Zoning Board Meeting
Zoning Media 2026.08.11

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August 11, 2026 · 27 min read · auto-transcribed · View original
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captions Language: en All right. Welcome to uh August 11th uh Webster, New York Zoning Board of Appeals meeting. Um start off with uh as we get into it, public discussion is going to be limited to 5 minutes per person per application. Uh the discussion must pertain to the property item uh being discussed. We have a total of uh three uh scheduled matters on the table uh today. Here's the approval of uh publication for them. Uh it's uh I don't think we're going to run up against this one, especially with uh the applications we have, but if we get to 10:00, then the board has the right to take over the main matters.

Uh, roll call for attendance. >> Mr. Short? >> Here. >> Mrs. Palumbo? >> Here. >> Mr. Spinato? >> Here. >> Mr. Santola? >> Here. >> Mrs. D'Emilio? >> Here. >> Ms. Corsi? >> Present. >> Mr. DeMarco? >> Present. >> Please stand for the Pledge of Allegiance. >> I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Our, uh, first item on the on the, uh, agenda today is, uh, 611 Cardial Drive. If the applicant can, uh, come on up. Uh, stand to the podium. Uh, please speak into the mic.

>> All right. Hello. >> Um, if you can present your your project to us. Uh, we have the presentation up on, uh, that will be up there for you. Uh, just give us an overview of the project, what your intent is, uh, what you're seeking. >> Yep. So, uh, again, my name is Adam Lucarelli. Uh, I live on 611 Cardial Drive. Uh, I just moved in a couple weeks ago. Beautiful area. However, it's a corner lot, a great lot, but, um, being on a corner, there's just not a lot of privacy. So, uh, my wife and I, we have a 1 and 1/2 year old, a dog, another child on the way, so, um, we think a 6-ft fence is going to give us a little more privacy versus a 4-ft.

So, that's why I'm here. It hurts. >> Uh so, up on the screen, there are um some changes that we'll be reviewing as we go through this. Are there any of these that you want to address to the board beforehand? >> Not anything in particular. >> Okay. So, board, any questions? >> So, I have a I do have a question. Um I understand where you're coming from. I did own a corner lot. Um I opted in the past I did, cuz I don't anymore, I opted with a a 4-ft fence uh to help better fit within the neighborhood. Um Can you just talk through the reason for the 6-ft fence, what you're what you're trying to achieve that you can't achieve with a 4-ft fence?

And a 4-ft, cuz I think the town code is a 4-ft open fence, if I remember correctly, which would be a picket or chain link. >> Right. Again, for me for us, it's just privacy, safety, um you know, there's a lot of neighboring traffic and residents and cars that drive by and uh I would just rather feel more comfortable with a 6-ft, so I'm not kind of on display with the rest of the neighborhood. Not that I don't respect their trust, anybody there. Everyone's been really great, all the neighbors. Um but yeah, I just think I think we just feel a lot more comfortable not having everybody see us when they walk by when we're enjoying our backyard and you you someday we want to get a out.

You know, maybe a pool, we'll see, but uh but yeah, I mean four plots this won't get us that, so. It's our private residence, so. >> So, the map that we have up here, Erica, correct me if I'm wrong, this map is the outdated map, correct? Is that the one with the white is Oh, no. Okay. Yep. Got it. There's the easement there. Thank you. Okay. Any other questions from the board? All right. Open up to the public. If anybody wants to speak for or against this uh project, >> [clears throat and cough] >> please come up to the mic. Nobody? >> This is this side >> I have a question. >> Come come up to the mic, please.

>> I want to talk to you, Alan. >> No. No, ma'am. I need you to speak into the mic so we can speak at the podium. >> I have to go over there? >> Yes. Yes. Step next to me. >> If you want to make a public comment for, ma'am >> Ma'am, I would address Alan. >> Ma'am, if you want to make a public comment for or against this particular application, you need to come up to the podium every time. Okay? >> Okay. >> Thank you. >> I'm going to address Alan. >> You address this side. >> I just had a question about whether or not there would be obstruction from people that would drive me. And I wouldn't be able to see around their funds, and I'm not going to be able to You know, sometimes people put decorative trees up in the circle, and then you can't They don't take care of them, and then you can't see around them, and so that was my question whether or not we'll be able to make it >> So, I >> We can see around.

>> So, based on my observation, can you pan down a little bit on that screen so we can see the top a little bit? Based on my observation, there are two decently sized old trees in the corner, upper the upper left corner of of this screen, kind of where the R and the L is. Um and the fence line is actually going to be inset insert in inside of those trees. So, as you >> So, when driving there, I'm not going to have to be that way out to to see what's going on. >> No, and and if again, if you go back to that screen, the fence is far enough back, so as you come up up to Cardinal Drive, there is no fence as you're coming up.

So, the fence is gone at the at the back side of the house. >> I understand. No, I don't have any questions. >> Do you mind Yeah. Do you mind stating your name and address for the record? >> What color is it? >> Ma'am, you have to address the board, please. >> Thank you. >> [cough] >> Sorry. >> What color it would if there was a fence? >> It is a wooden fence. >> A wooden fence or a white fence? >> It's a wooden fence. >> Purple? I mean, people decorate all how they ever they want. >> The application is for a wooden 6-ft wooden pressure-treated dog-eared fence. >> Pressure-treated. >> Um do you mind stating your name and address for the record?

>> My name and >> Yep. >> Uh Cindy Thompson and I live on Boswell Road. >> Thank you. >> You're welcome. >> Appreciate it. And are are we all set? >> Sorry. >> No, you're good. >> who this is. >> That's fine. >> I graduated with the daughter. >> Any other comments from the from the public? Come on up, state your name and address. >> you just said? >> question for you. >> All right, yes. So, to to the board, please. To the board, please. >> Can we just find for this one second? Excuse me, just one second. >> Sure. >> If you come up to the podium to speak for or against the project, you need to direct it to the board, not the applicant.

Thank you. Um so, um I bought the house Maybe that was the question. It's behind the house. Um my house is uh used to be Soboleski. And I used to live there between uh 1989 uh to 2004. My daughter is there now and it's 617 Katie Drive. She has a little boy there. So, when we first moved in um to the area, we had to put We couldn't put any fence because the um neighborhood the town wouldn't allow it. And they said that this neighborhood could not allow any fences, only when you had a pool. And definitely not on a corner lot. So, I'm I'm sorry. I'm not not against that, but uh I just wanted to know um what's changed and if my daughter will also be able to put a fence and everybody else because that would be the only fence that is actually on a front or corner lot.

Other than that, the whole neighborhood has a fence. The three houses uh which just have a pool in the back. Nobody else. >> So, the zoning code addresses that. >> Uh-huh. >> Um this is for a variance. >> Uh-huh. >> Fences in front of the yard are not permitted. Um the applicant is asking for a variance uh to be able to build a fence in the front yard of this corner lot. >> Okay. >> So, um I encourage you to go on to our website, look up the town code to review that code. >> I I looked at it. >> Okay. >> Yeah, so it is it's actually right in front of our house and the other neighbor, so we'll be looking right at the fence.

>> We would have So, you would need to look at that specific for your property. We are looking specifically at this particular property. >> Okay. >> Okay? >> All right. >> Thank you. Anybody else want to speak for or against the the project? That's a uh promote or um or or uh uh uh not promote the project at hand. Okay? With uh with that, I'd like to make a motion for a type two action under seeker pursuant uh under NYCRR section 617.5c of the environmental code. >> Second. >> All those in favor? Aye. Aye. Findings? >> [cough] >> And station. >> Want me to start? >> No. >> No? Uh approving the uh the application will not uh impact the essential character of the neighborhood.

Uh >> [snorts] >> the uh the corporate property doesn't uh the corporate fence does not give the applicant the uh desired privacy he wants. Uh the uh the request variance is not significant. It's 2 additional ft at a minimum. And it will hopefully give the client uh more privacy. The applicant will need this for his privacy and security uh his yard for the safety of his kids and and pets. Um The fence uh was originally moved out of the drainage easement. Uh so, there are no potential impacts on drainage, traffic, dust, noise, or other public services. Uh although the application is self-created as the applicant purchased the corner lot, the uh the application as presented now, especially that going across the variance, is the minimum necessary for the building wants to do in this area.

>> I'd like to add or why add anything else to the findings? >> Yeah, I do add that because it's a corner, if if this were not a corner lot, a variance would not be required. And because it's a corner lot, the side yard is actually considered a front yard, but I calling it a front yard, it's still the fence as I'm looking at the house, it's still behind the house. It's not the entire It's not in front of the house, it's just considered in the front yard. >> I'd also like to add uh driving west down on Kaylee, the fence will not be visible because of the hedgerow that is uh there. Uh driving eastbound on Kaylee, uh fence will be visible, but it is set back uh significantly from the street edge that it will not have a enclosing impact on the surrounding neighborhood.

So, with that, you have a motion? I make a motion [clears throat] for a a privacy fence located at 611 Cardell Drive for area variance to allow a 6-ft privacy fence in the front yard of a corner lot on a 0.1 uh 0.41 acre parcel having STL 078.12-1-51 located in a R3 single family residential district under section 350-12 and 350-79 of the code of ordinances. >> Second. >> Mr. Short. >> Aye. >> Mr. Sentola. >> Aye. >> Mrs. D'Emilio. >> Aye. >> Mr. Stampanato. >> Aye. >> Mrs. Wolcott. >> Aye. >> You have your variance and you still need to get a permit for the fence itself. You have 1 year for the project.

And you're the rest of your something. >> Thank you. Next up, 741 Kelly Drive. Can the applicant please come up? >> Excuse me. Hi. Um my name is Bridget Fitzgerald and I reside [snorts] at 741 Kelly Drive. Um I was here a little over a year ago and I'm back for the same thing. The board um permission to park a 20-ft early food truck in a commercial stone head located in the back of my house next to my 20-ft shed starting next year um during the summer months of May and then September um because my neighbors are moving until they are moving and they sold their house, but um I can see they're still here and have a problem with it.

Um even though I'm asking to park next year um it's completely out of the way, covered by foliage during these months. Um and right now it's in the way of deliveries and it's parked in front of our driveway. Completely invisible to the mirror of the cul-de-sac and then my adjoining front line neighbors as well. Um we're getting a brand new rebuilt driveway. It just construction started today. Um and we didn't want to park it on the driveway. So um and our storage is an hour away. I've I've already said that last time, but I think I'm just going to back out or um I don't know what cabling it will do.

If anyone can answer that, just so I can um wait till they're moved out, I guess. >> Are you asking the board to table table this matter until a future uh meeting? >> Yes. >> Okay. Um I don't have an issue with it. Is there anybody here have an issue with it? >> Is there a I'm asking one more time which you can again. >> Hello. No. >> I would be willing to consider that. She didn't mention that. >> When was the application filed? >> The original or this one? >> What was this? >> This is the same application. This is a new after a year. >> Yes, this is >> Right. And when was that filed? >> The original one >> No, no.

Well This year's. >> This year's. >> 2020 this is. >> July 15th. >> How long are you seeking to have it tabled for? >> Um I guess either way or next year. >> As in December 31st? >> That would work. I mean, I don't know when they're um going to be out, but I'd like to wait until after that. >> So, um I don't know how the board is going to react. And it's your decision. We're not going to provide advice to you. Um you you control the application. You can either go through with it or have it tabled. >> [snorts] >> Um however, it sounds like there's a a strategy in that at the next meeting, it would be your hope that the neighbors would not be here.

Right? >> Correct. >> So, that does not mean that the board will not consider those aesthetic issues, uh visibility issues, that would be pertinent to anyone that might be living where your neighbors currently live. That that your neighbors may or may not be here to speak against it. But, having heard the application one time, understanding, you know, generally what the issues are, I don't know how much that is going to change the dynamics of this board's review. But, not withstanding that, if you would like to have it tabled, you certainly can. You can ask for that. The board can can vote to table.

>> Okay. I make a motion to table Okay. >> Uh make a motion to table the application for commercial vehicle parking located at 73 Pine Hollow Drive. >> Thank you. >> Nelson? Favor? >> Aye. >> Yeah, I I >> Are we I'm posing this this question to staff. Are we waiting now for the applicant to advise us or are we tabling it for a particular day? The remaining dates of the year for the zoning board would be October 14th, November 17th through December 8th. Do you does anyone have a preference for those any of those three days? >> I think December 8th would be >> December 8th? I don't I don't know if that changes the board's determination on the table, does it?

Anyone? >> I'll move >> Okay. All right. All right. Erica, can we do that then affirmatively for 12/8? >> Sure. >> Okay. We'll see you on 12/8. >> Thank you. >> Uh next up we have um single family home by 37 Lots Four Lots Bird Road. How's it going? >> Good. Good evening board members. I'm uh David Cox with Cox Engineering, uh civil engineer representing the homeowner for 537 uh Lots Bird Road. Uh so it's a uh resident couple that lives here in Webster uh that's looking to build their dream home. So they've secured this vacant uh piece of land. They've got their uh dream home uh all all architect designed um in place on the building or place on the lot.

Um so we're requesting a a area variance for a front setback. So it is a corner lot. So it just does have two front setbacks. Um uh driveway is coming off of Adams Road. Uh the project or the building does meet that front setback. Um and then there's a resident here to the south and we do meet that side setback. And then um here in the back uh there's a another resident over here to the to the east uh and we meet that that rear setback. Uh so we're uh about 77 ft uh from that residence. Um so what we're the variance we're asking for is along Vosburg Road. Uh so it's 41 ft just to a covered entryway.

Um so just a pretty relatively small area and then it would be 46 ft to the to the main structure. So the majority of the structure would be at 46 ft uh with that small covered entryway uh being the 41 ft uh in the front setback. Um and with it being along Vosburg and the driveway coming off of Adams Road, uh it's a wooded lot so we can preserve a lot of those trees along Vosburg. So when you're driving down Vosburg, um you're seeing a lot of trees, not necessarily picking up on the uh on the house so much. So uh definitely has that vegetated buffer as a vegetated buffer to the resident to the north on the other side of Vosburg Road as well.

Um so we tried to minimize any impact um we can to the best extent possible. Um let's see. That's it. Yeah, I think you know, we um chose the front setback. You know, we could push the building further towards the south uh and have a side setback variance instead of the front setback variance but this neighbor is much closer uh so we wanted to maintain that that setback and not encroach any further there. Uh and being that Vosburg side, there's not really any neighbors that are all that close. So, we chose to use that as the uh side that we were requesting the area variance for. >> Can you talk about uh several by today?

There was quite a bit of mature vegetation on that property such as Ballsburg side. Uh and you did address that the intent is to save some of that. Yes. Can you talk to that a little bit more? >> Yeah. So, we're um So, there's probably about 35 ft um on the property of of wooded area that's kind of being maintained. And then there is uh quite a bit in the actual uh right-of-way. A lot of that the trees are pretty much right off the road. Um so, there's actually pretty good wooded area there. And there's some pretty major trees um very very large. So, we're preserving those. Um so, the over here off Adams, uh they were less mature, less large.

Along Ballsburg, they were much more mature. So, we're also wanting to preserve those trees as well. >> Okay. Thank you. Anybody any questions from the board? Yeah, getting back to the cleared area. Uh is that the limits of your grading where you show the proposed tree line or >> Yes. Yes. >> Do you know if you are moving any mature trees in that area versus I mean, it's tough it's tough to tell when you drive through and even walk in along Adams looking inside. But you said it's those transition um newer growth to larger more mature growth. >> Yeah. So, in in that area, there is you know, 6 to 12-in uh trees.

But uh you know, out here on Ballsburg side, they're you know, like 4 ft or 5 ft away. >> I agree with that. I was I was just wondering if Cuz like you said, there were there were no revised top county yet for about 20 >> Okay. >> So, and that was from doing Adams just before the corner, so there's a lot there. I think it makes sense. I just didn't know if you had a grading plan or if you were intending to disturb more >> You know, that that tree line is uh represents the grading. >> Thank you. Other questions for the board? >> No. I think from visiting the site with the engineer, we had a lot of discussion about the setback.

I I don't know because it's a corner lot, it's and narrow on one side. I don't know that there's as much of a house that would be able to infringe on 8-ft setback either on the Adams or Bradford. >> It'd be a uniquely shaped >> It's Yeah. It'd be a very uniquely shaped building. And the way the applicant has the house positioned and the layout of the house seems to do the least to be the least impactful to disrupting the site. So. >> Okay. I agree. Other comments? No? Then I'll open it up to the public. Anyone wants to speak for or against the project? >> I have a question. >> Okay. Go ahead. Is it about this project?

>> Yes. >> Okay. >> Specifically. >> Okay. >> I did this before and I'm not sure if I have to do it. >> So we talked to them and we live at 538 Botsford Road. So I have a lot of questions. Now, I was concerned about this tree. >> We may not be able to answer them. Um this is a public comment period so we may not be able to answer them and the comments do have to be addressed to the board. >> Okay. >> All right. >> have to address the board. >> Yes. >> Okay, not him. >> That is correct. >> Okay. >> We may address him after after you're done. >> So I can talk to him after. All right. Because I live across the street, I'm having trouble figuring out this with how they're going to do this house.

And if he says the driveway is going to be on Adams Road, I'm presuming that the address will be Adams Road or so I'm thinking it's really not a Botsford Road address. >> I believe the property is currently a Botsford address which means the property will maintain the Botsford address. I I don't know. >> What? >> make the new addresses so I don't know. >> Right. That's up to the assessor's the assessor's office. >> Yeah. So that that that's not a a this uh this board's decision. >> Okay. And there are very a lot of mature trees and that is an issue because living across the street there's going to be all sorts of debris and traffic and uh I I just have trouble visualizing how that house is going to be because there's another house on Adams within close proximity.

There's another house next door to um this Botsford address that's really I mean you can see their sheds and backyards and they're close. I'm not quite sure I understand. Um what else is there? Oh, I'm not going to remember of course I've forgotten everything that I wanted to say. Um yeah, so I just had questions about it because it's an odd shape of property. So, I had questions and um where you want to build the driveway and there's telephone poles, fire hoses. I guess that becomes part of the the town has to move the fire hydrants and the telephone poles and all that. And presumably that's a separate That's a separate deal, but >> Yeah, the piece of the plan looks like they've addressed the majority of those concerns.

>> And also in the front of 5th Ave, there's many telephone poles. >> If you're not doing that, they're not being touched. >> a lot of wires. >> Yeah, those are not being touched. >> Um and yes, and then that's my question is that I just have trouble even with all the, you know, all the circles and arrows and W events over there, but I have trouble visualizing the size of the house and how it's how it's going to be and not that that doesn't mean Yeah, I just had questions. I was a little back to me personally. >> That's >> Cuz it is all about me, you need to understand. >> That's a fair question.

You live across the street, so it's a fair question. I I can appreciate it. >> Okay. >> Um [snorts] So, it is a one-story house per the plan, so it is going to be a single-story house, presumably a ranch. Um we don't have a height, but I would presume in the 15 to 20-ft height max to the top of the ridge. Um So, I would suspect it's going to look similar to the house to the house that is on Adams Street on the other side of the property, is what I would presume. Um again, we're only looking at the plot set. So, that's what this board is looking at. They're asking for relief from the from the offset.

>> So, do we come back again? >> Uh we do not. So, this board here is only looking at the offset. They're asking for a variance and this is what this board handles. Any other questions from the town? Well, anybody else from the public wants to speak for or against? No? Back to the board. Any other questions from the board? >> I guess I would just make note that the majority of the front of the house is 4-ft variance from from what is required is and it's the front stoop that makes it sound larger. The covered entry way which is 8 by 8 6 6 No, I mean the width of the front >> The width Oh, sorry.

Yeah. So, that was >> And that is all compared to the >> Do you know what the front porch is? >> I do not exactly, but I might I think 8-ft is probably a pretty good guess. >> Okay. Thank you. All right. Any other questions or comments from the board? Findings? >> 6 in 6 >> All right. This is for a single family home located at 3 >> No, findings. >> I would say 6 in 6. Okay. Um the proposed is um does not have any impact on the essential character of the neighborhood and there are a number of residential homes in that area and it looks like the structure of the home will fit in to the essential character of the area that is currently there.

The alternates considered the proposed property is a corner lot which reduces the buildable area. Rotating the house and putting the garage in the back would disturb more trees and encroach more to the neighbors to the south. Um the side setback is the significance of the side setback is maintained for the neighbor to the south and the rear setback is maintained to the neighbor to the east. The neighbor to the north is across the street and is protected by the vegetated buffer. Physical environmental conditions, there are no physical environmental conditions that would be created by granting these variances.

Um the proposed lot is existing and it's on a corner lot and reduces the buildable area so it is not self-created. >> I'd like to just add um that the majority of the the mature trees on Rossburg are going to be uh to remain. So, uh that will also minimize any any impact to the to the surrounding neighborhood as well. >> I also add that although he may be removing a number of existing even mature trees that if the house were put narrower we wouldn't even be worrying about this. So, uh I think it would have been happening no matter what. Uh for instance, 50 ft variance I think is minimal compared to you know, if you wanted to compare it to the whole thing he probably could have just chose to not to.

That is for himself but that's how it affects the neighbor so that's it. >> I speak Excuse me, seeker. Sorry about that. Um I make motion for a type two action on the seeker pursuant under NYC RR section 617.5C of the environmental Second. All those in favor? >> I. >> Findings still stand. Um The motion for for the center. >> I would like to make a motion for construction of a new single family home at 437 Basset Road giving a 47 >> Five. >> I'm sorry, 430. >> Five. >> Five 37. Let me start this again. Make a motion for a new home construction at 537 Basset Road to allow a 41 foot front set back along the Basset Basset frontage where 50 feet is required in association with the construction of a single family home on a 0.57 acre lot SBL number 063.077-2-24 located in an R-2 single family residential district.

>> Second. >> Mrs. Wollheim? >> I. >> Mr. Short? >> I. >> Mr. Spagnola? >> I. >> Mr. Santola? >> I. >> Mrs. Camellia? >> I. Your client has their variance and have to go through all the permitting and all the other processes. You have one year to have substantial >> All right. Thank you very much. Thank you. >> Any minutes? >> Do we need to Do we need a motion to table the application? >> It's all over. >> I would like to table it. >> I think >> Oh, I think yeah, I think >> They tabled it. They didn't table it. >> Oh, so we don't have to >> Correct. >> Then I will make a motion to approve this one.

for the minutes of the July 20th meeting of the board of trustees meeting. All those in favor? >> All right, I. >> Opposed? Mr. Cooley, I'm sorry. Stacy? Jason? >> All right. Hey, that was that was just the one, right? >> Just the one, yeah. >> All right. Um, that concludes our meeting. I make a motion to end our meeting. >> Thank you. Meeting adjourned. >> Yeah. >> Okay.

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