Minutes

WEBSTER ZONING BOARD OF APPEALS MINUTES

Michael Short John Accorso

Corrine Volo Josh Artuso

James Spampinato

Chris Centola

Stacie Damelio

John DeMarco, Attorney

Katherine Kolich, Planning & Zoning Secretary

Erika Corsi, Planner of Community Development

11, 2026 meeting. Will start off with, as we get into it the public discussion is going to be limited

to 5 minutes per person for application. The discussion must pertain to the property and the item

being discussed. We have a total of 3 scheduled matters on the table today. Here’s the proof of

publication for them. I don’t think we’re going to run up against this, especially with the

application we have, but if we get to 10:00, the board has the right to take on remaining matters.

Call Roll/Pledge of Allegiance

WATERVIEW APARTMENTS PHASE 3-NORTHWEST CORNER OF WILLOW

POINT WAY AND NAUTICAL MILE DRIVE

1. FENCE-611 CARDILE DRIVE

z. COMMERCIAL VEHICLE PARKING-741 HAILEY DRIVE

Pg. 145 August !1, 2026 Zoning Meeting

3. SINGLE FAMILY HOME-537 VOSBURG RD

(Erika Corsi, Town Planner presented a PowerPoint Presentation for each application and

read into the record)

WATERVIEW APARTMENTS PHASE 3: Located at the northwest corner of Willow

Point Way and Nautical Mile Drive. Applicant Legacy Development Co., Inc is

requesting AREA VARIANCES to allow a front setback of 18.7’ where 75’ is required

and to allow a single-family district buffer of 38.5’ where 100” is required in association

with the construction of (6) buildings plus a community center (total of 56 units), each 2

stories in height on a proposed 13.15-acre parcel having SBL# 093.06-3-64.11 located in

an MHR Medium High Residential District under Section 350-14 of the Code of the

Town of Webster.

APPLICANT REQUESTED TO TABLE APPLICATION TO 9.8.26

AREA VARIANCE to allow a 6-foot privacy fence in the front yard of a corner lot on a0.41-acre

parcel having SBL# 078.12-1-51 located in an R-3 Single-Family Residential District under

Section 350-12 and 350-79 of the Code of the Town of Webster.

the mic. If you can, we have the presentation of the board now that we put together for you. If

you could just give us an overview of the project, what your intent is and what you

Appearing before the board was Alex Lucarelli and I live at 611 Cardile Drive. I just moved in

a couple of weeks ago. Beautiful area. However, it’s a corner lot, a great lot, but being on the

corner, there’s just not a lot of privacy. So, my wife and I, we have a 1 % year old, a dog,

another child on the way. So, we think a six foot fence is going to give us a little more privacy

versus a 4 foot, so that is why I am here.

through this...are there any of these that you want to address to the board beforehand?

So, Ido have a question. I understand where you’re coming from. I did own a corner lot. 1

opted in the SSS because I don’t anymore. I opted with a 4 foot fence to help better

fit within the neighborhood. Can you just talk through the reason for the 6 foot fence? What

you’ re trying to achieve that you can’t achieve with a 4 ft fence and a 4 foot because I think

common code is a 4 ft open fence if I remember correctly which would be a picket or chain

Pg. 146 August 11, 2026 Zoning Meeting

right.

traffic and residents and cars that drive by I just rather feel more comfortable with a 6 ft so ’'m

not kind of on display to the rest of the neighborhood, and not that I don’t respect or trust

anybody there. Everyone’s been really great, al the neighbors. But yea, I just think we feel a

lot more comfortable not having everybody see us when they walk by when we’re enjoying our

backyard. Some day I want to get a swing set and maybe a pool. We’ll see. But yean, I mean

hat privacy so.

the outdated map, correct? BOTH PARTIES SPEAKING AT THE SAME TIME.

up to the public if anybody wants to speak for or against this project. Please come up to the mic.

Audience member speaking out. Has a question.

comment for or against this particular application you need to come up to the podium every

time. Okay, thank you.

obstruction from people that were driving to be able to see around your fence and be able to

you know sometimes people put decorative trees up and they don’t take care of them and then

you can’t see around them. So, that was my question. AUDIENCE MEMBER IS SPEAKING

DIRECTLY TO APPLICANT AND NOT SPEAKING INTO THE MIC. CAN NOT HEAR.

So, we can See the top a little bit? Based on my observation, there are two decently sized oak

trees in the corner....upper, the upper left corner of this screen kind of where the orange L is.

And the fence line is actually going to be inserted inside of those trees.

what's coming?

as you come up to Cardial Drive, there is no fence as you’re coming up. So, the fence is gone at

the back side of the house. Do you mind stating your name and address.

Pg. 147 August 11,2026 Zoning Meeting

fence. Do you mind stating your name and address for the record?

Cindy Thompson and I live on Vosberg Lane.

the project, you need to direct it to the board, not the applicant. Thank you.

between 1989 to 2004. My daughter is there now and it’s 617 Kayleigh Drive. She has a little

boy there. So, when we first moved in to the area, we couldn't put any fence because the

neighborhood, the town, wouldn't allow it. And they said this neighborhood would not allow

any fences only when you had a pool and definitely not on a corner lot. So, I’m sorry, I’m not

against that, but I just wanted to know what's changed and if my daughter would also be able to

put a fence like everybody else because that would be the only fence that it’s actually on the

front or corner lot. Other than that, the whole neighborhood has a fence that...three house just

have a pool in the back.

yard are not permitted. The applicant is asking for a variance to be able to build a fence in the

front yard of this corner lot. So, I encourage you to go on to our website and look up the town

code to review that.

we'll be looking right at the fence.

property. We are looking specifically at this particular property. Okay. Anybody else want to

speak for or against the project? And that is to promote or not promote the project at hand.

Okay.

RESOLUTION 26-0037 Michael Short made a motion TYPE If

Centola.

Pg. 148 August 11, 2026 Zoning Meeting

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Accorso ABSENT

Mrs. Damelio AYE

Mr. Centola AYE

HARD TO HEAR.

Approving the application will not impact the essential character of the neighborhood. The four

foot alternate does not give the applicant the desired privacy he wants. The request variance is not

significant; it’s two additional feet at minimum that will hopefully give the client...the applicant

what he needs as far as privacy and securing yard for the safety of his kids and pets. The fence

was Originally moved out of the drainage easement so there are no potential impacts on drainage,

traffic, dust, noise, odor of public services. Although the application is self-created as the applicant

purchased the corner lot. The application as presented now, especially not going across the

variance, is the minimal relief necessary for him to do what he wants to do with his yard.

would not be required. And because it’s a corner lot, the side yard was actually considered a front

yard. But by calling it a front yard, it’s still......... The fence as I’m looking at the house ts 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.

visible because of the hedgerow that is there driving eastbound on Kayleigh the fence will be

visible, but it is set back significantly from the street edge that it will not have an imposing on the

surrounding neighborhood. So, with that we need a motion.

This request is not out of character in the neighborhood:

There will not be a detriment created to nearby properties:

The benefit is not achieved 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:

SOS SS Me

RESOLUTION 26-0038 Michael Short made a motion to Located

at 611 Cardile Drive. Applicant Alex

Lucarelli is requesting an AREA

Pg. 149 August 11, 2026 Zoning Meeting

VARIANCE to allow a 6-foot privacy

fence in the front yard of a corner lot on a

0.41-acre parcel having SBL# 078.12-1-51

located in an R-3 Single-Family Residential

District under Section 350-12 and 350-79

of the Code of the Town of Webster. which

was seconded by Chris Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Accorso ABSENT

Mrs. Damelio AYE

Mr. Centola AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire August 11, 2027

Fitzgerald is requesting an AREA VARIANCE to allow parking of a 20’ commercial food truck

on acrushed stone pad in the backyard on a 0.66-acre parcel having SBL# 078.08- 1-76 located

in an R-3 Single-Family Residential District under Section 350-12 and 350-44 of the Code of

the Town of Webster.

Appearing before the board was Brigitte Fitzgerald and I reside at 741 Hailey Drive. I was here

a little over a year ago and I’m back this evening for the same thing for permission to park my

20 foot frozen food truck and a stone pad will be in the back of my house, next to my 20 foot

shed. Starting next year during the summer months of May, end of September...... because my

neighbors were moving well....they are moving and they sold their house, but I can see they’re

still here and have a problem with it. Even though I’m asking to park next year. It’s completely

out of the way covered by foliage during these months. Right now, it’s in the way of deliveries

and it’s parked in the front driveway and completely visible to the entire cul de sac and then my

adjoining frontline neighbors as well. We’re getting a brand new built driveway and

construction started today. And we didn’t want to park it on the driveway, and our storage is an

hour away. I bet I said that last time, but I think I’m just going to back out or, I don’t know

what tabling it will do. If anyone can answer that, just so I could wait until they’re moved out, I

guess.

Pg. 150 August 11, 2026 Zoning Meeting

Chris Centola; (NOT USING THE MIC OR SPEAKING LOUD ENOUGH) Is there a

maximum time that she can table?

I'd like to wait until after that.

not going to provide advice to you. You control the application. You can either go through

with it or have it tabled. However, it sounds like there’s a strategy in that next meeting it would

be your hope that the neighbors would not be here. Correct?

visibility issues that would be pertinent to anyone that might be living where your neighbors

currently live. Not that your neighbors may or may not be here to speak against it. But having

heard the application one time, understand, you know, generally what the issues are, I don’t

Pg. 151 August 11, 2026 Zoning Meeting

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 ask for that. The board

can vote the table.

RESOLUTION 26-0039 Michael Short made a motion TO TABLE

APPLICATION TO 12.8.26 which was

seconded by: Corrine Volo.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Accorso ABSENT

Mrs. Damelio AYE

Mr. Centola AYE

or are we tabling it for a particular date? The remaining dates of the year for the zoning board are

October 14", November 17'", and December 8". Does the applicant have a preference for those.

Any of those three days?

Okay, Erika will do that for 12/8.

requesting an AREA VARIANCE to allow a front setback of 41ft where 50ft is required in

association with the construction of a single-family home on a 0.57-acre lot having SBL# 063.07-

2-34 located in the R-2 Single Family Residential District under Section 350-11 of the Code of the

Town of Webster.

Appearing before the board was David Cox. Good evening board members. I am with Cox

Engineering Civil Engineer and I’m representing the homeowner for 537 Vosburg Road. So,

it’s a resident couple who live here in Webster that’s looking to build their dream home. So,

they’ ve secured this vacant piece of land. They got their dream home all architect designed to

be placed on the lot. So, we are requesting an area variance for a front setback. So, it is a corner

lot. So, it does have two front setbacks. The driveway is coming off of Adams Road. The

project or the building does meet that front setback. And then there’s a resident here to the

south and we do meet that side setback. And then in the back, there’s another resident over here

to the east and we meet that rear setback. So, we’re about 77 feet from that resident.

So, the variance we’re asking for is along Vosburg Road so it’s 41 feet just to a covered

entryway. So just a pretty relatively small area and then it would be 46 feet to the main

structure. So, the majority of the structure would be at 46 feet with that small, covered entry

way being 41 feet in the front setback. And with it being along Vosburg and the driveway

Pg. 152 August 11, 2026 Zoning Meeting

coming off Adams Road, it’s a wooded lot, so we can preserve a lot of those trees along

Vosburg so when you’re driving down Vosburg you’ re seeing a lot of trees not necessarily

picking up on the house so much. So, definitely has that vegetated buffer to the resident to the

north on the other side of Vosburg Road as well. So, we tried to minimize any impact we can to

the best extent possible.

And you know, we chose the front setback, you know, we could push the building further

towards the south and have a side setback instead of front setback variance, but this neighbor is

much closer. So, we wanted to maintain that setback and not encroach any further there. And

being the Vosburg side, there’s not really any neighbors that are all that close. So, we chose to

use that as the side that we were requesting the area variance for.

vegetation on that property such as side. You did address that and the intent is to save some of

that. Can you talk to that a little bit more?

that’s going to be maintained and then there is quite a bit in the actual right away. A lot of the

trees are pretty much right off the road so there’s actually a pretty good, wooded area there and

there’s some pretty major trees very, very large so we’re preserving those. So, over here off of

Adams, they were less mature, less large along Vosburg were much more mature. So, we also

wanted to preserve those trees as well.

the cleared area. Is that the limits of your grading where you show the proposed tree line or...

you are removing any mature trees in that area versus, I mean, it’s tough, it’s tough to tell when

you drive through and even walking along Adams looking inside like you said, it does transition

from newer growth to larger more mature growth.

side there you know probably 4 to 5 foot.

wondering if....because like you said there number, I stopped counting after about 21 and that

was from Adams just before the corner. So, there’s a lot there. So, I think it makes sense. I just

didn’t know if you have a grading plan or if your intent is to disturb more.

Pg. 153 August 11, 2026 Zoning Meeting

narrow on one side. I don’t know that there’s much of a house here that wouldn’t fringe on a

front setback either on Adams or Vosburg. It would be a very uniquely shaped building and the

way the house is positioned, and the layout of the house seems to do the least impactful to

disrupting the sub so...

speak for or against the project?

Cindy Johnson at 538 Vosburg Road. So, I have a lot of questions. I was concerned about the

trees.

so we may not be able to answer them, and the comments do have to be addressed to the board.

Okay.

Cindy Johnson at 538 Vosburg Road: So, I have to address the board and not him.

Cindy Johnson at 538 Vosburg Road: Because I live across the street. I’m having trough

having trouble figuring out how they're going t 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. So, I’m

thinking it’s really not a Vosburg Road address.

will maintain the Vosburg address. I don’t make the addresses, so I don’t know.

Cindy Johnson at 538 Vosburg Road: Okay. And there are a lot of trees and that is an issue

because moving across the street there's going to be all sorts of debris and traffic and I just

have trouble visualizing how the house is going to be because there’s another house on Adams

within close proximity. There’s another house next door to this Vosburg address that’s...1

mean you can see there’s sheds and backyards and it’s very close. I’m not quite sure I

understand. Well, now that I’m up here of course, I’ve forgotten everything I wanted to say. So,

I just had questions about it because it’s an odd, shaped property. So, | had questions and then

where you want to build the driveway, there’s telephone poles, fire hoses, I guess that becomes

part of the town has to move the fire hydrants and the telephone poles and all that. I'm

Pg. 154 August 11, 2026 Zoning Meeting

presuming. I guess that’s a separate deal.

concerns.

Cindy Johnson at 538 Vosburg Road: And also, in the front on Vosburg, there’s many telephone

poles.

Cindy Johnson at 538 Vosburg Road: I guess that’s my question is that I just had trouble even

with all the you know all the circles and arrows and over there, but I have trouble visualizing

the size of house and how it’s going to be and not that doesn’t mean....1 just had questions how

affecting.

plan so it’s going to be a single story house. Presumably a ranch. We don’t have a height, but I

would presume in the 15 to 20 foot height max to the top of the ridge. So, I would suspect it’s

going to look similar to the house that is on Adam Street on the other side of the property,

which is what I would presume. Again, we’re only looking at the offset. So, that’s what this

board is looking at. They’re asking for relief from the offset.

variance, and this is what this board does. Any other questions from the public wants to speak

for or against? No, back to the board. Any other questions.

required setback and it’s the front stoop at 41 feet which is maybe 8 feet wide.

BOARD MEMBERS HAVING DISCUSSION AMOUNST THEMSELVES.

(VOLO/CENTOLA)

Findings....,.Stacie???

No impact on the essential character of the neighborhood. Actually, there are a number of

residential homes in that area, and it looks like the structural home will fit in to the essential

character of the area that is currently there. The alternates considered the proposed property

Pg. 155 August 11, 2026 Zoning Meeting

is a corner lot which condenses 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. 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

and environmental conditions: There are no physical or environmental conditions that

would be created by granting this variance. The proposed lot is existing and it’s on the

corner lot condenses the buildable area, so it’s is not self-created.

to remain so that will also minimize any impact to the surrounding neighborhood as well.

add that although he may be removing a number of existing even mature trees that the

house will never....we wouldn’t even be knowing about this. So, I think it would have

happened no matter what for couple feet per variance I think it’s minimal to you the whole

thing. He chose not to battle for himself but it does help his neighbors at the same time.

This request is not out of character in the neighborhood:

There will not be a detriment created to nearby properties:

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:

Bad ae

RESOLUTION 26-0040 Michael Short made a motion TYPE II

Centola.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Accorso ABSENT

Mrs. Damelio AYE

Mr. Centola AYE

RESOLUTION 26-0041 Corrine Volo made a motion for AREA

Rd. Representing agent David Cox, P.E is

requesting an AREA VARIANCE to

Pg. 156 August 11, 2026 Zoning Meeting

allow a front setback of 41ft where 50ft is

required in association with the

construction of a single-family home on a

0.57-acre lot having SBL# 063.07-2-34

located in the R-2 Single Family

Residential District under Section 350-11

of the Code of the Town of Webster of

which was seconded by Michael Short.

VOTE:

Mr. Short AYE

Mrs. Volo AYE

Mr. Spampinato AYE

Mr. Accorso ABSENT

Mrs. Damelio AYE

Mr. Centola AYE

CONDITIONS:

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

Building Permit.

e That one-year significant construction shall expire August 11, 2027

Approval of minutes for July 14, 2026 (VOLO/DAMELIO)

VOTE:-

Mr. Short AYE

Mrs, Volo AYE

Mr. Spampinato AYE

Mr. Accorso ABSENT

Mrs. Damelio AYE

Mr. Centola AYE

Since there are no further applications before the Board, Michael Short adjourned tonight’s

meeting at 7:30 PM

Qo ODA See

Corrine Volo, Secretary

Katherine Kolich, Recording Secretary

SEP 9'25 ewa:dg

_FILED WERSTER THN CLK

Pg. 157 August 11, 2026 Zoning Meeting