory structure as part of the main house INAUDIBLE now

we know that you are going to do that but there are nothing on the plans that says that.

INAUDIBLE is a waste of time. We just need a litthe more information (o feel comfortable with

saying yes this looks great INAUDIBLE.

nine yards.

RESOLUTION 24-005 Corrine Volo made a motion to TABLED APPLICATION TO

February 13, 2024 which was seconded by: Chris Centola.

Pg. 13 January 16, 2024 Zoning Mecting

VOTE:

Mr. Hauza AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Lagonor AYE

Mr. Short AYE

ADMINISTRATIVE ITEM:

e Approved minutes for September 12, 2023; November 14, 2023; and December

12, 2023.

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

al 7:46 p.m.

Cnr ELS

Corrine Volo, Secretary APR i Wed aw ih: 5

Katherine Kolich, Recording Secretary FILED SEBSTER 1 Tas OLA

Bs

Dray, UW. Magu

Pg. 14 January 16, 2024 Zoning Meeting