Zoning Board Meeting
Zoning Attachment 2026.06.09

2 Zoning Board Application

June 9, 2026 · 6 min read · extracted text · View original

TOWN OF WEBSTER

ZONING BOARD OF APPEALS APPLICATION Office (585) 872-7028 » Fax (585) 872-1352 planning-zoning@ci.webster.ny.us

ss spnenaiamemmainaianaasiliiia iia 301 Exchange Blvd., Suite 200

Name

Legacy Development Co., Inc. Address: Rochester. NY 14608

Property Cwner Information (if different than above}: ; 501 Exchange Blvd., Suite 200 Name: Legacy Development Co., Inc. Address: Rochester, NY 14608

Architect / Engineer (if applicable):

242 W. Main Street Suite 100 Name: Passero Associates | Andrew Burns Address: Rochester, NY 14614

Phone

585.325.1000 E-mail: aburns@passero.com

Project Name

Waterview Phase 3

Project Address

_ 9 Willowpoint Way

Project Description (additional information can be attached): See Letter of Intent Use Variance

X | Area Variance

Interpretation

Special Use Permit

Length of time to complete project: _2 Years Estimated Cost: _ $15,000,000

Work will be completed by (circle one): = Owner Sub-divider Sub Contractor

APPLICANT

By the signature below, on behalf of the applicant or owner, | hereby authorize representatives from the Town of Webster to enter the above referenced property, during normal hours, for the purpose of conducting inspections of the proposed construction/activity, as required by applicable law, rules, regulations ordinances and orders. | also certify that the information supplied on this application is complete and

accurate, and that the project described, if approved, will be completed in accordance with

the conditions and terms of that approval.

SIGNATUR DATE

si) i)e

Parcel Number (SBL): Zoning District:

Last revised

March 2026

Zoning Board Submission Checklist

No. of copies:

e Completed Zoning Board of Appeals Application (including 10 i Statement of Difficulty). 40 10

e Letter of intent (project description in applicant's own words) 40 10

e Completed environmental assessment form (EAF) 40 10

e Plans/ Survey Map (folded to 9" x 14 1/2" maximum size) { 1

e Non-collusion disclosure signed 1 1

e Tax incentive disclosure 4 ,

e Owner's Affidavit (if owner is different than applicant) wa [N/A

e Fees paid: $_$130

e Date of Planning Board meeting (if applicable): June 9th, 2026

“ Some projects may require a review referral to Monroe County Planning & Development. For these projects, an additional (5) complete application sets will be required at time of

submittal.

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Please assemble the correct number of complete application sets prior to submittal for expedited distribution to staff.

+, “

NOTE

All meetings start at 7:00 PM at the Van Ingen Courts and Board Room. The Webster Zoning Board of Appeals, at its own discretion, reserves the right not to hear new applications after 10:30 PM on any regularly scheduled meeting day. In the event this occurs, the application(s) will be

rescheduled to the next available meeting.

Fees:

Residential Variance $120.00 for 1St request; $10.00 each additional Commercial Variance $195.00 for 1st request; $20.00 each additional Interpretation $100.00

Special Use Permit $200.00

*All checks shall be made payable to Webster Town Clerk”

AREA VARIANCE STATEMENT OF DIFFICULTY

An area variance shall be granted only if the applicant can establish EACH of the following, in accordance with Section 350-102 of the Zoning Ordinance:

A. Essential Character. Indicate how the variance will impact the essential character of the neighborhood. No undesirable change in the essential character of the neighborhood will occur and no detriment will be created to nearby properties if the area variance is granted because:

change in character of the neighborhood will occur. The proposed project is a townhouse style residential project in a the Medium High Residential district surrounded by residential. The buffer area between the existing townhouses the R-3 zoning zoning district along McEwen is similar to the proposed buffer area. Distance between existing townhouses and the houses along McEwen is as little as 85'

B. Alternates Considered

Indicate the benefit sought by the granting of the variance and why the benefit cannot be achieved by some other feasible method other than an area variance. Identify the alternatives to the variance that have been pursued, and why they are not feasible (include evidence where necessary to support your conclusion):

The proposed property having two front setbacks and buffers limits the build-able area substantially. Having townhomes with 100' long driveways is not reasonable and would not match the setbacks of surrounding townhomes

C. Significance. Indicate why the requested variance is not a substantial or contextually significant deviation from the current code/regulations (is the difference between what the code requires and what you're requesting significant):

The townhouse buildings will be a similar distance or further back from the road (30'-40') than the neighboring townhouses (25'-30'). The existing single family homes on McEwen are 65'-70' off the road. The townhouse building McEwen is 60' off the road.

D. Physical and environmental conditions. Describe any potential impacts on factors such as drainage, traffic, dust, noise, odor, public services (e.g., compliance with the Town Code requirements to be varied would result in structures over an easement, removal of mature trees) provide mitigation efforts if

any are to be utilized: . : . . . Granting the variances will reduce driveway length substantially, thus reducing asphalt and increasing

greenspace. Increasing greenspace reduces stormwater runoff and is better for the environment. Setbacks and buffer are similar to what already exists in the Willow Point Way | McEwen Neighborhood.

E. Not self-created. The alleged difficulty was not self-created because (consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance):

The property is odd shaped and is surrounded by roads on 3 sides. The property is also encumbered by easements and utilities. Fitting a project around all of those is challenging

** THIS FORM IS REQUIRED FOR ALL AREA VARIANCE REQUESTS**

End of document