Zoning Board Meeting
Zoning Minutes 2023.08.08

Minutes

August 8, 2023 · 23 min read · extracted text · View original

WEBSTER ZONING BOARD OF APPEALS MINUTES

PLACE

Webster Town Board Meeting Building 1002 Ridge Road

DATE

8 August 2023

TIME

7:00pm

PRESENT

ABSENT:

Barry Barone, Vice Chairman Jamie Newtown, Chairman

Corrine Volo, Secretary Michael Short

Donald Hauza

Chris Centola

John DeMarco, Attorney

Josh Artuso, Director of Community Development

Katherine Kolich, Recording Secretary

Barry Barone

Good evening. Welcome to the Zoning Board Appeals meeting for August 8,

2023. We have one tabled matter and two schedule matters and then some administrative

matters. We are one board member short tonight. You all that the right to be heard by a full

board so if anyone wants to post pone or table until next meeting, will consider that. Does

everyone want to move forward? Would everyone join me in the Pledge of Allegiance.

Call Roll

We do have proof of public notification for this evenings matters from the Webster Herald.

Summary of Application Outcomes

TABLED MATTERS

:

784 RIDG ROAD-MEYERS RV FLAGPOLE

Applicant

Dylan Miller

Status

APPLICANT REQUESTED TO TABLE APPLICATION TO 8.29.23 MEETING

IN ORDER TO SUBMIT NEW PLANS WITH THE ROAD SHOWING AND FALL

RADIUS

SCHEDULED MATTERS

:

1013 RIDGE ROAD-SPLASH CAR WASH EXTENTION OF USE VARIANCE

Applicant

Fox Five, LLC

Status

APPROVED EXTENTION OF VARIANCE. ALL TO COMPLY WITH WHAT

WAS ORIGINALLY APPROVED.

241 ROYAL PARKWAY GARAGE ADDITION

Applicant

Donald Barr

Status

APPROVED AS PRESENTED

Pg. 223 August 8, 2023 Zoning Meeting

ADMINISTRATIVE MATTERS:

CHARLES SEXTON PARK HOTDOG CART

Applicant

Tom Welsher

Status

APPROVED WITH CONDITIONS: ONLY ON SATURDAYS; APPLICANT MAY

WORK WHEN THERE ARE EVENTS BUT ONLY AT THE REQUEST OF PARKS &

REC.

(Corrine Volo read the first application)

MEYERS RV FLAGPOLE

Located at 784 Ridge Road. Applicant Dylan Miller is requesting

an AREA VARIANCE to allow a 100° tall flagpole, where a maximum height of 35’ is

permitted associated with installation of a 100° tall flagpole on a 5.87-acre parcel having SBL#

079.17-1.14.1 located in an CO Commercial Outdoor Storage District under Sections 130-14

A(3) and 350-20 of the Code of the Town of Webster. (APPLICANT REQUESTED TO

TABLE APPLICATION)

Appearing before the board was Michael Garren and ] work at Meyers RV (DID NOT SIGN IN)

Armidale Fonzo (DID NOT SIGN IN) Attorney for Meyers RV.

Barry Barone

So, we tabled the meeting because we didn’t have any....there is no permit for the

project; we did have an INAUDIBLE; we didn’t have a survey map and so on. So, why don’t

you tell us what new information you have.

Michael Garren

So, the survey map was presented apparently within the past week, an updated

survey map that is dated 7.27.23. Also, I believe that the plans for the flagpole were presented

and there is the details on the flagpole.

Barry Barone

Ok, so last meeting, we read one letter into he record from a resident that lived

about 700-800 feet behind the location in a residential neighborhood. They were opposed to it

because of light, noise, visual impact and so on. We had two people come up and speak that

were in favor of the flagpole. One was a Marine veteran, and another woman came up and spoke

in favor of it. I did a little bit of research myself because this isn’t something that I have seen

before this board, flagpole height. So, obviously I don’t think I am the smartest guy around but

what I did is I called towns around us. I called Town of Penfield, Ontario, Victor, Town of

Perinton to see what their policies were so we can kind of get an idea of what other towns are

doing. The Town of Ontario looks at the fall radius of the pole to determine if it is appropriate.

Town of Penfield, flagpoles are exempted from their height restriction. They leave it up to the

Planning Board. The Town of Victor is 50 feet and Perinton, no regulation for flagpole height it

is usually reviewed as part of site plan approval by the Planning Board. The Town of

Irondequoit, 40 feet so it kind of gives us perspective of what’s going on because I don’t think

any of us dealt with this particular type of variance before . So, Don have you thought about this

anymore? Corrine? The way the map is drawn, it looks like the pole is about 83 feet off the road,

is it off the right of way?

Pg. 224 August 8, 2023 Zoning Meeting

Michael Garren

From my understanding, it’s 100 feet to the road and then 105 feet to the white

line on the right-hand side of the road.

Barry Barone

I, frankly, think the flag is beautiful but we have to consider safety and the

comments from residents and so on and so forth. Chris, you INAUDIBLE?

Chris Centola

No, not from me but from the Zoning Board perspective, | am not knowledgeable

enough just by looking at the detail of the, both the cross sector or the profile of it and the footer

detail, 11 X 4 foot. That is a huge footer and I have no idea as far as the INAUIBLE or the stress

of that flagpole with a 20 x 40 foot flag on it and flapping in the winds at 50 mph whether or not

that footer is enough to withstand that and there is no information that says that and if there was,

I am not at a point where I could say oh yeah, INAUDIBLE someone that can look at that make

an intelligent decision of whether or not that meets any/all requirements as a structure not as a

flagpole but as a structure.

Barry Barone

Now, you folks have an engineer’s stamp on the structure itself? Do you have a

licensed engineer stamp?

Michael Garren

I believe so.

Chris Centola

INAUDIBLE drawings submitted

Barry Barone

Is that the map or

Corrine Volo

Well, we have a survey map that stamped but I don’t have engineer drawings that

are stamped.

Barry Barone

I would like to see a civil engineers stamp on the structure of the flagpole and

foundation. I'll tell you what, while you are looking for that. Anyone in the audience have

anything to say for or against this project?

Steve Dukatz at 805 Francesca Way: I am the closest neighbor in the back of where the flagpole

is located, | am most concerned about not just the flag waving in my back yard which is clearly

and obvious to ine all the time, it’s windy but also setting precedence for other companies, other

businesses, other individuals, that will take advantage of the exception to the ordinance if it does

go through. I know of at least one person that is already looking forward to this of being

approved so that he can take advantage as a precedence to allow for a building to be

constructed that exceeds the 35-foot limit. I don’t want to see that happening in Webster and

never mind in my back yard but in Webster as a whole and I am absolutely assured that this will

be used for that purpose.

Barry Barone

There are some towns that have no height restrictions (APPLICANT

APPROACHED THE BENCH BECAUSE HE CAN NOT HEAR.) on flag poles and I don’t

Pg. 225 August 8, 2023 Zoning Meeting

100-foot flagpoles all over. Your point is that everyone on Ridge Roads is going to put up a 100

flagpole up and down Ridge Road.

Steve Dukatz at 805 Francesca Way. They will use it to allow them to put up structures that

INAUIDBLE 35 feet.

Barry Barone

No, no, that is not going to happen. There are fire codes and everything else

involved with that. Thank you though.

Michael Garren

So, yesterday there was a storm in the Rochester area, and we took the flag

down because it is something we do whenever the winds get to a certain level, we always take

the flags down so. We have them in all of our stores, and we have 13 locations around in 5

states plus two Marine stores and we just put one up in Canandaigua and we just put up a flag in

Farmington, both with 100-foot poles. So, whenever it is super windy, we take the flags down.

If anyone drove by there tonight, the flag did not go back up.

Corrine Volo

Now, do you take the flag down every evening when you close for business?

Michael Garren

No, we do not.

Corrine Volo

So, if we were to get a storm overnight, would you come in and take the flag

down?

Michael Garren

So, we would obviously check the weather and know what’s going on if there is

going to be high winds.

Barry Barone

What do you think Don?

Donald Hauza

|] would like to get a PE stamp on the structures. The structural drawings do not

have that on there. I would like to have some sort of certification for that. I personally like the

flag.

Barry Barone

I don’t know if you folks remember but Perkins restaurant use to have them at all

the restaurants but INAUDIBLE, but they are expensive flag poles. Small business don’t put

those up. So, I don’t see that as a proliferation of numerous flagpoles all over the town. I don’t

see that as reality because it didn’t happen already.

Donald Hauza

I agree with you. Yes, it’s a structure but the gentleman is concerned about other

structures and buildings, each one stands on their own merit.

Barry Barone

That is totally different.

Michael Garren

So, we would be happy to provide a stamped engineered drawing if that is what

you are looking for. Also, we would be happy to do an annual engineering survey to provide to

Pg. 226 August 8, 2023 Zoning Meeting

the town if that was something you would be comfortable with. We have had the same

individual. He has put in all of our flag poles at all of our locations.

Barry Barone

No, I am not saying it’s not done properly, but we need to be sure and the

engineers....and that takes the liability off the town if there is an issue. Let me ask the board, do

you think we should, and I hate to continue to table things, but do you think we should do it until

we see that engineers seal on the plans?

Corrine Volo

I kind of expected that the drawings that we were going to get would have been

signed and sealed engineers drawings. I mean, this gives me the installation information but that

is not my specialty in engineering to know if that is correct or not.

Barry Barone

That being said, if you get the variance for the flagpole you are going to need to

get a permit for it. A permit is going lo require that stamp on the drawing. An engineers stamp so

itis something you need to do anyway.

Corrine Volo

J am still just concerned, the flag is beautiful but when J am driving down Ridge

Road, I am either looking at the road or looking up, I would prefer look at the road but looking at

it from the safety perspective, granted if it is a 100 feet from the roads edge, the pole itself, if

there is an event and the flag is left up for whatever reason and it does blow down, I know have

60 feet of flag in addition to a 100 feet of pole. It is certainly not far enough away from any

structure to alleviate that concern.

Michael Garren

All that I can say is thal we have never had an issue with that before.

Corrine Volo

And we don’t usually get tornados either, but it could happen anyway

Barry Barone

Actually, | did call the town of Farmington to because there is one in Farmington,

right off the edge of Rt 96, but they didn’t get back to me so. I wanted to pick their

brain... BOTH PARTIES SPEAKING AT THE SAME TIME.

Michael Garren

INAUDIBLE

Barry Barone

So, I am not missing any details.

Michael Garren

Right on 520 and Canandaigua is our other location.

Barry Barone

Honestly, I hate to do this to you again, but I am sensing that this board is not

ready to act on this. I am not feeling a strong opinion one way or another and | think....why

don’t you....we don’t show the fall radius on the drawing or survey; we don’t have the engineer

drawings, engineers seal so a few more weeks isn’t really going to matter one way or the other so

why don’t you provide us with that.

Michael Garren

Ok.

Pg. 227 August 8, 2023 Zoning Meeting

Barry Barone

Because I am not sensing a lot of posilive or negative opinion. We are kind of on

the fence right now. So, all the details help.

Michael Garren

Understood.

Barry Barone

So, would you like to table until the next meeting?

Michael Garren

Yes

Discussion amongst the board to determine which meeting, August 29" or September

12. Questioning if the August 29 meeting is strictly for Fairlife or all applicants.

Josh Artuso

I don’t see why we wouldn’t be able to add another item as long as they feel they

could turnaround the information in that amount of time.

Barry Barone

So, it is just a few weeks away.

Michael Garren

Ok.

Person out in audience

Are all the flags at each location 100 feet?

Michael Garren

No sir, we have 150-foot flag that we just pul up in the State of Pennsylvania

and our location in Ohio is also going to be putting up a 150-foot flagpole so.

Audience member

Does it have to be 100 feet for here?

Michael Garren

100 feet is what we usually put up.

Barry Barone

Ok, so the applicant has decided to table.

RESOLUTION 23-063 Barry Barone made a motion to TABLED

APPLICATION TO AUGUST 29, 2023 which was

seconded by: Donald Hauza

VOTE:

Mr. Newtown ABSENT

Mr. Hauza AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Short ABSENT

Pg. 228 August 8, 2023 Zoning Meeting

Chris Centola

As long as you are going back to your engineer, if you could have you surveyor

put the road on the survey as well, edge of pavement and the fall radius, !00-foot fall radius for

that. That wouid help.

Michael Garren

Ok, thank you for your time,

(Corrine Volo read the first application)

SPLASH CAR WASH EXTENTION OF USE VARIANCE APPROVAL: Located at 1013

Ridge Road. Applicant Fox Five LLC is requesting a 1-year extension of a Use Variance

associated with the construction of a 7,000 SF car wash on a 2.16-acre parcel having SBL#

079.15-1-16.003 located in an MC Medium Intensity Commercial District under Section 350-

101E(3) of the Code of the Town of Webster.

Appearing before the board was Anne Riley and | am the attorney for the applicant. We were here

last year for this application. We got the variance approved and went to closing in December and

now we are in litigation because they failed to show up. So, we think they might end up having to

show up because the court might order that. If they do, we don’t want to lose this use variance

obviously, so we are asking for a one-year extension.

Barry Barone

Has anything changed whatsoever?

Anne Riley

No, nothing has changed.

Barry Barone

If 1 remember correctly, the neighbor to the east, the ice cream...is that it, am |

thinking about the right one?

Anne Riley

] don’t know, Don Young was here last year for the extension.

Josh Artuso

This is the property next to Wendy’s across from town hall.

Barry Barone

Ok, I know which one it is now. Well, to me it’s a no brainer. We did have one

letter of objection. Do you have a copy of that, do you want to read it Josh?

Josh Artuso

Sure. (READ LETTER-SEE ATTACHED)

Barry Barone

{s there anyone is the audience who would like to speak for or against this

application? In that case, we will return it to the board. To me it’s pretty straight forward. This

board does not decide which business are viable or not viable. We went through some extensive

research in granting this use variance and it was pretty long meetings and they provided all the

necessary documentation that we required so being that there are no changes, I would be inclined

to extend.

Donald Hauza

I mean, there has been no changes to the character of the neighborhood either.

Pg. 229 August 8, 2023 Zoning Meeting

Barry Barone

No changes to the code, no changes to Ridge Road and it hasn’t changed

significantly.

Donald Hauza

I have no problem with that.

RESOLUTION 23-064 Donald Hauza made a motion to GRANT EXTENTION

OF VARIANCE TO COMPLY WITH ORIGNAL

APPROVAL which was seconded by:

VOTE:

Mr. Newtown ABSENT

Mr. Hauza AYE

Mr, Barone AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Short ABSENT

(Corrine Volo read the second application)

241 ROYAL PARKWAY GARAGE ADDITION: Located at 241 Royal Parkway. Applicant

Donald Barr 1s requesting an area variance to allow a 15’ rear setback where 50” is required

associated with the construction of a 337.5 SF garage addition on a 0.33-acre parcel having

SBL# 063. 18-4-10 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 Donald Barr at 241 Royal Parkway. Well, the houses and the

garages are small in the area as you know. I keep my cars in the garage, well, I keep two in the

garage, and I have stuff along the walls to get it out of the way but anytime I need something

falls on the car or I have to pull the car out of the garage. I don’t have the room. ] would rather

be neat than a slob. Right now, I’m a slob and I am embarrassed of my garage.

Barry Barone

| am just curious because I was there today and looked at the project, did you

consider making the garage wider instead of deeper?

Donald Barr

Well, I talked to the contractor and said I was better off going deeper than wider.

My fuck I would go wider and get INAUDIBLE so | would rather no do that.

Barry Barone

Yes, because | think....well, you need a variance there anyways. 19.2 feet to the

sideline so you need a variance there as well. What about coming forward with that? Is that an

option?

Donald Barr

] can not do it. There is a kitchen window right there. I wish I could.

Pg. 230 August 8, 2023 Zoning Meeting

Barry Barone

You would lose driveway as well. The lot is fenced with a 6-foot stockade fence

so there really isn’t a lot of visibility from the rear of the side. Your yard is very private. I don’t

think we have gotten anything...

Donald Barr

I talked to all my neighbors, and it is pretty private. They are all good people.

Barry Barone

Josh, I don’t think we have gotten comments from neighbors or anything.

Josh Artuso

No, we have not received any comments.

Donald Hauza

Visiting the site, its an odd shape lot, it’s a pie shaped lot, on a cul de sac.

Barry Barone

The lot is actually only 128 feet deep on that side. That is very shallow and it’s

on a cul de sac, like you said, it’s pie shaped. Do you have any thoughts, Chris?

Chris Centola

No when I looked at it the drawing states that it is less than 28 feet to the rear lot

line anyhow, so I think he was already pushing that 50 foot anyhow, so this is minimum if that is

what he needs. I am ok with it. He really doesn’t have any other place to expand. I am assuming

it is Just going to be one story.

Donald Barr

Yes, just he garage.

Corrine Volo

There is no location on the garage side of the house to put an addition that won’t

require a variance. Even brining it forward you would still need it for the side. 1f you went off

to the side of the garage you would need a side setback variance. It’s a very odd, shaped lot and

it’s not event he traditional pie that you get in a cul de sac so given that the entire thing is...the

entire back yard is fenced in, I don’t think the neighbor to the rear would be the only one to see it

wil] see it anymore than the garage is there now,

Barry Barone

This meeting is open to the public. Is there anyone wishing to speak for or against

the project? Seeing there are none, we ill bring it back to the board .

RESOLUTION 23-065 Barry Barone made a motion for TYPE II SEQR which

was seconded by: Corrine Volo.

VOTE:

Mr. Newtown ABSENT

Mr. Hauza AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Short ABSENT

Pg. 231 August 8, 2023 Zoning Meeting

Barry Barone

So, what I am hearing is...from the board and I concur. There really is no place

else on the lot to put that garage no matter where you put it you need a variance. There is no

impact on the neighbors because of that stockade fence. We have not heard any negatives from

anyone via the website or in the audience . There is no environmental impact and it’ really the

only location and the addition is only 15 feet deep. Not an undesirable change and the request is

really not significant. As Mr. Centola pointed out, the garage is already too close to the rear line

before this variance so would somebody like to make a motion.

RESOLUTION 23-066 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at 241 Royal Parkway. Applicant

Donald Barr is requesting an area variance to allow a 15’

rear setback where 50” is required associated with the

construction of a 337.5 SF garage addition on a 0.33-acre

parcel having SBL# 063.18-4-10 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:

Barry Barone.

VOTE:

Mr. Newtown ABSENT

Mr. Hauza AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Short ABSENT

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire August 8, 2024.

Barry Barone

So that concludes all the scheduled matters. There is going to be a special

meeting on August 29" , is that correct?

Corrine Volo

We have one administrative matter

Barry Barone

Yes, but we are going to close the public portion to go to the administrative.

Thanks for watching and see you next meeting.

(CAMERAS SHUT DOWN AT THIS POINT AND THE ADMINISTRATIVE MATTERS

WERE NOT CAPTURED/ RECORDED)

Pg. 232 August 8, 2023 Zoning Meeting

ADMINISTRATIVE ITEM:

The board discussed and approved a meeting to hold an extra meeting in August.

RESOLUTION 23-069

VOTE:

Barry Barone made a motion to APPROVE MEETING

TO BE HELD ON AUGUST 239, 2023

which was seconded by: Corrine Volo

Mr. Newtown

Mr. Hauza

Mr. Barone

Mrs. Volo

Mr. Centola

Mr. Short

(Corrine Volo read the third application)

CHARLES SEXTON PARK HOTDOG CART

Located at Charles E. Sexton Park. Applicant

Tom Welsher is requesting a letter of recommendation from the Zoning Board of Appeals

supporting the approval of the itinerant vendor’s license to allow the operation of a food cart at

Charles Sexton Park, a 48-acre parcel having SBL# 079,08.1-15 located in an OP Office Park

under Section 234-5D(1)(b) of the Code of the Town of Webster.

ABSENT

AYE

AYE

AYE

AYE

ABSENT

Appearing before the board was Tom Welsher. He explained he didn’t want to work all

weekend, only on Saturdays. Tom said he spoke with the other vendor at the park who works all

week there and they both were in agreement with what each other’s schedule was there were no

conflicts. A conversation was had about when Parks & Rec have functions that the vendor was

not to be working that day UNLESS Parks & Rec request that they be there. Applicant was fine

with this.

RESOLUTION 23-067

VOTE:

Barry Barone made a motion for UNLISTED

ACTION which was seconded by

Donald Hauza.

Mr. Newtown

Mr. Hauza

Mr. Barone

Mrs. Volo

Mr. Centola

Mr. Short

ABSENT

AYE

AYE

AYE

AYE

ABSENT

Pg. 233 August 8, 2023 Zoning Meeting

f

RESOLUTION 23-068 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at Charles E. Sexton Park. Applicant

Tom Welsher is requesting a letter of recommendation

from the Zoning Board of Appeals supporting the approval

of the itinerant vendor’s license to allow the operation of a

food cart at Charles Sexton Park, a 48-acre parcel having

SBL# 079.08.1-15 located in an OP Office Park under

Section 234-5D(1}(b) of the Code of the Town of Webster.

which was seconded by: Donald Hauza.

VOTE:

Mr. Newtown ABSENT

Mr. Hauza AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Centola AYE

Mr. Short ABSENT

CONDITIONS:

APPROVED WITH CONDITIONS

ONLY ON SATURDAYS; APPLICANT MAY

WORK WHEN THERE ARE EVENTS BUT ONLY AT THE REQUEST OF PARKS &

REC

® Minutes were approved for June 13, 2023 and July 18, 2023.

Since there is no further application before the Board Barry Barone adjourned tonight’s meeting

al 7:45 p.m.

SEP 15°23 an9:45

Cornet OARS FILED WEBSTER TWN CLK

Corrine Volo, Secretary ei MA, Mey ;

Katherine Kolich, Recording Secretary aes 3 5 ta

Pg. 234 August 8, 2023 Zoning Meeting

End of document