Development News for Victor, New York

Zoning Board Grants Variance for House Near Federal Wetland, Mandates Stormwater Swale

The Zoning Board of Appeals reviewed an application for a single-family dwelling and driveway within 100 ft of a federal wetland. Cox Engineering, representing the owner, explained that the proposed house and driveway were positioned to maximize distance from the wetland while respecting topographic challenges, septic system requirements (100 ft from wetland, not on slopes steeper than 20%), and town code (driveways max 10% grade). The house is proposed to be 61 ft from the wetland, and the driveway 62 ft. The board discussed the federal wetland jurisdiction (Army Corps of Engineers, no permit needed if undisturbed), the town's 100 ft impervious surface buffer, tree removal (38 trees), and the necessity of a swale to mitigate storm water runoff from the house and driveway. The board ultimately granted the area variance with a condition for the swale to be constructed and maintained to minimize impact on wetlands, and that during construction, there would be minimal to no impact on wetlands. The vote was carried, with a discussion on whether to condition the driveway to remain unpaved, which was ultimately not imposed.