Minutes

\WEBSTER ZONING BOARD OF APPEALS MINUTES

Jamie Newtown, Chairman

Barry Barone, Vice Chairman

Corrine Volo, Secretary

Donald Hauza

Griff Stappenbeck

John DeMarco, Attorney

Josh Artuso, Director of Community Development

Katherine Kolich, Recording Secretary

14, 2023. This evening we have two tabled items on the agenda and three scheduled items. We

do have proof of publication for each of these matters from the Webster Herald.

Call Roll /Pledge of Allegiance

Suminary of Application Outcomes

TABLED MATTERS

:

613 WEBSTER ROAD/VILLAGE OF WEBSTER WASTEWATER TREATMENT

PLANT IMPROVEMENTS

and Matt Higgins, Civil Engineer with LaBella.

DETAIL ON SIZE OF TANKS & TRICKLING FILTERS; LIGHTING CUT SHEETS;

BUILDING SIZE, ETC

1650 RIDGE ROAD/AUTOMOTIVE DETAILING SHOP

SCHEDULED MATTERS

:

233 INSPIRATION POINT ROAD-POST FRAME BUILDING

Pg. 4 February 14, 2023 Zoning Meeting

L

1437 BRIARFIELD WAY-FRONT PORCH EXTENSION

1008 GLEN EDYTH BAY FRONT-DOCK SETBACK

io the previous information.

(Corrine Volo read the first application)

VILLAGE OF WEBSTER WASTEWATER TREATMENT PLANT IMPROVEMENTS:

Located at 613 Webster Road. Applicant Mayor Darrell Byerts is requesting an extension of a

nonconforming use associated with proposed upgrades to the Village of Webster’s Wastewater

Treatment Plant on a 10.10-acre parcel having SBL #065.10-1-13./WEB located in an R-3 Single

Family Residential District under Section 350-19 of the Code of the Town of Webster.

*Please note: the septage receiving component of the project has been eliminated.*

I recognize this has been an amended application but nevertheless, Mrs. Volo was not here on

December 13, and I wanted to be certain that there was consent from the applicant in so much as

Mrs. Volo has watched the entirety of the taping of that meeting; she has reviewed all the

materials and is prepared to listen a new but with the context of the prior meeting and is willing

to participate in the vote, should we have one this evening but I wanted to make sure you don’t

have any objection to that before we get underway.

to consent, then I get we will cross that bridge.

for the Village of Webster with me again is Matt Higgins, Engineer for the village with LaBella

Associates. The village has decided to forgo the septage receiving component of the facility and

village trustecs, the board of trustees, simply decided that the return on the investment in such a

facility just isn’t worth itso they dropped it. So, without that the basics of the project are to

replace the existing large trickling filter with two new smaller trickling filters and construct a

new chemical storage building that will be approximately 36 feet by 60 feet or around 2160

square feet. Other than that, everything else is replacing, upgrading, equipment inside existing at

the facilities at the village wastewater treatment plant.

We did respond to the concerns and questions that were submitted to us following the meeting in

December and I don’t know if you want to take the time to go through each of those responses.

Pg. 5 February 14, 2023 Zoning Meeting

A lot of them had to do with the septage receiving station and since that isn’t part of the project

any longer, iis simply irrelevant. We belicve that the project is as it is now configured and

does not cause any deleterious impacts on the neighborhood in essence things are going to be

improved because its because it is going to be an improved wastewater treatment process and

plant so T will turn it over to Matt. There were some questions that the towns project review

commitlee had, and Matt can address those.

and LaBella Associates here in Rochester. The village hired LaBella to serve as a Design

Engineer for all phases of this wastewater treatment plant improvements project and | am the

Project Manager for LaBella for the project.

Don briefly mentioned the change, the major change that the village made between the last time

we were here and the present. Which is, the village is no longer proposing to construct septage

receiving facilities to allow for the receipt of septage. So, I am just going to show on the plans

some existing conditions and then proposed trickling filter and proposed chemical storage

building and just highlight a few things. (Goes over to plans) NOT USING THE MIC...Can you

hear me? (NO, not really) This is the existing condition and there is one large trickling filter

(PICKS UP THE MIC) so, this is existing conditions with an arial behind it and this is the one

large 150 foot in diameter trickling filter that currently exists and I will flip over to the next sheet

and show you the proposed two trickling filters that take the place of this. You will notice that

the existing is very large in diameter a 150 feet . The two proposed ones are 44 feet in diameter

so the are significantly smaller however, DEC is requiring the village to construct two of them to

provide redundance as part of the issuance of the SPDES permit for the facility. The second

change I will highlight, (SOMEONE FROM AUDIENCE YELLING OUT)

Jamie Newtown; Come on, we have been through this once ok. We will open this up to the

public when the public comment is going to take place.

(SHOWING ON THE PLANS) it is just a lawn area next to the digesters it is lightly slopping.

Formerly, the last time we were here, the village was proposing to construct a seplic receiving

facility in that area the village is no longer proposing to construct that. I will just shift here to

the site plan, the revised site plan since last meeting. So, you will see the two new proposed

trickling filters here. One of them is within the footprint of the existing one and one of the is just

adjacent and then the scaled down building down here. So formerly last time we were here the

village was proposing a roughly 4200 square pre-engineered metal building here for the dual

purposes of receiving seplage and storing chemicals in different rooms within that building.

Obviously since the village is no longer proposing to receive septage there is no need to design

that into this building anymore. So, this building is just to store chemicals and to house the feed

equipment for the chemicals so it is somewhat small here. You see two small circles here; they

represent the chemical bulk tanks. The scaled down building as Don mentioned is about 2160

square feet roughly 36 feet by 60 so a note about the chemicals. The village currently uses two

chemicals as part of the wastewater treatment process, ferric chloride, and sodium hypochlorite.

Pg.6 February 14, 2023 Zoning Meeting

There is no change happening in the chemicals being used. These chemicals are currenuy ferric

chloride, and sodium hypochlorite and after this project the village still wants to use those two

same exact chemicals. There is no change there. Ferric chloride is currently stored in a small

building right here (SHOWING ON THE PLANS). As part of this project, that is an older CMU

building that is partially below grade as part of this project the village plans or proposes to

demolish that building and instead house the ferric chloride storage tank within the new pre-

engineered building that | just pointed out.

storage, but I don’t know the exact number. The other chemical storage tank, proposed to be

located in the chemical storage building ts for sodium hypochlorite . The village currently uses

this chemical and stores it in totes primarily in two places, it is used in two places around this

site. One is it is added to the trickling filter as it flows to the secondary clarifier and the second

is, it is added to the final affluent as it exits the site and currently it goes to the town water

pollution control facility. Both of those current uses are for algae control and so the proposal

here is to locate it here in a central chemical storage tank rather than have to move totes around

the site. The village currently maintains NYS DEC bulk storage certificate given them approval

to house these chemicals. They have used them over the long term. There is no change

proposed here as far as the use. The only additional use will be using sodium hypochlorite for

affluent disinfection which is currently accomplished at the town pollution control facility which

is part of the issuance of the SPDES permit will have to happen at this site. So, these chemicals

will be stored in separate tanks in accordance will all applicable regulations within that proposed

chemical storage building.

As we mentioned last time, smaller items of work are proposed to be part of the project include

equipment replacements within the buildings you know, pumps; values: piping; digester

structural repairs; and building system replacements rehabilitations; electrical; mechanical; and

plumbing in nature. To briefly address the questions from the Sewer Department and the

Engineering Department . We had one question about the flare. The anaerobic digester flare

complies with applicable regulations. The proposed flare location complies with Ten States

Standards and in the NC regulations. The proposed flare location is on the site plan, east of the

service building within a privacy fence right here. (SHOWING ON THE PLANS). The second

question from the Sewer Department and Enginecring Department was related to chemical

storage and | already covered that, and the third question was a question about, do we have a

lighting plan for proposed exterior lighting. So, currently there are five total exterior lights

proposed as part of the project. Two of them are located and | will point them out in a second but

the are located at the trickling filter pump station and three of them are proposed to be located

Just above or adjacent to the three proposed doors ports of entry to the chemical storage building.

Pg. 7 February [4, 2023 Zoning Meeting

So, they are represented on the site plan by little green, oversized green dots in attempt to

highlight where they are. (SHOWING ON THE PLANS) Aside from that, all exterior sile

lighting is proposed to remain as is.

So, with that, | appreciate the boards consideration and | am happy to answer to the best of my

ability, answer questions. Is there anything else you want to mention Don?

lo the concerns/questions that were submitted to us following the December meeting. I have

nothing further.

They were kind of rusted and looking decrepit. Is there any consideration to remediate that?

From the citizen’s end.

overall]?

that they were concerned with.

regarding the sledge drying beds.

greenhouse that has several broken glass panels and the other is the one that maybe you are

referring to, it is just a steel pole barn structure.

up. [don’t know whether there is any consideration to clean it or make it look a little more

presentable.

facility. The problem with the present project is that there are only so many resources available

to this project so as far as, certain things are required by the DEC as a strict compliance

regulation and the village has been forced to prioritize those matters so that if can receive a

SPDYS permit, and I know that they are committed to undertake those improvements to building

structure and structures on the site in general as time progresses.

time to make improvements beyond what you are going to do for the upgrades required for the

SPDYS permit and the upgrades to the facility, correct?

Pg. 8 February 14, 2023 Zoning Meeting

upgrade project.

time. There was I think some reference made that over a period of time and predating this

application that there was, and I am not sure if it was respect to that civil lawsuit or whether the

INAUDIBLE did it independently but there was a period of time where septage was

discontinued; stopped or kind of at a low if you will. [recognize it is now withdrawn from this

application. Projecting forward and assuming that this plant is going to be around for awhile yet.

Is the village, the applicant willing lo recognize that, that is now an abandon use so that in an

event that there is any future application, that are similar to this as part of the approvals here

tonight, that the village would take the position that they are abandoning or giving up that use so

that future applications it wouldn’t really be, legally reviewable because under the non-

conforming use it would be abandoned, it would be discontinued.

to leave it at that.

forward.

doesn’t even need to come before this board because what is being extended or expanded for the

non-conforming use now? A 2100-foot chemical storage building. They are storing the same

chemicals that are already there.

filters. Itis a large structure 30 years minimum. Trickling filters with good maintenance will last

a long time, Certainly, hope everything Jasts longer than that.

it is NOL going to permanently forgo scplage as part of a non-conforming use application going

forward.

Pg. 9 February 14, 2023 Zoning Mecting

what they are going to consider but often times as you know, you have done this hundreds of

limes, applicants can say, you know what, I am willing to put up this berm if that is what the

board wants, and you are going to look favorably on the extension of my fence or whatever the

circumstances might be. I am throwing that out there because I think as a legal matter going

forward, I think for the village it would be very problematic given the fact that it has already

ceased once withdrawing it from this application to continue or restart it again

John DeMarco; But clearly you are not willing to say listen

to be in the foreseeable future, if ever, The village is not going to do septage at that site, but | am

not going to commit the village thirty years from now. Obviously, they would have some issues

if they wanted to but that is kind of self-apparent. I just don’t know why you want to make some

binding admissions now.

seplage so that 1s what leads to why. Whether (BOTH PARTIES SPEAKING AT THE SAME

TIME)

up. Septage is not going to happen at that site.

Conversation between Jamie Newtown and John DeMarco-(I didn’t hear the question Mr.

DeMarco asked Mr. Newtown)

Pg. 10 February 14, 2023 Zoning Meeting

to the treatment facility, that’s the priority. My interpretation is there is not cnough additional

funds to do anything else for onsite improvements. Did I state that correctly?

comments that we submitted, the village is looking into upgrading the fencing and seeing what

the cost of that is and, in the future, they will look to you know, improve the greenhouse and the

other building that is along the creek but right now there is not enough funds to do that at the

moment.

appearance of the plant is important so hopefully they will move forward with those

improvements at some point in the near future, but I think the elimination of septage was the

major sticking point because the residents were concern with odor; truck traffic; the safety;

traffic safety; trucks noise; so, I think that is a huge concession. My point of view, I think that is

a big concession for the village.

relevant based on the current application. The truck traffic is irreverent in these upgrades. Once

again, the septage. Appearance, most of them are appearance related beyond things that would

have been related to the septage receiving. INAUDIBLE around the two buildings that are within

the flood plain. Which once again, you have stated that there are no intentions for anything

related to those two buildings. Most of these others are related to the septage; truck traffic; all

related to septage, number of haulers; again, on the buildings and current condition of the

buildings. We have reiterated that a few times. The cost of the upgrades and I’m not sure how

that is relevant, [0.9 million is the budget from what I understand.

I think you answered this one, improvements required in order for the village to obtain the

SPDYS permit, you stated yes. That is also in your response. Controlling the odors, maybe you

might want to touch on that one before we open this up to the public and | think the rest are

related to flood plain or septage so maybe you just want to touch on the odor issue for the

INAUDIBLE specifically around the upgrades.

storage tanks within a new building so I would not anticipate any change there if anything, it

would be less odor although I don’t think there is any present odor from chemicals, but they will

be housed within brand new tanks within a brand-new building so [ expect zero odor there. As

far as the trickling filter, as shown here, the actual surface area Uickling filler exposed to air is

decreasing because we are going from a [50-foot diameter tank to two 44-foot diameter tanks so

and they will run more effectively because we have designed them to operate effectively given

the flows of INAUDIBLE facility, so 1 also anticipate improvement there in odor.

As you mentioned, the septage is removed so there is no more odors INAUDIBLE and regarding

odor generally, there were several questions in here that said, can you differentiate between

Pg. 11 February 14, 2023 Zoning Meeting

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improvements for odor control or odor control measures and other improvements, and I think the

questions gets a lite challenging lo me because is replacing an old pump that might fail with a

brand-new pump that is less likely to fail helpful for odor control? I would say yes because if

your pump breaks down and you are spewing sewage, there is going to be a smell. [can imagine

that that may not be perceived by some as an odor control improvement. So, I do think odor

generated at the facility will be equal or better after the improvement project then it is currently.

Although I recognize that I think the main concern was related to septage and that is no longer

included.

Josh, did you speak with them specifically about the comments?

floodplain boundary which we are aware of and has been added to the map. It also notifies us

that there is a portion of a stream that is located on the subject property, and it talks about

protecting the stream corridor, protecting the wildlife habitat, pretty standard language. There

wasn’t any specific comment other than their standard comments about maintaining a healthy

vegetative stream side buffer; minimizing vehicles in that area but I don’t believe any of the

proposed improvements are directly adjacent to the stream. They also indicate that there will be

required approvals by Monroe County Department of Health; some monumentation survey

information. There was no comments from Monroe County Department of Environmental

Services and also no comments from the Department of Transportation from New York State.

back from the county. Any further questions or comments before we open this up to the public?

Ok, at this time we will open this up for public comment. [f you could please step up to the

podium and state your name and address and please, stick to the points that you would like to

make,

Michael Conn at 610 Webster Road: | am right across the street froin the plant. 1 have been at

this house for 40 years. [knew it was a sewage treatment plant when | moved in. For the first

30-35 years very little problems. Everything went great. At the last meeting in December, they

Pg. 12 February 14, 2023 Zoning Meeting

talked about bringing back the septic hauler. It was a nightare when the septic haulers were

there. Hwas great to hear that they gave up on that idea. We talked about the history of the

plant at the last meeting. Lhave been there a long time and have documented proof as well as

pictures and all kinds of evidence of what the village sewage treatment plant has put myself and

all the neighbors through. Fam not going to talk much about that, but Lam willing to talk to

anybody, anytime and show them what this plant has been doing to our neighborhood, In my

opinion, these people that run the plant and operate the village at this time can not be trusted to

do the right thing. They will tell you one thing and different things will happen. They will try and

get away with stuff it has been like this over the years. | mean, Lam all for upgrades and

cleaning up that place and that plant. They are spending 10 or 11 million dollars and very little

was said about fixing up the buildings that are there and making it more presentable to the

neighbors. mean everybody around there in this residential single-family neighborhood takes

good care of their property and then we have to deal with this village sewage treatment plant.

Most of the people in the area; in the town in the village know the facts about this pretreat

sewage treatment plant from the 30's ok, there is really only a handful of people in this whole

community that think expanding this plant is a good idea. There is a few people over there

making a good living running this plant and dealing with this plant; getting their paychecks; and

moving the sewage around which ends up at the town plant anyways. There is no question that

the village has manipulated the people of the community about the effectiveness of the plant and

the operation of the plant and just the facts alone about what is going on over there. There are

some facts, when they were doing composting, the human sewage composting, hundreds of tons

of this right on 250 for years this went on until it got so out of control that it woke most of us up.

They used to take that human sewage composting and spread it all over the village as well as the

memorial park on 250 ok until Linade them aware of what they were doing, and it finally

stopped.

making,

to deny the village these improvements?

this evening,

PARTIES SPEAKING

forward. What we want to do , we, | think are fully aware of the history of the plant and the

Pg. 13 February 14, 2023 Zoning Mecting

matter thal 1 is operated and maintained, got it. What is your position specifically as to the

expansion of the buildings, what the applicant said , why you oppose them and if you don’t

oppose them, then we really should move on to the next speaker.

operate tt like they have some respect for the neighborhood and in a year or two, come back te

the Zoning Board and then ask for their improvements. Because if they treated the neighborhood

with respect, there would hardly be anybody here.

that, it should remain the way that it is today.

Brian Dunham at 623 Webster Road: So, | oppose of the new addition. One thing, so 1 guess I

got a question. Right now...so on the initially plan they had the sewer septic hauler building and

now that ts off the table until they decide it’s not but right now its off the table and now, they are

proposing a chemical storage facility which in their original plans weren't there so why is the

new building needed. One thing is I don’t want another industrial building next to my property

ina residential neighborhood. It is an industrial building. If they can....in the original plan they

didn't have a storage facility so, why put one in now,

down from 4,000 square feet to 2,000 and if I lived in the neighborhood and there were going to

be upgrades to chemical storage that have the potential to leak, 1 would certainly want new

tankage and new secondary containment for anything chemically related.

right, but l seen it yesterday, but this is the first opportunity I had to see this, so a couple

questions are, ave the chemicals flammable. Do you know whether they are flammable or not?

nia different area?

Pg. 14 February 14, 2023 Zoning Meeting

getting rid of it and upgrading it. All they have done is taken the septage receiving space that was

going to have a much larger footprint and building, they are reducing that down; cutting it in half

and they are going to have brand new chemical storage facility.

right, so they have a storage facility already, why can't they just upgrade what they have instead

of building a new building no matter what size it is right, so they have a storage facility already,

why can’t they just upgrade what they have instead of building a new building, expanding the

footprint. You know, making another industrial building in our neighborhood.

problem within the existing configuration right that they fix it and maintain it.

INAUDIABLE (BRIAN DUNHAM SPEAKING OVER) there are new security requirements in

place, and they will address that ok. We have to move on, a lot of these points were made

previously.

right. They should be made to maintain what they have before we let them build new stuff. It just

doesn’t make sense and they can’t even guarantee right now that they are going to do anything

with the other buildings. They say they want to, but they won't. They are spending all this

money. Fix what you have first.

disrepair.

what they want, right. They didn’t want to combine but we live in the town, the town. We

couldn't vote on anything, we couldn't go to the village and vote, and we didn't have any actions

here to be able to vote if we want those two facilities combined and it’s our neighborhood, you

understand but we didn't have...ve did not have an option right. There was no outlet for uy to

doa vote on what that combination would do, would be. We didn’t have a choice. This is our

Pg. 15 February 14, 2023 Zoning Meeting

only resource, and this is not even the... this is the Zoning Board right, we are not even supposed

fo be, how do you say, this is not where it is supposed to be litigated this right, but we didn’t

have a choice. We didn't have a place to litigate anything. We are just told this is going to

happen.

use. The non-conforming use ts going to exist without these upgrades or not so that is why we

are trying to look at, how does this balance all issues of traffic; noise; property value; drainage;

sewage; odors. We are trying lo look at that balance and do these upgrades make sense or does it

have significant impacts on some of these quality issues that we are talking about.

want to put up a shed and if they have too many other buildings on the property already, you

would make them fear those other buildings down before they can put up a new one. Those two

buildings in the zone, in the flood zone, that are in disrepair, they don’t know when they will fix

up. You should make them tear it down before they do anything. That is my opinion.

Katie Borchers at 257 Circle Lane: I also own two businesses in the Town of Webster, and I

have resided here for almost 40 years, and I am not going to add anything that already has been

said. I have three points that | want to talk about. The first one, Mr. White began his

presentation with there is no deleterious effect. For those of you who do not have a law degree,

the definition of that is causing harm or damage. So, the perception of Mr. White is that these

Huprovements do not cause harm or damage. It is indeed a perception that the neighbors do not

agree with. The second thing ts, there ts a lot of mistrust due to the history and I would love to

see the village build trust with their improvements by seeking the advice and recommendations of

the neighbors that they have been sharing for a great many years. I believe that there is a

balance between expansion and improvement and what we are seeing here today is much more

focused on expansion and not improvement and reconciliation of the neighbors which they are

part of that community by being a business. The third point that I wanted to call out, and this

may be my misunderstanding, but I believe that Mr. Higgins or Mr. White had mentioned a new

use of sodium hypochlorite and for those of you who doesn’t know what that means, it is actually

bleach. It is a common name. So, there was said in their presentation that there is anew use of

that sodiian hypochlorite, and I was looking for clarification.

INAUDIBLE.

Pg. 16 February 14, 2023 Zoning Meeting

permit that they are seeking as part of that expansion.

of the system, but we will get clarification.

was put. So, those are the three points. | just want to leave you with the majority of concerns

here are due to the lack of trust and a lack of input and it is unfortunate that we have to come to

this place to be told what ts changing instead of being asked of how they can be a good neighbor

in a preexisting area, Thank you,

Pat McDonald at 467 Holt Road; Mike Conn is actually my father-in-law at 610 Webster Road

right across the street from this plant. Obviously, | am not for anything that they are looking to

do on this. These amended proposed plans just appears that they are trying to set the

groundwork to come back at a later point and do exactly what they said they were not going to

do. It has been exactly their MO for years and I think you guys have seen through that tonight

yourselves as well. Somethings that I would like to put out, | know you know about the disrepair

but just from having experience with commercial properties over the years myself, | mean for

one, the plans is very vague, I mean there is nothing about water run off ; how the light is going

to impact any of the neighbors off of these current buildings. can see a couple of them are

going to face right towards Brian's house and we don’t even know how tall it is. So, anytime 1

have had to erect a structure on a conmercial property, they need to know everything to the inch

and so far, that hasn't been described. We don’t know snow removal, water shed, and I imean

they are right next to a creek, and I can guarantee that if those buildings are in that kind of

disrepair that are sitting right there boarding the creek now, the drainage that may or may not

have been installed when they built those buildings, it is probably not functional either. So,

anytime that they are adding material to that building and does not have roofs on it and it gets

rained on, all that stuff is going to leech down into the creek. Which is one of the reasons why

they have sueded twice over the years by the neighbors around there. So, that in combination

with the trees. Somebody thought it would be a great idea to do through and lop all the branches

off as about as tall as nie years ago, Any commercial site that I have ever built over the years,

cooperations that built the site, are also required to maintain the site. So, if you have to plant a

certain number of trees; certain variety; certain height and they die, someone alters them,

something happens to them, you are required to fix them and maintain those new ones as well,

Which ts obviously not been done, That is why you can see right threw the plant when you drive

by. So, Lagree with a lot of the neighbors you know, like most people that have to get a

residential or commercial permit, these things would normally have to be met before anyone

would consider isstting them anew permit for any construction of any kind. That has been a

pretty much a standard for any town that l have worked in. Thank you.

Pg. 17 February 14, 2023 Zoning Meeting

Richard Fraser at 592 Webster Road: My driveway is right in front of the plant. They say they

are going to put up lights. Is it going to affect my home? Am T going to be able to sleep at

night? Nobody has addressed this and also, this should not even be heard until they get their

DEC permit. We do not know what that is going to require. 1 oppose it because they haven't said

how the lights are going to shine on my home and when dam there, PE want to be able to sleep and

{want to be able to do that and there ts no prevision that I can do that and what will it do to the

market value of py home. No one has said that, So, until they get their DEC permit, from the

village and not use the town, this should be opposed. Thank you.

Candice McDonald at 467 Holt Road: ln Webster and my parents are Mike and Polly Conn right

across front the factlity and | have been there almost my whole life and my children go their

almost on the daily basis. When it started to be discussed about renovations and things like that

and this was just farmland, what is the big deal everyone moved in. [took it upon myself to go to

the museum to find some information about what this looks like. (SHOWING MAP WITH

OUTLINE OF HOMES AROUND THE VILLAGE PLANT) These are pictures of what it looks

like, So, these are actual pictures from 1941 of a half mile around the radius of the plant and

that is in yellow. The little white square in the middle, is the village treatment plant as it was on

the map in 1941, Ht is still the same spot. There were 56 residential homes. (SHOWING

ANOTHER MAP) Can I get closer to you guys so you can see it? BOARD-YES 857 homes and

most of them have two to six people residing and all single-family homes around this facility. The

plant is talking about upgrades and there has been very few done, major improvements, over the

years. The reason for that is because they are accountable to no one. They are the only sewage

treatment plant located out of the government municipality that supplies it. Nowhere else in New

York State is this happened. Where the sewage is sent out of the town or village that the people

are feeding into and into someplace else, the only one. Because of that, it has fallen through the

cracks. DEC has no way to fine them because they are working with people with SPDYS

permits. Treatment plants with SPDYS permits. That is why these buildings have allowed to go

unmanaged; dilapidated; run-off; sewage trucks; sludge vans and pickups that sit outside. We

called DEC and told them they are using this as their Highway Department with stone and DEC

says we have to give them a three-day notice and there is n nothing we can do. They do not hold

the SPDYS permit. We called the Town of Webster and said they have dump trucks at 6 AM in

the morning, we can’t stop them, they are a numicipality. We called the police because there is

foud music and noise and fire coming out of the building at 8:00 on a Saturday and they say, we

have no jurisdiction ever that place. The only one who could do something was the NY State

Supreme Court. Forced them to stop sewage haulers. They did not do that out of the kindness of

their hearts. They are tatking about vague meanings. In all likely hood, we want to; we are

considering; if it happens; this is all a smoke screen to talk about, no body can force them. If

you allow them to build these very vague buildings. [had to do a 3D rendition of my conumercial

property when 1 wanted to upgrade. Who is going to enforce the timeframe; what if they add

more lights; what if they start storing different things in these buildings; what about the sludge

that isin there? They are unaccountable to no one until they get a SPDYS permit, Until that

happens, they can continue to run the plant just like the way they are, Anyway, they like. 1 am

against these upgrades because if their chemical facility was in that much disrepair, why hasn't

it been fixed and the only reason it hasn't is because they don't do anything out of the kindness

Pg. 18 February 14, 2023 Zoning Meeting

of their own heart, and no one can force them to. You are giving up the town rights if you allow

them to progress. Thank yout.

Polly Conn at 610 Webster Road: My husband and I have lived here for over 40 years and raised

a beautiful family and we have only had problems; the most problems have been in the last 6-8

years with the Village of Webster Sewage Treatment Plant. With the first problem we went to the

village and thought we would just be nice people to go up to ask the village to do something

about the composting and the reason we did is because they did the composing and it got higher

and higher and [ think it was in 2016 when they did the compositing in November. We were

having a pizza party ona Friday night atmy house and my grandchildren. We have thirteen

grandchildren, and they were all over. The kids pulled in and we had a terrible odor of a

chemical and we were all running around like flies and running in the house and my kids said,

Mom and Dad, these people are going to kill you and we decided to take it up on ourselves to go

to the village and explain to them that you put something on that compost that was very chemical

smell and they said it was a perfume but we took it up on ourselves to get the compost, to stop the

composting and the only way we could do that...we thought they were going to be nice people

and understanding that they had to get rid of tt. We had to get a lawsuit. We had to go through a

law suite with depositions. It is alot of work getting all these families, close to thirty families

together to stop them doing what they are doing. One other thing that my most concern is,

besides that chemical smell that they almost killed us with, they took the top off the digester to

clean it and they were supposed to have the top off. We got a letter saying in February saying it

would be off for six weeks and in October they finally put it back on but in the meantime that

month there was a terrible burning smell in our noses, and we were getting headaches outside

and we called DEC and they came down and they satd that they were using chemicals to clean

the digester, but it was pretty painful in your nose. The burning and the headaches. My daughter

was over with her four kids and when they left, they felt pretty bad from terrible burning in their

nose and my daughter had a terrible headache. And another thing that happened, is I don’t trust

their chemicals. [tis very scary. They didn't know what they are putting on their compost and

they called ita perfume. That is pretty scary, to my neighborhood and to my family. Scott

Rodumbar at INAUDIBLE from DEC were good people. They went over and tried to talk to the

village about getting the top back of the digester and it took all summer to get it back on and 1

know they were there at least three times with the DEC attorney; Caris and Scott. Begged the

village to get the top back on for up. And another thing that 1 am really just concerned about,

there are terrible smalls from that sledge building. fn the back on Wahl Road, why can’t they

knock that sledge building down because it smells so bad, and they are not supposed to be

keeping anymore sledge in that building no more because that is part of our lawsuit, That there

is not suppose any odors. They are supposed to be trying to take care of this place and then I

would like to say that, DEC over the years has asked them inany years now to put a building

around the digester and the digester is where, well Ecall it poop but they call it sludge and that

truck that stts underneath center fuser that takes the poop out, it stts there all the time and 1 don’t

even know when if goes to the landfill but if you were nice to our neighborhood, why would vote

leave that poop out all the time and expose it to our whole neighborhood. DEC has asked you to

Ps. 19 February t4, 2023 Zoning Meeting

build that building and you say you have no money, Harris Manning and Scott Rodwubar said

this is the excuse that they have given DEC all these years of not putting that building around

that center fuse building and leave that little village truck, belongs to the village, they put that

poop in it, drive up to 250 and take it to the landfill. Just open it to the whole neighborhood. Let

everybody smell tt, they do not care. This is where we live and | have to say, 1 love my town. 1

love Webster. | feel safe in it. They do a beautiful job, and we have a beautiful town to be proud

of, but it sure does stink, Thank you so much for listening though.

comment portion of this meeting and return the discussion back to the board. If we could get the

applicant to come back up, I think there are at least four points that you could try and address.

The lighting; status of the DEC permitting process; the CDS requirements and then, I think those

are the three key ones that I jotted down. F

to the plant is right here (SHOWING ON THE PLANS) The five lights proposed are two them

over here, and three of them here. So, five total).

condition that the board wants, So, there are five total lights.

SOMEONE FROM THE AUDIENCE YELLING OUT.

AUDIENCE MEMBER CONTINUTES TO TALK.

Pg. 20 February 14, 2023 Zoning Mecting

address that and the need for it, where chemicals are currently stored. Could you repeat that

again,

ON THE PLANS) there is a small concrete masonry unit CMU building, right here.

15. Itis a small

building, and it is partially below grade. Within it, is a bulk storage tank ferric chloride. That

tank in there is so tight to the wall that it is almost impossible to walk around the tank due to the

space between the round tank and the square of the interior surface of the square building wall.

a trade off between truck traffic and storage capacity so if you include smaller capacity, you

must get deliveries more often so if you include larger tanks, you do not need a delivery as often.

So, there is a tradeoff with those two things, and I understand truck traffic is not desirable nor is

larger storage tanks perceived as desirable. In addition to thal, if there are ever concerns about

the availability of chemicals in an emergency it is advantageous to have more storage capacity

on site to carry you through that emergency. So, we try and struck a balance with those (wo

things. Truck traffic, emergency storage, and storage capacity generally when we select the

recommended size of the storage tank. So, for ferric it is generally a one for one. There is one

current large bulk storage tank within that small building, and we are proposing to replace it with

a similar sized chemical bulk storage tank within the new proposed chemical storage building.

When it comes to sodium hypochlorite, the member of the public is correct. There will have to

be more used at this site then there currently is. So, the two uses right now, well first to address

where it is stored. It is stored in totes, like 300-gallon square totes or cubic totes that are just

moved around by the village to where they need to be so they can add it into the flow at optimal

points. So, generally those two points where it is added, (SHOWING ON THE PLANS) one is

night here, flow exiting the trickling filler and running to the secondary clarificr and the second is

in here, in the center of the site just as the affluent is leaving the site to go over to the town site.

So, there is no proposed change in the use related to right here, this trickling filter the affluent

flow to the secondary clarifiers. However, this uses right here, where they currently add a small

amount for algae control in the affluent pipe between the village and the town. That is a position

Pg. 21 February 14, 2023 Zoning Mecting

where they will have to fully disinfect the affluent so there will be more chemical added to the

flow at that point as a result of the improvements project. The necessity to increase that chemical

flow ts to fully disinfect the affluent which is required by the DEC as part of the issuance of the

SPDYS permit for the facility. Any questions on that or did I...

applicable constituent.

village currently the chemical bulk storage permit includes the bulk ferric tank and three totes of

sodium hypochlorite and the revised, well proposed, system will require the village to revise that

permit to reflect the new storage condition.

SOMEONE FROM THE AUDIENCE YELLING OUT

NY State...] understand. I work in this industry; | am asking the questions. Ok?

SOMEONE FROM THE AUDIECE STILL COMMENTING...

with CBS requirements regardless. Whether the compatibility issue is there or not, they are going

to have to get somebody to do a fire and building code assessment against these chemicals. They

are nol there yet clearly. Ok, keep going.

Jamic Newtown; No, | think that is good on the chemicals. Now to the DEC permit.

Pg. 22 February 14, 2023 Zoning Meeting

to get its own SPDYS permit and currently the village is a significant outside user permitted by

the town and so when speakers say, that no one oversees the village wastewater treatment plant,

that is not true, the town does. The town through its significant SOU permit has every right that

if something is not being done correctly, or if they can show that something the village did at this

plant that caused the DEC to find the town, they can certainly charge that back to the village so

presently the village is subject to regulation in oversight by the town. The town decided, well

after the village decided that it wanted to not combine wastewater treatment plants and they did

that on their best, with the information that they had that in the long run it was going to be less

costly for village residents to keep its own plant than to have a combined plant. Then that caused

the town to say, then you have to get your own SPDYS permit and to get your own SPDYS

permit, the town can no longer to the disinfection and so why that is going to be done at the

village plant. The two entities will stil! share the common outfall into the lake, but the town will

not be doing any treatment of village affluent at all.

combination, right?

doing the vast majority of the sampling at the existing affluent box at the center of this site, but

my understanding is that the village and the town are working on a shed, for a lack of better word

to be located at the town site if there needs to be any sampling there to allow for that capacity. I

think there is an intermunicipal agreement that worked out between the two municipalities.

the design and the construction of the towns new sampling point. I do not think it is going to be

ashed. It sounds like it is going to be some kind of a manhole basically that the town will get it

is sampling from, but the village has agreed that it is going to pay for the construction of that,

The design and construction of that new sampling point. So, before the village can apply for its

own SPDYS permit, it must first obtain the approval from this board. It cannot do it first. You

cannot apply because the DEC is not going to go through all the process of reviewing a SPDYS

permit application only if we came back here and then you denied this application. Then it is all

for nothing so the DEC, you have to get all your local approvals first and then you submit

everything to the DEC.

points are in the system are, correct?

this project and the scope of the improvements and design improvements is outlined in the

Pg. 23 February |4, 2023 Zoning Mecting

preliminary engincering report that was completed last fall. Reviewed and accepted by the DEC

and that is the baseline for what we are discussing here today and just amend and to clarify what

Don said, the drawings and the updated engineering report and specifications for this project

must be submitted to DEC and other regulatory agencies before the village can proceed any

further with this project. That submission can not take place till the local approvals are received

including approval of this board. That process is separate but related to the process with which

DEC develops the SPDYS permit for this site. So, the process with which the DEC develops the

SPDYS permit is underway in parallel with this effort to complete this and secure local

approvals. So, there maybe a draft version of aSPDYS permit as soon as later this month but we

have not seen it yet,

that the village sewage treatment plant that 1s not directly responsible to DEC, currently it would

inform the town ofa violation and the town in turn would take that up with the village.

have a CBS permit; they have registered bulk storage on site; there are aspects of this operation

that the DEC INAUDIBLE waters whether this is or is not, there are certain aspects that the DEC

certainly a 100 percent has jurisdiction over it. It is not like that they are just hands off.

SPDYS permit, now they get fined directly by the DEC, am I right?

have the DEC oversee that plant a littke more strictly than they are currently. Am] wrong?

the town.

this significant outside user permit for the last fifty years and in my view, the relationship has

worked and there has not been any serious, significant issues.

grant you the permit so leaving the plant as is, the village can not get a SPDYS permit, correct?

transition from one trickling filler to two are specific DEC requirements. There are other smaller

Ps, 24 February 14, 2023 Zoning Meeting

aspects of the this. Although they represent improvements of the facility, and Tam sure that the

DEC would agree that it would benefit the Weatment. They are nol specifically highlighted by

the DEC right now as mandatory,

12x 12-15 x 15 that currently has a 6000-gallon tank in its INAUDIBLE chlorite.

the location of the chemical bulk storage could not be where that currently sits?

where the ferric chloride is currently. I just don’t think there is room for it. INAUDIBLE

gallon tank and three totes.

adjacent to one another with secondary containers, separate secondary containers.

room for operator access; there is room in there for getting in there with equipment; heaven

forbid there is a spill, and you need to remove the chemicals from that secondary containment

are. So, although the footprint of the bulk storage tanks and the curb that provides secondary

containment for them is smaller than roughly 2000 square foot building than we are proposing

there is extra room generally for access and storage for chemical equipment.

tanks and we are talking probably 10 to 12 feet high and probably 10 foot in diameter tanks,

roughly. Just a guess but that is probably what they are. It just seems excessive for this storage

for two 6000-gallon tanks. Especially when you are strapped for cash and cannot make other

improvements to the site. |] am not sure why you would build a 2200 square foot chemical bulk

storage facility. I guess for me personally, | would like to better understand that. Could some of

that money be offset to make improvements that the neighbors are inquiring. Furthermore, back

on this INAUDIBLE participation, at no point in this process has the village engaged the

community or set letters to at least the Wahl Road 250 residents to have a discussion about what

is being proposed or some of the prior complaints. Is thal based on the past icgal action? Is that

why there is an avoidance?

knowledge, there has been no discussion of engaging in such a process.

Pg. 25 February 14, 2023 Zoning Meeting

community engagement and participation. [thought that ts what Webster was ail about bul

maybe not, so. Will leave it at that. Is there any other comments or questions? For me, | would

really tke to better understand this. The necessity around the 2160 square foot proposed

chemical bulk storage facility and certainly I think you have heard the comments from the

neighbors regarding appearance of the site. There are opportunities to do some shuffling of the

proposed funds for this to maybe clean some of the site up.

the faciltty.

of dangling? Ok, so ! guess we are talking about the same thing. I am giving you my point of

view. | am not prepared to make a vote unless you guys are. [am not prepared to make a

decision on this. I would like to more information on what could be done to improve the

esthetics of the facility and the necessity of this excessive chemical bulk storage facility.

is no plan for it but as Mr. Newtown has said, it just seems excessive for the presented use.

threshold?

Pg. 26 February '4, 2023 Zoning Meeting

The comments are, the general appearance of the facility; the metal pole barn structure that sits

on the creek and if I think I remember, it is a couple different shades of paint right, the gate

access on that side ts ok I guess, it is ina little bit of disrepair; the fencing and some of

additional screening or shielding; What can be done by reducing the cost of this chemical bulk

storage facility that will allow you to make some of these other changes that impact the

neighbors. From my point of view, the trickling filters I get it, they are a smaller footprint; they

are new and upgraded and they meet the requirements. Maybe you want to draw a line in the

sand regarding lighting, you know, what you are proposing so that we have something that is

concrete.

through the Planning Board?

Committee meeting and the Planning Board did not see that they needed to review it because it is

not really a public accessible site.

plan which is going to be the finalized location of the building; the building sizes; lights?

proposing any subdivisions so I do not believe the Planning Board chairman signature would be

required,

approved vs what is being constructed and is there going to be a building permit issued by the

town?

reviewed and issued a permit by the town, and we would also be reviewing all the specs of the

trickling filters and the prefabricated components of the project.

trickling filter compared to the current structure.

proposed new structure are significantly below the tree height in that area.

Pg. 27 February 14, 2023 Zoning Meeting

Jamic Newtown; Ok, so just to reiterate, clarity on the lighting what does that look like; any

potenual INAUDIBLE assesses on the chemical bulk storage facility that you could leverage to

make some other site improvements; What was the last one he just said? Yes, at a minimum,

what can you do?

permit. You are getling some quotes on fencing. What is the time frame on that; what is the

decision-making process; how does it tie into the overall project for the improvements to the site;

is it something that you are going to get quotes now and you are going to evaluate them over the

next year or two years, something concrete around some of these improvements.

proposed? I[s that...

creek, the fence, one challenge is, there is a set construction budget for the project and so no one

has a crystal ball so I cannot tell you what the bids are going to come in at on bid day. So, if we

make the building smaller and say we estimate it is a half a million dollars cheaper and then we

try and put in half a million dollar of improvements to the sledge drying beds and the bids come

in way higher than we think, something has to be subtracted and so one of the ways we do that is

using alternates adding and deducing alternates to give us flexibility but I just wanted to

acknowledge that if we could predict with perfect clarity how the bids were going to come in we

would be able to predict with more clarity how many site esthetic improvements, building repair

and improvements, could be included here.

Pg. 28 February !4, 2023 Zoning Meeting

next step, lets get some additional details on the few items and then revisit this, So, the next

mecting is Tuesday, March

14. Matt Higgins: And the three things again are clarity on lighting; can the building shrink a bit; and

some esthetic repair.

plant. Show us and excuse the language, crap about the neighborhood, right. | think that pretty

much sums up everything they have been saying. I guess if ] were the mayor, | would probably

have a public meeting and chat with them but that is his discretion. If you could make that

request to table that to March 14, are you good with that?

RESOLUTION 23-002 Jamie Newtown made a motion to TABLE

APPLICATION to March 14, 2023, meeting. which was

seconded by: Donald Hauza. (Applicant to provide details

on height of tanks; filters; lighting; building size; and

repairs that are needed)

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Stappenbeck AYE

give clarity about the height is because do we design that building to a 100 percent and then

come here and must shrink it. So, it is a give and take. Where we are trying to provide

INAUIDBLE

is all you need, it is going to be 28-30 feet or 40-42 fect, you get the point.

Pg. 29 February 14, 2023 Zoning Meeting

(Corrine Volo read the second application)

1650 RIDGE ROAD AUTOMOTIVE DETAILING SHOP: Located at 1650 Ridge Road.

Applicant Tesley LLC/Steve Schlegel is requesting a USE VARIANCE (

PUBLIC HEARING

)

to allow an auto detailing business within a portion of an existing storage building on a t.12-acre

parce! having SBL# 081.01-1-62 located in an LC-II Low Intensity Commercial District under

Sections 350-17 and 350-102 of the Code of the Town of Webster.

Appearing before the board was Steve Schlegel, owner of Tesley LLC which owns 1650 Ridge

Road. I am also the President of Steve’s Cutting Edge Lawncare who is the primary tenant in the

building and renting the majority of the space. So, within my application I filled out the use

variance application and statement of hardship. I think I kind of touched on each of those five

points there and how [ met them. A couple of things that I would like to highlight, is kind of the

(PAPER RATTLING) no reasonable nonuse of return so included in my application I provided

financials for both Tesley LLC showing the expenses that it has had with that property. (A LOT

OF PAPER RATTLING) When the building was constructed there was almost 100,000 dollars

in access expenses and the construction cost. A lot of that was due to the timing of the economy.

So, one of the things that | did get some information on since our last meeting was kind of the

material cost. So, for example lumber. When we started looking at the building in December, the

2x 4x 20 was eleven dollars and when we actually built the building it was twenty dollars, so

the price of lumber pretty much almost doubled from December when we planned it until June

when the shell went up. The actual lumber index which is the actual official number was 341.00

dollars in December and in May it was 581.00. Same thing in January, the steel index was 2.08

and then it went up to 343.00 dollars by the time we built. Similar thing with concrete, when we

did the floor, we had a hard time even getting concrete because that is when Amazon was

pouring there, however big square foot facility so we had some extra costs associated with the

building that we were not anticipating which added up to about 100,000 dollars.

So, what we have been trying to do in order to make ends mect and to be able to pay the

mortgage, because we took out another {00,000 dollars on that mortgage is to rent out some of

that space in front of that building. Our original intent, and our intent is still to have all thal space

and use all that space to store our tractors for our landscape business, but our growth has been a

little slower than we anticipated in terms of when we need that space, so we are still 3-5 years

oul from taking that space back. For the next few years, we are trying to rent that space out and

then be able to kind of pay off that extra 100,000 dollars that we were not anticipating having to

take on. That was kind of a no reasonable return. The unique circumstances on that, what we are

looking to do with that property...we have tractors come out or go out for snow removal and

come back. We have to clean them out afler they come back and go through and kind of shine

them up and the proposed tenant does automotive detailing and the only difference there is he is

going it to a car, and we are doing il to a tractor. The proposed tenant is one of our employees

that docs snow removal for us. Essential character, there are a lot of business in similar nature if

you go up and down that stretch on

104. Whether it is auto detailing or full-blown automotive

shop which is not what we are proposing. We are just proposing for wash and wax on the

outside of the car and interior detailing, So, vacuuming out, shampooing, stuff like that and not

Pg. 30 February 14, 2023 Zoning Meeting

automotive repair and those things are occurring up and down that section which is zoned LC2

right now. I talked a little bit about the not self-created and those expenses that we had. We did

try, we had an ad out there to rent it and a lot of the responses thal came back were all

automotive related and a lot of them with a higher intensity automotive then what we are secking

for today. There reatly is no other remedy that we can come to because of that extra 100,000

dollars that we took on.

So, I did include a copy of Steve’s Cutting Edge Lawncare tax return from 2020 and that is the

most current one that we have because they haven’t been done for the past year yet and on that

tax return I have copies of the full tax return if you want to see any of the numbers that are

blacked out but it shows a 40,000 dollar lost for that year and it’s not like Steve’s Cutting Edge

Lawncare can pick up the extra mortgage payment on that. What questions can I answer for the

board? One thing that I forgot to mention, I did have a bunch of letters from the neighbors

nearby and those were included in your application packets as far as letters of support.

and January and then we went through the spring months, and we got our building permit right

around June and that is when we started construction. So, the cost between January and June on

that building went up 100,000 dollars.

where we were housing our tractors and that property was sold and we tried buying that property,

but we were not able to buy it. So, without this property we had no where to store our tractors

and we had no onc to store our tractors to continue serving roughly 1500 Webster residents for

snow removal service. So, we were going to have to discontinue that service for the residents if

we did not put up that structure,

Peg. 31 February '4, 2023 Zoning Mecting

clected to construct something and it was 100,000 dollars above your business plan numbers.

Does anyone have the allowed uses for the LC2?

would you like me to go through all of them?

the permitted uses.

350-16LC Class I Neighborhood Commercial District.

{Added 6-17-1993}

The intent in creating this district is to encourage the location of smaller-scale business

establishments in this district. Typical low-intensity commercial uses offer administrative

and professional services, persona! services and retail shopping, which have minimal

detrimental impact on adjacent uses. Such uses are located primarily in single-purpose

buildings or multi-use buildings of less than 5,000 square feet. These uses are also

characterized by low vehicular traffic generation, limited nighttime operation and heavy

pedestrian traffic. A limited range of low-intensity commercial uses are also appropriate

for lots which cannot meet standards for conversion to commercial use in medium-

intensity commercial areas. Such lots would be required to maximize compliance with

landscaping, parking and setback requirements of this district and limit the scale of

operation and the number of employees. The following shall apply in the LC-I District:

A.

Permitted uses shall include and be illustrated as follows:

(1)

Accountant office.

(2)

Antique and secondhand store.

(3).

Appliance repair and rental store.

(4)

Architectural office.

(5)

Art supplies.

oy

Pg. 32 February 14, 2023 Zoning Meeting

ry

ern

ze

rts and crafts studio.

zB

ttorney office.

Fees

3

arbershop, beauty shop.

E

kstore.

iss)

io)

°

EE

ak

ontractor's office, no accessory or outside storage.

ok ary

ad

andy store.

sb

G

atering establishment.

Of

fp

lothing and dry good store.

O(a

oO

ommercial art gallery.

e

Dressmaker/tailor.

S

leaner.

oO

“a

O

7 fo

o

lorist.

E

rc

a

ardware, paint, and wallpaper store.

ae

nsufrance agency.

1

Jewelry, leather goods and luggage stores.

22

Laundromat.

3

Liquor store.

BEBE

B

Pg. 33 February 14, 2023 Zoning Meeting

ry

r

Locksmith.

25

Management consultant office.

26

Manufacturer's agent office.

SEP

as

be |

usic store.

ae

oo

2

ollateral loan broker.

0

hotographer studio.

31

hotographic equipment store.

2

eal estate office.

33

estaurant-cafe.

34

Retail print shop.

3

hoe repair shop.

36

ign-painting facility.

SRIEZEEE

ae

E

a

2B

W fe

~J

porting goods store.

ale (X)

oo

axidermy shop.

3

obacco store.

40

oy store.

a

28

E

Travel agency.

42

pholstery shop.

as

usical instrument repair shop.

Pg. 34 February 14, 2023 Zoning Meeting

43

Parcel pickup/drop-off.

4

Video tape store.

45

Watch repair shop.

(46)

Communications towers upon the issuance of a special use permit by the Town Board.

[Added 12-21-1996 by L.L. No. 8-1996a]

[2]

(47).

Other similar uses which are not permitted in any other commercial district upon a

finding by the Planning Board that such uses are of the same general character as

those permitted in the district and that such uses will not be detrimental to the other

uses within the district or to the adjoining land uses.

B.

Dimensional requirements shall be as follows:

ro

Bees

QQ)

[ Minimum lot area: 15,000 square feet.

(2)

(3).

(4)

(5)

Minimum setbacks:

{a)

(b).

Side:

[Amended 9-3-2009 by L.L. No. 2-2009]

fy

(2)

[ Driveway: five feet, except in the case of a flag lot or a common driveway.

Pg. 35 February 14, 2023 Zoning Meeting

L

a

[e

Minimum buffer area (except where the district buffer area is applicable):

e

e

ie

Cc.

50 feet. Upon a finding of the Planning Board that additional buffering is desirable

because of the variation in levels of intensity of use between the districts, the buffer may

be increased to 100 feet.

[Amended 2-18-2010 by L.L. No. 3-2010}

D.

Site plan approval under Chapter 269 of this Code is required.

350-17) Josh begins reading some the permitted uses.

§ 350-17LC Class Il Low-Intensity Commercial District.

[Added 6-17-1993:u amended 12-21-1996 by L.L. No. 8-1996; 9-3-2009 by L.L. No. 2-

2009; 2-18-2010 by L.L. No. 3-2010; 10-7-2010 by L.L. No. 9-2010]

The intent in creating this district is to accommodate existing residential uses.

Appropriate uses in this category include existing attached and detached single-family

dwellings and multiple-family dwellings. New commercial development shall employ

architectural styling and detail that is consistent with the residential nature of the

surrounding area. New residential development with access from Ridge Road should be

discouraged. However, conversion of existing residentia! structures to more-intensive

residential uses is appropriate for lots which do not meet standards for conversion to

commercial use. Multiple-family dwellings are also appropriate in conjunction with a

limited range of first-floor commercial uses on lots which do not meet development

standards for low- or medium-intensity commercial uses. The following shall apply in the

LC-Il District:

A.

Permitted uses shall include and be illustrated as follows:

Py, 36 February 14, 2023 Zoning Mecting

L

L

[Amended 3-3-2016 by L.L. No. 1-2016}

(1)

All those permitted in the LC-I Neighborhood Commercial District.

B

Bank, credit union.

iS

Restaurants, take-out, excepting those with drive-through facilities.

[Ss

Communications towers.

e

"Mini storage" or self-storage facility or facilities.

(6)

Other similar uses which are not permitted in any other commercial district upon a

finding by the Planning Board that such uses are of the same general character as

those permitted in the district and that such uses will not be detrimental to the other

uses within the district or to the adjoining land uses.

(7)

Uses requiring a special use permit by the Town Board, pursuant to Chapter 269, shall

be as follows:

(a)

Permitted uses greater than 5,000 square feet.

(b)

Combinations of permitted uses into larger buildings, providing that the architectural

style and detail is consistent with the residential nature of the surrounding areas.

(c)

Outdoor sports facilities.

(d)

Indoor sports facilities consistent with Subsection A{7){a} and (c) above.

B.

Dimensional requirements shall be as follows:

(1)

(2)

(3)

(4)

Pe. 37 February 14, 2023 Zoning Mecting

on

iS

Minimum setbacks:

fs

oR

riveway: five feet, except in the case of a flag lot or a common driveway.

e

S

Minimum buffer area (except where the district buffer area is applicable}:

=

e

a

Cc

50 feet. Upon a finding of the Planning Board that additional buffering is desirable

because of the variation in levels of intensity of use between the district, the buffer may

be increased to 100 feet.

D.

Site plan approval under Chapter 269 of this Code is required.

because under the advisor of the town we thought we could get tt through the Planning Board

because the way the town code is written and all the detailing is lumped in with automotive

service repair, a full-blown automotive repair garage and that is not what we are trying to do but

Pe. 38 February 14, 2023 Zoning Mecting

the towns code does not distinguish those two. So, what we are trying to do is a much lesser

level,

half ago. | mean we have one year of financial data; we have a gentleman that probably should

have re-evaluated his business plan when he started construction knowing this was 100,000

dollars higher. St just feels like the burden is coming back on us.

very difficult one here. That is the nature of zoning. The case laws replete with the Zoning Board

can not fix the difficulties of an owner who paid too much for a property and the final analysis,

that is really what we have here. I just want to make sure I understand one thing here, the

alternate uses that are allowed include an automotive use but a more expansive use then in this

one. Did } hear that right? OR am ] misunderstanding it?

about...

Josh read was any other use not listed anywhere else in the town code it could include and in the

town code it does call out automotive use in a medium intensity area nut it does not call out auto

detailing. So, the towns view to my understanding, and correct me if am wrong Josh, they lump

everything having to do with a car under that one category right now which requires that very

high level of zoning.

that is how it has been handled in the past.

and cicaning the outside of the tractor. lt has an engine and four tires. We just want to do that to

an automobile now.

Pg. 39 February 14, 2023 Zoning Meeting

those spaces and the total square footage is just over 2000 square feel.

and we are looking for this as a short term and I do not know if that is a condition the board

would entertain putting on (CORRINE VOLO SPEAKING TO JOHN DEMARCO) it if it would

just be for a blanket use but we are just looking for the next 3-5 years so we can help pay back

part of that loan.

Jamie Newtown having a conversation with Don Hauza. Jamie Newtown: There are other ways

to look at this other than a use variance because to that point. Don Hauza: | do not think a special

use permit is allowed in an LC2 area.

feet. EVERYONE YELLED OUT, OVER 5000.

A special use permit would make more sense in that it could be revoked whereas a use variance

stays with the property while in your mind it is temporary, it is not according to the law.

that out. | understand the use variance stays with it and that would be ok, and I guess my

message to the board is Lam looking to use that for that next 5 years and itis with the property, it

Pe.40 February 14, 2023 Zoning Meeting

is with the property. [already went to the Planning Board once and now | am at the Zoning

Board and if IT need to go back to the Special Use Board OR the Town Board rather that is

certainly something | would do but the reason Tam here ts, one of the reasons is the financial

hardship and every time | fill one of these processes out, 1 drags it out another month or two

along with application fees and all of that but if that is the process | need to follow I totally

understand that but there was a recent use variance within the last year or 18 months for an auto

detailer in the same LC? district and I understand the terms were slightly different a little bit but

it was oul of a residential house for auto detailing.

a bit different than what we are talking about here. We will not get into the details; [think you

know enough about both applications so.

years of trying to market the property and that property sat for a lot of years. Ido not think any

of these variances were granted for financial hardship have been less than five or more years of

trying to sell it for an appropriate use. So, it is just struggling...the time period significant

enough to prove financial hardship as opposed to, | want to say bad business because the market

just flipped upside down on everybody but there is just not enough there and the other question

that 1 have that maybe matters and maybe doesn’t, for 2,000 dollars a month for that kind of

space for somebody to wash, polish and make the inside of my car nice, how many cars have to

go through there? That seems like a lot of traffic that would not normally be at the site, but |

never hired someone to detail my car besides like a Delta Sonic so.

dollars for the detailing work on the car so, A lot of it are higher end nicer vehicles. It is not

your 50.00-dollar Delta Sonic in and out 20 minutes later. The cars are all stored inside and if

anything is left over overnight and customer drops it off and a few hours later. There is very

lide outside stuff going on there, Most of it is inside.

used as auto detailing al some point and (me, (EVERYONE HAVING CONVERSATION}

Pg. 41 February 14, 2023 Zoning Meeting

Planning Board and restore tt at that ime. Although, EP think it is going to be dead on arrival here.

things that fall under that

for the ca Board of pice (JOSH READS FIRST PARAGRAPH OF CODE 350-103)

§ 350-103Special permit process for Zoning Board of Appeals. [»

[Added 11-5-2009 by L.L. No. 3-2009}

A.

Purpose. Special permit uses are those uses having some special impact or uniqueness

which requires a careful review of their location, design, configuration,

and special impact to determine, against fixed prescribed standards, the desirability

of permitting their establishment on any given site. They are uses which may or may not

be appropriate in a particular location depending on a weighing, in each case, of the

need and benefit against the local impact and effect.

Josh Artuso; So, there are certain standards associated with that type of special permit and the

process for the Zoning Board.

left it for review if it does not go as promised before it can revoke that special permit.

Josh Artuso; Right, it can be granted for a period, a specific period and it would also require

approval of this board for any future modification or expansion..

SAME TIME) alter a certain period of me, like one year.

Py. 42 February 14, 2023 Zoning Meeting

sending it to the Fown Board for, because again, the provision in that said a combination of

permitted uses in that district. So, [do not necessarily think that is the best fit to go that route and

we already brought this to the Planning Board under the provision LC2 that allows them to

provide a finding that it is similar lo other permitted uses, and they felt that it needed to come to

this board. They did not feel comfortable making that decision.

what does INAUDIBLE special use permit and what was the other one? A special permit?

use permit under certain circumstances and then this board under other. The Planning Board can

also issue special permits as well that did not apply to this.

but a special use permit with more contingences tied to it under stricter control for a specific

amount of time?

this is going to fly with the use variance. Ido not think we have cnough data; it has only been a

year and six months; it was a business decision, and it is pulling a lot of decision making on this

board that [do not think this board really wants to make in terms of how you constructed a

building and now you need to get reprieved from allowed uses. So, if we can have another

mechanism such as this permitting process than we need to investigate it.

Pg. 43 February 14, 2023 Zoning Mecting

property?

department suggested that it go under the provision of LC2, and other permitted uses as found

appropriate by the Planning Board so that is how we initially brought it to them. | could pull up

that section of the code and quickly see if that is more appropriate.

involves | guess a referral from the Town Board so.

evening. I think we need to look at these other two avenues from Planning Board for the special

use permit or the special permits under the Zoning Board for section

350. How do you want to

handle this? (ASKING THE BOARD)

to be one year and one year is probably not going to change the financial criteria that the board

would be looking for the use permit but since the board is not going to vote on il if you withdraw

the application, you reserve your right to pul the application back in front of this board but

INAUDIBLE if you withdraw it and get back over 10 Town Hall and try and get a determination

through Mr. Artuso as to whether the application is best to return in terms of a special use permit

before this board or Planning Board. Josh, it does not have to go through the Town Board if it

goes via the Planning Board.

better than going through this board under this application. So, discuss it with the town and see

which is the more appropriate board and then come back essentially with the plans that you have

now,

Pg. 44 February 14, 2023 Zoning Meeting

the town and then elect to withdraw it

recommendation.

conversations to determine what is (EVERYONE TALKING AT THE SAME TIME)

always come back if necessary.

Josh and the town. If you elect to withdraw it then we just withdraw the application and submit a

revised application for either the Planning Board or for Zoning Board.

RESOLUTION 23-003 Jamie Newiown made a motion to TABLE

APPLICATION TO MARCH 14, 2023 meeting

which was seconded by: Donald Hauza.

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Stappenbeck AYE

Pg.45 February 14, 2023 Zoning Meeting

(Corrine Volo read the third application)

233 INSPIRATION POINT ACCESSORY STRUCTURE: Located at 233 Inspiration Point

Road. Applicant Martin Parent is requesting an AREA VARIANCE (

PUBLIC HEARING

) to

allow the placement of an accessory structure closer to the front property line than the main

residence associated with the construction of a 1,040 SF accessory structure on a |.7-acre parcel

having SBL# 078.13-1-14.1 located in an R-3 Single Family Residential District under Section

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

Appearing before the board was Martin Parent. | do not know where you want me to begin.

Everything is in front of you, but we are looking at (BOARD MEMBERS SPEAKING WHILE

APPLICANT IS PRESENTING) It is Inspiration Point and there is nothing behind the house

expect for a hill so the only place we can put the structure ts in front of the house. We have about

a 400-foot driveway; it cannot be seen from the road.

Martin Parent at 233 Inspiration Point.

old boat; old pickup truck; my lawnmower. We have a 1972 odd ball design of a home where the

roof line is, in the entrance, our garage comes way out from the house so we use if for our

entrance instead of the entrance that goes along the side of the house, and it is just not practical

to put much in there and this would be a plus if we could get it. Plus, if you look, we are

matching the home, our roof line, it has this weird roof lines and we are matching this garage

with the home. Siding and everything the same because we want it to look good. It is important

to us. We have a very nice home, and we want it to continue to look very nice. There is only one

neighbor that could see the home. Again, that is only this time of year, but he is probably a

couple hundred feet away and it does not block any view. He has no view of the water so [do

not think that would be an issue. I did not reach out to him. I think that anyone who has looked

down there knows Inspiration Point. There are also an existing garage two doors down from us

that 1s across the driveway that 1s not attached structure, so we are not the only ones.

before it goes down the hill, They did that for a reason, they wanted the view. Unfortunately, in

so doing, they prohibited anything else to be constructed on that property without the need of a

variance.

to speak for or against this application.

Pg. 46 February 14, 2023 Zoning Mecting

Jolin D’Aurizio at 249 Inspiration Point about six houses east of this, His an interesting area

and l understood Mr. Hauza’s comment that the houses were pushed back. Another factor in

building accessory structures on this is that after our homes were built the coastal erosion

management regulations were put into effect and DEC chase to map the top of the bank close to

our houses which effectively prohibits us from building and to be honest with you, tf our houses

burned down we may not be able to rebuild them in compliance with that regulation but it

prohibits us from building within 25 feet of the top of the top of our bank and DEC has said that

the bank ts right behind our houses. So, there ts a.... from the time the houses were built there

has been a law enacted and a regulation enacted that prohibits us from building anything behind

our house. LP certainly have no objection to your plan to build a garage there. Again, | share. I

am not building a garage, but i share the same difficulty where it is hard to store things when

you are back yard is as limited as ours and DEC says we cannot do anything 25 feet from the top

of the back down to the water except put in stairs. Again, lam in favor of the plan and just

sharing that there is hardship there because of the DEC regulations and I really do not see any

other alternative. [share the same thing, there is no alternative to storage.

yeah,

the existing garage on the west side

John D’Aurizio would have set back problems there. We are close to the property on the other

side. What else, so there’s.... do not have pictures to show you.

door as well as the patio. Yeah, that was never looked at and Lam sure that would not be an

option. There is only, l cannot say, maybe 50 feet to my neighbor's property if that and the

septic and leech field ts there.

RESOLUTION 23-004 Jamie Newtown made a motion for a TYPE IE

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Stappenbeck AYE

Pg. 47 Pebruary 14, 2023 Zoning Meeting

1. This request is not out of character in the neighborhood: There is a properly two doors

down that was given a similar variance for a similar reason. The lot itself is unique and

with this configuration the houses are pushed close to the cliff edge and DEC has limited

what can be constructed behind the house up to that edge of the bank edge. It is similar

also in respect to the houses along Lake Road where you really do not want to pul

anything that impacts your view behind your house.

2. There will not be a detriment created to nearby properties: Where this is located, it is in a

heavily shielded area from trees and shrubbery, and it is probably a good 200 hundred

feet from the only house that might be able to see it and only partially during the year

when the leaves are not...the trees are not fully leafed out.

3. The benefit is not achievable by any other method: As the board had requested, it can not

be added to the existing garage in that it either covers windows or it would be over the

septic system which ts not something that you would want to happen.

4. This request is not substantial: It is less than 1200 square feet and less than 1100 square

feet which is not an excessive size for an accessory structure.

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

and I would say in this case, it is not self-created, and that the builder placed the house

where he did which limits your ability to put any addition for storage space.

6. The difficulty is not self-created:

7. This is not an undesirable change:

8. This request is not significant:

[E Jamie Newtown: I would just add that the applicant has designed the structure to match the

contemporary design of the house.

RESOLUTION 23-005 Corrine Volo made a motion to APPROVE THE

AREA VARIANCE Located at 233 Inspiration

Point Road. Applicant Martin Parent is requesting

an AREA VARIANCE (

PUBLIC HEARING

) to

allow the placement of an accessory structure closer

to the front property line than the main residence

associated with the construction of a 1,040 SF

accessory structure on a }.7-acre parcel having

SBL# 078.13-1-14.1 located in an R-3 Single

Family Residential District under Section 350-36 of

the Code of the Town of Webster which was

seconded by: Donald Hauza.

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Stappenbeck AYE

[ Pg. 48 February 14, 2023 Zoning Mecting

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall occur to expire February 14, 2024.

(Corrine Volo read the fourth application)

1437 BRIARFIELD WAY FRONT PORCH EXTENSION: Located at 1437 Briarfield Way.

Applicant Richard Vander Horst is requesting an AREA VARIANCE (

PUBLIC HEARING

)

to allow a 47° front setback, where 50” is required associated with the extension of an existing

covered front porch on a 0.55-acre parce! having SBL# 050.04-4-30 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 Richard Vander Horst at 1437 Briarfield Way. I currently have

a smal! porch more of a stoop with a covering over it. We have a southern facing house so as we

are getting a tot older, it is getting a lot hotter in the back of the house to sit outside so we were

looking to find another covered porch that we could utilize. So, the front of the house has that

space except in order to make it wide enough to get a couple of chairs and a table on, I needed 34

inches or 31 inches into the setback from the street. Everything with the project will be built to

match the house and it will look as nice as any other porch in the neighborhood.

speak for or against this application. Please state your name and address.

Kirsten Campisi at 1441 Briarfield Way. 1 spoke the last time when he was putting his extension

for his garage. Good neighbors, fantastic neighbors. L know what he wants to do with his porch,

unfortunately he has champagne taste on a postage sized lot; he has already expanded his house

humongously and [know his porch will look nice but if he puts a bigger porch on there, fam

kind of wondering, putting a bigger porch on your house, does that increase the value of your

home? That is my question.

windows and roofs, it is all esthetics, and you are not usually looking at a major cost to the home

it is more of an esthetic appeal. Like { said, I am not speaking as a real-estate expert.

like a curb appeal thing. | know adding a half of house onte the house you already had and a

bigeer room int the back of the house, Tiunderstand that but having a bigger porch not

necessarily. [know they entertain a lot in the summer and the entertain in the back yard where

the pool is, and they have awning thingies like that, and [know that they do not sit on the front

porch because it ts not big enoueh. Edo not know that they will if they have a bigger porch, but

Pg. 49 February 14, 2023 Zoning Meeting

they do entertain a lot, but they are usally out in the back yard, but they are good neighbors

and have very nice property, but Lam just kind of wondering if this porch is necessary to

increase the size of itand get a variance put on it. That is my concern but other than that, they

are fantastic neighbors so that is my only concern.

need to be direct to the point. (LAUGHTER)

house, but I do not think they need to make it wider. If they want to extend the length of it, that is

fine.

going to impact your site or anything?

were kind of like Ehhh, I had to give into that. I was just wondering if it helped with the value at

the house or not and apparently, it is not.

house.

is the right word.

cannot sit on my patio in the morning because the sun is there and I cannot sit on my porch in the

afternoon because the sun cooks me, so we get such a short season, I like to have coffee outside.

I know we have seen a lot of porch additions with the pandemic. People seemed to have spend

more time on their porches then they ever did before. The porch right now, there is not enough to

put a chair there, [tis just enough to open the door and step off it so.

we will return the discussion back to the board.

Pg. 50 February 14, 2023 Zoning Mecting

;

RESOLUTION 23-006

VOTE:

Jamie Newtown made a motion for TYPE IT SEQR

which was seconded by: Barry Barone.

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauvza AYE

Mr. Stappenbeck AYE

the INAUDIBLE of porches and you can probably attest as a builder, that people are starting to

move back to front porches on property with some kind of roof and protective structure around it

so. [think from an esthetics point of view, it will certainly look nice.

1. This request is not out of character in the neighborhood:

2. There will not be a detriment created to nearby properties: None by any means. You are

nol going to put the porch somewhere else. It is going to go where the existing porch is.

DI AWE YW

The benefit is not achievable by any other method:

This request is not substantial:

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

The difficulty is not self-created:

This is not an undesirable change:

required, 47 feet setback.

is important. He had a variance last year for the garage. I was pretly impressed. There was a big

deal about saving the trees, you pul a retaining wall and saved the trees. He did a good job. I

anticipate he will do a good job with this too.

RESOLUTION 23-007

Griff Stappenbeck made a motion to APPROVE

THE AREA VARIANCE Located at 1437

Briarfteld Way. Applicant Richard Vander Horst is

requesting an AREA VARIANCE (PUBLIC

HEARING) to allow a 47° front setback, where 50°

is required associated with the extension of an

existing covered front porch on a 0.55-acre parcel

having SBL# 050.04-4-30 located in an R-3 Single

Family Residential District under Section 350-12

of the Code of the Town of Websicr

which was seconded by: Corrine Volo?

Pg. 51 February 14, 2023 Zoning Meeting

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Stappenbeck AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall occur to expire February 14, 2024.

(Corrine Volo read the fifth application)

1008 GLEN EDYTH DRIVE DOCK SETBACK: Located at 1008 Glen Edyth Drive.

Applicant Five Star Chili Properties, LLC is requesting an AREA VARIANCE (PUBLIC

HEARING) to allow an 8’ side setback where 10’ is required associated with the legalization of

an existing 4° wide by 50’ long permanent dock on a 0.35-acre parcel having SBL# 078.18-1-80

located in an MHR Medium High Residential District under Section 186-13 of the Code of the

Town of Webster.

Appearing before the board was Bill Howard and owner of 1008 Glen Edyth Drive. I requested

a side variance for the dock that was installed by a contractor that was supposed to come here

and get the variance to correct the problem that happened but he kind of bailed out on it and

things have happened, so I am in front of you to try and rectify the situation.

out their permits on their docks, so | had my surveyor go back to check it and found out that

there was supposed to be 13 feet off the side, and it ended up being eight two | believe.

cottage on 1008 when we began. |] came into the town and got a permit to remodel that from Rod

when he was tn the Building Department, Building Inspector. | applied for shoreline permits so

we were trying to develop this property and the neighbors three doors down Jocked us out of our

site, so | had to get a court order to open the gates because they barricaded it and chained it. We

have just been through a lot with this property, and | know Josh is aware of all this. We have had

town meetings trying (o rectify this and we are in litigation with the three neighbors now so,

what are my intentions now? It is a good question, and | just did not realize the hornet’s nest that

I was gelling into when we bought this property. [thas been an eye-opening experience and we

have becn trying to get through it so now to rectify with DEC is involved in this to sec because

Py. 52 February 14, 2023 Zoning Mceting

the tide side contractor that installed if from Sodus they have been after them and they thought

they could find them and they were not able. [had police reports taken because they cut the

dock. It has just been... he just bailed on everything, so I am in front of you to rectify the

situation. He is not going to do it and I can not get the other permits that I have applied for until I

gct this side setback done and some of the other issues that are going on.

that approved by the town to Josh, right?

already issued me the permits. I have to rectify this situation before I can get the other permits

that were in place and then the cottage. We went to do the remodel and it was so dry rotted that

is just fell apart and because we were locked out of the property for almost a year until [ got the

court order to open the gates so we could get back down there. So, that is totally down now so

now we have to come in and get new permits for that.

Bil] Howard: We had a building permit to remodel the cottage; we applied for the shoreline

permits that we got from DEC, and we also came in and got the dock permit from the town and

DEC but when they installed it, they installed it wrong.

barn and a house associated with a pole barn. It does not sit on a vacant lot. It sounds like you

are going through the process to try and get back to construct the house or a cottage on the

property. Am I correct in that?

Pg. 53 February 14, 2023 Zoning Mecting

collage.

You gel my point.

issues because it is kind of unique property and | showed you the pictures and it has no impact

with the neighbor, and it is ina cove. 1am the last part of Glen Edyth, the last area there but

there are no neighbors to the south of me or north of me.

installed on the southern portion of their property so we do not anticipate any further conflicts

with that property.

middle of a lawsuit and in the middle of several different things here, I guess this is more

towards you. (Josh)

to the bay and being adjacent to the wetlands so whether something can go back in that location

exactly what was there, that would be up to the DEC.

because generally that would permit you to build over the existing footprint if the foundation is

there.

Planning Board approval and there was a structure on the site at the time we issued permits it has

just been an unfortunate chain of events.

Pg. 54 February 14, 2023 Zoning Meeting

Seeing none, we will return the discussion back to the board.

RESOLUTION 23-008 Jamie Newtown made a motion for TYPE ITSEQR

which was seconded by: Donald Hauza.

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Stappenbeck AYE

1.

2. Se

ol

8. This request is not out of character in the neighborhood:

There will not be a detriment created to nearby properties: | do not see any detriment.

There is nothing around that dock and you can see the photo. Oddly, I saw two property

pins about a foot and half apart, both had ribbons on them that may have added to the

confusion when they installed it, | don’t know. The gentleman relied on the contractor to

put the dock in the correct location and unfortunately, he did not do that. The dock is

built and is in good shape and would cost a lot of money to move it and there is no

detriment to anybody. We have not heard any objections from neighbors.

The benefit is not achtevable by any other method:

it is 2 feet.

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

things like that happen. There is not going to be another dock next to it, so they will not

have any problems with a boat on one side and the neighbors dock on the next and so on

and so forth. As Josh stated, the neighbor already applied for a permit, and he is going to

put it at the southside of his property so it will be substantial distance between the docks.

This is not an undesirable change: It is just a simple dock and unfortunate that he trusted

the contractor to put it in the correct place.

three lots?

existing collage that was there and then we might put 1004 and 1006 together for the future to

build.

Pg. 55 February 14, 2023 Zoning Meeting

docks are going to be at that location with he other three lots there.

RESOLUTION 23-009 Griff Stappenbeck made a motion to APPROVE

THE AREA VARIANCE Located at 1008 Glen

Edyth Drive. Applicant Five Star Chili Properties,

LLC is requesting an AREA VARIANCE

(

PUBLIC HEARING

) to allow an 8’ side setback

where 10’ is required associated with the

legalization of an existing 4’ wide by 50° long

permanent dock on a 0.35-acre parce! having SBL#

078.18-1-80 located in an MHR Medium High

Residential District under Section 186-13 of the

Code of the Town of Webster which was seconded

by: Barry Barone.

VOTE:

Mr. Newtown AYE

Mr. Barone AYE

Mrs. Volo AYE

Mr. Hauza AYE

Mr. Stappenbeck AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall occur to expire February 14, 2024.

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

meeting at 10:00 p.m.

Corrine Volo, Scerctary APR 13°23 9M10:57

Katherine Kolich, Recording Secretary FILED WERSTER THM CLK

Souabay HM Magunn

Pg. 56 February 14, 2023 Zoning Meeting