Zoning Board Meeting
Zoning Minutes 2023.06.13

Minutes

June 13, 2023 · 64 min read · extracted text · View original

WEBSTER ZONING BOARD OF APPEALS MINUTES

PLACE

Webster Town Board Meeting Building 1002 Ridge Road

DATE

13 June 2023

TIME

7:00 pm

PRESENT

ABSENT:

Jamie Newtown, Chairman Griff Stappenbeck

Barry Barone, Vice Chairman

Corrine Volo, Secretary

Donald Hauza

Michael Short

John DeMarco, Attorney

Josh Artuso, Director of Community Development

Katherine Kolich, Recording Secretary

Jamie Newtown

Good evening. Welcome to the Zoning Board Appeals meeting for June 13,

2023. We have six scheduled matters on the agenda tonight.

Call Roll

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

are going (o change the order up slightly this evening. The last item on the agenda Fairlife

Project located east of Tebor Road, we are going to have that application go first. ] am asking

that this applicant keep to 10-15 minutes; provide a 50,000-foot overview of the project only and

the board is not going to ask {oo many questions this evening, but we are going to digest what is

provided to us this evening. Due to the SEQR process, the applicant...we can not act on the

variance until likely the end of August, correct. I believe the town is going to take the lead

agency roll, is that correct, Town Board?

John DeMarco

That is correct.

Janie Newtown

So, therefore this evening, we are just going to hear an overview of the project .

If there are participants in the audience that are hear to Jearn about the project, we are not going

10 open it up to public comment this evening, but we highly encourage you, based on what you

hear and see this evening to submit comments through the Town of Webster porthole.

Josh Artuso

It can be found on the community development home page.

Jamie Newtown

Town of Webster community development home page and you can submit

questions or comments on the application. Is the applicant ready to step up? First, let me step

back, please stand for the Pledge of Allegiance. Since we are not going to act on this, this

evening, I don’t believe we need to read it into the record, but I guess we could.

Pg. 152 June (3, 2023 Zoning Meeting

Summary of Application Outcomes

SCHEDULED MATTERS

:

FAIRLIFE PROJECT/DAIRY PROCESSING

Applicant

Fairlife Project

Status

APPLICATION TABLED TO A FUTURE MEETING PENDING RESULTS OF

SEQR PROCESS

703 HILLSPRING TER/ACCESSORY STRUCTURE

Applicant

John Cushman

Status

APPROVED AS PRESENTED.

862 SALT ROAD/FENCE

Applicant

Mike Sofia

Status

APPROVED AS PRESENTED

1152 WOODBRIDGE LANE/GARAGE ADDITION

Applicant

Andrew Randisi

Status

APPROVED AS PRESENTED; APPLICANT TO BRING EXISTING SHED INTO

COMPLIANCE OR APPLY FOR VARIANCE

665 FOREST LAWN DRIVE/FRONT PORCH

Applicant

Mark McElroy

Status

TABLED TO JULY 18 MEETING

1242 LAKE ROAD/CARRIAGE GARAGE ADDITION

Applicant

Matt Lester

Status

APPROVED; SHALL BE CONSIDERED AN ACCESSORY APARTMENT AND

REQUIRE AN ACCESSORY APARTMENT AGREEMENT; PROCEED TO

PLANNING BOARD FOR SITE PLAN REVIEW PROCESS

(Corrine Volo read the first: application)

FAIRLIFE PROJECT

Located cast of Tebor Road. Applicant Fairlife, Inc. is requesting

AREA VARIANCES to allow

An 8’ tall decorative fence within a buffer area, which is not

permitted. A building height of 120’ for silos and a portion of the building, where a maximum

of 50’ is permitted associated with the construction of an approximately 745,000 SF dairy

processing facility on a combination of portions of 5 lots totaling approximately 106-acres

having SBL#s 066.03-1-28.111, 066.03-1-28.113, 066.03-1-18.11, 066.03-1-20.1 and 066.03

1-27.214 located in an IN Industrial District under Section 269-5 and 350-22 of the Code of

the Town of Webster.

Pg. 153 June 13, 2023 Zoning Meeting

Appearing before the board was the lead Engineer for Fairlife ( NEVER STATED HIS NAME

NOR DID HE SIGN IN) and for this project so, it would be my responsibility going forward to

oversee it and lead. As ] mentioned, Joshua Hoff is the lead Civil Engineer for our general

contractor Haskell, and he will take the opportunity here to walk us through the actual variances.

Fairlife is obviously extremely excited to start this planning process and become part of the

Town of Webster. We realize there is a long way to go as we go through the diligence, but we

all are extremely excited by the production facility and putting our grass roots down here in

Webster. Fairlife started out in 2012, ultrafiltered milk; core power is a protein shake and a

nutrition plan which ts like a meal replacement. In 2020 we were acquired by Coke-Cola

Company, and it is our intent to bring somewhere in the region to bring 250 jobs locally to the

area. Our investment is in a region of 650 million dollars for this project. Obviously as I

mentioned, pending diligence and approvals. As mentioned, 745,000 SF is our intent to process

in the region of 5 million pounds of milk a day, all of which will be sourced from upstate New

York.

We recently met with our neighbors and the Webster Community with the sole intention of

explaining what our intent here is and give an overview of the project but more importantly, to

listen. To listen to what our neighbors have to say; to provide feedback and some of the feedback

we have already introduced into our plans. So, 1] look forward to presenting our site plan and

listening to any recommendation and answer any questions. With that J will introduce Josh and

he can walk you through the variances. Thank you!

Joshua Hoff

1 am the lead Engineer with Haskell, and ] am going to walk you through the site

plan first. (SHOWING PLANS UP ON THE SCREEN) So, as he already said, it’s about

745,000 SF and we are going to have two entrances, an auto entrance on the north side and then

a truck entrance on the south side. In the truck entrance area, we do have storage at for all the

milk trucks that are coming in and so we have queuing of about 156 trucks before they go

through the guard house. We have a small guard house down here; all the milk trucks will come

through and go through our scale right here and then up to the milk receiving. Now, the milk

receiving is inside the building. So, the trucks will pull in and unload and they will do a forward

motion all the way through. So, we have been able to keep a forward motion for all the milk

trucks as the access the facility. Our finished goods products, our trucks, will come through to

the guard house and they will come here to the northside and then they will exit back out and

they do have to do reverse because they are working with docks. We tried to minimize as much

reverse movement as possible. On the cast side and also on the north side, if you notice we have

this green shade, this is a berm, and we are doing that to provide some screening for visual sound

and light and then we have out fence Jocated on top of the berm on this section here. If you want

to flip to the variance and 1 will walk through that, it leads right into it.

So, there are two variances that we are requesting. The very first one is in reference to the fence.

So, on the east side of the facility, we are adjacent to large lot residential so it is required that we

have a !00-foot buffer or buffer yard and the code states that you can not have a fence within

that buffer yard but what we are requesting though is that the fence be located on top of the berm

Pg. 154 June 13, 2023 Zoning Meeting

so that we can get the maximum affect of screening for light, the sound and for visual . The

second variance we are requesting is for building height and that is going to be for this section of

the building here and this is our automatic retrieval system and also for the silos down here the

mild receiving. So, those are the two variances thal we are requesting. Any questions?

Jamie Newtown

Maybe you can explain the necessity of the height of the buildings.

Lead Engineer for Fatrlife ( NEVER STATED HIS NAME NOR DID HE SIGN IN): Let me

start with the milk silos INAUDIBLE it is several reasons, but we wish to keep the milk silos as

close to the milk receiving as possible, as close to the building as possible, as close to the

building as possible. Lets say they are half the size of the tanks and double the amount of tanks

that | have which brings me further out to the perimeter of the property which we don’t wish to

do and it also makes our process extremely more complicated because the addition doubling the

amount of silos and on top of that from a footprint point of view, it would be a Jot more energy

use and a lot more water lost as we have to clean and chill those tanks constantly so that is on the

silo end of it. Then on the automatic warehouse, by going up it allows us to reduce our footprint

and without that the footprint would be quiet excessive and moving out towards the perimeter

and the edge of the property. So, the height allows us to, one, ultimate the warehouse and

secondly become a lot more efficient process within it with a lot of automation inside.

Jamie Newtown

So, you have looked al the various options in terms of building height

obviously as you just described that it is going to increase the footprint, INAUDIBLE footprint,

encroachment on buffers and or setbacks.

Lead Engineer for Fairlife ( NEVER STATED HIS NAME NOR DID HE SIGN JIN): I wouldn’t

say encroach on the buffers, but if gets very close to the buffers.

Donald Hauza

Do you have a facility similar to the site closest within the area?

Lead Engineer for Fairlife ¢ NEVER STATED HIS NAME NOR DID HE SIGN IN): Not in the

area. Fairlife has two facilities. We have one in Coopersville in Michigan, Grand Rapids and

then we have another one in Goodyear, Arizona. Goodyear is our newest facility built in 2019

and itis a smaller facility, but it does have silos and it does not have the aulomatic warchousc

that is something that is new for us in this particular project.

Donald Hauza

Thank you.

Jamie Newtown

Could you just touch on your next step, obviously there is a planning process.

You have had one initial meeting you said with the residents, for the record, could you indicate

which residents you met with.

Lead Engineer for Fairlife (NEVER STATED HIS NAME NOR DID HE SIGN IN): Yes, so we

had two meetings, and the first mecting was with our neighbors around the perimeter of the

property, mainly to the east as you look al the page INAUDIBLE also to the northeast as well.

Pg. 155 June 13, 2023 Zoning Mecting

So, we had a one on one with a smailer community and then that evening we opened it up to a

public forum in the high school and anyone from the Town of Webster was welcome to come

and get an overview of the project.

Jamie Newtown

And I think you may have mentioned that you incorporated some of the initial

feedback into the plan. Did I hear that correctly?

Lead Engineer for Fairlife ( NEVER STATED HIS NAME NOR DID HE SIGN IN): You did

indeed. We have extended some of the berm because there was industrial down here . There

was a resident down there, so we felt it was the right thing to do to extend that berm and fencing.

Jamie Newtown

Once again, the intent this evening was really to hear this at the Zoning Board

for the first time and have you outline at the 50,000-foot level which I believe you have done

And provided some additional detail. Once again, there is not going to be a public comment

portion of the meeting with respect to this application this evening. That will be during the next

Zoning Board ...

Josh Artuso

Not necessarily.

Jamie Newtown

No, August is the potential target?

Josh Artuso

Correct.

Jamie Newtown

End of August. There could be a special meeting.

Josh Artuso” That 1s correct. Once SEQR has played itself out.

John DeMarco

Are there members in the audience tonight thal are here specifically for this

project? Ok, it doesn’t prevent you, once the applicants are in the hallway and if they are

available and have time, to discuss any concerns that you have. You don’t have to give up the

opportunities. We, officially as a board, are going to open it up to the public in a future meeting.

Lead Engineer for Fairlife ( NEVER STATED HIS NAME NOR DID HE SIGN IN): No,

absolutcly, we did that at the last plan review when we got to speak to some neighbors outside

and we are always willing to do that of course.

Jamie Newtown

Ok. Once again, we anticipate hearing the application after the SEQR process

and likely at the end of August. Alright, thank you. Ok, lets move to the first item on the

agenda.

(Corrine Volo read the second application)

703 HILLSPRING TERRACE POOL SHED: Located at 703 Hillspring Terrace. Applicant

John Cushman is requesting an AREA VARIANCE (o allow a 5’ side setback where 15” is

required and a 29° rear setback where 50’ is required associated with the construction of a 350

Pg. [56 June 13, 2023 Zoning Meeting

SF pool shed on a 0.27-acre parcel having SBL# 079.05-3-88 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 John Cushman and I five at 703 Hillspring Terrace. | am here for

an area variance and looking for 5-foot west side setback and a 29-foot rear setback to

accommodate the construction of a 10 x 32 pool house shed structure.

Jamie Newtown

Ok, questions, comments?

Barry Barone

I visited the property the other day and it is surrounded by fence, and it is very

isolated. I mean the 5-foot setback has become acceptable for sheds since they changed the code

and frankly, I don’t think any of the neighbors could even sec it. He has a 5 foot on his lot, and a

6-foot fence to the rear. Now, did you have any letter of approval or acceptance from any of the

neighbors?

John Cushman

Yes sir. All the adjoining neighbors have given letters of support and including the

back neighbor with the 6 foot and then both neighbors on both sides.

Barry Barone

Ok, so all the adjacent neighbors are in favor of your project?

John Cushman

Yes sir.

Barry Barone

It is a small lot. It is a cluster development. This lot is only 150 foot deep. It would

be difficult lo meet the setback requirements with a shed and pavilion in any respect. It is also a

narrow lot so. The structure size 1s not excessive. I1’s a tight lot.

Jamie Newtown

What is the distance off the pool?

John Cushman

To the structure?

Jamie Newtown

Yes

John Cushman

Estimated approximately [1 fect,

Jamie Newtown

The point of that was that you don’t have a lot of room to move closer towards

the pool perse.

John Cushman

It’s a ight lot. We had two Jandscapers companies come out and both of them

independently came up with very similar designs and that is where we are today.

Corrine Volo

Now, is there a reason that you could not turn the pool 90* which would skinny

everything up.

John Cushman

Yes, in addition to the easement in the back that had a swale that is not an

Pg. 157 June 13, 2023 Zoning Mecting

casement, and the pool company will not turn the pool 90* to get into that.

Barry Barone

I actually went into the back yard and checked it out and it is the case in a jot of

subdivisions in Webster. The drainage swale is not in the drainage easement. It is almost in the

middle of the back yard. They can’t be filled so the drainage swell is just behind where he proposes

the shed not in the drainage easement. If he fills that, it’s going to block off the drainage. So, there

is a practical reason for it.

Jamie Newtown

This application is open to anyone wishing to speak for or against this

application. Secing none, we will return the discussion back to the board.

RESOLUTION 23-037 Jamie Newtown made a motion for TYPE IT SEQR which

was seconded by: Donald Hauza.

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Short AYE

Jamie Newtown

Any further questions or comments?

Barry Barone

We see this a lot with Webster developments, they are very narrow lots and very

shallow lots. There is a tradeoff, the town gives green space to allow these smaller lots so

unfortunately people...they are not asking for too much if they want a pool, shed or these

amenities and as | said before, he is going to move his 5 foot fence, out to the lot line, which is

permissible now and he is maintaining 5 feet from the lot line which is the new shed regulation,

not accessory structure but it is a shed regulation. So, [ really don’t see where clse you could put

the structures in that yard so, I think we actually gave approval right next door to him with some

sort of pavilion or pergola and again, it’s a small lot. So, folks are trying to make do with what

they have for space. | don’t see any negalives to the environment or neighbors. As he said, all

three neighbors adjoining his property have expressed their approval and we have nobody

speaking against the application so ] really don’t see anything else that the gentleman could do to

accomplish what he needs to accomplish. He is taking his deck off to get the pool closer to the

house, he is removing the deck.

Corrine Volo

If the pavilion were not part of the application, the shed by itself would be allowed

to be 5 feet from the side setback so he would not even need a variance so the enclosed portion

of it fits the definition of a shed but because there is an extra pavilion added to it that is the

reason il needs to be here. Do you have any intention for ever enclosing the pavilion portion of

iv?

Jonn Cushman

No

Pg. 158 June 13, 2023 Zoning Meeting

;

Jamie Newtown

Any one care to, I think we have a few findings that were touched on by Mr.

Barone. Anything else in terms of findings?

RESGLUTION 23-038 Barry Barone made a motion to APPROVE THE USE

VARIANCE Located at 703 Hillspring Terrace. Applicant

John Cushman is requesting an AREA VARIANCE to

allow a 5’ side setback where 15’ is requtred and a 29’ rear

setback where 50’ is required associated with the

construction of a 350 SF pool shed on a 0.27-acre parcel

having SBL# 079.05-3-88 located in an R-3 Single Family

Residential District under Section 350-12 of the Code of

the Town of Webster which was seconded by: Corrine

Volo

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza 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 June 13, 2024,

John Cushman

] would like to give a shout out to Josh and the planning group and to the whole

zoning office, a great deal of help from them. I think you do a great job, so thank you.

(Corrine Volo read the third application)

862 SALT ROAD FENCE : Located at 862 Salt Road. Applicant Mike Sofia is requesting an

AREA VARIANCE to allow a privacy fence in the front yard, which is not permitted,

associated with the installation of approximately 185 linear feet of a 5’ tall fence on a 0.65-acre

comer parcel having SBL# 081.01-1-2 located in an LC-II Class 2 Low Intensity Commercial

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

Appearing before the board was Mike Sofia. My wife is here with my tonight because my

hearing is not so good. We are looking to get a variance for a permit for our fence. It is going to

go in the back of the yard for privacy and we have a pel to so we want to make sure that we can

cover everything. So, the fence is going lo go from the existing fence of the neighbor down in

back of the yard and back down to the house.

Jamie Newtown

So, it’s along Ridge Road so the issue is that you have two front yards on Ridge

Road and Salt Road. I think [saw you out in the rain. Was your son helping you out with a little

backhoe and cleaning some stumps up the other day?

Pg. 159 June 13, 2023 Zoning Meeting

Mrs. Sofia

No, that was our neighbor doing that.

Mike Sofia

It’s 5 feet high.

Barry Barone

Well, if you were there you saw what I saw. Ridge Road is 10 feet higher.

Jamie Newtown

I am trying to think, the neighbor across the street has a fence...remember the

dog kennel stuff? That would be the front yard to that is on Salt.

Michael Short

Well, it’s interesting, the properly is an LC-2, We were just conversing that if

you read the code, there are different ways of reading it, but it talks about a residential lot vs

residential uses but LC-2 use, the fence code doesn’t really apply to a LC-2. So, if it is a kennel,

it is more commercial.

Jamie Newtown

I want to say we granted a variance for the kennel itself and the fence,

remember that?

Corrine Volo

Well, I think most of the fences behind her house...

Jamie Newtown

That is also on the Salt Roadside.

Corrine Volo

Yes, between the house and...

Jamie Newtown

Anyway, I didn’t mean to sidetrack us but there is something similar in the

area.

Corrine Volo

Bul does it need a variance because it is LC-2?7 ] thought fences were just

residential or just to cover our bases.

Donald Hauza

lt is a residential Jot.

Corrine Volo

But we have donc this on...further down Salt Road and on Phillips with the two

front yards.

Jamie Newtown

I don’t think it is out of character with he neighborhood. It is farms and a few

commercial businesses down that stretch plus the...

Michael Short

What type of fence are you putting in? I didn’t see it in the application and if 1

missed it, apologize. Are we talking chain-link or we talking wood?

Donald Hauza

How big is your dog?

Mrs. Sofia

(not using the mic, hard to hear) IVs a yorkie and she heads right for the road cvery

lime and the neighbor behind us had a couple dogs that got hit.

Pg. 160 June 13, 2023 Zoning Meeting

Donald Hauza

So, this is more for privacy than anything?

Mrs. Sofia

Yes, and for the dog.

Mike Sofia

We are trying to get the fence and making sure it is good for distance and everything

and | measured il off at 22 feet from the end of the road to the beginning of the fence and the

next door neighbor put his fence up to and we have permission, documents from him saying it is

ok to butt our fence up to his because his past approval, so not to go past that and make sure we

are in line with that just to butt up against his fence.

Donald Hauza

That is very nice and courteous.

Jamie Newtown

Help me understand what ! will call, and I don’t know my shapes but the shape

of home plate kind of. Why did they cut that angle off there by New York State. I can’t read

what il says.

Donald Hauza

To ensure sight distance

Jamie Newtown

Oh DOT, Ok.

Donald Hauza

That was my biggest concern especially with the 5 feet. The property does sit

low so that should not be an issue.

Jamic Newtown

So that is DOT owned property then. It is a right of way.

Donald Hauza

It is a right of way and there is a light at the end of the intersection.

Jamie Newtown

It has to only be on that corner because on the north corner or the south corner,

the house is right on the corner. Alright, this mecting is open to anyone wishing to speak for or

against this application. Any further comments or questions. | guess I have just one question, it

appears that it is 75 feet from the corner of the southeast corner of the house, 75 feet towards

Ridge Road, is that accurate?

Barry Barone

ls 73

Jamie Newtown

| need glasses (LAUGHTER) It looks like 75 but is

73. Did you consider any

other distances or get it further away from Ridge Road? Were you trying to maximize the space?

What was the deciding factor on 73 feet?

Mike Sofia

To meet code.

Mrs. Sofia

(not using the mic, hard to hear) You mean how we decided on that? We took all the

trees down and we wanted to line it with that neighbors fence, so we didn’t want to lose all the

yard.

Pg. 161 June 13, 2023 Zoning Meeting

Jamie Newtown

You are trying to maximize the yard in the back, Comments, questions,

concerns? There is one letter here from Ken Valens.

Mike Sofia

That is the next-door neighbor.

Jamie Newtown

Reads letter out loud: We are the next-door neighbor of Sofia’s who live at

862 Salt Road in Webster. We are in favor of them installing a fence up to our property line.

Anybody?

Barry Barone

Yes, actually as I said before, when you are on Ridge Road you are going to look

right over that fence because there is such an INAUDIBLE, so I don’t think what they are asking

for is unreasonable. Containing the dog ts a big deal. There is a lot of traffic in that area, So, I

will make a motion.

RESOLUTION 23-039 Jamie Newtown made a motion for TYPE IT SEQR which

was seconded by: Barry Barone.

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Short AYE

RESOLUTION 23-040 Barry Barone made a motion to APPROVE THE AREA

VARIANCE Located at 862 Salt Road. Applicant Mike

Sofia is requesting an AREA VARIANCE to allow a

privacy fence in the front yard, which is not permitted,

associated with the installation of approximately 185 linear

feet of a 5’ tall fence on a 0.65-acre corner parcel having

SBL# 081,01-1-2 located in an LC-I] Class 2 Low Intensity

Commercial District under Section 350-79 of the Code of

the Town of Webster referencing map as part of the

configuration, survey map 862 Salt Road 2021-4822 which

was seconded by: Jamie Newtown.

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Voto AYE

Mr. Hauza 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 June 13, 2024.

Pg. 162 June 13, 2023 Zoning Mecting

(Corrine Volo read the fourth application)

1152 WOODBRIDGE LANE GARAGE ADDITION: Located at 1152 Woodbridge Lane.

Applicant Andrew Randisi is requesting an AREA VARIANCE to allow a4’ side setback,

where 10’ is required associated with the construction of a 280 SF attached garage addition on a

0.29-acre parcel having SBL# 065.13-1-24 located in an R-3 Single Family Residential District

under Section 350-12 of the Code of the Town of Webster.

Jamie Newtown

Just before you get started, obviously there is only 4 board members now since

he has recused himself so you will still require 3 yes votes.

Appearing before the board was Andrew Randisi and | am the homeowner of 1152 Woodbridge

Lane. | am seeking a variance to add a third garage bay to my house.

Jamie Newtown

It appears that it is 14 foot by 20?

Andrew Randisi

Correct.

Jamie Newtown

Your existing is 20 foot wide approximately, 20.7 feet ? It is a smaller two car

garage.

Andrew Randisi

Correct.

Jamie Newtown

By todays standards. That corner will be at 4 feet and the front corner will

meet the setback. Is that an accurate statement?

Andrew Randisi

Yes. It is a pic shaped lot and as a result, the back corner of it hits the lot fine

far earlier than the front corner of it and there is a park easement that runs between my parcel

and the neighbor so even after the, if the variance is allowed, there will stili be more than 30 feet

between myself and my netghbor.

Jamie Newtown

I believe it goes roughly to 4 feet to 15 feet exactly, but it is hard to tell.

Michael Short

I just sealed it, and it looks closer to 12 foot, Do you know the exact dimension

that it will be at the front of the garage to the property line?

Andrew Randisi

Ido not.

Jamie Newtown

This probably isn’t all the accurate and obviously it is going to match the rest

of the house?

Andrew Randist

It is, and it will use the existing roof line. There is a small overhang in front of

the garage, and we can match that for the roof line.

Pg, 163 June 13, 2023 Zoning Meeting

Jamie Newtown

And then the driveway... No issues with the driveway is what I was going to

say.

Andrew Randisi

I do not need to remove any trees or reroute any type of land feature in order to

instal} it.

Jamie Newtown

Even if you went to 12 feet it really doesn’t change the application all that

much. 14-foot vs 12 foot or 6 vs 4 it doesn’t ......

Corrine Volo

It is still adequate separation between this and the neighbor to the west. It is not a

large addition by stretch of the imagination as far as an additional garage bay.

Jamie Newtown

It doesn’t really have any other options. It couldn’t go on the other side of the

house... ] was just looking; do we have a variance for 12.8?

Josh Artuso

For the front?

Jamie Newtown

For the rear portion of the house?

Josh Artuso

So, this was a 281 development, and the setback of this particular Jot is 10 feet, side

setbacks.

Donald Hauza

How about the shed. Does the shed have a variance?

Andrew Randisi

I don’t know, the shed was there when we purchased the property.

Josh Artuso

Yeah, 1 would have to Jook at our records to see if there was a variance granted for

that.

Jamie Newtown

Good point. If we can just look into that and either bring it into compliance at

5 foot or SEQR variance for it. This all started because I was going to say, even an accessory

structure in the backyard for additional storage or car parking is not really feasible so. It is an

odd size lot or shaped tot, sorry.

Corrine Volo

[t would still bring it in from of the garage so

Jamie Newtown

You have a two feet recess on the main garage it really doesn’t accomplish

anything.

Donald Hauza

The sketch provided, instrument survey, shows thal the new garage will be set

back maybe a foot and a half or 2 feet from the existing garage. Are you intending on doing that

or are you going to extend flush pretty much with the front extension of the garage.

Pg. 164 June 13, 2023 Zoning Meeting

Andrew Randisi

The builder recommended it for aesthetic reasons. | don’t think it made a

difference in the measurement and if it did, it would only be 6 inches.

Donald Hauza

Ok, I was just curious.

Andrew Randisi

I was going for aesthetic reasons.

Jamie Newtown

I agree with the decision. That is what I did with mine. (LAUGHTER) I set it

back 2 feet and it may be that Mr. Barone built it to. This meeting is open to anyone wishing to

speak for or against this application. Seeing no one we will turn the discussion back to the board.

RESOLUTION 23-041 Jamie Newtown made a motion for TYPE H SEQR

which was seconded by: Corrine Volo.

VOTE:

Mr. Newtown AYE

Mr. Barone RECUSE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Short AYE

FINDINGS OF FACTS

(Corrine Volo): The variance is not an undesirable change or out of

character with the neighborhood. There are other houses within that track that have a third bay

added. There is no other location for it so there is no other remedy. The garage addition really

needs to go to the garage side of the house and brining it forward would require a variance and

you couldn’t really make it any smaller and fit a car in there and you couldn’t put it on the east

side of the house because it would not fit. It is the minimum space that is required to give the

feature that the homeowner is looking for. It is a 14 x 20-foot garage addition which is not a huge

addition by any stretch. It does go up against parkland so there is still significant spacing between

this house with the addition and the neighbor to the west and it is really only the rear corner of the

addition that is going to require a variance and probably 2/3rds of it will be, at feast the front corner

will, will be, at or within the setback.

Jamic Newtown

I was thinking it was 15 feet, but it is 10 so or even if it is 12 or 15 it doesn’t

require at that point.

Corrine Volo

There really is no other place to put it.

RESOLUTION 23-042 Corrine Volo made a motion to APPROVE THE AREA

VARIANCE Located at 1152 Woodbridge Lane.

Applicant Andrew Randisi is requesting an AREA

VARIANCE to allow a 4 side setback, where 10° is

required associated with the construction of a 280 SF

attached garage addition on a 0.29-acre parcel having SBL#

065.13-1-24 located in an R-3 Single Family Residential

Pg. 165 June 13, 2023 Zoning Mecting

District under Section 350-12 of the Code of the Town of

Webster which was seconded by

Donald Hauza

VOTE:

Mr. Newtown AYE

Mr. Barone RECUSE

Mrs. Volo AYE

Mr. Hauza 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 June 13, 2024.

(Corrine Volo read the fifth application)

665 FOREST LAWN DRIVE FRONT PORCH ADDITION: 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 / 54’ 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 and ! live at 665 Forest Lawn from about a 100

yards from that picture, in those old houses there. I am looking for two variances because we are

on top of each other in the Forrest Lawn neighborhood as you are probably aware of, and Mr.

Barone did come to our home to look at this project.

So, | am Jooking for a side setback of 20 feet and we are actually 7 feet from one neighbor and 7

feet and 7 inches from another and by the way, I do have approvals from two neighbors in terms

of there approval on the project and then we are also looking for a variance of the front setback

and as you know itis 75 feet. ] don’t know if it was my handwriting, but I measured 68 feet and

I think 7 inches and the card that went to my neighbors, it was

54. Whatever and I am not in the

front setback anyway, so | need the variance. So, if you look at this, it says Forest Lawn.

Jamie Newtown

Can we just step back; 1 want to make sure that we understand this. So. The

advertisement is for 54 front setback, but you are saying it is 68.7

Mark McElroy

It might be a type o.

Jamie Newtown

| just want to make sure it is not in the reverse, right? You are requesting

something less than what’s’...do you get my point? If you were to say, I need a 40-foot setback,

but it’s advertised for 54 feet, we would want to readvertise it because it is in accurate so what

you are requesting is the opposite,

Corrine Volo

Bul the survey map says its 54 fect.

Pg. 166 June 13, 2023 Zoning Meeting

Mark McElroy

Then we will go by the survey map and not my measurements than. So, that is

fine.

Corrine Volo

The present house may be at 68 feet but with the addition its 54 and so that is what

we are doing the addition is going to be moved up to the front of the house.

Mark McElroy

Josh, can you go to the next slide. So, here is the side setback to Rob Kircher’s

home that name might sound familiar to you. You just approved a variance for his garage so we

are looking to put the front porch on where the roof is to the garage so we are looking to go 30

feet to the width of the house and coming out 12 feet and we are looking to take down...if you

could turn to the next slide, please. This is my neighbor on the west side John Davidson who

also signed off on the project where 7 feet 7 inches... I apologize, I reversed it. We are 7 feet on

his side and 7 feet 7 inches from Rob Kircher’s house. So, if you look, these bushes will be

coming out and the front porch will go from the left side of the house all the way to the end of

this side of the house which is approximately 30 feet, and the porch will come out 12 feet. Could

you hit the next slide please. This is the look from the variance, which would be the porch to my

neighbor Caro! Adams and her house is behind the trees, the old BB house which is right on

shoreline and right next to shipbuilders creek again, she signed off on the project to. Can you hit

the next slide please.

Michael Short

I am going to back to the setback really quick, I apologize. So, looking at the

plans provided, it looks like they are asking for a 42 foot or 42.17-foot setback from the property

line INAUDIBLE 51.17-foot setback is actually to the original or to the house property

INAUDIBLE to the property line, so back to what you were saying before ...

John DeMarco

So, it is greater than or less than?

Jamie Newtown

According to what he is saying. It would be greater than. INAUDIBLE

advertising. It wouldn’t be advertised properly.

Michael Short

We are asking for closer to the road than what was advertised.

Mark McElroy

I don’t understand.

Michael Short

There are two dimensions on here. One of the dimension 54.17 feet which

matches the advertisement is part of the original survey which was utilized in developing the

proposed depth. That is cut off and itis actually going to your house from the property line

itself. From the road to the front of your house that 54.17 feet. There is another dimension into

the left which is 42.17 feet which is going to the road to the proposed deck . That is the number

that should have been used, if Lam reading this correctly. I will turn to the board to make sure |

am reading this correctly, that should have becn used in the advertisement.

Pg. 167 June 13, 2023 Zoning Meeting

Josh Artuso

I think you are correct. [ was utilizing the larger number that I must have

misinterpreted the overall length, but | didn’t sce the smaller. Good catch. It does appear that

we have that issue.

Donald Hauza

He should be asking for 42.17-foot front setback, and you are advertised for

54.17.

Mark McElroy

So, what does that do to my project ,do we have to...

Donald Hauza

INAUDIBLE to 54.17 feet but it is not going to accomplish what you want to do

in order for us to grant you the variance, we would have to re-advertise your application to a

front setback of 42.17 feet.

Mark McElroy

Even though the three neighbors have been involved and signed off on it with

the variance.

Donald Hauza

That is correct. Under NY State Law, we would have to readvertise it.

Mark McElroy

Ok.

Jamie Newtown

Because you communicated to them that it was

54. Mark McElroy: So, | have to come back next month to re-do this or what is the process?

Jamie Newtown

We would table it to the next meeting.

Mark McElroy

Ok.

Everyone talking al once and paper rattling.

Corrine Volo

Do we have an original survey without the mark up on it?

Josh Artuso

I could check the town records, but this is what was provided

Corrine Volo

| didn’t see it on my application

Mark McElroy

It should be on page 2 of the architectural plans.

Corrine Volo

|] have the survey but with the proposed deck on it. I was looking for the survey

map that was the original.

Mark McElroy

I thought I put that with the application. (LOTS OF PAPER RATTLING)

Donald Hauza

We just have the large.

Pg. 168 June 13, 2023 Zoning Meeting

Corrine Volo

INAUDIBLE has the porch added to it. Which I think the confusion was because

it looks like that dimension is going to the porch.

Mark McElroy approached the board with a survey map and speaking with Corrine Volo: 54

actually goes to the house but on the picture, we have 54 going to the front of the porch.

Mark McElroy

So, do I have to re-fitl out an application or what is the process?

Jamie Newtown

It has to be re-advertised.

Corrine Volo

Josh will re-advertise it with the correct...

Mark McElroy

So, you have to send out another postcard to the neighbors? Advertising it?

Jamie Newtown

Right, it will go into the Webster Herald. I¢ will be re-advertised in the

Webster Herald and new postcards will go out to the neighbors. You don’t have to do anything.

Mark Mc Elroy

But I have to come back to the July meeting though?

Jamie Newtown

That is correct. (PAPER RATTLING VERY LOUD) Unfortunately you will

have to come back, and you can just confirm, and we are going to table this to July 18".

RESOLUTION 23-043 Jamie Newtown made a motion to TABLE THE

APPLICATION TO JULY 18, 2023 which was

seconded by: Donald Hauza

VOTE:

Mr. Newlown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Short AYE

(Corrine Volo read the sixth application)

LESTER RESIDENCE CARRIAGE GARAGE ADDITION

Located at 1242 Lake Road.

Applicant Matt Lester is requesting an AREA VARIANCE to: allow a 12° side setback where

20’ ts required (14° side setback was previously approved; but structure was built 12” from

property line); the expansion of an existing detached accessory structure that ts closer to the front

property line than the rear line of the main residence, which is not permitted without Zoning

Board approval; associated with an approximate 429 SF addition of a covered patio area,

workshop, 2™ story guest living quarters and balcony (for a total of 1,069 SF) on a 3.26-acre

parcel having SBL# 050.05-1-10 located in an R-! Single Family Residential District under

Sections 350-10, 350-36 and 350-94 of the Code of the Town of Webster.

Ps. 169 June 13, 2023 Zoning Meeting

Appearing before the board was Betsy Brugg with Woods Oviatt Gilman, Evan Gefell with

Costich Engineering is here tonight and unfortunately Matt Lester could not be here tonight, so

we are here representing them on their proposed renovation project of their carriage garage. It is

an existing garage in front of their home at 1242 Lake Road and hopefully you have had a

chance to look through the application and you have seen the plans and you know where the

property is.

It is one of the larger lots on their stretch of Lake Road and over 3 acres in size. The plans are to

renovate a major renovation to their existing home so before proceeding with that they are

proposing a major renovation of their carriage barn to make it really livable space for their

family so that they don’t have to leave their property while they are doing their home renovation.

They have school-age kids, and they would like to say and be least as disruptive as possible in

terms of the family so that is what we are here for. The existing garage is a two-bay structure,

and it is where they store boats and various equipment and personal materials. They have a

garage attached to the home for their vehicles. They are proposing essentially to do a larger,

attractive, and high-quality structure and approximately in the same location that it currently sits

and would extend closer to Lake Road. The existing structure that is there is about 335 feet back

from the road INAUDIBLE.LOUD NOISE. In terms of distance from the road and they are kind

of extending it 25 feet forward which includes about 17 feet of actual space plus a porch on the

front so from the street what wil! be visible is kind of the smaller dimension of the building so it

kind of hides the structure behind it and have a pretty little porch in the front. Again, over 300

feet from the road and they have over 500 feet of driveway. I think I INAUDIBLE on their

house, it’s about 4800 feet. I was corrected today that is it closer to 5300 feet and again, it’s over

a 3-acre Jot. They have the support of their neighbors. They are not here today but I have the text

from the immediate neighbor to the west and there neighbor two down and again | miss spoke,

there is a similar structure to what they are proposing two parcels over and | think I said the

adjacent lot and it’s actually two over. I] have an aerial of the neighborhood if that is helpful to

anybody. My understanding is that these accessory structures are somewhat common in the

neighborhood and common on Lake Road but what they are doing is not a whole lot different

from what many others are doing. They have large parcels, they are on the lake, they are deep

parcels, the location isn’t going to affect anyone. Their immediate neighbor who would be the

most affected has no objection and is totally supportive. The existing structure actually has an

existing variance, It was actually built by a prior owner of the property. His actually built 2 feet

closer to the property line than the existing variance. They like to do their project on the existing

space and renovate the structure, so we want lo just correct thal addition and legalize that

existing side setback . They actually already have, I looked through the record after we

submitted this and there already is an existing variance to allow the structure in the front yard. It

is included in our application, but they were granted a variance to allow the structure to be in the

front yard. I think the variance is technically to sit in front of the rear property line of the house

if [ am stated that correctly. We are of course going closer to Lake Road, but they actually have

an existing variance for that as well.

So, they are proposing to do a really nice structure and we have given you a pretty complete

application and we would be happy to talk to about kind of what the building is hke and answer

Pg. 170 June 13, 2023 Zoning Meeting

any questions. It’s a relatively minor relief requested in the context of the existing parcel in the

neighborhood. We are not in a small, half acre subdivision where you have to worry about being

on top of your neighbor. The location of the structure is closer to Lake Road and is actually

beneficial for the neighbors. We don’t want to do anything that would obstruct the views of the

lake, for example which having frontage on the lake, frontage on Lake Road they have to deal

with the existing conditions of those two frontages. Everyone of the lake obviously orients their

living towards the lake and the structure is set back far enough from the road that it wouldn’t

have any Impact on anyone. Josh, I will give you both of these. I have texts from both

neighbors for support.

So, the standards for the variance obviously the benefit to the applicant is it would allow them to

make improvements to their property and it would allow them to remain in their property while

they do a major renovation to their home. There is absolutely no detriment whatsoever from

these variances. They are relatively minor given the existing conditions and the existing

structure that is there and the context of the neighborhood. They are not disrupting their nearest

neighbor, other properties in the neighborhood have similar types of structures. So, there is

absolutely no negative impact whatsoever. | went through all of the criteria, and | am happy to

do that again in a littke more detail. Again, no change in the character of the neighborhood. It’s

consistent with other properties along the lake; other neighbors have similar structures. No

detriment to any nearby properties with the granting of the variance whatso ever. Can the benefit

be achieved by any other method? Not really. They need the variance because the building is

where it actually sits, they didn’t put it there. The prior owner constructed it. It is just slightly

off from where it should have been. The variance to move it forward obviously to can reorient

the configuration of the layout of the structure however, that would not be equally beneficial to

the applicant or to the neighborhood. Obviously having the alignment remaining the way it is

allows them to use the existing driveway. They have over 500 feet of driveway, so the location

of the existing structure really is oriented to allow the continued use of the driveway and that

harrow orientation also is the more appropriate orientation for the view from the road to the

public. Whether the variance is substantial, we are talking about 2 feet on the side setback. The

structure is already there, and the neighbor next door has no problem with it whatsoever and has

no problem with the project whatsoever and doesn’t interfere with the living of the adjacent

neighbors. Again, these are very deep lots, so the distance and dimensions are all...we are

talking about the context of the neighborhood when we talk about whether the variances are

substantial in the context of these large lots, these deep lots and the orientation and placement of

the homes in the neighborhood. These are not substantial variances whatsoever. There is already

a variance for the structure to be located in the front yard. We are moving it a Jiltke forward but

not in any way that the material or anything would impact anyone in the neighborhood or the

public. Any adverse effect or impact on physical or environmental conditions in the

neighborhood. None whatsoever and if anything, it is going to improve. They are going to

invest in quality design and quality structure. It is going to be an attractive structure and it will

also allow them to make renovations and upgrade their home in the long run. The variances arise

from the existing conditions; the location of the existing garage; the location of the existing

house and the location of the existing driveway. They are working with the existing structure

that is there and making improvements on that so I think we meet the standards, and I would

Pg. 171 June 13, 2023 Zoning Meeting

point out that it did go to the Planning Board because this is over 500 sq feet and I think that is

what requires site plan approval and the Planning Board sent a letter of recommendation in

support of the variances and { believe that was addressed to your board so you should have that

in your packet. We did see some staff comments and Evan can address it, but I think it was about

the sewer and didn’t have any issue with those comments.

Evan Gefell

INAUDIBLE know where the existing sewer is...we will be utilizing it with the El

pump and a back up generator and then the applicant will allow for an easement for the town.

Jamie Newtown

Anything else?

Betsy Brugg

No, happy to answer any questions.

John DeMarco

Was that an apartment before?

Betsy Brugge

No. Currently it is a two-bay structure single story. It is now going to have some

living space above the garage so that they can....they have three kids they would like to live in

the structure while they do their renovation, and they understand that this is not for commercial

purposes, and we state that for the record. It is purely for the use of the owners of the home.

Michael Short

So, what is the intent for using it after words right, because the area variance that

] received is it was necessary to do the renovation. I] have done renovations on my residence, my

clients residence, sometimes that have lived through it and sometimes they have had temporary

structures pul up to live through the renovations. Here we are doing significant renovations for

lack of a garage, and we are not converting il from an accessory building and now to living space

so what is the final intent.

Beisy Brugg

| think that their intent is just to continue to have it available for their family to use.

] think that they have in-laws that come to visit in and out and their life revolves around their

house lake, but we would have no problem with supulation that there 1s no intent for anyone

other than the family to use the home.

Barry Barone

It wouldn't be like an Airbnb site or anything like that?

Betsy Brugg

Excuse me?

Barry Barone

I mean you wouldn’t rent it out.

Betsy Brugg

No, no. No commercial use whatsocver.

Jamic Newtown

| just want to make sure; does it meet the definitions of accessory apartment or

Josh Artuso

Yes, we have had some internal discussions about how to handle this and it was

determined that it would not really fil the accessory apartment definition. They are not

Pg. 172 June 13, 2023 Zoning Mecting

proposing to have separate utilities or have someone permanently living in it so there was a

consensus among town staff that it was ok to proceed as it has been advertised for.

Corrine Volo

But we have not allowed it with other circumstances and 350-42 limits a single

detached dwelling on a single family and while I understand that they have zero intention of ever

using it as a residence for anyone else the variance stays with the property not with the owners.

BOTH PARTIES SPEAKING AT THE SAME TIME

Betsy Brugg

INAUDIBLE

Corrine Volo

I understand that, but we have denied similar applications in the past. While he is

not going to use it commercially , the people that come after the Lesters. The person that built

the garage originally put it in the wrong spot. So, variances are only as good as that people own

it currently.

Betsy Brugg

But I do believe the town has a mechanism for enforcement when there is that use.

Use violations are much easier to stop than somebody being a foot off.

Corrine Volo

But the code....it would need a variance because the code says no.

Betsy Brugg

The interpretation was made by the staff. They directed us on how to file the

application.

Jamie Newtown

Could you just run us through what the process is.

Josh Artuso

What process?

Jamie Newtown

The internal discussions that you had.

Josh Artuso

Well, we brought the project to PRC in which the Planning Board chairman attends

and | directly asked him his thoughts on whether or not he believed the intent of the accessory

apartment and then a group discussion. There are similar structures in the stretch of Lake Road

whether it’s allowed by the code or not, they do exist, and the thought was if you are living in a

property of this nature are you really going to want to rent out to a stranger so the general

consensus was then that it should not be treated as an accessory apartment.

Jamie Newtown

Were there any discussions around conditions?

Josh Artuso

Yes, the Planning Board indicated because it would have to go back before them

that they would put a condition that it would be for personal use only of the homeowners.

John DeMarco

What is the code section on that?

Pg. 173 June 13, 2023 Zoning Meeting

Josh Artuso

The accessory apartment section?

John DeMarco

Yes

Josh Artuso

It is 350-50. So, they are detached accessory apartments and are allowed; limited to

500 square feet however, principal dwelling unit in which an accessory apartment is located must

be occupied by one or more of the owners of record. It goes into utility service; exterior, you can

not have an additional entrance but this is detached so it is a separate structure and then it

requires an accessory apartment agreement that gets filed with Monroe County so [ don’t know

how they would file one of those with themselves.

Barry Barone

We are doing work in Penfield right now, where it is an in-law apartment, and

they make the owner sign an agreement that is filed with the abstract with the Monroe County

clerk that restricts it to only family of the owners. It’s an official record. So, anyone buying the

property would be aware of that also. To Corrine’s point, maybe the next owners may nol use it.

Donald Hauza

We should be doing the same thing. I think it also requires twice as much

acreage as required by...when it’s a detached apartment . I mean carriage houses, ] understand

the language for them, it’s a novelty but INAUDIBLE purposes, no one has carriages anymore. It

is what it is. It’s an accessory apartment above a garage by today’s standards.

Barry Barone

I am not speaking for the board, but my opinion is the accessory structure in the

front yard, ! don’t think it’s an issue because it is Lake Road and that is the back yard of Lake

Road. ] don’t think the {2 foot...although it’s disappointing it wasn’t built the way 14 should have

been, I think the occupancy is the issue. That is my opinion.

Jamic Newtown

Agreed.

Josh Artuso

So, Don, just to your point, so if it is detached it does require at least twice the

required minimum lot area for the district however, | believe they meet that. It is a fairly large

parcel.

Corrine Volo

Will it then meet the minimum square footage or is it going to be a 1100 square

foot apartment or the maximum square footage of ?

Josh Artuso

It would exceed what the code allows for a detached accessory apartment.

Donald Hauza

It really should be advertised for that also.

Josh Artuso

For what?

Donald Hauza; For the accessory apartment. I certainly understand, like | said earlicr, the

carriage house, for all intense and purposes, no one has carriages anymore. It is a garage witha

studio apartment above it.

Pg, 174 June 13, 2023 Zoning Mecting

Barry Barone

It could be guest quarters. How do we assure it is not used commercially? I mean,

the next owner and the next owner,

Donald Hauza

Well, that is the decision we have to make.

Barry Barone

Actually, there is a structure just to the east of you almost exactly the same

distance down the road, does that have a living quarters above it? It looks like it does but maybe

you don’t know.

Betsy Brugg

Matt is not here but I think it does. I have been told that there are other similar

structures in the area,

Jamie Newtown

So, I just want to step back and Josh you made a comment that Tony was part

of a PRC review committee for this. The area variances that we would grant this evening on the

side setback and the additional square footage on the existing structure and the front yard. Did

you make the comment that the Planning Board was going to condition something because they

have to go back for greater than 500 feet?

Josh Artuso

Right, this does trigger site plan review, so they did appear before the Planning

Board for concept last week and they have to return for a final approval.

Jamie Newtown

And they were going to place a condition on it did you say?

Josh Artuso

Yes, they said if approved that they would put a condition on it that states it is for

personal use only, not for commercial use. There was much discussion amongst the Planning

Board members, but they seem to be in agreement that it didn’t fit the intent of the accessory

apartment regulation but if this board feels differently...

Corrine Volo

Well, | just INAUDIBLE Don Hauza speaking at the same time. How do we

interpret it that 1 doesn’t meet the standards as an accessory apartment in this instance but when

the gentleman two doors down wanted us to do it, then it is. We just need to be consistent no

matter what it is that we do.

Michael Short

Did the gentieman two doors down go for @ variance?

Corrine Volo

If it is the house that I think it is, he was denied a variance for an accessory

apartment in that structure that yellowy.

Donald Hauza

I recall years ago; | can’t recall the address...

Corrine Volo

It has a gate.

Pg. 175 June 13, 2023 Zoning Meeting

Donald Hauza

There was one that was approved, similar situation. My objective is to bring it up

lo todays standards. You call it a carriage house, it’s very romantic language and what not, no

one has carriages anymore. J mean it’s an accessory apartment over a garage.

Jamie Newtown

It meets all the requirements and just skimming through here, it appears that it

meets all the requirements.

Josh Artuso

There would be a single utility service, correct?

Betsy Brugg

I believe so.

Donald Hauza

One meter in the house?

Jamie Newtown

If that were the case and the boards interpretation is that it meets the definition

of an accessory apartment then it would need to be advertised as this.

Donald Hauza

Well, it does indicate that there is a living area above the garage.

Betsy Brugg

[ appreciate you guys debating this but we filed an application based on an

interpretation indicating that the relief we needed was these two variances so that is the path that

we have taken. We are happy to address the concerns of the board as conditions on any

approval. I have not heard any objections to the structure.

Jamie Newtown

We just trying to dot our I’s and cross out T’s . Thank you, we appreciate it as

usual.

Donald Hauza

330-50 sull good and it is reflected in the book, right?

Josh Artuso

Correct. Lam just thinking here, it could be treated as an accessory apartment from

this point forward with the Planning Board as they are the board that has the purview on

approval of those and if there isn’t anything that or any of the standards that can’t be met, they

also have the authority to waive those. So, if it makes this board more comfortable, we can refer

to iL as accessory apartment as it moves forward.

Jamie Newtown

| would gladly do that. Take it back and Jet them address it.

John DeMarco

In the C3, the size, it is in excess of that?

Josh Artuso

Yes, it is.

John DeMarco

What ts the square feet of the principal dwelling?

Jamic Newtown

Did you say 5,000?

Pg. 176 June 13, 2023 Zoning Meeting

Evan Gefell

Over 5, OOOO.

Jamie Newtown

What is the total square foot of it? 1069, is that accurate?

John DeMarco

I thought it was a 1,000 square foot, wasn’t it?

Jamie Newtown

It’s a total of 1069

John DeMarco

So, it’s under.

Corrine Volo

No but you are allowed 35 percent of the house or 750 square feet.

EVERYONE TALKING AT ONCE

Corrine Volo

So, 1 would at least need a variance for that then for the size.

Josh Artuso

They would need a waiver and that could be handled under the Planning Board into

the code.

Jamie Newtown

Ok. ] am with the opinion that as long as we all are aware of this, the 350-50

the accessory apartment language, the conditions, the requirements there in and the fact that the

Planning Board is going to address this a second time, correct?

Josh Artuse

Yes.

Jamie Newtown

Ok, the ] would say we sce this as is as Mr. Hauza pointed out. It does in the

advertisement; it does suggest that there is a second story living quarters. (A LOT OF PAPERS

RATTLING)

Corrine Volo

Well then do we condition it as the Town of Penfield did where it has to be filed

with the deed that it will be a personal.............

John DeMarco

If there is a motion made, I would put that int here.

Donald Hauza

Plus, I think it is required by our code also.

Josh Artuso

Yes, it is.

Jamie Newtown

Any other comments or questions? | think we have beat this one up and we

appreciate your patience, and J will open it up to public comments. There is no one in the

audience so we will return it back to the board.

RESOLUTION 23-044 Jamie Newtown made a motion for TYPE IT SEQR

which was seconded by: Donald Hauza.

Pg. 177 June 13, 2023 Zoning Meeting

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Short AYE

Jamie Newtown

My recommendation would be to proceed with an approval like that is that we

adopt the....] always like your letters because I like to adopt what you outline instead of re-

iterating it so, I would suggest that we adopt from the May 23" , 2023 letter by Mrs. Brugg to be,

let me find it, on pages 3, 4, and the five criteria by the Zoning Board as she has outline them on

those two pages. Does anyone have anything else to add? Ok, does anyone care to make a

motion, We are going to adopt her findings.

RESOLUTION 23-045

VOTE:

CONDITIONS:

Jamie Newtown made a motion to APPROVE THE

AREA VARIANCE Located at 1242 Lake Road.

Applicant Matt Lester is requesting an AREA

VARIANCE to

allow a 12” side setback where 20’ is

required (14’ side setback was previously approved; but

structure was built 12’ from property line); the expansion

of an existing detached accessory structure that is closer to

the front property line than the rear line of the main

residence, which is not permitted without Zoning Board

approval; associated with an approximate 429 SF addition

of a covered palio area, workshop, 2™ story guest living

quarters and balcony (for a total of 1,069 SF) on a 3.26

acre parcel having SBL# 050.05-1-10 located in an R-i

Single Family Residential District under Sections 350-10,

350-36 and 350-94 of the Code of the Town of Webster

which was seconded by: Barry Barone.

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo NAY

Mr. Hauza AYE

Mr. Short NAY

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

Building Permit.

® That one-year significant construction shall expire June 43, 2024.

e Move to the Planning Board and we can recommend that they condition this

appropriately and ensure that they address the items within 350-50 for accessory

apartments to ensure that this is specific to the current resident at hand and not for

commercial; Airbnb or rental.

Pg. 178 June 13, 2023 Zoning Mecting

e it must be filed with the deed / county that it was to be for family use only, not rental

;

Since there is no further application before the Board Jamie Newtown adjourned tonight’s

meeting at 9:30 p.m.

ADMINISTRATIVE ITEM

Minutes were approved for May 9, 2023.

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

Sra, KA, Mega

[ Pg. 179 June 13, 2023 Zoning Mecting

End of document