WEBSTER ZONING BOARD OF APPEALS MINUTES
Webster Town Board Meeting Building 1002 Ridge Road
18 July 2023
7:00 pm
ABSENT:
Barry Barone, Vice Chairman Jamie Newtown, Chairman
Corrine Volo, Secretary
Donald Hauza
Michael Short
Chris Centola
John DeMarco, Attorney
Josh Artuso, Director of Community Development
Katherine Kolich, Recording Secretary
Good evening. Welcome to the Zoning Board Appeals meeting for July 18, 2023.
We have one tabled matter and nine matters on the agenda tonight. 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
:
665 FOREST LAWN DRIVE-FRONT PORCH ADDITION
Mark McElroy
APPROVED AS PRESENTED
SCHEDULED MATTERS
:
1231 STAFFORD CRED-FENCE
Applicant; Jonathan Semmler
APPROVED PER DRAWING 22158 BY LANTECH
243 PEBBLE BEACH TRAIL-ACCESSORY STRUCTURE
Ted Hosmer
Status; APPROVED AS PRESENTED
1136 STONEGATE DRIVE-FENCE AND SHED
Applicant; Eric and Sarah Davis
APPROVED AS PRESENTED
Pg. 180 July 18, 2023 Zoning Meeting
1293 LAKE ROAD-FENCE AND SHED
Mark McElroy
APPROVED AS PRESENTED
1275 CREEKBEND LANE-ADDITION
Gary and Robin Partridge
APPROVED AS PRESENTED
936 JOYLENE DRIVE-FRONT PORCH
Sean C. Riga
APPROVED WITH CONDITIONS: APPLICANT NEEDS TO SUBMIT A SUVEY
BEFORE RECEIVING A BUILDING PERMIT; NO CLOSER THAN 30 FT
784 RIDGE ROAD-FLAG
Sean C. Riga
TABLED UNTIL AUGUST 8, 2023 APPLICANT NEEDS A SURVEY MAP FOR
LOCATION OF FLAGPOLE; NEEDS ENGINNER DETAILS FOR POLE.
1432 SCHLEGEL ROAD-POLE BARN
Sue Trottier
APPROVED AS PRESENTED
1175 RIDGE ROAD-LIMELIGHT AUTOMOTIVE
Steven Smith
APPLICANT WITHDREW APPLICATION. APPLICANT NEEDS TO FIX
ISSUES AND RE-APPLY; NEEDS TO ADHERE WITH ORIGINAL VARIANCES; ANY
OTHER CHANGES MADE WILL NEED TO GO BACK IN FRONT OF THE
BOARD.
(Corrine Volo read the first application)
665 FOREST LAWN DRIVE FRONT PORCH ADDITION: Located at 665 Forest Lawn
Drive. Applicant Mark McElroy ts requesting an AREA VARIANCE to allow for the alteration
of a pre-existing nonconforming building (7° side setbacks where 20’ is required / 42’ front
setback where 75° is required) associated with the construction of a 360 SF covered front porch
on a 0.25-acre parcel having SBL# 048.19-1-58 located in an R-1 Single Family Residential
District under Sections 350-10 & 350-94 of the Code of the Town of Webster.
Appearing before the board was Mark McElroy.
Now, you were tabled because of an advertising issue last mecting is that correct?
That’s correct.
Pg. 181 July 18, 2023 Zoning Meeting
So, we have a couple new members on the board last week and IJ had to abstain
from the last meeting so, if you could start right from the beginning, please.
Sure. What we are looking for is a variance on the side setback and front
setback because we are creating a new look to out house. It is a 30-foot-wide porch by 12 feet in
depth with a shed style roof. We are located in an old subdivision in Webster called Forest
Lawn and actually right behind the desk there (picture on the wall) we are about 75 yards from
the picture and a very historic neighborhood. It is a reverted cottage neighborhood, so the houses
are very close together. The neighbors on the east and west side are 7 feet and 7 feet and 7
inches. The house at the end of our driveway is approximately 42 feet, ] think that is where the
INAUDIBLE was last time. It was advertised incorrectly.
So, we are looking for the variance and I do have approvals by all three neighbors. The
Kircher’s on the west side, John Davidson on the east. OH, excuse me John Davidson on the
west side; Rob and Barb Kircher on the east side and Carol Adams north at the end of our
driveway. That is pretty much it. If anyone has any questions or concerns, feel free to ask me. |
know we have some new members here, but I do have a PowerPoint that was printed out by Josh,
and it should be in front of you with pictures.
We are moving the entrance of the house from the side to the front where the front porch will be
located. The front entrance will be in place of one of the windows and we are just looking to
make the house a lot better because right now it is just functional. It’s not very pretty from the
outside so the neighbors are all for this because it will increase the value. Unfortunately, on the
other side, it will probably increase are taxes but that’s the way if goes,
That particular neighborhood, we have looked at several variance applications and
i?s almost like you can’t build anything in that neighborhood without a variance because all the
lot sizes are substandard; the setbacks have been changed since those homes were built so every
lime someone wants to do something to their house there is a variance required, Now, we did get
2 or 3 fetlers.
Barry, you should have 3 letters.
Josh, do you have those? Well, | have them right in front of me, John just handed
them to me. I wil] read them and then should be part of the record. (PLEASE SEE ATTACHED
LETTERS) It is a pretty straightforward addition, and I don’t sce any negatives to anybody.
This mecting is open to the public. Anyone wishing to speak for or against this project, please
step up to the mic. Ok, seeing no one is interested in speaking | will close the public portion and
return it back to the board. As I] have said, we have seen probably a dozen variance requests for
Forest Lawn Dr. Everyone is trying to enhance their property and frankly, it is a beautiful tittle
community. | think that the proposed edition to Mr. Mc Elroy’s house is going to enhance the
curb appeal; the functionality of the house; you are going to put a porch on so when you walk in
the front door you have a roof over your head and so on and so forth. I don’t see any negatives
Pg. 182 July 18, 2023 Zoning Meeting
Hi GHBOR AGHEEM Al
€
teviewed the Instrument Survey presented by Mark Mcflroy af the prapased NEM Prot +
Mark & his wife, Patly Mct toy is intending to have constructed in the front porlon of the
Farest Lawa Drive, Webster, Hew York as indicated Farther, bdo not oppose tls pease
Herre property
| Rob Kircher io hereby certify that | live at 667 Forest Lawn Drive, Webster, N¥ 14580
Thave no objections and agree to then plans
Rob Kircher
NEIGHBOR AGREEMENT
i Carole Adams do hereby certify thal | live at 664 Forest Lawn Drive, Webster, NY 14580, anc that il
have reviewed the Instrument Survey presented by Patty Mctlroy of the proposed NEW Front Poret
that Patty & her husband, Mark McElroy is intending to have constructed in the front portion of th
at 665 | crest Lawn Drive, Webster, New York as indicated. Further, | do not oppose this renovation ts
enhance ther property.
[have no objections and agree to their plans.
Wan Os, b=. .. Date é Ze
| aaa
Ob ees
—
John Davidson «
Mat pee tat tt
ThE NSA A Ms yy
abS Forest lawe a
ebay an See aay
Pave Mo abypteray
Jot Davidson
a Pee eed ee ee
Soreby corty beat Lye at 661 Forest Lawn Drive, Webster, NY 14538
Instrument Survey prosentod ty Wark Mo fray ab tee prone be
fo Darty Aled trays ntending te have constructed es the frortocet
Ke Webster, Mow YouR asundialed further Edo not oppose Us sted
ents
Jar apese ta their plans
Date
whatsoever. There is no detriment to nearby properties, and I don’t sce any drainage or sile
issues; no detriment to the environment. Does anybody have anything else to add to that?
I do have another positive that ts going to help the privacy of Kircher’s because
the current entrance to our house ts on the side and when you are walking down, you can actually
look right through their window. So, we are moving the entrance to our steps further off to the
strect side of the property so it will give them even more privacy. That is the only negative that |
can see that turned into a positive.
RESOLUTION 23-046 Barry Barone made a motion for TYPE IE SEQR which
was seconded by: Donald Hauza
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
RESOLUTION 23.047 Barry Barone made a motion to APPROVE THE USE
VARIANCE Located at 665 Forest Lawn Drive. Applicant
Mark McElroy is requesting an AREA VARIANCE to
allow for the alteration of a pre-existing nonconforming
building (7° side setbacks where 20° is required / 42’ front
setback where 75’ is required) associated with the
construction of a 360 SF covered front porch on a 0.25-acre
parcel having SBL# 048.19. 1-58 located in an R-1 Single
Family Residential District under Sections 350-10 & 350-
94 of the Code of the Town of Webster which was
seconded by: Corrine Volo.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
« The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024.
(Corrine Volo read the first application)
1231 STAFFORD CRES FENCE: Located at 1231 Stafford Crescent. Applicant Jonathan
Semmiler is requesting an AREA VARIANCE to allow a 6’ tall privacy fence in the front
setback of a corner lot, which is not permitted, associated with the installation of approximately
Pg. 183 July 18, 2023 Zoning Meeting
125 linear feet of 6’ tall wooden privacy fence on a 0.48-acre parcel having SBL# 065.13-3-77
located in an R-3 Single Family Residential District under Section 350-79 of the Code of the
Town of Webster.
Appearing before the board was Jonathan Semmiler and [ am the homeowner and property of 1231
Stafford Crescent along with my wife Courtney. The project is pretty simple. We are looking to
replace an existing fence around the backyard of the property. The one change that we are looking
to make is on the Klem Roadside which is considered the front because we are on a corner lot,
front facing side or a front facing side we would like to replace with what is currently a 4-foot
chain link fence with a six-foot privacy fence. The main purpose being. ...currently there 1s a lot of
privacy from vegetation from in between Klem Road and our fence during these months but in the
winter, there is little to no privacy and Klem is also a little bit of a noisy road and on top of that, we
are typically allowing our dogs out early in the morning around 5 am. And a lot of joggers;
walkers; bikes on Klem Road and the dogs will tend to bark early in the morning, so we are
looking to limit that as much as possible. So, we would just like to add in that extra layer of
privacy during the winter months and maybe abate some of the noise from Klem Road . The fence
itself sits back about 20 feet I] would say from Klem Road and really it would only be visible
during the winter months.
So, the fence is going to take the place of the chain link in the same location as the
chain link.
Correct.
| have been by your property countless times, and I have never even noticed fence.
You really wouldn’t sec it.
It is interesting because there is a lite bit of a berm off on Klem and then it is
wooded so it’s really not something that is noticeable. It’s a corner Jot as everyone can see and
corner lots have two front yards which is a privacy issue, so I understand. We have seen other, and
I know we have to view each application under its own merit, but we have seen other corner lots
with privacy issues looking for the same type of variance. So, any thoughts?
We have scen applications like this in the past and similarly I drive past this section
everyday at least once. | did not know there was a fence there until I visited the property and based
on, you have the little bit of the drainage swell and berm and you are stil far enough far off the
road that even if the tree line weren't there, | dow t think the fence would be noticeable but with the
existing tree line you will never see it and it will not block any view of traffic at all and Kiem ts
getling busier and busier and I completely understand.
Actually, you said il is a wood fence, frankly the wood fence will blend in the with
character of that wooded lot so it will even be less visible than a chain link fence.
Pg. 184 July 18, 2023 Zoning Mecting
Agree. I think it will look nicer and if its of consequence and I don’t know if it
is in front of you, but I do have a signed statement from a neighbor whose lot is directly adjacent to
where the fence would line up Tony Manicone. It was sent separately from the application to the
town, so I am not sure if its’ with the packet that you have.
This meeting is open to the public and anyone wishing to speak for or against this
application . Ok, seeing there is no one we will close the public portion and bring it back to the
board. I have one letter of support here that ] would like to read into the record. (SEE
ATTACHED LETTER)
RESOLUTION 23-048 Barry Barone made a motion for TYPE IT SEQR which
was seconded by: Chris Centola
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
(Corrine Volo)
1. This request is not out of character in the neighborhood: It is not and there already is a
fence there. It is just going to replace the existing fence and probably be more attractive.
2. There will not be a detriment created to nearby properties: It will not, and the only neighbor
truly impacted would be the neighbor at 1235 and we do have a letter from the neighbor
signed and that they are not in disagreement with this.
3. The benefil is not achievable by any other method: Unfortunately, the house 1s a corner lot
which gives it two front yards so you need a variance for this location if it were not a corner
lot the variance would not be required.
4. This request is not substantial:
5. There are no adverse physical or environmental impacts to the site or neighborhood: No
6. The difficulty is not self-created: No, as the properly was subdivided, and this became a
corner lol.
7. This is not an undesirable change: No, it will be an improvement.
8. This request is not significant:
RESOLUTION 23-049 Corrine Volo made a motion to APPROVE THE USE
VARIANCE Located at 1231 Stafford Cres. Applicant
Jonathan Semmler is requesting an AREA VARIANCE to
allow a G’ tall privacy fence in the front setback of a corner
lot, which is not permitted, associated with the installation
of approximately 125 linear feet of 6° tall wooden privacy
fence on a 0.48-acre parce! having SBL# 065. 13-3-77
Pg. 185 July {8, 2023 Zoning Meeting
June (1, 2023
Statement regarding support for fence project at 1231 Stafford Crescent. as proposed by Jonathan
Scmunter the homeowner of the proposed project address.
Phe stgnature(s) below indicate(s) thal the signer(s) is/are in support of the proposed project “1231
Stafford Crescent Fence Replacement Upgrade’, The project in question requiring an area variance
appheation approval trom the zoning board of appeals of the Fown of Webster, This project includes
the installation ofa 6° privacy fence along the Klem Rd. side of the project address.
J235 L7AFFORD ¢ RES ENT
\ { (, m VLlew
Signed Addvess
Signed Address
Signed Address
Signed Address
Address
Sizned
located in an R-3 Single Family Residential District under
Section 350-79 of the Code of the Town of Webster.
which was seconded by: Barry Barone.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
e The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024.
e Approved per drawing 22158 by Lantech
(Corrine Volo read the second application)
243 PEBBLE BEACH TRAIL ACCESSORY STRUCTURE: Located at 243 Pebble Beach
Trail, Applicant Ted Hosmer is requesting AREA VARIANCES to allow:
a. A second accessory structure, where only (1) is permitted;
b. Placement of accessory structure nearer to the front property line than the rear line
of the main building, which is not permitted;
c. A 7’ side setback where 15’ is required.
associated with the alteration of a pre-existing non-conforming detached accessory structure on a
j.64-acre parcel having SBL# 078.13-1-}2.11 located in an R-3 Single Family Residential
District under Sections 350-36 and 350-94 of the Code of the Town of Webster,
Appearing before the board was Ted Hosmer and I am here before you to replace my garage of
the existing garage. I lived at the property for 20 years. It’s a three-car garage right now and we
are looking alt making some modifications to it but using the same footprint.
Now, being on this board afforded me the ability to see some really unique
property and this is one of them. You have to go down that hill, down the trail, and there are two
homes on the driveway, correct?
Yes
Your and the one down below. | had my wife go with me and she thought she
was on aroller coaster. 1 went down that hill and she was hanging on for dear life. It was an
interesting location. I must state, the garage is in need of repair. I can see it. It 1s not visible
from any neighboring property. You cannot see it so those are two pluses to your benefit. The
proposed plan is a very attractive building to, Does anybody have any thoughts?
We have had a couple of, I'll call them accessory structures/detached garages in
that neighborhood with similar locations and even when it is not down the hill and off the road
Pg. 186 Juiy 18, 2023 Zoning Meeting
as this property is the houses are pushed back to the edge of the lot and the edge of the cliff. Its
not realty a cliff but the edge of the high ground so the only location you can put a garage or
accessory structure is in front of the building. This one is by far the least impactful as far as
being visible by anyone other than someone who lives there.
Yeah, the whole area is steep slopes with small level areas where you are able to
build so you don’t have a lot of latitude as far as where you can go with that structure. That 1s
the only flat spot on the lot besides where the house sits . There is no flat spot to anything.
If I understand it correctly, the existing garage being taken down and you are
putting the new structure in the exact same spot and same footprint as the old?
Yes
The big change realistically 1s you are going from a three-car garage down to a
one car and adding shop space instead and then the old garage from what I can see is about 9-10
feet tall and you are going to about 22 feet tall?
I know I have to duck to go into the garage, but J think it’s like 8 foot maybe. We
are looking for more storage because it was very cramped to begin with and looking to improve
it.
There is no intention of using it in any way for rental space or anything of the
sort than?
No
No water, no bathroom, your not having anything put in etc. Strictly a garage for
storage.
Yes, maybe for dogs, I have that hobby so maybe keep some dogs in there and
kennels and what not. As far as renting anything out, | am not interested in that.
Just to confirm and I think you already explained it but there is not going to be
commercial use in that space? It said shop but you are not going to manufacture things to sell.
Personal. Initially when I started this project about 12 years ago my parents
were... my mother was still alive, and we were looking at doing something for them and
unfortunately it didn’t work out that way, so I converted it to what you see now.
The plans don’t indicate a second floor or attic space; however, you want to call
it. What is upstairs, is it just completely open including the garage or is just above the shop?
Pg. 187 July 18, 2023 Zoning Meeting
It’s a smaller area above the shop that can be used for storage, and I apologize if
that plan was not in there. For whatever reason I didn’t get it from the engineer,
So just to understand, you have a shed on the property now clarify this for me, are
you taking down the existing garage or are you going to leave that garage and build that next to
it?
No, the garage is going exactly where the garage is now and that is what the DEC
has permitted.
Ok, So maybe | am confused. Why is there a second accessory structure?
Because of the existing shed that is staying.
Oh, you are aloud a shed and an accessory structure .
There is a boat house by the shoreline.
This meeting is open to the public. Anyone wishing to speak for or against this
application. Seeing that no one is interested in speaking I will turn it back to the board and close
the public portion. Any thoughts Don?
It’s the only logical place and it’s replacing the existing structure.
Replacing the existing structure since he has the garage and the shed, I totally
missed the boat house to be honest with you. That means, and it’s not going to make a difference
in the decision but make sure it’s legal. Is that three accessory structures or just two because he
is building the garage on the existing foundation.
The shed does not counts as an accessory structure.
Ok.
So, it’s ok the way it’s advertised with the second accessory structure?
Yes.
ok.
Pg. 188 July 18, 2023 Zoning Meeting
6. The difficulty is not self-created:
7. This is not an undesirable change:
8. This request is not significant:
RESOLUTION 23-051 Barry Barone made a motion to APPROVE THE AREA
VARIANCE Located at 243 Pebble Beach Trail. Applicant
Ted Hosmer ts requesting AREA VARIANCES to allow:
i. A second accessory structure, where only (1) is
permitted;
il. Placement of accessory structure nearer to the front
property line than the rear line of the main building,
which is not permitted;
iii. A 7” side setback where [5’ is required.
associated with the alteration of a pre-existing non-
conforming detached accessory structure on a 1.64-acre
parcel having SBL# 078.13-1-12.11 located in an R-3
Single Family Residential District under Sections 350-36
and 350-94 of the Code of the Town of Webster.
which was seconded by: Corrine Volo
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
¢ The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024.
(Corrine Volo read the third application)
1136 STONEGATE DRIVE FENCE AND SHED: Located at 1136 Stonegate Drive.
Applicants Eric and Sarah Davis are requesting AREA VARIANCES to allow a 6’ tall privacy
fence and legalize an existing utility shed in the front setback of a corner lot which is not
permitted, associated with the installation of approximately 76 linear feet of 6’ tall white vinyl
privacy fence on a 0.51-acre parcel having SBL# 095.05-2-73 located in an R-3 Single Family
Residential District under Sections 350-47 and 350-79 of the Code of the Town of Webster.
Appearing before the board was Eric and Sarah Davis. We purchased 1136 Stonegate Drive in
May, so we are new lo Webster. We have a growing family, and we are having our first child in
September, and we plan on being here for a very long time. We have a house on the corner lot at
Camden Heights and Stonegate and we are looking to build a privacy fence along the front yard
of the Camden Heights Lane side as part of our full fence project of our backyard.
Pg. 190 July 18, 2023 Zoning Meeting
The reason we would like this is for two reasons, first and foremost the safety of our future child
and additional children moving forward so that they can play in the backyard with supervision
from the inside additionally, we are looking for privacy especially during rush hour. A lot of
people try to cut through from State Road to Jackson or in the reverse so it can get somewhat
backed up and so we are looking for privacy when we are in our yard as well as the safety of our
children when they are out there. Regarding the shed, the shed was there when we purchased the
house, and it was heavily advertised, and it is well maintained, and we plan on maintaining it and
itis well off the road.
So, we have an oddly shaped lot and another corner lot and another individuat
looking for some privacy on a corner tot. Unfortunately, the shed...we see a lot of these, when
people buy a house there are violations of code that didn’t get caught otherwise the person that
sold you the house you could have motivated them to move the shed. We see that quite often
actually. What type of fence are you looking at?
We are going to do a 6-foot white vinyl privacy fence.
So, if 1 was reading the zoning correctly, zoning allows...it’s 40 feet on the front
setbacks, if I am reading correctly, at the house you are at 57 feet so at that location it is really
not an issue it is the odd shape lot that would end up pushing the fence or creating this S shape if
you will, back to try and keep in Jine with he shed itself. You kind of touched on why not a 4
foot and why not a chain link if it’s safety of kids, dogs, etc., | grew up with a 4-foot chain link
fence . That keeps other dogs out and it keeps kids in and if you have a dog or pets, it keeps
them in but to your point, I have been down in that area, and it is quite a cut through, so 1
definitely understand it. ] know you are referencing Jackson, a neighbor of 1140 Jackson Road
that has something similar and I forget how many feet you are looking for is it 70-80 feet if I
remember?
85
] believe Jackson Road their fence is about 40 feet if | remember correctly. The
one thing that I noticed when | drove through the neighborhood there is not a whole lot of fences
through there. It definitely could potentially change the aesthetics of the area, but I also
understand the need for it. I question, docs it need to be 6 foot, and does it need to be a solid
fence is what I am questioning. | don’t know the answer to that.
] can speak to that. We also have a dog, and he can get over a chain link
fence that short and also, we moved from the city after he was attacked by another dog that broke
into our yard and so we really feel that we need that fence for his safety and ours,
Would you consider running the fence parallel with the side garage wall back to
the shed instead of angling it. It is not a huge difference, but I think it might increase the setback
slightly.
Pg. 191 July 18, 2023 Zoning Meeting
J am just trying to maximize that setback. We understand the need for privacy
and so on and so forth but we just looking to maximize and get the best look from the street.
Did you also consider a 5-foot fence? Just out of curiosity, | heard you 4-foot
chain link and dog can jump it. My dog is pretty close to doing that himself.
I think he could get over a 5 foot.
This meeting is open to the public. Anyone wishing to speak for or against this
application. Seeing that no one is interested in speaking I will turn it back to the board and close
the public portion.
RESOLUTION 23-052 Barry Barone made a motion for TYPE II SEQR
which was seconded by: Michael! Short.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
| think from what I am hearing from the members of the board we are not....]
don’t hear any opposition to your proposal we are just kind of trying to tweak it or fine tune it.
| think the applicant has made an effort to rectify a violation so INAUDIBLE
what he is asking for he is not asking for his whole yard so I think, | don’t ...if we were to keep
it parafle] to the house and then when that angle hits the garage somewhere it says 36 feet, he
would angle back to that front wall of the shed, J think. From my point of view, it would be
more than enough to make it look good and not...while sull giving him the ability to have
privacy in addition to the dog and keeping them in, To make that investment and they want a 6
foot for privacy, especially on a corner lot it’s important. I think they have done a good job to try
and compromise and like I said, | would come straight off that garage line and then straight off
the shed line off of Camden Heights and then where they intersect have that angle is what |
would say.
Do you understand what he is saying.
Yes, and just to clarify, my understanding is we have to get the variance to
put the fence onto the front and get a permit to get the fence around the property, is that correct?
They said to come here first.
Everyone talking over one another.
All we are focusing on is on the side towards the road,
Pg. 193 July 18, 2023 Zoning Meeting
Perfect.
What is the shed made out of?
Enric and Sarah Davis:
From what I could tell, I didn’t go in, I drove by the property. It looks Hike it’s
vinyl and wood structure. Is there a concrete floor in there or a dirt floor?
| think it’s like particle board basically.
The other thing I noticed when | was al the property, is the impacted neighbor
with respect to the shed is the house immediately behind it with the tree line, they can’t see that
shed and traffic really does cut through there. | make the unfortunate decision to visit at rush
hour and was almost run over by a minivan.
I would kind of like to get a consensus, we are not opposed to the fence. Should
we micromanage the applicant and tell him exactly where we want that fence. I personally
would like him to stay away from the road as long as possible and then angle it over to the shed.
That’s my opinion.
| think we are all in agreement with that. It’s just a matter if it works for him to
run it to the far side of the shed and great if it doesn’t like I said, come straight off that garage
line and then straight off the shed line off of Camden Heights and then where they intersect have
that angle it somewhere % of the way.
] think Mike 1s correct in that if he went straight back run right into that doorway.
I just looked at the photos and being an architect, I can do this all night long, long
agenda so from an aesthetic standpoint from keeping it as far back from the road space as
possible, what IT would propose is that instead of being on the front face or the, what road is
that....the Camden face of the shed, we have it pushed back and I am going to call it 18 inches,
from the face so the shed still looks like a shed from Camden Heights; it runs parallel with that
wall of the shed and then i runs straight back and where ever those (wo converge is where it
ends up . It’s how it ends up playing out, is what | would recommend.
Ok, so we have to put this into words so what | would propose is that the fence
comes off the southeast of the corner of the garage, in line with that south side of the garage back
to within 20 feet of the shed and then you can bring it out to that shed at whatever angle you
want and not go get any closer to the road then the corner of the shed. You follow that. Go back
to within 20 fect of the shed. Could you somehow capture that in the minutes? We have not
heard any negatives from the neighbors; no objections and there is no environmental impacts,
and il is not going to affect sight distance; it doesn’t affect drainage so there is no negatives to
the neighbors or neighborhood, It gives you the privacy you need because you always have to
Pg. 194 July 18, 2023 Zoning Meeting
;
weigh the benefit of the applicant as opposed to the negatives of the neighborhood, so the benefit
is Significant, ok. So, does anyone have anything to add to the standard.
RESOLUTION 23-053 Barry Barone made a motion to APPROVE THE AREA
VARIANCE Located at 1136 Stonegate Drive. Applicants
Eric and Sarah Davis are requesting AREA VARIANCES
to allow a @ tall privacy fence and legalize an existing
utility shed in the front setback of a corner lot which is not
permitted, associated with the installation of approximately
76 linear feet of 6’ tall white vinyl privacy fence on a 0.51-
acre parcel having SBL# 095.05-2-73 located in an R-3
Single Family Residential District under Sections 350-47
and 350-79 of the Code of the Town of Webster which was
seconded by: Corrine Volo.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
e The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024.
* Needs to legalize shed; 6-foot white vinyl fence to be used.
(Corrine Volo read the fourth application)
1293 LAKE ROAD FENCE AND SHED: Located at 1293 Lake Road. Applicants Bryan and
Susan Patane are requesting an AREA VARIANCES to allow a 6’ tall privacy fence, and
legalization of a pre-existing shed in the front setback of a corner lot, which is not permitted,
associated with the installation of approximately 125 linear feet of 6’ wooden privacy fence on a
0.64-acre parcel having SBL# 050.01-1-45 located in an R-1 Single Family Residential District
under Sections 350-47 and 350-79 of the Code of the Town of Webster.
Appearing before the board was Bryan and Susan Patane. We recently purchased 1293 Lake
Road about 5 weeks ago. It’s considered a corner Jot again because of Gallant Fox . There ts a
little town easement hedgerow to the east side of the property between our property and Gallant
Fox and there is a wooded hedgerow behind our property and because it’s a corner lot we are
looking for a variance for a 6-foot privacy fence on the side lot . 6-foot privacy fence to contain
dogs and small children and also, we are looking for acccptance of an existing shed that was on
the property NOT PERMITTED but it has been on the property for years and years. Depending
on when you drove by you may or may not have been able to sce it. It was encapsulated in a
bunch of trees that we had cleaned out recently.
Pg. 195 July 18, 2023 Zoning Meeting
My guess is that the shed was there before the road was. Gallant Fox has been
there 20 years Don. That shed is more than 20 years old. I can tell just by the condition of the
roof. That shed is 25-30 years old so that was there before that road was even installed. That
road made you a corner lot. As the applicant said, it’s heavily wooded along that right away.
Does anyone know how wide that easement is?
So, is not actually an casement, it is part of the right of way associated with
Gallant Fox and J don’t believe. Do we have a rough measurement?
It’s on one of the drawings here, from the property line to the side of
the road.
The measurements I have on the survey looks like its 72 from the property line to
the edge of the shed and 3 foot 7 from the property line to the fence fine and if I was guessing, if
everything is to scale which that is always dangerous, it looks like the street line from property
line is another six feet, plus or minus.
J am just curious, why did you keep it 8 feet off that west line?
Because it is a slight hill so | would probably lose two feet of elevation
if I] brought it down to the property line.
Ok, that makes sense.
Ans so we have room to maintain it.
And it actually looks like you kept it off the rear lines substantially also.
It is heavily wooded in the back, and they actually belong to us, and we
want to keep them there. We just trimmed back some of the branches.
Now the location of the fence on the Galiant Fox side, is that going to be inside
the hedgerow or the outside of il?
Inside the hedgerow. Actually, the measurements | have are 30 feet
from the gutter to the property line. From the gutter to the property line there is 30 feet. There is
30 feet Gallant Fox casement.
That must have been just the size of the....because typically on a town road it is
17.5 feet from the gutter to the hedge of the right of way but that must have been the width of the
property that they purchased
Pg. 196 July 18, 2023 Zoning Meeting
There is a hydrant in the front yard and that is pretty much the property
line and there is quite a buffer between the property and the road.
You make a good point because a typical town right of way is 17.5 f rom the
gutter so we have another 13 feet more so that affectively from a visual perspective makes your
shed appear further from the road then it would be typically.
That is correct. I believe it is 6 foot 7 from the property line if [am not
mistaken.
Ok. You understand my logic. Another words, that roadway is extra wide on that
side for some reason for whatever reason. This meeting is open to the public. Anyone wishing to
speak for or against this application. Ok, seeing no one is interested in speaking, we will return
it back to the board and close the public portion. John keeps me in line here....we have letters of
support, (PLEASE SEE THAT ATTACHED)
RESOLUTION 23-054 Barry Barone made a motion for TYPE IT SEQR
which was seconded by: Chris Centola
VOTE:
Mr. Hauza AYE
Mr, Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
So, we have two fetters of support from neighbors, and we have no objections
from the audience. People are Jooking for privacy and on a corner fot again. One of the points I
made, and J think it is an important point, that house and shed were there before the road was
installed so they kind of got trapped into this situation. So, what they are asking for is perfectly
reasonable, The nearest neighbor said that it 1s not going to affect them environmentally or
aesthetically in anyway, no sight issues. They are going to leave trees in place between the shed
and the road so it will be minimally visible from the road. So, does anyone have anything to add?
RESOLUTION 23-055 Barry Barone made a motion to APPROVE THE
AREA VARIANCE Located at 1293 Lake Road.
Applicants Bryan and Susan Patane are requesting
an AREA VARIANCES to allow a 6’ tall privacy
fence, and legalization of a pre-existing shed in the
front setback of a corner lot, which is not permitted,
associated with the installation of approximately
125 linear feet of 6’ wooden privacy fence on a
0.64-acre parcel having SBL# 050.01-1-45 located
inan R-1 Single Family Residential District under
Sections 350-47 and 350-79 of the Code of the
Pg. 197 July 18, 2023 Zoning Meeting
Letter of Support of Request for Variance
211 Gallant Fox Lane, Webster, NY 14580
585-750-1317
This letter is to support the request for variance filed by our neighbors at 1293 Lake
Road Webster, NY 14580. Our neighbors, Bryan and Susan Patane, are requesting approval for a
privacy fence height variance in the front and side yard from 4 feet high to 6 feet high.
This property adjoins our side yard and the proposed fence will not obstruct our view or change
the neighborhood aesthetics.
We have discussed the proposed plans with the Patanes and do not have concerns about the
impact of the project. We ask that you approve their variance request.
Thank you for your consideration,
Eric Wiedemer
; “a |
CAVE (0/22/23
Alexis Wiedemer
y P Os aa . —>
Letter of Support of Request for Variance
1289 Lake Rd, Webster, NY 14580
This letter is to support the request for variance filed by our neighbors at 1293 Lake
Road Webster, NY 14580. Our neighbors, Bryan and Susan Patane, are requesting approval for a
privacy fence height variance in the front and side yard from 4 feet high to 6 feet high.
This property adjoins our side yard and the proposed fence will not obstruct our view or change
the neighborhood aesthetics.
We have discussed the proposed plans with the Patanes and do not have concerns about the
impact of the project. We ask that you approve their variance request.
Thank you for your consideration,
Zulta Rizvanovic
ra
Dzevad Rizvanovic
Town of Webster which was seconded by: Corrine
Volo.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
e The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024.
(Corrine Volo read the fifth application)
1275 CREEKBEND LANE ADDITION: Located at 1275 Creekbend Lane. Applicants Gary
and Robin Partridge are requesting an AREA VARIANCE to allow a 35’ rear setback where 50’
is required associated with construction of a 296 SF addition to a single-family home on a 0.41-
acre parcel having SBL# 065.14-1-16 located in an R-3 Single Family Residentia! District under
Section 350-12 of the Code of the Town of Webster.
Appearing before the board was Gary and Robin Partridge. We are here requesting a variance to
allow a 35-foot setback off the rear of our home where 50 feet is required. What we are trying to
do is add a handicapped bathroom and first floor laundry in the event that we are no longer able
to gel up to the second floor of our home or the basement, we could continue living there. 296
square feet and we have talked to our neighbors on the east side and the west side even though
the setback does not affect them, they support the project. We also talked to the neighbor to the
rear where the setback, where it would affect the setback and he is supportive also. If you look
at the rear of our property, is wooded so you really can’t see very much from where our yard
stops lo where the woods start. So, I have the document here that shows the approval of our
neighbors on the east, west, and south sides,
Can you submit that so we can make that part of the record.
When | looked at this property the back yard is so wooded that you can’t see the
residents behind it so... this is going to be a master bedroom you said also? Or just a laundry...
Well, a first-floor bath and INAUDIBLE (can not hear Robin)
Ok, you want an aging in place.
Yes
That is the buzz word, aging in place. As 1 said, when I looked at the property it
is so heavily wooded in the back you can’{ really see so therefore, the neighbor won’t even be
Pg. 198 July 18, 2023 Zoning Meeting
able to see your addition. It works both ways. I will make note that it’s a cul de sac lot and the
depth of that fot on the west property line is 147 feet, very shallow and the house is far forward
as itcan go. It is only 51 feet off the road and the house is and it’s just an average home in that
neighborhood, so you really have no where else to go with that addition, so it makes sense to put
it where you show it and the depth of the lot. The need for a variance is a function of the depth
of the lot the way I see it, alright.
Even if they located it on the west side, it would require a variance on the west
side.
Yeah, they would still need a variance. There is still room on the east side, but
you don’t want to put that off on the family room, it doesn’t belong there. The traffic flow is
terrible. This meeting is open to the public. Anyone wishing to speak for or against this
application please step up. Seeing that no one is interested in speaking we will close the public
portion and turn it back to the board. I really don’t see any negatives if they want to modify their
house so they can live their for the rest of their lives basically. I don’t see any detriment to the
environment, no impact on the neighbors.
And its away from the drainage easement INAUDIBLE I would concur when I
visited the property between their back yard being heavily wooded and the property at 665
Webster Road being heavily wooded, no one is going to see this except the residents of the
home.
Yeah, there is no negatives to the neighborhood whatsoever.
RESOLUTION 23-056 Barry Barone made a motion for TYPE II SEQR
which was seconded by: Donald Hauza.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs, Volo AYE
Mr. Centola AYE
Mr. Short AYE
RESOLUTION 23-057 Chris Centola made a motion to APPROVE THE
AREA VARIANCE Located at 1275 Creckbend
Lane. Applicants Gary and Robin Partridge are
requesting an AREA VARIANCE to allow a 35’
rear setback where 50’ is required associated with
construction of a 296 SF addition to a single-family
home on a 0.41-acre parcel having SBL# 065. 14-1] -
16 Jocated in an R-3 Single Family Residential
District under Section 350-12 of the Code of the
Pg. 199 July 18, 2023 Zoning Meeting
Town of Webster which was seconded by: Barry
Barone.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
® The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024.
(Corrine Volo read the sixth application)
936 JOYLENE DRIVE FRONT PORCH: Located at 936 Joylene Drive. Applicant Sean. C.
Riga is requesting an AREA VARIANCE to allow a 30’ front setback where 35’ is required
associated with the construction of a roof over an existing 5’ x 6” front porch on a 0.28-acre
parcel having SBL# 064.14-2-41 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 Sean Riga and the project is to put a roof over the front porch
that is currently open. It’s been existing since | have lived there, and it is on the original map
that I have, and it will not extend past the currently installed sidewalk that has been added at
some point prior lo my ownership but that does exceed the front offset of 35 feet and brings it to
30 feet from the front also or from the front property line.
Ok, this is a pretty popular addition, There are a lot of subdivisions in town where
the homes are pretty much placed in the front setback line with no room for expansion to the
front and you have no porch whatsoever. It just a slab there right now. So, when people are
wailing at your front door, if it’s raining out, they are getting wel.
Yes, or all my packages.
Yes so, 1 understand the need for that. ] noticed that you are in the process of
siding the house, so you want t get this going before you get to the siding there. A side from a
corner lot fence and shed setbacks, front porches are second. The second most popular variance
requested.
Do you have an instrument survey for this property?
] do not have an instrument survey. We didn’t know initially about the offset
requirement in the neighborhood, and it wasn’t until ] went to submit the building permit
application that we identified that originally the idea was just because we are 1:13:38 just adding,
I think it’s 5 feet 4 inches to the front of the house and for those purposes it would have been fine
Pg. 200 July 18, 2023 Zoning Meeting
[
for a building permit for the tape location map which is what I was able to obtain at the town
hall.
So, all we have it the tape location map.
Correct.
Now you realize, if we give you this variance you have to be sure you are no
closer to road than 30 fect and it would probably be wise to have a surveyor come out and check
that. What are you thinking?
I don’t feel comfortable without the instrument survey. That’s my opinion.
INAUDIBLE house setback in front of it
That right.
There are a lot of assumptions. No one is objecting to the porch it is just some
questions about making sure everything is in line.
Now Josh, ] think if we made a policy that surveys are required for this board to
take action.
It is not a written policy but that is pretty much how we do...
That has been standard pretty much, We have had some issues in the past. Well, |
can’t disagree with you Don.
Well, what is the concern? What is the worst-case scenario that the survey is
going to cause in terms of problems in the context of the application?
| tend to believe that the house is 35-36 is off the front now because those houses
line up like a straight line. The worst that could happen is that he might be instead of 30, 29 and
half feet or he might be off a little bit INAUDIBLE and come back to the board at some point
and time. It's, Pll use your words, deminimis.
But to that point, if you say it is not going to be anymore than 30 and if it is 29
and half, well than it violates the variance.
] would say that the house is probably 36 feet off the front
That is what the tape location map indicates, right? It is 36 feet.
You get to know all the builders in town and how they do things, and they usually
give them one foot to spare. I mean, but you are saying what’s the downside Wf he is a couple
Pg. 201 July 18, 2023 Zoning Meeting
inches closer to the road. Well, what happened is when you go to sell that house there may be an
objection if it didn’t match the variance that we are proposing or that you are proposing. So,
what do you recommend? We could hold him to a setback and put that on him to get the survey
and make sure it is properly done.
It is time sensitive right? (Speaking to applicant) In terms of the approval?
Ideally, yes.
Why don’t we make it, if the board has a sense to approve it and make it
contingent upon him submitting an instrument survey and if the survey is within that
INAUDIBLE itt is self-approving if you will and if it’s not, he is going to come
back... INAUDIBLE
Both parties speaking over
Either that or shorten the porch by a few inches. Instead of making it five feet
make it four. Do you understand what Mr. DeMarco is suggesting?
Yes
I don’t see a problem with that. You might not be able to get a surveyor for a
weck or two, but it is better than waiting an entire month, if we table this. So, it could save you a
couple of wecks. Because the surveyors are busy like everyone else.
Or the alternative, if you want to, ask for it to be tabled and then we can do it the
customary way.
No, I like the other way.
Ok, next meeting is August 8". It is a good few weeks out so. You might be able
to get a surveyor quick if you plead your case to them. Lets proceed with that and lets move
forward with the variance conditioned on and you won’t get your building permit until you come
in with a survey so that the building inspector is satisfied that you are 30 feet from the road and
no closer. Does that make sense?
You will not get your variance until
No, we will make the variance contingent on him proving that is not getting closer
io the road than that.
So, he’s not getting a variance until he proves that he is not closer than 30 feet?
Pg, 202 July 18, 2023 Zoning Meeting
Well, we have to make a motion because we won’t be able to move on it until
next meeting.
Both parties speaking at the same time.
He will get the variance tonight, but the variance will be limited that the front of
your porch can not be any closer to the road then 30 feet and then in order to get the building
permit you will nced to come in with a survey just to confirm the dimension.
Can we do that to the Building Department?
I am feeling like that ts defeating the purpose.
At some point and time they are going to need to get a survey anyway.
It would be nice to have the survey before he builds it, so we know it’s
exactly...... myself, I am pretty darn confident that house is at 36 feet right now
And I don’t know that and speaking for myself, I don’t know that you need a full
survey right away but at least a measurement from the front of the road to the front of the house
to confirm that dimension. You may be able to go back to who did the original survey and they
may be able to do points.
Board having discussion
He wants to make sure that he has a green light because of the other work that is
being done on that house, correct.
There is no siding on the house ....everyone speaking al once.
So, if the board feels it appropriate to grant the variance make it conditioned
upon him submitting the instrument survey within X but then he would be allowed to go forward
and if the instrument survey dictates that there has to be an adjustment, then there has to come
back to the board to get 1 adjusted or adjust his porch.
Ok, make the porch a lite shorter
Yes, lets move forward.
In all honesty if it were 29.5 feet or 30 feet, [ don’t think the board would feel any
differently and not that ] am telling you to build it closer but...
One thing to note, in the plans it shows the extension of the roof is 5 fect 4 inches
from the face of the current existing structure...
Pg. 203 July 18, 2023 Zoning Meeting
Ok, so you have some cushion
because we are 36 feet if we are indeed the front of the structure at 36 feet than we
are still even less than 30 feet or sorry, we are greater than 30 feet from the curb.
I would say than, let’s put the ownness on him if there is an issue then the builder
has to deal with it.
This meeting is open to the public if anyone is wishing to speak for or against this
application. Seeing no one we will close the public portion of the meeting. I think we have good
direction now . It is up to you to make sure you are 30 feet off that front, and you have to get a
professional surveyor to do that. So anyways, any other thoughts? [ know where you are coming
from but this one...I] am trying to help the fellow out INAUDIBLE at the same time.
| understand that but from what | recall, the Zoning Board regulations required an
instrument survey.
What we will do, we are not going to forgo that, we are going to require him to
get a survey prior to starting the construction. So, I think that is reasonable. I went by the house,
and it has not siding he can’t leave that like that for weeks.
But he doesn’t need a variance for siding.
RESOLUTION 23-058 Barry Barone made a motion for TYPE H SEQR which
was seconded by: Donald Hauza.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
There’s....the front porch is really going (o enhance the face of that house, add
practical value when you are standing there out of the weather, there are all kinds of positives to
it. Il is going to take a pretty straight colonial a much more interesting house from curb appeal
and so on. We did not hear any objections to the project and actually a great project.
RESOLUTION 23-059 Barry Barone made a motion to APPROVE THE
AREA VARIANCE Located at 936 Joylene Drive.
Applicant Sean, C. Riga is requesting an AREA
VARIANCE to allow a 30’ front setback where 35’
is required associated with the construction of a roof
over an existing 5’ x 6’ front porch on a 0.28-acre
parcel having SBL# 064.14-2-41 located in an R-3
Pg. 204 July 18, 2023 Zoning Meeting
Single Family Residential District under Section
350-12 of the Code of the Town of Webster which
was seconded by: Michael Short.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
e The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024.
(Corrine Volo read the seventh application)
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.
Appearing before the board was Dylan Miller and ] am the General Manager at Meyers over
there on Ridge Road and we have erected a 100-foot flagpole there on site . Ido come a 100%
with my hat in my hand and apologize for not consulting with the town and doing our due
diligence on that beforehand but | am asking permission from you folks to keep our flagpole
which we are very fond of. That is our project.
You didn’t get a permit before you pul it up?
No sir. In defense, I did summit a general inquiry into the town ahead of time and
never heard anything back, I consulted some folks and J tried to read through the code and tried
to get opinions on what the code stated, and | missed it frankly. | thought we were ok if we were
off the property line by 100 feet in every direction and that ts sort of the standard that I used.
I don’t know about the rest of you, but | have mixed feelings about this. The
permit, the code, everything and at the same time I feel unpatriotic.
INAUDBILE strictly on the application the thing that gets me ts that it was self-
created . It’s not like someone bought a house and there was a shed and they are trying to make
it right where they want a fence or a porch overhead. This ts self-created.
Well, that is why Lasked if he got a permit. | don’t know if you were mistead or
you just neglected the process.
Pg. 205 July 18, 2023 Zoning Meeting
Honestly for what it is worth, it was very much, again, I very much tried to do my
due diligence on this thing and just did not get good information and went ahead with it, but I
will say, anybody that has driven by this thing, this thing is beautiful, it really, really is. It is a
great flag for what it is worth, and | understand, and I know that is not what is in question here,
but we have dozens and dozens of daily phone calls from residences thanking us for putting this
flag up. We have social media posts that are coming in constantly on the daily basis and
thanking us for putting this flagpole up and [ really do believe it adds to the character of that
stretch of road and it really enhances the feel of that area.
Now, we did receive a letter or more than one letter. | read one letter myself.
One letter. Yes, I spoke to this gentleman the other day, David Croyle from 807
Francesca Way (SEE ATTACHED LETTER) Now J will mention that when I spoke to Mr.
Croyle, I asked him if he had experienced any of what he described and he was unaware that the
flagpole has actually been installed so I think his statement was based more on fear than facts. |
told him to take a Jook at it and get back to me if he is in fact experiencing those things.
I went there after dark because one of his concerns was light and I went there at
9:30-10:00 one evening at his house and the light is straight up it is not...1( doesn’t wash up to
the neighborhood, The gentleman made it sound as if the light was coming into his bedroom
window and keeping him up at night and that is not the case. | didn’t see the flag waving in the
breeze because it was raining oul then. It is visible from his house but between the trees...
Corrine, how far did you say it was?
It is about 750-800 between the location of the flagpole and the residence on
Francesca Lane.
As | said, this is a tough one.
Michae} Short: 1 unfortunately did not get a chance to drive by it. It would have been really easy
for me to do I just...time did not permit. I suuggle because it went up without the due diligence
and the other piece | struggle with, a 100-foot appendage in the Town of Webster and setling a
precedent for others to start doing the same and right now the zoning has tt set to the maximum
height of what the allowable main structure is on the property so for me I struggle with a lot of
things. It’s not just one, is stacking up on each other and Chris as you mentioned, this was an
item that was caused by Meyers.
Well, it’s self-created.
I believe3....what is the maximum allowable height?
[tis 35
So, we are in excess of three Limes the amount
Pg, 206 July 18, 2023 Zoning Meeting
Karen Buck <kbuck@ci.webster.ny.us>
Thu 7/13/2023 6:11 PM
ToJosh Artuso <jartuso@ci.webster.ny.us>;Katherine Kolich <kkolich@ci.webster.ny,us>
Outlook for iOS
noreply@civicplus.com <noreply@civicplus.com>
Thursday, fuly 13, 2023 4:18:53 PM
Webster Cable Access <communications@ci.webster.ny.us>
Online Form Submittal: Board Meeting Comment Form
Board Meeting Comment Form
Residents,
Please use the form below to submit any comments or
questions you have regarding a Board Meeting Agenda
Item or a Property Under Review.
For Board Meeting comments, please submit them no later
than 5 p.m. on the day prior to the meeting.
Your comments will then be shared with the appropriate
Board Members and included as part of meeting records.
Thank you!
David Croyle
807 Francesca Way
dcroyle@rochester.rr.com
t
Fj
SRE 9 S65
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Variance to allow a 100 foot flagpole located at 784 Ridge
Road. Unfortunately ! cannot attend the meeting scheduled for
July 18 @ 7pm because of my handicap situation. | am elderly
and live alone, almost directly behind the rv business at 807
Francesca Way, a residential street zoned residential.
There is a small wooded lot approx.50 yards that separates us
from Mayers. There is also a water right of way
managed by the town of Webster with a drop back requirement
This water right of way runs down the entire back yards of
residents living on Francesca and empties into a beautiful
retention pond that supports many forms of wildlife including
deer,fox,waterfowl and many more forms of wildlife.
| cannot imagine the need for a 100 ft flag pole with an
attached very large flag flapping in the wind and the associate
noise it would make, not to mention to be lit at night with the
light pollution shining in our bedroom windows. Meyers maybe
zoned commercial but we are not. We pay our taxes and keep
our properties up.
if this variance is granted it would be a nightmare not to
mention a huge eyesore to Webster. Meyers is only one
business and they certainly don't need this flagpole in my
opinion. They apparently don't care about their
immediate neighbors. Pease deny the variance request and
keep Webster where life is worth LIVING!
furthermore | request that these comments by me be entered
into the minutes and read aloud by a board member. Thank you
for your consideration.
David Croyle
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So, from the towns perspective our main concern is the proximity to other
neighboring buildings and if tt were to fall ina certain direction and would it impact traffic. It is
more of a safely concern from our prospective and | will say that the site itself is set down from
Ridge Road quite a bil, so it doesn’t have the full impact of...
It’s a good 20 feet lower than the elevation on Ridge Road.
So, there was that but we were not able to get a to scale instrument survey map of
this in order to verify it’s proximity to the lot lines and | know that there are also power lines that
run north and south just to the east and from the towns perspective we just want to insure that if
it were to fall that it is far enough away from all of that and it would not pose a safety threat.
Do you know what the distance is to the road?
I did measure it out as 100 feet from the road.
From the road or the right of way?
From where our grass line begins
So, if the wind blow il, it is blowing that flag, which is not a small flag and it
pulls that pole, it could pull it into he road.
] don’t think it would hit the road.
| think that same consideration when you are looking at cell towers and that sort
of thing, the fall pattern, and the damage if it came down.
Those cell towers have INAUDIBLE 50 percent of the structure INAUDIBLE for
acell tower you need a 150-foot fall zone with that in mind, 1s there a way for us to make him
come back with a survey to make him prove that it is where it is supposed to be.
| am also concerned with setting a precedent here and having every business here
up and down Ridge Road having a 100-foot flagpole. I have a concern with that because he did it
why can’t we do it. What kind of attitude would hurt us in the long run.
Although the light portion is not going into ncighbors houses, you are shinning a
bright light straight up to the sky which is diminishing your night sky so there is light pollution
there as well. Again, I have a lot of check boxes that 1 am checking unfortunately.
This mecting is open to the public. If anyonc is wishing to speak for or against
this application, please step up.
Pg. 207 July 18, 2023 Zoning Mecting
Lam here in Webster, and I have lived in Webster acttally since 1968 and fam
currently a retired US Marine and I have got to tell you, going down Ridge Road and seeing that
flag is amazing tome. It shows that Webster still has patriotism that we need in this country.
This country is.... We don’t have it. We need to display it; we need to display our flags and we
need to let people know we still are patriots in America and to take that flag down [ think it
would be devastating to this conununity. Thank you!
Resident/Robin — lam anew resident of Webster and I have been here for about 5 years, but I
love living here because Webster is where life is worth living and that is part of having a 100-
foot flagpole. If any of you remember, about a year or so ago, we had a thing going trying to get
a flagpole going at the Webster, where the bushes are over the bay. Well, NY State is NY State,
and we could not do that, and Lam so glad that you put that 100-foot flagpole here. We have a
lot of veterans here. We have blue star families, and we have gold star families; we have people
doing acts of kindness everyday and we have people being good neighbors everyday and that
doesn't happen everywhere that happens here in Webster. He was nice enough to put a 100-foot
flagpole in a spot where people drive going to Sodus Point, Oswego and everywhere else. Going
through our towa, spending money in our town, | think we should be thanking him instead of
giving him trouble. He is in a spot where there are not a lot of other things but other businesses.
He is almost next door to the VFW. I think we need to give him a variance for that flagpole and
keep that flag ata 100 feet. Thank you!
Is there anyone else? Ok, we will close the public portion and bring it back to the
board. Iam hearing a lot of concerns from the members of the board, probably could have
prevented all this by getling a permit and direction. Maybe a 50-foot flagpole would have passed
for a variance but what ] am hearing from a few members of the board is that they are not in
favor of it.
Iam torn with this. I love the flag but when I drove by, I went it didn’t....my view
of a 100 fect 1s taller because typically when I am standing next to a cell tower/radio tower it is
from the ground level and this is (wenty feet off of the road level. That being said, the
dimensions of the flag are the same as the footprint of my house, its huge. It is lovely but there
are flagpoles up and down Ridge Road that also show patriotism without being that large and |
know Meyers at several other locations have farge flagpoles and I don’t know if all locations, but
] did check the google views just the ones the seem to be located within cities proper are Iess
likely to have a flag pole and | know the location out in Caledonia does but it is in the middle of
corn fields and your property is significantly bigger than 5 acres and there is no body around that
is Impacted by it except a cow or two and the same with the other locations. It’s a dangerous
precedent for us to allow it to be there, especially without a permit because you did have a
company install it. They should have known better even if you didn’t, and I don’t think the
reflection of your commitment to the country and it’s values would be any less on a 50-foot
flagpole. So, I’m just.... | love the look of it, but 1 also know when | looked up at it, I was not
looking at the road and that is a wicked stretch of Ridge Road to try and pass through at any time
of day. So, Pm..... don’t know right where it is because we don’t have the survey,
Pg. 208 July 18, 2023 Zoning Meeting
| would love to know where il is located. If we are going to massage this for
something a little smaller than what is presently located. [ would like to know the exact location.
An instrument survey.
| love the flag, I love the size but there again, the precedent that it would
establish. It is very concerning to me and always has been.
To be clear, there is not a restriction on the size of the flag. Is that a fair
statement?
That is correct.
So, we are talking about the pole only.
The issue typically is INAUDIBLE design flagpoles and flags depending on the
size of flag that Meyers wants, you need a certain size flagpole to carry a certain size flag is
really what it comes down to.
I think it needs to be that size because if winds are blowing at 20 mph, that things
a sail so it has to have the structural ability and honestly, IANUDIBLE everyone’s opinion but to
me it is not the height because if he was asking for it ] wouldn’t necessarily be against it if no
one else around him was against it and he could prove that he said tt was good where he said it
was going to be and we could see the affects. To me, especially the way the project is now
selling a precedent he skipped a process where we could have debated or discussed, could you
make do or be happy with a small flag with a 60-80-foot pole or something Jike that.
Unwillingly circumventing the process, we have been denied the ability to compromise
potentially on what he wants vs what we think is best for the town, That is what Iam conflicted
about. Overall, 1 get il, but the fact is this whole thing 1s self-created makes it difficult for me to
say, yeah go ahead, no big deal.
After listing to everyone on the board something else comes to mind, we don’t
have any engineering drawings on that pole. That pole could be fatally dangerous. That is a
structure a major structure. It is as tall as a 10-story building. So, we are lacking permitting;
lacking the opportunity for a discussion. If you came to this board maybe we would have agreed
to a 50-foot pole or 60, I don’t know [am just throwing out numbers but there is no engineering
on it and we get 60 mph winds here every month so it could conceivably be a hazard and we are
nol even aware of it because il didn’t go through the proper stages with an enginecr’s stamp and
engineers drawing and in structural details and so on. How to proceed here is probably deny the
variance and then have the applicant come back with alternatives if he wants a flagpole with
more detail. What do you think?
Well, either that or table it. [f the applicant is willing to compromise by providing
us with the necessary information so we can massage his application.
Pg. 209 July 18, 2023 Zoning Meeting
It’s installed,
If he is willing to compromise should it need to be lowered.
I guess my point is, it is already installed so the compromise regardless is going
to be, take it down and put a new one up. You don’t cut the top of a flagpole off unfortunately to
shorten it so...
But you can give the company an opportunity to investigate if there are
alternalives lo using the mass majority of the structure that is already there and maybe they are
able to, not necessarily cut it off but maybe it is in sections and you just remove the top section, I
don’t know. I didn’t look at it that close but this way we are not denying him the opportunity to
request it. This way, he can come back if he believes it is in his best interest to come back and
present it to us and we can evaluate it with all the information not just by the way it is built.
Iam more than willing to secure some of the engineering specs and...
Who did the tnstall?
A gentleman, Peter Mills was his name. I’m sorry, the name of the company is
escaping me... Pond Mills Enterprising.
What I would suggest, and | will see if the board agrees, lets table this until next
meeting but I would like that you bring everything together by next meeting because personally,
that flagpole maybe a hazard and we are not aware of il, tight in the heart of Webster. If that
were 10 fall across Ridge Road it will kill people but that is serios business we are talking about
so, would you like to table and investigate your options?
T would, yes sir.
Ok, so is thal agreeable to the board? I don’t want to go past next meeting because
it may be a hazard.
But } absolutely need to see a survey. | understand it is located a hundred feet
from any hazard except the flag, when it tips over, now I have 30-40 feet of flag beyond it, and |
live with a first responder, so 1 know what a hot mess that is going to create. So, Pm just......
A licensed surveyor will locate it and show fall pattern in all directions and see if
there are any adjacent buildings or structures, whatever would be a hazard so.
Are they able to go to the height level from the road as well?
They will take that into consideration. Ok, so you agree to table until next meeting
so you can collect all this data, engineering, surveying, and work and so on so we can be a little
more informed before we can make a decision.
Pg. 210 July 18, 2023 Zoning Mecting
Yes.
RESOLUTION 23-060 Barry Barone made a motion to TABLED
APPLICATION TO AUGUST 8, 2023 which was
seconded by: Donald Hauza.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
(Corrine Volo read the eighth application)
1432 SCHLEGEL ROAD POLE BARN: Located at 1432 Schlegel Road. Applicant Sue
Trottier is requesting an AREA VARIANCE to allow the size of an accessory structure to
exceed 2% of the fot size, which 1s not permitted, associated with the construction of a 1,680 SF
accessory structure on a 1.295-acre parcel having SBL# 065.02-1-3.4 located in an R-3 Single
Family Residential District under Section 350-36 A(4) of the Code of the Town of Webster.
Appearing before the board was Brian White and I work for McMahon LaRue Associates and J
am here tonight with Joe Trottier the property owner and Sue is not here tonight. We are
proposing a 30 x 56 pole barn on the parcel. As you said, it is kind of exceeding the square
foolage requirements per lown zoning code. What initiated this project is the Trottier’s interest
in storing their motorhome in a pole barn. Currently they store in it the driveway and for safety
concerns, when they are on vacation, they would like to have it in the barn. The remaining space
in ihe barn is allocated for storage of additional items that are currently stored on the neighboring
property who happens to be Sue’s mother at 500 Phillips Road. Which is the adjoining parcel to
the northeast, ] am sorry, northwest.
Currently, we work to justify the space that will be allocated in the pole barn, and J actually had
a plotting included in the application packet. The motorhome is a Class A motorhome, and it is
10 X 36, and it has (wo slide outs on each side and in addition to that they have currently
occupied space approximately 35 X 20 space in Sue’s mothers place at 500 Phillips Road. They
would like to reallocate and relocate those storage materials into his pole barn as part of the
project . The materials are currently stored in an existing barn Jocated at 500 Phillips Road. At
some point in the future, that property will be sold, and they will need to relocate the items.
First of all, ] Just want to state that Josh told me, there is a drainage casement
going right through the proposed pole barn, but Josh told me that someone from Webster DPW
went out and Jooked at that and that drainage casement isn’t necessary, and it was never filed
sO...
Correct.
Pg. 211 July 18, 2023 Zoning Meeting
Am I saying that correctly?
Yes, we did some investigating down at the Monroe Clerks Office and there was no
record of the easement ever being filed.
So, even though it shows on the map, it wasn’t filed so it is not encroachment and
it’s not a drainage issue.
Correct.
We investigated on our end as well and it was showing on an old subdivision map,
and we reviewed titled documents, and we are unable to recover the actual documentation which
in some cases are fairly common for some of the older subdivision maps so our reference on the
map was from the original subdivision map and we are working with the town to remove that
note. In addition to this project Sue and Joe have talked to neighbors and we have 7 letters for
the project and that was submitted on Friday, and I do have hard copies tonight if you would like
to see those. I created a visual plotting or graphed plotting showing where those properties are in
reference to where the pole barn would be located.
Josh, do you have those letters? If you don’t, 1 could probably dig them up.
] have a full set if you would like a copy of them.
I have a copy as well.
here is what I would suggest, the hour or evening, the representative indicated
that on the arial picture here that 1395, 1399, 1403, 1440, 1448 and 500 Phillips Road are all in
support and that they completed surround the parcel in subject.
And that is correct, and they are all in general format letters as well.
We will take them and submit them with official record. (SEE ATTACHED
LETTERS OF SUPPORT)
Just for perspective, ] would also like to mention the zoning code mentions nol to
exceed 2 % of the parcel size towards the square footage. 1 worked with the equation and this,
what we proposed equals 3 % of the parcel size so it 1s a factor of 1% .
Could you repeat that, [ didn’t hear the exact numbers.
Yes, so per the zoning code the structure cannot exceed 2 % of the parcel size. The
pole barn square footage that we proposed works to 3 %.
3 %?
Pg, 212 July 18, 2023 Zoning Meeting
Town of Webster
Zoning Board
1000 Ridge Road
Webster, NY 14580
Members of the Board
1432 Schlegel Road Pole Barn
Sue and Joe Trottier
Dear Members of the Board,
L. Scerlt cS ern.
, am the owner of property located at
(403 Schlegel RD
and have spoken with the applicants, Sue
and Joe Trottier, regarding their interest in constructing a 30’ X 56’ pole barn on their
property.
After discussing the project with them and reviewing the site plan depicting its
proposed location, I find no objection and support their efforts to obtain approval for
construction.
Sincerely, (UL plexe tt
Town of Webster
Zoning Board
1000 Ridge Road
Webster, NY 14580
Members of the Board
1432 Schlegel Road Pole Barn
Sue and Joe Trottier
Dear Members of the Board,
L EX UA ASC nan Jex CY) t ) _, am the owner of property located at
U U O SCH Lz G&S GL RD and have spoken with the applicants, Sue
and Joe Trottier, regarding their interest in constructing a 30’ X 56’ pole barn on their
property.
After discussing the project with them and reviewing the site plan depicting its
proposed location, I find no objection and support their efforts to obtain approval for
construction.
Sincerely, Boro | Lorglyy-
Town of Webster
Zoning Board
1000 Ridge Road
Webster, NY 14580
Members of the Board
1432 Schlegel Road Pole Barn
Sue and Joe Trottier
Dear Members of the Board,
,
I.) fpsA f 1 LA va 2) , am the owner of property located at
)
/ f Y 6 cel Le gtd 7 ZA and have spoken with the applicants, Sue
and Joe Trottier, regarding their interest in constructing a 30’ X 56’ pole barn on their
property.
After discussing the project with them and reviewing the site plan depicting its
proposed location, I find no objection and support their efforts to obtain approval for
construction.
Sincerely,
Town of Webster
Zoning Board
1000 Ridge Road
Webster, NY 14580
Members of the Board
1432 Schlegel Road Pole Barn
Sue and Joe Trottier
Dear Members of the Board,
L, Ken Kileeiek Sa , am the owner of property located at
AGO a Pies LD (RBSRE KW J and have spoken with the applicants, Sue
and Joe Trottier, regarding their interest in constructing a 30’ X 56’ pole barn on their
property.
After discussing the project with them and reviewing the site plan depicting its
proposed location, I find no objection and support their efforts to obtain approval for
construction.
Sincerely,
Town of Webster
Zoning Board
1000 Ridge Road
Webster, NY 14580
Members of the Board
1432 Schlegel Road Pole Barn
Sue and Joe Trottier
Dear Members of the Board,
L Sande Doctn oe
, am the owner of property located at
500 fy / / {fe Kid f [ths fe €4~__ and have spoken with the applicants, Sue
and Joe Trottier, regarding their interest in constructing a 30’ X 56’ pole barn on their
property.
After discussing the project with them and reviewing the site plan depicting its
proposed location, | find no objection and support their efforts to obtain approval for
construction.
‘J
Sincerely,
Town of Webster
Zoning Board
1000 Ridge Road
Webster, NY 14580
Members of the Board
1432 Schlegel Road Pole Barn
Sue and Joe Trottier
Dear Members of the Board,
in VA bref ) 6 D , am the owner of property located at
) 349. g Al Le el ke ( welt dor NM OY) and Wal? 00 with the applicants, Sue
and Joe Trottier, regarding their interest in constructing a 30’ X 56’ pole barn on their
property.
After discussing the project with them and reviewing the site plan depicting its
proposed location, I find no objection and support their efforts to obtain approval for
construction.
Sincerely,
liu
To whom it may concern:
We understand that the Trottier’s will be building a pole
barn across the street from our house. We have no
issues with it being built there.
Grou Woevo. bo ntl
Signature Dated
1399 Schlegel Road
Webster, NY 14580
Tt
Oa ae
ubject Parcel
oo 8B
¥
Yes, so it is affective | % exceeding the zoning code.
Now the size of the structure , you need that size to store everything in it that you
basically stated, everything that you have that you want to put in there you need that size, and
you can’t reduce the size of the structure.
We did dimension out the space that is required and | did include plotting on our
application and if you have any detailed questions, Joe would probably be able to answer those
for you.
So, the general storage area you mentioned that there are items that are being
stored on your.... You mentioned your mothers property to the north, the west if I remember
correctly. Lawn mowers, tool area, patio and then your equipment and general storage. What is
that general storage because that equals, if 1 remember correctly, that is probably about 8-9 feet.
Joe Trottier and we live at 1432 Schlegel Road: We have a hot tub in the back of our yard, and
we built a lien to too keep the snow off the top of it and it is totally portable but when I take it
down in the winter or take it down in the summer, we need all the storage to store it with all the
other stuff that is in there.
So that general storage...so if we are talking even 5 X 50 feet that is 250 sq feet
and a lot of storage space and the pole barn was 16 feet high and I don’t want to make an
assumption with pallets racks going in there or whatever, what else is being stored in there.
We have a roller for out lawn which is quite large; we also have another tractor that
we have; we have a rotary tiller; patio furniture; extra picnic tables that we have; kids games;
Christmas stuff; decorations; we are a big decorating house.
This meeting is open to the public. If anyone wishes to speak for or against this
application. Alright, we will bring it back to the board and as Mr. DeMarco said, we have all
the neighbors surrounded by this property in favor of this project. It is larger than then the code
allows but Tam trying to picture what you are storing in that because what we are trying to do is
give you the minimum variance necessary, but it sounds like to me is your saying that you need
all that space for what you have. Is that true?
Now, I do have to ask one question. On your map it shows the this 1s one lot, and
I don’t know how current the county’s GIS maps are, but it shows 1432 and 1436 looks like is
all of this, so have you combined those parcels?
Yes, that was recently subdivided through the Trottier’s and Sue’s mother. They
own all of the property west of this to Phillips Road so in an effort to comply with the zoning
code requirement they did purchase a rectangular piece of property just north of where their
house is, and they also combined the residential lot that was undeveloped just cast of their
existing house.
Pg. 213 July 18, 2023 Zoning Meeting
Ok, thank you.
In addition to that we are proposing some screening along the northeast side of the
pole barn and if any of you had an opportunity to visit the property there is fairly substantial trees
along the front there. In our survey, we have 40-60-inch maple trees in addition, directly east of
that there are some smaller screening trees along that adjoining parcel and those are not showing
on our survey map, but they are adjacent to the chain link fence that is shown on there.
Ok, any other thoughts? That is one of the last, well, of all the residential there is
agricultural to the rear and agricultural along Phillips. I don’t think that particular building is out
of place in that setting and with he support of the neighbors. Those are the neighbors it affects. ]
think it is wise to store, esthetically itis nicer to store things out of sight and I have seen
properties where there are things all over the yard and why wouldn’t they build a structure to
store it, so this is basically what you are asking for.
RESOLUTION 23-061 Barry Barone made a motion for TYPE IT SEQR
which was seconded by: Michael Short.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
The barn is a large structure, but it 1s a large lot, and I just don’t, with all the
neighbors, in favor of the project and I don’t see any negatives to it. ] mean, the code is written
for a reason obviously. If this was ina residential lot or a subdivision than it’s a big deal but you
are location on Schlegel Road with agriculture land to the rear, it’s more of a, for lack of better
word, rural setting in that arca so I really don’t see any negatives to il. Anybody else have any
thoughts?
Ok, so there is no detriment to the environment or the neighborhood. The neighbors show
support. There is no drainage issues; no site issues.
RESOLUTION 23-062 Barry Barone made a motion to APPROVE THE
AREA VARIANCE Located at 1432 Schlegel
Road. Applicant Sue Trottier is requesting an
AREA VARIANCE to allow the size of an
accessory structure to exceed 2% of the lot size,
which is not permitted, associated with the
construction of a 1,680 SF accessory structure on a
1.295-acre parcel having SBL# 065.02-1-3.4
located in an R-3 Single Family Residential District
Pg. 214 July 18, 2023 Zoning Mecting
under Section 350-36 A(4) of the Code of the Town
of Webster which was seconded by: Michael Short.
VOTE:
Mr. Hauza AYE
Mr. Barone AYE
Mrs. Volo AYE
Mr. Centola AYE
Mr. Short AYE
CONDITIONS:
e The applicant must obtain all necessary governmental permits, including a Town
Building Permit.
e That one-year significant construction shall expire July 18, 2024,
(Corrine Volo read the tenth application)
Located at 1175 Ridge Road. Applicant Steven Smith is
requesting an AREA VARIANCE to allow a @ tall fence on the property line within a district
buffer area which is not permitted, and a 36.6’ district buffer area, where 100’ is required
associated with parking lot and fencing modifications to a previously approved site plan for
Limelight Automotive on a 2.3-acre parcel having SBL# 080.13-2-3.11 located in an MC
Medium Intensity Commercial District under Sections 350-18 of the Code of the Town of
Websier.
Appearing before the board Steven Smith and I represent Limelight Automotive, and I am the
owner here. I guess to fill you in first and foremost, we have gone through approvals for a lot of
these variances, for five different variances. Last meeting, we had attended and gotten those
variances was in July of last year, We have since then, constructed the building; everything has
gone about as planned but upon the last meeting there was a concern, one of the variances has
been slightly altered from what we had been asking which is basically the buffer to the rear in
pertaining to the parking lot back there where the fence would be located and things like that. I
expressed some immediate concern with the engineer, I let Josh know about some of these
things, but we were going to kind of feel it out once the building was up. We wanted to see what
kind of turning radiuses we were doing with the vehicles. One of the bay doors around the back
of the building is a 14 X 14 bay door and that was designed specifically to fit the turn radiuses
that we were dealing with the vehicles. One of the bay doors around the back of the building is a
14 X 14 and that was designed specially to fil some larger vehicles. We do and without name
dropping, dump trucks and we do some of Wilbert’s vans and stuff like that. We also do boats
between tinting and graphics and audio systems. It is really required to be able to fit some of
these larger vehicles and things in there and the turning radius is proved to not be quite enough
of what was granted as the variance in July last year.
So, what I am here to do ts just to get that variance to get it slightly extended to actually what we
are looking to do is pave the preexisting parking lot. It has been there since Gary put it up, |
think in 87 and then just move the fence back to the property linc. We feel like that is going to
Pg. 215 July 18, 2023 Zoning Mecting
make it a lot easier for snow removal and things like that. So I believe it is a fairly simple request
tonight but I would love to hear your guys thoughts and really my biggest concern is being able
to do the business we had brought the property for and put the structure up for and not being
limited to things like the parking lot like that and my biggest concern obviously and I think
everyone’s is, to finish the project and get the screening that we had been proposing and make
this a nice area between our commercial building and property and the neighbors behind us.
Yes, the parking lot is paved. Now Josh, maybe you can correct me if | am wrong.
Was that suppose to be 49 feet from the rear line or 44 feet? 41 was the proposed fence I believe
and 49 was the pavement.
I believe that was, yes.
That was the variance that was approved?
Yes, that is what was approved but it was not the variance that was asked for. It
was the very last thing that was basically given to me at the very last meeting. I thought we
came here for approval on what we had asked for and that was a little bit of a blind side to me,
and I was immediately concerned with that turning radius but yes, you are correct. We had
asked for a 41-foot variance to the parking lot and then a fence in the buffer zone and when we
had to come for that last meeting it was approved to the variance of 41 feet to the fence and then
another 8 feet to the parking lot.
For snow storage.
For snow storage correct but again with that losing the 9-10 feet there it was a big
enough factor to make itso. It is very difficult to turn back there. I actually invited Josh and
Mary to come out and take a look at the project and see what it physically looked like. T brought
hard copics of very rough drawings essentially from the engineer showing some turning radiuses
with certain vehicles and unfortunately, he didn’t have the option of doing like a truck and a
trailer type of thing but I could submit those to you guys to show some sort of proof of that but
the day that I had Josh and Mary down we had parked cars in that fashion and actually witnessed
a vehicle trying io get around and having quite a time trying to do that. Even down to Fed-Ex and
UPS drivers that want to deliver packages back there. You pull around back and it 1s almost
impossible to turn around with the limits that were granted for a variance last time.
Now looking at the map it looks like it is 36.6 feet to the pavement ?
That is correct. That was the existing parking lot that had been there for 40 years.
It was supposed to be 49 feet ?
Correct, we paved, and it was not supposed to be paved. [had given them
direction of where not to pave and they had seen that there was stil! stone between Limelight and
Pg. 216 July 18, 2023 Zoning Mecting
Jiffy Lube and assumed that they should pave the extra 10 feet and yet the day....It was paved
July 5, I closed the shop down, I wanted enough time for the parking lot to cure and everything,
so we left and by the time I had checked with them they had started to pave the very back lot and
already had gone past there limits there, so I mean if this does become an issue where we have to
set it back, again, my biggest concern is the turning radius and being able to use the building the
correct way. I apologize that it had gone down that way and it was only a week and a half ago
and yes, you are absolutely correct. We did not expand the parking lot from it’s existing stone
limits by any means but yes, it was paved to it’s existing limits.
Well, I read all the minutes from last April and there was a lot of discussion about
setbacks. You had a lot of concerns; Corrine had a lot of concerns and obviously Chris and Mike
were not here at that meeting. The buffer is not to protect commercial property it is to protect the
residential property so we take that really seriously and we did make some concessions for you
to locate your business there and the neighbors actually made concessions as well because it is
no where near a 100 feet because you couldn’t do a 100-foot buffer there. It is an existing
Situation, but we tried to maximize their buffer and you laterally decided to take it away, which
isn’t fair to the neighbors, So, ] am not comfortable with this at all. | don’t know how the rest of
you feel but ...
I have a question so, so 36 feet is to the back of the parking lot based on CE1.0 it
is indicating parking spots and they look Itke extra deep parking spots, maybe I’m wrong but
they look like extra deep parking spots, and it is indicating 9 of them. The turning radius ] am
assuming is inside those parking spots.
Correct, cars were all parked there and lets say we had a boat or something that
needed to go in there, we would be moving 8 or 9 cars just to be able to get a truck backed up to
the trailer lets say and then doing a nice U turn to get oul of there.
My question really goes, if you didn’t have those parking spots you could get 49
feet because the parking space is usually about 20 feet so thal would give you up to about 55
feet. Grant it, you would loose 9 parking spots and you would have to figure out where they
would end up parking etc. Bul and just go back to what you were saying, the buffer is there for
the residential district. Itis a bummer that the pavement contractor paved the area that they were
nol supposed to pave, that is definitely a bummer, but | agree. Hf] was living back, there, and not
30 feet away
If you were off by half a foot or something like that, that could be considered an
error but not 8,9, or !0 fect.
| agree.
Is that dumpster enclosure there now?
No, it wasn’t.
Pg. 217 July 18, 2023 Zoning Mecting
Is that proposed?
Yes, that was with he original plans though and if we go back to what we had
submitted last year, that dumpster enclosure was there.
Right, but I am assuming that with the revision of the plans they had the Zoning
Board update on it INAUDIBLE
It was slightly moved back.
We received a couple of letters from neighbors . Do you have that handy Josh?
Yes, would you like me to read that into the record? (PLEASE SEE ATTACHED
LETTERS THAT WERE READ OUTLOUD)
Is there anyone in the audience who like to like speak for or against this
application? Seeing there isn’t we will return it back to the board. J think I already expressed my
feelings. I don’t know, I would probably like to hear from the other board members.
We discussed this for an hour or more at the meeting. Originally, we were
concerned with the setback, the fence, concern with the location of the dumpster, with respect to
the buffer and the fence. I had a dumpster located outside my bedroom window for a couple of
years and it is a miserable experience at 5 am when they empty them, so [am a little sensitive to
that. We also would condition it that there would be no car sales at this location, and I guess we
weren't specific with no car rentals or rentals at this location, but I also see that you are a
licensed renter for Penske trucks.
And we have been at the old location for 5 years, so ] agree with you.
But your not allowed use, we have bent the rules or changed the rules in order to
allow it and on first pass, I did try and go and find the lot line to sec where the fence would be
and I didn’t not find any stakes for the lot line but where il appeared to be the lot line, you have
to decimate all of the trees along that back in order to put that fence up which is going to make
the situation worst for the residential neighbors behind you and i looks like it was and maybe it
was entirely accidental but like you just deliberately ignored every restriction and every
condition that this board gave you and did what you asked for anyway and then, I am so sorry
but let me do it now. The pavement is 39 feet or 36 fect, it should be at 49 feet so you missed it
by 13 feet, or your paver did and | understand there was an original! stone lot there for a kitchen
business which was a very un-inlense use compared to what you are doing as far as the number
of vehicles going back there and then the fence is not there so for all the time that your business
has been open the neighbors behind you have had to deal with it so I don’t generally get angry
but this makes me angry. I just feel like you just thumped your nose at everything the board
tried to do to help you.
Pg. 218 July 18, 2023 Zoning Mecting
Don & Margaret Mooney, neighbor at 1178 Jackson Heights Drive for 35 years.
In 1989, after the construction of our house was complete, built by Gary
Lazzaro in 1988, we split the cost and effort with Gary to plant all of the trees,
bushes and landscape screening on our North property line and Gary Lazzaro’s
South property line, formerly Kitchen and Bath Expressions. This screening was
put in place because Gary understood that there was a District Buffer between his
MC zoned property and our R-3 zoned property, which is defined as a District
Buffer Area and by code must be 100’.
On April 18" 2022, the Zoning Board of Appeals approved a Use Variance
with the conditions that there be no car sales and limit the number of cars to be
stored on the South end of the property to 11, which we did not argue with. Also,
an Area Variance with conditions that the buffer area to the South be enhanced, a
distance of 49’ to the pavement and 41’ to the fence (where 100’ is required).
That is a 59% decrease in required buffer area between districts, which we
accepted and did not argue with. Now, he is asking to change his plans again and
ask for a 0’ setback on the fence between our house in a residential
neighborhood, that we built 35 years ago, and his auto business in a Medium
Intensity Commercial District, which is typically not an approved use to begin
with.
Per Town Code Section 350-79 (F) In NO case shall a fence be located ina
buffer area nor in any Town easements without prior Town Board Approval and
filing of a licensing agreement. He isn’t just asking to put a fence within the buffer
area, he is asking to put a fence on the property line on the opposite side of the
buffer area where it would normally be permitted. There is no possible way to put
a solid fence on that property line without removing and destroying the existing
screening that has been there for the last 34 years.
He had previously been granted multiple variances in his favor for this
project, he is now asking for more for his benefit, not for the neighboring
residential properties. The property in question is also a hub for Penske Truck
Rentals, which is not a permitted use nor has it been approved. The parking lot
modification that is part of his request being presented tonight has already been
completed without approval from this board.
| am asking that the 0’ setback for the fence not be granted, the fence to be
located to the North of the existing screening in the open area and the additional
approved landscape screening be installed per plan to cut down on the noise from
the business and glare from the lights at night. Thank you for your time.
§ 350-3 Definitions.
A strip of land where no building or structure may be located and
which is covered with grass, vegetation, trees, embankments, berms or other
landscape elements. Ingress, egress and sidewalks may be permitted. Where the
property abuts a right-of-way, the buffer area shall be measured from the right-of-
way.
§ 350-79 Fences. [1]
F. In no case shall a fence be located in a buffer area nor in any Town easements
without prior Town Board Approval and filing of a licensing agreement.
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Gary & Marlene Lazaro fete
1177 Ridge Road <ECEIVED
Webster NY 14580
lowe? of tangy
7-14-23 fu'd-g Oasar 4
lo Members of the Webster Zoning Board of Appeal:
Request from Limelight Automotive at 1175 Ridge Road, Webster, for the construction of a &
high: fence
We, Gary and Marlene Lazzaro, with our residence located at 1177 Ridge Road, share a common lot tine
with Limelight on our West barder which is Limelight’s East border.
Regarding our West border line, we would want to be assured that the proposed fence does not
encroach onto our property
Our concern, also, involves the location of the proposed fence between Limelight Aulomotive’s South
border and neighbors to the south, Don & Maggie Mooney residing at 1178 Jackson Heights
The placement of the 6° high white vinyl fence is proposed to be or the fot line, which now has
numerous established trees,
the proposed fence could be North of Mooney’s lot line enough so it would allow the trees to remain in
the Mooney’s yard
Sincerely,
Gary and Marlene Lazzaro
117? Ridge Roac
Webster NY 14580
(Pf
roy COM
i
pase “Pp }-~2
~
That was not my intension. I assure you but Iam not...I completely understand
what that looks like and what is going on. I have no problem putting this fence anywhere that
doesn’t allow an issue with snow removal or anything like that. My thought on the property line
was it would be easier if we were putting all these trees up and everything for us to be
maintaining around them. If there is an area of 20-30 feet between a fence and their property and
all the arborvitaes and trees we put up would have seemed like that would be almost... just
looking at it, something that they be taken care of or have a landscaper go back there and take
care of it. The proposition of the fence and the property line was there, and I thought to help with
the neighbors, and | should have talked to them over the last month but... T understand right on
the property line there are some trees and I struggled to see where the property line was too but
too much in front of that we run into a hill and some dead trees that will actually need to be taken
down before they fall on something as well. I have no problem moving the fence a little bit. 1
don’t...in no way was my intention Lo upset the neighbors, truly, it’s not. I did not mean to
come here and ask for approvals and have it seem like that. I talked to Josh a couple of weeks
ago or I’m sorry, almost a month ago now to discuss a lot of these things.
Did ...now, | am obviously not on the Planning Board. Did the Planning Board
have you plant more trees?
Much more trees. It is all on this plan. Arborvitaes, apples, pear trees,
Does that complete it?
That is because we want to know where the fence is going. This is the last part of
the project. It is putting up the screening and putting up the fence.
Because | saw the folks that live behind you send some photographs. At night
you have floodlights at the peek at the building, at the top of the building, through the trees,
lighting up their back yard. Unacceptable.
Ok.
Don, you were involved in that.
Corrine was very polite. My filter is down, Pm pissed. I want the site built the
way it was iniuially planned and approved by this board before I would consider anything any as
far as any new approvals. That is my position.
We could formerly deny but | don’t....you are not going to gct a vote from this
board. You have to take....you are commercial against residential properly; you have to take
that relationship very scriously. Right down the road from you another developer developed
where the McDonalds is they built a berm like 30 feet tall and planted trees all over it so that
people wouldn't have to sec the commercials property. All we asked you to do was adhere to a
setback and put back the fenee back so far. Phat is pretty minimal, So, | don’t know if we make a
Pg. 219 July 18, 2023 Zoning Meeting
motion to deny the variance or just, | mean, no motion at all is a denial but what do you think
John?
Well, [understand that perhaps there is a turning radius issue and we had limited
the parking, | think at the request of the Planning Board we had requested that the parking be
behind the building instead of the front of the building and frankly given that it is a commercial
stretch of Ridge Road that there are cars parked up and down it anyways, if 1 would be more
prone to be agreeable to parking on the side and front of the building so that you could use the
back for your turning radius but the edge of the pavement and the fence are where they are
suppose to be. I understand some trucks don’t turn as well as others, but there is plenty of space
on this parcel where you could put the other vehicles. I don’t think the space between the
building and the parking lot would limit your traffic to behind it.
Are you suggesting like eliminating the parking spots back there?
If that gives you enough turning radius. I can’t imagine you are going to have a
big dump truck from AP or whoever there every day, maybe plan accordingly. Put a couple of
cones there, ok, don’t park here today because I have a big truck coming in.
| think it is this boards...
It’s do-able
Yes, it could be worked and not have any negative impact on the residential
neighborhood behind you.
So, if the situation is that it is out of compliance and it seems to be the
judgement....do we have if there is denial that you have to wait {2 months?
Yes.
So maybe what should be extended here is withdrawal the application, remediate
the problem so that it is consistent with what was originally requested and then if there is a
variance or modifications that come subsequent to getting into compliance, you won't be
prejudice by tonight’s application and then you can come before the board with clean hands sort
of speak and start the process over again.
I appreciate that.
No promises.
I understand.
Pg. 220 July 18, 2023 Zoning Meeting
It gives you an opportunity to come back under... INAUDIBLE (Steve Smith
speaking over)
I certainly didn’t want to come down here and didn’t expect but didn’t...1 was
hoping that this wasn’t how it was looked at. I have been trying very hard and this was my first
endeavor like this, so I apologize to everyone of the board members. If it is denied and 12
months, it is going to cause a big situation. | would love to talk to both Gary and the Mooney’s
and come up with a better situation if this is INAUDIBLE. My questions for the board would be,
it seems like there concerns were more about the fence and screening, and | completely
understand your guys need for upholding a border between a commercial and residential. Is it
worth me discussing any kind of slightly larger parking lot where if we were to go to the original
approved variances, it is going to cause us some turning issues. I completely understand where
you guys are coming from and I don’t want to deny it, ] am just curious if we did work with the
neighbors and the engineer, is there anything between the 36.5 that we are asking for tonight and
the 49 that was approved on...last year. That would potentially be acceptable even if am I just
ditching the entire idea of asking for more parking and I guess just dealing with it.
Let me say this first of all, the board should not really be giving out advisory
opinions. The thing to do, should the board chose to be really gratuitous and understanding that
the board is not going to be bound going forward by any opinions it might render tonight, is that
agreeable?
Yes, ] completely understand.
We are inclined to stick with the original varrances as they were....right now that
runs with the properly. Hopefully you make your plan work within those variances. Go back to
the drawing board.
Ok.
The other thing that disappoints me is that your business has been open for almost
a year and you haven't donc the planting that the Planning Board told you to do, and that is
affecting the neighbors because the lights come into their yard. Literally, the lights are shining
right on their house. So, that should all be done as quickly as possible.
I have every intent on doing that. I need to know exactly where the fence needs to
be replaced so I can know where those plantings go and I am not making any other excuses and |}
apologize for that not happening immediately per plan it seemed like the order of events was to
put the building up, figure out the parking lot and pave it and then put the fence and the
screcning up. In that order. We started this project in the winter, so 1 am not sure if it is
possible.
Pg. 221 July 18, 2023 Zoning Meeting
So, if ] am hearing John correctly, and correct me if 1 am wrong, any changes you
make have to be a formal application to this board and we discuss it and ask for public comment
and we move it on. We don’t give advice.
] understand.
Yes, you are not relying on anything that...... this exchange that just occurred.
And J] completely understand. I am sorry for asking for advice when it comes to
that. Again, ] am still new to this, this last year and half. It has been a little overwhelming at
times. Again, I apologize if it is being looked at as me doing whatever I wanted. Is it in now way
what I want. I am trying to do the best for everything including my business and the neighbors.
We will go back to the drawing board and figure out what is going to be the best solution for
that, but | am hearing everything you are saying loud and clear.
Are you Mr. Smith?
Yes
Are you withdrawing your application at this time?
| am, yes.
Alright, you are all set for tonight.
Since there is no further application before the Board Barry Barone adjourned tonight’s meeting
at 9:45 p.m.
No Minutes were approved.
Can nce QQ 28
Corrine Volo, Secretary
Katherine Kolich, Recording Secretary
S SLO LEM. Maud
Pg. 222 July 18, 2023 Zoning Mecting