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Walworth Zoning Board denies variance for oversized pond at 4164 Walworth‑Ontario Road
Summary
On Aug. 5 the Town of Walworth Zoning Board of Appeals denied a variance for a roughly 22,260‑square‑foot pond at 4164 Walworth‑Ontario Road after code enforcement described prior stop‑work orders and neighbor flooding; the applicant may seek to alter the pond and reapply.
The Town of Walworth Zoning Board of Appeals on Aug. 5 denied a request for a setback variance for a pond on property at 4164 Walworth‑Ontario Road after hearing from code enforcement about prior violations and neighbor flooding.
Applicant Steve Cooper told the board a recent survey showed the pond crosses a property line and that he had assumed a drainage ditch marked the boundary; he said he intends to use the waterbody as a fishpond and asked for relief from Section 180‑44 of the Walworth Town Code. Chairperson Michael Kunzer reported speaking with the surveyor, who told him the pond measures about 22,260 square feet, which by code classifies it as an open water pond requiring a 100‑foot setback from property lines.
Code Enforcement Officer Brett Malafeew told the board a stop‑work order was issued in 2018 after the larger pond exceeded 13,000 square feet and was too close to the property line. Malafeew said neighbors were flooded in December 2023 and again in January 2024, that a violation letter required correction by July 2024 (later extended to Sept. 2, 2024 to allow time for a variance request), and that drainage alterations in December 2023 caused the larger pond's outflow to run onto a neighbor's property. "A stop work order was issued on the larger pond since it was over 13,000 square feet and too close to the property line in 2018," he said.
Board members expressed concern that outstanding enforcement and neighbor‑to‑neighbor boundary issues remained unresolved. Member Tiffany Paine‑Cirrincione said she was not comfortable granting a variance while the Town and the neighbors still required remediation. Mr. Cooper told the board he would try to work with his neighbor, identified in the record as Gary McKee, and suggested he could alter the smaller pond so the larger pond would be treated as recreational (which would carry a smaller 20‑foot setback requirement).
After discussion about tabling the matter, Paine‑Cirrincione moved, and Charles Buss seconded, to deny the variance application. All members present voted in favor and the motion carried. Earlier in the meeting the board approved minutes from Dec. 4, 2023, and later adjourned at 7:06 p.m.
The denial means Mr. Cooper would need to alter the site (for example, change pond size or footprint, or move shoreline away from the property line) and resolve outstanding drainage and boundary issues before returning to the Zoning Board for reconsideration; no timetable for a reapplication was set during the meeting.
