Walworth Zoning Board approves setback variance for large pond at 4164 Walworth-Ontario Road

The Town of Walworth Zoning Board of Appeals voted 3-1 on Dec. 2, 2024 to grant an area variance allowing a large open-water pond at 4164 Walworth-Ontario Road to remain within roughly 20 feet of proposed property lines, short of the town's 100-foot setback requirement under Town Code —180-44. Chairperson Michael Kunzer presided; the motion to grant the variance was made by Christine Kubida and seconded by Charles Buss. Becky Appleman voted no.

Applicant Steve Cooper told the board he owns two ponds on the property: an older northwest pond and a newer southeast pond. Cooper said pond one is "almost 18,000 square feet" and that pond two is intended as a sustainable fishing pond of about one-half acre. He said he is seeking relief for pond one because he has a pending subdivision application with the Town Planning Board to split the property into 1-acre lots and, he said, "there is no other place on the property for this pond because the water table is too high." The board's chair later cited slightly larger estimates in the hearing record (about 19,000 and 21,500 square feet).

Code Enforcement Officer Brett Malafeew told the board drainage was functioning but recommended the ditch between the ponds be widened and cleaned; Cooper agreed and said he had begun that work. Board members recorded the ditch work as a condition intended to address potential negative environmental impacts and to help maintain the ponds for fish. During questioning, Becky Appleman asked about distances to property lines; Cooper said pond two varies from roughly 29 to 23 feet from the property line and pond one is about 20 feet from the proposed new boundary. Cooper also said a 2016 subdivision on the parcel had placed a line about 15 feet from pond one, which he noted as a historical precedent for relief on the property.

Chairperson Kunzer read the board's Variance Determination Resolution, which found the requested relief substantial, concluded the objective could not readily be achieved by another feasible alternative, and stated the board believed any negative effects had been addressed. The board's formal motion to grant the variance passed 3-1 (Kubida Aye; Buss Aye; Kunzer Aye; Appleman Nay). The meeting adjourned at 7:00 PM. Cooper's subdivision application remains subject to review by the Town Planning Board and the approved variance is recorded in the Zoning Board's resolution.